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HomeMy WebLinkAbout6.a. Country Hills 5th Addition Development ContractEXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: November 5, 1991 AGENDA ITEM: Country Hills 5th Addition AGENDA SECTION: Development Agreement Old Business PREPARED BY: AGENDIm Lisa Freese, Director of Planning TE # 6 A ATTACHMENTS: Development Agreement APPRO D B : G/ At the October 15 Council Meeting, the final plat for Country eills 5th Addition was approved. The City Council delayed action on the Development Agreement because Mr. Lee Johnson of US Homes expressed some concerns with some changes in this Development Contract from the previous contracts for other additions in the Country Hills Planned Unit Development. Generally, this contract is the same as the past contracts approved by the City Council. However, thelanguageregarding when building permits will be issued has been clarified to reflect the current policy of the Public Works Director. This policy is that no building permits will be issued by the City until the first lift of bituminous is on the street and the curbs are backfilled. In order to address Mr. Johnson concerns about this requirement, a provision has been added to allow the developer to obtain a building permit prior to the first lift of bituminous if a temporary access is constructed to the lot at the developer's expense. RECOMMENDED ACTION: A motion to approve the Development Agreement for Country Hill 5th Addition. COUNCIL ACTION: DEVELOPMENT CONTRACT COUNTRY HILLS FIFTH ADDITION AGREEMENT dated day of , 1991, by and between the. CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and U.S. HOME CORPORATION, a Delaware corporation, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat of land to be known as COUNTRY HILLS FIFTH ADDITION (also referred to in this contract as the "plat"). The land is legally described as Outlots A and D, Country Hills Fourth Addition. 2. P.U.D. ARProval. The City has approved the Country Hills Planned Unit Development in an agreement, dated July 22, 1986, Addendum I, dated June 2, 1987, and Addendum II, dated June 18, 1991. 3. Conditions of Plat ARRroval. The City hereby approves the plat on condition that (1) Engineering Plans and Specifications and the required utility easements be approved by the City Public Works Director (2) that the utility easement on the northwesterly lot line of Lot 1, Block 1 of Country Hills Fourth Addition be used as the maintenance access to Outlot B; and (3) the Subdivision Development Contract for Country Hills Fifth Addition be executed. 9. 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. S. 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 Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in this plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A -- Plat Plan B -- Soil Erosion Control Plan and Schedule Plan C -- Drainage and Stormwater Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights 7. Improvements. The Developer shall install or cause to be installed and pay for the following: A. B. C. D. E. F. G. H. I. J. K. L. M. Sanitary Sewer Water Storm Sewer Streets Concrete Curb and Gutter Boulevard Sod Street Lights Sidewalks and Trails Street Signs Setting of Lot and Block Monuments Surveying and Staking of work required to be performed by the Developer. Gas, Electric, Telephone Lines Cable Television, when available to the plat. The City shall reimburse the Developer for core facilities 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 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 Metropolitan Waste Control Commission and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field 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 2 construction work meets the approved City standards as a condition of City acceptance. In addition the City will monitor the Developer's inspector regarding the construction work necessary to insure compliance with City 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 Plan" drawings" S. 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") for $302,700. The amount of the letter of credit was calculated as follows: Engineering $ 45,800 Grading 65,000 Sanitary Sewer 50,900 Watermain 43,100 Storm Sewer 37,300 Street Construction 59,600 Survey Monuments 1,000 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, 2001. In the alternative, the letter of credit may be for a one (1) year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31, 2001, 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, 2001. 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. 3 9. 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. 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 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. 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 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. 12. 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 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 4 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 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. 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 and easements shall become City property without further notice or action. 16. 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. 17. 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 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, U.S. Home Corporation, and shall continue in full force 5 and effect even if the Developer sells one or more lots, the entire plat, or any part of it. a E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("S.A.C."), City water connection 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 Country Hills Fifth Addition until seventy- five percent (75%) of the lots are occupied. After that, the City will assume the energy costs. 18. 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. 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 are in and approved by the City, unless otherwise authorized in writing by the City Public Works Director. N 19. peveloperls 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. 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 ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. No occupancy permit shall be issued until public improvements in paragraph 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 binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. G. The Developer represents to the City to the best of its knowledge that the plat is not of "metropolitan significance" and 7 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. 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: 8421 Wayzata Boulevard, Suite 300, Golden Valley, MN 55426. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: Vernon J. Napper, Mayor BY: Susan M. Walsh, City Clerk 8 U.S. HOME CORPORATION BY: Its STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1991, by Vernon J. Napper, 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 , 1991, by U.S. Home Corporation, a Delaware Corporation, on behalf of the partnership. Notary Public 9