HomeMy WebLinkAbout6.p. Harmony 5th Addition and Pickens Plat Subdivision Agreements (08-19-FP) ROSEMOLIN11T SUMMARY
CITY COUNCIL
City Council Regular Meeting: July 15, 2008
AGENDA ITEM: Harmony 5 Addition and Pickens Plat AGENDA SECTION:
Subdivision Agreements Case 08 -19 -FP Consent
PREPARED BY: Eric Zweber; Senior Planner AGENDA NO. t0 7
ATTACHMENTS: Harmony 5 Addition Subdivision
Agreement, Pickens Plat Subdivision
Agreement; Site Map; Harmony 5 Final APPROVED BY:
Plat; Pickens Plat;
RECOMMENDED ACTION: Motion to execute a subdivision agreement for Harmony 5th
Addition and subdivision agreement for the Pickens Plat.
ISSUE
On June 17, the City Council approved the Preliminary Plat, the Major Amendment to the Planned Unit
Development, and the Final Plat for Harmony 5 Addition and Pickens Plat. Since that date, staff has been
working with Rottlund Homes to create subdivision agreements that cover the details necessary to grade the
sites and construct the streets, utilities, landscaping, and other improvements necessary for the development.
The complete subdivision agreements are provided as an attachment.
RECOMMENDATION
Staff recommends execution of the subdivision agreements.
SUBDIVISION AGREEMENT
Harmony 5 Addition
AGREEMENT dated this day of 2008, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation, (the "City and THE ROTTLUND COMPANY, INC., (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 Harmony 5th 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.
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
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6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements
A. Street Lights
B. Setting of Lot and Block Monuments
C. 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, 2009. 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 422), 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.
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 Five Hundred Sixty -Two
Thousand, Five Hundred Dollars ($562,500) 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.
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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 One Million, Nine Hundred Twelve Thousand, Five
Hundred Dollars ($1,912,500) [calculated by multiplying the estimated construction costs
($2,250,000) by 110% (1.1), and then subtracting the initial cash deposit ($562,500)], 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 Three Hundred One Thousand, Four Hundred Dollars
($301,400), which is 110% of the estimated cost of the Developer Improvements. The amount of the
security was calculated as follows:
Cost 110%
Pond Restoration and Erosion $25,000 $27,500
Control Removal
Survey Monumentation $17,000 $18,700
Retaining Walls $50,000 $55,000
Landscaping $138,000 $151,800
Street Lighting (11 lights) $44,000 $48,400
Total $274,000 $301,400
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit 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
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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 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.
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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. 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 (except Public Infrastructure Improvements
as defined in Section 8). 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
$595,860 shall be deposited with the City at the time this Agreement is signed, and represent the
following estimates:
$15,000 Engineering Review Fees
$450,000 Engineering Design Fees
$5,000 Attorney Fees
$112,500 5% City Fees
$1,320 Street Light Energy Cost
$12.040 Seal Coating
$595,860
If the City fees exceed this estimate, the Developer shall pay the additional costs to the City
within ten (10) days of the request.
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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 $5 /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
$1.40 /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.
B. Geographic Information System (GIS) fees in the amount of $6,840.
C. Storm Sewer Trunk Area Charges in the amount of $139,032.
D. Sanitary Sewer Trunk Area Charges in the amount of $23,521.
E. Watermain Trunk Area Charges in the amount of $106,337.
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:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$1,825).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single
family currently at $745; multi family currently at $280 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,630 /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.
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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, materialmen 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.
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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, materialmen, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Agreement. To be binding, amendments or waivers shall be 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 which may also be recorded.
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.
J. In lieu of a letter of credit, the obligations of Developer may be secured by a performance bond
or bonds in a form acceptable to the city. Any such bonds shall be in the same amount as the
amount that, but for this paragraph, would have been provided by letter of credit, and the
amount of the letter of credit may be reduced accordingly.
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:
J. Michael Noonan
The Rottlund Company, Inc.
3065 Centre Pointe Drive
Roseville, MN 55113
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
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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:
Amy Domeier, City Clerk
BY:
Its
BY:
Its
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2008, 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
2008 by and
a on behalf of the
said
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
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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 revegetation 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 woodfiber blanket
following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monum tation 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.
Retainin 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).
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Harmony 5th
EXHIBIT B (Page 1 of 2)
Securities for Developer Improvements (due before signed plat is released)
No. Item Cost 110% Calculation
1 Grading and Erosion Control N/A
2 Pond Restoration and Erosion Control Removal 25,000 27,500 Minimum $25,000
3 Survey Monumentation 17,000 18,700 $500/lot 34 lots
4 Retaining Wall 50,000 51000 Estimate
5 Landscaping 138,000 151,800 Per City Planner
6 Street Lights 44,000 48,400 11 lights $4000/light
7 Buffer Monumentation N/A
8 Park Equipment/Improvements N/A
9 Wetland Restoration/Mitigation N/A
10 Wetland Monitoring N/A
Total 274,000 301,400
Securities for Public Infrastructure (due with signed agreement)
No. Item Cost 110% Calculation
1 Estimated Construction Cost 2,250,000 2,475,000 Based on actual construction cost
2 Less Cash Deposit (due before receipt of bids) 562,500 25% of construction cost
Total 1,912,500
City Fees (due with signed agreement)
No. Item Cost Calculation
1 Engineering Review Fees 15,000 City Engineer Estimation
2 Engineering Design Fees 450,000 20% of Estimated Construction Cost
3 Attomey Fees 5,000 Estimate
4 5% City Fees 112,500 5% of Estimated Construction Cost
5 Street Light Energy Cost 1,320 11 lights 24 months $5 /month
6 Seal Coating 12,040 $1.40 /SY 8600 SY
Total 595,860
Development Fees (due before signed plat is released)
No. Item Cost Calculation
1 Park Dedication Fees N/A
2 GIS Fees 6,840 $60 /unit 114 units
3 Storm Sewer Trunk Charge 139,032 $6665/net developable acre 20.86 acres
4 Sanitary Sewer Trunk Charge 23,521 $1075 /acre 21.88 acres
5 Watennain Trunk Charge 106,337 $4860 /acre 21.88 acres
6 Stormwater Ponding Fee N/A
Total 275,730
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Harmony 5th
EXHIBIT B (Page 2 of 2)
Totals
Block Lots Units Block Lot Units SQ FT Acres
1 8 8 1 1 1 10,599.49 0.24
2 7 7 1 2 1 10,364.34 0.24
3 4 16 1 3 1 10,068.41 0.23
4 2 10 1 4 1 9,711.34 0.22
5 3 12 1 5 1 9,292.68 0.21
6 3 12 1 6 1 8,819.18 0.20
7 7 49 1 7 1 8,436.40 0.19
Total 34 114 1 8 1 8,743.86 0.20
Total Plat Area= 21.88 acres 2 1 1 12,595.74 0.29
Net Dev. Area= 20.86 acres 2 2 1 8,673.91 0.20
Ponding to HWL= 1.02 acres 2 3 1 8,261.17 0.19
Park Dedication= 0.00 acres 2 4 1 8,663.05 0.20
Dedicated ROW= 2.94 acres 2 5 1 9,711.84 0.22
2 6 1 7,721.23 0.18
2 7 1 7,910.36 0.18
3 1 4 29,620.94 0.68
3 2 4 23,622.06 0.54
3 3 4 29,711.79 0.68
3 4 4 28,588.39 0.66
4 1 5 15,802.27 0.36
4 2 5 16,333.38 037
5 1 4 14,128.27 0.32
5 2 4 12,434.15 0.29
5 3 4 12,511.56 0.29
6 1 4 56,495.27 1.30
6 2 4 32,338.24 0.74
6 3 4 28,128.69 0.65
7 1 4 15,681.42 0.36
7 2 4 16,689.88 0.38
7 3 3 13,945.86 0.32
7 4 12 24,787.10 0.57
7 5 10 23,230.56 0.53
7 6 8 24,736.16 0.57
7 7 8 25,459.95 0.58
133rd Street 25,824.85 0.59
135th Street 24,004.64 0.55
Bronze Parkway 78,316.08 1.80
OUTLOT A 26,013.97 0.60
OUTLOT B 10,780.91 0.25
OUTLOT C 90,658.26 2.08
OUTLOT D 113,586.I3 2.61
Total 953,003.78 21.88
Ponding to HWL 1.02
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SUBDIVISION AGREEMENT
Pickens Property
AGREEMENT dated this day of 2008, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation, (the "City and THE ROTTLUND COMPANY, INC., (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 Pickens Property, 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.
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
Pickens Property
07/10/2008
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6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements
A. Street Lights
B. Setting of Lot and Block Monuments
C. 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, 2009. 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 423), 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.
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 Forty -Two Thousand, Five
Hundred Dollars ($42,500) 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.
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07/10/2008
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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 One Hundred Forty Four Thousand, Five Hundred
Dollars ($144,500) [calculated by multiplying the estimated construction costs ($170,000) by
110% (1.1), and then subtracting the initial cash deposit ($42,500)1, 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 Forty-Seven Thousand, Seven Hundred Forty Dollars
($47,740), which is 110% of the estimated cost of the Developer Improvements. The amount of the
security was calculated as follows:
Cost 110%
Pond Restoration and Erosion $25,000 $27,500
Control Removal
Survey Monumentation $4,500 $4,950
Landscaping $9,900 $10,890
Street Lighting (1 light) $4,000 $4,400
Total $43,400 $47,740
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit 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
Pickens Property
07/10 /2008
G: \ENGPROJ \423 \Subdivisionagreement revised 7- 9- 08.doc Page 3 of 10
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 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.
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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. 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 (except Public Infrastructure Improvements
as defined in Section 8). 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 $56,000
shall be deposited with the City at the time this Agreement is signed, and represent the following
estimates:
$5,000 Engineering Review Fees
$34,000 Engineering Design Fees
$2,500 Attorney Fees
$8,500 5% City Fees
$120 Street Light Energy Cost
$5.880 Seal Coating
$56,000
If the City fees exceed this estimate, the Developer shall pay the additional costs to the City
within ten (10) days of the request.
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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 $5 /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
$1.40 /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.
B. Geographic Information System (GIS) fees in the amount of $540.
C. Storm Sewer Trunk Area Charges in the amount of $47,255.
D. Sanitary Sewer Trunk Area Charges in the amount of $7,622.
E. Watermain Trunk Area Charges in the amount of $34,457.
F. Stormwater ponding fee in the amount of $27,084.
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:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$1,825).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single
family currently at $745; multi family currently at $280 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,630 /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.
Pickens Property
07/10/2008
G: \ENGPROJ \423 \Subdivisionagreement revised 7- 9- 08.doc Page 6 of 10
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, materialmen 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, materialmen, employees, agents or third parties.
Pickens Property
07/10/2008
G: \ENGPROJ \423 \Subdivisionagreement revised 7- 9- 08.doc Page 7 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 which may also be recorded.
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.
J. In lieu of a letter of credit, the obligations of Developer may be secured by a performance bond
or bonds in a form acceptable to the city. Any such bonds shall be in the same amount as the
amount that, but for this paragraph, would have been provided by letter of credit, and the
amount of the letter of credit may be reduced accordingly.
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:
J. Michael Noonan
The Rottlund Company, Inc.
3065 Centre Pointe Drive
Roseville, MN 55113
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
Pickens Property
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G: \ENGPROJ \423 \Subdivisionagreement revised 7- 9- 08.doc Page 8 of 10
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:
Amy Domeier, City Clerk
BY:
Its
BY:
Its
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2008, 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
2008 by ,and
,on behalf of the
said
Notary Public
Drafted By:
Cfty of Rosemount
2875 145th Street Vest
Rosemount, MN 55068
Pickens Property
07/10/2008
G: \ENGPROJ \423 \Subdivisionagreement revised 7- 9- 08.doc Page 9 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 revegetation 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 woodfiber blanket
following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monumentation An amount equal to 110% of the cost to monument all lots within the development.
Landscaping An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond for that cost is not required.
Retaining Walls An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting An amount equal to 110% of the cost to complete the minimum required 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).
Pickens Property
07/10/2008
G: \ENGPROJ \423 \Subdivisionagreement revised 7- 9- 08.doc Page 10 of 10
Pickens Property
EXHIBIT B (Page 1 of 2)
Securities for Developer Improvements (due before signed plat is released)
No. Item Cost 110% Calculation
1 Grading and Erosion Control N/A
2 Pond Restoration and Erosion Control Removal 25,000 27,500 Minimum $25,000
3 Survey Monumentation 4,500 4,950 $500Ilot 9 lots
4 Retaining Wall N/A
5 Landscaping 9,900 10,890 Per City Planner
6 Street Lights 4,000 4,400 1 lights $4000/light
7 Buffer Monumentation N/A
8 Park Equipment/Improvements N/A
9 Wetland Restoration/Mitigation N/A
10 Wetland Monitoring N/A
Total 43,400 47,740
Securities for Public Infrastructure (due with signed agreement)
No. Item Cost 110% Calculation
1 Estimated Construction Cost 170,000 187,000 Based on actual construction cost
2 Less Cash Deposit (due before receipt of bids) 42,500 25% of construction cost
Total 144,500
City Fees (due with signed agreement)
No. Item Cost Calculation
1 Engineering Review Fees 5,000 City Engineer Estimation
2 Engineering Design Fees 34,000 20% of Estimated Construction Cost
3 Attorney Fees 2,500 Estimate
4 5% City Fees 8,500 5% of Estimated Construction Cost
5 Street Light Energy Cost 120 1 lights 24 months $5 /month
6 Seal Coating 5,880 $1.40 /SY 4200 SY
Total 56,000
Development Fees (due before signed plat is released)
No. Item Cost Calculation
1 Park Dedication Fees N/A
2 GIS Fees 540 $60/unit 9 units
3 Storm Sewer Trunk Charge 47,255 $6665/net developable acre 7.09 acres
4 Sanitary Sewer Trunk Charge 7,622 $1075 /acre 7.09 acres
5 Watermain Trunk Charge 34,457 $4860 /acre 7.09 acres
6 Stormwater Ponding Fee 27,084 $3820 /acre 7.09 acres
Total 116,958
G: \ENGPROJ \423 \Subdivisionagreement Calcs
Pickens Property
EXHIBIT B (Page 2 of 2)
Totals
Block Lots Units Block Lot Units SQ FT Acres
1 9 9 1 1 1 21,073.6 0.48
Total 9 9 1 2 1 28,258.2 0.65
Total Plat Area= 7.09 acres 1 3 1 14,691.7 0.34
Net Dev. Area= 7.09 acres 1 4 1 17,508.8 0.40
Ponding to HWL= 0.00 acres 1 5 1 13,762.8 0.32
Park Dedication= 0.00 acres 1 6 1 14,302.7 0.33
Dedicated ROW= 1.26 acres 1 7 1 18,845.8 0.43
1 8 1 26,701.5 0.61
1 9 1 44,979.0 1.03
135th Street 23,521.3 0.54
Bonaire Path 31,479.8 0.72
OUTLOT A 53,920.6 1.24
Boundary Check 309,045.7 7.09
Ponding to HWL 0.00
G: \ENGPROJ \423 \Subdivisionagreement Calcs
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