HomeMy WebLinkAbout5.g. Shannon Pond Phase I Development Contract # f
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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
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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
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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
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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: _
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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.
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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
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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
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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.
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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.
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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
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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
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