HomeMy WebLinkAbout2.a. JJT Final Plat and Subdivision AgreementAGENDA ITEM: JJT Final Plat and Subdivision
Agreement
AGENDA SECTION:
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer
x
AGEN t -.i
ATTACHMENTS: Plat map, Subdivision Agreement
APPROVED BY: /tV
RECOMMENDED ACTION: Discussion and direction.
4 ROSEMOUNT
City Council Work Session March 22, 2006
BACKGROUND:
CITY COUNCIL
EXECUTIVE SUMMARY
This item is before Council to review the proposed final plat and subdivision agreement for the JJT project
located to the west of the business park adjacent to TH 3 and CSAH 42. Through the development of the
final plat, development plans and subdivision agreement, it has been determined that the extension of
Boulder Avenue requires right -of -way to be dedicated from a City owned parcel adjacent to the proposed
plat This 10 -acre parcel was secured by the City through an assessment settlement with the Pahl's and is
intended to be unlined for a water treatment facihty in the future. It should be noted that when the City
agreed to the configuration of this parcel, it was and still is intended that the parcel shape would be
reconfigured when the Pahl property developed. Now with the development of the adjacent property, it is
necessary to dedicate right -of -way from this City owned parcel However, given the circumstances that
this parcel was acquired under, staff is recommending that the developer compensate the City for the
right -of -way at a rate of $1.85 per square foot and pay for all costs associated with the construction of the
street and utility improvements.
The developer has questioned the requirement to pay for both the right -of -way and construction cost
within the City parcel and beheves that these costs would typically be borne by the respective property
owner. While this may be the case if the property were being developed, in this case, the City did not
intend to develop this property at this tune and therefore has no funding identified for costs associated
with the construction of the street and utility improvements. In addition, the City did incur costs to
originally acquire the 10 -acre parcel In the past, there have been similar situations where developers have
funded improvements and right-of-way acgtusiuon off -site to accommodate the advancement of their
projects. Two recent examples are the construction of Connemara Trail to TH 3 paid for by the
Evermoor developer and the extension of Connemara Trail past the Fire Station No. 2 site paid for by the
Meadows of Bloomfield developer.
At this tune, the staff recommended condition of approval and attached subdivision agreement specifically
includes 1) compensation to the City for right -of -way dedication for Boulder Avenue extension at a rate of
$1.85 per square foot; and 2) payment of all costs associated with the completion of street and utility
improvements by the developer.
SUMMARY:
Prior to bunging the final plat and subdivision agreement before Council, staff is requesimg Council
direction on the developer's request to:
1. City dedicate right -of -way without compensation
2. City participates m cost associated with street and utility improvements.
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SUBDIVISION AGREEMENT
JJT Business Pail:, Pitst Addition
AGREEMENT dated this day of 2006, by and between the CITY OF ROSEMOUNT,
a Minnesota municipal corporation, (the "City and JJTFINANCLVLLP, (the "Developer
1. Request for Plat Approval. The Developer has asked the City to apptove the subdivision of land and a
plat of land to be known as J f f Business Park, Past Addition, which land is legally described on
Attachment One, attached hei cto and hereby made a part hereof (hereinafter mimed to as the "subject
property
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
condi
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b Execution of a Subdivision ot Development Agaecment to secure the public and private
unpioyements
c Payment of all applicable fees including G I.S., Park Dedication and other fees identified in the
current fee schedule
d. Incorporation of any easements necessary to accommodate dtamage, pondung, trails, underpasses,
conservation aieas, streets and utilities.
e Payment of $76,861.95 (which is $1 85 per square foot x 41,547 square feet) for compensation of
City- dedicated right -of -way for Boulder Avenue Refer to Exhibit C for measurements
3. Phased Development. The City may refuse to apptove final plats of subsequent additions of the plat if
the Developer has bteached this Contract and the breach has not been remedied Development of
subsequent phases may not proceed until Subdivision Agreements for such phases ai c approved by the
City
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to
the City's Comptehensive Plan, except an amendment placing the plat in the cuurent urban service area, or
official controls shall apply to 01 affect the use, development density, lot size, lot layout ot dedications of
the approved plat unless required by state 01 federal law or agreed to in wasting by the City and the
Developer Thereafter, notwithstanding anything m this Agreement to the contrary, to the full extent
permitted by state law, the City may tequue compliance with any amendments to the City's
Comprehensive Guide Plan, official controls, platting or dedication requmements enacted after the date of
this Agreement
5. Development Plans. The subject property shall be developed in accordance with the following plans,
original copies of which ate on file with the City Engineer The plans may be prepated, subject to City
apptoval, after entering this Agreement, but before commencement of any wot k on the Subject Property
If the plans vary limn the written tetnns of thus Agreement, the written twins shall control. The plans ate.
JJT Business Park, First Addition
3/21106
Page 1 of 10
Plan A Plat
Plan B Sod Erosion Control Plan and Schedule
Plan C Drainage and Storm Water Runoff Plan
Plan D Plans and Specifications for Public Improvements
Plan E Grading Plan
Plan h Landscape lmprovements
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, heteinaftei referred to as the "Developer Improvements
A. Street Lights
B. Sett of Lot and Block Monuments
C Surveying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone, and Cable Lines
E Site Giading
F. hundscapnng
G. Other items as necessary to complete the development as stipulated herein or in other
agicemcnts
7. Time of Performance. The Developer shall install all required improvements ermine! ated rn Paragraph 6
which kill serve the subject pi operty by Octobet 31 2006. The Developer may, how ever, request an
extension of time fiom the C iy If an extension is granted, rt shall be conditioned upon updating the
security posted by the Developer to teflect cost increases and the extended completion date.
8. Public Infrastructure. The following improvements, heietnafter referred to as "Public Infrastructure
Improvements" (known as City Project 402), shall be designed, inspected, surveyed and administered by
the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City
through the public bidding process.
A. Sanitary Sewer
B. Watermain
C Storm Sewer.
D Sneers
E. Sidewalks /Pathways
Attachment One shows the area within which the Public Infrastructure Improvements will be
constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with
plans and specifications prepared by the City or its consultants. The City will not enter into such
contracts until all conditions of plat and subdivision approval have been met, the plat is recorded, and
the City has received the bonds and sccunty tequued by this agteement.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department
of Health and all other agencies before proceeding with construction.
JJT Business Park, First Addition
3/21/06
Page 2 of 10
9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the
construction, installation and maintenance of the Pubhc Infiastrucuue Improvements, the Developer shall
promptly make payments to the City of sums deemed necessary by the City to make timely payments to its
contractor as follows:
a Prior to the receipt by the City of bids for the Public Infrastructure Improvements, the
Developer will pay to the City a cash deposit in the amount of One Hundred Thousand Dollars
($100,000) to covet one 01 more periodic payments to the City's contractor Such deposit and
later payments to the deposit as provided in this paragraph will be held by the City and used to
pay the City's contractor for Pubhc Infiasuuctme Improvements and no other purpose
b From ume to time, as the City's construction of the Public Infrastructute Improvements
proceeds and the amount held in the Developer's deposit is du m fished by payments to the
City's contractor, the City will give written nonce specifying an amount due nom the Developer
to replenish the deposit, as determined by the City to be necessary to cover one or more
periodic payments to the City's contractor. Payments shall be due no later than three (3) weeks
aftcr receipt of notice by the Developer.
c. No Interest will be paid 01 credited to the Developer on funds held by the City In the deposit
Following final payment for Pubhc Infrastructure Improvements the City will return any unused
funds in the deposit to the Developer.
d. Upon execution of this Agreement, the Developei will provide a letter of ctedit in form
satisfactory to the City in the amount of Foul Hundred Fifty Thousand Dollars ($450,000)
[which is 110% of the estimated construction costs ($500,000) less the initial deposit of
$100,0001, conditioned on the prompt and faithful performance by the Developer of its
obligations undet this paragraph 9 This letter of credit may be combined with any other letter
of credit given to secure performance under this Agreement, provided the form thereof is
approved by the City.
c. In the event the City does not recover its costs for completing the Pubhc Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, the Crr\ niay, at
its option, assess the Subject Ptoperty in the manner provided by Minnesota Statutes, Chapter
429, and the Developer hei eby consents to the 1077 of such special assessments without notice
or hearing and waives its tights to appeal such assessments pursuant to Minnesota Statutes,
Section 429.081, provided the amount levied, together with the funds deposited with the City
under this paragraph, does not exceed the expenses actually incurred by the City in the
completion of the Pubhc Infrastructure Improvements.
10. Security for Developer Improvements To guarantee compliance with the terms of this Agreement,
payment of the costs of all Developer Improvements, and construction of all Developer Immprovements
(as noted m Paragraph 6), the Developer shall furnish the City with a cash escrow or nrevocable letter of
credit from a bank ("secunty") in the amount of Eighty-Three Thousand, Fifty Dollar s ($83,050), which
is 110% of the estimated cost of the Developer Improvements The amount of the security was
calculated as follows
JJT Business Park, First Addition
3/21/06
Page 3 of 10
Refer to Exhibit A and Exhibit 13 for an explanation of each item
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The lettci of credit shall be automatically renewable until the City releases the developer
from responsibility The letter of ciedit shall secure compliance with the terms of this Agi cement and
all obligations of the Developer under it. The City may thaw down on the letter of credit wi thout notice
if the obligations of the Developer have not been completed as requned by this Agreement. In the
event of a default under this Subdivision Agreement by the Developer, the City shall furnish the
Developer with written nonce by certified mad of Dev clop cis dcfault(s) under the terms of this
Subdivision Agreement. If the Dcvelopei does not remove said default(s) within two (2) weeks of
receiving notice, the City may draw on the letter of credit. With City approval, the letter of credit man
be reduced from time to time as financial obligations are paid and developer- installed improvements
completed to the City's requirements
11. Gradina Plan /Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer The completion of grading activities will need to be coordinated by the
City in conjunction with thc installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the vte grading work and shall submit a certificate of survey of the
development to the Cm as the site giading is completed by phase, with street and lot glades If the
mstallauon of utilities is occurring sunultaneously with the grading, the unittn' contractor shall have
preference over the grading activities No substantial wading activities can be completed over installed
utilities unless otherwise protected. All unprovements to the lots and thc final giading shall comply with
the grading plan as submitted and shall be the responsibility of the Developer
12. License. The Developer hei eby giants the City, its agents, employees, officers and contractors a license
to enter the Subject Property to perform all work and inspections deemed appropriate by the City
duung the installation of Public Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City All areas disturbed by thc excavation and bacl:fil]ing operations shall be reseeded within 72
hours after the completion of the work to that area Except as otherwise provided in the incision control
plan, seed shall be rye grass or other fast growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchoted as
necessary for seed retention.
JJT Business Park, First Addition
3/21/06
Page 4 of 10
Cost
1104!
Grading Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$1,500
$1,650
Landscaping
$4,000
$4,400
Street Lighting (5 lights)
$20,000
$22,000
Total
$75,500
$83,050
Refer to Exhibit A and Exhibit 13 for an explanation of each item
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The lettci of credit shall be automatically renewable until the City releases the developer
from responsibility The letter of ciedit shall secure compliance with the terms of this Agi cement and
all obligations of the Developer under it. The City may thaw down on the letter of credit wi thout notice
if the obligations of the Developer have not been completed as requned by this Agreement. In the
event of a default under this Subdivision Agreement by the Developer, the City shall furnish the
Developer with written nonce by certified mad of Dev clop cis dcfault(s) under the terms of this
Subdivision Agreement. If the Dcvelopei does not remove said default(s) within two (2) weeks of
receiving notice, the City may draw on the letter of credit. With City approval, the letter of credit man
be reduced from time to time as financial obligations are paid and developer- installed improvements
completed to the City's requirements
11. Gradina Plan /Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer The completion of grading activities will need to be coordinated by the
City in conjunction with thc installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the vte grading work and shall submit a certificate of survey of the
development to the Cm as the site giading is completed by phase, with street and lot glades If the
mstallauon of utilities is occurring sunultaneously with the grading, the unittn' contractor shall have
preference over the grading activities No substantial wading activities can be completed over installed
utilities unless otherwise protected. All unprovements to the lots and thc final giading shall comply with
the grading plan as submitted and shall be the responsibility of the Developer
12. License. The Developer hei eby giants the City, its agents, employees, officers and contractors a license
to enter the Subject Property to perform all work and inspections deemed appropriate by the City
duung the installation of Public Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City All areas disturbed by thc excavation and bacl:fil]ing operations shall be reseeded within 72
hours after the completion of the work to that area Except as otherwise provided in the incision control
plan, seed shall be rye grass or other fast growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchoted as
necessary for seed retention.
JJT Business Park, First Addition
3/21/06
Page 4 of 10
All basement and /or foundation excavation spoil piles shall be kept completely off City tight -of -way
and shall be completely surrounded iih an approved etosion control silt fence. Appiovcd erosion
control fencing shall be installed around the pciunetet of each lot oI at Cin -approved locations at the
tmie of building pernut issuance and remain in place until the lot is seeded of sodded. A 20 -foot
opening will be allowed on each lot for construction dehveiies.
The parties recognize that tune is critical m controlling erosion. If development does not comply with
the erosion control plan and schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropuatc to control erosion. This right also applies to the required
croston control for basement and /ot foundation excavation spoil piles 7 he City will attempt to notify
the Developer 113 advance of any proposed action, but failure of the City to do so will not affect the
Developer's or Citv's rights or obligations hereunder If the Developer does not uunbutsc the City for
any cost the City incurred for such it ode within tinny (30) days, the City mat- dime down the letter of
credit to pan any costs. No development will be allowed, and no building permits will be tssued unless
the Subject Property is in full compliance with the erosion control requnements
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City
Planner.
15. Clean up. The Developer shall clean streets of dirt and debris that has resulted fiom construction work
by the Developet, its agents or assignees The City will inspect the site on a weekly basis and deter mine
whether it is necessary to take additional measures to clean dirt and debus from the streets After 24
hour s verbal nonce to the Developet, the City will complete or contract to complete the clean up at the
Developer's expense m accordance with the procedures specified in Paragraph 13. The Developet shall
inspect and, if necessaty, clean all catch basins, sumps, and pondrng areas of erosion /siltation and
restore to the ongmal condition at the end of home construction within this development. All silt fence
and other etosion control should be removed following the establishment of to if 'f hose items ai e to be
secured rhiough the letter of credit as is noted to Exhibit A.
16. Ownershi of Improvements. Upon completion and City acceptance of the work and construction
tequued by this Agreement, the public improvements lying witInn public ughts -of -way and easements
shall become City property without further nonce or action unless the improvements are slated as
puvate uifiastructure,
17. Warranty. The Developer warrants all work required to be perfonned by it against pool material and
faulty workmanship fora peitod of two (2) years after its completion and acceptance by the City. All
trees, glass and sod shall be wananted to be alive, of good quality and disease free for twelve (12)
months after planting.
18. Responsibility for Costs.
A Except as otherwise specified herein, the Developer shall pay all costs incuncd by it or the City
in conjunction with the development of the Subject Property including, but not lnmted to, Sod
and \Vatei Conservation District charges-, legal, planning, engineering and inspection expenses
incuried in connection with approval and acceptance of the subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incur] ed
by the City in monitoring and inspecting the development of the Subject Property,
JJT Business Park, First Addition
3/21/06
Page 5 of 10
B. The Developer shall hold thc City and its officers and employees harmless from claims made by
itself and third par ties for damages sustained of costs incurred resultmg from plat or subdivision
approval and development of the Subject Property. The Developer shall indemnify the On. and
its officers and employees for all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees
C. The Developer shall reimburse the City for costs tncuired in the preparation and enforcement
of this Agreement, including engmceung and attorney's fees. The estunated City fees of
$115,350 shall be deposited with the City at the tune this Agreement is signed, and tepiesent the
following estimates:
$85,000 Engmccrmg Fecs
$2,500 Attorney Fees
$25,000 5% City Fces
$600 Street Light Energy Cost
$5,250 Seal Coating
$118,350
If the City fees exceed this estimate, the Developer shall pay the additional costs to the (ht)
within ten (10) days of the request.
D. The Developer shall pay In full all bills subnutted to it by the City for obligations mcuued under
this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the Crty
may halt development work and construction including, but not Invited to, t issuance of
building pumas for lots which the Developer may or may not have sold, until the bills are paid
in full, Bills not paid within thirty (30) days shall accrue Interest at the rate of tune percent (9%)
per year.
E. The Developer shall pay all energy costs for stteet lights installed within the Subject Property for
24-months at a cost of $5 /month /tight. After that, the City will assume the energy costs
F. The Developer will pay the cost of sealcoadng the streets within the development at a cost of
$0.75/SY. The sealcoaung will be completed within two (2) years following wear course
placement.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of, execution of any plat by the City:
Park dedication fees in the amount of $47,000
(Adchtional Park Dedication Fecs will be required upon future platting of Oudot A)
13. Geographic Information System (GIS) fees in the amount of $1,128
C. Storrn Sewer Trunk Area Charges in the amount of $57,412
D Sanitary Sewer Trunk Area Charges in the amount of $10,105
I:. Waterman Trunk Area Charges in the amount of $41,548
Or other amounts for such fees as in effect at thc tune of plat approval.
JJT Business Park, First Addition
3/21/06
Page 6 of 10
20. The Developer understands that builders will be requited to pal for the Subject Property fees, charges
and assessments in effect at the tune of issuance of building permits. The rates for each of these items
will be set according to the current rate structure at the tune the building permit is received. The fees,
charges, and assessments in effect as of this agreement are
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$1,550)
B. Stour Sewer Connection Charges per acre for undustrial (currently at $2,065/acte)
C Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
D. Water Availability Charges per meter
21. Building Permits. No occupancy peanuts shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C Ali curbing is installed and backfilled.
D The fast hft of bituminous is m place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays
mcuned by the City in the construction of public improvements caused by the Developer, its
employees, contractors, subcontractors, matnralmen or agents. No occupancy permits shall be issued
until the public streets and utilities refereed to in paragi aph 6 and 8 arc in and apps oved by the City,
unless otherwise authorized in wilting by the City Engineer
22. Developer's Default. In the event of default by the Developer as to any of the work to be performed
by it hereunder, the City may, at its opuon, perform the work and the Developer shall promptly
reimburse the City foi any expense incurred by the City, provided the Developer is first given nonce of
thc work m default, not less than 48 hours in advance. This Agreement is a license for the City to act,
and it shall not be necessary for the City to seek a court order for permission to entci the land When
the City does any such work, the City may, m addition to its other remedies, levy the cost nn whole or in
part as a special assessment against the Subject Property Developer waives its rights to notice of
hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota
Statutes, Section 429.081.
23. Miscellaneous
A. The Developer represents to thc City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
rcgulauons Including, but not knitted to subdivision ordinance~, zoning ordinances and
environmental regulations If the City determines that the subdivision, or the plat, or the
development of the Subject Property does not comply, the City may, at its opuon, refuse to
JJT Business Park, First Addition
3/21/06
Page 7 of 10
allow constriction or development wotk on the Subject Property until the Developer does
comply Upon the City's demand, the Dev eloper shall cease work until then is compliance.
B Thud par ties shall have no recourse against the City under this Agreement
C Breach of the terms of this Agreement by die D cveloper shall be grounds for denial of budding
pemuts, including lots sold to third patties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Agreement
E If building pernuts are issued prior to the completion and acceptance of public improvements,
the Developer assumes all liability and costs resulting in delays in completion of public
improvements and damage to public mzptovements caused by the City, the Developer, its
contractors, subcontractors, matenahnen, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Agreement '1'o be binding, amendments or waivers shall be m writing, signed by the
parties and approved by mitten resolution of the City Council The Citv's failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
G This Agreement shall run with the land and rnay be recorded against the title to the property
The Developer shall take such steps, including execution of amendments ro his Agreement, as
are necessary to effect the recording hereof After the Developet has completed the work
required ofitunder this Contract, at the Developer's request, the City will execute and deliver to
the Developer a release.
I
Each right, power or remedy heieuh conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or unphed, now or hereafter arising, available to die
City, at law or m equity, or under any other agreement, and each and every light, power and
temedy hc set forth or otherwise so wetting may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the right
to exercise at any time thereafter any other right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the City
Council
24. Notices. Required notices to the Developet shall be in writing, and shall be either hand dehvet ed to the
Developer, its employees or agents, or marled to the Developer by iegistcted mail at the following
address
)JT Financial LP
21476 Grenada Avenue
Lakeville, Minnesota 55044
Notices to the City shall be m wilting and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address.
City Aclimnistrator
Rosemount Ctty Hall
2875 145 Street West
Rosemount, Minnesota 55068
JJT Business Park, First Addition
3/21/06
Page 8 o(10
IN WITNESS WHEREOF, the parues have hcteunto set thou hands the day and year first above
wiutcn
STATE OF MINNESOTA
COUNTY OF DAKOTA
STATE OF MINNESOTA
COUNTY OF DAKOTA
SS
SS
the said
Drafted By:
Ctly ofROJeuravnt
2873 /451h 5/, V live it
Rai nonnl, MN 55068
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Jamie Verbrugge, Deputy City Clerk
BY:
Its
BY:
Its
The foregoing instrument was acknowledged before me this day of
2006, by William H. Dioste, Mayon, and Jaime Verbrugge, Deputy City Clerk, of the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
Notary Pubhc
The foregoing instrument was acknowledged before me this day of
2 006 by and
a on behalf of
Notary Public
JJT Business Park, First Addition
3/21/06
Page 9 of 10
EXHIBIT A
The following clanficss the various portions of the letter of credit for Developer Improvements that are outlined
in the Subdivision Agreement:
Grad Erosion Control A restoration and erosion control bond to ensure revegetation and erosion
control ($3,500 /acre). Note. The muunn bond amount is set at $25,000
Pond Restoration /l iosion Removal r\ security to allow for cleaning of sedunentauon ponds prior to City
acceptance, and removing any installed erosion control measures such as silt fence and woodEibei blanket
following development of 75 percent of adjoining lots (cstunated Lump Sum).
Sturm: ev Monumentation An amount equal to 110% of the cost to monument all lots within the development.
Landscaping An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond foi that cost is not required
Retaining Walls An amount equal to 110`% of the cost to complete the retaining wall construction
Street Ltnlmm�z An amount equal to 110 °l0 of the cost to complete the minimum required lighting. If
additional Lighting is planned, a bond foi that cost is not required ($4,000 per light has been used to calculate this
cost).
Buffet Alonumentation —An amount equal to 110`)/0 of the cost to manufacture and install the necessary buffer
monuinentauon signs around all ponds and wetlands ($50 per sign has been used to calculate this cost).
Pail: Equipment An amount equal to 110% of the cost of nnpiovements agreed upon to be completed in the
park areas
Weiland nlonitorm An amount equal to 110% of the cost to hire a wetland specialist to monitor the
nungatiou areas for 5 years to ensure their propel creation. This wetland specialist will be lured by the City
Wetland Restoration /Mitigation An amount equal to 110% of the cost to develop new wetlands should the
mitigation not be effective ($20,000 per acre of mitigation).
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Page 10 of 10
No
Item
Cost
110°/,
Calculation
I
Gr admg and El osion Control
25,000
S 27 500
Minimum 525,000
2
Pond Rcstol ail on and Flamm' Conti of Removal
25,000
27,500
Minimum 525,000
3
Sut Cy Monumcntatioo
1,500
5 1,650
5500/1ot *3 lots
4
Retaining Wall
S
NIA
5
Landscepine
5 4,000
5 4,400
Per Rick Pearson
6
Sheet Linhts
5 20,000
S 22,000
5 lights 54000 /light
7
Bullet Monutncntation
5
5
N/A
S
Pat k Equipmcnt /lmpi ovements
5
S
N/A
9
Wetland Rcstot at on /M itigation
5
S
N/A
10
Wetland Monitoring
5
5
N/A
1 otal
5 75,500
5 83,050
No
Item
Cost
Cal cu Iau011
1
Engineering fees
•Attoi 'Icy fees
5 S5 000
5 2,500
17% of the estimated construction cost
Estimate
2
I0 %of94 acres, multiplied by 550,000 pet acts
5% City Fees
5 25,000
5% of Construction Cost
4
Sheet Light Energy Cost
5 600
5 lights 24 months S5 /month
5
Seal Coating
5 5,250
50 75 /SY 7000 Sl"
926 acres
"total
118,350
A o
l tan
Cost
Cost
Calculation
1
Pail Dedication
5 500,000
5 47,000
I0 %of94 acres, multiplied by 550,000 pet acts
2
GISrces
1,128
5120 /ace *94acres
3
Stolen Sew er trunk Change
5 57,41
$6200 /gross developable acre
926 acres
5
Sanitary Sean Tr unk Area Charge
5 10,105
5)0751aci c 94 notes
6
Water main 9'I unk Area Chat go
S 41,548
54420/acre 9 4 acres
Total
5 157,193
N o
Item
Cost
110
Calcu tau on
1
Estimated Consn action Cost
5 500,000
5 550,000
Based on estimated constr uchon cost
2
Less Initial Cash Deposit
(100 0011)
Deposit
Total
450,000
•t of Credit for neveloper Improvements
•trpr of Cr edit for Public It frastt uctu re
JJT Business Park, First Addition
EXHIBIT B (page 1 of 2)
G VItr`i G PIROf A4112 \Subdrr mr, m Cale.
velopment Fees
Lot
Block
SQ FT
Acres
1
1
240,494
5 52
1
2
69 091
1 59
OudotA
2.30
1,538,115
3531
ROW
100,151
2 30
Boundar v Check
1,947,907
44 72
Pondmg to 1-1 W L
0 15
Total Plat Alea=
44.72
Net Der Atea=
44.57
Pondnta to 1 -tWL=
0.15
acres
Palk Dedication=
9.41
aces
Ded,cated ROW=
2.30
acres
JJT Business Park, First Addition
EXHIBIT 13 (Page 2 of 2)
o'-m
min
z
0 0z
0
11 Ao
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I
us
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ID
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DEDICATED TO PLAT
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m
x
0
orm x
TNZ
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N 891746' E
SOWN Ur 52 C I T$ A l WU
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2 4- 03
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85 BB
AID HIGHWAY NO 42
PAHI FAINCY iN IM•RNCRSNIP
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N 89•2746' E
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CP
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Z
N 89•06'44jE __CWNtt STATE
8585 AID HIGHWAY NO 42
to
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i
1
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I
2.220 00 1n ^0
'i 90
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rvC
95990
9.494
5 94 0
9 90
96016,
59 a<
96959
S.
955
o
970
9
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'i 90
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95990
5 94 0
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96016,
955
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970
52J1 1 L. 0., -Fir roorrimor
1.
u. JN_ DOA m --J