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Home My WebLink About6.r. Meadows of Bloomfield and Meadows of Bloomfield 2nd Addition Final Plats and Subdivision Development Agreementt CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: April 20, 2004 ISSUE These final plats are the last step in the planning process for creating lots for sale in this development. The subdivision development agreements secure the installation of streets, utilities, grading and landscaping. The two plats (Meadows of Bloomfield and Meadows of Bloomfield 2 nd Addition) are being combined under one agreement and handled as one construction project. Bloomfield 2n Addition was originally included as part of the next phase, which became the 3rd Addition. However, they would not accept it as one plat with two series lots that were not connected. BACKGROUND On March 23, 2004, the Planning Commission reviewed the final plats and recommended approval. The item was on consent, and there were no concerns identified. No public hearing was required, as the plats were consistent with the approved preliminary plat. One single - family lot was lost in Block 2, south of Connemara Trail. However, nothing else changed. The street design did not change, no new variances created, and the overall density did not increase. The concept resolution includes a disclaimer condition indicating that numbers of dwelling units are not guaranteed. Applicant & Property Owner(s): Centex Homes Location: South of 135 Street West (County Road 38), east of Bacardi Ave. alignment. AGENDA ITEM: Meadows of Bloomfield and Meadows of AGENDA SECTION: Bloomfield 2 nd Addition Final Plats and Subdivision Development Agreement Consent PREPARED BY: Rick Pearson, City Planner Anthony Aderhold, Project Engineer AGEN #a 176 ATTACHMENTS: Draft Resolution, Final Plat reductions, Draft Subdivision Development APPROVED BY: Agreement, PC minutes RECOMMENDED ACTION: Motion to adopt a resolution approving the final plats for Meadows of Bloomfield and Meadows of Bloomfield 2 nd Addition; and, Motion to authorize the execution of the subdivision development agreement for Meadows of Bloomfield and Bloomfield 2" d Addition. ACTION: Number of Lots /units: Meadows of Bloomfield 39 single- family lots 30 townhouse building lots containing: 27 Vineyard townhouse units, 58 Carriage Homes (double - loaded town home units). 112 Cottage Row Homes (single- loaded townhouse units). 10 outlots for Park dedication, future phases, streets, storm water ponds. Meadows of Bloomfield 2" Addition 20 single - family lots Current Zoning: R -1, Low Density Residential; R -2, Moderate Density Residential; and R -3, Medium Density Residential City Council Action: Approved Preliminary Plat 1 -20 -2004. SUMMARY These two plats provide all of the lots and outlots for the Meadows of Bloomfield area south of Connemara Trail, and the collector street extending east called Autumn Path that will eventually connect to 135th Street W. Meadows of Bloomfield creates 39 individual lots for single family and lots for three different attached housing styles. Nine "Vineyards three -unit townhouse lots will result in 27 dwelling units; seven "Carriage Home lots will result in 58 units and 21 "Cottage Row" lots will result in 112 units. Council will recall that the Cottage Row units were approved as a minor PUD amendment on April 6, 2003 to replace the former "Georgetown" units. All of the right -of -way for Connemara Trail will be dedicated as well as all of the local streets south of Connemara Trail and Autumn Path. Autumn Path will be platted to the eastern edge of the Cottage Row town home area. Autumn Path turns into Autumn Court in the 2nd Addition. Private streets are also being platted as outlots (Outlot H). The plat grading plan is being reviewed by the Cities' consulting engineer, W. S. B. & Associates. Some of the attached comments relate to recommended grading modifications. The final plat has been compared with the approved preliminary plat and generally found to be consistent. One single - family lot has been lost to create slightly larger building pades for homes in Block 2 on the south side of Connemara Trail. Another minor issue is that Dakota County has indicated that 55 feet of half- right -of -way for County Road 38 will be required instead of the 50 feet as shown. The additional five feet requested for right -of -way would not require any lot variances. The collector street status of County Road 38 requires a minimum of 135 feet of lot depth, and this edge of the plat has lot depths of 150 feet. A public hearing is not required for final plat approval, unless the final plat is significantly different from the approved preliminary plat. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 A RESOLUTION APPROVING THE FINAL PLAT FOR MEADOWS OF BLOOMFIELD AND MEADOWS OF BLOOMFIELD 2ND ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from Centex Homes requesting Final Plat approval for the Meadows of Bloomfield, (Parcel 1), and Meadows of Bloomfield 2 "d Addition (Parcel 2), legally described as: Parcel 1: That part of the Southeast Quarter of Section 21, Township 115, Range 19, and the Northeast Quarter of Section 28, Township 115, Range 19, lying north of Railroad, and lying northerly of premises described in Document No. 698135, Dakota County, Minnesota. Parcel 2: Outlot K, Meadows of Bloomfield, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, on March 23, 2004, the Planning Commission of the City of Rosemount reviewed the Final Plat for Meadows of Bloomfield to create 39 individual lots for single family and lots for three different attached housing styles; and WHEREAS, on March 23, 2004, the Planning Commission of the City of Rosemount reviewed the Final Plat for Meadows of Bloomfield 2 " Addition (Phase 2) for a single family cul -de -sac along the western edge of the development south of Connemara Trail; and WHEREAS, the Planning Commission of the City of Rosemount found the Final Plats generally consistent with the terms and conditions of the Preliminary Plat; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plats for Meadows of Bloomfield, and Meadows of Bloomfield 2 nd Addition (Phase 2) subject to conditions; and WHEREAS, on April 20, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Final Plats for Meadows of Bloomfield, and Meadows of Bloomfield 2 "d Addition (Phase2); and RESOLUTION 2004 - NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Meadows of Bloomfield, subject to: I. Execution of the Subdivision Development Agreement for Meadows of Bloomfield. 2. Incorporation of recommendations relative to drainage, easements, grading, street design and utilities by the City Engineer and the Cities' consulting engineer, W.S.B. & Associates; and comments in the attached memos dated January 19 and March 12, 2004 from the Project Engineer. 3. Dedication of Outlot K for storm water ponding. 4. Park Dedication consisting of the deeds for Outlots A & B and monetary dedication in the amount of $444,000. 5. Approval of the Dakota County Plat Commission in conformance with the contiguous Plat Ordinance. 6. Payment of all other development associated fees in conformance with the current fee schedule including but not limited to G. I. S., Storm Water Access & Trunk, Water and Sewer Access Charges. 7. 139`" Street, which is shown connecting to Autumn Path in two locations can only have the east -west portion adjacent to Block 14 so named. The segment adjacent to Blocks 5, 6 and 9 shall be named Atwood Avenue and the easterly segment adjacent to Blocks 7, 8, 12 and 13 shall be named Atrium Avenue. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Meadows of Bloomfield 2nd Addition, (Phase 2), subject to: 1. Execution of a subdivision development agreement. 2. Incorporation of recommendations of the City Engineer relative to grading, easements, streets and utilities. 3. Approval of the Dakota County Plat Commission in accordance with the Contiguous Plat Ordinance. 4. Payment of all associated development fees including but not limited to G. I. S., Storm water, Water and Sanitary Sewer Access charges; Park Dedication as specified in the Meadows of Bloomfield. RESOLUTION 2004 - ADOPTED this 20' day of April, 2004 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 3 SITE MAP PROPERTY ID NUMBER: 34- 02110. 010 -75 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2005): FEE OWNER: CENTEX HOMES LAND: J� LOT SIZE NO DATA AVAILABLE 12400 WHITEWATER OR STE 120 BUILDING: MINNETONKA MN 55343 TOTAL: WMMPNW 6,594,311 TOTAL SQ FT 151.38 TOTAL ACRES PROPERTY ADDRESS: 1982 135TH ST W SCHOOL DISTRICT: 196 212,267 WATER SO FT ROSEMOUNT MN 55068 . 113,927 ROAD R/W SQ FT PAYABLE 2004 TAXES LOCATION: NE1 /4 SE1 /4 SECTION 21- 115 -19 NET TAX: Ate\ � PAYABLE 2005 HOMESTEAD STATUS: NON HOMESTEAD SPECIAL ASSESSMENTS: ✓♦ TOTAL TAX & SA: WATERSHED DISTRICT: VERMILLION RIVER PAYABLE 2005 ASMNT USAGE:AG LAST QUALIFIED SALE: DATE: AMOUNT: _ _ )?OA 38 _._ . ..... . ---1.3 _ o Mt Vl5 0 1 z.. I _ I r DTE: Dimensions rounded to nearest foot. PLAT NAME: SECTION 21 TWN 115 RANGE 19 N TAX DESCRIPTION: N OF RR OF SE 1/4 )pyright 2004, Dakota County - 150630 2111519 its drawing is neither a legally recorded map nor a survey and is not intended to be used as one. its drawing is a compilation of records, information and data located in various city, county, and ate offices and other sources, affecting the area shown, and is to be used for reference purposes ly. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are md, please contact Dakota County Survey and Land Information Department. ip Date: March 19, 2004 Parcels Updated: 3/10/2004 Aerial Photography: 1990 9 s S -- - - - -- No0°razsT J69 0J ^ N00 ° /9YJ 2672.BJ \• .; p , a - !l� � . -. 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No/1 /a0b' a aNe adzgumoom [.fo sMoOd�'�l`� a SUBDIVISION AGREEMENT Meadows of Bloomfield and Meadows of Bloomfield 2nd Addition AGREEMENT dated day of , 2004, by and between the CITY of ROSEMOUNT, a Minnesota municipal corporation, ("City"), and Centex Homes, a Nevada General Partnership (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 Meadows of Bloomfield and Meadows of Bloomfield 2" 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, conservation areas, streets and utilities. e. Developer will deliver warranty deeds of Outlots A, B and J to the City within 60 days of execution of this Agreement. f. Cash deposit of $265,000 for future County Road 38 Improvements. g. Incorporation of conservation easements for DNR wetland to 75 -foot buffer line. 3. Phased Development The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract 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 Public Works Director. 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: 1 Meadows of Bloomfield I & H 04/14/04 Plan A -- Plat Plan B -- Soil Erosion Control Plan and Schedule Plan C -- Drainage and Storm Water Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E - Grading Plan and House Pad Elevations Plan F -- Street Lights Plan G -- Landscape Improvements 6. Installation by Developer The Developer shall install or cause to be installed and pay for the following: 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 (Hereinafter referred to as the "Developer Improvements ") And 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 2, 2005. 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, known as City Project #351, 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 (Public/Private) E. Sidewalks/Pathways (Public/Private) (Hereinafter referred to as "Public Infrastructure Improvements ") The attached figure 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 2 Meadows of Bloomfield I & U 04/14/04 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, 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, Developer will pay to the City a cash deposit in the amount of Six Hundred Thousand Dollars ($600,000) to cover one or more periodic payments to the City's contractor. Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose. b. C. d. 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 five (5) working days after receipt of notice by the Developer. No interest will be paid or credited to 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 Developer. Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of Three Million Five Hundred- Seventeen Thousand Three Hundred Dollars ($3,517,300) (which is 110 % of the estimated construction costs ($3,743,000) less the initial deposit), conditioned on the prompt and faithful performance by 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 City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Subj ect Property in the manner provided by Minnesota Statutes, Chapter 3 Meadows of Bloomfield I & II 04/14/04 Estimated Construction Cost Initial Cash Deposit Public Infrastructure LOC 1S Addition $3,283,000 $400,000 $3,211,300 2 Id Addition $460,000 $200,000 $306,000 Total $3,743,000 $600,000 $3,517,300 e. In the event City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Subj ect Property in the manner provided by Minnesota Statutes, Chapter 3 Meadows of Bloomfield I & II 04/14/04 429, and 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 two (2) individual irrevocable letters of credit from a bank ( "security") for: a.) $227,150 Landscaping b.) $351,395 All Other Improvements which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: Refer to Exhibit A 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 4 Meadows of Bloomfield I & II 04/14/04 Cost 110% Landscaping 1 St Addition 2 "d Addition 1 St Addition 2 " d Addition Grading & Erosion Control 25,000 25,000 27,500 27,500 Pond Restoration and Erosion Control Removal 100,000 25,000 110,000 27,500 Survey Monumentation 38,000 10,000 41,800 11,000 Retaining Walls - - -- - - -- - - -_ Street Lighting (21 lights /3 lights) 84,000 12,000 92,400 13,200 Buffer Monumentation 450 - - -- 495 - - -- Park Equipment/Improvements _ - -- -_ -- - - -- - - -- Wetland Restoration/Mitigation - - -- - - -- - - -- -_ -- Wetland Monitoring - - -- - - -_ - - -- _ - -- Sub -Total 247,450 72,000 272,195 79,200 TOTAL 319,450 351,395 Refer to Exhibit A 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 4 Meadows of Bloomfield I & II 04/14/04 Cost 110% Landscaping 200,000 6,500 220,000 1 7,150 Total 206,500 227,150 Refer to Exhibit A 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 4 Meadows of Bloomfield I & II 04/14/04 Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements. 11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and approved by the City Public Works Director. 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 Public Works Director 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 siltfence. 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 of the essence 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 endeavor 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 5 Meadows of Bloomfield I & II 04/14/04 permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. 14. Planting and Seeding Landscaping shall be installed by the Developer in accordance with plans prepared by Westwood Professional Engineering Services dated January 5, 2004 and referred to as Exhibits 5a — h in the PUD Agreement for Meadows of Bloomfield executed March 22, 2004 by the City of Rosemount. 15. Clean up . The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assigns. 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 48 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 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. 6 Meadows of Bloomfield I & H 04/14/04 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 $1,128,282 less the initial deposits of $89,200 for total of $1,039,082 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: 1 st Addition 2 nd Addition Total Engineering Fees $558,110 $78,200 $636,310 Attorney Fees $ 10,000 $ 5,000 $ 15,000 5% City Fees $164,150 $23,000 $187,150 Street Light Energy Cost $ 2,520 $ 360 $ 2,880 Seal Coating $ 20,502 $ 1,440 $ 21,942 CR 38 Impr. Cash Deposit $265,000 $ 0 $265,000 If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 10 days of the request. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 %) per year. E. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24- months at a cost of $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 $0.60 /SY. The sealcoating will be completed within two (2) years following wear course placement. 19. 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: 1 Addition 2 nd Addition Total A. Park Dedication fees $439,200.00 $ 0.00 $439,200.00 Park dedication fees based on the approval of 383 units with the preliminary plat, the developer owes 15.4 acres of land for dedication. The Parks and Recreation Commission is giving credit for 8 acres of land and remaining dedication will be monetary dedication. The monetary dedication amounts to $439,200 (7.32 acres x $60,000 per acre). All park dedication for the entire site will be collected with the first Subdivision Agreement and it should be noted that if the number of units increase or decrease the park dedication fees will be adjusted accordingly. B. Geographic Information System (GIS) fees $ 4,180.00 $ 1,100.00 $ 5,280.00 7 Meadows of Bloomfield I & H 04/14/04 C. Storm Sewer Trunk Area Charges $321,290.25 $38,247.00 $359,537.25 Storm Sewer Trunk Charges were calculated for the First Addition in the following manner: 100.23 total acres for I" Addition minus 20.56 acres for ponding to HWL in Outlots I and J and area to delineated wetland boundary multiplied by $4,575 per acre for a total of $364,490.25. A ponding credit was determined for the oversizing of the regional basin in Outlot J of 1.44 acres at $30,000 per acre for a total of a $43,200 ponding credit. Total Storm Sewer Trunk Charge equals $364,490.25 minus ponding credit of $43,200 for a final value of $321,290.25. D. Sanitary Sewer Trunk Area Charges $93,613.45 $ 8,485.40 $102,098.85 E. Watermain Trunk Area Charges $369,842.30 $33,523.60 $403,365.90 Or such other amounts for such fees as in effect at the time of plat approval. 20. Developer understands that builders will be required to pay for the Subject Property the 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 $1,350). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (currently at $510). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,125 /SAC unit). D. Water Availability Charges per unit (currently at $1,340 / unit for single family residential and multi - family residential). 21. Building Permits No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in service. C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. E. All building permit fees are paid in full F. No early building permits will be issued. 8 Meadows of Bloomfield I & II 04/14/04 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 Public Works Director. 22. 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. 23. 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. For consideration of early building permit issuance, the Developer shall submit a written request with exhibits demonstrating access to site, fire protection and how building construction will be of minimal disturbance to City's contractor. F. 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, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. G. 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, 9 Meadows of Bloomfield I & II 04/14/04 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. H. This Agreement shall run with the land and maybe 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. I. 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. J. The Developer may not assign this Agreement without the written permission of the City Council. 24. 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: Centex Homes 12400 Whitewater Drive, Suite 120 Minnetonka, MN 55343 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 145 Street West, Rosemount, Minnesota 55068. 10 Meadows of Bloomfield I & H 04/14/04 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: Linda Jentink, City Clerk BY: Its BY: Its STATE OF MINNESOTA ) SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of , 2004, by William H. Droste, Mayor, and Linda Jentink, 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 2004 by , and a , on behalf of the said Notary Public Drafted By: City of Rosemount 2875145th Street West Rosemount, MN 55068 11- Meadows of Bloomfield I & II 04/14/04 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 Removal — A security to allow for cleaning of sedimentation ponds prior to City acceptance and removing 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/Miti ag tion —An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). 12 Meadows of Bloomfield I & II 04/14/04 ATTACHMENT ONE (Legal Description) 13 Meadows of Bloomfield I & 11 04/14/04 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 23, 2004. Chairperson Jeff Weisensel called the meeting to order at 6:34 p.m. with Commissioners Napper, Messner, and Zurn present. Commissioner Anderson was absent. Also in attendance were City Planner Rick Pearson, Assistant,City Planner Jason Lindahl, and City Engineer Andy Brotzler. The meeting was opened with the Pledge of Allegiance. Additions to Agenda There were no additions to the agenda. Audience Input: None MOTION by Messner to approve the February 24, 2004 Regular Planning Commission Meeting Minutes. Second by Zurn. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Messner to approve consent agenda. Second by Zurn. — a. Meadows of Bloomfield Final Plat -- b. Meadows of Bloomfield 2 Addition Final Plat c. Meadows of Bloomfield 3rd Addition Final Plat d. Pulte Homes /Pahl Property _ Residential Concept. Continue Public Hearing to April 13, 2004 Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. Chairperson Weisensel confirmed the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearing on the agenda. Public Hearing: Brockway Glass – Preliminary Plat & Lot Combination City Planner Rick Pearson presented the Preliminary Plat for Contractor Property Development Company for development of the Brockway Glass site located East of STH 3 between Connemara Trail & 132 " St. (County Road 38). On January 6, 2004, the City Council approved the Concept Plan for this project. The Preliminary Plat review which follows, provides design details covering overall site development with grading, streets, utilities, landscaping and architecture for the townhomes and single - family units. The apartments, senior housing and neighborhood commercial have not been included. Those components of the plan will be for future review, presumably in a subsequent phase of the development. Preliminary plat approval commits the City to lot and parcel size, setbacks and street standards. The next step after preliminary plat approval is final plat. Final plat creates the individual lots and outlots that can be sold and developed. Unless significant plan revisions are requested, no other public hearings are necessary in the planning review process. 4 SUBDIVISION AGREEMENT► r Meadows of Bloomfield and Meadows of Bloomfield 2nd Addition ` AGREEMENT dated day of t 2004, by and between the CITY of ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and Centex Homes, a Nevada General Partnership (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 Meadows of Bloomfield and Meadows of Bloomfield 2" 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, , conservation areas, streets and utilities. e. Developer will deliver warranty deeds of Outlots A, B and J to the City within 60 days of execution of this Agreement. f. Cash deposit of $265,000 for future County Road 38 Improvements. g. Incorporation of conservation easements for DNR wetland to 75 -foot buffer line. 3. Phased Development The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract 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 Public Works Director. 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: 1 Meadows of Bloomfield I & II 04/14/04 A Plan A -- Plat Plan B -- Soil Erosion Control Plan and Schedule Plan C -- Drainage and Storm Water Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights Plan G -- Landscape Improvements 6. Installation by Developer The Developer shall install or cause to be installed and pay for the following: 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 (Hereinafter referred to as the "Developer Improvements ") And 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 2, 2005. 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, known as City Project #351, shall be designed, inspected, surveyed and administered by the City and installed in the vicinity of 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 (Public/Private) including the extension. of Connemara Trail to the Subject Property E. Sidewalks/Pathways (Public/Private) (Hereinafter referred to as "Public Infrastructure Improvements ") The attached figure 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 2 Meadows of Bloomfield I & II 04/14/04 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. Developer's cost of the Public Infrastructure Improvements will include costs of or related to City Project #351. City Project #351 includes the extension of Connemara Trail to the Subject Property, including right -of -way acquisition costs, less the sum of the following: (1) the contribution previously made by Heritage Development for the extension of Connemara Trail ($146,71.0); (2) the City share of the Connemara Trail extension costs paid by the City as an owner of land adjacent to Connemara Trail ($84,410); and (3) special assessments received by the City from the owners fo the Flach property, Dakota County parcel identification number 34- 02110- 020 -50. The estimated construction costs of the Public Infrastructure Improvements stated in the following Section 9 ($3,743,00) reflect a deduction in the total project costs for the contribution previously made by Heritage Development and for the City share of the Comnemara Trail extension costs; however, it does not include the costs of right -of -way acquisition (which will increase the cost to Developer) or the receipt of special assessments levied against the Flach property (which will reduce the cost to the Developer): The cost of right -of -way acquisition will be added to and collected with amounts stated in Section 9. Amounts received by the Cily as special assessments levied against the Flach property will be applied to, and thereby reduce, Developer's obligations under Section 9if received by the City prior to satisfaction by Developer of all obligations under Section 9 or reimbursed to Developer if received by the City thereafter. 9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the construction, installation and maintenance of the Public Infrastructure Improvements, 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, Developer will pay to the City a cash deposit in the amount of Six Hundred Thousand Dollars ($600,000) to cover one or more periodic payments to the City's contractor. Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose. b. From time to time as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written notice specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor. Payments shall be due no later than five (5) working days after receipt of notice by the Developer. 3 Meadows of Bloomfield I & H 04/14/04 C. No interest will be paid or credited to 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 Developer. d. Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of Three Million Five Hundred - Seventeen Thousand Three Hundred Dollars ($3,517,300) (which is 110% of the estimated construction costs ($3,743,000) less the initial deposit), conditioned on the prompt and faithful performance by 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 City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Subj ect Property in the manner provided by Minnesota Statutes, Chapter 429, and 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 with a cash escrow or two (2) individual irrevocable letters of credit from a bank ( "security ") for: a.) $227,150 Landscaping b.) $351,395 All Other Improvements which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: Estimated Construction Cost Initial Cash Deposit Public Infrastructure LOC 1 st Addition $3,283,000 $400,000 $3,21 1,300 2" Addition $460,000 $200,000 $306,000 Total 1 $3,743,000 $600,000 $3,517,300 e. In the event City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Subj ect Property in the manner provided by Minnesota Statutes, Chapter 429, and 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 with a cash escrow or two (2) individual irrevocable letters of credit from a bank ( "security ") for: a.) $227,150 Landscaping b.) $351,395 All Other Improvements which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: 4 Meadows of Bloomfield I & II 04/14/04 Cost 110% 1 st Addition 2 " d Addition 1 st Addition 2 " d Addition Grading & Erosion Control 25,000 25,000 27,500 27,500 Pond Restoration and Erosion Control Removal 100,000 25,000 110,000 27,500 Survey Monumentation 38,000 ' 10,000 41,800 11,000 4 Meadows of Bloomfield I & II 04/14/04 Retaining Walls - - -- - - -- - - -- - - -- Street Lighting (21 lights /3 lights) 84,000 12,000 92,400 13,200 Buffer Monumentation 450 - - -- 495 - - -- Park Equipment/Improvements - - -- ____ ____ Wetland Restoration/Mitigation - - -- ____ -___ __ -- Wetland Monitoring ____ __ -- ____ Sub- Total 247,450 72,000 272,195 79,200 TOTAL 319,450 351,395 J1 Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish-the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements. 11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and approved by the City Public Works Director. 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 Public Works Director 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. 5 Meadows of Bloomfield I & II 04/14/04 Cost 110% Landscaping 200,000 1 6,500 220,000 1 7,150 Total 206,500 227,150 Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish-the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements. 11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and approved by the City Public Works Director. 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 Public Works Director 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. 5 Meadows of Bloomfield I & II 04/14/04 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 of the essence 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 endeavor 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 (3 0) 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 installed by the Developer in accordance with plans prepared by Westwood Professional Engineering Services dated January 5, 2004 and referred to as Exhibits 5a — h in the PUD Agreement for Meadows of Bloomfield executed March 22, 2004 by the City of Rosemount. 15. Clean up . The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assigns. 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 48 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. 6 Meadows of Bloomfield I & 11 04/14/04 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 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 $1,128,282 less the initial deposits of $89,200 for a total of $1,039,082 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: 1 St Addition 2" Addition Total Engineering Fees $558,110 $78,200 $636,310 Attorney Fees $ 10,000 $ 5,000 $ 15,000 5% City Fees $164,150 $23,000 $187,150 Street Light Energy Cost $ 2,520 $ 360 $ 2,880 Seal Coating $ 20,502 $ 1,440 $ 21,942 CR 38 Impr. Cash Deposit $265,000 $ 0 $265,000 If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 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. 7 Meadows of Bloomfield I & II 04/14/04 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 $0.60 /SY. The sealcoating will be completed within two (2) years following wear course placement. 19. 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: 1 st Addition 2 nd Addition Total A. Park Dedication fees $439,200.00 $ 0.00 $439,200.00 Park dedication fees based on the approval of 383 units with the preliminary plat, the developer owes 15.4 acres of land for dedication. The Parks and Recreation Commission is giving credit for 8 acres of land and remaining dedication will be monetary dedication. The monetary dedication amounts to $439,200 (7.32 acres x $60,000 per acre). All park dedication for the entire site will be collected with the first Subdivision Agreement and it should be noted that if the number of units increase or decrease the park dedication fees will be adjusted accordingly. B. Geographic Information System (GIS) fees $ 4,180.00 $ 1,100.00 $ 5,280.00 C. Storm Sewer Trunk Area Charges $321,290.25 $38,247.00 $359,537.25 Storm Sewer Trunk Charges were calculated for the First Addition in the following manner: 100.23 total acres for 1 St Addition minus 20.56 acres for ponding to HWL in Outlots I and J and area to delineated wetland boundary multiplied by $4,575 per acre for a total of $364,490.25. A ponding credit was determined for the oversizing of the regional basin in Outlot J of 1.44 acres at $30,000 per acre for a total of a $43,200 ponding credit. Total Storm Sewer Trunk Charge equals $364,490.25 minus ponding credit of $43,200 for a final value of $321,290.25. D. Sanitary Sewer Trunk Area Charges $93,613.45 $ 8,485.40 $102,098.85 E. Watermain Trunk Area Charges $369,842.30 $33,523.60 $403,365.90 Or such other amounts for such fees as in effect at the time of plat approval 20. Developer understands that builders will be required to pay for the Subject Property the 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 $1,350). 8 Meadows of Bloomfield I & H 04/14/04 B. Storm Sewer Connection Charges per single family unit and per multiple family unit (currently at $510). C. Sanitary Sewer Availability Charges per SAC unit (currently at,$1,125 /SAC unit). D. Water Availability Charges per unit (currently at $1,340/ unit for single family residential and multi - family residential). 21. Building Permits No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in service. C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. E. All building permit fees are paid in full, F. No early building permits will be issued. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, 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 Public Works Director. 22. 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. 23. 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 9 Meadows of Bloomfield I & II 04/14/04 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. For consideration of early building permit issuance, the Developer shall submit a written request with exhibits demonstrating access to site, fire protection and how building construction will be of minimal disturbance to City's contractor. F. 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, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. G. 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. H. 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. I. 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. J. The Developer may not assign this Agreement without the written permission of the City Council. 24. 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: 10 Meadows of Bloomfield I & H 04/14/04 Centex Homes 12400 Whitewater Drive, Suite 120 Minnetonka, MN 55343 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 145' Street West, Rosemount, Minnesota 55068. Meadows of Bloomfield I & II 04/14/04 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: Linda Jentink, City Clerk BY: Its BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2004, by William H. Droste, Mayor, and Linda Jentink, 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 2004 by , and a , on behalf of the said Notary Public Drafted By: City of Rosemount 2875145th Street West Rosemount, MN 55068 12 Meadows of Bloomfield I & II 04/14/04 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 Removal — A security to allow for cleaning of sedimentation ponds prior to City acceptance and removing 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 Li tin — 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 Monitorin#; 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). 13 Meadows of Bloomfield I & II 04/14/04 ATTACHMENT ONE (Legal Description) 14 Meadows of Bloomfield I & II 04/14/04