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HomeMy WebLinkAbout9.b. Agreements for Prestwick Place 3rdAGENDA ITEM: Agreements for Prestwick Place 3rd AGENDA SECTION: He\tV 'bug ness PREPARED BY: Andrew J. Brotzler, PE Director of Public Works City Engi e-r AGENDA NO. q b ATTACHMENTS: Subdivision Agreement; Petition and Waiver Agreement for Street 14 and the County Road 42 Turn Lane APPROVED BY: 0I2) RECOMMENDED ACTION: 1) Motion to Authorize the Execution of the Subdivision Agreement for Prestwick Place 3 City Project 436; and 2) Motion to Authorize the Execution of the Petition and Waiver Agreement for Street 14 and the County Road 42 Turn Lane. 4 ROSEMOUNT City Council Special Meeting: August 1, 2011 BACKGROUND SUMMARY CITY COUNCIL EXECUTIVE SUMMARY On June 21, 2011, City Council approved the final plat for Prestwick Place 3` conditioned upon the execution of a Subdivision Agreement with the developer, U.S. Home Corporation. Attached for Council consideration is a Subdivision Agreement for Prestwick Place 3` that includes a petition and waiver agreement for the assessment of public improvement costs and trunk area fees for the project. Also included in this item is the Petition and Waiver Agreement for Akron 42, LLC for their share of the costs of the construction of Street 14 and a right -turn lane on County Road 42. Street 14 and the right turn lane on County Road 42 will be constructed concurrently with the Prestwick Place 3` project. Staff is recommending the City Council authorize the execution of the following items: The Subdivision Agreement for Prestwick Place 3r which includes a Petition and Waiver Agreement for the construction costs of Prestwick Place 3 Streets 4, 8, 9, and 14, Akron Avenue, and Connemara Trail. The Petition and Waiver Agreement for Akron 42, LLC for their share of the costs of Street 14 and the right -turn lane on County Road 42. G: \ENGPROJ \436 \20110801 CC SubAgr PetitionWaiver.docx SUBDIVISION AGREEMENT Prestwick Place 3` Addition AGREEMENT dated this day of 2011, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City and U.S. HOME CORPORATION, a (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 Prestwick Place 3r Addition, which land is legally described 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 public and private improvements. c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the current fee schedule. d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. e. Payment of $111,590 for the Developer's share of Connemara Trail extension project, as indicated on EXHIBIT D of ATTACHMENT THREE. This amount is based on the construction estimates at the time of execution of this Agreement and may be subject to change. In the case of overpayment, the Developer will receive a refund. In the case of underpayment, the Developer will be required to pay additional amounts upon request by the City. Prestwick Place 3rd Addition June 2011 Page 1 of 10 f. Payment of $3,017 for the Developer's share of the construction of Akron Avenue, as indicated on EXHIBIT D of ATTACHMENT THREE. This amount is based on a $248.86 per acre assessment x 12.12 acres. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement 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 in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance 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 in 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 written terms shall control. The plans are: 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. Setting of lot and block monuments B. Surveying and staking of work required to be performed by the Developer C. Gas, electric, telephone, and cable lines D. Site grading E. Landscaping Prestwick Place 3' Addition June /2011 Page 2 of 10 F. Streetlights 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 December 31, 2012. 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 436), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways ATTACHMENT TWO shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will not enter into such contracts until all conditions of plat and subdivision approval have been met, the plat is recorded, and the City has received the bonds and 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. 9. Assessment for Costs of Public Infrastructure Improvements. Developer petitions the City for construction of the Public Infrastructure Improvements listed in paragraph 8, the construction of Streets 4, 8, 9 and 14 as shown on ATTACHMENT TWO, Connemara Trail and Akron Avenue, and the assessment of Developer's share of the cost thereof, together with Storm Sewer Trunk Charge, Sanitary Sewer Trunk Charge and Watermain Trunk Charge against the Subject Property in accordance with the Petition and Waiver Agreement attached hereto as ATTACHMENT THREE, which is hereby made a part hereof. Payment of special assessments when due as levied and as specified in ATTACHMENT THREE is a personal obligation of Developer, and upon failure of Developer or its successors in interest to pay such assessments when due, the City may exercise any remedy specified herein or otherwise allowed in law or equity, including but not limited to, refusal to issue building permits and certificates of occupancy for any lot or lots for which the full amount of principal and accrued interest of assessments levied pursuant to ATTACHMENT THREE are not fully paid. Upon execution of this Agreement, the Developer will provide the letter of credit described in ATTACHMENT THREE. Prestwick Place 3' Addition June 2011 Page 3 of 10 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 in Paragraph 6), the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank "security in the amount of Two Hundred Thirty -Four Thousand, Six Hundred Ninety -Six Dollars ($234,696), which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: 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 installed 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 in 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 activities. No substantial grading activities 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. Prestwick Place 3rd Addition June 2011 Page 4 of 10 Cost 110% Grading Erosion Control $119,210 $131,131 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $13,500 $14,850 Landscaping $27,000 $29,700 Street Lighting (7 lights) $28,000 $30,800 Buffer Monumentation $650 $715 Total $213,360 $234,696 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 in Paragraph 6), the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank "security in the amount of Two Hundred Thirty -Four Thousand, Six Hundred Ninety -Six Dollars ($234,696), which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: 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 installed 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 in 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 activities. No substantial grading activities 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. Prestwick Place 3rd Addition June 2011 Page 4 of 10 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 backfilling 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. 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 opening will be allowed on each lot for construction deliveries. The parties recognize 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 in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations 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 in accordance with Landscape Plans approved by the City Planner. 15. Clean up. The Developer shall clean streets of dirt and debris that has resulted 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 debris from the streets. After 24 hours verbal notice 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 in Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion /siltation and restore to the original 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 EXITIBIT A. Prestwick Place 3 Addition June 2011 Page 5 of 10 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public 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 period 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 quality and disease free for twelve (12) months after planting. 18. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs 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 inspection 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. 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 in the preparation and enforcement of this Agreement, including engineering and attorney's fees. The estimated City fees of $315,000 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: $10,000 Engineering Review Fees $220,000 Engineering Design and Construction Admin Fees $5,000 Attorney Fees $55,000 5% City Fees $2,016 Street Light Energy Cost $22,984 Seal Coating $315,000 If the actual 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 in full all bills submitted to it by the City for obligations 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 limited to, the issuance of building permits for lots which the Developer may or may not Prestwick Place 3 Addition June 2011 Page 6 of 10 have sold, until 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 $12 /month /light. After that, the City will assume the energy costs. F. The Developer will pay the cost of sealcoating the streets within the development at a cost of $1.70 /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 (2.96 acres dedicated with plat). B. Geographic Information System (GIS) fees in the amount of $1,620. Or other amounts for such fees as in effect at the time of plat approval. 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 the date of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,230). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family currently at $770; multi family currently at $290 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 $2,175 /SAC unit for single family residential and multi- family residential). 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 in place and approved by the City. E. All building permit fees are paid in full. F. No early building permits will be issued. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in the construction of public improvements caused by the Prestwick Place 3 Addition June /2011 Page 7 of 10 Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Engineer. 22. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City's Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 23. 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 in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 24. 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 compliance. 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 invalid, 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 public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Prestwick Place 3 Addition June /2011 Page 8 of 10 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 in writing, signed by the parties and approved by written 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 Agreement, 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 in 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. 25. 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 Corporation 16305 36`'' Avenue North, Suite 600 Plymouth, MN 55446 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 145t Street West Rosemount, Minnesota 55068 Prestwick Place 3 Addition June 2011 Page 9 of 10 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. STATE OF MINNESOTA SS COUNTY OF DAKOTA STATE OF MINNESOTA COUNTY OF DAKOTA Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 ss CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: BY: Its Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2011, by William H. Droste, Mayor, and Amy Domeier, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public U.S. HOME CORPORATION BY: Its The foregoing instrument was acknowledged before me this day of 2011 by its and its of U.S. Home Corporation, a on behalf of said corporation. Notary Public Prestwick Place 3 Addition June 2011 Page 10 of 10 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading Erosion Control A restoration and erosion control bond to ensure re- vegetation and erosion control ($3,500 /acre). Note: The minimum bond amount is set at $25,000. Pond Restoration /Erosion Control Removal A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber 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 lighting. 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 in 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 specialist will be hired by the City. Wetland Restoration /Mitigation An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). No. Item Cost 110% Calculation 1 Grading and Erosion Control 119,210 131,131 $3500 /acre x 34.06 acres* 2 Pond Restoration and Erosion Control Removal 25,000 27,500 Minimum $25,000 3 Survey Monumentation 13,500 14,850 $500 /lot x 27 lots 4 Retaining Wall Estimate 5 Landscaping 27,000 29,700 Per City Planner 6 Street Lights 28,000 30,800 7 lights x $4000 /light 7 Buffer Monumentation 650 715 13 signs x $50 /sign 8 Park Equipment/Improvements n/a 9 Wetland Restoration/Mitigation n/a 10 Wetland Monitoring n/a Total 213,360 234,696 No. Item Cost Calculation 1 Engineering Review Fees 10,000 City Engineer Estimation 2 Engineering Design and Construction Admin Fees 220,000 20% of Estimated Construction Cost 3 Attorney Fees 5,000 Estimate 4 5% City Fees 55,000 5% of Estimated Construction Cost 5 Street Light Energy Cost 2,016 7 lights x 24 months x $12 /month 6 Seal Coating 22,984 $1.70 /SY x 13,520 SY Total 315,000 No. Item Cost Calculation 1 Park Dedication 2.96 acres dedicated with plat 2 GIS Fees 1,620 $60 /unit x 27 units, or $120 /acre 3 Stormwater Ponding Fee n/a Total 1,620 Letter of Credit for Developer Improvements due before signed plat is released *Total plat area (46.53) Outlot A (14.54) Street 14 ROW (2.07) 34.06 City Fees due with signed agreement) Develoament Fees due before signed plat is released Prestwick Place 3rd EXHIBIT B (Page 1 of 2) *Streets A, B, 14 and width of 450 ft of Connemara Block Lot Units SQ FT Acres 1 1 1 9,332.7 0.21 1 2 1 9,463.3 0.22 1 3 1 10,368.3 0.24 1 4 1 9,677.1 0.22 1 5 1 10,281.2 0.24 1 6 1 9,259.3 0.21 1 7 1 9,695.7 0.22 1 8 1 17,504.0 0.40 2 1 1 12,510.5 0.29 2 2 1 9,729.8 0.22 2 3 1 9,729.8 0.22 2 4 I 12,895.4 0.30 2 5 1 13,134.3 0.30 2 6 1 13,659.7 0.31 2 7 1 10,861.5 0.25 2 8 I 9,555.4 0.22 2 9 1 15,996.6 0.37 2 10 1 30,475.4 0.70 2 11 1 29,674.1 0.68 2 12 1 19,446.8 0.45 2 13 1 9,862.1 0.23 2 14 1 13,428.0 0.31 2 15 1 12,057.5 0.28 2 16 1 9,006.7 0.21 2 17 1 8,993.1 0.21 2 18 1 9,684.9 0.22 2 19 1 17,739.9 0.41 ROW STREET A 36,585.0 0.84 ROW STREET B 37,009.0 0.85 CONNEAMARA TRL 581.0 0.01 OUTLOT A 633,372.7 14.54 OUTLOT B 252,576.6 5.80 OUTLOT C 8,613.7 0.20 OUTLOT D 704,165.2 16.17 Boundary Check 46.53 3' otals Block Lots Units 1 8 8 2 19 19 0 0 0 0 0 0 0 0 Total 27 27 Total Plat Area 46.53 acres Park Dedication 2.96 acres Dedicated ROW 1.69 acres* Future Plat Area 30.90 acres Ponding to HWL 2.02 acres Streets A and B OUTLOTS A, C D Prestwick Place 3rd EXHIBIT B (Page 2 of 2) O m O a 1 3 E NR fi .S. 11' m ATTACHMENT THREE PETITION AND WAIVER AGREEMENT This Agreement made this day of 2011, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation (`City"), and U.S. HOME CORPORATION, a (`Owner WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property") located in the City, the legal description of which is set forth on EXHIBIT A, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property generally described as Prestwick Place 3` and as more specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the "Improvement Project and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy $1,092,776 of the cost of the Improvement Project, and $191,614 in public utility trunk area fees against the Subject Property, as outlined in EXHIBIT D, attached hereto and hereby made a part hereof; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to fmance the costs of the Improvement Project and to pay trunk area fees; and 1 G:\ENGPROJ\436\Petition and waiver 436.docx WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project or levy such assessments without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on EXHIBIT C. 3. The Owner requests that $1,092,776 of the cost of the Improvement Project be assessed against the Subject Property. The Owner further requests that trunk area fees for sanitary and storm sewer and water in the amount of $191,614 be assessed against the Subject Property. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project and trunk area fees pursuant to Minn. Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property for the Improvement Project and for trunk area fees without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is a special benefit to the Subject Property; and 2 G:\ENGPROJ\436\Petition and waiver 436.docx c. Assessment of amount specified in paragraph 3 against the Subject Property is reasonable, fair and equitable. 6. Special assessments for the Improvement Project and for trunk area fees will be levied on a per lot basis against all lots in the plat, payable over five (5) years and bearing interest at a rate of two points over the bond rate if bonds are issued by the City for the Improvement Project, or two points over a current bond rate as determined by the City's financial consultant. To secure payments of the special assessments, the Owner will provide to the City a letter of credit in the amount of Seven Hundred Seventy Thousand, Six Hundred Thirty-Four Dollars ($770,634), which is 60% of the total assessment amount. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. Such letter of credit shall be maintained in effect until all assessments are paid in full. As assessments are paid, the letter of credit may be reduced or replaced by substitute letters of credit, not more often than once every twelve months, to an amount that is not less than the amount of the unpaid assessments. In the event special assessments are not paid when due, the City may draw on the letter to pay such special assessments. Special assessments against each lot must be paid in full prior to issuance of a building permit for that lot. 7. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Dakota County, Minnesota; and the parties agree to make any changes to this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project and trunk area fees, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. 3 G:\ENGPROJ\436 \Petition and waiver 436.docx above. IN WITNESS WHEREOF, the parties have set their hands the day and year first written STATE OF MINNESOTA COUNTY OF DAKOTA 4 CITY OF ROSEMOUNT By: William Droste, Mayor And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public G:\ENGPROJ\436\Petition and waiver 436.docx STATE OF MINNESOTA ss. COUNTY OF 5 OWNER By: Its: And by: Its: The foregoing instrument was acknowledged before me this day of 2011, by and the and respectively, of a on behalf of the Notary Public G:\ENGPROJ\436\Petition and waiver 436.docx Q; 9 it d r R! i! %11, i Rte i aea z tgi •2•001 Z9'Lf6 3.6t .9Za00N L NV ;..f IC C" m W 0 m W 0 g a A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways EXHIBIT B Description of the Improvements The following improvements, known as City Project 436, shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property by a Contractor selected by the City through the public bidding process: Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. G: \ENGPROI \436 \Petition and waiver 436.docx EXHIBIT C Liens, Interests or Encumbrances G:\ENGPROJW36\Petition and waiver 436.docx Item Cost Calculation Estimated Construction Cost for Prestwick Place 3 $704,000 $640,000 10% Street 4 Assessment $21,509 Street 8 Assessment $86,398 Street 9 Assessment $42,950 Street 14 Assessment $123,312 Connemara Trail Assessment (west of Akron) $27,540 Connemara Trail Assessment (east of Akron) $84,050 Akron Avenue Assessment $3,017 Total Project Costs and Assessments $1,092,776 Storm Sewer Trunk Charge $83,822 $6865 /net developable acre x 12.21 acres Sanitary Sewer Trunk Charge $15,297 $1075 /acre x 14.23 acres Watermain Trunk Charge $92,495 $6500 /acre x 14.23 acres Total Trunk Charges $191,614 EXHIBIT D 27 lots (8.13) Oulot B (5.81) Park (2.96) Ponding to HWL (2.02) Street A (0.84) Street B (0.85) 1/2 of Street 14 (1.035) 1/2 of Connemara Trail (0.52) G:\ENGPROJ\436\Petition and waiver 436.docx ill N N N N M Developable Platted Area Prestwick Place Plat Tract 4A Outlot M 19.75 Total Tract 4A 19.75 Tract 4B Outlot N 7.91 Total Tract 4B 7.91 Tract 5 Outlot L 15.07 Total Tract 5 15.07 Tract 6 Outlot J 28.57 Outlot O 0.95 Total Tract 6 29.52 Tract 7A Outlot C 8.02 Outlot D 8.20 Total Tract 7A 16.22 Prestwick Place 2nd Addition Tract 7B Prestwick Place 2nd Addition: Lots 10.07 Prestwick Place 2nd Addition: Street A C 1.41 Prestwick Place 2nd Addition: Street B 0.60 Prestwick Place 2nd Addition: Outlot A 0.23 Connemara Trail (0.44 acres) 0.00 Akron Avenue (1.03 acres) 0.00 Prestwick Place 2nd Addition Subtotal 12.31 Outlot B 32.45 Outlot C 0.25 (Outlot D: Future City Well) 72.62 Outlot D: Future City Well (0.25 acres) 0.00 Total Tract 7B 117.38 Prestwick Place 3rd Addition Tract 1 Outlot A 14.54 Outlot C 0.20 Total Tract 1 14.74 Tract 2 Prestwick Place 3rd Addition: Lots 8.13 Prestwick Place 3rd Addition Street A 0.84 Prestwick Place 3rd Addition Street B 0.85 Prestwick Place 3rd Addition: Outlot B (5.80) Park (3.51) 2.29 Prestwick Place 3rd Addition: Connemara Trail 0.01 1/2 Street 14 (Prestwick Place Outlot H) (1.04 acres) 0.00 Prestwick Place 3rd Addition Subtotal 12.12 Outlot D 16.17 Total Tract 2 28.29 Tract 3 Prestwick Place Outlot I 19.18 1/2 Street 14 (Prestwick Place Outlot H) (1.04 acres) 0.00 Total Tract 3 19.18 Exhibit D This Agreement made this PETITION AND WAIVER AGREEMENT day of 2011, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation "City and AKRON 42 LLC, a "Owner"). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property") located in the City, the legal description of which is Outlot I of Prestwick Place as shown on Exhibit A, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property generally described as the improvement of Street 14 and the County Road 42 turn lane improvements, and as more specifically described in Exhibit B, attached hereto and hereby made a part hereof (hereinafter referred to as the "Improvement Project and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to fmance the Improvement Project, and to levy $470,292 of the cost of the Improvement Project against the Subject Property as outlined in Exhibit D, attached hereto and hereby made a part hereof; and 1 G:\ENGPROJ4436\Petition and waiver Street 14.docx WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance the costs of the Improvement Project; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit C. 3. The Owner requests that $470,292 of the cost of the Improvement Project be assessed against the Subject Property. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefor without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: 2 G:\ENGPRO.J\436\Petition and waiver Street 14.docx a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is a special benefit to the Subject Property; and c. Assessment of amount specified in paragraph 3 against the Subject Property is reasonable, fair and equitable. 6. Special assessments for the Improvement Project will be levied to the Subject Property, payable over five (5) years and bearing interest at a rate of two points over the bond rate if bonds are issued by the City for the Improvement Project, or two points over a current bond rate as determined by the City's financial consultant. To secure payments of the special assessments, the Owner will provide to the City a letter of credit in the amount of Two Hundred Eighty-Two Thousand, One Hundred Seventy-Five Dollars ($282,175), which is 60% of the total assessment amount. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. Such letter of credit shall be maintained in effect until all assessments are paid in full. As assessments are paid, the letter of credit may be reduced or replaced by substitute letters of credit, not more often than once every twelve months, to an amount that is not less than the amount of the unpaid assessments. In the event special assessments are not paid when due, the City may draw on the letter to pay such special assessments. Special assessments against each lot must be paid in full prior to issuance of a building permit for that lot. 7. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Dakota County, Minnesota; and the parties agree to make any changes to this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. 3 G:\ENGPROJ\436\Petition and waiver Street I4.docx above. IN WITNESS WHEREOF, the parties have set their hands the day and year first written STATE OF MINNESOTA ss. COUNTY OF DAKOTA 4 CITY OF ROSEMOUNT By: Notary Public William Droste, Mayor And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. G:\ENGPROJ\436\Petition and waiver Street 14.docx STATE OF MINNESOTA COUNTY OF 5 OWNER By: Its: And by: Its: The foregoing instrument was acknowledged before me this day of 2011, by and the and respectively, of a on behalf of the Notary Public G:\ENGPROJ\436\Petition and waiver Street 14.docx G NUMBER DRAWING NUMBER DRAWING NUMBER CO DRAWINi 13 NUMBER DRAINING NUMBER z 1 1 |i 11 H p NUMBER p &9 X w S DRAWING NUMBER ft V191 3 Ay90oOON alV3.1 V MOW R P CL Yw 4191 AI,91.SOa99N NOLLICCV ci4 11 4 Pte 36'" j 4 11 lc ,,,,t :II: LYLtf (..r03 riLLo iLi. a; 4;4 c.:4-: bbe s- OVOH Arm co m 9 .7' b ib S'at Lf'Llf (YaN)39fLLo90Rl e r„ nwms t`A zi;� n 1 1 Ty a1 3 i DRAWING NUMBER 0721_,''100 7E7 r A 1 km, 1 M S I a wx 3 a 9919L3 i€ f; 2, DRAWIN 394 9L p99N 77 X U.J G NUMBER 4s DRAWING NUMBER L <.1‘ ■-•C' S' *,Zs L 2 ••■0 WO/ 3.gt1ZoOON Yor •tl• •40 S 7.7 r•••• /0 1•••• ••$j R. 3•111 /MYR .11 i.s 91.f132 3.8"..40om S i a 1.1 a P4k-ti Dt- )4 I 55 ---S959re DRAWING NUMBER 07 574 1 (311681V NOWAY) ON GYM 4,11W7a, r isTa. ts C IC 0 7E .A1.4t1 e. .4 4. "Me 3.6U:000N P.= 11 a -4 A raf 0090* 3.6C.9400N DRAWIN an 9 1 2 The following improvements, known as Street 14 and County Road 42 turn lane (part of City Project 436), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways EXHIBIT B Description of the Improvements Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. G:\ENGPROJ\436\Petition and waiver Street 14.docx EXHIBIT C Liens, Interests or Encumbrances G: \ENGPROJ\436\Petition and waiver Street 14.docx Prestwick Place Cost Sharing Total Assessment Z' SS 9££`L06$ Z8t 86$ $664,586 $525,802 $571,744 4L9`886$ Too1 8Ze9IS`t$ 1 ZSt'„68'9S Street 17 0$ 0$ 0$ N ig 00 0$ 0$ 0 1 098'SIfS Street 16 0$ 0$ 0$ Street 8 O 0$ 0$ 0$ 0$ 01leZt6s 41 taailS 0$ 68L`L8Z$ 11 f'4f E$ a w 69 69 0 0$ 0$ (10 6 laa'JS SOCK IS 6£Z`001$ 0$ 186`8818 ZS6`68Z$ $425,933 S 0$ 0$ 1 £t6t£ZS g pasts Z6C£61$ 8E9`IOZ$ 0$ 69 O 64 69 0$ 0$ 0$ (t£(PS6£S Street 4 861`05$ 86l`OSS 0$ 69 64 61 0$ H 0$ 1 96f'00IS (maca Trail East of Akron Avenue S£0'LO1$ LS 1961$ H 69 tel z4— L8I'86S$ 0$ _9Z'_o l' Z68t-(,I) eut'_65 ('unman:Ira •1jail West of Akron I Avenue ZLO'SE$ SLZ`49S ZIO`60Z$ O f 0$ 1ES'SOZ$ S1484,049 ssaaay Z4 ND 0$ 0$ ££6`SZ4$ 49 69 69 0L4' ILLS W Akron Avenue Z48`£$ I40`L$ 9Z0`61$ 0. L10`61$ 9ZS`f,$ 8L9'ZES 1 IS,96S 1ea4V Pauald apptdoRtad) bC41 6Z8Z 8161 LO'S I 16L S 61 ZS 6Z ZZ 91 8ti L II 90'119Z Acre (Exhibit D) 895 trCLZ 81 ZZ91 tit LII SS• 61 I (,C imisnad) any 85451 6Z£ 8Z 94 OZ ci vi £196Z LIZ•91 960 L 1 1 (Y69Z aaUM° PEMTOM LAND COMPANY FIRST CITIZENS NATIONAL BANK US HOME CORPORATION AKRON 42 LLC DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY 1 PEMTOM LAND COMPANY FIRST 'CITIZENS NATIONAL BANK US HOME CORPORATION AKRON 42 LLC ARCON DEVELOPMENT INC. ARCON DEVELOPMENT INC I 'IN .LO.L F N S VL 8L Tract 3: AKRON 42 LLC PETITION AND WAVER Total Assessment 688'11$ Z6Z `OL 4$ O66`L 1 S$ 1 Z8Z'886$ Street 17 0$ 0$ 0$ 1 o$ Street 16 0$ 0 0$ tl "JIS O$ 1f'4E£$ 0$ 1 IC4££$ Street 9 08 0 1 0$ Street 8 O 0$ 0 1 0$ Street 4 O$ 08 0 0$ Connemara Trail East of Akron Avenue 1)$ 0$ 0$ O S Connemara Trail West of Akron Avenue L68'01$ 0$ Z l0'60Z$ CR 42 Access 186`8818 ZS6`68Z$ $425,933 Akron Avenue ZOOS 0$ 9Z0`61$ 1 9Z0'6I8 Acre" (Developable Platted Areal 00'0 8161 1 8161 ((1 1 !9! 1 1 31 aa]t: I I (fit P91s a..w I 1 00 I ract Development COST PER ACRE PRESTWICK PLACE 3RD ADDITION .LV"Id Taft -Lai LIJ G NUMBER x w R (3' adt F e. DRAWING NUMBER *C9191 31p G0e00N =e u LIU Ir ,w CZ ON DRAWING NUMBER C GnQ I Pte- 3 t (C'4 P MF) a 3JSYf Za0ON 1 JItF Y`wl"` Ir r 1 n i {;E a! i„ a i 1 i sc a>j sF� p a it I ;I to .6 DRAWIN x nM� wW fvYK 3.649400N I w i H19 oL 9„072 G NUMBER 1 DRAWING NUMBER •110 'MU ,1r144 L chtkpril CLOVA-VW/ zoo 3.tede0ON 'T./ eel SW el 2 .5 de. LC* roOONi e ani1413„tr, PIAA/4 4/eeemel 'Imeee r me. OL Yeal 3olteee0ON L I 00 VI k r 02 PI—CA-4 Oki- 14 Mt- 1 4'654 leoeeetne anISIV NOkefe c 12N OVOI ALAMO I --e DRAWING NUMBER 5 I L'73007P. 4. •C 49 001 ASCflee0ON e eo I I I I DRAWIN The following improvements, known as Connemara Trail Improvements (City Project 431, and the future construction of Connemara Trail east of Akron Avenue), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways EXHIBIT B Description of the Improvements Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. G:\ENGPROJ\431 \petition and waiver PemtomBank Tracts 1 &4B.docx EXHIBIT C Liens, Interests or Encumbrances G:\ENGPROJ\431 \petition and waiver PemtomBank Tracts 1 &4B.docx Prestwick Place Cost Sharing Total Assessment bt 9££'L06$ I Z8Z`886$ I 9S5`499$ I Z08'SZS$ I 46L' l LS$ I 4L9`886$ 91 Ia. $1,516,728 1 ZSt'_65'95 L I Iaarl$ OS 0$ 0$ ZZ8 'LOZ$ 0$ 8£0'80Z$ 0$ 0$ OS 1198'S 1 tS Street 16 0$ O$ 0$ 01 £`OLZS 660'1 S4$ tot ZS 0$ 0$ 0$ 1 018'Zt6S Street 14 0$ 68L`L8Z$ $334,311 OS OS OS OS 0$ 0 0o1'ZZ9$ 6 Iaa'IS SOL`4£1$ 6£Z`00I$ 0$ 0$ 1 0$ I 0$ 0$ o$ 1 1 £t6•tfZ$ S laallS Z6£`£61$ 8E9'IOZ$ 1 0 0$ O$ I o$ OS o$ I o£0'S6E$ 1 Street 4 86l'OS$ 86I'O5$ o$ OS o$ OS 0$ O$ 96£'001$ 1 Connemara Trail East of Akron Avenue S£0'LOl$ L51 0$ 04L'9£IS SSL`45$ Z9£'401$ L81 86SS 0$ OS L9Z'L61'IS 1 Connemara Trail West of Akron Avenue ZLO`SES SLZ'69$ ZIO'60Z$ $44,806 156'L I S 96l`bE$ OS I£5`SOZ$ $1,484,049 L Z68'660`ZS CR 42 Access OS OS ££6`SZ4$ OS 0$ O$ OLVILES O$ O$ £Ob'L6L$ 1 Akron Avenue Z 1:8‘ E 140'LS 9Z0'6l$ 806`4$ L96'18 $3,746 L 10 9Z5'tS 8/.9`;E$ 1 1SL'96$ Acre (Developable Platted Areal 4L' b l 6Z 8Z 81 61 SL61 16L L0'S1 ZS'6Z ZZ91 BEZII (a i q!gs3) 023% 8951 4E LZ r 8161 iiii ZZ9I EIZII ESSE (d111Igisua1) arty 8St S1 6ZE8Z 941 OZ 8bL'61 ZI6L ZL0'S 1 £1S 6Z L l Z•91 960 L1 1 MEM num° ARCON PEMTOM, LLC US HOME CORPORATION AKRON 42 LLC DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY i ARCON PEMTOM, LLC US HOME CORPORATION AKRON 42 LLC RCON DEVELOPMENT INC. ARCON DEVELOPMENT INC I'I\'.LO.L 1 N V4 VL 8L Iuamssassy II1o1. ZZ6 1$ 490`651$ SZL'918 1$ 499'LSC18 L I Ia 0$ 0$ 1 o$ 0$ J 91 Ia. OS 0$ I 11$ 0$ I Iaa. li 0$ 0$ 1 oS o$ 6 laa.US 0$ 5. us u$ Tract 7B: ARCON DEVELOPMENT INC. 8 la w O$ i 5 1 uS 0$ I- t,a,IS 0 0$ nS 0$ Connemara Trail East of Akron Avenue 0$ 0$ OS 0$ Connemara Trail West of .Akron Avenue £49'71$ L£9'SSI$ etu'tst'1S Z14`8Z£l$ ssa,aV Zt IL) 0$ 0$ anuaA\ uu„I\- LZ4'E$ I 8L9'Z£S [SZ`6Z$ PalI'Id aPlndolanad) „a�ay lEZ1 Rf Lll LO S01 c 'Pg *3) iay 1 1 I LlgigiseaJ aJaV 1 I I inatudolanau COST PER ACRE PRESTWICK PLACE 2ND ADDITION 17Y. .LV'ld 1VNIH HN[1L11d 8L 8L Page 1 This Agreement made this PETITION AND WAIVER AGREEMENT day of 2011, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation "City and AKRON 42 LLC, a "Owner WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property") located in the City, the legal description of which is Outlots I and J of Prestwick Place as shown on EXHIBIT A, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property generally described as the improvement of Connemara Trail, and as more specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the "Improvement Project and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy $807,199 of the cost of the Improvement Project against the Subject Property as outlined in EXHIBIT D, attached hereto and hereby made a part hereof; and G:\ENGPROJ\431 \petition and waiver Akmn42LLC Tracts 3 &6.docx Page 2 WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to fmance the costs of the Improvement Project; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached EXHIBIT C. 3. The Owner requests that $807,199 of the cost of the Improvement Project be assessed against the Subject Property. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to fmance the Improvement Project pursuant to Minn. Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefor without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx Page 3 a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is a special benefit to the Subject Property; and c. Assessment of amount specified in paragraph 3 against the Subject Property is reasonable, fair and equitable. 6. The City will defer the payment of the special assessment for the Improvement Project, without interest, until the earliest to occur of the following: i) ten years from the date of the award of a contract for the Improvement Project (if the Improvement Project is constructed in phases, the deferment of assessments attributable to each phase will be terminated ten years after the award of a contract for that phase), or ii) the Subject Property is subdivided as defined below, or iii) the Subject Property is improved as defined below: a. The Subject Property will be deemed to be subdivided upon final approval by the City Council of a subdivision or division of land that creates buildable lots or parcels of land. Subdivision into outlots that are not buildable will not be deemed to be a subdivision. b. The Subject Property will be deemed to be improved if the owner of the Subject Property or the owner's authorized representative applies for and is granted a permit for the construction of any residential, commercial, agricultural, industrial or other building or structure that requires a building permit. c. Following the termination of the deferment of the special assessment, the special assessments may be paid without interest until the earlier of 1) 90 days after termination of the deferment; or 2) the issuance of a certificate of occupancy for an improvement or release of a final plat for a subdivision. If the special assessment is not paid by such date, interest on the assessment will accrue at the rate of five percent per year from the termination of the deferral until December 31' of the year in which the assessment is paid. The assessment will be due and payable with ad valorem real estate taxes in the year following the first November 30 occurring after the termination of the deferral of the assessment. d. If the Subject Property is subdivided, the Owner and the City may agree to the levy of special assessments for the Improvement Project in lieu of payment in accordance with paragraph c. above, in a subdivision agreement for such subdivision, payable on terms that are mutually agreed upon. 7. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx Page 4 will take no action to secure such tax status for the Subject Property during the term of this Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Dakota County, Minnesota; and the parties agree to make any changes to this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. above. IN WITNESS WHEREOF, the parties have set their hands the day and year first written STATE OF MINNESOTA COUNTY OF DAKOTA ss. CITY OF ROSEMOUNT By: Notary Public William Droste, Mayor And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx Page 5 STATE OF MINNESOTA COUNTY OF ss. OWNER By: Its: And by: Its: The foregoing instrument was acknowledged before me this day of 2011, by and the and respectively, of a on behalf of the Notary Public G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx G NUMBER DRAWING NUMBER 1 1 1 1 I� El U 1 1 1 DRAWING NUMBER WOO MEW AIR 10.M, !2 1! !f 6 DRAWN MISLCIO G NUMBER t X w maw Acrim9 1 11 41 Co) 'w r C� w-Ni .w n .wTe✓ \yF.5 Q. i i 1 A p dE =g s o 11 E y 1 1 3 31 3 1 Ys dS o 1 SI I E^ o DRAWING NUMBER V191 _„392so,00N aTiSI `s 1 �tiFH Gn.2 pc 3 IOW* AIJ O.00N a 4110! sriaum. OVOd a A/N900 Wrr-, `33 1 I 1 a/ •.f N. Ys .w 1 DRAWING NUMBER ra..,. 5 ro zeIrt m t. 1 r 3j AS7'' 8 e A GRAWIN 3.6WoOON o e G NUMBER !a 114 2it 1 ,3100 .111 2 a CRAWIAIG NUMBER el0011.4.00 PCNI•NE rANNEB3re. 11; Sil ‘ss s t V A1.61.1°° &Zit 11 es •11 t 3.9•1400N 117<rZt tit avi NI \poto. 1O t *rt.) 3 3.alkoNroXN •••••.19VOLZ DRAWING NUMBER DRAWW SOCO•KOLTS 2.7J 0000 1.00 43.1. 00•000 R-44, 4 p u 61 Li r 01 e.A..414..■■■•—, t (37N3Ate NOWtO CI 1 N GYM AINI100 r 3.64eIsOON 1i 0 0,005 T a to02 10,4, 10 S S S a a, .5 2 0 0 2 1 fel .2 gu z EXHIBIT B Description of the Improvements The following improvements, known as Connemara Trail Improvements (City Project 431, and the future construction of Connemara Trail east of Akron Avenue), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx EXHIBIT C Liens, Interests and Encumbrances G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx Prestwick Place Cost Sharing 'total Assessment $524,244 I 9££`LO6S $725,229 I 985`699$ I ZOS`SZSS I 46L` I LS$ I 4L9`886$ 9S0`01Z$ 8ZL`9l5`I$ L I laaa lS 0 OS r OS Z Z8`LOZ$ 0$ 8£0`802$ OS O S 0$ Street 16 OS OS 0 01£`OLZ$ 660`154$ 1 104 OS 0 L 018Z16S 0$ 1'1 IaaJIS 0$ 68L`L8Z$ I I £`bf f 0$ 0$ 0$ OS 0$ I 001 ZZ9$ 0$ 6 Pa.( IS $134,705 6£Z`001$ 0$ 0$ Of 0$ 0$ 0$ IMEEM 0$ 8 masts Z6CE6I$ [89'l0z$ 0$ 0$ 0$ S 05 0$ O£0 0$ Street 4 861'05$ 861`05$ 0$ 0$ 0$ OS OS 05 96£'001 0$ Connemara Trail East of Akron Avenue Sf(FLOl$ L51`961$ 0$ 04L`9E 1 5 S8L`4S$ 1:9E1 L81`865$ 0$ 0$ Connemara Trail West of Akron Avenue ZLO`S SLZ`I9S 210`602$ 908`66$ 156`Ll$ 9611 OS I ES`SOZ$ Z681660`ZS 61'0 l$ ssa33V Z6 NJ 0$ OS 088`Z91$ 0$ 0$ 0$ OL6`lL£$ 0$ OS anuanv uo.o% 248`E$ 140'L$ 9Z0`61$ 80 L96'I$ 96L`£$ LIO`61$ 925`4$ 8L9`Z£S Acre (Developable Platted Areal I'CbI 6T8Z 8161 SC61 161 LDSI ZS6Z ZZ91 90'897 8£2 ((1 !!9!4x3) any. 89'51 Y£LZ 8161 1 1 1 1 ZZ91 55561 El LI1 01Wq!suad) aa3V 85651 6Z£8Z 9171 86[61 Z16L ZLO'51 EIS'6Z L 1Z9 1 61 69Z 960 L aausO I'EMTOM LAND COMPANY FIRST CITIZENS NATIONAL BANK US HOME CORPORATION AKRON 42 LLC DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY PEMTOM LAND COMPANY FIRST CITIZENS NATIONAL BANK US HOME CORPORATION AKRON 42 LLC ARCON DEVELOPMENT INC. I'I \'.LO1 JNI.LNHWdOl3AH4 NOJ3IV tv VF 1 81r u) VL 8L _o X L1.1 2 This Agreement made this PETITION AND WAIVER AGREEMENT day of 2011, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation "City and ARCON DEVELOPMENT, INC., a "Owner WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property") located in the City, the legal description of which is Outlots A and D of Prestwick Place as shown on EXHIBIT A, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property generally described as the improvement of Connemara Trail, and as more specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the "Improvement Project and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy $1,556,346 of the cost of the Improvement Project against the Subject Property as outlined in EXHIBIT D, attached hereto and hereby made a part hereof; and Page 1 G:\ENGPROJ\43I \petition and waiver Arcon Tracts 7A &7B.docx WHEREAS, Owner is a party to an agreement entitled "Joint Development and Cost Sharing Agreement" entered into and effective as of March 20, 2008 (the "Cost Sharing Agreement and WHEREAS, under the Cost Sharing Agreement, various parties have agreed to the allocation of the costs of the Improvement Project, among other things; and WHEREAS, one of the parties to the Cost Sharing Agreement is the Dakota County Community Development Agency (the "DCCDA which is not currently willing to execute a petition and waiver agreement, or otherwise commit to the City that it will pay, or agree to the levy of special assessments against its property for its share of the cost of the Improvement Project as established in the Cost Sharing Agreement; and WHEREAS, the Owner wishes for the City to proceed with construction of the Improvement Project and is willing to add the amount of Twenty-Two Thousand, Four Hundred Three Dollars ($22,403) to the special assessments levied against the Subject Property to cover a part of the obligation of the DCCDA for the Improvement Project; and WHEREAS, the City is willing to proceed with construction of the Improvement Project and levy special assessments therefore, on the basis of the undertaking by Owner to assume responsibility for payment of special assessments against the Subject Property for an additional Twenty -Two Thousand, Four Hundred Three Dollars ($22,403), as hereinafter set forth; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance the costs of the Improvement Project; and Page 2 G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached EXHIBIT C. 3. The Owner requests that One Million Five Hundred Fifty -Six Thousand, Three Hundred Forty-Six Dollars ($1,556,346) (which includes Twenty -Two Thousand, Four Hundred Three Dollars ($22,403) attributable to the DCCDA property under the Cost Sharing Agreement) of the cost of the Improvement Project be assessed against the Subject Property. The Owner understands and the City agrees that if the DCCDA signs a petition and waiver form that is satisfactory to the City, the City will reduce the assessment against the Subject Property by $22,403. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefore without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is a special benefit to the Page 3 G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx Subject Property; and c. Assessment of amount specified in paragraph 3 against the Subject Property is reasonable, fair and equitable. 6. The City will defer the payment of the special assessment for the Improvement Project, without interest, until the earliest to occur of the following: i) ten years from the date of the award of a contract for the Improvement Project (if the Improvement Project is constructed in phases, the deferment of assessments attributable to each phase will be terminated ten years after the award of a contract for that phase), or ii) the Subject Property is subdivided as defined below, or iii) the Subject Property is improved as defined below: a. The Subject Property will be deemed to be subdivided upon final approval by the City Council of a subdivision or division of land that creates buildable lots or parcels of land. Subdivision into outlots that are not buildable will not be deemed to be a subdivision. b. The Subject Property will be deemed to be improved if the owner of the Subject Property or the owner's authorized representative applies for and is granted a permit for the construction of any residential, commercial, agricultural, industrial or other building or structure that requires a building permit. c. Following the termination of the deferment of the special assessment, the special assessments may be paid without interest until the earlier of 1) 90 days after termination of the deferment; or 2) the issuance of a certificate of occupancy for an improvement or release of a final plat for a subdivision. If the special assessment is not paid by such date, interest on the assessment will accrue at the rate of five percent per year from the termination of the deferral until December 31 of the year in which the assessment is paid. The assessment will be due and payable with ad valorem real estate taxes in the year following the first November 30 occurring after the termination of the deferral of the assessment. d. If the Subject Property is subdivided, the Owner and the City may agree to the levy of special assessments for the Improvement Project in lieu of payment in accordance with paragraph c. above, in a subdivision agreement for such subdivision, payable on terms that are mutually agreed upon. 7. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a Page 4 G: \ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. above. form that is recordable among the land records of Dakota County, Minnesota; and the parties agree to make any changes to this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. IN WITNESS WHEREOF, the parties have set their hands the day and year first written STATE OF MINNESOTA COUNTY OF DAKOTA ss. CITY OF ROSEMOUNT By: Notary Public William Droste, Mayor And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Page 5 G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx STATE OF MINNESOTA ss. COUNTY OF OWNER By: Its: And by: Its: The foregoing instrument was acknowledged before me this day of 2011, by and the and respectively, of a on behalf of the Notary Public Page 6 G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx G NUMBER J 4 DRAWING NUMBER Is a e a i g' t lY Di et Y 1 r t E 1 DRAWING NUMBER PaS� 15q 1 DRAWN* J g CD 2 3� G NUMBER DRAWING NUMBER DRAWING NUMBER a cne Pay- of DRAWIN G NUMBER X W WWI Agrico,, a c E�z 2I SI E l E X 1 1 A oB t E Z1,151 '1 DRAWING NUMBER 47Z:11 Z `41 '";Lr? c'. :4 St; DRAWING NUMBER i �4 straw 4I.9140e00N 1 w GRAWIN «e«V Il l' 4 AE m try a 8 l 1 1 1 ss a F'1e� ES .w s,..: 1 i fit x 14o Z►LI► r)3.00N h 1'999= g 4 1 0 3.9Z9400N 7 G NUMBER DRAWING NUMBER DRAWING NUMBER r ons.. pad e34 DRAWIN I\ A� yyy/ t V a. E[ GW Ob'oN &z it ry r .n 3.01,(4 00N AN VII a oil 041 N..N co. ..K); cC ia=} KI L d 9L'LS9Z IL 1' 3.S1.LZ.00N e L I 3.ZftZ.00N ti 1 or i 1 come L. C j O g I i9L9Zd 3 9 2;94OON J v v. tie i� 1� ,•v a r.q a a C a 5 i I ,A,7:, 4 a m 1' <r .Sea l lava.. 'C (317AGAr NUDIV) CZ 'ON O AIA1709 f OM gc 00'001 1 3.6Z:94OONi "aa. —V J nnv ;_77312:":00 ?312: :vv iJ care f: S k EXHIBIT B Description of the Improvements The following improvements, known as Connemara Trail Improvements (City Project 431, and the future construction of Connemara Trail east of Akron Avenue), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. G:\ENGPROJ\431 \petition and waiver An=on Tracts 7A &7B.docx EXHIBIT C Liens, Interests and Encumbrances 1) Wells Fargo National Association as Mortgagee 2) Mortgage dated 2/15/2005 recorded 3/31/2005 as Document No. A693070, Amended by Amendments to Mortgage dated 4/11/2005 recorded 6/15/2005 as Document No. A701645; dated 11/17/2007 recorded 12/13/2007 as Document No. A768949; dated 11/17/2007 recorded 12/13/2007 as Document no. 789679; and dated 3/30/2009 recorded 5/27/2009 as Document No. A826466. 3) John Haider Loan Servicing Specialist Minneapolis Loan Center, Wholesale Loan Services (WLS) MAC N9303 -110 608 2 Avenue South 11 Floor Minneapolis, MN 55402 Tel 612- 667 -7249 Fax 866 972 -5855 G: \ENGPROJ\431 \petition and waiver Amon Tracts 7A &7B.docx Prestwick Place Cost Sharing Total Assessment 44Z'4ZS$ 9E£'LO6$ ZSC886$ I 985`499$ I Z08'SZSS 44L'ILS$ I 4L9`886$ 9S0'OIZS 8ZC91CIS zsr', 68 L I Iaa)ts os OS ZZ8`LOZ$ OS SEO`soz$ OS 0$ OS I 0985IbS 91 taa.0$ 0$ 0$ 1 os 0 E OLZS 660'1 104`1ZZ$ H 0$ O$ 018'146$ 41 0 68L`L8ZS I I £`4f ES o$ OS 0$ OS 0$ 0$ 1 110I`ZZ9$ 6401 $134,705 1 6EZ`OOI S 0$ OS OS 0$ °w a 0$ 1 £464£1$ 8 taaals Ill O4nlr.11 8£9`10Z$ OS 0$ OS OS OS OS 0$ 1 uf0' 1 4 Iaa-ts 861`OS$ S61 `OS$ OS 0$ oS 0$ o OS 0$ 96f '0o1$ Connemara Trail East of Akron Avenue SEO`LOI$ LS 1'961$ 0$ 04L'9E 1$ SSL`IS$ Z9E'401$ L8l'S6SS 0$ o$ 1 L9Z'L61'I$ Connemara Trail West of Akron Avenue ZLO`SES SLi49$ Z 10`601$ 908'44$ IS6'LIS 961`4£$ 0$ IES'SOZS 6b0'48r I$ I Z68'Mdl'Z$ 5S133Y zf UD 0$ EE6'SZb$ 0$ OS 0$ OL4`ILES o$ O$ f(I4'L6L$ Akron Avenue Zb8'£$ I40'LS 9Z0'61S 806`45 L96 94L'E$ LI0'61$ 9ZS`4$ 8L9`ZE$ IS L'96$ Acre (Developable Platted Area) 4L 41 6Z'8Z 81'61 St 61 161 LOYI ZS 6Z ZZ91 8£ 90'89Z (0 f I!4 aa)y 89'S1 4CLZ 81'61 II ii ZZ91 EILII 1 68861 (At!I!I!s J.'I) Ja)y 854'51 6Zf'8Z 941'OZ S4C61 Z 16'L 15.072 EI56Z LIZ'91 960 L I 1 6Y69Z I )aues0 ARCON PEMTOM, LLC US HOME CORPORATION AKRON 42 LLC DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY ARCON ?EMTOM. LLC US HOME CORPORATION AKRON 42 LLC ARCON DEVELOPMENT INC. 1 ARCON DEVELOPMENT INC [.1,.1(1 1 N d�I 84 N VL 8L Amount split evenly between U.S. Home Corporation (Tracts 2 and 5) and Arcon Development (Tracts 7A and 78) Total Assessment 49('651 S I 499'LSE IS 1 8ZL'91$'I$ 1 LI 03. 0 OS 0$ f i 91 P. 0$ OS 0$ 00 OS OS 115 OS 0$ 8 laa)ts OS 0$ Street .1 OS 0$ Connemara Trail East of Akron Avenue 0$ 0$ 0$ a Tract 7B: ARCON DEVELOI Connemara Trail West of Akron Avenue tf`Y:I$ u5 8LZ5 ZI$ 81£`1$ 6401 ssa))y Z4 aJ 0$ anua.SV uoJ LZVES ISZ 6Z$ 8L9if5 I 84YI1 Acre" (Developable Platted Area) LO S0I Ill O4nlr.11 i 1, I;L)V N7d .ISO. PRESTWICK PLACE 2ND ADDITION FUTURE FINAL PLAT L I1 .LOJ. 1 8L 8L Amount split evenly between U.S. Home Corporation (Tracts 2 and 5) and Arcon Development (Tracts 7A and 78) 9 R Y q 2 t This Agreement made this PETITION AND WAIVER AGREEMENT day of 2011, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation "City"), and U.S. HOME CORPORATION, a "Owner WINES SETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property") located in the City, the legal description of which is Outlots G and L of Prestwick Place as shown on EXHIBIT A, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property generally described as the improvement of Connemara Trail, and as more specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the "Improvement Project and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy $309,803 of the cost of the Improvement Project against the Subject Property as outlined in EXHIBIT D, attached hereto and hereby made a part hereof; and Page 1 G:\ENGPRO.t\43l\petition and waiver US Home Tracts 2 &5.docx WHEREAS, Owner is a party to an agreement entitled "Joint Development and Cost Sharing Agreement" entered into and effective as of March 20, 2008 (the "Cost Sharing Agreement and WHEREAS, under the Cost Sharing Agreement, various parties have agreed to the allocation of the costs of the Improvement Project, among other things; and WHEREAS, one of the parties to the Cost Sharing Agreement is the Dakota County Community Development Agency (the "DCCDA which is not currently willing to execute a petition and waiver agreement, or otherwise commit to the City that it will pay, or agree to the levy of special assessments against its property for its share of the cost of the Improvement Project as established in the Cost Sharing Agreement; and WHEREAS, the Owner wishes for the City to proceed with construction of the Improvement Project and is willing to add the amount of Twenty -Two Thousand, Four Hundred Three Dollars ($22,403) to the special assessments levied against the Subject Property to cover a part of the obligation of the DCCDA for the Improvement Project; and WHEREAS, the City is willing to proceed with construction of the Improvement Project and levy special assessments therefore, on the basis of the undertaking by Owner to assume responsibility for payment of special assessments against the Subject Property for an additional Twenty -Two Thousand, Four Hundred Three Dollars ($22,403), as hereinafter set forth; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance the costs of the Improvement Project; and Page 2 G:\ENGPROJ \43I \petition and waiver US Home Tracts 2 &5.docx WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached EXHIBIT C. 3. The Owner requests that Three Hundred Nine Thousand, Eight Hundred Three Dollars ($309,803) (which includes Twenty -Two Thousand, Four Hundred Three Dollars ($22,403) attributable to the DCCDA property under the Cost Sharing Agreement) of the cost of the Improvement Project be assessed against the Subject Property. The Owner understands and the City agrees that if the DCCDA signs a petition and waiver form that is satisfactory to the City, the City will reduce the assessment against the Subject Property by $22,403. 4. The Owner waives notice of hearing and hearing pursuant to Minn Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefore without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is a special benefit to the Page 3 G:\ENGPROJ1431\petition and waiver US Home Tracts 2 &5.docx Subject Property; and c. Assessment of amount specified in paragraph 3 against the Subject Property is reasonable, fair and equitable. 6. The City will defer the payment of the special assessment for the Improvement Project, without interest, until the earliest to occur of the following: i) ten years from the date of the award of a contract for the Improvement Project (if the Improvement Project is constructed in phases, the deferment of assessments attributable to each phase will be terminated ten years after the award of a contract for that phase), or ii) the Subject Property is subdivided as defined below, or iii) the Subject Property is improved as defined below: a. The Subject Property will be deemed to be subdivided upon final approval by the City Council of a subdivision or division of land that creates buildable lots or parcels of land. Subdivision into outlots that are not buildable will not be deemed to be a subdivision. b. The Subject Property will be deemed to be improved if the owner of the Subject Property or the owner's authorized representative applies for and is granted a permit for the construction of any residential, commercial, agricultural, industrial or other building or structure that requires a building permit. c. Following the termination of the deferment of the special assessment, the special assessments may be paid without interest until the earlier of 1) 90 days after termination of the deferment; or 2) the issuance of a certificate of occupancy for an improvement or release of a final plat for a subdivision. If the special assessment is not paid by such date, interest on the assessment will accrue at the rate of five percent per year from the termination of the deferral until December 31 of the year in which the assessment is paid. The assessment will be due and payable with ad valorem real estate taxes in the year following the first November 30 occurring after the termination of the deferral of the assessment. d. If the Subject Property is subdivided, the Owner and the City may agree to the levy of special assessments for the Improvement Project in lieu of payment in accordance with paragraph c. above, in a subdivision agreement for such subdivision, payable on terms that are mutually agreed upon. 7. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a Page 4 G:\ENGPROJW31\petition and waiver US Home Tracts 2 &5.docx above. form that is recordable among the land records of Dakota County, Minnesota; and the parties agree to make any changes to this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. IN WITNESS WHEREOF, the parties have set their hands the day and year first written STATE OF MINNESOTA COUNTY OF DAKOTA ss. CITY OF ROSEMOUNT By: Notary Public William Droste, Mayor And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Page 5 G:\ENGPROJ\43l \petition and waiver US Home Tracts 2 &5.docx STATE OF MINNESOTA ss. COUNTY OF OWNER By: Its: And by: Its: The foregoing instrument was acknowledged before me this day of 2011, by and the and respectively, of ,a ,on behalf of the Notary Public Page 6 G:\ENGPRO.1\431 \petition and waiver US Home Tracts 2 &5.docx G NUMBER DRAWING NUMBER DRAWING NUMBER DRAWIN G NUMBER DRAWING NUMBER DRAWING NUMBER DRAWIN' G NUMBER DRAWING NUMBER DRAWING NUMBER PAS- 3 DRAWIN 1— /R R (31%34V NOWIY) R azsA ft 74 dEp Cc x ILT191 3mBOAON o. mn 1 t.aa _fir Da 3. BAIL M r °mow C 77•3 .n runx r 7 ti ^I B )d a 3 I a' f; ,geo .w ,re aaeviw ,n. •I NITS. M t.so.o0N i (ywN r I..M •5) artf a:l ty, :I,:..0, 7' I�I I. wrm 11 .t.x. .....a. 3.0•4400 )LTOL /'3 a ,9r(t 99N_ w.„ 3.649400N ,i 073"2:10070 A G NUMBER DRAWING NUMBER DRAWING NUMBER DRAWIN IMMO PrOPI.CTS Ont- 4 L p ii ..1,-7,4 1 L J L k 1 0 i 0 4 4 4 IJI i L i ren L 4. v- Ct 4.7.74.m.C!",4t7W a t 4" 4" z Mtz 3.51,1400N p 4 3.1"0,1400N 'v... 40 r i.. OL WPC 3.D.OZDOON ---G9V9a 3.62:17400N li s :4 non 1- a NOLLICC,:' C r ij EXHIBIT B Description of the Improvements The following improvements, known as Connemara Trail Improvements (City Project 431, and the future construction of Connemara Trail east of Akron Avenue), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. G:\ENGPROJ\43I\petition and waiver US Home Tracts 2 &5.docx EXHIBIT C Liens, Interests and Encumbrances G: \ENGPROA431 \petition and waiver US Hone Tracts 2 &5.docx 1 Prestwick Place Cost Sharing 1 luamssass Irlo.1. $524,244 I 9ECLO6S I Z8V886$ I 98$'499$ I Z08`SZS$ $571,744 I 4L9'886$ I 950`0IZ$ 8ZL'9LS'l$ 1 Z$1 Street 17 OS 0$ oS ZZ8'LOZS O$ 8E0'80Z$ a OS os o9s'Sits 91 Iaa.gS os OS o$ O I E'OLZS 660` 154$ IOb'IZZ$ o$ 0$ OS 018'it6S t 1 Ia IS OS $287,789 ll£`4££S 0$ 801'Z! 15 O$ OS OS I os 1 oorii9s 6 Iaa.i1S I SOL'4£I$ 6EZ'001$ 0$ 0$ OS anuaAv uoay. y a 0$ OS I f1 61EZS 8 Pa-IS Z6£`£61$ 8E9` 10Z$ OS 0$ OS 0$ 0$ OS 0$ (r 6fS t Ia.) Is I i 861'05S 861`05S O$ O S OS 0$ a OS O$ I 96£'01115 Connemara Trail East of Akron Avenue I I SE0`LOIS L51961$ 0$ 04L`9£1$ S8L'4SS Z9E`40l$ L81'86S$ 0$ OS L9 IS Connemara Trail Nest of Akron Avenue ZL0`S£S $64,275 Z10'60ZS 908`44$ IStiLIS 96l'PES OS l£S'SOZS 51484,049 Z68't611'ZS ss433y Zt TJ 0$ O$ $425,933 0$ OS OS 0L4'ILES o$ 05 I fllt'_6LS alma., uoJ>Iy $3,842 140'LS 9Z0`61$ 806`4$ L96'IS $3,746 L t0'6IS 54,526 8L9`ZES paa\ palll%Id a14adal.) %au) 4L 41 6Z 8Z 81 61 SL61 16'L L0$1 I ZS 6Z ZZ91 8E L 1 90119Z ((11! I!q }I) a.u\ 89'51 4f'LZ 81 61 ZZ'91 £I LII 55D6I (ePpq aiaV. 854Y1 638Z 941'0Z 84L'61 2161 ZLO'S I E I S'(iZ LIZ'9I 960 L11 I 6Y69Z ARCON PEMTOM, LLC US HOME CORPORATION AKRON 42 LLC DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY ARCON PEMTOM, LLC US HOME CORPORATION AKRON 42 LLC ARCON DEVELOPMENT INC. 1RCON DEVELOPMENT INC 1 N r tl4 I L I N 1 HL Tract 2: US HOME CORPORATION u,amcsa%SV Ielo.L 690'Lf$ I 098'81.55 LI 6)a-1S 0$ 91 Pa-OS O OS I I (IS hl Iaa-IS I£'£ZIS LL4'49I$ 1 68L'L8Z$ j 6 l.Uls Et 0S6'Z4S 88Z'LS$ 6£z'001$ I LZ I'L$ 868'985 04Z'S 11 8f9'I(IZ$ t Iaaal8 tLC I$ 605' I ZS 689'8Z$ Connemara Trail Fast of Akron As cone 1:!:6'95 O50'tsS 801'Z! 15 l'96 1S I Connemara Trail \V esl of Akron As roue ZLZ'Z$ OtS' 4£G 9£5 SLZ't9S I ssaa) V it T.) 0$ L 10`£$ 0$ 4ZO'4$ anuaAv uoay. y (ca)y pallet,' •Ii laea(1) L191 I 6Z'8Z aa3y I II monk %NI 121.)V Tad .ISO.) PRESTWICK PLACE 3RD ADDITION FIITUR1. FINAL PLAT "1 .111.1. 1 Arnount split evenly between U.S. Home Corporation (Tracts 2 and 5) and Arcon Development (Tracts 7A and 7B) 3 g