HomeMy WebLinkAbout6.e. Approve Subdivision Agreement - Evermoor 8th Addition` CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: July 2, 2001
AGENDA ITEM: Approve Subdivision Agreement- Evermoor
8" Addition
AGENDA SECTION:
Consent
PREPARED BY: Bret Weiss, Interim City Engineer
AGE NM 6
ATTACHMENTS: Subdivision Agreement
APPROVED BY:
i
This is a copy of the Subdivision Agreement for Evermoor 8th Addition. Attached is a location
map as to where this Addition is located in the development. The developer for these lots is
D.R. Horton. In accordance with the City policy, the Developers Agreement needs to be
provided at the same Council meeting as the final plat, therefore this item is directly connected
to the action that is taken on the final plat for this project.
RECOMMENDED ACTION: MOTION TO ENTER INTO A SUBDIVISION AGREEMENT WITH
D. R. HORTON FOR THE EVERMOOR 8 ADDITION AND AUTHORIZE THE NECESSARY
SIGNATURES.
COUNCIL ACTION:
2
SUBDIVISION AGREEMENT
Evermoor 8 th Addition
AGREEMENT dated 2nd day of July, 2001, by and between the CrrY of RosEMoUNT, a Minnesota municipal
corporation, ( "City "), and D. R. Horton (DRH) (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 Evermoor 8 Addition, which land is legally described on
Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the
❑subject property0).
2. Conditions of Plat Approval The City has approved the subdivision and the plat on the
following conditions:
a. Execution of a subdivision agreement to secure public infrastructure including streets and
utilities;
b. Incorporation of recommendations of the Interim City Engineer relative to drainage,
easements, grading, public streets and utilities;
c. Payment of all platting, G.I.S., Park Dedication, applicable City Review fees and trunk/area
fees as specified in the current fee schedule resolution.
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
Plan C --
Drainage and Storm Water Runoff Plan
Plan D --
Plans and Specifications for Public Improvements
Plan E --
Grading Plan and House Pad Elevations
Evermoor 8th
06/26/01
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 August 1, 2002. 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 337, 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.
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
Ev&rnoor 8th
2 06/26/01
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 One Hundred Twenty -five Thousand
Dollars ($125,000) 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 Four Hundred Thousand Dollars ($400,000) (which
is 110% of the estimated construction costs ($525,000) 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 tTie
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 $158,400, which is 110 %0 of the estimated cost of the Developer
Improvements. The amount of the security was calculated as follows:
Evermoor 8th
3 06/26/01
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 subimt
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
Evermoor 8th
4 06/26/01
Cost
110%
Grading & Erosion Control
25,000
27,500
Pond Restoration and Erosion
Control Removal
10,000
11,000
Survey Monumentation
10,000
11,000
Landscaping
80,000
88,000
Retaining Walls
-0-
-0-
Street Lighting 6 lights)
18,000
19,800
Buffer Monumentation
1,000
1,100
Park Equipment/Improvements
-0-
-0-
Wetland Restoration/Mitigation
-0-
-0-
Wetland Monitoring
-0-
-0-
Total
146,000
158,400
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 subimt
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
Evermoor 8th
4 06/26/01
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 um The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the streets.
After 24 hours verbal notice to the Developer, the City will complete or contract to complete the
clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13.
The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the establishment
of turf. These items are to be secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public rights -of -way
and easements shall become City property without further notice or action unless the improvements
are slated as private infrastructure.
17. Warranty The Developer warrants all work required to be performed by it against poor material
and faulty workmanship for a period of two (2) years after its completion and acceptance by the
City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for
twelve (12) months after planting.
Evermoor 8th
5 06/26/01
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
$106,500 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
$ 80,750 Engineering Fees
$ 2,000 Attorney Fees
$ 23.750 5% City Fees
$106,500
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
until seventy -five percent (75 %) of the lots are occupied. After that, the City will assume the
energy costs.
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 $0.00.
B. Geographic Information System (GIS) fees in the amount of $2,100.00.
C. Storm Sewer Trunk Area Charges in the amount of $ (To be paid by Master Developer,
CPDC).
Evermoor 8th
6 06/26/01
D. Sanitary Sewer Trunk Area Charges in the amount of $ (To be paid at building permit).
E. Watermain Trunk Area Charges in the amount of $ (To be paid at building permit).
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 $1,150).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (currently
at $935 and $660 per single and multiple family unit, respectively).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,030 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,155 /SAC unit).
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.
An early housing construction start may be allowed at the engineering and building departments
discretion with the understanding that:
1. Building officials must have reasonable access to all structures
2. No occupancy will be granted until all above noted items are addressed
3. The City assumes no liability for any lack of emergency vehicle access to the site.
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.
Evermoor 8th
7 06/26/01
22.
23.
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.
Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and-federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision or the plat or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement
is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Agreement.
E
If building permits are issued prior to the completion and acceptance of public improvements,
the Developer assumes all liability and costs resulting in delays in completion of public
improvements and damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents or third parties.
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
Evermoor 8th
8 06/26/01
24.
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.
I. The Developer may not assign this Agreement without the written permission of the City
Council.
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:
D.R. Horton
3459 Washington Street, Suite 204
Eagan, Minnesota 55122
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.
E
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
BY:
Cathy Busho, 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
2001, 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
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this
2001, by , and
,a
behalf of the said
day of
on
Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, MN 55068
Evermoor 8th
10 06/26/01
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 ($800 /acre). Note: The minimum bond amount is set at $25,000.
Pond Restoration/Erosion Removal — A security to allow for cleaning of sedimentation ponds prior to City
acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of adjoining lots (estimated Lump Sum).
Survey Monumentation — An amount equal to 110% of the cost to monument all lots within. the development.
Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond for that cost is not required.
Retaining Walls — An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a bond for that cost is not required ($3,000 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 %0 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 Evermoor 8th
06/26/01
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EVERMOOR 8TH ADDITION
LOCATION MAP
EVERMOOR 8TH ADDITION
TOTHL P.02