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HomeMy WebLinkAbout5.g. Shannon Pond Phase I Development Contract # f � � 1 . � . � . . .. . . Cit�r of Rosemount Executive Summary for Action City Council Meeting Date: Auc�ust 3, 1993 Agenda Item: Shannon Pond Phase I AgeAda Section: Development Contract Old Business Prepared By: Lisa J. Freese Agend��I�e� #' Director of Planning Attachments: Development Contract Ap _By- On June l, 1993, the City Council approved the final p at for Shannon Pond Phase 1 propo�ed by the Hampton Development Group. The development contract was not ready for approva.l in June because the developer' s engineers had not compieted the needed project cost estimates. Since June some engineering redesign was done at the developer' s initiative. The City Engineer is now in receipt of and has approved the plans and specifications and cost estimates. The Development Contract has been completed and is subject to City Council' s approval prior to execution. The contract is the City' s standard cantract modified to meet the individual requirements related to public improvements being instal.led by the developer. Recommended Action: A motion to authorize execution of the Development Contract for Shannon Pond Phase One. City Council Action: O8/03/93.005 � ` { � � . .� � . Development Contract SHANNON POND ADDITION AGx�EME�vr dated this day of , 1993, by and between the CrrY oF RoSEMOUNT, a Minnesota municipal corporation, ("City"), and HAMPTON DEVELOPMENT, a Minnesota corporation, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat of land to be known as S�rttvoN POivn AnDrtZON (also refenred to in this contract as the °plat"). The land is legally described in attached Exhibit A. 2. P.U.D. Approval. The City has approved the Shannon Pond Planned Unit Development in an agreement, dated April 20, 1993. 3. Conditions of Plat Approval. The City hereby approves the plat on condition of the following: 1) Park Dedication in the amount of $21,$40.00 cash contribution as well as sidewalk and trail installation as specified by the Park and Recrea.tion Commission including sidewalks in the northerly boulevard of 156th Street West, westerly boulevard of Crocus Avenue, and the southerly boulevard of Crystal Avenue; 2) detailed plans and specifications:including a revised grading:plan to be approved by - the City Engineer; 3) committing to house designs that conform to ordinance standards for Lot 5, Block 5 and Lot 1, Block 4; 4) an executed Subdivision Development Agreement; and 5) an approved and recorded lot split/combination far property recently acquired by the developer for the revised first phase, 4. Phased DeveloQment. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may nat 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 Pond Planned Unit Development. 5. Effect of Subdivision Approval. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the ' c � current urban service area, or official controls shall apply to or affect the use, deveiopment density, lot size, lot layout or dectications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in tlus Contract 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 contarols, platting or dedicatian requirements enacted after the date of this Contract. 6. Develonment 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 appraval, after entering the Contract, but before commencement of any work in this plat. If the plans vary from the written terms of this Cantract, the written t�nns shall control. T'he 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. Improvements. The Developer shall install or cause to be installed and pay for the following: A. Sanitary Sewer _ _ , . B. Water C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Boulevard Sod G. Street Lights . H. Sidewalks and Trails I. Street Signs J. 5etting of Lot and Block Monuments K. Surveyang and Staking of work required to be performed by the Developer L. Gas, Electric, Telephone Lines M. Cable Television, when available to the plat. The City shall reimburse the Developer for core €acilities that the Developer installs at the difference between core and lateral costs as determined by the City Public Works Director and approved by the Utility Commission. The improvements shall be installed in ' ` t . . . . . . . accordance with City standards, ordinances and plans and specifications which have be 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 Metropalitan Waste Control Commission, Minnesota Pollution Control Agency, Minnesota Department of Health, and other agencies before proceeding with construction. The City shall provide adequate fieid inspection personnel to ensure 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 City standards as a condition of City acceptance. In addition the City will monitor the Develoger's inspector regarding the constn.tction work necessary to insure compliance with Ciry standards. 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 City staff, to review the program for the construction work. 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 Flan" drawings. 8. Time of Performance. The Developer shall install all required impmvements which will serve the Pla.t by 7uly 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 completion date. 9. Securitv. To gua.rantee compliance with the terms of this Agreement, payment of the costs of all publie 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 $449,000. T'he amount of the letter of credit was calculated as follows: _ _ Sanita.ry Sewer . . . . . . . . . . . : . . . . . . . . . . $ 82,$77 Sanitary Sewer Services . . . . . . . . . . . . . . . . . . 22,800 Water Iviain . . . . . . . . . . . . . . . . . . . . . . . . . 46,300 Water Services . . . . . . . . . . . . . . . . . . . . . . . 14,660 Storm Sewer�����a��ore�os�*� . . . . . . . . . . . . . . 119,089 Street Construction . . . . . . . . . . . . . . . . . . . . 97,534 Concrete Sidewalk . . . . . . . . . . . . . . . . . . . 16,080 Landscaping . . . . . . . . . . . . . . . . . . . . . . 6.500 CONS�UCTTON TOT�, COST . . . . . . . . . $ 405,840 Erosion Control . . . . . . . . . . . . . . . . . . . . . . . .3,000 Monuments . . . . . . . . . . . . . . . . . . . . . . . . . .3,000 Construction Engineering t4� at'co�cn,�aon cosc> . . . . . 16,200 Contingency �s� of Gonstruction Cost) . . . . . . . . . 2�,3Q� ToT�, CosT. . . . . . . . . . . . . . . . . . . . . . . 448 340 * The City will reimburse the Developer for storm drain core costs in xhe amount of$21,402. This payment is for the oversizing of pipe to accommodate runo.fj`fram non-developer owned propenies and dndudes ' engineering design and construction engineering. This payment will occur upon acceptance of the storna drain system by the Ciry. 3 The bank and form of the letter of credit shall be subject to the approval of the City Administrator. The letter of credit shall he for a term ending December 31, 2003. In the altemative, the letter of credit rnay 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 fmal expiration date of December 31, 2003, unless sixty {60) days prior to an expiration date the bank notif'ies the City that it elects not to renew for an additionai 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, 2003. 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 Develaper does not remove said default(s) within two (2) weeks of receiving notice, the City may dra.w on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial obligations are paid and public improvements are completed to City's requirements. 10. Grading Plan/Site Grading. The Developer shall submit to the City a site grading and drainage plan for the entire plat acceptable to the City showing the grades and drainage for each lot prior to installation of the improvements. Site grading shall be campleted by the Developer at its eost 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 final gra.ding _ shall comply with the grading plarr 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. 11. 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. 12. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, tne erosion control plan, Plan B, shall be implemented, inspected and approved by the Gity. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion cantrol 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. The parties recognize that tune is of the essence in controlling emsion. If 4 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, including those provisions listed in paragraph 10. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. 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 for any cost the City incuned for such work within thirty (3Q) days, 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 compliance with the erosion control requirements. 13. Planting and Seeding. Prior to the City allowing occupancy, the Developer shall plant one (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. 14. Clean uo. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Develaper, its agents or assigns, within twenty-four (24} hours after notice by the City. Failure to comply with verbal or written notice shall allow the City to complete or contract to complete the clean-up at the Developer's expense as per the conditions under Para.graph 12. 15. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Contract, the public improvements lying within public rights- of-way, easements, and Outlot B shall become City property without further natice or action. 16. 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 disease free for �welve (12) months after planting. The Develaper shall post maintenance bonds or other security acceptable to the City to secure the warranties. 17. Resaonsibilitv for Costs. A. 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 cannection with approval and aeceptance 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 claims made by itself and third parties for damages sustained ar costs incurred resulting from plat approval and development. The Develaper shall indemnify the 5 City and its off'icers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, inciuding engineering and attomey'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, Hampton Development Corporatian, 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 incuned under this Contract within thirty (30) days after receipt. If the bills are not paid on ti.me, the City may halt plat develogment 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 eharges and special assessments refened 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 ("W.A.C."), City sewer connection charges, City stormwater connection charges and building permit fees. These connection charges are normally paid with building permit fees. G. The Developer shall pay all`energy costs for street lights installed within the Shannon � Pond Addition until seventy-five percent (75%) of the lots are occupied. After that, the City will assume the energy costs. i8. Building Permits. No building permits shall be issued until: A. The site grading has been completed and approverl by the City. B. All public utilities must be tested, approved by the City Engineer, and in service. A11 curbing must be installed and bacl�'illed, 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 timetable for construction of public improvements is compatible with private home construction and occupancy. 6 D. The Developer, in executing this Agreement, assumes all liability and costs for darnage or delays, ineurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen ar agents. No occupancy permits shall be issued until the public utilities referred to in paragraph 7 are in and approved by the City, unless otherwise authorized in writing by the City Public Works Director. 19. Developer's Default. In the event of default by the Developer as ta 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 incuned by the City, provided the Developer is first given notice of the work in default, not less than 4$ 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 daes any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 20. 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 ardinances and environmental regulations. if the City deterrnines 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 camply. Upon the City's demand, the Deveioper 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 unprovements and damage to public improvements caused by the City, Developer, its contractors, subcontractars, materialmen, employees, agents or third parties. No occupancy permit shall he issued until public improvements in para:graph 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 bi.nding, amendments ar waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. 7 The City's failure to promptly take legal action to enforce tlus 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 signif`icance" and that an environmental impaet statement is not requiretl. If the City or another governmental agency determines that such a review is needed, however, the Developer shall prepare it in cornpliance with legal requirements so issued from the ageney. 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. H. This Contract shall run with the land and may be recorded against the title to the property. After the Deueloper 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, pawer or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or unplied, 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 frbm 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. T'he Developer may not assign this Contract without the written permission of the City Council. . ._ 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: Hampton Development Corporation, 12433 Princeton Avenue, Savage, MN 55378. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Admuustrator at the following address: Rosemount City Hall, 2875 145th Street West, Rosemaunt, MN 55068. Attention: City Administrator. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CYTY OF ROSEMOUNT BY• E.B. McMenomy, Mayor BY: Susan M. Walsh, City Clerk 8 HAMP'i'ON DEVELOPMF.NT BY: Its BY: Its STATE OF 1VIINNESOTA ) ) SS COUNTY OF DAKOTA ' j The foregoing instrument was aclrnawledged before me this clay of , 1993, by E.B. McMenomy, Mayor, and Susan M. Walsh, City Clerk, of the City of Rosemount, a Minnesota municipal co�poration, on behalf of the corporation and pursuant to the authority granted by its City Council. Notaxy Public STATE 4F 1VIINNFSOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument-was acknowledged before me this day _ of , 1993, by . _: and , �Iampton Development, a Iviinnesota Corporation, on behalf of the corporation. Notary Public DRAFTED BY.. CITY OF ROSEMOUNT 2$75 1457�1 S�ET WEST ROSEMOUNT, MN 55068 9