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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 7 P PRELIMINARY I i —.4" 'LP o IF ^c o m Y 9 B[ F v 1 0 .4 --)2 O. 3 c_ n Y 9, /4i N51ol T6 4. y 1 4.1. 4 1 j pY/ 9` a4 I I 3 p1 Y` I I moo j J —I_ 1 4 p 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 Page 4 of 11 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 Page 5 of 11 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. Glendalough 7'h Addition 05/11/2006 Page 6 of 11 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 Page 7 of 11 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) C \Documents and Settings \ajd \Local Settings \Temporary Internet Files \OLKD8 \Subdivision Calcs ids 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. 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