HomeMy WebLinkAbout4.g. Shannon Hills 3rd Addition Revised Development ContractCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 5, 1992
AGENDA ITEM: SHANNON
HILLS THIRD ADDITION
AGENDA SECTION:
REVISED
DEVELOPMENT CONTRACT
CONSENT
PREPARED BY: LISA J.
FREESE,
AGENDA
ffEM
DIRECTOR OF PLANNING
ATTACiMENTS: REVISED
DEVELOPMENT CONTRACT
AP VED Y:
On February 4, 1992, the City Council approved the final plat J r Shannon
Hills Third Addition and authorized execution of the development contract.
The contract has not been executed by the City or the Developer, Mr. Steve
Fiterman. The security requirements stipulated in that contract were based
on 60k of the costs of public improvements estimated by OSM Engineering,
Inc. in the feasibility study. The actual bids on the public project were
considerably lower. At the developer's request, staff has revised the
security requirements to reflect the actual construction costs. No other
changes have been made to the development contract approved by the Council
on February 4th, 1992.
RECOMMENDED ACTION:
A motion to authorize the execution of development contract of Shannon
Hills Third Addition as revised.
COUNCIL ACTION:
DEVELOPMENT CONTRACT
SHANNON HILLS THIRD ADDITION
AGREEMENT dated day of , 1992,
by and between the CITY OF ROSEMOUNT, a Minnesota municipal
corporation, ("City"), and GROUND DEVELOPMENT, INC., a Minnesota
corporation, (the "Developer").
1. Recuest for Plat Approval. The Developer has asked the City to
approve a plat of land to be known as SHANNON HILLS THIRD
ADDITION (also referred to in this contract as the "plat"). The
land is legally described as follows:
That part of Outlot A, SHANNON HILLS 2ND ADDITION lying
southerly, easterly, southerly, westerly, and southerly
of a line described as follows: Commencing at the
southeast corner of said Outlot A; thence on an assumed
bearing of North O degrees, 44 minutes, 39 seconds East,
along the east line of said 0utiot A, 370.00 feet to01he
actual point of beginning; thence South 87 degrees,
minute, 37 seconds West, 196.65 feet; thence southerly on
a non-tangential curve concave to the West for a distance
of 38.28 feet, radius of said curve is 590.00 feet and
the chord bearing is South 1 degree, 06 minutes,
52
seconds East; thence South 0 degrees, 44 minutes, 39
seconds West, tangent to last described curve, 30.00
feet; thence North 89 degrees, 15 minutes, 21 seconds
West, 450.00 feet; thence on a tangential curve to the
left for a distance of 32.06 feet, radius of said curve
is 357.86 feet;
thence North 4 degrees, 23 minutes, 20
seconds West, not tangent to last described curve, 67.00
feet; thence North 11 degrees, 20 minutes, 52 seconds
West, 66.74 feet; thence North 71 degrees, 24 minutes, 00
seconds West, 189.23 feet; thence South 77 degrees, 31
minutes, 43 seconds West, 395.42 feet to the westerly
dine of said 0utlot A and there terminating.
2. P.U.D. Approval. The City has approved the Shannon Hills
Planned Unit Development in an agreement, dated August 29, 1989.
3. Conditions of Plat Approval. The City hereby approves the plat
on condition (1) that Engineering Plans and Specifications be
approved by the City Public Works Director; --(2) that outlot A be
dedicated to the City for park land and the remainder of the
park dedication required for this plat ($11,575.) be paid as a
cash contribution prior to release of the ---signed plats; (3) that
f r Shannon Hills Third
the Subdivision Development Contract o
se of the signed plats; and
Addition be executed prior to relea
(4) that restrictions pertaining to the drainage easement are
recorded on the deeds of Lots 9-13, Block 2.
t
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 Development Contracts for
subsequent phases shall be consistent with the Shannon Hills
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 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. Development Places. 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 by Developer. The Developer shall install or cause
to be installed and pay for the following:
A. Street Signs
B. Setting of 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
8. Public Improvements. The following improvements, known as City
Project #225, shall be designed and installed in the plat by the
City:
A. Sanitary Sewer
B. Water
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
9.
10.
F. Street Lights
G. Sidewalks and Trails
Public improvements to be installed by the City shall be
substantially completed by July 31, 1992.
Assessment of Costs. The City shall assess the cost of the
public improvements referred to in Paragraph 8 together with
administrative, planning, engineering, capitalized interest,
legal and bonding costs against the plat. The assessments shall
be deemed adopted on the date this Contract is signed by the
City. 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 of the aforementioned assessments
against the lot must be paid in full. The Developer waives any
and all procedural and substantive objections to the
installation 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.
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 or irrevocable letter of
credit from a bank ("security's) for $212,410. The amount of the
letter of credit was calculated as follows:
1. 60 percent of the estimated cost of City installed public
improvements.
2. 100 percent of the estimated cost of Developer installed
improvements. 50,000
Grading 1.000
Survey Monuments $212,410
The bank and form of the letter of credit shall be subject to the
approval of the City Administrator. The letter of credit shall be
for a term ending December 31, 2002. In the alternative, the
letter of credit may for a one (1) year term provided it is
automatically renewable for successive one year periods from the
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$ 17,969
Sanitary Sewer
3,705
Sanitary Sewer Services
22,094
Watermain
7,320
Water Services
40,567
Storm Drain
55,9228,313
Street
Sidewalks
5,520
Street Lights
2. 100 percent of the estimated cost of Developer installed
improvements. 50,000
Grading 1.000
Survey Monuments $212,410
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 for a one (1) year term provided it is
automatically renewable for successive one year periods from the
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present or any future expiration dates with a final expiration date
of December 31, 2002, unless sixty (60) days prior 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, 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 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.
11. Time of Performance. The Developer shall install all required
improvements which will serve the Plat by September 1, 1992.
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
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 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.
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 otherwise
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
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areas shall be mulched and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the plat development does not comply
with the erosion control plan and schedule or supplementary
instructions received from the City, the City may take such
action as it deems appropriate to control erosion. The City
will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the
Developer's or City's rights or obligations hereunder. if the
Developer does not reimburse the City 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 and no building permits will be issued unless
the plat is in full compliance with the erosion control
requirements.
15. Planting and Seedina. 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 un. 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.
17. Ownershiu of IZ2roygments. 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. 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 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 specified herein, the Developer shall
pay all costs incurred by it or the City in conjunction with
the development of the plat including, but not limited to,
Soil and Water Conservation District charges, legal,
planning, engineering and inspection expenses incurred in
connection with approval and acceptance of the plat, the
preparation of this 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 or costs incurred resulting
from plat approval and development. The Developer shall
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indemnify the City and its officers and employees for all
costs, damages or expenses which the City may pay or incur
in consequence of such claims, including attorney's fees.
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 (3 0 ) 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 charges, City
sewer connection charges, City stormwater connection charges
and building permit fees.
G. The Developer shall pay all energy costs for street lights'
installed within the plat until seventy-five percent (75t)
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 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
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 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 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. Developer'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 Contract 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.
IftheCity 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 Developershallcease
work until there is compliance.
B. Third parties shall have norecourseagainst 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 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,
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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 preparation 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.
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 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. The Developer may not assign this Contract without the
written permission of the City 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, M 55416. 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 Administrator at the following address:
Rosemount City Hall, 2875 145th Street West, Rosemount, MN
55068. Attention: City Administrator.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
CITY OF ROSEMOUNT
BY:
E.B. meMenomy, Mayor
BY:
Susan M. Walsh, City Clerk
GROUND DEVELOPMENT, INC.
BY:
Its
STATE OF MINNESOTA )
-ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me
this day of , 1992, by
k
E.B. McMenomy, Mayor, and Susan M. Walsh, City Clerk, of the City of
Rosemount, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the 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 11992, by
, Ground Development Inc.,
a Minnesota Corporation, on behalf of the partnership.
Notary Public
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