HomeMy WebLinkAbout6.n. Rosemount Crossing Proposed Revision to Resolution 2004-124, Final Plat and Subdivision AgreementCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: October 19, 2004.
AGENDA ITEM: Rosemount Crossing, Proposed Revision
AGENDA SECTION:
to Resolution 2004 -124, Final Plat and
Consent
Subdivision Development Agreement.
PREPARED BY: Rick Pearson, City Planner,
AGE #6 IN'
Anthony Aderhold, Project Engineer
ATTACHMENTS: Proposed revised resolution 2-4 -124,
Draft Subdivision Development
APPROVED BY:
Agreement with final plat attach
RECOMMENDED ACTION:
Motion to rescind Resolution 2004 -124, A resolution approving the preliminary plat and
planned unit development (PUD) Final Plan for Rosemount Crossing.
- and -
Motion to adopt a revised resolution approving the preliminary plat and planned unit
development (PUD) Final Plan for Rosemount Crossing.
- and -
Motion to adopt a resolution approving the final plat for Rosemount Crossing subject to
conditions.
- and –
Motion to authorize execution of the subdivision agreement for Rosemount Crossing.
ACTION:
ISSUE
The developer of Rosemount Crossing has requested that the Resolution approving the PUD
for Rosemount Crossing be revised to eliminate specific references to brand name
occupants. Staff has no objection to this, and has revised the resolution to refer to the uses
at issue in a generic manner. The developer has requested other revisions as well, however,
staff is not currently in support of those revisions. Developer requested changes to
conditions 23 and 25 would alter the intent of the approvals. Staff is recommending that the
original Resolution 2004 -124 be rescinded and replaced with a new resolution with the
modified condition. The new resolution is preferable to a separate corrective resolution that
would modify # 25 of 2004 -124, which could potentially be missed by a future person
checking the original resolution.
The final plat is consistent with the final planned unit development. The attached subdivision
development agreement is structured to secure public and private infrastructure.
The plat was included with the various final PUD reviews at the September 14, 2004 Planning
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 -
A RESOLUTION APPROVING THE PREMILINARY PLAT AND PLANNED
UNIT DEVELOPMENT (PUD) FINAL PLAN FOR ROSEMOUNT CROSSING
WHEREAS, the Community Development Department of the City of Rosemount
received an application from Steiner Development, Incorporated, requesting a
Preliminary Plat and Planned Unit Development (PUD) Final Development for the
Rosemount Crossing, legally described as:
Marian Terrace excepting therefrom that part now platted as Marian Terrace Replat and
also excepting therefrom that part now platted as Marian Terrace Replat 2 nd Addition,
according to the plat thereof on file and of record in the Office of the Registrar of Titles
in and for said County of Dakota and State of Minnesota.
Together that portion of public lands vacated in,Document No. 11942 filed June 21,
1955, which accrue to subject premises.
WHEREAS, on June 21, 2004, the applicant submitted a revised site plan that responded
to some staff identified concerns, where upon the Planning Commission of the City of
Rosemount continued the public hearing for the Planned Unit Development Concept Plan
to July 14, 2004 to provide sufficient time to review the revised plans; and
WHEREAS, on July 2, 2004 the applicant submitted another revised PUD Concept Plan
for the project renamed Rosemount Crossing addressing additional concerns.
WHEREAS, on July 14, 2004, the Planning Commission reviewed the revised concept
PUD for Rosemount Crossing and received comments at the continued public hearing;
and
WHEREAS, the Planning Commission adopted a motion to recommend that the City
Council approve the Planned Unit Development Concept Plan for Rosemount Crossing,
subject to conditions; and
WHEREAS, August 2 2004, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation, the Planned Unit Development Concept Plan
for Rosemount Crossing.
WHEREAS, the Council of the City of Rosemount approved the Plan Unit Development
Concept Plan for Rosemount Crossings, subject to conditions; and
WHEREAS, on September 14, 2004, the Planning Commission adopted a motion to
recommend that the City Council approved the Preliminary Plat and Planned Unit
Development Final Plan for Rosemount Crossing, subject to conditions; and
WHEREAS, on October 19, 2004, the Council of the City of Rosemount hereby
approves the Preliminary Plat and Planned Unit Development Final Plan for Rosemount
Crossing.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount
hereby approves the Preliminary Plat and Planned Unit Development Final Plan for
Rosemount Crossing, subject to:
1. Execution and recording of a PUD agreement to assure the property is developed
and used in accordance with the plan documents received on September 23, 2004
and this resolution. To the extent of any inconsistencies between this resolution
and the approved declaration of covenants and restrictions, the latter will control.
2. The development shall include a 6,500 sq. ft. restaurant with the first phase of
construction unless otherwise specified in the PUD agreement.
3. Incorporation of recommendations of the City Engineer regarding drainage,
erosion control, grading, street, storm water and utility design including the
following specifics:
a. A maintenance agreement shall be required for the underground storm water
storage system prior to the issuance of a Building Permit.
b. The sanitary sewer shall be reconfigured to utilize the two stubs already
present on -site.
c. The plans shall conform to all City of Rosemount Engineering Standards and
guidelines and address comments specifically listed in the following report.
d. Dedication of right -of -way for the street connection between Camero Lane
and Cambrian Avenue and provision of funds necessary to construct the street
to City standards.
e. Obtain a MnDot access permit.
4. Reconstruction of Cambrian Avenue for exclusive access into the Rosemount
Crossing site and provision of landscaping for screening adjacent residential uses.
In consideration that site access is located within the public right -of -way, the City
may at its own discretion take over the driveway within Cambrian Avenue for
public access purposes.
5. Plan revisions to eliminate setback and sight - triangle encroachments of the
monument signs along Highway 3 at the corners with County Road 42 and
Cambrian Avenue, and setback encroachments along Highway 3 and County
Road 42 for ground signs,
6. Ground signs shall have monument bases consistent in width with the sign face,
and consistent with building architecture and materials. Three ground signs are
permitted within the entire PUD consistent with the approved site plan. All
freestanding signs may not exceed the height width and sign tenant into and logo
than the plan dated 9/2/04 and received by the City on 9/23/04.
7. Implementation of the revised landscaping plan received on September 23, 2004,
and further refinements to the plan:
a. Provide additional plantings within the normal parking setback area along
Highway 3 to immediately and effectively screen the drive- through from
2.
south -bound traffic year round achieving 90% opacity to a height of three feet.
b. Reduce the overall percentage of Ash trees to no more than 25% (currently
more than 50% of all boulevard trees).
c. To coordinate with grading revisions associated with the emergency storm
water overflow.
8. All landscape areas including parking lot islands shall be irrigated.
9. Pedestrian or service doors entering into the drive- through lane shall not be
permitted in the 4,200 sq. ft. restaurant, or delivery times will be restricted to
periods exclusive of drive- through service availability.
10. Provision of a sign plan for consistency of design of wall signs. The sign plan
should designate a sign band for sign placement on each building, the type of
signs acceptable on the site, and the sign area for each tenant space. This sign
plan or covenant serve as the sign regulations for the entire property and will
supersede City adopted ordinance regulations.
11. The grocery building shall not have additional tenant signs located outside of the
E.I.F.S. sign locations near the entrances and windows. A PUD amendment shall
be required if the building is proposed to be altered for multiple uses or tenants.
12. Construction of the sidewalk / trail connection to Camfield Park consistent with
specifications of the Parks and Recreation Director.
13. Approval of the Dakota County Plat Commission including provision of
additional right -of -way for County Road 42
14. Sidewalks intersecting with driveways shall emphasize the pedestrian crossings
with pavement detail including either textured concrete or brick pavers.
15. Incorporation of Recommendations from the Parks and Recreation Commission
for Park Dedication in the amount of $64,710 based upon current fee resolution.
16. The four light fixtures lining the outer edge of the retail building service area shall
be reduced to 20 maximum heights. Parking lot lighting and wall lighting must be
complementary to the light standards along Hwy 3. Light fixtures A -3, all D and
E fixtures shall be "Acorn" style fixtures as installed along highway 3.
17. The light fixture "E-26" shall be moved out of the pedestrian ramp / curb cut
adjacent to the 22,400 sq. ft. retail building.
18. Building awnings shall be consistent with all applicable standards recommended
in the Draft Downtown Design Guidelines (Revised September 2004):
19. The applicant shall obtain necessary permits for work within right -of -way from
MnDOT and Dakota County and necessary permits from the State such as the
NPDES permit.
20. The applicant shall install masonry trash enclosures consistent with the materials
of the principal structures.
21. The applicant shall provide the three public plaza spaces shown on the final
development plan accessory to the freestanding restaurant, south of the coffee
shop, and on the southern end of the multiple tenant retail space.
22. Payment of all required development fees including park dedication fees.
23. Should the property experience a parking shortage which creates negative off -site
impacts, as determined by the City, the City may restrict the type of uses within
the project to obtain a lower demand for on -site parking. The restriction will be
based upon typical industry standards or, if found acceptable, information
3.
generated specifically for the end user.
24. The.applicant must pay for no parking signs in adjoining residential
neighborhoods if they experience on- street parking associated with the project.
25. The tenant mix is restricted to that portrayed in the October 1, 2004 parking study
referencing the following use locations and building sizes submitted by the
applicant. The indicated square footages and distribution of the uses are
considered to be maximum square footages not to be exceeded. The introduction
of non - retail uses aside from an 15,000 sq ft ALDI grocery store, a 1,800 sq ft
coffee shop, a 1,200 sq ft bagel or sandwich shop, a 6,500 sq ft full- service
freestanding restaurant, and a 3,000 sq. ft casual dining/high turnover sit -down
restaurant will not be allowed without a parking study showing that the site has
adequate parking, to be reviewed and approved by the City.
ADOPTED this Nineteenth day of October, 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:
4.
SUBDIVISION AGREEMENT
Rosemount Crossing
AGREEMENT dated day of , 2004, by and between the CITY of RosEMOUNT, a
Minnesota municipal corporation, ( "City "), and ROSEMOUNT REAL ESTATE INVESTORS, LLC. a
Minnesota Limited Liability Company, (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 Rosemount Crossing, 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 Engineer. The plans may be prepared,
subject to City approval, after entering this Agreement, but before commencement of any work on
the Subject Property. If the plans vary from the written terms of this Agreement, the written terms
shall control. The plans are:
Plan A -- Plat
Plan B -- Soil Erosion Control Plan and Schedule
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Plan C -- Drainage and Storm Water Runoff Plan
Plan D -- Plans and Specifications for Public Improvements
Plan E -- Grading Plan
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 & Erosion Control
F. Utility Plan "
G. 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 30, 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 Improvements. The Developer shall also install or cause to be installed and
pay for the following Improvements, which are hereinafter referred to as the "Public Infrastructure
Improvements ":
a. All sanitary sewer improvements to be installed within any public right -of -way or drainage
and utility easements.
b. All watermain improvements to be installed within any public right -of -way or drainage and
utility easements.
C.
d.
e.
All storm sewer improvements to be installed within any public right -of -way or drainage and
utility easements.
All public street improvements to be constructed within any public right -of -way.
All sidewalks or pathways to be constructed within any public right -of -way or public
easements.
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The Public Infrastructure Improvements shall be constructed in accordance with the Plans. The
attached Exhibit C depicts the area within which the Public Infrastructure Improvements are to be
constructed.
Developer shall obtain any required permits from the Minnesota Pollution Control Agency,
Department of Health or other governmental agencies and provide to the City before proceeding with
construction of the Public Infrastructure Improvements.
9. Deposit for Cost of Public Infrastructure Improvements (Section deleted in entirety)
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.) $82,500 Landscaping
b.) $180,950 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 and Exhibit B for an explanation of each item.
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Cost
110%
Landscaping
$75,000
$82,500
Grading & Erosion Control
$25,500
$28,050
Pond. Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$2,000
$2,200
Retaining Walls
-0-
-0-
Street Lighting (3 lights)
$12,000
$13,200
Buffer Monumentation
-0-
-0-
Park Equipment/Improvements
-0-
-0-
Wetland Restoration/Mitigation
-0-
-0-
Wetland Monitoring
-0-
-0-
Public Infrastructure Improvements
$100,000
$110,000
Total
$164,500
$180,950
Refer to Exhibit A and Exhibit B for an explanation of each item.
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Cost
110%
Landscaping
$75,000
$82,500
Total
Refer to Exhibit A and Exhibit B for an explanation of each item.
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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 Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If,the
installation of utilities is occurring simultaneously with.the grading, the utility contractor shall have
preference over the grading activities. No substantial grading activities can be completed over
installed utilities unless otherwise protected. All improvements to the lots and the final grading shall
comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City during the installation of Public Infrastructure Improvements.
13. Erosion Control Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved
by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within
72 hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast - growing seed suitable to the existing soil to provide
a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right -of -way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is 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
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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 24 hours verbal notice to the Developer, the City will complete or contract to complete
the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13.
The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the
establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit
A.
16. Ownership of Improvements Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public rights -of-
way and easements shall become City property without further notice or action unless the
improvements are slated as private infrastructure.
17. Warranty The Developer warrants all work required to be performed by it against poor material
and faulty workmanship for a period of two (2) years after its completion and acceptance by the
City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for
twelve (12) months after planting.
18. Responsibility for Costs
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Subject Property including, but not limited
to, Soil and Water Conservation District charges, legal, planning, engineering and inspection
expenses incurred in connection with approval and acceptance of the subdivision and the
plat, the preparation of this Agreement and any amendments hereto, and all costs and
expenses incurred by the City in monitoring and inspecting 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
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$23,310 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
$15,000 Engineering Fees
$ 2,500 Attorney Fees
$ 5,000 5% City Fees
$ 360 Street Light Energy Cost
450 Seal Coating
$23,310
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. The following fees, charges and assessments shall be payable at the time of issuance of building
permits by the applicants for such permits for construction of buildings on the individual lots
designated in the plat:
A. Park Dedication fees in the amount of $64,701.
B. Geographic Information System (GIS) fees in the amount of $791
C. Storm Sewer Trunk Area Charges in the amount of $27,357.
D. Sanitary Sewer Trunk Area Charges in the amount of $7,297.
E. Watermain Trunk Area Charges in the amount of $28,828.
Or such other amounts for such fees as in effect at the time of building permit issuance.
The above fees, charges and assessments totaling $128,974, shall be allocated and payable with
respect to each of the lots, as follows:
LOT 1: Park Dedication $19,112
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GIS $ 234
Storm Sewer Trunk $ 8,332
Sanitary Sewer Trunk $ 2,155
Watermain Trunk $ 8,515
LOT 2: Park Dedication $ 6,764
GIS $ 83
Storm Sewer Trunk $ 2,055
Sanitary Sewer Trunk $ 763
Watermain Trunk $ 3,014
LOT 3: Park Dedication $12,047
GIS $ 147
Storm Sewer Trunk $ 4,741
Sanitary Sewer Trunk $ 1,359
Watermain Trunk $ 5,367
LOT 4: Park Dedication $26,780
GIS $ 327
Storm Sewer Trunk $12,230
Sanitary Sewer Trunk $ 3,020
Watermain Trunk $11,932
Refer to Exhibit B for additional explanation of each item.
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 commercial rates (currently at $1,525 /acre).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,125 /SAC unit).
D. Water Availability Charges per water meter size.
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.
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D. The first lift of bituminous is in place and approved by the City.
C. All building permit fees are paid in full.
F. No early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays,
incurred by the City, in the construction of public improvements, caused by the Developer, its
employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be
issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the
City, unless otherwise authorized in writing by the City Engineer.
22. 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.
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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.
L 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:
Rosemount Real Estate Investors, LLC
Attn: David L Kordonowy
3610 County Road 101
Wayzata, MN 55391
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 Rosemount Crossing
10/1504
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 Rosemount Crossing
10/1504
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 Rosemount Crossing
10/1504
EXHIBIT B
Page 1 of 2
Letter of Credit for Developer Improvements
No.
Item
Cost
110%
Calculation
I
Grading and Erosion Control
$ 25,500
$ 28,050
$3,500 /acre or a minimum of $25,000
2
Pond Restoration and Erosion Control Removal
$ 25,000
$ 27,500
$ 5,000
3
Survey Monumentation
$ 2,000
$ 2,200
$500/Lot * 4 Lots
4
1 Retaining Wall
$ -
$ -
6
5
Street Lights
$ 12,000
$ 13,200
$4000/Li ht * 3 Lights
6
Buffer Monumentation
$ -
$
$ 128,974
7
Park Equipment/Improvements
$ -
$
8
Wetland Restoration/Mitigation
$ -
$
9
Wetland Monitoring
$ -
$ -
10
Public Infrastructure Improvements
$ 100,000
$ 110,000
Total
$ 164,500
$ 180,950
Letter of Credit for Landscaninu
No.
Item
Cost
110%
Calculation
1
Estimated Landscaping Cost
$ 75,000
$ 82,500
Per Rick Pearson
$ 2,500
Estimate
3
5 % City Fees
$ 5,000
Estimated Construction Cost * 5%
Total
Street Light Energy Cost
$ 82,500
10 Lights * 24 Months * $5 /month
Citv Fees
No.
Item
Cost
Calculation
1
Engineering Fees
$ 15,000
Estimated plan review, design, and construction services
2
Attorney Fees
$ 2,500
Estimate
3
5 % City Fees
$ 5,000
Estimated Construction Cost * 5%
4
Street Light Energy Cost
$ 360
10 Lights * 24 Months * $5 /month
5
Seal Coatin
$ 450
Street Area (750 S) * $0.60 /SY
6
Total
$ 23,310
$1,015 /acre * total acreage minus park dedication
Develonment Fees
No.
Item
Cost
Calculation
1
Park Dedication
$ 64,701
$90,000 /acre * (10% of 6.487 acres)
2
GIS Fees
$ 791
$110 per acre * 7.189 acres
3
Excess Storage Credit
$ (532)
0.26 acre -feet for live pool & 0.07 acre -feet for NURP @ $1.00 /CY
4
Excess Land Credit for Storm Pond
$ (5 000 )
Excess land credit for 0.10 acres $50,000 /acre
5
Total Storm Sewer Trunk Area Charge with Credits
$ 27,357
$4,575 /acre * total acreage minus ondin to HWL
6
Sanitary Sewer Trunk Area Charge
$ 7,297
$1,015 /acre * total acreage minus park dedication
7
Watermain Trunk Area Charge
$ 28,828
$4,010 /acre * total acreage minus park dedication
Total
$ 128,974
EXHIBIT A
Page 2 of 2
No. Lots Areas
Block Total Lots Parcel Acres
1 4 Boundary (Total Plat) 7.189
Lot 1 1.948
Lot 2 0.576
Lot 3 1.163
Lot 4 2.800
-- Total 4 ROW 0.702
Pro Rated ROW 0.1755
Total Plat Area= 7.189 acres
Gross Dev. Area 7.189 acres Lot 1 2.124
Ponding to HWL= 0 acres Lot 2 0.752
Park Dedication= 0 acres Lot 3 1.339
Lot 4 2
Storm Credit Pro Rated $ 1 383
Lot I Park $ 19,112
GIS $ 234
Storm $ 8,332
Sanitary , $ 2,155
Watermam $ 8,515
Lot 2 Park $ 6,764
GIS $ 83
Storm $ 2,055
Sanitary $ 763
Watermain $ 3,014
Lot 3 Park $ 12,047
GIS $ 147
Storm $ 4,741
Sanitary $ 1,359
Watermam $ 5,367
Lot 4 Park $ 26,780
GIS $ 327
Storm $ 12,230
Sanitary $ 3,020
Watermain $ 11,932
,
Breakout T
Total D
Difference
Check Park $
$ 64,701 $
$ 64,701 S
S
GIS $
$ 791 $
$ 791 $
$ -
Storm $
$ 27,358 $
$ 27,357 $
$ (
Sanitary $
$ 7,297 $
$ 7,297 $
$ -
Watermain $
$ 28,828 $
$ 28,828 $
$
Lot I Park $ 19,112
GIS $ 234
Storm $ 8,332
Sanitary , $ 2,155
Watermam $ 8,515
Lot 2 Park $ 6,764
GIS $ 83
Storm $ 2,055
Sanitary $ 763
Watermain $ 3,014
Lot 3 Park $ 12,047
GIS $ 147
Storm $ 4,741
Sanitary $ 1,359
Watermam $ 5,367
Lot 4 Park $ 26,780
GIS $ 327
Storm $ 12,230
Sanitary $ 3,020
Watermain $ 11,932
Lot I Park $ 19,112
GIS $ 234
Storm $ 8,332
Sanitary , $ 2,155
Watermam $ 8,515
Lot 2 Park $ 6,764
GIS $ 83
Storm $ 2,055
Sanitary $ 763
Watermain $ 3,014
Lot 3 Park $ 12,047
GIS $ 147
Storm $ 4,741
Sanitary $ 1,359
Watermam $ 5,367
Lot 4 Park $ 26,780
GIS $ 327
Storm $ 12,230
Sanitary $ 3,020
Watermain $ 11,932
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C iSc "If ' SCHOELL & MADSON, INC.
ENGINEERS • SURVEYORS * PLANNERS
SOIL TESTING • ENVIRONMENTAL SERVICES
SHEET 2 OF 2 SHEE'