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HomeMy WebLinkAbout6.s. Meadows of Bloomfield 3rd Addition Final Plat and Subdivision Development AgreementZ - ^ w a 0 O ' cc a) O " `N L Q O Ca a) a) �-• o 0 ) a CL O (.) a) �a N m O O O H 0 y ., w L 0 to Q a) : o O� N E C � -0 LL O c= d a) O U= N O U C ° 'n'— o w Q W Q ������ 0 O O u O 4= c Eo a. a >, C (6 N 0 U) �- U c C O 2 U L) C C 0 ' E C m - Va. C 0 "= O a O CO C U 0 F- w N a Z w CO Q U - ^ w a } o > � CL Q O ' cc a) O " `N L Q O Ca a) a) �-• o 0 ) a CL O (.) a) (6 N m O N 0 y ., 0 L 0 �O- a) : o Cu N E C � -0 0 _ N Q a C a) co > CO CO > O U C ° 'n'— ° moo Q- - 0 Cu a)� Ao ������ 0 O O u O 4= c Eo a. a >, lt_ �c_o� (6 0 U) �- U c C O 2 U C C4- O O C m m16 a ' E C m - Va. C 0 "= O O U O CO C Q 0 0 t6 a) Cu N 0 ca N U Q U a ` 0C u a 0 � �� �OcV 0� c_�'6 N to CU a U 2 0 a) -W a) q N G FL< E< �_OQ Q �� ''' 0 � 0 O C a CD E � CA m H w O O Q 0-C e7 O� W a) Z w o CU = ,� x O 0 c o 2 (1) E Z C._5 O . U o C o O 0 w t w a o 0 ° U Q a. 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E ^ � N �' 06 ° 5 0 C�c_ a rc r0 0&- _a�E _�- a Yo- � E 2 aa) m a CU 7 2 a. -J Q Z U 0 O N O L C O C O a) U a � L O y — Cu O O Q 0- O_ Q m m m� 3 a CU E m � Q Cu C 0 c a) E _ — O Q C L U L f0 C i Co CU Y «.. OU m to O CO N N U a) 'r Co Co �= O Co ry °- � a) }, Co CU cA F- a) AS CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 - A RESOLUTION APPROVING THE FINAL PLAT FOR MEADOWS OF BLOOMFIELD P 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 3rd Addition, legally described as: Outlot C and Outlot E, 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 3rd Addition for single family and townhouses between Connemara and the DNR pond; and WHEREAS, the Planning Commission of the City of Rosemount found the Meadows of Bloomfield 3` Addition Final Plat consistent with the Preliminary Plat as it was approved; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Meadows of Bloomfield 3` Addition, 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 Plat for Meadows of Bloomfield 3 Addition; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Meadows of Bloomfield 3 Addition, 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. Recording of a conservation easement protecting the 75 ft. Wetland buffer area affecting Lots 12 -21, Block 3 in accordance with related conditions of preliminary plat approval in a form acceptable to the City Attorney. 4. Approval of the Dakota County Plat Commission in accordance with the Contiguous Plat Ordinance. 5. Payment of all associated development fees including (but not limited to) Storm water, Sanitary Sewer and Water access charges, G.I.S. and Park Dedication as specified in the Meadows of Bloomfield. RESOLUTION 2004 - 6. - Atwood Path (northernmost southwest to northeast street adjacent to the DNR Pond) shall be renamed Atwater Path. 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: 2 009 oot oor o oor \ �t: .;jam r• Jt • u, :.i_ j � n: �.d / /" Y to r0 it M. cu I yr / 0 .0 r, s H .L, lM� . 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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 3rd Addition, which land is legally described on Attachment One, attached hereto and hereby made apart 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. 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. 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. 4. 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: Plan A -- Plat Plan B -- Soil Erosion Control Plan and Schedule 1 Meadows of Bloomfield Y Addition 04/13/04 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 June 1, 2006. 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 #380, shall be designed, inspected, surveyed and administered by the City and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks/Pathways (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 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. 2 Meadows of Bloomfield 3` Addition 04/13/04 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 Two Hundred Thousand Dollars ($200,000) 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. 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. e. Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of One Million, Twenty -five Thousand, Four Hundred Dollars ($1,025,400) (which is 110% of the estimated construction costs ($1,114,000) 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. 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 Subject 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 City with a cash escrow or two (2) individual irrevocable letters of credit from a bank ( "security") for: 3 Meadows of Bloomfield 3` Addition 04/13/04 a.) $ 99,000 Landscaping b.) $121,000 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 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. 1L 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 4 Meadows of Bloomfield 3`d Addition 04/13/04 Cost 110% Landscaping 90,000 99,000 Grading & Erosion Control 25,000 27,500 Pond Restoration and Erosion Control Removal 25,000 27,500 Survey Monumentation 28,000 30,800 Retaining Walls - - -- - - -- Street Li tin (8 lights) 32,000 35,200 Buffer Monumentation - - -- - - -- Park E ui ment/Irn rovements - - -- - - -- Wetland Restoration/Mitigation -- - - -- Wetland Monitoring - - -- - - -- Total 110,000 121,000 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. 1L 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 4 Meadows of Bloomfield 3`d Addition 04/13/04 Cost 110% Landscaping 90,000 99,000 Total 90,000 99,000 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. 1L 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 4 Meadows of Bloomfield 3`d Addition 04/13/04 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 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 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. 5 Meadows of Bloomfield 3 rd Addition 04/13/04 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 C I\ 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. 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. 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 $265,028 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: $189,380 Engineering Fees $ 10,000 Attorney Fees $ 55,700 5 % City Fees $ 960 Street Light Energy Cost $ 8,988 Seal Coating $265,028 If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 10 days of the request. 6 Meadows of Bloomfield Y Addition 04/13/04 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: A. Park dedication fees in the amount of $ -0 -. (Fees paid in full with 1 St Addition) B. Geographic Information System (GIS) fees in the amount of $3,080. C. Storm Sewer Trunk Area Charges in the amount of $1 16,022. D. Sanitary Sewer Trunk Area Charges in the amount of $25,740.40. E. Watermain Trunk Area Charges in the amount of $101,693.60. 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: 7 Meadows of Bloomfield Y Addition 04/13/04 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 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. 8 Meadows of Bloomfield 3 rd Addition 04/13/04 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, 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 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. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Agreement without the written permission of the City Council. 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, 9 Meadows of Bloomfield 3 rd Addition 04/13/04 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 10 Meadows of Bloomfield 3d Addition 04/13/04 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). 11 Meadows of Bloomfield 3` Addition 04/13/04 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 "a Addition Final Plat c. Meadows of Bloomfield 3 rd 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 STH3 between Connemara Trail & 132 "d 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. 1