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Home My WebLink About6.j. Wensmann Tenth Addition Planned Unity Development AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: November 19,1996 AGENDA ITEM: Wensmann Tenth Addition PUD Agreement AGENDA SECTION: Consent PREPARED BY: Rick Pearson, Assistant Planner AGENDA #6 IJ ATTACHMENTS: Draft Agreement APPROVED BY: �-j On October 15, 1996, the City Council approved the preliminary plat and planned unit development plan for the Wensmann Tenth Addition. The attached draft agreement reflects the conditions of approval. Staff expects that the final plat will be on the Council agenda on December 3, 1996. It is hoped that the title for the outlot in Rosewood Manor will then be conveyed to the City in return for Outlot A, Wensmann Ninth Addition. IRECOMMENDED ACTION: Motion to authorize the execution of the PUD agreement for Wensmann Tenth Addition. I WENSMANN TENTH ADDMON AGREEMENT TO CONDMONS OF APPROVAL FOR THE RESIDENTL&L PLANNED UNIT DEVELOPMENT AGREEMENT dated this _day of , 1996, by and between the City of Rosemount, a Minnesota municipal corporation, C'City"), and HERBERT H. WENSMANN DBA Wensmann Realty, a sole proprietorship, (the "Developer"). 1. Request for Planned Unit Development. The Developer has asked the City to approve a planned unit development (PUD) for residential uses on land intended for public use. The property is legally described as follows: Outlot A, Wensmann Ninth Addition 2. P.U.D. Approval. The City has approved the residential PUD on October 15, 1996 subject to: 1) Conveyance of approximately 1.23 acres of land in Rosewood Manor to the City for public park purposes; 2) Rezoning Outlot A to R-2, Single Family Attached Residential; 3) Incorporation of recommendations relative to easements, grading and utilities made by the Public Works Department (see exhibit "B") ; 4) approval of final plat as required by the Subdivision Ordinance including execution of a development agreement to secure public infrastructure; 5) Execution of this PUD agreement; 6) Enhancement of the landscaping to incorporate revisions suggested by staff, 7 Conformance with all applicable building and fire codes.) 3. Effect of Planned Unit Development Approval. No changes to the PLID will be allowed unless agreed to in writing by the City and the Developer. Notwithstanding anything in this contract to the contrary, 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 Contract. The Developer shall conform to all conditions of PUD approval. 4. Development Plans. Improvements related to the PUD shall be in accordance with the attached site plan and grading plan as approved by the City Engineering Department. 5. License. The Operator and Property Owner hereby grant the City, its agents, employees, officers and contractors a license to enter the property to perform all work and inspections deemed appropriate by the City. The license shall expire after the site has been redeveloped for permitted General Industrial use. 6. Responsibility for Costs. A. Except as otherwise specified herein, the Operator shall pay all costs incurred by it or the City in conjunction with the development of the site including, but not limited to, Sod and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval of the multiple industrial use PUD, the preparation of this contract, and all costs and expenses incurred by the City in monitoring and inspecting development and operation of the CleanSoils facility and the enforcement of this contract. B. The Operator and Property Owner 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 project approval, development and operation. The Operator and Property Owner 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. 7. MisceHaneous. A. The Operator represents to the City that the PUD complies with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: zoning ordinances and environmental regulations. If the City determines that the PLID does not comply, the City may, at its option, refuse to allow construction or the operation of CleanSoils until the Operator does comply. B. Third parties shall have no recourse against the City under this contract. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. A The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. E. The Operator represents to the City to the best of its knowledge that the plat is 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 Operator shall prepare it in compliance with legal requirements so issued from the agency. The Operator 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. F. This Contract shall run with the land and may be recorded against the title to the property. After the Operator has completed work required of it under this Contract, at the Operator's request, the City will execute and deliver to the Operator a release. G. 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. H. The operator may not assign this Contract without the written permission of the City Council. L The city assumes no responsibility for design, construction, maintenance, or longevity of Operator installed improvements. 11. 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: 3 3 12 15 1 st Street West, Rosemount, MN 5 5068. 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: Rosemount City Hall, 2875 145th Street West, Rosemount, N4N 55068. Attention: City Administrator. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Herbert H. Wensmann DBA Wensmann Realty BY: Its City of Rosemount BY: Cathy Busho, Mayor BY: Susan M. Walsh, City Clerk CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: November 19,1996 "REVISED" AGENDA ITEM: Receive Bids/Award Contract, Wensmann AGENDA SECTION: 10th Addition Utility Improvements, City Project #278 Consent PREPARED BY: Bud Osmundson AGENDA NO. City Engineer/Public Works Director 6G ATTACHMENTS: Resolution, Bid Tab APPROVED BY: The City received bids on November 18, 1996 for the referenced project and a total of four bids were received. The apparent low bidder was Ryan Contracting at a bid of $31,429.42. We have received the upfront funding for the project from the developer, Wensmann Builders. Staff recommends that the contract be awarded to Ryan Contracting as stated in the resolution. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR WENSMANN 10TH ADDITION UTILITY IMPROVEMENTS, CITY PROJECT #278. COUNCIL ACTION: 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1996 - A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR WENSMANN 10TH ADDITION UTILITY IMPROVEMENTS CITY PROJECT #278 BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1 All bids on construction of Wensmann 10th Addition Utility Improvements, City Project #278 hereby received and tabulated. 2. The bid of Ryan Contracting, Inc. in the amount of $31,429.42 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 all successful bidder and the next two lowest bidders shall be retained until a contract has been executed. ADOPTED this 19th day of November, 1996. Cathy Busho, Mayor ATTEST - Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Y C 'a 00ift6wit I WSR Preigo4yo. 10.1100. Bids Opened: 10:00 (LnL WSB & Associates, Inc. November 18, 1996 Project Na. 1051.00 Contractor Sid,Vecuri& Total Bid Ryan Contracting $31,429-42 Richard Knutson, Inc. $36,838.42 Ford Construction P.c)-So Contracting $38,950.00 $59,855.00 S Engineer's Estimate $2 7,02& 50 City Engineer I hereby certj& that this is a true and correct tabulation of the bids as received on November 18, 1996. Mic e Van Gilder, P.E. *Denotes carrectedfig 20"Id VIVIAP, Willy dEE:EO ge-IRT-ACf,