HomeMy WebLinkAbout6.m. Rosemount Village Center Final Plant and Subdivision AgreementCITY OF ROSEMOUNT
Everything's Coming Up Rosemount!!
MEMO
TO: Mayor and Council Members
FROM: Andrew J. Brotzler, P.E., City Engineer
DATE: July 16, 2002
RE: Revisions to Rosemount Village Center Subdivision Agreement
_Bern v m.
CITY HALL
2875 145Th Street West
Rosemount, MN
55068-4997
Phone: 651 -423 -4411
Hearing Impaired 651.423.6219
Fax: 651 423 -5203
Attached is a revised Subdivision Agreement for Rosemount Village Center. Modifications have
been made to the fees.
SUBDIVISION AGREEMENT
Rosemount Village Center
AGREEIIENT dated day of 2002, by and between the CITY OF RoSEbtoUNT, a
Minnesota municipal corporation. "City and CHIPPENDALE /42 PARTNERSHIP. a Minnesota limited
liability corporation, (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 he known as Rosemount Village Center, 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.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the
plat if the Developer has breached this Contract and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development density,
lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter. notwithstanding anything in this
Agreement to the contrary, to the full extent permitted by state law the City may require
compliance with any amendments to the City's Comprehensive Guide Plan, official controls,
platting or dedication requirements enacted after the date of this Agreement.
5. Development Plans. The subject property shall be developed in accordance with the following
plans. original copies of which are on file with the City Public Works Director. The plans may be
prepared. subject to City approval, after entering this Agreement, but before commencement of
any work on the Subject Property. If the plans vary from the written terms of this Agreement, the
written terms shall control. The plans are:
Plan A Plat
Plan B Soil Erosion Control Plan and Schedule
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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. Suneying and Staking of work required to be performed by the Developer.
D. Gas. Electric, Telephone, and Cable Lines
E. Site Grading
F. Landscaping
G. Site and Utility Improvements
H. Sidewalks
(Hereinafter referred to as the "Developer Improvements
And other items as necessary to complete the development as stipulated herein or in other
agreements.
7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by June 15, 2003. 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. Article 8 deleted in its entirety.
9. Article 9 deleted in its entirety.
10. Securih 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 for $78,100, which is 1 10% of the estimated cost
of the Developer Improvements. The amount of the security was calculated as follows:
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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 the
City during the installation of Public Infrastructure Improvements.
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Cost
110%
Grading 8. Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$5.000
$5,500
Survey Monumentation
$2.500
$2,750
Landscaping
515.000
$16.500
Retaining Walls
-0-
-0-
Street Lighting (4 lights)
$16,000
$17,600
Buffer Ntonumentation
-0-
Park Equipment /Improvements
-0-
Wetland Restoration/Mitigation
-0-
Wetland Monitoring
-0-
Sidewalk
$7,500
$8,250
Total
$71,000.00
$78,100.00
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 the
City during the installation of Public Infrastructure Improvements.
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13. Erosion Control. Prior to site grading, and before any utility construction is commenced or
building permits are issued, the erosion control plan, Plan 13, 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 constniction
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
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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. Responsibilitv 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
$10,980 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
6,000
2,000
2,500
480
-0-
$10,980
Engineering Fees
Attorney Fees
5% City Fees
Street Light Energy Cost
Seal Coating
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
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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 $5.320.80.
B. Geographic Information System (GIS) fees in the amount of $292.64.
C. Storm Sewer Trunk Area Charges in the amount of $11,905.29.
D. Sanitary Sewer Trunk Area Charges in the amount of $2,540.68.
E. Watermain Trunk Area Charges in the amount of $9.683.86.
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 $1,200).
B. Storm Sewer Connection Charges per acre of impervious surface (currently at $4,475).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,060 /S.AC unit).
D. Water Availability Charges (varies per size of meter)
E. Park Dedication Fees per lot:
Lot 2. Block I $2,497.82
Lot 3. Block 1 S2,749.08
Lot 4, Block 1 $4,212.30
F. GIS Fees per lot:
Lot 2, Block 1
Lot 3, Block 1
Lot 4, Block 1
$137.38
$151.20
$231.68
G. Storm Sewer Trunk Area Charge per lot:
Lot 2, Block 1 $5.588.37
Lot 3, Block 1 $6.151.07
Lot 4, Block 1 $9,425.02
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H. Sanitary Sewer Trunk Area Charge per lot:
Lot 2, Block 1 51,192.71
Lot 3, Block 1 $1,312.69
Lot 4, Block 1 $2,011.37
I. Watermain Trunk Area Charge per lot:
Lot 2. Block 1 $4,546.03
Lot 3, Block 1 $5.003.33
Lot 4. Block 1 $7.666.39
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.
J. 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 streets and utilities referred to in paragraph 5 and 6 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, couty, 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
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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.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
G. This Agreement shall run with the land and may be recorded against the title to the property.
The Developer shall take such steps, including execution of amendments to this Agreement,
as are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this Contract, at the Developer's request, the City will execute and
deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
the City, at law or in equity. or under any other agreement, and each and every right, power
and remedy herein set forth or otherwise so exciting tnay be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of
the right to exercise at any time thereafter any other right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the City
Council.
24. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents. or mailed to the Developer by registered mail at the
following address:
Chippendale /42 Partnership
15055 Chippendale Avenue
Rosemount, MN 55068
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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.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA
COUNTY OF DAKOTA
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
of the said
Drafted By:
City of Rosemount
28 145th Street West
Rosemount, MN 55068
Ss
CITY OF ROSEMOUNT
BY:
BY:
BY:
BY:
Cathy Busho, Mayor
Linda Jentink, City Clerk
Its
Its
The foregoing instrument was acknowledged before me this day of
2002, by Cathy Busho. 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
The foregoing instrument was acknowledged before me this day of
2 002 by and
a on behalf
Notary Public
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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 (5800 /acre). Note: The minimum bond amount is set at 525,000.
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 1 10% 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 (54,000 per light has been used to calculate
this cost).
Buffer Monumentation An amount equal to 1 10% 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 1 10% of the cost to develop new wetlands should the
mitigation not be effective (520,000 per acre of mitigation).
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ATTACHMENT ONE
(Legal Description)
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