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:
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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
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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