HomeMy WebLinkAbout6.f. Brockway Reflections Final Plat, Planning Case 04-53-FP and Subdivision Development Agreementrw
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CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: September 21 2004
ISSUE
The reflections final plat creates the first development area for street, utility and housing
construction in the southeast corner of the Brockway area. The area is defined by the right-
of-way for future public streets that `quarter' the Brockway area with the "round- about" in the
center. In addition, right -of -way will be dedicated for the north -south street and the street
east of the round- about. Lastly, outlots will be created for the various park land and future
blocks for apartments, senior condos and townhouses along Connemara Trail on the
southern edge of the plat.
PLANNING COMMISSION REVIEW
The Planning Commission adopted the recommended action with no concerns identified. No
public hearing is required for final plats that are consistent with the preliminary plat.
BACKGROUND
The Brockway area has previously been subdivided into the "outlots of Brockway ", a series
of large outlots that correspond to combinations of housing blocks separated by future street
corridors.
Applicant & Property Owner(s): Contractor Property Developers Company
Location: Brockway site east of Highway 3, between County Road 38
(132 Street) and Connemara Trail.
Total area: 59.79 acres
Units anticipated: 178 out of 624 total
Unit analysis: Row house units: 24
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Comp. Guide Plan Desig:
Current Zoning:
Development Review Status:
Planning Commission Action:
Garden units: 16
Urban Villa II units: 40
Gable II units: 98
Urban Residential, High Density Residential. Parks & Open
Space
R -1, Low Density Residential
Preliminary Plat Approval (Resolution 2004- 85);
Outlots of Brockway final plat approval (Resolution 2004-
86)
Recommendation of approval (4 -0)
SUMMARY -
The Reflections final plat has been compared with the approved preliminary plat. The lots,
blocks and street right -of -way of the final plat are checked for consistency with the
preliminary plat. In some cases, shifting occurs, especially with the implementation of plan
revisions resulting from conditional approval.
In the case of the Reflections final plat, Outots B, C, E, F and G; the Park parcel and housing
blocks 4 and 5 are consistent with the preliminary plat.
Some shifting has occurred with the configuration of housing blocks 1, 2 and 3. are the block
"widths. Brick Path (formerly Outlot J) is a private through- street that was required to be 28
feet wide to accommodate all of the traffic generated from these three blocks. As the street
and Outlot J were widened, the blocks were correspondingly squeezed. Staff was concerned
that the result might be inconsistent with the preliminary plat as approved in terms of building
relationships. Westwood Professional Services, the developer's consultant has provided a
drawing illustrating the setbacks and resulting clearance between the buildings. A minimum
of sixty -two feet is needed for the 22- foot wide private shared driveway and the opposite
buildings with 20 ft. setbacks. The drawing shows solid rectangles illustrating the building
footprints. Dashed lines that seem to encroach into the gap between buildings represent the
decks above the garages which cantilever about eight feet out over the driveway. In
addition, the centerline of the pipeline separating outlot H from Lot 6, Block 1 seems to have
an additional ten feet of separation from the units in lot 6, Block 1. Staff is satisfied that the
final plat does not create any situations that have caused inconsistencies with the preliminary
plat.
CONCLUSION `
Staff can support the final plat as being consistent with the preliminary plat. The
recommended conditions acknowledge the role of Dakota County and MnDOT in approving
the final plat, and securing infrastructure through execution of the subdivision development
agreement.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 -
A RESOLUTION APPROVING THE FINAL PLAT
. FOR BROCKWAY REFLECTIONS
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Contractor Property Developers Company (CPDC) on August 9, 2004
requesting a Final Plat for the Brockway Reflections, legally described as:
Outlots B, C, D and F, OUTLOTS OF BROCKWAY, according to the recorded plat thereof, Dakota
County, Minnesota.
WHEREAS, on September 14, 2004, the Planning Commission of the City of Rosemount`
reviewed the Final Plat for Brockway Reflections for the Brockway site eat of Highway 3,
between County Road 38 (132 Street) and Connemara Trail; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Final Plat for Brockway Reflections, subject to conditions; and
WHEREAS, on September 21, 2004, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the Final Plat for Brockway Reflections.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Brockway Reflections, subject to:
1. Approval of the Dakota County Plat Commission.
2. Approval of the Minnesota Department of Transportation.
3. Execution of a subdivision development agreement to secure public
infrastructure and private improvements including landscaping.
4. Payment of all development related fees as detailed in the correspondence
from the Director of Parks and Recreation to Mr. Dave Hempel
representing Contractor Property Developers Company (the developer)
dated August 25, 2004.
ADOPTED this twenty -first day of September, 2004 by the City Council of the City of
Rosemount.
William H. Droste, Mayor
RESOLUTION 2004 -
ATTEST:
Linda Jentink, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
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SUBDIVISION AGREEMENT
Reflections
AGREEMENT dated day of , 2004, by and between the CITY OF ROSEMOUNT, a
Minnesota municipal corporation, ( "City "), and CONTRACTOR PROPERTY DEVELOPERS 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 Reflections, which land is legally described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property").
2. Conditions of Plat Approval The City has approved the subdivision and the plat on the
following conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
conservation areas, streets and utilities.
e. Developer will deliver warranty deeds of park and Outlot E to the City within 60 days of
execution of this Agreement or per Exhibit B.
f. Cash payment of $246,500 for future County Road 381mprovements, which includes right turn
lane on County Road 38.
g. Cash payment of $184,621 for storm sewer improvements at Connemara Trail as part of City
Project #343. This amount is an estimate and the Developer shall be responsible for the actual
final costs.
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
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the Subject Property. If the plans vary from the written terms of this Agreement, the written terms
shall control. The plans are:
Plan A --
Plat
Plan B --
Soil Erosion Control Plan and Schedule
Plan C --
Drainage and Storm Water Runoff Plan
Plan D --
Plans and Specifications for Public Improvements
Plan E --
Grading Plan and House Pad Elevations
Plan F --
Street Lights
Plan G --
Landscape Improvements
6. Installation by Developer The Developer shall install or cause to be installed and pay for the
following:
A. Street Lights
B. Setting of Lot and Block Monuments
C. Surveying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone, and Cable Lines
E. Site Grading
F. Landscaping
(Hereinafter referred to as the "Developer Improvements ")
And other items as necessary to complete the development as stipulated herein or in other
agreements.
7. ' Time of Performance The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by September 15 , 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 #381, per the approved
plans and specifications titled "Reflections Street and Utility Improvements and Appurtenant Work"
dated August 17, 2004, and City Project #387 per the future plans for County Road 38 Improvements
and the continuance of Brockway Avenue, 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 (Exhibit D)
E. Sidewalks/Pathways (Exhibit D)
(Hereinafter referred to as "Public Infrastructure Improvements ")
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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 or
easements provided and the City has received the bonds and security required by this agreement.
The City will participate in trunk oversizing costs for sanitary sewer and watermain construction per
the Feasibility Report "Brockway Residential Addition Street and Utility Improvements and
Appurtenant Work" dated July 6, 2004.
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 Four Hundred Thousand
Dollars ($400,000) 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 ten (10)
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 One Million, Eight Hundred Thousand
Dollars ($1,800,000) (which is 110% of the estimated construction costs ($2,000,000) less
the initial deposit), conditioned on the prompt and faithful performance by Developer of its
obligations under this paragraph 9. This letter of credit may be combined with any other
letter of credit given to secure performance under this Agreement provided the form thereof
is approved by the City.
e. In the event City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, City may, at
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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:
a.) $148,500 Landscaping
b.) $112,750 All Other Improvements
which is 110 % of the estimated cost of the Developer Improvements. The amount of the security
was calculated as follows (see Exhibit C for further details):
Refer to Exhibits A and C 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
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Cost
110%
Landscaping
$135,000
$148,500
Grading & Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$12,500
$13,750
Retaining Walls
0.00
0.00
Street Lighting (10 lights)
$40,000
$44,000
Buffer Monumentation
0.00
0.00
Park Equipment/Improvements
0.00
0.00
Wetland Restoration/Mitigation
0.00
0.00
Wetland Monitoring
0.00
0.00
Total
$102,500
$112,750
Refer to Exhibits A and C 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
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Cost
110%
Landscaping
$135,000
$148,500
Total
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Refer to Exhibits A and C 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
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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
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
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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 shall 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 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 reasonable costs, damages or
expenses which the City may pay or incur in consequence of such claims, including
attorney's fees associated with the Subject Property.
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
$463,740 less the initial deposits of $95,000 for a total of $368,740 shall be deposited with
the City at the time this Agreement is signed, and represent the following estimates:
$340,000 Engineering Fees
$ 10,000 Attorney Fees
$100,000 5% City Fees
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$ 1,200 Street Light Energy Cost (10 lights)
$ 12,540 Seal Coating
<$ 95,000> Initial Engineering Deposits
$368,740 TOTAL
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 by the City 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 $383,400 or per Exhibit B.
B. Geographic Information System (GIS) fees in the amount of $9,790.
C. Storm Sewer Trunk Area Charges in the amount of $179,157.
D. Ponding Fees in the amount of $53,240.
E. Sanitary Sewer Trunk Area Charges in the amount of $30,196.
F. Watermain Trunk Area Charges in the amount of $119,298.
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).
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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 SAC unit (currently at $1,340 /SAC unit for single family
residential and multi - family residential).
21. Building Permits No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
F. All building permit fees are paid in full.
F. Early building permits may be issued at the discretion of the City Engineer.
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.
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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.
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. Compliance with PUD Agreement. There is a certain Planned Unit Development Agreement,
dated August 17, 2004, entered into between the Master Developer and the City (the "PUD
Agreement'). The PUD Agreement contain various restrictions and requirements with respect to the
development of Brockway Area PUD and its Neighborhoods, the construction of homes and other
Improvements, and the use and maintenance of various spaces owned or to be owned by the Master
Association, one or more Neighborhood Associations, or the City. The Master Developer, the
Developer, the Master Association and the Association shall comply in all respects with the PUD
Agreement.
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A. In the event of a failure to comply, the City may (i) enter the Property and cure the non-
compliance or (ii) compel compliance by any legal or administrative means available to it
under existing laws, ordinances, codes or regulations.
B. Prior to undertaking any action to cure the noncompliance, the City shall give written notice
to the Master Association and the Association and to the Master Developer or Developer,
responsible for the noncompliance, and the responsible party shall have thirty days thereafter
to cure the noncompliance; except, that in the event of an emergency, the City may act
immediately provided that it makes a reasonable effort to give the previously described
notice. Except in an emergency, notice shall be mailed, or hand delivered during business
hours, to the party in question at its last known business address on the City's records.
C. The City shall be entitled to recover against the Association the City's costs and expenses,
including reasonable administrative costs and attorney's fees, incurred in undertaking or
enforcing compliance with the PUD Agreement.
D. The City shall have easements over the Property for reasonable access in the event that it is
required to enforce its rights under this section.
25. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at the
following address:
Contractor Property Developer Company
3030 Centre Pointe Drive, Suite 800
Roseville, MN 55113
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, 2875145 Street West, Rosemount, Minnesota 55068.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Linda Jentink, City Clerk
BY:
Its
BY:
Its
STATE OF MINNESOTA
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
2004, by William H. Droste, Mayor, and Linda Jentink, City Clerk, of the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2004 by , and
a , on behalf
of the said
. Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, MN 55068
11 Brockway Development
09/14/04
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control - A restoration and erosion control bond to ensure revegetation and erosion
control ($3,500 /acre). Note: The minimum bond amount is set at $25,000.
Pond Restoration/Erosion Removal — A security to allow for cleaning of sedimentation ponds prior to City
acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of adjoining lots (estimated Lump Sum).
Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond for that cost is not required.
Retaining Walls — An amount equal to 110% of the cost to complete the retaining wall construction.
Street Li ting — 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).
12 Brockway Development
09/14/04
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control — A restoration and erosion control bond to ensure revegetation and erosion
control ($3,500 /acre). Note: The minimum bond amount is set at $25,000.
Pond Restoration/Erosion Removal — A security to allow for cleaning of sedimentation ponds prior to City
acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of adjoining lots (estimated Lump Sum).
Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the
development.
Landscgping — 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 Brockway Development
09/02/04
., CITY 0F ROSEMOUNT
PARKS €r RECREATION
"The Benefits Are Endless"
August 25, 2004
Dave Hempel
CPDC
3030 Centre Pointe Drive
Suite 800
Roseville, MN 55113
Re: Park Improvements — Brockway Development
Dear Mr. Hempel:
EXHIBIT B
ROSEMOUNT COMMUNITY CENTER
AND ARENA
13885 South Robert Trail
Rosemount, MN 55068 -3438
Main: 651- 322 -6000
Fax: 651- 322 -6080
TDD: 651.322 -6032
Information Line: 952- 985 -1280
The Parks and Recreation Commission recently discussed the park dedication and construction of the
public parks within the Brockway Development and made the following recommendations based on the
development having been approved for 624 housing units:
• Land Dedication - Based on the approved preliminary plat Outlot L (labeled Park in the Final
Plat) will be dedicated with the first final plats being submitted. Also based on the preliminary
plat, Outlot M ( Outlot E in the Final Plat) will be dedicated before June 1, 2005.
Cash Dedication in Lieu of Land -- The total required park dedication is 24.96 acres. The City is
giving credit for 12.18 acres (Park as titled in the final plat is 10.39 acres minus .98 acres for. the
pipeline easement and Outlot E is 3.97 acres minus 1.20 acres easement) thus 12.78 acres will be
paid as cash in lieu of land. The Parks and Recreation Commission recommended the cash
dedication fees be made in two payments. The first payment will be for $383,400 (6.39 acres at
$60,000) to be paid with the Reflections final plats including the area labeled Park. The second
payment for the remaining 6.39 acres and will be made prior to June 1, 2005 in conjunction with
the dedication. of Outlot E, based on the park dedication fee at the time of payment.
• Construction of Park — The Parks and Recreation Commission did not change their previous
recommendation which was to have the City coordinate construction of the public park areas.
Please call me at 651- 322 -6012 if you have any questions.
Sincerely,
Dan Schultz
Director - of Parks and Recreation
CC: Anthony Aderhold, Project Engineer
Andy Brotzler, City Engineer
Rick Pearson, City Planner , „, IWPL
Kim Lindquist, Community Development Director Vh
EXHIBIT C
i .titter of (''redit fnr npvnlnnnr imnrnvmmantc
No.
Item
Cost
110%
Calculation
1
Grading and Erosion Control
$ 25,000
$ 27,500
Min. $25,000 (grading LOC received
2
Pond Restoration and Erosion Control Removal
$ 25,000
$ 27,500
Estimate of first payment
3
Survey Monumentation
$ 12,500
$ 13,750
$500/Lot * 25 Lots
4
Retaining Wall
$ .
$
6
5
Street Lights
$ 40,000
$ 44,000
$4000/Li t * 10 Lights
6
Buffer Monumentation
$ -
$
7
Park Equipment/Improvements
$ -
$ _
8
Wetland Restoration/Mitigation
$ -
$
9
Wetland Monitoring
$ -
$ -
Total
$ 102,500 1
$ 112,750
Letter of Credit for Public infrastructure
No.
Item
Cost
110%
Calculation
1
Estimated Construction Cost
$ 2,000,000
$ 2,200,000
Per Engineer's Estimate (not u dated)
2
Less Initial Cash Deposit
3
$ 400,000)
Estimate of first payment
Estimated Construction Cost* 5%
Total
Street Light Energy Cost
$ 148,500
10 Lights * 24 Months * $5 /month
5
Total
$ 12,540
$ 1,800,000
6
Letter of Credit for Lnndscanino
No.
Item
Cost
110%
Calculation
1
Estimated Landscaping Cost
$ 135,000
$ 148,500
Per memo from Westwood
$ 10,000
Estimate
3
5% City Fees
$ 100,000
Estimated Construction Cost* 5%
Total
Street Light Energy Cost
$ 148,500
10 Lights * 24 Months * $5 /month
rift Fee..-
No.
Item
Cost
Calculation
1
Engineering Fees
$ 245,000
Estimated Construction Cost * 17% less initial deposits of $95,000
2
Attorne Fees
$ 10,000
Estimate
3
5% City Fees
$ 100,000
Estimated Construction Cost* 5%
4
Street Light Energy Cost
$ 1,200
10 Lights * 24 Months * $5 /month
5
Seal
$ 12,540
1 Street Area (20,900 S) * $0.60 /SY
6
Total
$ 368,740
$4,010 /acre * total acreage minus park dedication
Develonment Fees
No.
Item
Cost
Calculation
1
Park Dedication
$ 383,400
$60,000 /acre * 6.39 acres or per Exhibit B
2
GIS Fees
$ 9,790
$55/Lot or Unit (178 Units
3
Storm Sewer Trunk Charge
$ 179,157
$4,575 /acre * total acreage minus poncling to HWL
4
Pondin Fees
$ 53,240
Based on Poncling Fee Calculation Worksheet (attached
5
Sanitary Sewer Trunk Area Charge
$ 30,196
$1,015 /acre * total acreage minus park dedication
6
Watermain Trunk Area Charge
$ 119,298
$4,010 /acre * total acreage minus park dedication
Total
$ 775,081
No. Lots
Block Total Lots
Areas
Parcel Acres Pipeline Easement
1 6
2 5
3 4
4 2
5 8
Total 25
Total Plat Area= 58.79 acres
Gross Dev. Area = 39.16 acres
Ponding to HWL= 0 acres
Park Dedication= 9.41 acres
Bound Total Plat 58.79
Oulot A 0.4
Outlot B 2.05
Outlot C 3.58
Outlot D 0.37
Outlot E 3.97 1.2
Outlot F 2.61
Outlot G 7.42
Outlot H 0.99
Outlot I 0.28
Outlot J 0.93
Outlot K 0.64
Park 10.39 0.98
R/W 1 9.05
R/W 2 0.18
Development Name: Reflections
Date of Plans: August 17, 2004
Date of Fee Calculation: September 14, 2004
1. Is off -site ponding provided? If no, no fee required and skip Y N
to Item 2. If yes, skip to Item 3.
2. Is on -site ponding oversized at the request of the City? If
yes, skip to Section III. If no, enter $0 in Item II.5 and skip Y N
to Section V
3. Circle applicable fee scale:
a. 1 -3 lots /acre: $2,613 /acre
5.9 acres < 3 lots /ac. (x) $2613 = $15,678
b. Greater than 3 lots /acre: $3,920 /acre
32.6 acres > 3 lots/ ac. (x) $3920 = $127,792
c. Commercial /Industrial: $6,098 /acre
1.8 acres commercial (x ) $6098 = $ 10,976.40
4. Determine Ponding Fee:
Equation: (Item I.7)(Fee scale in Item 3)= Ponding Fee
Total Ponding Fee = $154,446.40 Total Site 113.6 acres) $1359.56 /acre
Calculations performed by Date
November 6, 2003
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August 25, 2004
Dave Hempel
CPDC
3030 Centre Pointe Drive
Suite 800
Roseville, MN 55113
ROSEMOU NT
PARKS & RECREATION
Benefits Are
Re:, Park Improvements - Brockway Development
Dear Mr. Hempel:
ROSEMOUNT COMMUNITY CENTER
AND ARENA
13885 South Robert Trail
Rosemount, MN 55068 -3438
Main: 651- 322 -6000
Fax: 651- 322 -6080
TDD: 651.322 -6032
Information Line: 952 -985 -1780
The Parks and Recreation Commission recently discussed the park dedication and construction of the
public parks within the Brockway Development and made the following recommendations based on the
development having been approved for 624 housing units:
Land Dedication - Based on the approved preliminary plat Outlot L (labeled Park in the Final
Plat) will be dedicated with the first final plats being submitted. Also based on the preliminary
plat, Outlot M ( Outlot E in the Final Plat) will be dedicated before June 1, 2005.
Cash Dedication in Lieu of Land — The total required park dedication is 24.96 acres. The City is
giving credit for 12.18 acres (Park as titled in the final plat is 10.39 acres minus .98 acres for the
pipeline easement and Outlot E is 3.97 acres minus 1.20 acres easement) thus 12.78 acres will be
paid as cash in lieu of land. The Parks and Recreation Commission recommended the cash
dedication fees be made in two payments. The first payment will be for $383,400 (6:39 acres at
$60,000) to be paid with the Reflections final plats including the area labeled Park. The second
payment for the remaining 6.39 acres and will be made prior to June 1, 2005 in conjunction with
the dedication of Outlot E, based on the park dedication fee at the time of payment.
• Construction of Park — The Parks and Recreation Commission did not change their previous
recommendation which was to have the City coordinate construction of the public park areas.
Please call me at 651- 322 -6012 if you have any questions.
Sincerely,
Dan Schultz
Director of Parks and Recreation
CC: Anthony Aderhold, Project Engineer
Andy Brotzler, City Engineer
Rick Pearson, City Planner p�qnWmmcKledpq-,
Kim Lindquist, Community Development Director ;« '