HomeMy WebLinkAbout11.c. Wensmann Ninth Addition Final Plat , ' City of Rosemount
Executive Summary for Action
Ci Council Meetin Date: October 17, 1995
Agenda Item: Wensmann Ninth Addition Fina1 Plat Agenda Sections
NEW BUSINESS
Prepared By: Rick Pearson Agenda No:
Assistant Planner 'T'�� � '� � C
Attachments: Resolution;Draft Development Agreement Approved By:
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Mr. Herb Wensmann is requesting final plat approval for the Wensmann Ninth Addition located in
the"triangle" area between Dodd Boulevard, Shannon Parkway, and 145th Street West.
The final plat will create separate lots and blocks for 99 townhouse units and two outlots. Outlot A
is intended for park development and Outlot B could be acquired by the City for the proposed fire
station. The Developer could develop Outlot B as a future phase of the Ninth Addition if the City �,
does not acquire the parcel. Final plat approval will be necessary to develop Outlot B. '
On October 10, 1995 the Planning Corrunission reviewed the final p�at request and recommended
approval after some discussion. Grading and right-of-way dimensions were discussed as well as the
ou�lots for the fire station and the park. Some commissioners strongly reiterated their preference for
the ultimate development of the park and their concern that a building located in the park would not
be intended for recreational use.
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Recommended Action: A MOTION to adopt A RESOLUTION APPROVING THE
WENSMANN NINTH ADDITION FTNAL PLAT and, further, to authorize execurion of the
Wensma.nn Ninth Addirion Development Agreement.
C'ouncil Action:
� ' 10-17-95.003
CITY OF ROSEMOUNT
DAKOTA COUNTY, NIINNESOTA
. RFSOLUTION 1995-
A RESOLUTION APPROVING THE
WEN5MANN NIN1'H ADDITION FINAL PLAT
WHE,REAS, the City of Rosemount has received a request for final plat approval for the
Wensmann Ninth Addition for the following legally described properties:
The East 440.0 feet of the West 1/2 of the Southeast 1/4 lying Northwesterly of State Aid Road No.
42 (Now Dodd Boulevard), Section 30, Township 115, Range 19, according to the Government
Survey thereof, except the North 379.50 feet thereof; and
That part of the West 1/2 of the Southeast 1/4 of Section 30, Townslup 115, Range 19, lying North
of Dodd Boulevard, except the East 440.0 feet, except those parts platted as Shannon Park lst
Addition and Limerick Way, County of Dakota, State of Minnesota, according to the Government
Survey thereof.
WHEREAS, on September 19, 1995 the City Council of the City of Rosemount approved the Wensmann
Ninth Addition Final Planned Unit Development for a residential planned unit development on property
currently refened to as "The Dodd Triangle"; and
WHEREAS, on October 10, 1995 the Planning Commission of the'City of Rosemount recommended
approval of the Wensmann Ninth Addition final plat; and
WHEREAS, on September 19, 1995 the City Council held a public he�ring in accordance with the City
of Rosemount Zoning Ordinance and State Statutes. �•.;,_;_
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves
the final concept plan for the residential planned unit development anil'preliminary plat on property as
legally described above subject to execution of the Wensmann Nintl���cldition Development Agreement
which lists the conditions and criteria for development of this plat. :::���.
ADOP1'ED this 17th day of October, 1995.
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E.B. McMenomy, Mayor
ATTEST: .
Susan M. Walsh, City Clerk
Motion by: Seconded by: ��-�'
Voted in favor:
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Voted against: `;;`,:
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Planned Unit Development Agreement
and
�- Development Contract
WENSMANN NINTH ADDITION
AGR�'r da,ted this day of , 1995, by and between the CrrY oF
RosEMOUNT, a Minnesota.municipal corpora.tion, (°City"), and WENSMANN REALTY, INC., a
Minnesota. Corporation, (the "Developer").
1, ��pct for Plat A���1. 1'he Developer has asked the City to approve a plat of land to
be known as WIIvs:�lvtv l�TnvTg AnDrr�oN (also referred to in this contract as the "plat").
The land is legally described as follows:
DESC�'r[oN(Carroll Properry): West�Ialf of Southeast Quarter
(Wlh of SE'/a) of Section 30, Township 115N, Range 19W, lying
Northerly of Dodd Boulevard (formerly County Road No. 42), except
the East 440 feet thereof and that part pla.tted as 5hannon Park lst
Addition and that part platted as Limerick Way, according to the
recorded plaxs thereof, Dakata County, Minnesota.°
- AND -
DESCR�or1(Reana Pass, Inc. Property): T1ie East 440.0 feet of
the West Half of the 5outheast Quarter (W'h of S�'%a), lying
- northwesterly of S.A.R. No. 42 (now Dodd Boulevard), Section
Thirty (30), Township One Hundred Fifteen (115); Range Nineteen
(19), according to the Government 5urvey thereo�, `e�cept the North
379.50 feet thereof, Dakota County, Minnesota.
2, p U D A��roval. The City approved the Wensmann Ninth Addition Planned Unit
Development on September 19, 1995 with the conditions':set forth as follows:
� a. incorporation of engineering recommendations relative to gra.ding and utilities plans and
ponding capacity into the final development plan;
b. execution of a Pre-assessment Agreement to provide�fu,nds in the amount of$65,070
for the developer's share of future unprovements on,�odd Boulevard with the provision
that should the City acquire Outlot C for public use, tk�� amount would be reduced to
$44,670;
� c. execution of a Pre-assessment Agreement to provide funds in the amount of$6,365 for
the Developer's share of trunk water main improvenients if the water main is installed
as a public improvement (chap. 429) or the Developer'will be reimbursed for
oversizing of the trunk water main from core funds•`if the water main is privately
installed;
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d. execution of a Pre-assessment Agreement to provide funds in the amount of$21,054
for the Developer's share of future trail improvements on Dodd Boulevard, with the
provision that should the City acquire Outlot C for public use, the escrow amount
would be reduced to $14,450;
y e. Geographic Information Systems (GIS) dedication of$50 per dwelling unit toalling
$5,550, with the provision that should the City acquire Outlot C for public use, the GIS
dedication fee would be reduced to $4,950;
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f. dedication of 1.4 acres of property for pazk development with the balance of park
dedication paid in cash at the time of fmal plat approval;
, g. adoption of a Wensmann Ninth Addition Planned Unit Development and Master
Subdivision Development Agreement to identify and guide future phases of
development and guara.ntee approved variances, as appropriate;
h. adoption of findings to support variances via Planned Unit Development procedure and
that the Developer eliminate variances wherever possible through design modificarions;
and
, i. Developer shall provide a timing and phasing plan for`approval by the City Council at
the time of approval of the Final Planned Unit Development Agreement. �
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j. No parking shall be allowed on the private streets and signs, required by the fire
marshal, stating "No Parking Fire Lane" must be installed;
k. execution of a planned unit development and master subdivision development
agreement that:
(1) approves the parking lot and driveway setback variances for Outlot B; and
(2) requires a homeowners' association agreement and declaration of covenants that
secures the maintenance of common areas, driv�ways, and private streets.
1. conformance with all applicable building and fire codes; �
. m, the landscape plan modif'ied, as necessary, to includ��ecommenda.tion by the Planning
Department staf£
n. The Wensmann Ninth Addition Planned Unit Development contains varia.nces to
setback standards that are hereby granted: ..:� �;.
(1) Fifteen (15) foot driveway and parking setback�variance for Lot 1, Block l, and
ten (10) foot driveway and parking setback variance for Lot 1, Block 2; and
(2) Two (2) foot driveway setback variances for Blocks 3, 4, and Outlot B along
Dodd Boulevard and twelve (12) foot setback variance along Shannon Parkway
for Outlot B.
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a A Homeowners' Association created by the Developer will be perpetually responsible
for Lots 1, 2, 3, and 4, Block 2, Lots 1 and 2, Block l, and Lot 23, Block 3 and Lot
17, Block 4, all in Wensmann Ninth Addition, except for the ma.intenance of an eight-
foot wide trail to be constructed along Dodd Boulevard, which maintenance shall be the
obligation of the City. The obligations of the Homeowners' Association include the
following:
- (1) Maintenance of the lawn or turf areas and landscaping on common areas. This
obligation includes maintaining and cutting grass, replacing dead trees or
landscaping, caring for or removing diseased.trees, eliminating nuisance weeds
and abating any nuisance conditions.
(2) Maintain, repair, replace, and keep in good working order all streets, water
services from and including the curb stops to the�liousing units, sanitary sewer
services from the eight-inch lateral pipe to the liousing units, storm sewer, and
� drainage improvements in the common areas of Lots 1 and 2, Block 1, Lots l, 2,
3, and 4, Block 2, and Blocks 3 and 4, Wensmann Ninth Addition, and outside of
City rights-of-way.
3. ('onditio� of Plat Anuro�l. The City hereby approves the plat on condition of:
a. incorporation of Engineeri.ng Department recommendations for construction, grading,
and utilities; �
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b. replatting of Lots 1 and 2, Block 1 and Lots 1, 2, 3�;and;4, Block 2 into one lot in ea.ch
block as each subsequent phase is built to eliminate the need for cross-access easements
between separate lots;
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c. park dedication in the form of cash contribution, m addition to the dedication of Outlot
A for park development; .. .
' d. execution of Pre-assessment Agreements for the following:
(1) $44,670 for future Dodd Boulevard improveme�ts;
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(2) $6,375 for trunk water main (applicable only i�,installed as Chapter 429
imgrovement; and
(3) $21,054 for future trail improvements along Dodd Boulevard.
` e. execution of the Wensmann Ninth Addition Development Agreement to secure public
improvements;
f. payment of Geographic Information 5ystem fees for ninety-nine (99) dwelling units at ,
the amount of$50 per unit, totalling $4,950; �
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4. Phased Devel�ment. The City may refuse to approve fi�iai plats of subsequent additions of
e the plat if the Developer has breached this Contract and the breach has not been remedied.
Development of subsequent phases may not proceed until Development Contracts for such
phases are approved by the City. `'�""`"``
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5. Effect of Sub iv' ion A�Froval. For two (2) years from`the�date of this Contract, no
e amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
cunent urban service area, or official controls shall apply tQ or affect the use, development
density, lot size, lot layout or dedicaxions of the approved pla,t unless required by state or
federal iaw or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary, xo,the full extent permitted by state
law the City may require compliance with any amendments to the City's Comprehensive
Guide Plan, official contrcjls, pla.tting or dedication requirements enacted after the date of this
Contract. _
6. Develo�ment Plans. The plat shall be developed in accordance with the following plans.
The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after enteri.ng the Contract, but before commencement
of any work in this plat. If the plans vary from the written t�rms of this Contract, 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-- Gra.ding Plan and House Pad Elevations . � �
Plan F -- Street Lights ;, :c: ,::
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7. Imnrovem .ntc, The Developer shall install or cause to t�e installed and pay for the
following: ,z
A. Sanitary Sewer ' ' •' '
B. Water , . .
C. Storm Sewer �
D. Streets ;;��,�
E. Concrete Curb and Gutter - "
. F. Boulevard Sod �
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G. Street Lights
H. Sidewalks and Tiails
I. Street Signs ,
7. Setting of Lot and Block Monuments
K. Surveying and Staking of work required to be performed by the Developer
L. Gas, Electric, Telephone Lines, and Cable Lines
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The improvements shall be installed in accordance with Ci�y standards, ordinances and plans
and specifications which have be prepared by a competentr�gistered professional engineer
furnished to the City and approved by the City Public Works Director: The Developer shall
obtain all necessary permits from the Minnesota.Pollution Control Agency (MPCA),
Minnesota Department of Health (MDOI�, and other agencies before proceeding with
, construction. The City shall provide field inspection to ensure an acceptable level of quality
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control to the extent that the Developer's engineer will be able to certify that the construction
work meets the approved City standards as a condition of City acceptance. The Developer or
his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City
Council chambers with all the parties concerned, including Ciry staff, to review the program
for the construction work both for the grading and utility construction. Within thirty (30)
days after the completion of the improvements and before the security is released, the
Developer shall supply the City with a complete set of reproducible "Record Plan" dra.wings.
g, , ecuritv. To guarantee compliance with the terms of this_Agreement, payment of the costs
of all public improvements and construction of all public�i�riprovements, the Developer shall
furnish the City with a cash escrow or irrevocable letter of credit from a bank("security") for
� . The amount of the letter of credit was calculated as follows:
Engineeri.ng, Grading, Survey Monuments . $
Sanitary Sewer . . . . . . . . . . . . . . . . . . . $ � -
Water Main . . . . . . . . . . . . . . . . . . . . $
Storm Sewer . . . . . . . . . . . . . . . . . . . . $
Street Construction . . . . . . . . . . . . . . . . $
Street Lights . . . . . . . . . . . . . . . . . . �
SuBTOT�. . . . . . . . . . . . . . . . . . . $
Construction Engineering, plus 4% . . . . . . $
SUBTOTAL . . . . . . . . . . . . . . . . . . . $
Landscaping & Bituminous Trail . . . . . . . $
ToTai. . . . . . . . . . . . . . . . . . . . . . $
The bank and form of the letter of credit shall be subject to;the.approval of the City
Administrator. T'he letter of credit shall be for a term end:u,�g December 31, 1998. In the
alternative, the letter of credit may be for a one (1) year tercn provided it is automatically
renewable for successive one year periods from the present`+or any future e�iration da.tes
with a final expiration date of December 31, 1998, unless=�siic�y (60) days prior to an
expiration da.te the bank notifies the City that it elects not to�enew for an additional period.
The letter of credit shall secure compliance with the terms .a�this Contract and all financial
obligations of the Developer under it. The City may dra.w down on the letter of credit
without notice upon receiving notice that the letter of credit^w�l be allowed to lapse before
" December 31, 1998. In the event of a default under this Development Contract by the
Developer, the City shall furnish the Developer with written notice by certified mail of
Developers default(s) under the terms of this Development Contract. If the Developer does
not remove said default(s) within two (2) weeks of receiving notice, the City may dra.w on
the letter of credit. The letter of credit shall be reduced from time to time, as fmancial
obligations are paid and public improvements are completed to City's requirements.
9,. Time nf Perfoi'manCe. The Developer shall install all required improvements enumerated in
Paragraph 7 which will serve the plat by 7uly 31, 1996. The Developer may, however,
request an extension of time to the City. If an extension is granted, it shall be conditioned
upon updating the security posted by the Developer to reflea�cost increases and the extended
completion date. ``'''
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10. Grading Plan/Site Grading. The Developer shall submit`to the City a site grading and
drainage plan for the entire pla.t acceptable to the City showing the grades and drainage for
ea.ch lot prior to installaxion of the unprovements. 5ite grading shall be completed by the
Developer at its cost and approved by the City Public Works Director. 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. All improvements to the lots and the fmal grading shall
comply with the grading plan as submitted and shall be the responsibility of the Developer.
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. The
City also requires that approved erosion control fencing be installed around the perimeter of
` ea.ch lot at the time of building permit issuance and remain in place until the lot is seedec� or
sodded. A twenty-foot openi.ng rock construction entrance (per Best Management Practices
specifications) shall be installed on each lot for construction�deliveries.
11. License. The Develaper hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate
by the City during the installation vf public improvements by the City. The license shall
r expire after the plat has been developed. , ,
12. Erosion Control. Prior to site grading, and before any utalit�iis,construction is commenced or
building permits are issued, the erosion control p1an, P1an,B, shall be implemented, inspected
and approved by the City. All areas disturbed by the excavation and backfilling operations
shall be reseeded within five (5) days after the complet�on�;a�rthe work in that area. Fxcept
as otherwise provided in the erosion control plan, seed sha11�be rye grass or other fast-
growing seed suitable to the e�cisting soil to provide a temporary ground cover as ra.pidly as
` possible. Sod is required on all slopes greater than ten percent (10%) or as directed by the
city engineer. Selected lots andlor building permits may contain a clause which requires
complete yard sodding prior to issuance of Occupancy Perm�ts: All seeded areas shall be
mulched and disc anchored as necessary for seed retention. :,The parties recognize that time is
of the essence in contralli.ng erosion. If the plat development does not comply with the
erosion control plan and schedule or supplementary instructinns received from the City, the
City may take such action as it deems appropria.te to control erosion, including those
, provisions listed in paragraph 10. The City will endea.vor ta notify the Developer in advance
of any proposed action, but failure of the City to do so wi�l'�tot affect the Developer's or
City's rights or obligations hereunder. If the Developer does not reunburse the City for any
cost the City incuned for such work within thirty (30) da.�s;`�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 plat is in full complia.nce with the erosion control requirements.
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13. Planting and Seert�n¢, The Developer shall install lands�aping in accordance with Section
` 8.3 of Ordinance B - City of Rosemount Zoning Ordinanc�i�s well as the attached
landscaping plan as approved by the City. The City may'a+ittihold a portion of the security
until landscaping has been installed and in accordance witl�'.tlie City approved landscape plan.
14. Clean �. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, its agents or assigns. The City will inspect the site on a
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weekly basis and determine whether it is neeessary to take additional measures to clean dirt
and debris from the streets. After the Developer has received 24 hour verbal notice, the City
will complete or contra.ct to complete the clean-up at the Developer's expense, as per the
condirions under Paragraph 12.
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15. Ownershi� of Imgrovements. Upon completion and City,acceptance of the work and
construction required by this Contract, the public improve�nents lying within public rights-of-
way and easements shall become City property without fu�ther notice or action. The City has
the right, for perpetuity, to enter the property and make reaspnable repairs, replacements, or
maintenance of the utilities as stated. The I3omeowners'•Associaxion owns and is responsible
for all maintenance, repairs, and replacement of the storm sewer facilities outside of City
rights-of-way, water services from and including the curb stops to the housing units, sanitary
sewer services from the eight-inch lateral line to the housu%g�niits, and all streets outside of
City rights-of-way, the water main and sanitary sewer lateral�lines, plus water services from
the ma.in to the curb stop, through the common areas of the�plat are to be owned and
maintained by the City.
16. WarrantX. The Developer warranties 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. The Developer shall post
maintenance bonds or other security acceptable to the City.to secure the warranties. ,
17. Resno_�bility for Costs. I
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A. E�ccept as otherwise specified herein, the Developer,stiall�pay all costs incuned by it or
the City in conjunction with the development of the plat��includi.ng, but not limited to,
Soil and Water Conservation District charges, legal,.�.�y ,Xanning, engineering and inspection
� expenses incurred in connection with approval and acce�itance of the plat, the preparation
of this Contract, and all costs and expenses incurred by,t'�e City in monitoring and
inspecting development of the plat, and the enforcerne�t;�,�f this contract.
B. The Develo r shall hold the Ci and its officers and �'ployees harmless from claims
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made by itself and third parties for damages sustainecl�orcosts incurred resulting from
plat approval and develapment. The Developer shall inc�emnify 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 attomey's fees. ,
C. 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 Contract. This is a personal
obligation of the Developer, Wensmann Rea1ty, Inc., a'nd shall continue in full force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
. D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days aftiei;receipt. If the bills are not paid
on time the City may halt plat development work and coi�struction including, but not
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limited to, the issuance of building permits for lots w�ich the Developer may or may not
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have sold, until the bills are paid in full. Bills not paid within thirty (30) da.ys shall
accrue interest at the rate of nine percent (9%) per year: '�'`
E. In addition to the chazges and special assessments referred to herein, other charges and
special assessments may be imposed such as, but not liinited to, sewer availability
charges ("S.A.C."), City water connection charges, City sewer connection charges, City
storm water connection charges and building permit fees:
F. The Developer shall pay all energy costs for street lights installed within the Wensmann
Ninth Addition until seventy-five percent (75%) of the�ots are occupied. After tha.t, the
City will assume the energy costs.
18. Bu�'il '��g Permits. No building permits shall be issued until:
. A. The site grading has been completed and approved by,t�e City and erosion control
measures are in place for the lot. �;
B. All public utilities must be tested, approved by the City Engineer, and in service. All
curbing must be installed and bacl�'illed, the first lift of bituminous must be in place and
approved by the City.
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C. The City Public Works Director has certified that the timetable for construction of public
r unprovements is compatible with private home construction and occupancy.
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D. The Developer, in executing this Agreement, assumes;a�l.liability and costs for damage
or dela.ys, 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 utilities referred to in para.graph 7 are
in and approved by the City, unless otherwise authorized in writing by the City Public
Works Director.
E. All "No Parking Fire Lane" signs shall be in place as required by the fire marshal:
19. I?evelover'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.
r This Contract is a license for the City to act, and it shall not`;'�e necessary for the City to seek
a court order for permission to enter the land. When the 'C��ity does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
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20. Miscellaneous.
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A. The Developer represents to the City that the plat compl�es with all city, county,
metropolitan, sta.te and federal laws and regularions uicluding, but not limited to:
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, subdivision ordinances, zoning ordinances and envuorimental regulations. If the City
determines that the plat does not comply, the City may,�at its option, refuse to allow
constiucrion or development work in the plat until the Developer does comply. Upon the
City's demand, the Developer shall cease work until there is compliance.
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� B. Third parkies shall have no recourse against the City under this Contract.
G. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
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D. If any portion, section, subsection, sentence, clause, paiagraph or phrase of this Contract
is for any reason held invalid, such decision shall not aff�ct the validity of the remaining
. portion of this Contract. � ��� a'�
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E. No occupancy permit shall be issued until public imgrQ��ments in paragraph 7 are in and
approved by the City.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendme�s=.or waivers shall be in writing,
signed by the parties and approved by written resolution;iof the City Council. The City's
• failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
G. The Developer represents to the City to the best of its knowledge that the plat is not of
"metropolitan significance" and that an environmental impact sta.tement 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. ,;;<t�:;
H. This Contract shall run with the land and may be record"ed against the title to the
property. After the Developer has completed the work required of it under this Contract,
at the Developer's request, the City will execute and}d��iver to the Developer a release.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, expxess.�pr;implied, now or hereafter
arising, available to the City, at law or in equity, or,��der.,any other agreement,-and each
and every right, power and remedy herein set forth or,�tl�erwise so e�sting 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 Contract without the�written permission of the City
Council. . .
K. The City assumes no responsibility for the design, construction, maintenance, or
;,.
longevity of developer installed retaining walls.
:,:.;
L. Park Dedication will be a combination of cash and land:dedication. A total of 1.4 acres
of land will be dedicated for park development. Outlot,A, Wensmann Ninth Addition
�r�.:•-.
' will be dedicated to the City. The cash contribution w�I be in the amount of
{t� {-�.;
$
;;;
. ��,:R-�. .�•, .
. l�: Wensman9.dev
Page 9 of 11
,��;
�}+...:��
'�y� �
,�,:: ;.
, M. Sidewalks will be installed by the developer on the north�side of the east-west street
labeled December Trail. Eight-foot wide bituminous traals will be constructed by the
developer along Dodd boulevard. If construction is deemed premature, then the value of
the delayed improvement must be escrowed. .-4�,,;:^
N. The Homeowners' Association previously referred to'in°tthis Agreement may not be
dissolved or otherwise relieved of obligations herein described without prior approval of
the City by recorded resolution of the City Council.
O. The Developer agrees to the assessments for future improvements on Dodd Boulevard,
water main improvements, and trail improvements.
21. 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: 3312 151st Street West, Ro�semount, MN 55068. Norices to
the City shall be in writing and shall be either hand delive�ed 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, MN 55068. Attention:
City Administrator.
. IN WITNESS VV][i�1tEOF, the parties have hereunto`set their hands the da.y and year
:,s A,.
first above written.
. t ,,:c
CITY OF ROSEMOUNT
BY: #'�
E.B. McMenomy;'Mayor
BY:
Susan M. Walsh,�City Clerk
' WElvS1�iA1vN REAI.TY,Itv�.
BY: �'�'�
I� � ,.L�
.;;t:;
BY: ,,
.i i)'i,,.'.
� . � � .iii�,'•�:��. � . . .
� . � - �:�''�.,�. . . . . .
{
Wensman9.dev
Page 10 of 11
. -
Its
STATE OF MINNESOTA )
� ) �
COUNTY OF DABOTA )
The foregoing instrument was acknowledged before me this day of_
, 1995, by E.B. McMenomy, Ma.yor, and`Susan M. Walsh, City Clerk, of
the City of Rosemount, a Minnesota municipal corpora.tion, on belialf of the corporation and
<:,;
pursuant to the authority gra.nted by its City Council. -
Notary Public
STATE OF MINNESOTA )
) �
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this da.y of
, 1995, by Herbert H. Wensmann, President of Wensmann Realty, Inc., a
corpora.tion under the la.ws of Minnesota as the free act and deed of the corpora.tion.
Notary Public
� . i:, .F.. . � � ..
DR�rID BY: :F
y C1'
City of Rosemount
2875145th Street West �
P.O. Box S10
Rosemount, MN 55068-OSI D �
�;:
; ;
;_,
- Wensman9.dev
Page I1 of 11
WENSMANN NINTH ADDITION
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'HEET 3 OF 3 SHEETS