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HomeMy WebLinkAbout6.m. Receive Bids/Award Contract-Glendalough 7th Street & Utility Improvements, City Project #401AGENDA ITEM: Receive Bids /Award Contract Glendalough 7th Street Utility Improvements, City Project #401 (additional information) AGENDA SECTION: /ViGt) ?us741tS.S PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO. 6m ATTACHMENTS: Development Agreement, Map APPROVED BY: /yj/ RECOMMENDED ACTION: 1.) Motion to approve development agreement and authorize the necessary signatures. 2.) Motion to not approve development agreement. 4 ROSE_VlOLiNT City Council Meeting: June 6, 2006 CITY COUNCIL EXECUTIVE SUMMARY BACKGROUND This item presents to Council the bids for the public improvements for the Glendalough 7 Street Utility Improvements, City Project #401 In addition, there is the outstanding matter of the acquisition of an easement to extend 134 Street from Glendalough 7 to Dodd Road which was a condition of final plat approval. At this tune, the developer has not secured an easement for the construction of 134 Street from Glendalough 7t to Dodd Road In order to ensure that the extension of 134t Street can be extended to Dodd Road, the attached Development Agreement between U.S Homes and the City outlines a City role m ensuring that the easement can be secured with eminent domain if necessary and that all costs would be the responsibility of the developer. Should Council elect not to enter into this agreement, the contract for the Glendalough 7 Addition Street Utility Improvements, City Project #401 should not be awarded until such time that the necessary easement for the extension of 134 Street to Dodd Road has been secured. SUMMARY As noted above, should Council choose to enter into the attached Development Agreement, the first motion above would be appropriate and the original motion to receive the bids and award the contract for pubhc improvements. Should Council choose not to enter into the attached Development Agreement, the second motion above would be appropriate with no action at this time to receive bids and award the contract for public improvements. G \ENGPROJ\ 401 \CC6- 6 -06AddmonallnfoAgreement doc June 5, 2006 To: Rosemount City Staff From MN Land a division of Lennar Daniel Deuth, Land Development Manger This is to clarify that the $25,000 referenced in section 2.3 of the Development Agreement is the same $25,000 that is referenced in section 18.0 of Subdivision Agreement, Glendalough 7 Addition This was part of check number 415589 that was delivered with the signed Subdivision Agreement, Glendalough 7 Addition. 935 East Wayzata Boulevard, Wayzata, MN 55391 Phone 952.473.1231 Fax 952.473.7401 www.lennar.com Development Agreement This agreement is made as of the C day of Il q h t° 2006, between the City of Rosemount, a Minnesota municipal corporation ("City"), and US Home Corporation, Inc., a Delaware corporation "Developer Background 1.1. Developer owns property legally described on Attachment One, attached hereto and hereby made a part hereof (the "Property 1.2. As a condition of approval of the subdivision of the Property, Developer is required to secure and provide to the City right of way easement for public roadway and utility purposes over property legally descnbed on Attachment Two, attached hereto and hereby made a part hereof (the "Easement Area 1.3. Developer has been unable to secure an easement over the Easement Area and has requested the City to do so, using the power of eminent domain, if necessary. 1.4. The City is willing to attempt to acquire an easement over the Easement Area on the terms and conditions hereinafter set forth. Agreement 2.1. City will proceed to acquire an easement for public right of way and utility purposes over, under, and across the Easement Area "Easement through negotiation at a price and terms subject to approval by Developer, or through the exercise of its powers of eminent domain. City will attempt acquisition of this easement through the so- called "quick take" procedure under Minnesota Statutes, Ch. 117. City will use its best efforts to conclude acquisition of the Easement by the earliest date permitted in accordance with Minnesota Statutes, Section 117.042. 2.2. Developer must pay all expenses incurred by City in connection with or related to acquiring the Easement, including legal, survey, title, appraisal, relocation, process service, court costs and similar expenses. City will furnish Developer with a written itemized statement of all such expenditures on a monthly basis 291581v1 CLL RS220 -225 1 2.3 Upon execution of this Agreement, Developer must deposit with City cash in the amount of $25,000. City will use these funds solely for the purpose of reimbursing itself for the expenses referenced in paragraph 2.2 If the amount of the deposit is exhausted before completion of all activities associated with the Easement acquisition, then. a) Developer must pay the costs in each itemized statement sent under paragraph 2.2 within two weeks after the receipt of each statement. b) Not later than five days before any date on which City is required to deposit an amount into court in order to obtain title and possession to the Easement, Developer must deliver to City funds payable to City in the amount of the deposit. 2.4. Upon completion of all activities associated with acquiring the Easement, any amounts deposited with City under paragraphs 2.2 and 2 3 that remain within the City's control must be applied toward Developer's obligations under this Agreement. The balance of the remaining amounts must be returned to Developer upon determination by City in its reasonable discretion that the balance exceeds the amount reasonably expected to be necessary to satisfy Developer's obligations under paragraph 2.2. 2.5. If Developer fails or refuses to perform any of its obligations under this Agreement, City must notify them in writing, specifying the alleged default and giving it 15 days to cure the default. If Developer fails or refuses to cure the default within that time, City may, at its discretion, do any or all of the following: a) Enforce the provisions of this Agreement through any means allowed by law or in equity; b) Stop any construction occurring on the Property; c) Record a resolution in the chain of the title of the Property declaring the subdivision of the Property to be invalid; and d) Assess all unpaid costs against the Property to be paid with property taxes. 2.6. Developer, for itself and all future owners of the Property, agree as follows: a) The costs that may be assessed under paragraph 2.5 could be substantial, perhaps even exceeding $50,000; h) It waives all rights that it may have to notice and a hearing for the assessments under paragraph 2 5 and to contest or appeal the assessments in any way. With respect to those assessments, it agrees further that: 291581v1 CLL RS220 -225 1) Any requirements of Minn Stat Chapter 429 with which City does not comply are hereby waived; 2 2) The increase in fair market value of the Property resulting from the subdivision of the Property, which could not proceed without the Easement, will be at least equal to the amount assessed, and that the increase in fair market value is a special benefit to the Property; 3) Assessment of 100 percent of City's costs against the Subject Property is reasonable, fair and equitable, and there are no other properties against which such cost should be assessed, and 4) It understands and agrees that the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of City's city council, subject only to limitations imposed by law. c) It must pay all of City's costs in enforcing the terms of this Agreement under paragraph 2.5, including reasonable attorneys' fees. 2.7. This Agreement runs with the Property and is binding on, and inures to the benefit of the parties' heirs, successors, and assigns. This Agreement will terminate upon the final payment of all costs incurred by City pursuant to this Agreement, and City must then execute and deliver the documents, in recordable form, that are necessary to extinguish its rights under this Agreement. Date: CITY OF ROSEMOUNT Date: 0 G WOO 291581v1 CLL RS220 -225 3 By: William H. Droste, Mayor And by. Amy Domeier, City Clerk US HOME CORPORATION B eracki, ice President STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2006, by William H. Droste and Amy Domeier, the mayor and city clerk, respectively, of the City of Rosemount, on behalf of the corporation. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of J1it,Y -C 2006, by ohN T (kA the 41S\tYY1 \hCt,PY -2Slg i* of US Home Corporation, on behalf of the corporation. SARA if JENSEN NOTARY P BLIC- MINNESOTA My Cmmsswn Espes Jan 31, 2010 THIS INSTRUMENT DRAFTED BY: Kennedy Graven. Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 291581v1 CLL RS220 -225 4 Notary Public 4n,4 otary Pub 'c H V lq J N. a n °4 y N b C8 in M ;,Y I Q 60C 3 9L01e56 14 if N. kil u .q Ni w...rrn r.wrwnw.d mum��ua mcn¢va ewrxavnns� w.rr Tau IS."47.5.70S O u Q Q E ti Crl 3t L_ A L 1�9 N y y q w, na oe ecc mozi <zz. e.ozoass<roravae•ouroiyoory J A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR GLENDALOUGH 7th ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 401 WHEREAS, City Council hereby ratifies action of City Engineer to advertise for bids. BE IT FURTHER RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1 All bids on construction of Glendalough 7` Addition Street and Utility Improvements have been received and tabulated 2. The bid of A -1 Excavating, Inc.., m the amount of $1,819,043.10, for the construction of said improvements is in accordance with the plans and specifications and advertisement for bids and is the lowest responsible bid and shall be and hereby is accepted 3 The Mayor and Clerk are hereby authonzed and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Rosemount. 4. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of all successful bidder and the next two lowest bidders shall be retained until a contract has been executed. 5. Award of the bid is contingent on the determination by the City Administrator that all necessary rights -of- entry or easements by deed or dedication have been secured for construction of the improvements ADOPTED this 6 day of June, 2006. ATTEST: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006 William H. Droste, Mayor Amy Domeier, City Clerk Motion by: Seconded by: Voted in favor: Voted against PROJECT: LOCATION: Rosemount, MN WSB PROJECT NO.: 1556 -63 Contractor Evermoor's Glendalough 7th Addition Street and Utility Construction City of Rosemount Project No. 401 Bids Opened: Thursday, June 1, 2006 at 11:30 a.m. Denotes corrected figure BID TABULATION: Bid Security Add. No. 1 (5%) Rec'd. Engineer's Opinion of Cost $2,196,947.63 1 A -1 Excavating, Inc X X $1,819,043 10 2 Ryan Contracting Co X X $1,867,304 15 3 Northdale Construction Co., Inc X X $1,913,233 37 I hereby certify that this is a true and correct tabulation of the bids as received on June 1, 2006. Morgan Da E o e t Manager Grand Total Bid K 101555431AdminiConawction Admrn11555 -53 Bid Tab Summary