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HomeMy WebLinkAbout6.i. U.S. Home Corporation Glendalough 3rd Addition Final Plat Creating 29 Single Family Lots and an Outlot for Future Development, Case 10-12-FP4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: June 15, 2010 AGENDA ITEM: Case 10 -12 -FP U.S. Home Corporation Glendalough 3rd Addition Final Plat AGENDA SECTION: Creating 29 Single Family Lots and an UW540 Outlot for Future Develo ment PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner 010 ATTACHMENTS: Resolution, PC Excerpt Minutes 05- 25 -10, APPROVED BY: Subdivision Development Agreement, Site Map, Evermoor Glendalough 3rd Addition Final Plat, Engineering Memorandum dated May 18, 2010. 1 Do RECOMMENDED ACTION: Staff recommends the City Council make the following two motions: 1. Motion to adopt a resolution approving the final plat for Glendalough 3rd Addition, subject to conditions and authorize the execution of the subdivision development agreement for Glendalough 3rd Addition. SUMMARY Applicant & Property Owner(s): U.S. Home Corporation Location: Outlots A and B of the Glendalough 2nd Addition; Completion of the Coachford Avenue semi - circle Area in Acres: 8.89 Acres of Lots, 18.87 acre outlot Comp. Guide Plan Desig: TR, Transitional Residential Current Zoning: R -1, Low Density Residential and Evermoor Planned Unit Development (PUD) The applicant, U.S. Home Corporation (U.S. Homes), requests final plat approval for Glendalough 3`d Addition. The proposed final plat would subdivide portions of Oudots A and B of the Glendalough 2nd Addition plat into twenty nine (29) new single family lots on three blocks located along an extension of the Coachford Avenue semi - circle and the intersection of Coachford Avenue and 1346' Street West. Subject to the conditions listed in the attached resolution, staff finds the proposed final plat consistent with the Glendalough Phase II Preliminary Plat as well as the applicable zoning and land use standards and recommends approval. PLANNING COMMISSION ACTION The Planning Commission reviewed the Glendalough Std Addition final plat during their regular meeting on May 25, 2010. By Ordinance, no public hearing is required for final plats and staff found the proposed final plat in compliance with the original preliminary plat. As a result, the Commission recommended the City Council approve this item. ISSUE ANALYSIS Land Use & Zoning. The subject property is guided TR, Transitional Residential and zoned R -1, Low Density Residential within the Evermoor PUD. The proposed single family use is consistent with the permitted uses in these districts as well as the performance standards outlined in the original Evermoor PUD. Lot Standards. The proposed final plat illustrates twenty nine (29) single family lots with sizes and dimensions that are consistent with the minimum lot standards of the TR, Transitional Residential land use, the R -1, Low Density Residential zoning and the original Evermoor PUD. The Glendalough Phase II preliminary plat called for the exact lot design and configuration illustrated in the final plat. The final plat also contains Outlot A which will be divided in the future, completing Carlingford Lane. Streets. The Glendalough 3rd Addition final plat calls for twenty nine (29) proposed lots to be accessed from the completed Coachford Avenue and its intersection with Be Street West. This extension is consistent with the original Glendalough Phase II plan and the standards outlined in the subdivision ordinance. Easement Vacation. As detailed in the attached Engineer's memo, Oudots A and B of Glendalough 2nd Addition had drainage and utility easements placed on it as part of that original final plat. Those easements must be vacated in order to plat the Glendalough Yd Addition final plat and corresponding new single family lots, Outlot, right -of -way and drainage and utility easements. Vacation of the original easements appears later on this same agenda. Approval of this application is subject to approval of the easement vacation. Landscaping. The Glendalough Phase II plans showed one tree per interior lot and two trees per corner lot. The corner lots have one tree on each street frontage. A condition of approval includes submittal of a landscape plan, which excludes any ash trees, consistent with the Glendalough Phase II plans. It is anticipated that the detailed plan would include at least thirty three (33) trees and would require a landscape security of approximately $10,890 (33 trees x $300 x 110 %). Park Dedication. The required park dedication was addressed as part of the overall requirement for the Evermoor development and no additional dedication is required. CONCLUSION & RECOMMENDATION Staff recommends approval the Glendalough Yd Addition final plat. The Planning Commission also recommended approval of this request after their review on May 25, 2010. The proposed subdivision would create 29 new single family lots on three blocks completing the Coachford Avenue semi - circle. This recommendation is based on the information submitted by the applicant as well as the findings made in this report and is subject to the conditions outlined in the attached resolution and subdivision development agreement. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 - A RESOLUTION APPROVING THE FINAL PLAT OF GLENDALOUGH 3RD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from U.S. Homes Incorporated requesting Final Plat concerning the parcel legally described as: Outlots A and B of the Glendalough 2nd Addition, Dakota County, Minnesota. WHEREAS, on May 25, 2010 the Planning Commission of the City of Rosemount reviewed the Final Plat for Glendalough 3rd Addition; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat subject to conditions; and WHEREAS, on June 15, 2010, the City Council reviewed the request for Final Plat approval and agreed with the Planning Commission's the findings and recommendation; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves Final Plat for Glendalough Addition, subject to: 1. Execution of a Subdivision Development Agreement and conformance with all conditions. 2. Payment of all applicable fees. 3. A landscape plan compatible with the Evermoor Preliminary Plat landscaping plan. The landscaping plan shall include a minimum one tree per interior lot and two trees per corner lot. No ash trees shall be allowed. A landscape security equal to 110% of the value of the plantings is required with the approval of the subdivision agreement. 4. Compliance with the conditions and standards within the City Engineer's Memorandum dated May 18, 2010. 5. Approval of a resolution vacating the existing drainage and utility easements over Outlots A and B, Glendalough 2nd Addition. ADOPTED this 15th day of June, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Excerpt from the Regular Planning Commission Meeting May 25, 2010 Consent Agenda: a. Approval of the April 27, 2010, Regular Meeting Minutes b. Approval of the April 27, 2010, Work Session Minutes c. Request by U.S. Horne Corporation to Approve the Glendalough Yd Addition Final Plat (10- 12 -FP) MOTION by Powell to table the Consent Agenda. Second by Kolodziejski. Ayes: 5. Nays: None. Motion carried. SUBDIVISION AGREEMENT Glendalough 3`d Addition AGREEMENT dated this day of , 2010, by and between the CITY OF' ROSEMOUNT, a Minnesota municipal corporation, (the "City "), and U.S. HOME CORPOR 110N, (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Glendalough Yd, 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. Vacation of Glendalough 7`h Addition Outlot A and Outlot B drainage and utility easements. 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. 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 G: \ENGPROJ \430 \Subdivisionagreement.docx Glendalough 3`d Addition June 2010 Page 1 of 11 6. 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 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. Streetlights B. Setting of Lot and Block Monuments C. Surveying and Staking of work required to be performed by the Developer. D. Gas, Electric, Telephone, and Cable Lines E. Site Grading F. Landscaping G. Other items as necessary to complete the development as stipulated herein or in other agreements 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 which will serve the subject property by September 30, 2011. 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 430), 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 One 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. G:\ENGPROJ \430 \Subdivisionagreement. docx Glendalough 3rd Addition June 2010 Page 2 of 11 9. Deposit for Cost of Public Infrastructure Improvements. For the purpose of financing the construction, installation and maintenance of the Public Infrastructure Improvements, the Developer shall promptly make payments to the City of sums deemed necessary by the City to make timely payments to its contractor as follows: a. Prior to the receipt by the City of bids for the Public Infrastructure Improvements, the Developer will pay to the City a cash deposit in the amount of One Hundred Seventeen Thousand Dollars ($117,000) to cover one or more periodic payments to the City's contractor. Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose. b. From time to time, as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written notice specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor. Payments shall be due no later than three (3) weeks after receipt of notice by the Developer. c. No interest will be paid or credited to the Developer on funds held by the City in the deposit. Following final payment for Public Infrastructure Improvements the City will return any unused funds in the deposit to the Developer. d. Upon execution of this Agreement, the Developer will provide a letter of credit in form satisfactory to the City in the amount of Three Hundred Ninety -Seven Thousand, Seven Hundred Sixty -Seven Dollars ($397,767) [calculated by multiplying the estimated construction costs ($467,970) by 110% (1.1), and then subtracting the initial deposit ($117,000)], conditioned on the prompt and faithful performance by the Developer of its obligations under this paragraph 9. This letter of credit may be combined with any other letter of credit given to secure performance under this Agreement, provided the form thereof is approved by the City. e. In the event the City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter 429, and the Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Public Infrastructure Improvements. 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements, and construction of all Developer Improvements (as noted 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 Ninety -Three Thousand, Seven Hundred Twenty Dollars ($93,720), which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: G:\ ENGPROJ14301Subdivisionagreement .docx Glendalough 3rd Addition June 2010 Page 3 of 11 Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and developer - 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. 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 G: \EN GPROJ \430 \Subdivisionagreement.docx Glendalough 3rd Addition June 2010 Page 4 of 11 Cost 110% Grading & Erosion Control $25,000 $27,500 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $14,500 $15,950 Landscaping $8,700 $9,570 Street Lighting 3 lights) $12,000 $13,200 Total $85,200 $93,720 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. 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 G: \EN GPROJ \430 \Subdivisionagreement.docx Glendalough 3rd Addition June 2010 Page 4 of 11 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 Exhibit A. 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. WarrantTv. 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 G: \ENGPROJ \430 \Subdivisionagreement.docx Glendalough 3`d Addition June 2010 Page 5 of 11 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 $132,677 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: $ 5,000 Engineering Review Fees $ 93,594 Engineering Design and Construction Admin Fees $ 2,500 Attorney Fees $ 23,399 5% City Fees $ 684 Street Light Energy Cost 7,500 Seal Coating $132,677 If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within ten (10) days of the request. D. The Developer shall pay 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 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 $9.50 /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 $1.50 /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 (paid previously) B. Geographic Information System (GIS) fees in the amount of $1,740 C. Storm Sewer Trunk Area Charges in the amount of $0 (paid with Glendalough 6') D. Sanitary Sewer Trunk Area Charges in the amount of $0 (to be paid with building permit) E. Watermain Trunk Area Charges in the amount of $0 (to be paid with building permit) 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 this agreement are: Glendalough 3rd Addition June 2010 G:\ENGPROJ \430 \Subdivisionagreement.docx Page 6 of 11 A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,100). 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 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. G:\ENGPROJ\430\Subdivisionagreement.docx Glendalough 3`d Addition June 2010 Page 7 of 11 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. 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, G: \ENGPROJ \430 \Subdivisionagreement.docx Glendalough 3rd Addition June 2010 Page 8 of 11 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: U.S. Home Corporation 935 East Wayzata Boulevard Wayzata, MN 55391 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator Rosemount City Hall 2875145 h Street West Rosemount, Minnesota 55068 G: \EN GPROJ \430 \Subdivisionagreement.docx Glendalough V Addition June 2010 Page 9 of 11 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: BY: BY: STATE OF MINNESOTA SS COUNTY OF DAKOTA Amy Domeier, City Clerk Its Its The foregoing instrument was acknowledged before me this day of , 2010, 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 STATE OF MINNESOTA SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of .2010 by , and on behalf of said Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 G:\ENGPROJ\430\Subdivisionagreement.docx Glendalough 3`d Addition June 2010 Page 10 of 11 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 Monitorine — 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). Glendalough 3`' Addition June 2010 G: \ENGPROJ \430 \Subdivisionagreement.docx Page 11 of 11 Glendalough 3rd EXHIBIT B (Page 1 of 2) Letter of Credit for Develoner Improvements (due before sinned plat is released) No. Item Cost 110% Calculation 1 Grading and Erosion Control $ 25,000 $ 27,500 Minimum $25,000 - grading complete 2 Pond Restoration and Erosion Control Removal $ 25,000 $ 27,500 Minimum $25,000 3 Survey Monumentation $ 14,500 $ 15,950 $500 /lot * 29 lots 4 Retaining Wall $ - $ - n/a 5 Landscaping $ 8,700 $ 9,570 Per City Planner 6 Street Lights $ 12,000 $ 13,200 3 lights * S4000/light 7 Buffer Monumentation $ - $ - n/a 8 Park Equipment/Improvements $ $ n/a 9 Wetland Restoration/Mitigation $ $ n/a 10 Wetland Monitoring $ $ n/a Totall $ 85,200 1 $ 93,720 Letter of Credit for Public Infrastructure (due with sinned agreement) No. Item Cost 1100/. 1 Calculation 1 Estimated Construction Cost $ 467,970 $ 514,767 Based on actual construction cost 2 Cash Deposit (due before receipt of bids) 3 $ 117,000 25% of construction cost, rounded Estimate Total 5% City Fees $ 397,767 5% of Estimated Construction Cost City Fees (due with signed agreement) No. Item Cost Calculation 1 Engineering Review Fees $ 5,000 City Engineer Estimation 2 Engineering Design and Construction Admin Fees $ 93,594 20% of Estimated Construction Cost 3 Attorney Fees $ 2,500 Estimate 4 5% City Fees $ 23,399 5% of Estimated Construction Cost 5 Street Light Energy Cost $ 684 3 lights * 24 months * $9.50 /month 6 Seal Coating $ 7,500 $1.50 /SY * 5000 SY Totall $ 132,677 Development Fees (due before signed plat is released) No. Item Cost Calculation 1 Park Dedication $ - Paid previously 2 GIS Fees $ 1,740 $60 /unit * 29 units, or $120 /acre 3 Storm Sewer Trunk Charge $ - Paid in full with Glendalou h 6th Addition 5 Sanitary Sewer Trunk Charge $ - Paid with building permit per Evermoor Subdivision A r. 6 Watermain Trunk Charge $ - Paid with building permit per Evermoor Subdivision A r. 7 Stormwater Ponding Fee 1 $ $3820 /acre * # acres Totall $ 1,740 G: \ENGPROJ \430 \Subdixisionagreement Calcs Totals Block Lots Units 1 10 l0 2 12 12 3 7 7 3 0 0 0.32 0 0 1 0 0 Total 29 29 Total Plat Area = 27.70 acres Park Dedication = 0.00 acres Dedicated ROW = 0.69 acres Future Plat Area = 18.81 acres Developable Area = 8.88 acres Ponding to HWL = 0.00 acres Developable Area - HWL = 8.88 acres * Excludes future plat areas. G: \ENGPROJ \430 \Subdivisionagreement Calcs Glendalough 3rd EXHIBIT B (Page 2 of 2) Block Lot Units SQ FT Acres 1 l 1 11,567.8 0.27 1 2 1 13,795.6 0.32 1 3 1 13,795.6 0.32 1 4 1 11,567.8 0.27 1 5 1 11,567.8 0.27 1 6 1 11,867.3 0.27 1 7 I 1 11,577.0 0.27 l 8 1 10,857.8 0.25 1 9 1 12,389.9 0.28 1 10 1 12,815.6 0.29 2 l 1 10,803.5 0.25 2 2 1 11,687.7 0.27 2 3 1 11,535.5 0.26 2 4 1 10,373.2 0.24 2 5 1 10,875.6 0.25 2 6 1 10,611.0 0.24 2 7 1 9,825.0 0.23 2 8 1 12,736.9 0.29 2 9 1 11,667.3 0.27 2 10 1 11,178.1 0.26 2 11 1 10,287.1 0.24 2 12 1 12,150.0 0.28 3 1 1 18,715.6 0.43 3 2 I 13,520.9 0.31 3 3 1 14,577.6 0.33 3 4 1 15,524.6 0.36 3 5 1 13,745.3 0.32 3 6 l 11,589.4 0.27 3 7 I 13,604.7 0.31 ROW 1 30,031.0 0.69 ROW 2 0.00 OUTLOT A 819,576.3 18.81 OUTLOT B 0.00 OUTLOT C 0.00 Boundary Check 1,206,418.5 27.70 Ponding to HWL Print Previevv m'g't 2 I',- �Ir Glendalough 3rd Addition Page 1 of 1 I'f;�"9! M; P. M1 eA , `_"' `� �;• `r ��. � �,�, ��. a -. 'ti. ��,+ x. ,sue• ..' -yip, IN �• 4' ' � a� 1 `r L� i i '+ � � � YY J - ?eg $f4+' 4s a a :;. �+ tat ;*,� i6. y ♦. - 4 Disclaime Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. T,-Its is not a legal document and should not be substituted for a title search, 1 inch = 400 feet appraisal, survey, or for zoning verification. http: / /gis.co. dal,_ ota. mn. us/w- ebsite ldakotanct(,islprintPreview .asps ?PrintOptData= Glenciato... 5121/2010 'r AI Tan 1151 � gl 'to lip - p, .- .1 ■ O O O O o Lp 4 -78 NO 57 NS 5 23,07T A178 '04'* . .16 bk. 79 G.0 j9 2 6. its 4. o Lp 4,ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: May 18, 2010 TO: Eric Zweber, City Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, City Engineer Dan Schultz, Park & Recreation Director Kathie Hanson, Planning Department Secretary FROM: Phil Olson, Project Engineer RE: Glendalough 3rd Addition Upon review of the Glendalough 3rd Addition Final Plat provided for review by Westwood Professional Services on behalf of U.S. Homes Corp. (Lennar), the Engineering Department offers the following comments: 1. Drainage and utility easements shall be incorporated into the final plat as deemed necessary upon review of the final utility plan at the discretion of the City Engineer. 2. The vacation of the drainage and utility easement over Evermoor Glendalough 7`h Addition Oudot A and Oudot B shall be applied for by petition. 3. A drainage and utility easement shall be recorded over Oudot A. 4. The side lot easement between Block 1, Lots 4 and 5 shall be 10 feet on either side of the shared property line to accommodate watermain that was installed with the Evermoor Glendalough 7`h Addition project. 5. A street lighting plan shall be submitted for review. Estimated Development Fees (due before signed pl at is released — areas to be revised as plat is revised) No. Item Cost Calculation 1 GIS Fees $ 1740 $60 /unit * 29 units 2 Storm Sewer Trunk Charge $ 0 Paid in full with Evermoor Glendalough 6`h Addition 3 Sanitary Sewer Trunk Charge $ 0 Paid with building permit per Evermoor PUD 4 Watermain Trunk Charge $ 0 Paid with building permit per Evermoor PUD Total 1 $ 1740 Should you have any questions or comments regarding the item listed above, please contact me at 651- 322 -2022.