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Home My WebLink About6.f. Rescind Bloomfield 2nd Subdivision Agreement and Redirect FundsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: March 6, 2000 AGENDA ITEM: Rescind Bloomfield 2n Subdivision AGENDA SECTION: Agreement and Redirect Funds CONSENT PREPARED BY: Thomas D. Burt, City Administrator AGIJM ATTACHMENTS: RESOLUTION, Back Ground APPROVED BY: Information On August 17, 2000 City Council approved the subdivision agreement for CMC Heartland Partners for the 2n Addition of Bloomfield. To date the developer has not signed the subdivision agreement nor has the final plat been filed with the County. Staff recommends the City Council rescind the subdivision agreement for Bloomfield 2nd Addition. The developer, CMC, has failed to act in a timely manner and as a result the City has a contract for improvements we are not able to follow through on. In light of this and their failure to execute an agreement the subdivision agreement should be rescinded until we can determine what the intentions are of CMC Heartland. In addition, the city issued 429 debt for this project that we must redirect for a different project to meet our obligations for payment. Staff recommends the City Council adopt the attached resolution to redirect Series 1999B bonds that have been issued for this project. At a future City Council meeting these funds will be redirected to a year 2000 project. RECOMMENDED ACTION: MOTION to rescind the Subdivision Agreement for Bloomfiled Second Addition. MOTION to approve A RESOLUTION TO REDIRECT SERIES 1999B BONDS BLOOMFIELD SECOND ADDITION. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000 - A RESOLUTION TO REDIRECT SERIES 1999B BONDS FOR BLOOMFIELD SECOND ADDITION WHEREAS, the City of Rosemount has heretofore issued its General Obligation Improvement Bonds, Series 1999B (the "Series 199B Bonds ") to provide funds to finance, among other things, a local improvement project initiated under Minnesota Statutes Chapter 429, and designated as the Bloomfield Second Addition Project (the `Bloomfield Improvements "); WHEREAS, the development for which the Bloomfield Improvements were to be constructed has not proceeded, and consequently the City has determined to abandon the Broomfield Improvements in accordance with the provision of Minnesota Statutes Section 475.65. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, as follows: The City hereby abandons the Bloomfield Improvements. The proceeds of the Series 1999B Bonds which were to be used to finance the Broomfield improvements shall be applied to finance another improvement project initiated by the City under Minnesota Statutes Chapter 429, such substitute improvement project to be approved by the City Council at a later date pursuant to a resolution. Any surplus Bond proceeds not used for the new improvement project shall be transferred to the debt service fund of the Series 1999B Bonds. ADOPTED this 6th day of March, 2000 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member Not Present: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 17 1999 AGENDA ITEM: Approve Final Plat and Subdivision Agreement AGENDA SECTION: and Receive Bids and Award Contract, Consent Bloomfield Second Addition, City Project No. ' 299 PREPARED BY: Bud Osmundson AGENDA NO. a City Engineer/Public Works Director g =: ATTACHMENTS: Bid Tabulation, Resolution, and Subdivision APPROVED BY,( Agreement Attached is a copy of the Subdivision Agreement for Bloomfield Second Addition. The developer, CMC Heartland Partners, has agreed to the conditions of this agreement. The final plat was approved by the Planning Commission on July 27, 1999. Bloomfield Second Addition includes 97 single family lots southeast of Bloomfield Path, plus 20 twinhome units east of Biscayne Avenue. On Friday, July 30, 1999, bids for the referenced project were received and read aloud publicly. Four bids were received on the project. The low bidder for the project is Ryan Contracting in the amount of $1,566,414.10. The bids ranged from the low bid to a high bid of $1,601,617, and the engineer's estimate was $1,668,400. The firm of WSB & Associates, Inc., the consulting engineers for the project, and staff recommend the award of Project #299 to Ryan Contracting, Inc. in the amount of $1,566,414.10. Staff recommends the three motions be taken as described below. RECOMMENDED ACTION: MOTION TO APPROO A RESOLUTION APPROVING THE FINAL PLAT FOR BLOOMFIELD SECOND ADDIT and MOTION TO APPROVE THE SUBDIVISIONAGREEME FOR B OOIVIFIELD SECOND ADDITION AND TO AUTHORIZE THE NECESSARY and MOTION TO ADOPT A RESOLUTION RECEIVINBIDS L AND AAW�ARD FOR BLOOMFIELD SECOND ADDITION ST PROJECT #299. COUNCIL ACTION: DAKOTA COUNTY, tiIINNESOTA RESOLUTION 1999- A RESOLUTION APPROVING THE FINAL PLAT FOR BLOOMFIELD SECOND ADDITION `WHEREAS, the Community Development Department of the City of Rosemount received an application for final plat approval submitted by CMC Heartland Partners, as required by ordinance, for the purpose of a single family attached and detached residential development on land legally described as: Outlot A, Outlot B, Outlot C, Bloomfield, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat application for Bloomfield Second Addition at their regular meeting on July 27, 1999; 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; and, WHEREAS, the City Council of the City of Rosemount reviewed the final plat application as required by the Subdivision Ordinance on August 17, 1999. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the final plat for Bloomfield Second Addition, subject to: 1) Execution of a subdivision development agreement to secure public infrastructure; 2) Installation of sidewalks along one side of all local streets except the cul -de -sacs and the south side of Bloomfield Path and west side of Auburn Avenue. Installation of bike paths along the north side of Bloomfield Path and the east side of Auburn Avenue; 3) Park dedication in the form of cash contribution; 4) Conformance with the conditions of Resolution 1998 -85. ADOPTED this 17`" day of August, 1999, by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Voted in favor: Seconded by: Voted against:_ Member absent: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1999- A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR BLOOMFIELD SECOND ADDITION STREET & UTILITY IMPROVEMENTS CITY PROJECT #299 BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, as follows: 1. All bids on construction of the Bloomfield Second Addition Street & Utility improvements are hereby received and tabulated. 2. The bid of Ryan Contracting, Inc. in the amount of $1,566,414.10 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 3. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Rosemount. 4. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until a contract has been executed. ADOPTED this 17th day of August, 1999, by the City Council of the City of Rosemount. ATTEST: Susan M. Walsh, City Clerk Cathy Busho, Mayor Motion by: Seconded by: Voted in favor: Voted against: Member absent: 350 Westwood Lake Office WSA8 8441 Wayzata Boulevard Minneapolis, MN 55426 612- 541 -4800 &Associates, Inc. FAX 541 -1700 July 30, 1999 Honorable Mayor and City Council City of Rosemount 2875 145' Street West Rosemount, MN 55068 -4997 BA Nlittelsteadt, P.E. Bret A. Weiss, P.E. Peter R. Wiillenbring, P.E. Donald W. Sterna, P.E. Ronald B. Bray, P.E. Re: Bloomfield 2' Addition Street & Utility Construction and Appurtenant Work City of Rosemount Project No. 299 WSB Project No. 2012.20 Dear Mayor and Council Members: Bids were received for the above - referenced project at 10:00 a.m., July 30, 1999, and were opened and read aloud. A total of four bids were received. The bids were checked for mathematical accuracy and tabulated. Please find enclosed the bid tabulation indicating the low bidder as Ryan Contracting Co. the amount of $1,566,414.10. We recommend award ofthe contract to Ryan Contracting Co. in the amount of $1,566,414.10. Sincerely, WSB & Associates, Inc. Bret A. Weiss, P.E. Vice President Enclosures c: Ryan Contracting Co. RW F- APWIM2012.20'"C- "&►4Ir.wpd Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER BID TABULATION Bloomfield 2nd Addition Street & Utilities and Appurtenant Work Rosemount, Minnesota City Project No. 299 WSB Project No. 2012.20 Bids Opened: 10:00 A.M., July 30, 1999 Contractor Ryan Contracting Co Richard Knutson Inc Northdale Construction Co Barbarossa & Sons Inc Engineer's Estimate Bid Security Total Bid x $1,566,414.10 ** X $1,573,008.12 "* X $1,592,935.80 X $1,601,616.50 $1,668,406.50 I hereby certify that this is a true and correct tabulation of the bids as received on July 30, 1999. James W. Kennedy, P.E. ** Denotes corrected figure SUBDIVISION AGREEMENT Bloomfield Second Addition AGREEMENT dated this 17 day of August, 1999, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and CIVIC HEARTLAND PARTNERS I, LIMITED PARTNERSHIP, a Delaware Limited Partnership, (the "Developer "). 7 . 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 ld Second hereby Addition, which land is legally described on Attachment One, attached 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: 1) Execution of a subdivision development agreement to secure public infrastructure; 2) Installation of sidewalks along one end Path and local west side of Auburn d Auburn Avenue. sacs and the south side of Bloom Installation of bike paths along the north side of Bloomfield Path and the east side of Auburn Avenue; 3) Park dedication in the form of cash contribution; 4) Conformance with the conditions of Resolution 1998 -85. 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 nt s the City. proceed until Subdivision Agreements for such phase approved 4. Ef fect of Subdivision Appro val. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive a� except sh II applyt o or affect the e plat in the current urban service area, or office controls 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 Plan official cont h an dedication requirements amendments to uiremen enac ed Comprehensive Guide 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. With the exception of Plan A, 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 Plan F -- Street Lights 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 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6, which will se t suject pr o p erty time from the City bcO If 2000. The Developer may, however, req uest an ex an extension is granted, it shall be condition u completion date. posted by the Developer to reflect cost increases and the extended 8. Public Improvements The following improvements, known as City Project #299, shall be designed and installed in the subject property by the City: A. Sanitary Sewer B. Water C. Storm Sewer D. Streets E. Sidewalks Developer hereby petitions the City for the construction of such public improvements pursuant to and in accordance with the te o f Pet ition and W Agreement, hereby attached hereto as Attachment Two, and y made a 9. Assessment of Costs. The City shall assess the cost of the public improvements referred to in Paragraph 8 together with administrative, planning, engineering, capitalized interest, legal and bonding costs against the t s p roperty me is aBd other executing this Agreement, the Developer agrees to pay the costs specified in this paragraph. The Developer shall take such action as is necessary to remove any of the subject property from "green acres" status or any other status which would prevent or delay he t paioa to the ents levied against the subject property fort public construction of public improvements. � 10. Securit To guarantee compliance with the terms of this Agreement, payment of the costs of all public improvements and constr pub letter c �di , t Developer shall furnish the City with a cash esc row or from a bank ( "security ") for $183,000, which is 110% of th esti a t Of the, t developer installed improvements. The amount of the Y follows: 2 aye 1914e sanoy ZL uiyI!nn papaasaa aq llegs suoljeaado 6ulilpoeq pue uo!jeneoxa ayj Aq pagjnis!p seaje IIV '/I!o aye. Aq panoidde pue pajoadsui 'paluawaldw! ' anssi aae sj!wjad 6u!pi!nq ao peouawwoo aq 1124S 8 Ueld Ueld lo��uoo uo!so�a aye p 'EL si uoijonjisuoo A11pn Aue aao}aq pue 6uipejB ai!s 01 JO!ad '1611000 u0!soa3 •Aj!3 aye. 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Aq pajeldwoo aq Ileys 6ulpej6 aj!S •sIuai.uanoidw! aqi 10 uo!lellelsul of aoljd iol goea JOI 96eu!eap 6u!nnoys Aj!O ayj off. alge}daooe �(�adoid joefgns 9141 aoj ueld 96euleip pue sapea6 aye • L L pue bulpej6 aj!s a A,!O aye. of j!wgns Ileys aadolanaa ayl u!peat) aa.!g ueid ulpea� 'sluawai!nbai s,/\I!O ayj of pajeldwoo sJuawanoidwi palielsui aadolanap pue pled aae suo!jeffilp le se aw!� 01 aw!�. woaj paonpai aq /dew I!paao jo J91191 9141 lenoidde 14!3 yI!M •IipaaO Jo Ja1191 ay1 uo nneap Aew A'!3 ay1 1 901jou 6UTAlaoW 10 s-laaM (Z) o Mj ulgl!nn (s) p!es anowaJ I OU seop aadolanaa ayj �I 'juawaaj6y uols!nlpgns s!y�. 10 swja�. ay1 japun (s)jinejap siadolana4 }o Ilew pa!�lliao Aq aoaou uaII!�nn y�.!nn aadolanaa aye. ysluwnj Ileus Aj!0 aye 'aadolanaa aye. Aq juawaaj6y uolslnlpgnS slyj aapun 11nej ap e 10 Juana aye ul Iuaw9916y s!y' Aq paa!nbaa se pa�aldwoo uaaq you aney aadolanaa ay, jo suolle6ilgo aye. j! 10 '1,00Z as oio ajo a asde of panno e a inn i! ago o �a��a aye �ey� ao!�ou 6 I! . iep 'Og n q O � q I II q II. P � I uodn aoijou Inogi!nn I!paao 10 Ja�.1ai aye. uO unnop nne'p /yew /\'!0 ayl '�! aapun aadolanaa aye. jo suo!�.e6ligo lie pue luaweaj6y si141 10 swaaj aye. y,!nn eoue!idwoo a�noas iieys �!pa�o �o aa��al 9141 'po!aad leuo!�.!ppe ue COI nnauaa off. IOU sloaia 11 ley1 � 3 aye. salplou >lueq aqI, aiep uo!jej►dxe ue of aoiad sAep (09) AIX ssalun ' LOOZ 'OE jagol 00 jo alep uo!lea!dxa leu!� e yI!nn sa�.ep uoijea!dxa aaninj Aue ao juaswd aye. woaj spo!jad aeaA auo anissaoons aoj algennaual Alleoilewolne s! J! pap!noid wjai ae@A (L) auo e aol aq Aew I!paao jo JaIjal aLIJ 'anijeuJaIIe aye. ul ' LOOZ 'OE aagoio0 6uipue wal e iol aq Ileys i!paao }o J911 ayl •101eJTs1ulwpy Aj!0 9141 }o lenoidde ay1 of joafgns aq !Ieys Al!anoas aayio 10 I!paao Jo aaIIal GLII jo waoj pue � ueq ayl 000'E8 L IvIol 000`99 000'09 s�y6!� laa��s 000`59 000'05 6u!deospueg 000' L9 009'91 s:uawnuolN AanjnS 000` L L $ 000'0 L $ uoile6ii! N puellaM %0 L L 1S00 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 foundation excavation on p spoi piles. The erosion control for basement 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 Prior to the City allowing occupancy, the Developer shall plant one (1) two -inch caliper deciduous tree on ea Ian and the Developer shall also s d et the requirements of the approve d landscape p p the boulevards, all at its own cost. 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 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. 16. Ownership of Improvemen Upon completion and City acceptance of the work and thin construction required by this Agreement, the public improvements lying public rights -of -way and easements shall become City property without further notice or action. 17. Warranty The Developer warrants all wok required ed to be performed years rned by its against poor material and faulty workmanship for a p rass and sod shall be warranted completion and acceptance by the City. All trees, g to be alive, of good quality and disease free for twelve (12) months after planting. 2 M •(I!un /Og$ x sl!un sea, (SIJ) wa}s/\S uo!,ewaolul olydej6oaE) '9 L'� I) 00 °0985$ jo }unowe aye u! •(}!un /OOO L$ x s}!un L I. L) OOO'L I. 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Aq panoadde 'palsal ale sa!j!pn o!lgnd lid '9 •1,1t0 ayj Aq panoadde pue paleldwoo s! 6u!pea6 alts a41 'y :i!jun panss! aq Ileys sl!waad 6u!pl!nq ON •sl!w'ad u!pIMS ' LZ •I!un OVS aad SL6' L$ jo junowe ayl u! sa6aeyo Aj!I!gel!eny MeM •Q -j!un OVS aad gLE L $ jo junowe 9141 ut sa6aey0 Al!l!gel!eny 19MGS Aael!ueS •0 •1!un aad 9£L$ jo junowe ayl ul s96aey0 uo!109uuOO JemaS uaao'S •9 •j!un OVS aad 050' L$ 10 runowe aLli u! sa6aey0 Aj!I!gel!eny sao!naaS leJuauauoalnu3 l!ounoo uel!lodoileN 'y ::aae juaweaAe s!yl jo se 109119 ul sluawssasse pue 'sa6aeyo 'seal ay1 •aouensst jo aw!l 941 le 109119 ul sluawssasse pue sa6aeyo 'seal ayl Alaadoad loafgns aye. aol sl!waad 6u!ppq jo eouenss! 10 aw!, a141 le Aed off. saaa6e aadolanaQ 'OZ $ jo junowe ayl u! 'Aliedoad loafgns aye. 6UTAJGS lamas junil aol 'pe onaisuoo aq ol ao palonaistaoo aa14i!a 'sjuawanoadwi aol sivawssassy � unal aannaS wojS Ile jo juawAedaad a se sa6ae14:D eaay >lunal aannaS WlOIS '0 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 do 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, eason held invalid, s decision this Agreement is for any r 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. The Developer represents to the City to the best of its knowledge that the subdivision, the plat and the development of the subject property are not of "metropolitan significance" and that an environmental impact statement is not required. If the City or another governmental agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued the me and t reimburse y the City for all expenses, including incurs in assisting in the preparation of the review. H. This Agreement shall run with the ch steps, ncluding ege ution of itle CO the property. The Developer sh all take su 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. 7 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 existing may be exercised from time to time a.S 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 ' DeeenoPorshall o bagents t shall the Developer hand delivered to the Developer, employees by registered mail at the following address: CIVIC Heartland Partners I, Limited Partnership, c/o CIVIC Heartland Partners, 547 West Jackson Blvd., Suite 1510, Chicago, Illinois 60661, with copies to: Project Manager, CIVIC Heartland Partners I, Limited Partnership, 15120 Chippendale Avenue South, Suite 104, Rosemount, MN 55068. 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: Cit5506g nistrator, Rosemount City Hall, 2875 145th Street West, Rosemount, 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: Susan M. Walsh, City Clerk CIVIC HEARTLAND PARTNERS I, LIMITED PARTNERSHIP By: Heartland Development Corporation, its General Partner BY: Its BY: Its STATE OF MINNESOTA ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, this day of 1999, by Cathy Busho, Mayor, and Susan M. Walsh, 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 ILLINOIS ) SS COUNTY OF COOK ) The foregoing instrument was acknowledged before me this and day of (Name) 1999, by (Title) of Heartland Development (Name) (Title) Corporation, General Partner of CMC Heartland Partners I, Limited Partnership, a Delaware Limited Partnership, on behalf of the partnership. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 9 ATTACHMENT ONE (Legal Description) Outlot A, Outlot B, and Outlot C; Bloomfield, City of Rosemount, County of Dakota, State of Minnesota. 10 ATTACHMENT TWO Petition and Waiver Agreement This Agreement made this 17th day of August, 1999 by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and CIVIC HEARTLAND PARTNERS I, LIMITED PARTNERSHIP, a Delaware Limited Partnership, (the "Owner "). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property(the "Subject Property ") located in the City the legal description of which is set forth on Attachment One, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property as described in Exhibit A, the Feasibility Report for the Bloomfield 2 " Street and Utility Improvements, City Project No. 299, 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 hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy 100 percent 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 with out 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. 11 NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENT HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1 . The Owner hereby petitions the City for construction'of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit C. 3. The Owner requests 100 percent of the cost of the Improvement Project be assessed against the Subject Property. The Owner understands and agrees that the current estimated cost of the Improvement Project is $2,114,700, but that the cost of the improvement Project will be determined in accordance with Minn Stat Chapter 429 and standard city practices and that such cost may be as much as $2,193,000. The Owner further understands and agrees that the City does not waive any rights to levy special assessments against the Subject Property in an amount in excess of $2,193,000 in the event actual project costs which may lawfully be assessed pursuant to Minn Stat Chapter 429, exceed said amount. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project Pursuant to Minn Stat Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefor without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 or reapportionment thereof upon land division pursuant to Minn. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat. Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to $2,193,000, and that such increase in fair market value is a special benefit to the Subject Property; C. Assessment if 100 percent of the cost of the improvement Project against the Subject Property is reasonable, fair and equitable and there are no other properties against which such cost should be assessed; and 12 d. The Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Mihn. Stat. Section 429.071, Subd. 3. 6. The Owner understands and agrees that the City may-provide for the payment of such special assessments in installments bearing such interest as may be determined by the City Council. However, the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of the City Council, subject only to limitations imposed by law. 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 with 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 which 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 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. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF ROSEMOUNT CIVIC HEARTLAND PARTNERS I, LIMITED PARTNERSHIP By: Heartland Development Corporation, By its General Partner Cathy Busho, Mayor By Susan M. Walsh, City Clerk Its Its 13 STATE OF MINNESOTA ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 1999, by Cathy Busho, Mayor, and Susan M. Walsh, 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 ILLINOIS ) ) SS COUNTY OF COOK ) The foregoing instrument was acknowledged before me this day of 1999, by and (Name) (Title) , of Heartland Development (Name) (Title) Corporation, General Partner of CIVIC Heartland Partners I, Limited Partnership, a Delaware Limited Partnership, on behalf of the partnership. Notary Public 14 Grading, Sheet & Utility Construction and Appurtenant Work for the City of Rosemount City Project Number 299 WSB Pro i- No. 2012.20 November 23 Submitted to: City of Rosemount 2875145th Street West Rosemount, Minnesota 55068 - 350 Westwood Lake Office 8441 Wayzata Boulevard WSB Minneapolis, MN 55428 612$41 4WO & Assodat=, j FAX 541 -1700 INFRASTRUCTURE - ENGINEERS - PLANNERS