HomeMy WebLinkAbout6.k. Bloomfield "Vineyards" 7th Addition Final Plat:NOLL3V rllD Ifloa ALI3
jua waiRe juauzdolanap uoisintpgns all jo uot�nooxo au1 ozuou�nu of uoT�oW
-per -
- Tp WSOMA platduzoolg JOJ field FuT3 QqT Buinozddu uminlosoi n 1dope of uoilow
:NOIJL3V (I:IGN21WW03aH
•Ield leuU oqj Surmomoo sanssi ou p - eu uoissiu tuoD Oumutlid Qu
MIIIAaH NIOISSINNO3 9MIAINVrld
•IL'Ao .iddn juld leui3 roj paiinhm si 2uireau oilgnd of l
- Buideospuul st dons sluauzazmbai juauzdolanap puL
(s3pilpjn W siowls) amlon isezjui oilgnd aril amoos of luoumni2t juauzdolanap a alguzasse of si suimoi juuj IIV
•IeAoxddujo suoillpuoo juld Smuiuzi101d ails ulTM So J OJ paUTzaA uaag sell juld oql •I?na,L exeuxauuOD
jo Isom pup SNOwI puozlTuz agj3o rhos vojunisnjo asnoqumo 1Tun -£ all aoj slol ILnpiAIPUI auk. OJEWo ll!M 1I
'sPnSOuTA PlOgwOolg PalPo nmou uoilTppV TuanaS platduzoolg QgJJo AXQTAZJ 2uiuueld jo asegd jsul aT41 sl sllgl
A�I�II�IRS
0 It'AozddV jo uollupuounwoo -d molloV uoissiURUOD 2ultmid
•pano.zddV weld juauzdolanaQ / jUld XMUTUZTIZ)Jd :snJuls loafozd
'mivapisaw )�4TsuaQ Qjrjopow `Z - g :2umoZ juanno
IpTjuapisaW uugzn :2isaQ weld aping • dmoo
'Alm- io -ig2iz iaazjs xoj paleoipop ag ol peel pine `aoeds undo
uounuoo zoj jollno auo `sliun 2uillomp of 2uipuodsarzoo slol ILnpiAtput tiS :shun / sloZ jo .zagu nN
sazoe L•ZZ :SQJOV uT Lniv
I!L'JI. WBLUauuoD puu anuaAV umgnV jo uoiloosialuT ipp apis jsarn :uoiWoo -1
sauzoH xaJuaD JO uoV QA31S :(s).zaumo Xpodozd W jueollddV
coo `S I /Inf :ajvQ Suilo;DW ITounoD STD
A
NOIL3V HOd A2IVWWf1S IIAI.Ln3IIXII
Imflowasow 30 A113
'(£O solnu!W
Od `luotuzoAV juowdolanaQ uoisiAipgnS
�tIB QIIAOHddV
`suoilonpoi juld I -eui3 `uot�nlosaZl ueja :S,LNgWHDV.LZV
9 # : !�WvQI�IIIOV
zaaui ug STD `zalzIo .Ig XpuV
IauuLt Xli:) `uosread ) toT2I :Ag (Jauvaaud
JuasuOD
Wid inuid
W0113IIS VQNIIOV
(uoiTTPPV qluanaS) « spzBXauiA„ Platduzoolg :WIIZI VQNIIOV
coo `S I /Inf :ajvQ Suilo;DW ITounoD STD
A
NOIL3V HOd A2IVWWf1S IIAI.Ln3IIXII
Imflowasow 30 A113
v
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003-
A RESOLUTION APPROVING THE
FINAL PLAT FOR
BLOOMFIELD VINEYARDS
WHEREAS, the Community Development Department of the City of Rosemount received an
application for final plat approval submitted by Centex Homes for Bloomfield Vineyards, as
required by ordinance, pertaining to land legally described as:
That part of Outlot C, BLOOMFIELD, according to the recorded plat thereof, Dakota
County, Minnesota, described as follows:
Beginning at the northeast corner of Outlot B, BLOOMFIELD 4" ADDITION,
according to the recorded plat thereof, said Dakota County, said northeast corner
is common with the southerly right of way line of Midwestern Railroad
Properties, Inc.; thence North 66 degrees 50 minutes 07 seconds East, assumed
bearing along said southerly right of way line of Midwestern Railroad Properties,
Inc., a distance of 998.81 feet; thence South 23 degrees 09 minutes 53 seconds
East, a distance of 142.86 feet; thence southeasterly along a tangential curve
concave to the northeast, having a central angle of 43 degrees 27 minutes 44
seconds and a radius of 995.00 feet, for an arc distance of 754.77 feet; thence
South 21 degrees 21 minutes 25 seconds West, not tangent to said curve, a
distance of 56.10 feet; thence southwesterly along a tangential curve, concave to
the northwest, having a central angle of 44 degrees 22 minutes 32 seconds and a
radius of 300.00 feet for an arc distance of 232.35 feet; thence South 21 degrees
25 minutes 11 seconds East, not tangent to said curve, a distance of 70.07 feet;
thence westerly along a non - tangential curve concave to the north, having a
central angle of 08 degrees 47 minutes 08 seconds and a radius of 370.00 feet, for
arc distance of 56.73 feet, the chord of said curve bears South 70 degrees 39
minutes 52 seconds West; thence South 75 degrees 03 minutes 26 seconds West,
tangent to said curve, a distance of 139.88 feet; thence southwesterly along a
tangential curve concave to the southeast, having a central angle of 31 degrees 40
minutes 48 seconds and a radius of 873.13 feet; for an arc distance of 482.77 feet
to the most northerly corner of Lot 47, Block 1, BLOOMFIELD 5 ADDITION,
according to the recorded plat thereof, said Dakota County; thence North 37
degrees 47 minutes 25 seconds West, not tangent to said curve and along the
northeasterly right of way line of Auburn Avenue, as dedicated on said
BLOOMFIELD 5TH ADDITION, a distance of 70.78 feet to the northwesterly
right of way line of said Auburn Avenue; thence southwesterly, along a non -
tangential curve concave to the southeast having a central angle of 05 degrees 18
minutes 12 seconds and a radius of 943.13 feet, for an arc distance of 87.30 feet to
the easterly line of said Outlot B, BLOOMFIELD 4 TH ADDITION, the chord of
said curve bears South 41 degrees 23 minutes 08 seconds West; thence North 51
degrees 15 minutes 58 seconds West, along said easterly line of Outlot B, a
distance of 547.58 feet; thence North 23 degrees 09 minutes 53 seconds West,
along said easterly line of Outlot B, a distance of 552.31 feet to the point of
beginning.
WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat
application for Bloomfield Vineyards at their regular meeting on June 24, 2003; and
WHEREAS, the Planning Commission adopted a motion to recommend approval of the final
plat to the City Council as required by the Subdivision Ordinance, subject to conditions; and,
WHEREAS, the City Council of the City of Rosemount reviewed the final plat application as
required by the Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby-
approves the final plat for Bloomfield Vineyards, subject to:
1. Execution of a subdivision development agreement to secure public infrastructure and
improvements to serve the development.
2. Incorporation of recommendations of the City Engineer relative to drainage, easements,
grading, public streets, and utilities.
3. Revision of the preliminary plat landscaping plan per the resolution approving the
preliminary plat.
4. The public street will be called Autumnwood Way alongs Lots 1 -30, Block 1; and
Autumnwood Trail from Lot 31, Block l out to Auburn Avenue.
5. Payment of all platting, G.I.S., Park Dedication, applicable City Review and trunk/area
fees as specified in the current fee schedule.
ADOPTED this 15t day of July, 2003, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
2
a
0
s
z
3 y
3O
"O
� � c. off.
•. _Red
\
Ar
s
Y.
Ic
y¢$
n
;
s
\
zk
43
\
�
1
a
q
q
a
2
H
q
A ��7111
° � 0
1 l
O v
T
4
G
�i.
\ ss
Y •
I
U J o .aA �
N
4L1
�jOiC i YS SLR
C SC
;; ---
O
(,OS
f
4 6 0
-
nq o
m
a
0
s
z
3 y
3O
"O
4
e39
Ar
s
4
r
V
4
x
°pR ^: R,a 3 X3$38 RB, 9 iZ
Zia
is3g eQa $3o�aNe6aa, a
sRRn "=3�R
hu -
23 }
8aa eta $° 33 33p "� 8.•3 $,30
$�d,4w 3m o^
F °m yo'4 "S tom wl tm sk R " % 't A ��$23'3s'b ° C
J.' � a R R8e3 ;:3'og ^B�.,UOa84n4^ a$
a
4
y
s
s
O
° O
a z$U1 3° Y O
a a"
p I� Aa 8� i n8 Eo Y t£
n R
t 3 n
I
,33
a z$U1 3° Y O
a a"
p I� Aa 8� i n8 Eo Y t£
n R
t 3 n
I
SUBDIVISION AGREEMENT
Bloomfield Vineyards Addition
AGREEMENT dated day of , 2003, 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 Vineyards 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, streets and
utilities.
e. Conformance with the conditions of Resolution 2003 -49 (Preliminary Plat Approval).
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
1
Bloomfield Vineyards Addition
06/26/03
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 July 31, 2004. 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 #368, 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 Vineyards Addition
06/26/03
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 Three Hundred Seventy -Two Thousand Dollars
($372,000) (which is 110% of the estimated construction costs ($ 520,000) less the initial
deposit), conditioned on the prompt and faithful performance by Developer of its obligations
under this paragraph 9. This letter of credit may be combined with any other letter of credit
given to secure performance under this Agreement provided the form thereof is approved by
the City.
e. In the event City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, City may, at
its option, assess the 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 irrevocable letter of credit -from a bank ( "security ") for $268,400, which is l 10%
3 Bloomfield Vineyards Addition
06/23/03
T
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 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
4 Bloomfield Vineyards Addition
06/23/03
Cost
110%
Grading & Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$50,000
$55,000
Survey Monumentation
$27,000
$29,700
Landscaping
$85,000
$93,500
Retaining Walls
-0-
-0-
Street Lighting 5 lights)
$20,000
$22,000
Buffer Monumentation
$600
$660
Park Equipment/Improvements
-0-
-0-
Wetland Restoration/Mitigation
$28,400
$31,240
Wetland Monitoring
$8,000
$8,800
Total
$244,000
$268,400
Refer to Exhibit A for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the
City Administrator. The letter of credit shall be automatically renewable until the City releases
the developer from responsibility. The letter of credit shall secure compliance with the terms of
this Agreement and all obligations of the Developer under it. The City may draw down on the
letter of credit without notice if the obligations of the Developer have not been completed as
required by this Agreement. In the event of a default under this Subdivision Agreement by the
Developer, the City shall furnish the Developer with written notice by certified mail of
Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not
remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter
of credit. With City approval the letter of credit may be reduced from time to time as financial
obligations are paid and developer installed improvements completed to the City's requirements.
11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and
approved by the City Public Works Director. The completion of grading activities will need to
be coordinated by the City in conjunction with the installation of utilities. Developer shall
furnish the City Public Works Director satisfactory proof of payment for the site grading work
and shall submit a certificate of survey of the development to the City as the site grading is
completed by phase, with street and lot grades. If the installation of utilities is occurring
simultaneously with the grading, the utility contractor shall have preference over the grading
activities. No substantial grading activities can be completed over installed utilities unless
otherwise protected. All improvements to the lots and the final grading shall comply with the
grading plan as submitted and shall be the responsibility of the Developer.
12. License The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by
4 Bloomfield Vineyards Addition
06/23/03
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
establishment of turf. These items are to be secured through the letter of credit as is noted in
Exhibit A.
I
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.
5 Bloomfield Vineyards Addition
06/23/03
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
$123,600 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
$88,400 Engineering Fees
$5,000 Attorney Fees
$26,000 5% City Fees
$600 Street Light Energy Cost
$3,600 Seal Coating
$123,600
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
6 Bloomfield Vineyards Addition
06/23/03
$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 $25,200.
B. Geographic Information System (GIS) fees in the amount of $2,970.
C. Storm Sewer Trunk Area Charges in the amount of $60,492.
D. Sanitary Sewer Trunk Area Charges in the amount of $23,523.
E. Watermain Trunk Area Charges in the amount of $91,260.
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 $1,275).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit
(currently at $1,135).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,090 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,275 /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.
E. All building permit fees are paid in full.
7 Bloomfield Vineyards Addition
06/23/03
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays,
incurred by the City, in the construction of public improvements, caused by the Developer, its
employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be
issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by
the City, unless otherwise authorized in writing by the City Public Works Director.
22. Developer's Default In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, levy the cost in whole or in part as a special assessment against the Subject
Property. Developer waives its rights to notice of hearing and hearing on such assessments and
its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081.
23. Miscellaneous
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision or the plat or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is
for any reason held invalid, such decision shall not affect the validity of the remaining portion
of this Agreement.
E. For consideration of early building permit issuance, the Developer, shall submit a written
request with exhibits demonstrating access to site, fire protection, and how building
construction will be of minimal disturbance to City's contractor.
F. If building permits are issued prior to the completion and acceptance of public improvements,
the Developer assumes all liability and costs resulting in delays in completion of public
improvements and damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents or third parties.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
8 Bloomfield Vineyards Addition
06/23/03
failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
H. This Agreement shall run with the land and may be recorded against the title to the property.
The Developer shall take such steps, including execution of amendments to this Agreement,
as are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this Contract, at the Developer's request, the City will execute and
deliver to the Developer a release.
I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
the City, at law or in equity, or under any other agreement, and each and every right, power
and remedy herein set forth or otherwise so exciting may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of
the right to exercise at any time thereafter any other right, power or remedy.
J. The Developer may not assign this Agreement without the written permission of the City
Council.
24. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered
to the Developer, its employees or agents, or mailed to the Developer by registered mail at the
following address:
Centex Homes
12400 Whitewater Drive
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 Vineyards Addition
06/23/03
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 , 2003, 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
2003 by and
a , on behalf
of the said
Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, MN 55068
10 Bloomfield Vineyards Addition
06/23/03
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 %0 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% o of the cost to develop new wetlands should the
mitigation not be effective ($20,000 per acre of mitigation).
11 Bloomfield Vineyards Addition
06/23/03
Planning Commission Meeting Minutes
June 24, 2003
Page 2
TION by Weisensel to continue the public hearing until July 8, 2093. Second by Zum.
Ayes: eisensel, Messner, Zum, Anderson, Napper. Nays: 0. on carried.
Old Business: rmsteads Zoning Text Amend
Staff has further revs the ordinance langua designate the seven properties eligible for the
exception as defined at t st meeting. er the direction of the Commission, Staff also
revised the language to include r etail on the exterior building materials allowed on these
seven properties. The revised 1 gu also defines barns and pole buildings.
There was further dis sion on approved ma 0 'als and the orientation of those materials.
MOTION essner to recommend that the City Coun ' a prove the zoning text amendment
for tr ' tonal farmsteads. Second by Zum. Ayes: Messner, , Anderson, Weisensel. Nays:
per. Motion carried.
New Business: Bloomfield 7t (Vineyards) Addition Final Plat
This is the last phase of the planning review and will create the lots for the 3 -unit townhomes.
The plat is consistent with the preliminary plat and meets the conditions of approval. A
development agreement will be needed to secure the public infrastructure and development
requirements.
MOTION by Messner to recommend that the City Council approve the Final Plat for
Bloomfield 7 th Addition subject to:
1. Execution of a subdivision development agreement to secure public infrastructure and
improvements to serve the development.
2. Incorporation of recommendations of the City Engineer relative to drainage, easements,
grading, public streets and utilities.
3. Revision of the preliminary plat landscaping plan per the resolution approving the
preliminary plat.
4. The public street will be called Autumnwood Way along Lots 1 -30, Block l; and
Autumnwood Trail from Lot 31, Block 1 out to Auburn Avenue.
5. Payment of all platting, G.I.S., Park Dedication, applicable to City Review and trunk/area
fees as specified in the current Fee schedule.
Second by Napper. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion
carried.
ew Business: Minea Property Draft
The rpose of this draft EAW is t entify potential en ' onmental impacts asso ' ed with the
project d to determine if an vironmental Impact Stateme necessary. ie EAW is
mandatory to the siz the development and is required to be Zbnapleled prior to the City
issuing any appr or the project. The development is 155 acr and t re about 392 total
units. The E as ratified potential environmental imp and mitigation mea for
those im s. The impac an usually be reduced by r ucing density. The main impacts
sign' ant stone water pondng ds to be pro
vi and possibly traffic with potential for a