HomeMy WebLinkAbout6.k. Approve Petition/Waiver Agreement & Amendment for Outlots of Evermmoor, City Project #330AGENDA ITEM: Petition /Waiver Agreement Amendment for
Outlots of Evermoor, City Project #330
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P E City Engineer
AGENDA: #6
ATTACHMENTS: Petition and Waiver Agreement,
Amendment, Resolution
APPROVED BY:
a
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION APPROVING THE PETITION
AND WAIVER AGREEMENT AND AMENDMENT FOR THE OUTLOTS OF EVERMOOR STREET
AND UTILITY IMPROVEMENTS, CITY PROJECT #330
COUNCIL ACTION:
2
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: May 21, 2002
As previously discussed with Council, the developer of Evermoor, Contractor Property
Development Company has requested that a portion of the project costs associated with
Connemara Trail Phase 1, City Project #330 be levied as special assessments to the property
Attached is a Petition and Waiver Agreement and Amendment to the Outlots of Evermoor
Subdivision Agreement
Staff recommends Council approval of the Petition /Waiver Agreement and Addendum.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2002
A RESOLUTION RECEIVING PETITION AND WAIVER AGREEMENT AND
AMENDMENT FOR
OUTLOTS OF EVERMOOR STREET AND UTILITY IMPROVEMENTS
CITY PROJECT #330
WHEREAS, the City Council of the City of Rosemount has received a petition and waiver agreement and
amendment from the property owner who will benefit from the proposed Outlots of Evermoor Street and
Utility Improvements, City Project #330
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount as follows
ATTEST
(1) A certain petition requesting utility and street improvements to their property, filed with the
Council on May 21. 2002, is hereby declared to be signed by the required percentage of
owners of property affected thereby This declaration is made in conformrt} to Minnesota
Statutes, Section 429 035
(2) The petition is hereby referred to the City Engineer and that person is instructed to report to
the Council with all convenient speed advising the Council in a preliminary way as to
whether the proposed improvement is necessary, cost effective, and feasible and as to
whether it should best be made as proposed or in connection w ith some other improvement,
and the estimated cost of the improvement as recommended
(3)
A Waiver Agreement and Amendment was filed with the City Council on May 21, 2002
stating the owner would waive rights to a public hearing and take responsibility for all
charges incurred with this project
ADOPTED this 21 day of May, 2002.
Linda Jentink, City Clerk
Cathy Busho, Mayor
Motion by Seconded by
Voted in favor:
Voted against
This Agreement made this day of by and between the Crt} of
Rosemount, a Minnesota municipal corporation "City and a
"Owner
WITNESSETH
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property
located m the City, the legal description of which is Outlot C, Outlots of Evermoor, Dakota County,
Minnesota, and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property as described in Exhibit A, attached hereto and hereby made a part hereof
(hereinafter referred to as the "Improvement Project and
WHEREAS, the Owner wishes the City to construct the Improvement Project without
notice of hearing or heanng on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy $2,000,000 of the
cost of the Improvement Project against the Subject Property, and
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to finance all of the costs of the
Improvement Project, and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit of, the Owner
CI L- 213939v1
RS220 -112
PETITION AND WAIVER AGREEMENT
1
7 Owner represents and warrants that the Subject Property is not so classified for tax
purposes as to result in deferral of the obligation to pay special assessments, and Owner agrees that
it will take no action to secure such tax status for the Subject Property during the term of this
Agreement
8 The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run vi ith the Subject Property and bind all successors
in interest thereof It is the intent of the parties hereto that this Agreement be in a form that is
recordable among the land records of Dakota County. Minnesota, and they agree to make any
changes in this Agreement which may be necessary to effect the recording and filing of this
Agreement against the title of the Subject Property
9 This Agreement shall terminate upon the final payment of all special assessments
levied against the Subject Property regarding the Improvement Project, and the City shall thereupon
execute and deliver such documents, in recordable form, as are necessary to extinguish its rights
hereunder
above
CITY OF ROSEMOUNT By
Its
By
Its Mayor By
Its
By
CLL-213939v1
RS220 -112
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
Its Clerk
3
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of 2002,
by Cathy Busho and Linda Jentink, the Mayor and Clerk of the City of Rosemount, Minnesota, a
municipal corporation under the laws of the State of Minnesota, on behalf of the City.
STATE OF MINNESOTA
ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, by and the and
respectively, of a on behalf
of the
CLL-213939v1
RS220 -1 12
4
Notary Public
Notary Public
THIS ADDENDUM is made this day of 2002, by and between the
City of Rosemount, Minnesota, a Minnesota municipal corporation "City and Contractor
Property Developers Company, a Minnesota corporation "Developer
WITNESSETH
WHEREAS, the parties hereto are parties to an agreement entitled Subdivision Agreement
Outlots of Evermoor dated February 19, 2002 "Subdivision Agreement"), and
WHEREAS, the parties wish to amend the Subdivision Agreement by this Addendum,
NOW, THEREFORE, ON THE BASIS OF THE PROMISES AND COVENANTS
HEREAFTER SET FORTH, IT IS AGREED
1 The Subdivision Agreement is amended as provided herein
2 Section 5 of the Subdivision Agreement is amended by adding the following
Plan H Connemara Trail Improvements
3 New Section 8a is added as follows
C1 1 213944v1
RS220 -]12
ADDENDUM
8a Connemara Trail The construction of Connemara Trail, known as City Project No
330 shall be designed, inspected, surveyed and administered by the City and
installed as shown on the feasibility report therefor dated at
Developer expense by a contractor selected by the City through the public bidding
process
The City will not enter into such contracts until all conditions of plat and subdivision
approval have been met, the plat is recorded. the City has received the bonds and
security required by this Agreement, and both the De N. eloper and the owner of
Outlot C, Outlots of Evermoor, has executed the petition and waiver agreement
attached hereto as Exhibit A
City Project No 330 shall be paid by Developer or Developer's successors in
interest as follows
CLL- 213944v1
RS220 -112
8a.1 The first Two Million Dollars ($2,000,000) shall be paid by special assessments
levied against Outlot C, Outlots of Evermoor in accordance with the following
terms
a The owner of the property to be assessed shall execute and deliver the
Petition and Waiver Agreement m the form attached hereto as Exhibit A and
assessments shall be levied in accordance therewith
b Upon execution of this Addendum, Developer will provide a letter of credit
in form satisfactory to the City in the amount of Two Million Dollars
($2,000,000) conditional on prompt and faithful payment of all assessments
for City Project No 330 when due Such letter of credit may be reduced
from time to time as special assessments are paid. to an amount sufficient to
pay all remaining assessments when due
c If a sufficient and acceptable letter of credit continues to be in effect at the
time of the recording of the replat of Outlot C, Outlots of Evermoor, into the
approved plat of Evermoor Glendalough, the City will reassess remaining
assessments against all outlots in the Glendalough Plat as determined by the
City Council
8a 2. All costs of City Project No 330 in excess of Two Million Dollars ($2,000,000) will
be paid by the Developer Developer shall promptly make payments to the City of
sums deemed necessary by the City to make timely payment to contractors as
follows
a Pnor to the need for funds to pay the costs of City Project No 330 in excess
of the first Two Million Dollars ($2,000.000), the City will notify Developer
of the amount due and the date such payment is due to the City, such amount
and due date to be determined by the City to make timely payment to its
contractor Such deposit and later payments to the deposit as provided in
this section 8a 2 will be used to pay the City's contractor for City Project No
330 and no other purpose
b. From time to time as the City's construction of City Project No 330
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 City Project No 330 the City will
return any unused funds in the deposit to Developer
CLL- 213944v1
RS220 -112
d Upon execution of this Agreement, Developer will provide a letter of credit
in form satisfactory to the City in the amount of Two Million Dollars
($2 000,000) conditioned on the prompt and faithful performance by
Developer of its obligations under this paragraph 8a.2 This letter of credit
may be combined with any other letter of credit given to secure performance
under the Subdivision Agreement or this Addendum provided the form
thereof is approved by the City
e In the event City does not recover its costs for completing City Project No
330 under the provisions of this paragraph 8a 2 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 against any of Developer's property in the
Outlots of Evennoor without notice or heanng and waives its nghts 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 City Project No 330
CITY OF ROSEMOUNT
By
Cathy Busho
Its Mayor
And by
Linda Jentrnk
Its Clerk
DEVELOPER
By
Its