HomeMy WebLinkAbout11.a. O'Leary's Hills 6th Addition Final PlatCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETINGDATE:. September 15, 1992
AGENDA ITEM: O'Leary's
Final
Hills Sixth Addition
Plat
AGENDA SECTION:
NEW BUSINESS
PREPARED BY:
contract.
AGBNDfTfM
Lisa: Freese, Director
of Planning
ATTACffiKENTS: Resolution;
Application; Final
APPRO D B
Plat;
Development Agreement,
Tim Broback, Parkview Inc., is requesting final plat approval of O'Leary's
Hills Sixth Addition. This two -lot subdivision was originally part of the
Seventh Addition in the approved phasing plan of the Planned Unit
Development (PUD). These lots', however, have utilities (water and sewer)
stubbed in from 155th Street West and were included in the Metropolitan
Urban Service Area (MUSA) when O'Leary's Hills First Addition was approved
in 1987.
The two lots are both corner lots with between 130 to 140 feet of frontage
on 155th Street West and 95 feet of frontage on Chokecherry Avenue.
Driveway access to the lots is provided on Chokecherry Avenue. All lots
are consistent with the PUD Subdivision Development Agreement and the newly
revised standards for corner lots.
Asa part of plat approval, Chokecherry Avenue should be improved and
utilities placed in the public right-of-way. After reviewing the extension
of this 95 -foot improvement, the City Engineer and developer have
determined that it would be better to delay installation of these
improvements until the adjacent addition to the north is platted.
Therefore, at this time, the City Engineer is requiring the developer to
install a temporary streetforaccess to these lots and that the developer
escrow money for permanent street and utility, improvements. The escrowed
amount should be 125t of the estimated construction cost.
RECOM UMED ACTION:
A MOTION to adopt a resolution APPROVING 0 "LEAKY' S
HILLS SIXTH ADDITION
and to authorize execution of the development
contract.
COUNCIL ACTION:
09/15/92.005
Applicant:
Address: 34
Project Name:
Location: 1
Status of Own(
Project Descri,
Fee:
Deposit`
I 6u -Uy unde)L
the totat � ee
n.e-i,mbur-6e the
ztAv.tive expe
I am the apps
appticat i.o n.
Applicant:
Status of App
Fees received
AU nequ ted
Commizzion on
on the rLurec
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1992-
A RESOLUTION APPROVING
O'LEARY'S HILLS SIXTH ADDITION FINAL
WHEREAS, the City of Rosemount has approved the C
preliminary plat/planned unit development plan;
WHEREAS, the Planning Commission of the City of F
recommended approval of O'Leary's Hills Sixth Adc
plat.
NOW, THEREFORE, BE IT RESOLVED, the City Council
Rosemount hereby approves the O'Leary's Hills Si:
final plat, subject to:
1) Grading plan approved by City Engineer;
2) construction of a temporary Street on Chokes
3) Cash escrow for the deferred street and uti:
(125% of estimated cost);
4) an executed Subdivision Development Agreemer
5) rezoning from AG (Agriculture) to R-1 (Sing --
Residential);
6) approval of a Planned Unit Development (PUD;
revising the Phasing Plan;
7) locating the driveway for the lots on the n(
street;
8) cash payment of $960 for Park Dedication; al
9) payment of any pending assessments on these
ADOPTED this 15th day of September, 1992.
ATTEST:
Susan M. Walsh, City Clerk
Motion by:
Voted in favor:
Voted against:
E.B. McMenomy, Mayc
Seconded by:
eity of (Rosemount
PHONE (612) 423.4411 2675 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423.5203 Mailing Address: Edward B. McMenomy
P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
Sheila Klassen
James
TO: Chairperson Meyer (Red)
w Willcox
Commissioners: Baago, Busho, Gundacker, Hathaway Dennis Wippermann
ADMIN4STRATOR
Stephan Jilk
FROM: Lisa
DATE: Septe
RE: Septe
O'Le
Rezo:
ATTACHMENTS:
Director of Planning
ber 4, 1992
er 8, 1992 Meeting Review Agenda
's Hills 6th Addition, Item 8
Final Plat and PUD Amendment
Applications
Revised Phasing Plan
Existing Phasing Plan
PUD Addendum I
Location Map
Grading Plan
Final Plat
A. A Motion to
recommend approval of a Revised Phasing Plan for O'Leary's Hills
Addition PUD.
B. A Motion to
recommend approval of the rezoning from AG (Agricultural) to R-1
(Single Family
Residential) for the proposed O'Leary's Hills 6th Addition.
C. MOTION t
recommend approval of the Final Plat for O'Leary's Hills Sixth
Addition su
ject to:
1. engineering
plans and specifications for public improvements and grading
plan
be approved by the City Engineer;
2. an executed
Subdivision Development Agreement;
3. rezoning
from AG (Agricultural to R-1 (Single Family Residential);
4. appr
val of a PUD Amendment revising the Phasing Plan
5. locating
the driveway for the lots on the north/south street;
6. cash
payment of $960 for park dedication.
Tim Broback, of Parkview
Inc. is requesting Final Plat approval of O'Leary's Hills 6th
Addition. This two
lot subdivision was originally part of the Seventh Addition in the
approved phasing plan
of the PUD. These lots, however, have utilities (water and sewer)
stubbed in from 155th
Street West and were included in the Metropolitan Urban Service Area
(MUSA) when. O'
ary's Hills First Addition was approved in 1987.
6verylkings Coming `Up gosemounlY
� ecvcetl aace
Regular Planning C
September 8, 1992
Page Two
The Developer has i
Hills 5th Addition b
Metropolitan Counc:
O'Leary's Hills PU]
model homes while
amendment to the P
Meeting Review
been able to proceed as quickly as desired with the planned O'Leary's
use of the Sewer Diversion Amendment currently pending before the
There are no remaining vacant lots ready for development in the
Parkview is requesting consideration of this two -lot plat to build
iting for the 5th Addition to be brought on line. This will require an
1 Phasing Plan.
The two lots are botli corner lots with between 130 and 140 feet of frontage on 155th Street
West and 95 feet of frontage on Chokecherry Avenue. Driveway access to the lots is
provided on Chokecherry Avenue. All lots are consistent with the PUD Subdivision
Agreement and the newly revised standards for corner lots.
Chokecherry will
edge of these lots.
Engineer.
Prior to approval of
AG. This rezoning
Service Area Exten
to be improved and utilities may need to be extended to the northern
is will require approval of the plans and specifications by the City
the Final Plat the property must be rezoned to R-1. Presently it is zoned
is consistent with the Comprehensive Guide Plan and with the Urban
.on policies.
2
PRELIMI
N
Scale: 1" c 40'
I
W
M SI
0
to 0
o to
o °i
z
S
DELMAR H. SGHWANZ
LAND UP YOM, PC.
A . %Mr Lew 0 TM M— 0 Mnn,W,
14750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 55066 612/423-1760
SURVEYOR'S CERTIFICATE
kRY PLAT OF:
O'LEARY.'S HILLS SIXTH ADD/TION
—130.99 _
130.77
Preliminary Plat:
Owner -Developer:
Description:
Area:
Utilities:
1 I N 89'4 849" W
380.99
—I 60.00 t _' /-140.00 50.00
Drainage. 6 Utility FasementJ— W -
31 09
g U :Ig W 0 Z W 0
Q az
V
60.00 140.00 50.00
380.77 I
N 89.4849"W
S
TREET WEST—
O'LF.ARY'S HILLS SIXTH ADDITION
Parkview, Inc.
Att: Tim Broback
423-1660
The north 130.00 feet of the south 305.00
feet of the Southeast Quarter of the Northeast
Quarter lying east of the west 943.00 feet
thereof= all in Section 31, Township 115,
Range 19, Dakota County, Minnesota.
Gross = 36,183 square feet -0.8307 acres
Lot 1, Block 1 = 12,433 square feet
Lot 1, Block 2 = 13,300 square feet
Sanitary sewer and water hook ups are in place from
previous construction.
See as built plan no. 3/3, File No. 83101
1 hereby Certlly that We survey, plan, orf N was
I,
by me or under my direct supqrvli ilon and
that 1 am a duly Registered land Surv*yat under
the lows of the State of Minnesota.
Doled 08-28-92
S
NOTES:
Area is a continuation of land
approved in that certainPt1D
agreement dated 08-14-81 and
filed as Doc. No. 805219.
Delmer H. Selman=
Y
Mlnneaele Reglslrellon No. 6623
I
9 10
co
\ (0025) oozy) (0026) (0025) (0029) Q SE ( 5Eu)6
.1 t
\j/
IN,
- - - - - - - - - - - -
J L----
WEST _ -- �� ..- ,0
5
i t
i!
GRADING AND DEVEWPMENT PLAN POR: Scale: 1 inch - 50 feet
o'LEARY'S RILLS SIXTH ADDITION
R -SE a Rambler -Split Entry
SEW - Split Entry Walkout
DELMAR H. SCHWANZ �—'"" Tsting contour
LAND OURve.osa INC i �_ Proposed contour
Lw U-1 m. *_ 0 wuuy
14750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 9309! _ 917/423.1799 Topography purchased from Dakota County
\f
'
(0011)
(0012)
(00,13)
(0014)
f I5) `
(0016)
r
(000c>
12
—
-�
--
9 5o.
i t
i!
GRADING AND DEVEWPMENT PLAN POR: Scale: 1 inch - 50 feet
o'LEARY'S RILLS SIXTH ADDITION
R -SE a Rambler -Split Entry
SEW - Split Entry Walkout
DELMAR H. SCHWANZ �—'"" Tsting contour
LAND OURve.osa INC i �_ Proposed contour
Lw U-1 m. *_ 0 wuuy
14750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 9309! _ 917/423.1799 Topography purchased from Dakota County
\f
'
i t
i!
GRADING AND DEVEWPMENT PLAN POR: Scale: 1 inch - 50 feet
o'LEARY'S RILLS SIXTH ADDITION
R -SE a Rambler -Split Entry
SEW - Split Entry Walkout
DELMAR H. SCHWANZ �—'"" Tsting contour
LAND OURve.osa INC i �_ Proposed contour
Lw U-1 m. *_ 0 wuuy
14750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 9309! _ 917/423.1799 Topography purchased from Dakota County
C.S.A.H. 42
1(0O -r+l ST. W .
O'LEARY'S HILLS P U D
YLEARY'S HILLS SIXTH ADDITION
` j//
AGREEMENT
the CITY OF
Minnesota c
Development Contract
O'Leary's Hills Sixth Addition
dated day of , 1992, by and between
uNT, a Minnesota municipal corporation, ("CITY"), and PARxviEw, INC., a
n, (the "DEVELOPER").
1. R uest for Pat A rp oval. The Developer has asked the City to approve a plat of land to
be known as C'LEARY's HILLS SiYrH ADDITION (also referred to in this contract as the
"plat"). The land is legally described as follows;
The north 130.00 feet of the south 305.00 feet of the Southeast Quarter of the Northeast
Quarter (SE% of NE'/a) lying east of the west 943.00 feet thereof; all in Section 31,
Township, ll , Range 19, Dakota County, Minnesota.
2. P.U.D. Approval. The City has approved the O'Leary's Hills Planned Unit Development
in an agreement, dated August 14, 1987 and O'Leary's Hills Planned Unit Development,
Addendum No. 1, dated September 15, 1992.
3. Conditions of Plat A &oval. The City hereby approves the plat on condition (1)
construction o a temporary street on Chokecherry Avenue; (2) grading plan approved by
the City Engineer; (3) cash escrow for the deferred street and utility improvements
equalling 125 of the estimated cost for the construction of Chokecherry Avenue; (4) an
executed Subdivision Development Agreement; (5) rezoning from AG (Agriculture) to R-1
(Single Family Residential); (6) approval of a Planned Unit Development Amendment
revising the Phasing Plan; (7) locating the driveways for the lots on Chokecherry Avenue;
(8) cash payment of $960.00 for Park Dedication; and (9) payment of any pending
assessments or. these parcels.
4. Phased Development. 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 not proceed until Development
Contracts for such phases are approved by the City. Terms in this Development Contract
and Developmnt Contracts for subsequent phases shall be consistent with the Shannon
Hills Planned nit 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
current urban
service area, or official controls shall apply to or affect the use, development
density, lot size,
lot layout or dedications 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 this 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 controls, platting or dedication requirements enacted
after the date
of this Contract.
6.
7.
8.
Develoument fans. The plat shall be developed in accordance with the following plans.
The plans shal not be attached to this Contract. With the exception of Plan A, the plans
may be prepay , subject to City approval, after entering the Contract, but before
commencemen 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
. The Developer shall install or cause to be installed and pay for
the following:
A. Street Li hts
B. Setting ol Lot and Block Monuments
C. Surveying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone Lines
E. Cable Television, when available to the plat.
F. Site Grading
G. Landscan nQ
Public hni3rovernents. The following improvements have been identified as necessary for
this plat. The Developer shall escrow funds to the City in the amount of 125 % of the
estimated construction costs. Installation will occur during phase 8 of O'Leary's Hills
Addition Planned Unit Development.
A. Water M in
B. Streets and Street Signs
9. Security. 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 and a Letter of Credit.
1. The cash escrow furnished to the City by the Developer shall be in the amount of
$11,300The escrow amount is based on 125 % of the estimated cost of City installed
improve. ents and calculated as follows:
2
100%
125%
Water -main
Street
3,150
5,890
TOTALS
$ 9,040
$ 11,300
2
2. The amount of the Letter of Credit was calculated based on 100% of the estimated
cost of the following Developer installed improvements:
Grading
$ 1,500
Landscaping
1,000
TOTAL
$ 2,500
Total Amount of
Letter of Credit $ 2,500
The bank and form of the letter of credit shall be subject to the approval of the City
Administrator. The letter of credit shall be for a term ending December 31, 2002. In the
alternative, the letter of credit may be for a one (1) year term provided it is automatically
renewable for uccessive one year periods from the present or any future expiration dates
with a final expiration date of December 31, 2002, unless sixty (60) days prior to an
expiration datethe 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 oblig tions of the Developer under it. The City may draw down on the letter of
credit without otice upon receiving notice that the letter of credit will be allowed to lapse
before December 31, 2002. In the event of a default under this Development Contract by
the Developer, the City shall furnish the Developer with written notice by certified mail of
Developers default(s) under the terms of this Development Contract. If the Developer does
not remove said default(s) within two (2) weeks of receiving notice, the City may draw on
the letter of cmdit. With City approval the letter of credit may be reduced from time to
time as financ al obligations are paid and public improvements are completed to City's
requirements.
11. Time of Performance. The Developer shall install all required improvements which will
serve the Plat by September 1, 1993. 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.
12. 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 completed by the
Developer at its cost and approved by the City Public Works Director prior to the awarding
of the contrac 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 awarding of the contract of installation of utilities. All
improvements to the lots and the final grading shall comply with the grading plan as
submitted and shall be the responsibility of the Developer. All basement and/or foundation
excavation spoil piles shall be kept completely off City right-of-way and shall be
completely surrounded with an approved erosion control silt fence.
3
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 inspections 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 backfilling
operations shall be reseeded forthwith after the completion of the work in that area.
Except as othe ise provided in the erosion control plan, seed shall be rye grass or other
fast-growing seed 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 devel ment 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
control for basement and/or foundation excavation spoil piles. The City will endeavor to
notify the Dev loper 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 incurred for such work within thirty (30)
days, the City may draw down the letter of credit to pay any costs. No development will
be allowed an no building permits will be issued unless the plat is in full compliance with
the erosion co trol requirements.
15. Planting and Seedin2. 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.
16. Clean up. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, 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 Paragraph 14.
17. Ownership o 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. Warranty. e 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 twelve (12) months after planting. The Developer shall post
warranty bons or other security acceptable to the City to secure the warranties.
19.
A. Except 0 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
E
20.
to, Soil arid Water Conservation District charges, legal, planning, engineering and
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 reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorney's fees.
C. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a
personal obligation of the Developer, 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.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not
paid on tine, 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.
E. In addition to the charges and special assessments referred to herein, other charges
and speci 1 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 storrilwater connection charges and building permit fees.
F. The 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 enerev costs.
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 City Engineer, and in service. All
public utilities must be tested, approved by the City 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 intheevent 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 ' provements is compatible with private home construction and occupancy.
D. The Dev�loper, in executing this Agreement, assumes all liability and costs for
damage r delays, incurred by the City, in the construction of public improvements,
5
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.
21. Develo er's Befault. 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 verbal or written notice of the work in default, not
less than 48 h urs in advance. By execution of this contract, Developer authorizes the City
to enter upon the development property and undertake any work contemplated by this
paragraph without resort to any judicial or other proceeding. When the City undertakes to
perform work to correct the Developer's default, the City may, in addition to any other
remedies, assess the costs in whole or in part to the Developer.
22. The Developer acknowledges that it has initiated the specific development and related
processes identified in this contract. Consequently, Developer agrees that any and all
claims, causes of action, damages, injuries, penalties, or any other potential liability arising
from the undertaking of the development are the responsibility -of the Developer.
Therefore, D eloper agrees to save harmless, indemnify, and defend the City against any
claims, causes of action, damages, injuries, penalties, or any other potential liability arising
from the undertaking of the development, including but not limited to claims regarding:
A. Developer's failure to meet any of the terms or conditions of this contract.
b. The City s inability to provide emergency or other services to any portion of the
developrnent as the result of inadequacy of physical access to the development,
regardless of who was responsible for providing such access.
c. Any claims by third parties of whatsoever nature regarding the development.
23.
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
construct�demand,
nor development work in the plat until the Developer does comply. Upon
the City' the Developer shall cease work until there is compliance.
B. This contract shall be governed by the laws of the State of Minnesota.
C. Breach o� the terms of this Contract by the Developer shall be grounds for denial of
building ermits, 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 remalning portion of this Contract.
T
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 8 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
"metropo 'tan significance" and that an environmental impact statement is not
required. If the City or another governmental agency determines that such a review is
needed, f owever, 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
preparati n of the review.
H. This Contract shall run with the land and may be recorded against the title to the
property. After the Developer has completed the work required of it under this
Contract, at the Developer's request, the City will execute and deliver to the
Developer a release.
L 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 time to time as often and in such order as may be deemed expedient
by the C
other rig
J. The Dev
Council.
24. Notices. Req
delivered to til
registered ma
55068. Notic(
Administrator
the following
55068. Atter
and shall not be a waiver of the right to exercise at any time thereafter any
power or remedy.
may not assign this Contract without the written permission of the City
[red notices to the Developer shall be in writing, and shall be either hand
Developer, its employees or agents, or mailed to the Developer by
at the following address: 3480 Upper 149th Street West, Rosemount, MN
to the City shall be in writing and shall be either hand delivered to the City
or mailed to the City by registered mail in care of the City Administrator at
ddress: Rosemount City Hall, 2875 145th Street West, Rosemount, MN
on: City Administrator.
7
IN SS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
CITY OF ROSEMOUNT
I
BY:
E.B. McMenomy, Mayor
Susan M. Walsh., City Clerk
PARKVIEW, INC.
BY:
Its
BY: _
Its
STATE OF M04MSOTA )
) ss
COUNTY OF DAIKOTA
The foregoing instrument was acknowledged before me this day
of , 1992, 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 pur, uant to the authority granted by its City Council.
Notary Public
STATE OF OTA )
) ss
COUNTY OF DAIKOTA )
The foregoing instrument was acknowledged before me this day
of 1992, by , and
Parkview, Inc., a Minnesota Corporation, on behalf of the
partnership.
Notary Public
9