HomeMy WebLinkAbout9.g. Rosemount Village Square Final Plat and Development Agreement � � City of Rosemount
Executive Summary for Action
City Council Meeting Date: April 19, 1994
Agenda Item: Rosemount Village Square Agenda Sectioa:
Final Plat and Development OLD BUSINESS
Agreement
Prepared By: Richard Pearson Agend�p` ` � � w
Assistant Planner " t M (,
u
Attachments: Resolution; Draft Development Approved By:
Agreement; Survey & Site
Plan. �
Mr. Ron Carlson, Carlson Properties of Rosemount, Inc. , is
requesting final plat approval for Rosemount Village Square. The
fiz�al plat is needed for the sale of parcels for the single use
buildings, as well as fulfilling previous commitments to replat
South Rose Park Addition Replat.
The Planning Commission reviewed the final plat and an early draft
of the agreement on April 12 , 1994 and recommended approval .
The new plat creates separate parcels for Chippendale Center, the
auto service, the fast food, and, finally, the primary shopping
center, including the grocery anchor with attached retail and the
new freestanding retail building that replaces the drugstore
anchor.
Future subdivisions may or may not occur. As a result, the Master
Subdivision and Planned Unit Development Agreements are being
combined. A draft is attached for your review. This is the final
opportunity to provide review and comment on the Rosemount Village
Square development . The agreement has recently been reviewed by
the city attorney' s office. Revisions may be requested as a result
from the developer' s review of the draft agreement.
Recoamnended Actioa: MOTION to adopt A RESOLUTION APPROVING THE
FINAL PLAT FOR THE ROSEMOUNT VILLAGE SQUARE COMMERCIAL PLANNED
UNIT DEVELOPMENT and authorizing the execution of the Rosemount
Village Square Development Agreement.
City Council Action: ',
4-19-94.002
1
1
1
WHEREAS, the Carlson Properties of Rosemount, developer, has
submitted a final plat for the Rosemount Market Square, formerly
reviewed and approved as the Rosemount Village Square; and
WHEREAS, on March 15, 1994 the City Council of the City of
Rosemount held a public hearing and approved the Rosemount Village
Square Commercial Planned Unit Development and preliminary plat;
and
WHEREAS, the Planning Commission of the City of Rosemount reviewed
the final plat for Rosemount Market Square and recommended
approval.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City
of Rosemount, Minnesota approves the Rosemount Market Square final
plat subject to an executed Rosemount Market Square Development
Agreement.
ADOPTED this 3rd day of May, 1994.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1994 -53
A RESOLUTION GIVING APPROVAL TO THE
ROSEMOUNT MARKET SQUARE FINAL PLAT
.1 )6.
E.B. McMenomy, Mayor
Y,
Motion by: McMenomy Seconded by: Anderson
Voted in favor: McMenomy, Staats, Anderson
Voted against: Wippermann, Busho
RsmtMktSq.FnL
May 3, 1994
Revised 4/14/94
Subdivision and Planned Unit Development Agreement
ROSEMOUNr VILLAGE SQUARE
For Lots 1, 2, 3, 4 and 5, Block L
T�[s AG�EMErrr dated day of , 1994, by
and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and
CARLSON PROPERTIES OF ROSEMOUNT, Box b9, Rosemount, Minnesota 55068, (the
"Developer").
1. Rec�uest for Plat A�proval. The Developer has asked the City to approve a replat of land
and a commercial planned unit development to be known as RosEMourrr Vu,LAGE SQu�
(also refened to in this agreement as the "plat"). The land is legally described as follows:
Lots l, 2, 3, 4, and 5, Block 1, Ros�oviv'r VII,T.AGE SQu�, according to the
recorded plat thereof, Dakota County, Minnesota.
The Developer intends to replat the part of Block l, SOUTH ROSE PARK ADDITION REPLAT
described as follows: �
Lot 1, Block 1, SOUTH ROSE PARK ADDTTION REPLAT, aCcording to the recorded plat
thereof, Dakota County, Minnesota., Except the West 225.00 feet thereof, as measured at
right angles to and parallel with the west line of saidlot i.
Together with a 30 foot wide non-exclusive driveway easement being 15.00 feet on each
side of the following described centerline:
Beginning at a point on the west line of said Lot l, distant208;33 feet Southerly of the
northwest corner of said Lot 1; thence Easterly at right angles to said west line, a
distance of 225.00 feet and there terminating.
- a�vn -
Lot 3, Block 1, SOLJTH ROSE PARK 2ND ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota.
_ � _
(COMMON DRIVEWAY)
The North 60.00 feet of Lot 4, Block 1, SOUTH ROSE PARK ZND ADDITION, as measured
at right angle to and parallel with the north line of said Lot 4.
The five lots in RosEMou�v'r Vu.LAGE SQu� will be comprised of the above referenced !
parcels from SOUTH ROSE PARK ADDITION REPLAT and SOUTH ROSE PARK 2ND ADDTTION.
Lot l, Block l, RosEMourl'r VII.LaGE SQu� may be further subd.ivided in the future in
conformance with the City of Rosemount Subdivision Ordinance.
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�
The RosEl�ourrr VII.LAGE SQu.� Commercial Planned Unit Development has been granted
variances to the following Zoning Ordinance standards:
1. lot coverage average of RosEMouNr VII..LaGE SQu,� established at 80% hard
surface area;
2. the pylon sign includes a significant aesthetic feature in the form of a clock in return
for sign area of 120 sq. ft. in variance to the sign ordinance;
3. the front yard surface parking setback will be reduced to fifteen (15) feet;
4. lot width variance for Lot 2, Block 1, ROSEMOUNT VILLAGE SQUARE; and
5. the side lot surface parking setback between Lots 1 and 4, Block 1, RosEMourrr
Va,LA�E SQu,� have been reduced to two'(2) feet.
2. Specific Conditions of A� rn oval. The City, through this Agreement, approves the Plat upon
the following specific conditions:
A. Easements for access, drainage, and utilities, as required by the city engineer, including
easements for ingress and egress over Lot l, Block 1, Rosemount Village Square to the
parcels occupied by Patrick and Zelda Fahey (Dairy Queen), Pizza Huts of the
Northwest, and Richfield Bank and Trust Co. (McDonald's), and Lyndale Terminal Co.
(Holida.y Staxionstore). The utility easement that tra.verses Lot 1, Block 1 must also be
recarded with the plat, including the northern twenty (20) feet of the parcel owned by
Patrick and Zelda Fahey. The parcel labelled Outlot B shall not be subdivided from Lot
l, Block 1. Furthermore, Outlot A shall be combined with Lot 4, Block 1, with cross-
access easements for the adjacent lots.
B. The City will not be responsible to pay for any portion of future right-of-way or
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easement acquisition costs required by the County or 1�'�[��:;���[��r�:.;��
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�'����ta��x� due to future improvements along CSAH 42 to the Developer, it's
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successors, assigns, or tenants. �,
C. The Developer and the City both recognize that the safety of traffic and pedestrians on II
Chippendale Avenue is a concern. A median extending from CSAH 42 to 151st Street
West will have to be constructed at such time as traffic volumes warrant. Therefore, the
City will not be held responsible for claims of "takings" or "damages" from this
developer, its' successors, assigns, and tenants. Furthermore, the Developer agrees to
pay for these safety improvements if needed, as determined by the City within the �
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years after the approval of this development contract by the City Counc�l ���:::'��:;�::::�f
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D. The Developer agrees to pay all of the City's share of costs far the right turn lane an
Canada Avenue at CSAH 42 and for all initial acquisition and placement of "no parking"
signs on Canada Avenue, all of which are to be approved by the City Engineer.
E. The Developer agrees to assume responsibility for all costs to design and construct, right
and left turn lanes directly into the proposed development, off of CSAH 42 and 151st
Street West.
F. The Developer agrees to pay all city share of all costs for the requested right tum lanes
on east bound CSAH 42 at Chippendale and Canada Avenues.
G. No additional public or private streets or driveways for access are to be constructed on
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Lot 1, Block 1 �r:;:t�Z�::.:��€���::::.: ::::�eQ��:::�<:��;::$�::���::: �a�r�. One access onl will
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be allowed to Lot 5 Bl II
, ock 1 to either Canada Avenue or 151 st Street West at the tune
development occurs. Site Plan review with the Planning Commission will be required.
H. Developer shall provide the sum of$11,500. as a park dedication fee for the plat of
ROSEMOUNT VILLAGE SQUARE.
I. The Developer is responsible for all costs incurred by the City for engineering, planning
or other consulting fees up to a maximum amount equivalent to five percent of
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7. The Developer is responsible for disclosure and must provide a copy of this development
agreement to all tenants and purchasers of lots or buildings within the Planned Unit
Development.
K. All grading and utilities plans and specif'ications must be approved by the City Engineer.
L. Five foot wide sidewalks must be installed along the north side of 151st Street extending
from Canada to Chippendale Avenues.
M. The Developer is responsible for restoration or relocation, as necessary, of the eight (8)
foot wide bituminous trail on the south side of CSAH 42.
N. The western freestanding retail use building must receive Site Plan Review from the
Planning Commission prior to issuance of building permits if any deviation from design
and materials from the approved grocery anchor and attached retail structures as
approved.
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Approval from the Planning Commission prior to the issuance of building permits.
P. A security in the amount of $30,500 in the form of a letter of credit or performance bond
for landscaping.
Q. All construction and site improvements shall conform with applicable building and fire
codes.
R. The City shall not be held responsible for replacing Developer installed ��:it�t�u��;
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���iu��n�� disturbed as a result of maintenance or repairs to utilities or other public
infrastructure.
S. A sign plan must be provided by the developer and reviewed and accepted by Planning
staff to ensure consistency with regard to location, size, and type for all wall signs on
buildings on Lot 1, Block 1, ROSEMOUNT VILLAGE SQUARE in ConformanCe with Section
10. Sign Ordinance of Ordinance B - City of Rosemount Zoning Ordinance. ;t�;`>;�
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..............................................................................................................................
3. General Conditions of Plat A nu roval. In addition to the special requirements set forth in
pa.ragraph 2 above, Developer and, as applicable, the City agree to the following terrns and
conditions:
A. For two (2) years from the date of ttus Agreement, no amendments to the City's
Comprehensive Plan, Zoning Ordinance or official control, shall apply to or affect the
use, development, or dedications of the approved Plat, unless required by state or federal
law or agreed to in writing by the City and the Developer or specified above in paragraph
three (3). Thereafter, notwithstanding anything in this Agreement to the contrary, to the
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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 Agreement.
B. The Dev 1 r h
e o e s all install or cause to be installed and a for the followin :
P PY g
1. Sanitary Sewer; ��I
2. Water; �
3. Storm Sewer;
4. Private Streets; ',
5. Concrete Curb and Gutter;
6. Boulevard Sod;
7. Street Lights;
8. Sidewalks and Trails;
9. Street Signs;
10. Setting of Lot and Block Monuments;
1l. Surveying and Staking of Work to be Performed by the Developer; and
12. Gas, Electric, and Telephone Lines.
The City shall reimburse the Developer for core facilities that the Developer installs at
the difference between core and lateral cross as determined by the City Public Works
Director and approved by the Utility Commission. The improvements shall be installed
in accordance with City standards, ordinances, and plans and specifications, prepared by
a competent, registered professional engineer, furnished to the City and approved by the
City Public Works Director. The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before proceeding with
construction. The Developer shall instruct its engineer to provide adequate field
inspection personnel to insure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the
approved Ciry standards as a condition of City acceptance. In addition, the City will
monitor the Developer's inspector regarding the construction work necessary to insure
compliance with City standards. The Developer or its engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with
all the parties concerned, including City staff, to review the program for the construction
work. Within thirty (30) days after the completion of the improvement, the Developer
shall supply the City with a complete set of reproducible "Record Plan" drawings. The
Developer or Assigns shall warranty the Developer installed utilities against poor
materials and faulty workmanship for a period of two (2) years from the date of written
acceptance by the City. Upon cert�ed compliance with City engineering and utility
standards, the City will issue written notice of acceptance of developer installed utilities.
C. The developer hereby grants the City, its agents, employees, officers, and contractors a
license to enter the Plat to perform a.11 work and inspections deemed appropriate by the
City during the installation of improvements. This license shall expire after the Plat has
been fully developed.
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D. 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 excavation and backfilling
operations of the Development shall be reseeded forthwith after the 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 seeds suitable to the e�cisting soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and
disc-anchored, as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion. If the Plat 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. T'he 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 has incurred for such work ,
within thirty (30) days of written notice, the City may cause the development activities to '
cease and issue no further building permits until Developer's obligation is met. I,
E. The Developer shall clean dirt and debris from streets that have resulted from '
construction work by the Developer, its agents or assigns, within 24 hours after notice
by the City.
F. The Developer shall be responsible for the following development-related costs:
1. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or
the City in conjunction with the development of the Plat 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 Plat,
the preparation of this Agreement and all costs and expenses incurred by the City in
monitoring the inspecting development of the Plat.
2. The Developer shall hold the City and its officers and employees hannless from claims
made by itself and third parties for damages sustained or costs incurred resulting from
Plat approval and development. The Deveioger 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.
3. The Developer shall reimburse the City for any and all costs incurred in the
enforcement of this Agreement, including engineering and attorney's fees within thi.rty
(30) days after written notice of default and opportunity to cure.
4. 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.
5. 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 Plat development work and construction including, but
not limited to, the issuance of building permits for lots which the Developer may ar
may not have sold, until the bills are paid in full.
6. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as, but not limited to, sewer availability
charges ("S.A.C."), City water connection charges, City sewer connection charges,
City storm water connection charges, and building permit fees.
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I .._
7. The Developer shall pay all energy costs for street lights installed within the
Rosemount Village Square development.
G. No Certificates of Occupancy for the development shall be issued until:
1. all public utilities are tested, approved by the City Engineer, and in service; and
2. the Developer, in executing this Agreement, assumes all liability and costs for damage
or delays, incuned by the City, in the construction of public improvements, caused by
the Developer, its employees, contractors, subcontractors, materialmen, or agents.
4. Administrative Provisions.
A. The Developer represents to the City that to the best of its knowledge, the Plat complies
with all City, county, metropolitan, state and federal laws and regulations, zoning
ordinances, and environmental regulations. If the City determines that the Plat does not
comply, the City may, at its option, refuse to allow construction 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. i
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties. I
C. 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. ',
D. 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.
E. 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.
F. 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 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 attomey's fees, that the City incurs in assisting in the preparation of the
review.
G. This Agreement shall run with the land and �� be recorded �>;::::��:::������� against
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the title to the property. After the Developer has completed the work required of it
under this Agreement, at the Developer's request, the City will execute and deliver to
the Developer a release.
H. 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
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f
arising, available to the Ciry, at law or in equity, or under any other Agreement, and
each and every right, power, and remedy herein set forth or otherwise so e�cisting 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.
I. The Developer may not assign this Agreement without the written permission of the City
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J. 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: Carlson Properties of Rosemount, Box 69, Rosemount,
Minnesota 55068. Notices to the Ciry shall be in writing and shall be either hand
delivered to the City Administrator or mailed to the Ciry by registered mail in care of
the City Administrator at the following address: Rosemount City I3all, 2875 145th
Street West, Rosemount, MN 55068, Attn: City Administrator.
K. Any amendments to this Agreement shall be in writing and executed by both parties.
L. This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written. �
CITY OF ROSEMOUNT I',
sy:
E.B. McMenomy, Mayor
By:
Susan M. Walsh, City Clerk
CARI.SON PROPERTIES OF ROSEMOUNT
By:
Its
By:
Its
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State of Minnesota ) �
) ss
County of Dakota )
The foregoing instrument was acknowledged before me this da.y
of , 1994 by E.B. McMenomy, 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 authoriry granted by its City Council.
Notary Publie
State of Minnesota. ) '
) ss �''�
County of Dakota )
The foregoing instrument was acknowledged before me this day
of , 1994 by , President, and
, , Carlson
Properties of Rosemount, a Minnesota Corporation, on behalf of the partnership.
Notary Public
Drafted By:
Mike Miles
Fluegel, Moynihan & Miles, P.A.
1303 South Frontage Road
Hastings, MN 55033
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C1���e�ON I�I�OP�I��'�� o� �o��ou�vT
box 69 • I�osemount, Minnesota 55068 � 612 • 4Z3 • Z'222
April 6,1994
Mayor Edward McMenomy
City of Rosemount
2875 145th St. West
Rosemount,MN 55068
Re: Supplement to Rosemount Village Square
Planned Unit Development Project '
Honorable Mayor Edward McMenomy, '
On behalf of Carson Properties of Rosemount we submit this supplement to our '
Commercial Planned Development, Rosemount Village Square Submission.
The supplement was necessitated by several factors including market conditions,
access and circulation improvements and the necessity for additional County Rd 42 Right
of Way. A summary of the principal changes are as follows:
1) PROPOSED PROJECT .
A) Five lot Plat
1) Lot 1 - SHOPPING CENTER SITE
a) Main Building (East Retail) -phase I will be a
25,500 S.F. Grocery Store to be leased by Jubilee
foods and attached retail of 15,980 S.F. for a
First Phase total square footage of 41,480 S.F. .
A second phase on the site will accommodate a
I5,000 S.F. expansion ofJubilee food store.
b} A second building, identified as west retail of
6,720 S.F. is being built on the West side of lot 1.
It is contemplated that this building wil( be built
at the same time as the first phase Grocery store and the
East retait of 41,480 S.F. for a total First Phase
Shoppin� Center of 48,200 S.F.
Page 2
Supplement to
Rosemount Village
Square Planned Unit
Dev. Project '
� 4/6/94
2)Lot 2 - Proposed Autornotive use-No land use change. Lot area
increased slightly.
3) Lot 3 -Proposed Restaurant with a drive thru window-
No land use change.
4)Lot 4 - This lot is being formally platted. The Chippendale
Center is constructed on this lot with three tenants.
The property line and parking configuration are being
� adjusted to accommodate development on Lot l and
desired circulation.
5)Lot 5 -Lot 5 is being platted at this time principally �
- as a matter of convenience.
.
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Page 3 �,
Supplement to
Rosemount Village
Square Planned
Unit Dev. Project
4/6/94
2. LAND, BUILDING, HARD SURFACE & GREEN AREA STATISTICAL
SUMMARY
RQSEMOUNT VILLAGE SQUARE
SfTE AND BUfLDIN� DATA
OVERALL HARD HAP.O BJII.DING PARKIhu PARKfiVG
SITE SURFACE SURF�CE AREA REGUIRED PRQiRQED
AREA AREA (9�) tS.F.) AT 5i1404
(S.F.) (S.F.)
LOT 1 290,408 239.C17 �2.3 63.20�� 316 348
(RETAII}
LOT 2* -
(AU70 �5.898 `C�.i�B 6,;.2 1.5SQ 8 8
SERVICE}
LbT �*
.ESTAURAN 39,8�8 3G,569 :c.n ,'+„8���• 4� 50
TQTAL �46,3C4 27�,6y4 80.8 68..35�� 3,:•� 4�6
{AV�RA;ES
l
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Page 4
Supplement to
Rosemount Village
Square Planned
Unit Dev. Project
4/6/94
3) SHOPPING CENTER VEHICULAR CIRCULATION
MODIFICATIONS
Upon review of the original site plan all parties agreed that the potential
existed for too many e�ting trips on the west service drive. This potential
high volume of trips could lead to a breakdown in the roadway system.
By removing the bend in the retail shopping center and keeping the
principal East/West road, running in front of the shopping center closer
to 151 st, on the west end of the shopping center, it was agreed that a
higher percentage of the trips would be on 151 st Street, rather than the
west service drive. This changed allowed us to install a North/South
drive isle from the Restaurant to 151 st Street. This change required us
to create the separate west retail building of 6,720 S.F
4) COUNTY ROAD 42 RIGHT OF WAY AND FRONT YARD PARKING
SETBACKS
Dakota county requested a 100 foot half right of way along the North edge '
of the project. This request was an unacceptable condition for the project '
to proceed. As a result of site plan modifications, County and City '
negotiations, a 70 foot half right of way along with a fifteen(15) foot
easement for utilities and the pathway is acceptable to Carlson Properties
of Rosemount. As a result of Dakota County's request , our parking set -
back requirement will have to be at fifteen feet and coincide with the
utility and pathway easement. The buiiding setback along County Road 42
will remain at thirty (30) feet.
We remain committed to the project as long as the project is not unduly burdened with
excessive requirements. Thank you for your support and interest in our project.
Sincerely Yours,
:
:
��U �
Ron C -
for Carlson Properties of Rosemount
f
� lYl�LV101CL�lr L V lVl . . . . . .
DATE: April 19, 1994
TO: Mayor & City Council
FROM: Thomas D. Burt, City Administrator
SUBJECT: ROSEMOUNT VII.LAGE SQUARE DEVELOPMENT AGREEIV�'.NT
Before you this evening is the development agreement for Rosemount Village Square. This '
agreement represents countless hours by the Carlsons and City Staff. The process has not
always been smooth but is at a point now of nearing completions. '
The Carlsons and Staff are at an impasse with five issues. Staff has presented a proposal that
reflects the best interest of the City, however, these can stand in the way of finalizing this ,
project. The remaining issues are as follows '
Item 2. C.: in my discussions with Ron Carlson he is willing to compromise and ',
wave his right of future claim of taking or damages for Villa.ge Square but not the ��
e�sting Chippendale Center. Mr. Carlson feels the City should honor its 1985 ,
agreement that states he has free access on Chippendale and does not want to loose '
his rights because of the new development. �,
Item 2. D.: the traff'ic engineer for the Carlsons indicated there would be a need for a '�
right tum lane from Canada: on to CSAH 42. The Cazlsons have asked for this to be
assessed to all benefited properties or assistance from Loca1 Effort Financing
• (LEF)when available.
Item 2. E.: this item refers to the center median entrance into the shopping center and
driveway access off 151 st Street. The City has asked the County to fmancially
participate in the construction of the entrance to the shopping center. The Carlsons
have agreed that this is their primary entrance that they benefit the greatest from. This
entrance should be the responsibility of the developer as they are the Primary
beneficiaries. The Carlsons have agreed they will pay for the entrance or the 45% if
the County does participate.
Item 2. F.: right turn lanes have been proposed at both Canada and Chippendale
Avenues, the Carlsons have asked these public improvements be paid for with LEF or
assess the improvements to all benefited pmperties. Staff agrees that these
improvements will benefit all the businesses in the area.
The remaining issue relates to STAC charges. Mr. Carlson would like to waive the
STAC charge in exchange of Wachter pond. In review, this is a DNR protected
wetland that the City has ea.sements rights to and there is not a real benefit to the City
to own the pond.
This represents the major concerns of the Carlsons and I believe to assure this development
some compromise can be reached. The im ortance of this develo ment for Rosemount far
P P
out weighs these issues. The remaining issues should not be viewed as financial assistance to
the developer, but a means to assure development and an alt�rnate way to finance public
unprovements.
2
,
.
Revised 4/19/94
Subdivision and Planned Unit Development Agreement
ROSEMOUNT VILLAGE SQUARE
For Lots 1, 2, 3, 4 and 5, Block 1.
1'ffis AGxEEMErrr dated day of , 1994, by
and between the CrrY oF RosEMoulv'r, a Minnesota municipal corporaxion, ("City"), and
CARLSON PROPERTIES OF ROSEMOUNT, Box 69, Rosemount, Minnesota 55068, (the
"Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a replat of land
and a commercial planned unit development to be known as Ros�ouN'r Vu,LAGE SQu�
(also referred to in this agreement as the "plat"). The land is legally described as follows:
Lots l, 2, 3, 4, and 5, Block 1, ROSEMOUNT VILLAGE SQUARE, according to the
recorded plat thereof, Dakota County, Minnesota.
The Developer intends to replat the part of Block l, SOUTH ROSE PARK ADDITION REPLAT
described as follows: �
Lot 1, Block 1, SOUTH ROSE PARK ADDITION REPLAT, according to the recorded plat
thereof, Dakota County, Minnesota., F�ccept the West 225.00 feet thereof, as measured at
right angles to and parallel with the west line of said lot L
Together with a 30 foot wide non-exclusive driveway ea.sement being 15.00 feet on each
side of the following described centerline:
Beginning at a point on the west line of said Lot 1, distant 208.33 feet Southerly of the
northwest corner of said Lot 1; thence Easterly at right angles to said west line, a
distance of 225.00 feet and there terminating.
- A1�m -
Lot 3, Block 1, Sotrrx RosE P�c 2x� ADDrrioN, according to the recorded plat
thereof, Dakota County, Minnesota.
- Alvn -
(COMMON DRIVEWAY)
The North 60.00 feet of Lot 4, Block 1, SOLTTH ROSE PARK 2ND ADDTTION, as measured
at right angle to and parallel with the north line of said Lot 4.
The five lots in RosEMourrr VII..LAGE SQuax� will be comprised of the above referenced
parcels from SOUTH ROSE PARK ADDITION REPLAT and SOUTH ROSE PARK 2ND ADDITION.
Lot 1, Block 1, RosEMou�v'r VII..LAGE SQu� may be further subdivided in the future in
conformance with the City of Rosemount Subdivision Ordinance.
b:lRsmtVilSquare
Page 1 of 8
The RosEl�oulv'r VII.LA�E SQu� Commercial Planned Unit Development has been granted
variances to the following Zoning Ordinance standards:
1. lot coverage average of RosEMoulv'r VII.,LAGE SQu� established at 80% hard
surface area;
2. the pylon sign includes a significant aesthetic feature in the form of a clock in return
...........
for sign area of;��i;';�:;:�:::�>:::::';:'::'�<:����i��i;
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3. the front yard surface parking setback will be reduced to fifteen (15) feet;
4. lot width �d`::�a�::'a�€�a variance for Lot 2, Block l, ROSEMOLTNT VILLAGE SQUARE; and
..........._...._
5. the side lot surface parki ng setback between-Lots 1 and 4, Block 1, ROSEMOUNT
VII.LAGE SQuaxE have been reduced to two (2) feet.
2. Suecific Conditions of Agproval. The City, through this Agreement, approves the Plat upon
the following specif'ic conditions:
A. Easements for access, drainage, and utilities, as required by the city engineer, including
easements for ingress and egress over Lot l, Block l, Rosemount Village Square to the
parcels occupied by Patrick and Zelda Fahey (Dairy Queen), Pizza Huts of the
Northwest, and Richfield Bank and Trust Co. (McDonald's), and Lyndale Terminal Co.
(Holiday Stationstore). The utility easement that traverses Lot l, Block 1 must also be
recorded with the plat, including the northern twenty (20) feet of the parcel owned by
Patrick and Zelda Fahey. The parcel labelled Outlot B shall not be subdivided from Lot
1, Block 1. Furthermore, Outlot A shall be combined with Lot 4, Block l, with cross-
access easements for the adjacent lots.
B. The City will not be responsible to pay for any portion of future right-of-way or
..............................................................
easement acquisition costs required b the Count or .:�''..���;�a€�` ,;:;`":::';;::::.:i€�i��z#::::��
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�'�an���;�i�i� due to future improvements along CSA�i 42 to the Developer, rt s
::::::::::.::........................
successors, assigns, or tenants.
C. The Developer and the City both recognize that the safety of traffic and pedestrians on
Chippendale Avenue is a concern. A median extending from CSAH 42 to 151st Street
West will have to be constructed at such time as traffic volumes warrant. Therefore, the �,
City will not be held responsible for claims of "takings" or "damages" from this ,,
, �
d v 1 h re the Develo er a rees to
e e o er its successors assi ns and tenants. Furt ermo
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pay for these safety improvements if needed, as determined by the City within the�i'�� '�,
years after the approval of this development contract by the City Council ���':'��:�;':t��' '
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D. The Developer agrees to pay all of the City's share of costs for the right turn lane on
Canada Avenue at CSAH 42 and for all initial acquisition and placement of "no parking"
signs on Canada Avenue, all of which are to be approved by the City Engineer.
E. The Developer agrees to assume responsibility for all costs to design and construct, right
and left turn lanes directly into the proposed development, off of CSAH 42 and 151st
Street West.
F. The Developer agrees to pay all city share of all costs for the requested right turn lanes
on east bound CSA�I 42 at Chippendale and Canada Avenues.
b:\RsmtVilSquare
Page 2 of 8
G. No additional public or private streets or driveways for access are to be constructed on
.................... ............
Lot l, Block 1. �4::���;:`�� be allowed to Lot 5, Block 1 �i�� either Canada Avenue
.............. ............
or 151 st Street We t " � ' ��it�� l '`` the Pl nnin
s �a.xt� s e an review �: ' ir��:::t�::::��i�::::����;:::�xt� a
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Commission.
Fi. Developer shall provide the sum of $11,500. as a park dedication fee far the plat of
ROSEMOUNT VILLAGE SQUARE.
I. The Developer is responsible for all costs incurred by the City for engineering, planning
or other consulting fees up to a maximum amount equivalent to five percent of
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construction costs >.�'>:>:_..::::�::.:�;>.<>:..>>:::»::�: <:`:<`:>:::``:��c:>::: :�. :� > �e.
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J. The Developer is responsible for disclosure and must provide a copy of ttus development
agreement to all tenants and purchasers of lots or buildings within the Planned Unit
Development.
K. All grading and utilities plans and specifications must be approved by the City Engineer.
L. Five foot wide sidewalks must be installed along the north side of 151 st Street extending
from Canada to Chippendale Avenues.
M. The Developer is responsible for restoraxion or relocation, as necessary, of the eight (8)
foot wide bituminous tra.il on the south side of CSAH 42.
N. The western freestanding retail use building must receive Site Plan Review from the
Planning Commission prior to issuance of building permits if any deviation from design i
and materials from the approved grocery anchar and attached retail structures as ',
aPProved. �I
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r ive Site Plan e ew
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Approval from the Planning Commission prior to the issuance of building permits.
P. A securiry in the amount of $30,500 in the form of a letter of credit or performance bond
for landscaping.
Q. All construction and site improvements shall eonform with applicable building and fire
codes.
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.. .:::.:�:.. ..:::.:......
� R. The City shall not be held responsible for replacing Developer mstalled �i����,;
::.::::.:::::::::.::..�:::::::..:.:.�:::::::,:::::.:�:::::::::.:::::.:::..:.:::.:::.::..:.:::.::�:..::.:.::::.::::::.�:::.:::::.;�:.;;;:::.::::::::::.:�:::::::::.::..:::::..:�:::..;::;t;;;>
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���c���i�;�i�� disturbed as a result of maintenance or repairs to utilities or other public
;: .............::.:.....:::::
infrastructure.
S. A sign plan must be provided by the developer and reviewed and accepted by Planning
staff to ensure consistency with regard to location, size, and type for all wall signs on
buildings on Lot l, Block l, ROSEMOUNT VILLAGE SQUARE in conformance with Section
10. Sign Ordinance of Ordinance B - City of Rosemount Zoning Ordinance. :�1:;<;:,s�s
.::::::..........:..
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................................................::...................................................................::::::�::::::::::;;:;.�::::::::::::::::::::::::::::�:..:::::::::::.::::::::::::::
............:::::...............:...................................................................................
3. General Conditions of Plat Approval. In addition to the special requirements set forth in
para.graph 2 above, Developer and, as applicable, the City agree to the following terms and
conditions:
A, For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, Zoning Ordinance or official control, shall apply to or affect the
use, development, or dedications of the approved Plat, unless required by state or federal
b:�RsmtViiSquare
Page 3 of 8
law or agreed to in writing by the City and the Developer or specified above in paragraph
three (3). Thereafter, notwithstanding anything in this Agreement to the contra.ry, to 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 daxe of this A reement.
g
B. The Developer shall install or cause to be installed and pay for the following:
1. Sanitary Sewer;
2. Water;
3. Storm Sewer;
4. Private Streets;
5. Concrete Curb and Gutter;
6. Boulevard Sod;
7. Street Lights; I'�,
8. Sidewalks and Trails; '
9. Street Signs; ',
10. Setting of Lot and Block Monuments;
11. Surveying and Staking of Work to be Performed by the Developer; and
12. Gas, Electric, and Telephone Lines.
The City shall reimburse the Developer for core facilities that the Developer installs at
the difference between core and lateral cross as determined by the City Public Works
Director and approved by the Utility Commission. The improvements shall be installed
in accordance with City standards, ordinances, and plans and spec�cations, prepared by
a competent, registered professional engineer, furnished to the City and approved by the
City Public Works Director. The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before proceeding with
construction. The Developer shall instruct its engineer to provide adequate field
inspection personnel to insure an accepta.ble level of quality 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. In addition, the City will
monitor the Developer's inspector regarding the construction work necessary to insure
compliance with Ciry standards. The Developer or its engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with
all the parties concerned, including City staff, to review the program for the construction
work. Within thirty (30) days after the completion of the improvement, the Developer
shall supply the City with a complete set of reproducible "Record Plan" drawings. The
Developer or Assigns shall warranty the Developer installed utilities against poor
materials and faulty workmanship for a period of two (2) years from the date of written
acceptance by the City. Upon certified compliance with City engineering and utility
standards, the City will issue written notice of acceptance of developer installed utilities.
C. The developer hereby grants the City, its agents, employees, officers, and contractors a
license to enter the Plat to perform all work and 'mspections deemed appropriate by the
City during the installation of unprovements. This license shall expire after the Plat has
been fully developed.
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Page 4 of 8
D. 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 excavation and backfilling
operaxions of the Development shall be reseeded forthwith after the completion of the
work �n that area. Except as otherwise provided in the erosion control plan, seed shall
be rye grass or other fast-growing seeds suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and
disc-anchored, as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion. If the Plat 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. 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 far any cost the City has incurred for such work
within thirty (30) da.ys of written notice, the City may cause the development acti�ities to
cea:se and issue no further building permits until Developer's obligation is met.
E. The Developer shall clean dirt and debris from streets that have resulted from
construction work by the Developer, its agents or assigns, within 24 hours after notice
by the City.
F. The Developer shall be responsible for the following development-related costs:
1. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or
the City in conjunction with the development of the Plat 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 Plat,
the preparation of this Agreement and all costs and expenses incurred by the City in
monitoring the inspecting development of the Plat.
2. The Developer shall hold the City and its officers and employees hannless from claims
made by itself and third parties far damages sustained or costs incurred resulting from
Plat approval and development. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City may pay ar
incur in consequence of such claims, including attomey's fees.
3. The Developer shall reimburse the City for any and all costs incurred in the
enforcement of this Agreement, including engineering and attorney's fees within thirty
(30) days after written notice of default and opportunity to cure.
4. 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.
5. 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 Plat 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.
6. In addition to the charges and special assessments referred to herein, other charges and
speeial assessments may be unposed such as, but not limited to, sewer availability
charges ("S.A.C."), City water connection charges, City sewer connection charges,
City storm water connection charges, and building permit fees.
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Page 5 of 8
7. The Developer shall pay all energy costs for street lights installed within the
Rosemount Village Square development.
G. No Certificates of Occupancy for the development shall be issued until:
1. all public utilities are tested, approved by the City Engineer, and in service; and
2. the Developer, in executing this Agreement, assumes all liability and costs for damage
or delays, incurred by the Ciry, in the construction of public improvements, caused by
the Developer, its employees, contractors, subcontra.ctors, materialmen, or agents.
4. Administrative Provisions.
A. The Developer represents to the City that to the best of its knowledge, the Plat complies
with all City, counry, metropolitan, staxe and federal laws and regulations, zoning
ordinances, and environmental regulations. If the City determines that the Plat does not
comply, the City may, at its option, refuse to allow construction 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.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
C. 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.
D. 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.
E. The action or inaction af 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.
F. The Developer represents to the Ciry 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 govemmental 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 Ciry for all expenses, including
staff time and attorney's fees, that the City incurs in assisting in the preparation of the
review.
G. This Agreement shall run with the land and S��ll be recorded l�>';;�i��::������:e�c against
�
«:«.:««<.:
>:.;:�:.:::::>::::::::::::::.::::::::.::::::.
the title to the property. After the Developer has completed the work required of it
under this Agreement, at the Developer's request, the City will execute and deliver to
the Developer a release.
H. 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
b:�RsmtVilSquare
Page 6 of 8
.
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 aften 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.
I. The Developer may not assign this Agreement without the written permission of the City
. ::::::>::»::>:»»<.::::::>::>::>:>:::;:::»::>::>: ��::;::>::::>:::�»::»::>::>:::;:::>;::>:>::>::>::>::>::::::::::::::.:>::>::>::>:;:::>:::::>::>::>::>::>::>::»:::::::::>::::::<::::>:;:::>::>:;:.::>:>::;�:::>::>::::>::;>::::::t::>::>::>::,::>::>::>::>::»»::»:::::;:�>:,<;,::.:
Counc�l �...::�:<#��:::t��::::�r��.� � �r:;:�n�:.�>:::� : ::::::�::::a ...:��:::��:::�::::�t�� �a��:>��:::�;t
�::::::::::::::::::.:::::::::::::::::::::�::::::::::::.::::::.:::: :::::::::::.::::::..::::::::::::::::::::::::::::::::::::::::::::..�:.::..:::::::.._::::::..:::::::::::::::.
..:::::::�.::.:::�.:::::::::::::::�.:::::.�:.:::::::::::::::::::::::::::::::::::::�.::.:::::::::::::::::..�::::::::::::.
�:>;::<:.:><.;.;:;:.>:_::>>.:::>:>:>::>.:::>.::>..;;;::<::.::::»:>:>::<:>:...;>::>:::>:::::>::>::>::.::::::>�;::.:::>:<;;<:>:: :>><:.,`:<:>::.::><,>.,>,<,..>..;.;::;;<._::.;:;
;: �x� �t����x�t��.����s€�����sc������+` ��f����.��
J. 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: Carlson Properties of Rosemount, Box 69, Rosemount,
Minnesota 55068. Notices to the City shall be in writing and shall be either hand
delivered to the Ciry Administra.tor 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, Attn: City Administrator. '
K. Any amendments to this Agreement shall be in writing and executed by both parties. I,
L. This Agreement shall be governed by the la.ws of the State of Minnesota. �I
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
CITY OF ROSEMOUNT
By:
E,B. McMenomy, Mayor
By:
Susan M. Walsh, City Clerk
CARLSON PROPERTIES OF ROSEMOUNT
By:
Its
By:
Its
b:tRsmtVilSquare
Page 7 of 8
•
�
State of Minnesota )
) ss
County of Dakota )
The foregoing instrument was acknowledged before me this day
of , 1994 by E.B. McMenomy, Mayor, and Susan M. Walsh, City
Clerk, of the City of Rosemount, a Minnesota municipal corpora.tion, on behalf of the
corporation and pursuant to the authority granted by its Ciry Council.
Notary Public
State of Minnesota )
) ss
County of Dakota )
The foregoing instrument was acknowledged before me this day
of , 1994 by , President, and
, , Carlson
Properties of Rosemount, a Minnesota Corporation, on behalf of the partnership.
, Notary Public
Drafted By:
Mike Miles
Fluegel, Moynihan & Miles, P.A.
1303 South Frontage Road
Hastings, MN 55033
b:�RsmtVilSquare
Page 8 of 8
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a ,
.SF�g��m� . . . .
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C1TY OF ROSEMOU NT Z8�5—`;TMt"AeetWest
es. ���
P.O.Box 510
Everythrng's Coming Up Rosemountl! R 55o6a os�oN
. � �
Phone:612-423-4411
Fax:612-423-5203
TO: Jack Heshler, Attorney for Carlson Development
FROM: Bud Osmundson, P.E.
City Engineer, Rosemount
RE: Determination of :
MWCC Sanitary Sewer Availability Charge (Metro SAC)
City Sanitary Sewer Availability Charge (SAC)
City Water Sewer Availability Charge (WAC}
City Storm Sewer Availability Charge (STAC)
For the Proposed Rosemount Village Square
1. MWCC SAC
The MtnTCC SAC charge is $800 per SAC unit for 1994 . The
number of units is determined by the MWCC when a final set '
of detailed plans is sent to them for their analysis . It ';
is based on plumbing facilities, types of use, etc. The ',
City collects this fee and send it to the MWCC. This fee ',
is always collected with the building permit fees . !,
Until detailed plans are completed the City cannot provide
this fee amount for the shopping center. We will assume
that the separate Lots 2, 3 , and 5 will pay this fee (and
others detailed below) , as building permits are issued for
structures on those lots .
2 . City SAC
The City SAC charge is $1020 . 00 per SAC unit, based on the
number of as units determined by the MWCC. The amount is
set forth by City Ordinance for 1994.
3 . City WAC
The City WAC charge is based on the size and number of
water services installed as follows as set forth by City
Ordinance for 1994 : •
1" $1705 . 00
1�° $3420 .00
2 " $5120 . 00
Greater than 2" Determined by City Council
In addition there are charges for water meter
installation. .
. � Vnnrtdonrayrledpipe� .
amrainin¢30°e
post-ronsumev marerials.
I
. ` �
Again, without detailed plans for the proposed center, the
WAC charge cannot be determined.
4. City STAC i,
The City STAC charge for commercial developments is $6, 64D
per acre as set forth by City Ordinance for 1994 .
We are assuming a STAC fee was paid for Lot 4 when
Chippendale Center was constructed. We will also assume
that Lots 2 , 3 , and 5 will pay the STAC fee when
developed. Therefore, the STAC fees calculated for Lot 1,
block l based on the attached survey will be as follows :
Lot 1 6 . 667 acres X $6640/acre = $44, 268 . 88
Outlot B 0 .4345 acres X $6640/acre = $ 2, 885 .08
Total = $47, 153 .96
This total of $47, 153 .96 includes what is referred to as
"Outlot B" , the driveway into the site off of Canada
Avenue, due to Staff' s contention that "Outlot B" should
be a part of Lot 1, Block 1.
cc: Tom Burt
Ron Wasmund
Paul Heimkes �
Rick Pearson
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lOT AREA TABUlATION
Totil Plat Ara + �62,195 Sq. Ft.(10.6105 urts) .!1 O - I / U I // ��' / �
Oedtuttd ll/Y ( C.S.A.M./12) 6.616 Sq. f4 (O.lS2 �en ) � �"`� 5��� i� �i �
Lot 1 • 290,4� Sq, Ft,(6.6b7 ur�s► .�-1 -- '
4ot 2 • 15,998 Sq. Ft.(0.36�acn ) O(�1 Y L U T �
lot� • ]9.898 Sq. Ft.(0.9159�ere�
Lot t . • 17.138 S0. ft.(1.082 uns)
lot S • �9,838 Sq. Ft.(0.9116 ure)
Outiot A 7.375 Sq. Ft.(0.07)un)
� . (llif��f q • /A O�C f� C♦ /n � . / . � � . � . . � � � � .
' . , � ESTIMATED PERMIT FEE FOR
Buiiding Valuation Date
Caiculated By
Building Permit Fee
Building permit fee is based on the 1988 Uniform Building Code Table 3A which has been adopted '
by the City. i
Plan Review Fee '
The plan review =��e is b.�.sed on the 19
88 Uniform Building Code Table 3A. The plan review fee
is 65% of the building permit fes or .65 x building permit = plan review fee.
State Surcharge Fee
The State Surcharge fee is derived from the Minnesota State Stat�css Section 16B.70 - Surcharge
and the State Building Code. If the value of the structure is 51,000,000.00 or less the surcharge
is one-half mill of the value or .0005 x the value = State Surcharge. See the code saction for
values over S1,Q00,000.00.
Metro SAC Fee Units
The MWCC (Metro Waste Control Commission) SAC fee is determined by a per unit designation
from the MWCC Design ManuaL The currant per unit fee is 5800.00. To get an exact
determination of units, send a copy of the plans to MWCG
City SAC Fee � Units
The City SAC fee (adopted by resolution) is calculated by units. The number of units assigned by
MWCC are the same number of units for City SAC fees. Industrial and commercial is 51020.00
per unit. Apartments, condos and single family dwellings with central laundry facilities are 5820.00
per unit.
City STAC Fee Acres
The City STAC fee (adopted by resolution) is caleulated by units. For multi-family developments,
institutional, and public developments, the connection charge is 55110.00 per acre or fraction
thereof with a minimum of one acre charge. For commercial developments the connection charge
is 56640.00 per acre or fraction thereof with a minimum charge of one acre. For industrial
developments the connection fee is $7130.00 per acre or fraction thereof with a minimum of one
acre.
City WAC Fee Units
The City WAC fee (adopted by resolution) is calculated by units. Apartments, condos and singfe
family dwellings attached with central laundry facilities are charge 5820.00 per unit. Industrial,
commercial and institutional are charge according to the domestic water service size required by
the State Plumbing Code. 1" service = S 1705.00. 1 1/2" service = $3420.00. 2" service =
S5120.00. The connection charges for services over 2" shall be determined by the City Council.
Each water service line is charged according to these fees.
Plumbing Permit is 1% of the total plumbing valuation. Plus .0005 surcharge (S60.OQ minimum - plus
surcharge)
Heating Permit is 1% of the total HVAC valuation. Plus .0005 surcharge (560.00 minimum - plus
surcharge)
Sewer &Water Permit is $100.50 for an on-site system and 1�o of valuation of sewerlwater plus .0005
surcharge for city connections, {560.00 minimum - p{us surcharge)
Electrical Permits are calculated by the area State Electrical Inspector, who also does all e(ectricat
_ -. inspections.
CITY OF ROSEMOUNT INSPECTION DEPARTMENT f�,��,k.fa
. . . 3/L1l93�
, .
,
,[r,v,�,a � � � �I
� �R�,����i�a�.. . . . . .
C I TY O F RO S E M O U N T z875 C145tHSAt eet West
P.O.Box 510
Ever thin s Comin U ROSe11'tOU►'tt�.► Rosemount,MN
y g� g p 55068-0510
Phone:612-423-4411
Fax:612-423-5203
MEMORANDUM
TO: Jack Hesler, Attorney for Carlson Development
Tom Heiberg, Land' sake
FROM: Bud Osmundson, P.E.
City Engineer, Rosemount
DATE: April 19, 1994
RE: Reimbursement for City Incurred Costs from the Rosemount
Village Square Development
1. To date the City has received the following fees from
Carlson Properties for City costs resulting from the RVS
Development:
a. Application fees for preliminary plat
and P.U.D. concept plan. $2706 . 00
b. Deposit for engineering consultants
for stormwater and traffic. $2000 . 00
Total Paid to City $4706 .00
The application fees are used to pay for required legal
advertising and processing.
2 . To date the City has incurred the following costs from
consultants analyzing the stormwater run off and
transportation/traffic impacts of the proposed development.
This includes invoicing for time spent at developer
requested meetings and representing the City' s interests in
analyzing the impacts of development.
Short Elliot Hendrickson - Stormwater
September, 1993 Acct. No. 101-11571 $ 761. 82
SEH Subtotal $ 761. 82
Orr. Schelen, Mayeron - Traffic
March, 1994 Acct No. 101-11571 $2752 . 18
December, 1993 Acct No. 101-11571 213 .23
November, 1993 Acct No. 101-11574 649 . 74
. . � . . . .Printedon rxVcledpaper
� � � �. conlaining 30 0
posbconwmer ma(rrials.
. �
October, 1993 Acct No. 101-11574 921. 89
September, 1993 Acct No. 101-11574 2061.25
August, 1993 Acct No. 101-11571 1935 .29
OSM Subtotal $8533 .58
Consultant cost total to date $9295 .40
3 . In addition, the City Fee Structure Ordinance calls for
Developers to reimburse the City for services of City Staff
for their time in reviewing and processing the proposed
development. This includes City Attorney' s fees,
engineering and planning personnel . The amount of
reimbursement is calculated at 5% of the construction cost
of all public infrastructure improvements . At this time the
following is an estimated list of these costs:
Item Estimated Developer
Description Construction Cost Reimbursement
(City Share) to City
Right turn lane
on CSAH 42 @ Canada $28, 000 X 450 = $12, 600 $ 630
Right turn lane
on CSAH 42 @
Chippendale $82,ODO X 45% _ $37, 000 $1850
Right turn lane
on Canada @ CSAH 42 $20, 000 $1000
Signage on Canada 20 signs @ $150 each =
and Chippendale $3000 $ 150
Sidewalk on 151st 1143 ft. X $10/ft. _
Street $11, 430 $ 572
Right and left turn $65, 000 $3250
lanes on CSAH 42 C�
Rosemount Village
Square
TOTAL $7452
This estima.te of fees is based on estimated construction
cost. Engineering, surveying, financing and other
administration fees (permits, etc. ) are not included and are
the Developer' s responsibility. Final bid documents signed
by the Contractor and Developer are to be submitted to the
City prior to final invoicing.
. �,
4 . Summarv - The estimated total amount payable to the City at
completion of construction is therefore estimated as
follows:
Engineer City Prepaid Total
Consultant Fees Costs Fees Due
$9295 .40 + $7452 - $4706 = $12, 041.40
At this time the Developer should make payment for all of
the consultant fees to date and 90% of the City costs, less
prepaid fees. This amounts to $11, 296 .20 . After
construction is complete and final construction payments
have been paid the total City costs can be calculated and
final invoicing completed for the full amount.
cc: Ron Carlson
Tom Burt
Ron Wasmund
Rick Pearson
Je f f May