HomeMy WebLinkAbout6.f. Approve Subdivision Agreement - Town Centre - CP #419AGENDA ITEM: Approve Subdivision Agreement Town
Centre CP 419
AGENDA SECTION:
CONSENT
PREPARED BY: Andrew J. Brotzler, PE, City Engineer VAGENDA
NO. (p.c.
ATTACHMENTS: Subdivision Agreement
APPROVED BY: 10/
RECOMMENDED ACTION: Motion to Approve the Subdivision Agreement for Town
Centre and Authorize the Necessary Signatures.
4 ROSEMOUNT
City Council: May 20, 2008
CITY COUNCIL
EXECUTIVE SUMMARY
BACKGROUND
Attached for Council consideration is a Subdivision Agreement for the Towne Centre project. The
Subdivision Agreement outlines the project responsibilities of the developer, Stonebridge db /a 146 Street
Partners, LP associated with the private development improvements on-site and the public improvements
on 146t Street and Burma Avenue. In addition, the responsibility for project costs and reimbursement to
the developer for Metropolitan Council LCDA grant fund eligible costs is identified in the agreement.
This agreement is in addition to previously executed development agreements for the project.
SUMMARY
Staff recommends Council approval of the subdivision agreement for Town Centre and authorization of
the necessary signatures.
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!C ROSEMOUNT
May 12, 2008
Mr. Wally Johnson
146 Street Partners, LP
15734 Foliage Avenue
Apple Valley, MN 55124
Re: Subdivision Agreement with City of Rosemount
Dear Mr. Johnson:
Pursuant to Section 18G of the Subdivision Agreement to be entered into between the City of
Rosemount (the "City") and 146 Street Partners, LP (the "Developer the City will reimburse
the Developer for certain Public Infrastructure Improvements and Private Improvements (surface
improvements, sidewalks, rain gardens, benches, and permanent bike racks) but only from funds
made available to the City for such purposes by the Metropolitan Council pursuant to a
Metropolitan Livable Communities Act Grant Agreement, to be executed by the City and the
Metropolitan Council (the "Grant Agreement
Please be advised that if such grant monies are made available to the City to pay the costs
described above, pursuant to Section 3.13 of the Contract for Private Redevelopment (the
"Redevelopment Contract by and between the Rosemount Port Authority and Stonebridge
Development and Acquisition, LLC, the amount of the grant funds will decrease the amount of
the pay as you go note to be provided under the Redevelopment Contract. If such grant monies
are not made available to the City or if the grant award is less than anticipated, the costs of the
improvements not paid for with grant monies will be reimbursed to Stonebridge Development
and Acquisition, LLC with tax increment revenues pursuant to the Redevelopment Contract.
The receipt of grant monies by the City pursuant to the Grant Agreement is dependent on a
number of factors, including the reduction of grants made to the Metropolitan Council and the
ability to prove eligible uses of the grant funds and is not guaranteed. Please contact me with
any questions regarding this matter. Please acknowledge receipt of this letter by signing below
and returning a copy to me via facsimile at 651 -322 -2694.
Sincerely,
Andrew J. Brdrfzler, P
City Engineer
PUBLIC WORKS DEPARTMENT
G: \ENGPROJ \419 \Letter to Developer subdivision agreement.DOC
SPIRIT OF PRIDE AND PROGRESS
2875 145th Street West Rosemount, MN 55068 -4997 651 423 -4411 TDD/TTY 651- 423 -6219 Fax 651 322 -2694
www.ci.rosemount.mn.us
May 12, 2008
Mr. Wally Johnson
Receipt of Letter Acknowledged By 146 Street Partners, LP
Its
Date 9
(�8
Page 2 of 2
G: \ENGPROJ \419 \Letter to Developer subdivision agreement.DOC
SUBDIVISION AGREEMENT
Town Centre
AGREEMENT dated this day of 2008, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and 146TH STREET PARTNERS, LP, (the
"Developer
1. Request for Plat Approval. The Developer has received plat and subdivision approval for a plat to be
known as Town Centre, 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
condition:
a. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
3. Paragraph Deleted
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
Plan F Deleted
Plan G Landscape Improvements
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements
A. Deleted
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
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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 August 31, 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," shall be designed, inspected, surveyed and administered by the City, and installed in the
Subject Property at Developer expense by the Developer:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
The Developer shall install all Public Infrastructure Improvements that will serve the subject property by
August 31, 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.
Attachment One shows the area within which the Public Infrastructure Improvements will be constructed
pursuant to this Paragraph. Developer contracts shall provide for construction in accordance with plans
and specifications prepared by the City or its consultants. Work within the public rights -of -way shall not
commence until 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.
The Developer, its contractors and subcontractors shall follow all instructions received from the City's
construction observers. Prior to construction, a preconstruction meeting is required and shall be
scheduled with all parties concerned, including the City staff. The Developer's contractor shall present a
proposed schedule for Public Infrastructure Improvements at this meeting and shall not proceed without
securing City approval of the schedule.
9. Security for Cost of Public Infrastructure Improvements.
a. 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 Sixty-Two Thousand, Six Hundred
Fifty-Nine Dollars ($362,659.00), which is 110% of the estimated construction costs
($329,690.00) for Public Infrastructure Improvements, conditioned on the prompt and faithful
performance by the Developer of its obligations under paragraph 8. 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.
If Developer fails to complete the Public Infrastructure Improvements in accordance with
paragraph 8, the City may, after giving the Developer 10 days' written notice, draw down the
letter of credit, enter the subject property, and complete the Public Infrastructure
Improvements. If the amount of the letter of credit is not sufficient to complete the Public
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Infrastructure Improvements, the Developer will reimburse the City for any additional expenses
on demand.
b. 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.
c. Developer may not commence work on the Public Infrastructure Improvements until it has
provided to the City, for each construction contract, a performance bond and a payment bond,
each in the full amount of said construction contract, assuring the City of the full and faithful
performance by the contractor of the work of the contract and the payment of all mechanics,
laborers, materialmen and subcontractors.
d. The letter of credit required by paragraph 9(a) may also be applied to assure performance of all
other obligations of the Developer under this Agreement. The City may, from time to time, at
the request of the Developer, approve reductions in the amount of required letters of credit and
bonds, providing the remaining security is deemed sufficient in the absolute and sole discretion
of the City, to assure completion of the obligations of the Developer under this Agreement.
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 -Two Thousand, Nine Hundred Fifty Dollars
($92,950), which is 110% of the estimated cost of the Developer Improvements. The amount of the
security was calculated as follows:
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the developer
from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all
obligations of the Developer under it. The City may draw down on the letter of credit without notice if
the obligations of the Developer have not been completed as required by this Agreement. In the event of
a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with
written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If
the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw
on the letter of credit. With City approval, the letter of credit may be reduced from time to time as
financial obligations are paid and developer installed improvements completed to the City's requirements.
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G: ENGPROT 419 Subdivisionagreement.doc
Cost
110%
Grading Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$500
$550
Retaining Walls
$10,000
$11000
Landscaping
$24,000
$26,400
Total
$84,500
$92,950
Infrastructure Improvements, the Developer will reimburse the City for any additional expenses
on demand.
b. 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.
c. Developer may not commence work on the Public Infrastructure Improvements until it has
provided to the City, for each construction contract, a performance bond and a payment bond,
each in the full amount of said construction contract, assuring the City of the full and faithful
performance by the contractor of the work of the contract and the payment of all mechanics,
laborers, materialmen and subcontractors.
d. The letter of credit required by paragraph 9(a) may also be applied to assure performance of all
other obligations of the Developer under this Agreement. The City may, from time to time, at
the request of the Developer, approve reductions in the amount of required letters of credit and
bonds, providing the remaining security is deemed sufficient in the absolute and sole discretion
of the City, to assure completion of the obligations of the Developer under this Agreement.
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 -Two Thousand, Nine Hundred Fifty Dollars
($92,950), which is 110% of the estimated cost of the Developer Improvements. The amount of the
security was calculated as follows:
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the developer
from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all
obligations of the Developer under it. The City may draw down on the letter of credit without notice if
the obligations of the Developer have not been completed as required by this Agreement. In the event of
a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with
written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If
the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw
on the letter of credit. With City approval, the letter of credit may be reduced from time to time as
financial obligations are paid and developer installed improvements completed to the City's requirements.
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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.
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.
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16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the public improvements lying within public rights -of -way and easements
shall become City property without further notice or action unless the improvements are slated as private
infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All
trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months
after planting.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the Subject Property including, but not limited to, Soil
and Water Conservation District charges, legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property. The Developer shall indemnify the City and
its officers and employees for all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement
of this Agreement, including engineering and attorney's fees. The estimated City fees of $9,500
shall be deposited with the City at the time this Agreement is signed, and represent the following
estimates:
Engineering Review Fees $7,500
Attorney Fees $2.000
$9,500
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. Paragraph Deleted
F. Paragraph Deleted
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G. The City shall reimburse the Developer for the following Public Infrastructure Improvements at
an amount not to exceed:
1. Surface Improvements $222,000
2. Sidewalk $25,000
3. Sanitary Sewer Improvements $20,100
4. Water Main Improvements $25,300
Additionally, the City will reimburse the Developer for the following Private Improvements at
an amount not to exceed:
1. Rain gardens $53,000
2. Benches and permanent bike racks $50,000
Provided, however, that the City will reimburse the Developer for the costs of the Surface
Improvements, Sidewalk, Rain gardens, and Benches and permanent bike racks only from funds
made available to the City for such purposes by the Metropolitan Council pursuant to a
Metropolitan Livable Communities Act Grant Agreement, to be executed by the City and the
Metropolitan Council.
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 $120,000.
B. Geographic Information System (GIS) fees in the amount of $0 (waived)
C. Storm Sewer Trunk Area Charges in the amount of $0 (waived)
D. Sanitary Sewer Trunk Area Charges in the amount of $0 (waived)
E. Watermain Trunk Area Charges in the amount of $0 (waived)
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). (waived)
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit). (waived)
D. Water Availability Charges per SAC unit (currently at $1,630 /SAC unit for single family
residential and multi- family residential). (waived)
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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.
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 Contract, 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.
The Developer may not assign this Agreement without the written permission of the City
Council.
25. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by registered mail at the following address:
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:
G:\ ENGPROI 419 Subdivisionagreement. doc
146th Street Partners, LP
15734 Foliage Avenue
Apple Valley, MN 55124
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.
STATE OF MINNESOTA
COUNTY OF DAKOTA
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
SS
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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
The foregoing instrument was acknowledged before me this day of
2008 by and
a on behalf of the
said
Notary Public
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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 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).
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No.
Item
Cost
110%
Calculation
1
Grading and Erosion Control
25,000
27,500
$3500 /acre acres, $25,000 minimum
2
Pond Restoration and Erosion Control Removal
25,000
27,500
Minimum $25,000
3
Survey Monumentation
500
550
$500 /lot lots
4
Retaining Wall
10,000
11,000
Estimate
5
Landscaping
24,000
26,400
Per City Planner
6
Street Lights
N/A
N/A
lights $4000 /light
7
Buffer Monumentation
N/A
N/A
signs $50 /sign
8
Park Equipment/Improvements
N/A
N/A
9
Wetland Restoration/Mitigation
N/A
N/A
#acres $20,000 /acre
10
Wetland Monitoring
N/A
N/A
City Engineer Estimation
Total
84,500
92,950
No.
Item
Cost
Calculation
1
Engineering Review Fees
7,500
City Engineer Estimation
2
Engineering Design Fees
N/A
12% of Estimated Construction Cost
3
Attorney Fees
2,000
Estimate
4
5% City Fees
N/A
5% of Estimated Construction Cost
5
Street Light Energy Cost
N/A
lights 24 months $5 /month
6
Seal Coating
N/A
$0.75/SY SY
Total
9,500
No.
Item
Cost
Calculation
1
Park Dedication
120,000
329,690
2
GIS Fees
N/A
$60 /unit units
3
Storm Sewer Trunk Charge
N/A
$6200 /net developable acre acres
5
Sanitary Sewer Trunk Charge
N/A
$1075 /acre acres
6
Watermain Trunk Charge
N/A
$4420 /acre acres
Total
120,000
No.
Item
Cost
110%
Calculation
1
Estimated Construction Cost
329,690
362,659
Based on actual construction cost
2
Cash Deposit (due before receipt of bids)
N/A
N/A
40% of construction cost
Total
329,690
362,659
Letter of Credit for Develo Im due before signed plat is released
Letter of Credit for Public Infrastructure due with signed agreement
G: \ENGPROJ \419 \Subdivisionagreement Calcs
City Fees due with signed agreement
Development Fees due before signed plat is released
Subdivision Name
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