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HomeMy WebLinkAbout9.f. Shannon Hills 6th Addition Final Plat and Development Agreement > City of Rosemount Executive Summary for Action City Couacil Meeting Date: ARril 19, 1994 Ageada Item: Shannon Hills Sixth Addition Agenda Sectioa: Final Plat and Development OLD BUSINESS Agreement Prepared By: Richard Pearson Ageada No: Assistant Planner �Tcp� � � � 1 C1V1 Attachmeats: Application; Resolution; Approved By: Draft Development Agreement; Final Plat. -�" Mr. Steve Fiterman, President of Ground Development, Ir_c. , is requesting final plat approval for Shannon Hills Sixth 3ddition. This addition represents the final phase of the Shannor. Hills Residential Planned Unit Development. On February 22, 1994 the Planning Commission reviewed the thirty (30) single family lot plat and recommended approval . The property is already zoned R-1 Single Family Residential (detached) . Recommeaded Actioa: MOTION to adopt A RESOLUTION APPROVING THE SHANNON HILLS SIXTH ADDITION FINAL PLAT and authorizing the execution of the Shannon Hills Sixth Addition Development Agreement. City Council Action: 4t9-94.003 . CITY OF ROSEMOtTNT I DAttOTA COIINTY, MINNESOTA • RESOLIITION 1994- A RESOLUTION APPROVING TIiE . SHANNON HILLS 6TH ADDITION FINAL PLAT D�HEREAS, the City Council of the City of Rosemount has approved the Shannon Hills Preliminary Plat/Planned Unit Development Plan; and DVHEREAS, the developer, Ground Development Corporation, has made application for approval of the final plat for the sixth and final phase of the Shannon Hills PUD; and �HEREAS, the final plat is in conformance with the approved preliminary plat/Planned Unit Development Plan; and WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat on February 22 , 1994 and has recommended approval of the Shannon Hills 6th Addition final plat. NOD�, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Shannon Hills 6th Addition final plat subject to: 1) park dedication fee of $15, 761. 60 cash contribution; 2) detailed plans and specifications and grading plan to be approved by the City Engineer; 3) installation of the sidewalk/trail on north side of Cobbler Avenue and east side of Clover Lane; 4) installation of a temporary cul-de-sac at terminus of Clover Lane; and 4) an executed Shannon Hills 6th Addition Subdivision Development Agreement. ADOPTED this 19th day of April, 1994 . E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor• Voted against• sn8�t,>>6.� April 19, 1994 Development Contract Shannon Hills 6th Addition AGxE�Nr dated da.y of , 1994, by and between the C1TY oF RoSEMOUNT, a Minnesota. municipal corporation; ("City"), and GRou�vD DEVELOPMENT, INC., a Minnesota corporation, (the "Developer"). 1. Request for Plat A�proval. The Developer has asked the City to approve a plat of land to be known as SH�1voN HII,Ls 6�Annrrlox (also referred to in this contract as the "plat"). The land is legally described as follows: - INSERT LEGAL DESCRIPTION HERE - 2. P.U.D. An rn oval. The City has approved the Shannon Hills Planned Unit Development in an agreement, dated August 29, 1989; Shannon Hills Planned Unit Development, Addendum No. l, dated October 2, 1990; and Shannon Hills Planned Unit Development Addendum No. 2, dated October 6, 1992. 3. Conditions of Plat A roval. The City hereby approves the plat on condition (1).deta:iled , plans and specif'ications and grading plan to be approved by the City Engineer; (2) Park i Dedication fee of $15,761.60 cash contribution as required by the Parks and Recreation ! Director; (3) execution of a development agreement to secure the construction of public �' infrastructure; (4) construction of a temporary cul-de-sac at the terminus of Clover Lane; and (5) installaxion of the sidewalk/trail along the north side of Cobbler Avenue and the east �'� side of Clover Lane. 4. Phased Develo�ment. The City may refuse to approve final plats of subsequent additions I� of the plat if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Terms in this Development Contract and Development Contracts for subsequent phases shall be consistent with the Shannon Hills Planned Unit Development. 5. Ef fect of Subdiv�sion An roval. For two (2) years from the date of tlus Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the I current urban service area, or official controls shall apply ta or affect the use, development density, lot size, lot layout or dedications of the a roved lat unless r uired b sta.te or PP P �l Y federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contra.et to the contrary, 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 date of this Contract. ShaoHil6 Apri113,1994 6. Develoament 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 entering the Contract, but before commencement of any work in this plat. If the plans vary from the written terms 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 Stormwater Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights 7. Installation bp Developer. The Developer shall install or cause to be installed and pay for the following: A. Street Lights B. Setting of Lot and Block Monuments C. Surveying and Staking of work required to be performed by the Developer. D. Gas, Electric, Telephone, and Cable Lines E. Site Grading . F. Landscaping I', 8. Time of Performance. The Developer shall install all required improvements enumerated ' in Paragraph 7 which will serve the Plat by September 1, 1994. 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 reflect cost increases and the extended cornpletion date. 9. Public Improvements. The following improvements, known as City Project #251, shall be designed and installed in the plat by the City: A. Sanitary Sewer B. Water C. Storm Sewer D. Streets E. Sidewalks Public improvements to be installed by the City shall be substantially completed by July 1994. ShanHil6 April 13,1994 10. Assessment of Costs. The City shall assess the cost of the public improvements referred to in Paragraph 9 together with administrative, planning, engineering, capitalized interest, legal and bonding costs against the plat. By executing this Agreement, the Developer agrees to pay the assessments and other costs specified in this paragraph. The assessments shall be paid over a ten-year period without deferment, together with interest at a rate set by the City. Before the City issues a Certificate of Occupancy for a structure built on a lot, all outstanding assessments against the lot must be paid in full (including principal and interest, if applicable. An assessment shall be considered paid in full if the direct payment is made to the City or if the Developer pays into escrow an amount sufficient to pay the principal and any accrued interest to the date of the escrow payment. The Developer waives any and all procedural and substantive objections to the installaxion of the public improvements and the special assessments, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. §429.081. 11. Securitv. To guarantee compliance with the terms of this Agreement, payment of the costs of all public improvements and construction of all public improvements, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for $221,920. The amount of the letter of credit was calculated as follows: 1. The following figures are calculated to be sixty percent (60%) of the estimated cost of City installed public improvements. Total 60% Sanitary Sewer $ 50,700 $ 30,420 Sanitary Sewer Services 15,900 9,540 Water Main 55,500 33,300 Water Services 15,900 9,540 Storm Drain 48,200 28,920 Street 131,000 78,600 Sidewalk 14,000 8,400 TOTALS $ 331,200 $ 198,720 . 2. One hundred percent (100%) of the estimated cost of Developer installed improvements. , �-� 100%��� Grading $ 5,000 Survey Monuments 4,000 Landscaping 6,000 Street Lights 8,200 TOTAL $ 23,200 Total Amount of Letter of Credit $ 221,920 ShanHil6 Aprii 13,1994 The bank and form of the letter of credit shall be sub'ect to the a roval of the City J PP Administrator. The letter of credit shall be for a term ending December 31, 2004. In the alternative, the letter of credit may be for a one (1) year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31, 2004, unless siYty (60) days priar to an expiration date the bank notifies the City that it elects not to renew for an additional period. The letter of credit shall secure compliance with the terms of this Contract and all financial obligations of the Developer under it. The City may draw down on the letter of credit without notice upon receiving notice that the letter of credit will be allowed to lapse before December 31, 2004. 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 Contra.ct. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as fmancial obligations are paid and public improvements are completed to City's requirements. 12. Grading Plan/Site Grading. The Developer shall submit to the City a site grading and drainage plan for the entire plat accepta.ble to the City showing the grades and drainage for each lot prior to installation of the improvements. Site grading shall be completed by the Developer at its cost and approved by the City Public Works Director prior to the awarding of the contract by the City for installation of utilities. Developer shall furnish the City Public Works Director satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City after site grading, with street and lot grades, prior to the awazding of the contract of installation of utilities. All improvements to the lots and the final grading shall comply with the gra.ding plan as submitted and shall be the responsibility of the Developer. 13. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspeetions deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the plat has been developed. 14. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and bacl�illing operations shall be reseeded within 72 hours 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 seed suita.ble to the e�sting 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. 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 each lot at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 foot opening will be allowed on each lot far construction deliveries. ShanHil6 April 13,1994 I� � 1 The parties recognize that time is of the essence in controlling erosion. If the plat I', development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion cantrol for basement , and/or foundation excavation spoil piles. The City will endeavor to notify the Developer in I, 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 II the City for any cost the City incurred for such work within thirty (30) days, the City may I 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 compliance with the erosion control '� requirements. 15. Planting and Seeding. Prior to the City allowing occupancy, the Developer shall plant one III' (1) two-inch caliper deciduous tree on each street frontage of each lot and the Developer ; shall also sod the boulevards, all at its own cost. ', 16. Clean un. 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 weekly basis and determine whether it is necessary to take additional measures to clean ', dirt and debris from the streets. After 24 hours verbal notice to the developer, the City ', will complete or contract to complete the clean-up at the Developer's expense as per the ! conditions under Paragraph 14. ' 17. Ownership of Im�rovements. Upon completion and City acceptance of the work and ' construction required by this Contract, the public improvements lying within public rights- ', of-way and easements shall become City property without further notice or action. , 18. Warrantv. The Developer warrants all work required to be performed by it against poor ' material and faulty workmanship for a period of two (2) years after its completion and ! acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good ' quality and disea.se free for twelve (12) months after planting. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties_ ', 19. Responsibility for Costs. �, A. Except as otherwise speeified herein, the Developer shall pay all costs incuned by it I, 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 i inspection expenses incurred in connection with approval and acceptance of the plat, , the preparation of this Contract, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. ', B. The Developer shall hold the City and its officers and employees harmless from I'�, claims made by itself and third parties for 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 I, may pay or incur in consequence of such claims, including attorney's fees. ��, ShanHil6 I' April 13,1994 ' C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorney's fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer, Ground Development, Inc., and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract 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. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. F. 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 chaxges, City sewer connection charges, City stormwater connection charges and building permit fees. At the present time, the City policy is to collect all of the aforementioned charges at the time of building permit issuance. G. T�ie Developer shall pay all energy costs for street lights installed within the plat until seventy-five percent (75%) of the lots are occupied. After that, the City will assume the energy costs. 20. Building Permits. No building permits shall be issued until: A. The site grading has been completed and approved by the City. B. All public utilities must be tested, approved by the Ciry Engineer, and in service. All curbing must be installed and backfilled, the first lift of bituminous must be in place and approved by the City. However, this requirement may be waived by the City Director of Public Works in the event Developer provides an alternative access to the building site. Alternative accesses installed and maintained by Developer must provide all weather access to the building site for public safety, construction, inspection, and construction delivery purposes. C. The City Public Works Director has certified that the timeta.ble for construction of public improvements is compatible with private home construction and occupancy. D. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, ' caused by the Developer, its employees, contractors, subcontractors, materialmen or �, agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph '7 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Public Works Director. ShanHil6 Apr�13,1994 . 21. Develoner's Default. In the event of default by the Developer as to any of the work to be ' performed by it hereunder, the City may, at its option, perform the work and the Developer ' shall promptly reimburse the City for any expense incurred by the City, provided the ', Developer is first given notice of the work in default, not less than 48 hours in advance. This Contra.ct is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, ' the City may, in addition to its other remedies, assess the cost in whole or in part. ', 22. Miscellaneous. ' A. The Developer represents to the City that the plat complies with all city, county, ' metropolitan, state and federal laws and regulations including, but not limited to: ' subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the 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. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect�the validity of the remaining portion of this Contract. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. No occupancy permit shall be issued until public improvements in paragraph 9 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, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. 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 statement is not required. If the City or another governmental agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued from the agency. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the prepara.tion of the review. ShanHil6 ' April 13,1994 . H. lfiis Contract shall run with the land and may be recorded against the title to the pmperty. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a relea.se. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from tune 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. 7. The Developer may not assign this Contract without the written permission of the Ciry Council. - 23. 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: Travelers Tower, Suite 485, 1550 Utica Avenue South, St. Louis Park, MN 55416. Notices to the City shall be in writing and shall he either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Rosemount City Hall, 2875 146th Street West, Rosemount, MN 55068. Attention: City Administrator. IN WITNESS VVHI+:REOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY• E.B. Mc1Vlenomy, Mayor BY: Susan M. Walsh, City Clerk GROUND DEVELOPMENT, INC. BY: Its President BY: Its ShanHil6 Apn'1 13,1994 . 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. Wa1sh, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1994, by , President, and , , Ground Development Inc., a Minnesota Corporation, on behalf of the partnership. Notary Public Drafted By: City of Rosemount 2875 146th Street West P.O. Box S10 Rosemount, MN 55068 S6anHil6 April 13,1994 I . . ------------ � � SHANNON I�ILLS 6Tf�' ADDITION .N > � � U Ly � c ��� 0�3' j„N�O ♦ � '�w ��� a ;N 3 a�,ra j I /�/��IAITI)\/ 1 111 1 :� TI IIL)�l n nnirinn� 13 93.4" vvv�vi�+� fll�.�.,, iflu�t� n�ui�iviv � N � ,SB950'33'W b� NB'S0'33'E t S627J .ar ut o waor a aw�a iur ar�au�a pg_�y.�.6� ( u' _ ..�uu _.... nare-_, oa.ar-" u..n n.00 wm � c.:::a , . qOD Y?0� W.01 00.01 �.1 SI.N Yl N.N 1.�� n_ $ •••A.0 \ I � I � . 3 � �, �µ'�- �.Q _ - � � e �- �--wvNY � 1 ---rN.-.-_-- 1 � y 4 "%"%n I ro ff�� - J 'mwa�uan w>. �� '. � /����� I$ � � r , i c ; � � ' e ��r+�'1�� " n� �j $i�� ;y i ��� E� ' i ,...........- � $ � . ti r. y �'.. 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