HomeMy WebLinkAbout6.h. Approve Final Plat and Subdiivision Agreement; Receive Bids, Award Contract Bloomfield 2nd Addition Street & Utility Improvements, City Project #299 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.
City Engineer/Public Works Director ��ry� .� � ��
� I � e
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 APPROVE A RESOLUTION APPROVING THE
FINAL PLAT FOR BLOOMFIELD SECOND ADDITION.
and
MOTION TO APPROVE THE SUBDIVISION AGREEMENT FOR BLOOMFIELD SECOND
ADDITION AND TO AUTHORIZE THE NECESSARY SIGNATURES.
and
MOTION TO ADOPT A RESOLUTION RECENING BIDS AND AWARDING CONTRACT
FOR BLOOMFIELD SECOND ADDITION STREET &UTILITY IlVIPROVEMENTS CITY
PROJECT#299.
COUNCIL ACTION:
DAKOTA COUNTY,MINNESOTA
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: Seconded by:
Voted in favor:
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: Cathy Busho,Mayor
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
� - BA MitteLsteadt,P.E.
350 Westwood Lake Office Br«�w<iu,P.E.
I����� 8441 Wayzata Boulevard Peter R Willeabring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B.Bray,P.E.
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
Re: Bloomfield 2°a 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 of the 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.
run
F.'IWPWIMIO1T10'iev�sdn-lt�wpd
; Infrastructicre Engineers Planners
EQUAL OPPORTUNITY E�`1PLOYER
BID TABULATION
Bloomfield 2nd Addition Street 8� 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 Bid Security Total Bid
Ryan Contracting Co X $1,566,414.10 '*
Richard Knutson inc X $1,573,008.12 '*
Northdale Construction Co X $1,592,935.80�
� Barbarossa 8�Sons Inc X $1,601,616.50
Engineer's Estimate $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
Bloomfieid Second Addition
AGREEMENT dated this 17t" day of August, 1999, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation, ("City"), and CMC HEARTLAND
PARTNERS I, LIMITED PARTNERSHIP, a Delaware Limited Partnership, (the "Developer").
1. Rec�uest 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 Second Addition,
which land is legally described on Attachment One, attached hereto and hereby
made a part hereof (hereinafter referred to as the subject property").
2, Conditions of Plat Aaproval. 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 mfield Pat aalnd westrs de of Aubu neAvenue.
sacs and the south side of Bloo
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 Develonm�. 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 Annrc�val. 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 Comprehe��he date o f this Agreementtrols, platting or
dedication requirements enacted afte
5. Develoument 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 blefore commencement of anytwo k'on
approval, after entering this Agreement, but
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 Pubiic Improvements
Plan E -- Grading Plan and House Pad Elevations
Plan F -- Street Lights
6. Installation bv 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 serve the subject property by October 30,
2000. 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 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 terms of the Petition and Waiver Agreement,
attached hereto as Attachment Two, and hereby made a part hereof.
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 subject property. By
executing this Agreement, the Devetoper agrees to pay the assessments and other
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 the collection of special assessments
levied against the subject property for the public improvements prior to the
construction of public improvements.
10. Securitv. To guarantee compliance with the terms of this Agreement, payment of
the costs of all public improvements and construction of all public improvements, the
Developer shall furnish the City with a cash escrow or irrevocable letter of credit
from a bank ("security") for $183,000, which is 110% of the estimated cost of the
developer installed improvements. The amount of the security was calculated as
follows:
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COST 110%
Wetland Mitigation S 10,000 S 11,000
Survey Monuments 46,800 51,000
Landscaping 50,000 55,000
Street Lights 60,000 66,000
TOTAL 183,000
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 for a term ending
October 30, 2001 . In the alternative, the letter of credit may be for a one (1) year
term provided it is automatically renewable for successive one year periods from the
present or any future expiration dates with a final expiration date of October 30,
2001 , unless sixty (60) days prior to an expiration date the bank notifies the City
that it elects not to renew for an additional period. 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 c�edit without notice upon
receiving notice that the letter of credit will be allowed to lapse before October 30,
2001, or 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. Gradin4 Plan/Site Gradina. The Developer shall submit to the City a site grading and
drainage plan for the subject property acceptabte to the City showing the grades and
drainage for each lot prior to installation of the improvements. Site grading shall be
completed by the Developer at its cost and approved by the City Public Works
Director prior to the awarding of the contract by the City for 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 after site grading, with street and lot grades, prior to the awarding of the
contract of installation of utilities. 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
improvements by the City.
13. Erosion Control. Prior to site grading, and before any utility construction is
commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected and approved by the City. All areas disturbed by the
1 excavation and backfilling operations shall be reseeded within 72 hours after the
I
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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. AII 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. Plantin� and Seedina. Prior to the City allowing occupancy, the Developer shall plant
one (1) two-inch caliper deciduous tree on each street frontage of each lot and meet
the requirements of the approved landscape plan and the Developer shall also sod
the boulevards, all at its own cost.
15. Clean ua. 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. Ownershio 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.
17. Warrantv. 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.
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18. R���onsibilitv 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 preparatian of this
Agreement, 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 enforcement of
this Agreement, including engineering and attorney s fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before
any penalty is attached, all special assessments referred to in this Agreement.
This is a personal obligation of the Developer, and shall continue in full force
and effect even if the Developer sells one or more tots, the entire subject
property, or any part of it.
E. 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.
F. The Developer shall pay all en five cercent�(75%)tofg hte I ts alre occ'up'edhe
subject property until seventy p
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 the plat by the City:
A. Park dedication fees in the amount of $117,000 (117 units x 51000/unit).
B. Geographic Information System (GIS) fees in the amount of $5,850.00 (117
� units x S50/unitl.
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C. Storm Sewer Trunk Area Charges as a prepayment of all Storm Sewer Trunk
Assessments for improvements, either constructed or to be constructed, for
trunk sewer serving the subject property, in the amount of S .
20. Developer agrees to pay at the time of issuance of building permits for the subject
property the fees, charges and assessments in effect at the time of issuance. The
fees, charges, and assessments in effect as of this agreement are::
A. Metropolitan Council Environmental Services Availability Charges in the amount
of $1,050 per SAC unit.
B. Storm Sewer Connection Charges in the amount of $735 per unit.
C. Sanitary Sewer Availability Charges in the amount of S 1375 per SAC unit.
D. Water Availability Charges in the amount of $1,375 per SAC unit.
21. Buildin.g Permits. No building 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. The City Public Works Director has certified that the timetable for construction
of public improvements is compatible with private home construction and
occupancy.
The Developer, in executing this Agreement, assumes all liability and costs for damage or
delays, incurred by the City, in the construction of public improvements, caused by the
Developer, its employees, contractors, subcontractors, materialmen or agents. No
occupancy permits shall be issued until the public streets and utilities referred to in
paragraph 6 and 8 are in and approved by the City, unless otherwise authorized in writing
by the City Public Works Director.
22. Develo�er'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.
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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, sentence, clause, paragraph or phrase 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. 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 from the agency. The Developer shall reimburse
the City for all expenses, including staff time and attorney's fees, that the City
incurs in assisting in the preparation of the review.
H. This Agreement shall run with the land and may be recorded against the title to
the property. The Developer shall take such steps, including execution of
amendments to this Agreement, as are necessary to effect the recording
hereof. After the Developer has completed the work required of it under this
Contract, at the Developer's request, the City will execute and deliver to the
Developer a release.
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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 as often and in such
order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
J. The Developer may not assign this Agreement without the written permission
of the City Council.
24. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer
by registered mail at the following address: CMC Heartland Partners I, Limited
Partnership, c/o CMC Heartland Partners, 547 West Jackson Blvd., Suite 1510,
Chicago, Illinois 60661 , with copies to: Project Manager, CMC 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 deliver.ed 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 145th Street West, Rosemount, MN 55068.
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
CMC HEARTLAND PARTNERS I, LIMITED
PARTNERSHIP
By: Heartland Development Corporation,
its General Partner
BY:
Its
BY:
Its
. g
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 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, Outiot 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 CMC 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"d 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.
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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 $2,1 14,700, but that the cost of the
improvement Project will be determined in accordance with in . Stat., Chapter 429 and
standard city practices and that such cost may be as much as 52,193,000. 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 52,193,000 in the
event actual project costs which may lawfully be assessed pursuant to Minn. 5�.,
Chapter 429, exceed said amount.
4. The Owner waives notice of hearing and hearing pursuant to Minn. t t.
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 Min . tS�t.
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 inn. Stat• Section 429.081 or
reapportionment thereof upon land division pursuant to in 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 i n. 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
52,193,000, 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 Minn• 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 shaJl 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 CMC HEARTLAND PARTNERS I, LIMITED
PARTNERSHIP
By: Heartland Development Corporation,
By its General Partner
Cathy Busho, Mayor
By
By its
Susan M. Walsh, City Clerk
By
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 CMC Heartland Partners I, Limited Partnership, a Delaware
Limited Partnership, on behalf of the partnership.
Notary Public
�
14
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- L 2875145th Street West
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- ` -� � Rosemount, Mirmesota 55068
- 350 Westwood Lake Otfice
8441 Wayrata Boulevard
. ��� MinneapoAs,MN 55428
812�41�800
' ���� FAX 541-1700
INFRASTRUCNRE - ENGINEERS - PLANNERS