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HomeMy WebLinkAbout6.j. Bloomfield 7th Addition Final Platr CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Anna r1amuu %- Vinlimooavia ­_­.3 - - - — AGENDA ITEM: Final Plat — Bloomfield 7 d ' Addition AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P., Assistant City Planner AGENDA ATTACHMENTS: Site Location Map, Final Plat, Final Plat APPROVED BY: Resolution, Preliminary Plat Resolution, Subdivision Agreement Applicant: Centex Homes Location: Northwest of Connemara Trail and South of Railroad Line Property Owner(s): Centex Homes Area in Acres: 27.1 (Approximately) Number of Lots Proposed: 33 Single Family lots Proposed density: 1.2 dwelling units per acre Comp. Guide Plan Desig: Urban Residential Current Zoning: R -1, Single Family Residential Planning Commission Action: Recommended approval 4 -0 on January 13, 2004. SUMMARY The applicant, Centex Homes, requests final plat approval to subdivide approximately 27.1 acres of the Bloomfield development into 33 single- family lots. The attached final plat is consistent with the terms and conditions of the preliminary plat. Therefore, staff recommends that the City Council approve this request. The Planning Commission reviewed this item on January 13, 2004 and voted 4 -0 to recommend approval by the City Council. This recommendation is subject to the conditions listed below. 1. Compliance with the requirements for final plat including execution of a subdivision development agreement to secure public infrastructure and private improvements including sidewalks and/or trails and landscaping. - 2. Compliance with all recommendations by the Interim City Engineer as specified in the memo dated May 31, 2001, relative to easements, grading, plat issues, sanitary & storm sewer, watermain and ponds, street design, rights -of -way and utilities. 3. Approvals as needed from applicable agencies and pipeline companies for public and private use of easement areas. The applicant shall specifically demonstrate that Lots 13 and 14, Block 1 have the ability to access 140 Street through a paved driveway. 4. Payment of all applicable development fees as specified in the 2004 fee resolution including GIS fees. 5. Rename Avanti Street to Avanti Avenue. RECOMMENDED ACTION: Motion to adopt a resolution approving the Bloomfield 7t Addition final plat request from Centex Homes to subdivide approximately 27.1 acres of the Bloomfield development into 33 single-family and enter into a subdivision agreement. CITY COUNCIL ACTION: SITE MAP VOTE: Dimensions rounded to nearest foot. :opyright 2004, Dakota County this drawing is neither a legally recorded map nor a survey and is not intended to be used as one. 'his drawing is a compilation of records, information anc data located in various city, county, and Male offices and other sources, affecting the area shown, and is to be used for reference purposes )nly. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are ound, please contact Dakota County Survey and Land Information Department. A N Aap Date: January 8, 2004 Parcels Updated: 12/11/2003 Aerial Photography � g � a 2 C-) �cm � � � � < - � . - c . Z / \ \ \ : \ R 2 ! \ � �} Q! / � b| / • // • ` ;� �\ ; /! � � � � < - � \ ! \ \ - - . . . b \} . ■! �,! �!| i! /�{ }!!!! 4E �° © E! 2\ «a� @E Q e -All \ � ,} / §! 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I I I Resolution 2004 - CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 - A RESOLUTION APPROVING THE FINAL PLAT FOR BLOOMFIELD 7 TH ADDITION WHERAS, the Community Development Department of the City of Rosemount received an application from Centex Homes for approval of the Final Plat for Bloomfield 7" Addition; and WHERAS, the Bloomfield 7 th Addition is located northwest of Connemara Trail and south of railroad line; and WHERAS, the Bloomfield 7 th Addition consists of 33 single family lots on approximately 27.1 acres of land; and WHERAS, on June 18, 2001, the City Council of the City of Rosemount approved the Preliminary Plat for Bloomfield Addition (Resolution 2001 — 63); and WHERAS, on January 13, 2004, the Planning Commission of the City of Rosemount reviewed the Final Plat for Bloomfield 7 th Addition and recommended approval, subject to conditions; and WHERAS, on February 3, the City Council of the City of Rosemount reviewed the Final Plat for Bloomfield 7 th Addition; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Bloomfield 7 th Addition subject to: Compliance with the requirements for final plat including execution of a subdivision development agreement to secure public infrastructure and private improvements including, but not limited to, sidewalks and /or trails and landscaping. 2. Compliance with all recommendations by the Interim City Engineer as specified in the memo dated May 31, 2001, relative to easements, grading, plat issues, sanitary & storm sewer, watermain and ponds, street design, rights -of -way and utilities. 3. Approvals as needed from applicable agencies and pipeline companies for public and private use of easement areas. The applicant shall specifically demonstrate Resolution 2004 - that Lots 13 and 14, Block 1 have the ability to access 140 Street through a paved driveway. 4. Payment of all applicable development fees as specified in the 2004 fee resolution including GIS fees. Rename Avanti Street to Avanti Avenue. ADOPTED this 3 rd day of February, 2004, by the City Council of the City of Rosemount. William Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: MEMORANDUM DATE: January 5, 2004 TO: Kim Lindquist — Community Development Director Jamie Verbrugge — City Administrator Andrew Brotzler — City Engineer Dan Schultz — Parks and Recreation Director Rick Pearson — City Planner CC: Steve Volbrecht — Centex Dwight Jelle — Westwood FROM: Anthony Aderhold, Project Engineer RE: Bloomfield 7"' Addition Final Plat Comments Upon review of the Bloomfield 7 th Addition Final Plat dated December 3, 2003 and received on December 8, 2003 the Engineering Department does not have any comments at this time. If you have any questions or comments regarding the items listed above, please contact me at 651- 322 -2022. GA2003\Planning Cases \03 -015FP Bloomfield 7th Add\Engineering Memo.doc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001.- 63 A RESOLUTION APPROVING PRELIMINARY PLAT FOR BLOOMFIELD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from Centex Homes for approval of the Preliminary Plat for Bloomfield Addition; and WHEREAS, on May 8, 2001, the Planning Commission of the City of Rosemount reviewed the Preliminary Plat for Bloomfield Addition and recommended approval, subject to conditions; and WHEREAS, on June 18, 2001, the City Council of the City of Rosemount reviewed the Preliminary Plat for Bloomfield Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Preliminary Plat for Bloomfield Addition, subject to: 1. Conformance with requirements for final plat for each phase and execution of a subdivision agreement for each final plat. 2. Plan revisions as necessary to eliminate the 10 lot dimension variances and allow Lots 13 and 20, Block 3 variances. ' 3. Plan revisions as necessary to incorporate recommendations by the Interim City Engineer specified in his attached correspondence, dated May 31, 2001, relative to easements, grading, plat issues, sanitary & storm sewer, watermain and ponds, street design, rights -of- way and utilities. 4. Approval of the Dakota County Plat Commission in accordance with the contiguous plat ordinance. 5. Approvals as needed from applicable agencies and pipeline companies for public and private use of easement areas. 6. Park dedication in a form as recommended by the Parks and Recreation Committee. 7. Sidewalks and trails installed by the Developer as identified by Staff. 8. Enhancement of landscaping alone CSAH 42 within areas not screened by 6ft. high (along rear yards) berms. 9. Lot lines extended into ponding areas, requiring maintenance by the individual property owners or homeowners' association, subject to an easement in favor of the city. 10. Additional sidewalk installed on Street L between Block 8 and Block 9. 11. Additional sidewalks along both sides of Street C and the north side of Street B in Blocks 12 and 13, the carriage home area. Resolution 2001- 63 ADOPTED this 18` day of June, 2001, by the City Council of the City of Rosemount. ATTEST: 1 Linda Jentink, ti C� Clerk Motion by: R Voted in favor: Voted against: Member absent i ley Seconded by: B us h o Riley, Edwards, Klassen, Cisewski & Busho None None ROSEMOU NT Everything's Coming Up Rosemount!! CITY HALL 2875 — 145th Street West Rosemount, N1N 55068.4997 Phone: 651-423-4411 Hearing Impaired 651.423.6219 Fax: 651 - 423 -5203 Memorandum To: Honorable Mayor and City Council From: Bret A. Weiss, P. E. Interim City Engineer Re: Bloomfield Preliminary Plat Comments WSB Project No. 1005 -391 Date: May 31, 2001 We have reviewed the preliminary plat submittal dated May 8, 2001, which is a completely revised submittal from the original application. We have attempted to address the major issues with this memo and reserve the right to make additional comments as necessary. Our comments are as follows: Plat Issues 1. The town home lots located north of Bloomfield Path should be platted as individual lots, not combined as shown. 2. Street D should be shown on the plans as Auburn Avenue. 3. The right -of -ways for Bloomfield Path and Auburn Ave should be increased to accommodate a 42' wide street and the proposed pathway /sidewalk sections, including 8 -foot boulevards. 4. The street for Block 13 should be revised to match up with Street B. 5. This plat includes numerous 90° corners, which cannot accommodate the typical 30 mph curves. The City has allowed these in the past, but would prefer to maximize the radii on these types of curves. 6. Street L has less than a 90° corner, which should be revised to a minimum 90 curve. 7. The City is in the process of evaluating the overpass location and the location as shown is subject to modification. C: !mndows17E1.1P1053101- hm -ccdoc All drainage swales must be contained within easements. 9. The eyebrow cul -de -sac in Block 7 should be eliminated. 10. The street widths throughout the plat are shown narrower than the current City standards. The City standards are 32 feet face -to -face for most streets, 28 feet face -to -face for private streets and larger for collector streets. Bloomfield Path and Auburn Ave should be a minimum 42' face -to -face width, as they will serve a collector function. If Bloomfield Path, adjacent to the park is anticipated to include on street parking, the width should be expanded to a minimum 44' width. 11. An expanded easement will be necessary along portions of the MCES sanitary sewer line where the pipe is outside the street. 12. Streets F and L could serve as future minor collectors, depending on how the plats to the east are developed and should be held to the minimum City standard 32' face -to -face width. Gradin_Z plan The grading plan should include lot pad elevations and lot types. 2. The pond in the southeast corner of the site should be self - contained within the site so that it does not spill onto the adjoining site. The erosion control measures and plan should be put on a separate page. The erosion control plan as shown does not currently address the City requirements. 4. The grading plan does not show the proposed sidewalk and pathway locations. 5. The park area should be graded as required by the Parks Department. 6. Provide an earthwork analysis for the proposed grading plan to verify the site balance. All streets shall include only sand sub grade and pathway /sidewalks should include a 1' sand sub base. 7. The large stockpile located north of Bloomfield Path in the Park area should be removed and graded to the Parks Department satisfaction. The proposed berms at the intersection of Auburn Ave and CSAH 42 should be evaluated for site distance issues. 9. The berm along CSAH 42 is lowered from the original grading plan. C.• I windowJ17LVfP1053101 -hm-cc doc Sanitary Sewer and Watermain: The plan identifies the installation of a sanitary sewer lift station. We would prefer to utilitize gravity systems if possible. It appears that this can be accomplished by revising the housing styles. Additional justification will be required to justify the proposed lift station. 2. A portion of Block 11 can be connected to the gravity sewer, but is proposed to connect to the proposed lift station. This should be revised. 3. A 16" watermain needs to extend along Bloomfield Path to the east edge of the plat and a 16" watermain will be extended along Auburn Ave from CSAH 42 to the north plat boundary. 4. There are many locations where the watermain dead ends should be looped to another watermain and should be adjusted accordingly. Storm sewer /ponds The proposed storm sewer system is not sized on the plan and does not include invert elevations. The storm sewer design and calculations should be provided for review and elevations on sizes shown on the plan. 2. The future publicly designed storm sewer system will not include catch basin MHs or allow cutting across property lines. 3. Several of the proposed ponding areas do not include the required maintenance bench. 4. The City has made it a practice to avoid rear yard catch basins. This plan has utilized a substantial number of these rear yard catch basins, which should be reevaluated for need. We would prefer to utilize 2% positive drainage swales. Any catch basin that is deemed necessary to remain will need to be analyzed to verify easement requirements. 5. Show the existing storm sewer that discharges into the site from the north. 6. Some adjustments to the pond elevation will be required, however the storage does appear to be in place. Both ponds are very deep and may be in conflict with future City standards with regard to infiltration and oversizing. Please call me at (763) 287 -7190 if you have any questions or comments. C: ImndowsITE�f?x531 01 -hm-cc.doc SUBDIVISION AGREEMENT Bloomfield 7th 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 Bloomfield 7 th 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. 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: Plan A -- Plat Plan B -- Soil Erosion Control Plan and Schedule 1 Bloomfield 7` Addition 01/26/04 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 15, 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 #384, 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 Bloomfield 7` Addition 01/26/04 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. Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of Seven Hundred Forty -six Thousand Eight Hundred Dollars ($746,800) (which is 110% of the estimated construction costs ($860,727) 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 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 Bloomfield 7 th Addition 01/26/04 a.) $49,500 Landscaping b.) $127,050 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. 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 4 Bloomfield 7` Addition 01/26/04 Cost J 110% Landscaping $45,000 $49,500 Grading & Erosion Control $25,000 $27,500 Pond Restoration and Erosion Control Removal $50,000 $55,000 Survey Monumentation $16,500 $18,150 Retaining Walls I - - - - -- - - - - -- Street Lighting (6 lights) $24,000 $26,400 Buffer Monumentation - - - - -- - - - - -- Park Equipment /Improvements - - - - -- - - - - -- Wetland Restoration/Mitigation - - - - -- - - - - -- Wetland Monitoring - - - - -- - - - - -- Total J $115,500 $127,050 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 4 Bloomfield 7` Addition 01/26/04 Cost 110% Landscaping $45,000 $49,500 Total $45,000 $49,500 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 4 Bloomfield 7` Addition 01/26/04 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 in accordance with Landscape Plans approved by the City Planner. 15. Clean up . The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or 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 5 Bloomfield 7 th Addition 01/26/04 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. 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 $222,960 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: $160,960 Engineering Fees $ 5,000 Attorney Fees $ 47,340 5% City Fees $ 720 Street Light Energy Cost $ 8,940 Seal Coating $222,960 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 6 Bloomfield 7` Addition 01/26/04 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 -. B. Geographic Information System (GIS) fees in the amount of $1,815. C. Storm Sewer Trunk Area Charges in the amount of $92,186.25. D. Sanitary Sewer Trunk Area Charges in the amount of $20,685.70. E. Watermain Trunk Area Charges in the amount of $81,723.80. 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 (currently at $510 /unit). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,125 /SAC unit). D. Water Availability Charges per SAC unit (currently at $1,340 /SAC unit for single 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. 7 Bloomfield 7` Addition 01/26/04 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. 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. 8 Bloomfield 7 th Addition 01/26/04 F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 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 20 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 Bloomfield 7` Addition 01/26/04 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT William H. Droste, Mayor Linda Jentink, City Clerk r' - 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. STATE OF MINNESOTA SS COUNTY OF DAKOTA Notary Public The foregoing instrument was acknowledged j efore me this "Iday of , 7rt 1 2004 by S GOff gfa"14 .✓ Ai�,►.� /'n 6 a (fZd� 7L , on behalf of the said �2���/y! IF N ary Public Drafted By: City of Rosemount ■ ■ 2875 145th Street West O MY ROXANNE MARIE KRAAI Rosemount MN 55068 NOTARY PUBLIC - MINNESOTA Comm. Expires Jan. 31, 2007 ■ v+ n ^rvsnnnrvnnwv� ^nnnn/wwv�n�v�r ■ 1 Bloomfield 7th Addition 01/26/04 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/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). 11 Bloomfield 7` Addition 01/26/04