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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: , • ; !� 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. 3 � . .....�,...��... � . .-...4'.'.�':.. . . . � . . �_Yi .�. . 1 . . ,zl.�'.' . . 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. , ��,, , T,, ,. E.B. McMenomy, Mayor ATTEST: . Susan M. Walsh, City Clerk Motion by: Seconded by: ��-�' Voted in favor: , ;. Voted against: `;;`,: '_,'`.?�s�, , 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; Wensman9.dev • Page 1 of ll �%. ,. 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; ,;;, 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. � ,"'� �,;;, 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. Wensman9.dev > Paga 2 of 11 „i� 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; � a .�� . 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; :'i;, :, 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; i';':�'� �4 (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; � � � � � ,Lti�na � . . 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. `'�""`"`` Wansman9.dev `' '� Page 3 of 11 .. . . . . . �i o-:�.r'.,: . . . ;:r�,.: . ;�c� 'tit• ' , ,`�.)i''�, 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: ,:: ; �=;:;r : 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 � ,t��s>.,. � 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 ,; 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 w�s��.ae� Page 4 of 11 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. ``''' ...���� ;i,i �.zr� ;'•.;yli'r� � Wensman9.dev , ;,+ > pageS of ll t-t 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. �����3�r� ; 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 Wensman9.dev Page 6 of ll i; ..�k':::.. . 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. ,i 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 ,,; . 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 Pe tY 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 � ���,��. � limited to, the issuance of building permits for lots w�ich the Developer may or may not �: �d.`3� ,� � _ Wensman9.dev Page 7 of 11 :.;�; �: • 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. . 1..Y'Y':::� 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. t.,_ 3 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. :�t1��v,. 20. Miscellaneous. � . . �s�k�;t��t�,. � . � 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: . , �34f.>, . , 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. Wensman9.dev Page 8 of 11 . �....,_. . � 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. r'�F.�.,: 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'� . ��-_;}=; . ,, . 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. 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