HomeMy WebLinkAbout6.j. Glendalough 7th Addition (US Homes) Final Plat, 06-25-FPAGENDA ITEM: 06 -25 -FP Glendalough 7 Addition (U.S,
Homes) Final Plat
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director
AGE i .r"%`
ATTACHMENTS: Draft Resolution, Location map, Final
Hat Reductions, Subdivision Agreement
APPROVED BY:
RECOMMENDED ACTION: Motion to Adopt Final Plat Approval Resolution and
Subdivision Agreement for Glendalough 7 Addition.
5i ROSEMOUNT
SUMMARY
Applicant Property Owner(s):
Location:
Number of Lots /units:
Current Zoning.
CITY COUNCIL
City Council Regular Meeting: May 16, 2006
EXECUTIVE SUMMARY
U.S. Homes (Lundgren Brothers)
Between Evermoor Parkway and Dodd Boulevard North of
Connemara Trail
32 Single Family "Traditional Housmg" Lots and 3 Outlots.
R -1, Low Density Evermoor Glendalough Planned Unit
Development (PUD)
BACKGROUND
The applicant, U.S. Homes, requests final plat approval for Evermoor Glendalough 7 Addition to plat 32
single family lots and four outlots. The 32 lots continue the Glendalough "Traditional Housing
Neighborhood" design. Three of the four outlets will be reserved for future development while Outlot C
will function as a pnvate recreational space for the neighborhood. As part of the Evermoor Planned Unit
Development, the Glendalough neighborhood has reduced setbacks m exchange for enhanced
architecture, front porches, and recessed or side loaded garages.
ENGINEERING
Although the platting permits creation of 32 additional single family lots, utilities will be extended through
the plat, including Outlot D It is intended that sanitary sewer, water, and storm sewer will be extended
through Outlot D, in the area designated on the prelmunaryy plat for road right -of -way. This will allow
utilities to be brought into the CDA site when developed.
As part of the approval, the applicant must formally vacate Dodd Road pnor to release of the final plat for
recording. The paved road must also be removed at the property owner's expense.
The applicant must obtain 60 feet from the adlommg eastern property owner to allow the extension of
134 Street and utilities to provide a connection to Dodd Road. This is to offer an additional access option
for the existing homeowners along Hwy 3 who will be impacted by the removal of the Dodd
Road /Connemara Trail Intersection Long -term, 134 will provide an additional access option for the
Glendalough neighborhood to the realigned Dodd Road. The recommended resolution and subdivision
agreement require the easements prior to release of the final plat for recording. If the applicant is
unsuccessful m obtaining the easements, the City may choose to condemn the property, at the applicant's
expense.
A trail easement will be needed in the future across Outlot A when replatted to permit the extension of the
existing trail system Finally, a drainage and utility easement is necessary over Outlot A because of the
presence of a stormwater pond and future lift station.
CONCLUSION
Staff finds the final plat to be in substantial comphance with the preliminary plat. There are a few issues
associated with the plat that will require performance prior to release of the final plat. Those are
enumerated in the proposed resolution of adoption by the City Council.
RECOMMENDATION
Approve the attached resolution and subdivision agreement.
2
AND:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2006
A RESOLUTION APPROVING THE FINAL PLAT
FOR EVERMOOR GLENDALOUGH 7 ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
apphcauon from U S. Home Corporation requesting Final Plat approval for Evermoor Glendalough
7th Addiuon, legally described as
Outlot A, EVERMOOR GLENDALOUGH 6TH ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota.
AND:
Outlot E, OUTLOTS OF EVERMOOR, according to the recorded plat thereof, Dakota
County, Minnesota.
That part of Dodd Boulevard as dedicated on the plat of OUTLOTS of EVERMOOR,
according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the southwest corner of Oudot E, said OUTLOTS OF EVERMOOR;
thence North 68 degrees 05 minutes 41 seconds West, assumed bearing, along the
northerly right -of -way line of Connemara Trail as dedicated on said plat of OUTLOTS
OF EVERMOOR, a distance of 91 27 feet to the westerly right -of -way line of said
Dodd Boulevard; thence North 21 degrees 52 minutes 49 seconds West, along said
westerly right -of -way line, a distance of 101.75 feet; thence northeasterly, along said
westerly nght -of -way line, along a tangential curve, concave to the southeast, having a
central angle of 53 degrees 18 minutes 52 seconds, a radius of 334.56 feet, and an arc
length of 311.31 feet; thence North 31 degrees 26 rnuiutes 03 seconds East, along said
westerly right -of -way line, tangent to said last curve, a distance of 125.75 feet; thence
northeasterly, along said westerly right -of -way line, along a tangential curve, concave to
the northwest, having a central angle of 22 degrees 35 minutes 46 seconds, a radius of
1240 24 feet, and an arc length of 489.12 feet, thence North 08 degrees 50 minutes 17
seconds East, along said westerly right -of -way line, tangent to said last curve, a distance
of 209.07 feet to the east line, a distance of 360.97 feet to the easterly right -of -way line of
said Dodd Boulevard; thence southwesterly, along said easterly right -of -way line, along a
non tangential curve, concave to the northwest, having a central angle of 16 degrees 07
minutes 23 seconds, a radius of 1306 24 feet, and an arc length of 367.58 feet, the chord
of said curve bears South 23 degrees 22 minutes 21 seconds West; thence South 31
degrees 26 minutes 03 seconds West, along said easterly right -of -way line, tangent to said
last curve, a distance of 125 75 feet; thence southwesterly, along said easterly nght -of-
way lute, along a tangential curve, concave to the southeast, having a central angle of 53
degrees 18 minutes 52 seconds, a radius of 268.56 feet, and arc length of 249.90 feet,
thence South 21 degrees 52 minutes 49 seconds East, along said easterly right -of -way
line, tangent to said last curve, a distance of 144.23 feet; thence southeasterly, along said
easterly right -of -way line, along a tangential curve, concave to the southwest, having a
central angle of 00 degrees 36 minutes 35 seconds, a radius of 18 \942.86 feet, and an arc
length of 20.67 feet to the point of beginning.
WHEREAS, on Apn125, 2006, the Planning Commission of the City of Rosemount reviewed the
Final Plat for Evermoor Glendalough 7th Addition located between Evermoor Parkway and Dodd
Boulevard, north of Connemara Trail; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Final Plat for Evermoor Glendalough 7th Addition, subject to conditions; and
WHEREAS, on May 16, 2006, the City Council of the City of Rosemount approved the Final Plat
for Evermoor Glendalough 7th Addiuon after reviewmg the Planning Commission's
recommendation and the Final Plat; and
NOW, THEREFORE BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Evermoor Glendalough 7th Addition, subject to:
1. Revise the plat to provide a drainage and utility easement over Outlot A
2 The apphcant petition for vacation, and receive approval, of Dodd Road right -of -way prior
to release of the final plat for recording.
3. For the extension of 134th Street West to Dodd Boulevard, the Developer shall secure and
provide 60 foot roadway, drainage and utility easements to the centerline of the traveled
portion of Dodd Boulevard m a form acceptable to the City Attorney In the event that the
Developer is not able to secure the necessary easements, the City may choose to acquire
easements by eminent domain with all costs borne by the Developer. The easements must
be obtained prior to release of the final plat or the City rmtiate eminent domain proceedings
prior to release of the final plat for recording.
4. Removal of Dodd Road is at the apphcant's expense.
ADOPTED this 16th day of May, 2006 by the City Council of the City of Rosemount.
ATTEST:
Amy Domeier, City Clerk
William H Droste, Mayor
2
RESOLUTION 2006
Motion by: Second by:
Voted m favor:
Voted against:
Member absent:
NOTE Dimensions rounded to nearest foot
Copyright 2006, Dakota County
This drawing is neither a legally recorded map nor a survey and is nM intended to be used as one
This drawing is a compilation of records, rformation and data located in various city, county and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only Dakota County is not responsole for any inaccuracies herein contained If discrepancies are
found, please contact Dakota County Survey and Land Information Depanment
Map Date April 20, 2006 Parcels Updated 03/30/2006 Aerial Photography
SITE MAP
2.
PRELIMINARY
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PRELIMINARY
1
SUBDIVISION AGREEMENT
Glendalough 7th Addition
AGREEMENT dated this day of 2006, by and between the CITY OF ROSEMOUNT,
a Minnesota municipal corporation, (the "City and U S HOME INCORPORATED, (the "Developer
1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a
plat of land to be known as Glendalough 7th Addition, which land is legally descnbed on Attachment
One, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
conditions.
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 or Development Agreement to secure the pubhc and private
improvements
c Payment of all apphcable fees, including G.I.S. and other fees identified in the current fee
schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, conservation
areas, streets and utilities
e. For the extension of 134th Street West to Dodd Boulevard, the Developer shall secure and provide
roadway, drainage and utihty easements to the centerline of the traveled portion of Dodd Boulevard in
a form acceptable to the City Attorney. In the event that the Developer is not able to secure the
necessary easements, the City may choose to acquire easements by eminent domain, with all costs
borne by the Developer.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if
the Developer has breached this Contract and the breach has not been remedied. Development of
subsequent phases may not proceed until Subdivision Agreements for such phases are 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 Comprehensive Plan, except an amendment placing the plat in the current urban service area, or
official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of
the approved plat unless required by state or federal law or agreed to in writing 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 require comphance with any amendments to the City's
Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of
this Agreement.
5. Development Plans. The subject property shall be developed m accordance with the following plans,
original copies of which are on file with the City Engineer The plans may be prepared, subject to City
approval, after entering this Agreement, but before commencement of any work on the Subject Property.
If the plans vary from the written terms of this Agreement, the wntten terms shall control The plans are:
Glendalough 7th Addition
05/11/2006
Page 1 of 11
Plan A Plat
Plan B Soil 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 and House Pad Elevations
Plan F Street Lights
Plan G Landscape Improvements
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements
A. Street Lights
B. Setting of Lot and Block Monuments
C. Sun-eying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone, and Cable Lines
E. Site Grading
F. Landscaping
G. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6
which will serve the subject property by July 31st, 2007. The Developer may, however, request an
extension of time from the City If an extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the extended completion date.
8. Public Infrastructure. The following improvements, hereinafter referred to as "Public Infrastructure
Improvements" (known as City Project 401), 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. Waterman'
C. Storm Sewer
D. Streets
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 m 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 security required by this agreement.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department
of Health and all other agencies before proceeding with construction.
Glendalough Th Addition
05/11/2006
Page 2 of 11
9. Deposit for Cost of Public Infrastructure Improvements. For the purpose of financing the
construction, installation and maintenance of the Public Infrastructure 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. Pnor 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 Two Hundred Thousand Dollars
($200,000) to cover one or more periodic payments to the City's contractor Such deposit and
later payments to the deposit as provided m this paragraph will be held by the City and used to
pay the City's contractor for Public Infrastructure Improvements and no other purpose.
b. From time to tame, as the City's construction of the Public Infrastructure Improvements
proceeds and the amount held m the Developer's deposit is duznmshed by payments to the
City's contractor, the City will give written notice specifying an amount due from 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
after receipt of notice by the Developer.
c. No interest will be paid or credited to the Developer on funds held by the City in the deposit.
Following final payment for Public Infrastructure Improvements the City will return any unused
funds m the deposit to the Developer
d. Upon execution of this Agreement, the Developer will provide a letter of credit in form
satisfactory to the City m the amount of One Million Six Hundred Forty -Seven Thousand,
Seven Hundred Fifty Dollars ($1,647,750) [which is 110% of the estimated construction costs
($2,227,500) less the initial deposit of $200,000, less the estimated City core funds of $602,500],
conditioned on the prompt and faithful performance by the Developer of its obhgations under
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
e. In the event the City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, the City may, at
its option, assess the Subject Property m the manner provided by Minnesota Statutes, Chapter
429, and the Developer hereby consents to the levy of such special assessments without notice
or hearing and waives its nghts 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 Improvements
(as noted m Paragraph 6), the Developer shall furnish the City with a cash escrow or irrevocable letter of
credit from a bank (`security m the amount of One Hundred Fifty -Four Thousand Dollars 154,000),
which is 110% of the estimated cost of the Developer Improvements. The amount of the secunty was
calculated as follows:
Glendalough 7th Addttion
05/11/2006
Page 3 of 11
Refer to Exhibit A and Exhibit B 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 letter of credit shall be automatically renewable until the City releases the developer
from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and
all obligations of the Developer under it. The City may draw down on the letter of credit without notice
if the obligations of the Developer have not been completed as required by this Agreement In the
event of a default under this Subdivision Agreement by the Developer, the City shall furnish the
Developer with written notice by certified mail of Developers default(s) under the terms of this
Subdivision Agreement If the Developer 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 may
be reduced from time to time as financial obligations are paid and developer- mstalled improvements
completed to the City's requirements.
11. Grading 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 m conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occurring simultaneously with the grading, the utility contractor shall have
preference over the grading acuvities No substantial grading acuviues can be completed over installed
utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with
the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants 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
during 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 the excavation and backfillmg operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion 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- anchored as
necessary for seed retention.
Glendalough 7th Addition
05/11/2006
Page 4 of 11
Cost
110%
Grading Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentauon
$16,000
$17,600
Landscaping
$50,000
$55,000
Street Lightmg (6 lights)
$24,000
$26,400
Total
$140,000
$154,000
Refer to Exhibit A and Exhibit B 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 letter of credit shall be automatically renewable until the City releases the developer
from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and
all obligations of the Developer under it. The City may draw down on the letter of credit without notice
if the obligations of the Developer have not been completed as required by this Agreement In the
event of a default under this Subdivision Agreement by the Developer, the City shall furnish the
Developer with written notice by certified mail of Developers default(s) under the terms of this
Subdivision Agreement If the Developer 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 may
be reduced from time to time as financial obligations are paid and developer- mstalled improvements
completed to the City's requirements.
11. Grading 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 m conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occurring simultaneously with the grading, the utility contractor shall have
preference over the grading acuvities No substantial grading acuviues can be completed over installed
utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with
the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants 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
during 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 the excavation and backfillmg operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion 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- anchored as
necessary for seed retention.
Glendalough 7th Addition
05/11/2006
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All basement and /or foundation excavation spoil piles shall be kept completely off City right-of-way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City- approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot
opemng will be allowed on each lot for construction deliveries.
The parties recogruze that time is critical in 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 appropriate to control erosion. This right also applies to the required
erosion control for basement and /or foundation excavation spoil piles. The City will attempt to notify
the Developer m advance of any proposed action, but failure of the City to do so will not affect the
Developer's or City's rights or obhgations hereunder. If the Developer does not reimburse the City for
any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of
credit to pay any costs. No development will be allowed, and no building permits will be issued unless
the Subject Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be m accordance with Landscape Plans approved by the City
Planner.
15. Clean up. The Developer shall clean streets of dirt and debns that has resulted from construction work
by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine
whether it is necessary to take additional measures to clean dirt and debns from the streets. After 24
hours verbal nonce to the Developer, the City will complete or contract to complete the clean up at the
Developer's expense in accordance with the procedures specified m Paragraph 13. The Developer shall
inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion /siltation and
restore to the onginal condition at the end of home construction within this development. All silt fence
and other erosion control should be removed following the establishment of turf These items are to be
secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the pubhc improvements lying within pubhc rights -of -way and easements
shall become City property without further notice or action unless the improvements are slated as
private infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a penod of two (2) years after its completion and acceptance by the City. All
trees, grass and sod shall be warranted to be alive, of good quahty and disease free for twelve (12)
months after planting.
18. Responsibility for Costs.
Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the Subject Property including, but not limited to, Soil
and Water Conservation District charges, legal, planning, engineering and mspection expenses
incurred 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 incurred
by the City in monitoring and inspecting the development of the Subject Property.
Glendalough 7th Addition
05/11/2006
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B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property. The Developer shall indemnify the City 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 incurred m the preparation and enforcement
of this Agreement, including engineering and attorney's fees. The estimated City fees of
$499,109 shall be deposited with the City at the time this Agreement is signed, and represent the
following estimates.
$378,675 Engineering Fees
$2,500 Attorney Fees
$111,375 5% City Fees
$720 Street Light Energy Cost
$5,839 Seal Coating
$25,000 Right -of -way acquisition
$499,109
If the City fees exceed this estimate, the Developer shall pay the additional costs to the City
within ten (10) days of the request.
D. The Developer shall pay m full all bills submitted to it by the City for obhgations incurred under
this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt development work and construction including, but not hmited to, the issuance of
building permits for lots which the Developer may or may not have sold, unul the bills are paid
in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9
per year.
E. The Developer shall pay all energy costs for street lights installed within the Subject Property for
24- months at a cost of $5 /month /light. After that, the City will assume the energy costs.
F. The Developer will pay the cost of sealcoatmg the streets within the development at a cost of
$0 75 /SY. The sealcoating 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
A. Park dedication fees in the amount of $0 (previously paid)
B. Geographic Information System (GIS) fees m the amount of $1,760
C Storm Sewer Trunk Area Charges in the amount of $0 (previously paid)
Or other amounts for such fees as in effect at the time of plat approval.
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20. The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments in effect at the time of issuance of building permits The rates for each of these items
will be set according to the current rate structure at the time 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. Storm Sewer Connection Charges per single family unit and per multiple family unit (single
family currently at $690; multi -family currently at $260 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,480 /SAC unit for single family
residential and multi -family residential).
E. Trunk Sanitary Sewer Charge per Umt (currently at $358.33 /unit)
F. Trunk Water Charge per Unit (currently at $1,473.33/unit)
21. Building Permits. No occupancy permits 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. All curbing is installed and backfilled.
D. The first lift of bituminous is m place and approved by the City.
G. 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
incurred by the City in the construction of public improvements caused by the Developer, its
employees, contractors, subcontractors, matenalmen or agents. No occupancy permits shall be issued
until the public streets and utilities referred to in paragraph 6 and 8 are m and approved by the City,
unless otherwise authorized in wntmg 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 option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City, provided the Developer is first given notice of
the work in default, not less than 48 hours m 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 enter the land When
the City does any such work, the City may, in addition to its other remedies, levy the cost m 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 tight to appeal such assessments pursuant to Minnesota
Statutes, Section 429.081
Glendalough 7th Addition
05/11/2006
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23. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, 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 option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is comphance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for
any reason held mvand, such decision shall not affect the validity of the remaining portion of
this Agreement.
E. If building permits 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 pubhc improvements caused by the City, the Developer, its
contractors, subcontractors, materialmen, 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. To be binding, amendments or waivers shall be m writing, signed by the
parties and approved by wntten resolution of the City Council The City'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 may be recorded against the title to the property.
The Developer shall take such steps, including execution of amendments to this Agreement, as
are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this Contract, at the Developer's request, the City will execute and deliver to
the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to the
City, at law or m equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so exciting 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.
Glendalough 7'h Addition
05/11/2006
Page 8 of 11
24. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
MN Land Division
U.S. Home Incorporated
935 East Wayzata Boulevard
Wayzata, MN 55391
Notices to the City shall be in writing 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 Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
Glendalough 7th Addition
05/11/2006
Page 9 of 11
IN WITNESS WHEREOF, the parses have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA
COUNTY OF DAKOTA
STATE OF MINNESOTA
COUNTY OF DAKOTA
ss
SS
CITY OF ROSEMOUNT
BY:
William H Droste, Mayor
BY:
Amy Domeier, City Clerk
BY:
Its
BY:
Its
The foregoing instrument was acknowledged before me this day of
2006, by William H Droste, Mayor, and Amy Domeier, City Clerk, of the City of Rosemount, a Mmnesota
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
2006 by and
a on behalf of
the said
Drafted By:
Co'' of Rosemount
2875 145th Street West
Rosemount, MN 55068
Notary Pubhc
Glendalough 7th Addition
05/11/2006
Page 10 of 11
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined
m the Subdivision Agreement.
Grading Erosion Control A restoration and erosion control bond to ensure revegetation and erosion
control ($3,500 /acre) Note: The minimum bond amount is set at $25,000
Pond Restoration /Erosion Removal A secunty to allow for cleaning of sedimentation ponds prior to City
acceptance, and removing any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of adjoining lots (estimated Lump Sum).
Survey 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 for that cost is not required.
Retaining Walls An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting An amount equal to 110% of the cost to complete the minimum required hghtmg. If
additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate this
cost).
Buffer Monumentation —An amount equal to 110% of the cost to manufacture and install the necessary buffer
monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost).
Park Equipment An amount equal to 110% of the cost of improvements agreed upon to be completed m the
park areas.
Wetland Monitoring An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland speciahst will be hired by the City.
Wetland Restoration /Mitiantion An amount equal to 110% of the cost to develop new wetlands should the
mitigation not be effective ($20,000 per acre of mitigation)
Glendalough 7th Addition
05/11/2006
Page 11 of 11
No
Item
Cost
110%
Calculation
I
Grading and Erosion Control
S 25,000
27,500
Grading complete
2
Pond Restoration and Erosion Control Removal
25.000
27,500
Minimum $25,000
3
Survey Monumentatron
16,000
17 600
$500lhot 32 lots
4
Retaining Wall
5.839
Estimate
5
Landscaping
50 000
55,000
Per Planning
6
Street Lights
24.000
26.400
6 lights $4000 /light
7
Buller Monumentation
n/a
8
Park Equipment/Improvements
n/a
9
Wetland Restoration /Mitigation
n/a
10
Wetland Monitoring
n/a
Total
140,000
154,000
No
Item
Cost
Calculation
1
Engineering Fees
378,675
17% of the Construction Cost
2
Attorney Fees
2,500
Estimate
3
5% City Fees
S 111,375
5% of Construction Cost
4
Street Light Energy Cost
720
6 lights 24 months $S /month
5
Seal Coating
5.839
$0 75 /SY 7785 SY
6
Right -of -way acquisition
25,000
Estimate only to acquire road easement for street
connection to Dodd Boulevard if City requires.
Total
499,109
No
Item
Cost
Calculation
1
Park Dedication
S
Preyious]y paid with PGD
2
GIS Fees
1,760
$55 /unit 32 units
3
Storm Sewer Fronk Charge
Paid with Glendalough 6th Addition
5
Sanitary Sewer Trunk Area Charge
Paid with building permit
6
Watermam Trunk Area Charge
Paid with budding permit
Total
1,760
No
Item
Cost
110%
Calculation
1
Estimated Construction Cost
2,227,500
2,450,250
Based on actual construction cost
2
Less Initial Cash Deposit
(200 000)
Deposit (due before receipt of bids)
3
Less Estimated City Core Funds
(602,500)
Trunk Storm Sewer Improvements
Total
1,647,750
Letter of Credit for Developer Improvements (due before signed plat is released)
Letter of Credit for Public Infrastructure (due with signed agreement)
City Fees (due with signed agreement)
Development Fees due before signed plat is released)
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Glendalough 7th
EXHIBIT B (Page 1 of 2)
Block Lot SQ FT Acres
I
1
16 445 0
038
I
2
14.32] 0
033
1
3
11.023 7
0 25
1
4
11,7450
027
I
5
10,875 0
0 25
1
6
11,745 0
0.27
1
7
13,7750
032
2
1
14,764 1
0 34
2
2
11,2500
026
2
3
11.250 0
0 26
2
4
12,1500
028
2
5
12,415 7
0 29
2
6
14,864 1
0 34
2
7
15,076 7
0 35
2
8
16.071 6
0 37
2
9
13,948 8
0 32
2
10
16,3021
037
3
1
12,482 4
0.29
3
2
10,591 7
0 24
3
3
11,0949
025
3
4
14,685 3
0 34
3
5
19,538 1
0 45
3
6
18 862 6
0 43
3
7
11 503 3
0 26
3
8
12,617 7
0 29
4
1
17,1375
039
4
2
11,7444
027
4
3
12,683 9
0 29
4
4
14,570 6
0 33
4
5
15,206 2
0 35
4
6
13,437 8
0 31
4
7
13,280 1
0 30
Outlot A
989,144 2
22 71
Outlot B
299,218 8
6 87
Outlot C
44,217 0
102
Oudot D
343,424 9
7 88
ROW 1
231,763 4
5 32
ROW 2
8 653 6
0 20
Boundary Check
2.353,881 0
54 04
Pondmg to HWL
5 75
No. Lots
Block Total Lots
1 7
2 10
3 8
4 7
Total 32
Total Plat Area= 54.04 acres
Ponding to HWL= 5.75 acres
Outlots A, B D= 37.46 acres
Net Dev Area 10.83 acres
Park Dedication= 0.00 acres
C \Documents and Settings \ajd \Local Settings \Temporary Internet Fdes \OLKD8 \Subdivision Calcs xis
Glendalough 7th
EXHIBIT B (Page 2 of 2)
Development fees to be collected with future subdivision
NARY
rTV
PRELIMINARY
,415. 'KC
pen io• efiost 4..61.4E Altne■ yr w is•A ea
19.95te E 130919
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