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HomeMy WebLinkAbout4.m. Approve Shannon Hills 2nd Addition Revised Development Contract CITY OF ROSEMOUNT EXECUTIVE SUI�II�IARY FOR ACTION CITY CQUNCIL MEETING DATE: October 2, 199Q AGENDA ITEM: Shannon Hills 2nd Additian AGENDA SECTION: Development Contract Revision Consent Calendar PREPARED BY: Michael Wozniak, AICP AGENDA N City Planner � �n � �r� ATTACffi�iENTS: APPRO �E : Amended Development Contract At its September 18th meeting the City Council approve he Shannon Hills 2nd Addition Development Contract. After further review of the contract by the develoger some changes have been made and a revised contract has been prepared for consideration by City Council. The changes which have been made affect paragraphs 8, 15 and 16 . In Paraaraph 8, Subparagraph A the date for completion of grading was modified to allow an extension of time far completion of site grading outside of public right-of-way from October 5th to October 15, 1990. Paragraph 8, Subparagraph E was modified such that requirement for street sign installation is "14 days after installation of concrete curb and autter" instead of "before sale of first 1ot by Developer. " Paragraph 8 Subparagraph F has been added which indicates that it is the I3eveloper's responsibility to install street lights. Para raph 15, which references procedures for assessment of public improvement costs, has been modified to allow the Developer to retain his right to appeal assessment of costs of specific storm sewer within the project. The sentence relating to his matter now reads as follows: °The Develoz�er waives any and a1� procedural and substantive obiection to xnstallat.zon of the public improvements with the exception of pro�osed storm sewer improvements within Cobbler Avenue between 145th St. W. and South Cormorant Laoz�, and the special assessments, including but not limited to, hearing requirements and any claim the assessme,nts exceed the benefit to the property. The Developer, in this case, believes he is being required to pay for a portion of the cost of the storm sewer in question which does not benefit his property. Paraqraph 16 has been modified such that the required Letter of Credit is now 5220,000 versus $286,200. The amount shown in the original contact was based upon estimated costs from the Feasibility Report. The low bid for the project came in below the cost estimate of the Feasibility Report, allowing this downward adjustment of the Letter of Credit. RECONL'�ENDED ACTION: Motion to approve the Shannon Hills 2nd Addition Development Contract as amended. COUNCYL ACTION: Approved. � ' C�� �� ("C 1 �, .o��, "C-7'� Development Contract Shannon Hilis 2nd Addition AGREEMENT dated 1990, by and between the CITY OF ROSEMOUNT, a Minnesota municipai corporation Ci � (" ty"), and GROUND DEVELOPMENT, INC., a Minnesota corporation, (the "Developer"). 1• Re�uest for Plat Annrn��, The Developer has asked the City to approve a lat of land to be known as S p HANNON HILLS 2ND ADDITION, (also referred to in this Contract as the "ptat"}. The land is legally described on the attached Exhibit "A". 2. Condition of Plat A rovai. The City hereby approves ttie plat on condition that the Developer enter into this Contract and furnish the security required by it. 3• P.U.D. A4nroval. The City approved the Shannon Hills Planned Unit Development in an agreement dated August 29, 1989. Except to the extent specificaily modified by this agreement, that agreement, as may be modified from time to time, is incorporated herein and shall overn th development of this plat. g e 4• Phased DevelonmPnr, The Gity 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 proeeed until Development Contracts for such phases are approved by the City. 5• ��'ect of ubdivision Aunrovai, For two (2) years from the date of this Contract n amettdments 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 la ou 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 Ci s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 6. Develoument Pians, The plat shail be developed in accordance with the follo ' . The plans shall not be attached to this Contract. With the exce tian of pi � pl�s. P a n A, t h e p l a n s m a y be prepared, subject to City approval, after enterin� the Contract, but before commencement of any work in this plat. If the plans vary from the written terms of this Contract, the written term s shall control. The plans are: Plan A--Plat Plan B--Soil Erosion Control Plan and Schedule Plan C--Engineering Feasibility Report Plan D--Plans and Spec�cations for Public Improvements Plan E--Grading Plan Plan F--House Pad Elevations Plan G--Street Lights 7. Installation of Publi Im rovements. The City shall design and construct the foll public improvements within the ptat: owmg A. Watermain B. Sanitary sewer C. Storm sewer D. Streets, curb and gutter E• Concrete pedestrian trails The Developer shail be required to complete all site grading prior to the inst allation of public improvements. Temporary cul-de-sacs shall be installed at all locations where streets temporaril dead end, whether due to hasin wi Y P S thin the development or where future extensions are proposed outside of the development. Barriers shall be provided by the Developer for tempor dead e meet MnDOT s' �' nds on streets (to ign standards). 8• Private Imnrovements. The Developer shall install in accordance with Ci ordinan tY ces and standards and pay for the following in accordance with the referenced completion dates: A. Site Grading (within public right-of-way completed by October 5, 1990; and remainin site grading completed by October 15, 1990) � B. Surveying and Staking C. Setting of Lot and Block Monuments (completed before fust sale of a lot b Developer) y �e D• Gas, Electric, Phone Utilities and Cable Television, if cable television is avaiiable to the plat. E. Street Signs (installed with fourteen (14) days after installation of concrete curb gutter)• and F. Street Lights 2 9. Gradin� Pl / - �.Site��, The Develo er shall submit to the Cit a site ad' p y &' �g and drainage plan for the entire plat acceptable to the City showing the grades and drainage for each lot prior to �nstallation of the improvements. Site grading shall be completed by the Developer at its cost and approved by the City Engineer prior to the awarding of the contract by the City for installation of utiiities. Developer shall furmsh the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate survey of the development to the Ciry after site grading, with street and lot ade prior to the awazdmg of the contract of installation of utilities. All improvements to the lots and the fmal �a�Sh� COmP1Y�� the grading plan as submitted and shall be the responsibility of the Developer. 10. 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 b the Ci durin the ' y tY S installation of public improvements by the City. The license shall expire after the plat has been developed. 11. Erosion ontrol. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control lan Plan B shall be im lemente P ' � P d, inspected and approved by the City. A11 areas disturbed by the excavation and backClling 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 gro�d cover as rapidiy as possible. All seeded areas shall be mulched and disc anchored necessary for seed retention. The parties recagnize that time is of the essence in controlling erosion. If the plat development does not comply with the erosion control plan and schedule or su leme PP ntary 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 thir tY��} �YS� the City may draw down the letter of credit to pay any costs. No development will be allowed and no b��ng permits will be issued uniess the plat is in full compliance with the erosion control re uir q ements. u• LandsCaDin� and Seedih�►, The Developer shall install aII plant materials within the plat as specified in the Shannon Hills preliminary plat/Planned Unit Development Plan and the Developer shall also seed or sod the boulevards, all at its own cost. 3 13. 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 24 hours after notice by the City. 14. Ownership of ImnrovemPnt�, Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property without further notice or action. ' 15. Assessment of osts. The City sh;all assess the cost of the public improvements referred to in Paragraph 7 above together with administrative, planning, engineering, aapitalized 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 5-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 �Y �d all procedural and substantive objections to the installation of the public improvements, with the exception of proposed storm sewer improvements within Cobbler Avenue between 145th Street West and South Cormorant Loop, 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. ' 16. Securi . The Developer shall furnish the City with an irrevocable letter of credit for $220,000.00. The amount was calculated as followsc 60% of estimated principal amount of special assessment for public improvements . . . . . . . $ 220,000.00 The bank and form of the letter of credit shall be subject to the approval of the City Administrator. The' letter of credit shail be for a term ending December 31, 1993. In the alternative, the letter of credit may be for a one year term provided it is automaticaliy renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31, 1993, unless sixty (60) days prior to an eapiration 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, payment of special assessments and all financial obligations of the Develaper under it. The City may draw down on Che letter of credit, without notice, upon receiving notice that ,the letter of credit will be allowed to lapse before December 31, 1993. In the event of a default under tl�is Deveiopment Contract by the Developer, the City shall furnish the Developer with written notice by cer$ified 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 4 receiving notice, the City may draw on the letter of credit. The City will reduce the letter of credit upon written request of the developer as special assessments are paid and other obligations of this contract are met, but, no more than twice a year. 17• �'Varran . The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. A11 trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting, The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. 18. Resuonsibilitv for Costs. A. Except as otherwise spec�ed 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 inspecGon 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 ciaims 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, except costs, damages or expenses caused by breach of this contract by the City. 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 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 (30) days shall accrue interest at the rate of 8% 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 ("SA.C."), city water connection charges, city sewer connection charges and 5 building permit fees. These additional chazges or special assessments would be associated with construction on individual lots within the plat G. The Developer represents any taxes or assessments on the property subject to this Agreement that are not deferred under Minnesota Statutes Annotated § 273.111 (commonly called Green Acres), The Developer agrees that it will not make application for deferred taxes or assessments under Minnesota Statutes Annotated § 273.11L H. The Developer shall make a cash contribution to the City of $16,000.00 to cover park dedication requirements for the plat before the City releases hardshell copies of the plat. 19. Building Permits. No building permits shall be issued untiL• A. The site grading has been completed and approved by the City. B. The City has entered into a contract for the improvements list�d in paragraph 7 of this Agreement. C. The City Engineer has certified that the timetable for construction of public improvements is compatible with private home construction. D. The Developer, in execuung this Agreement, assumes all liability and costs far 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 untiI the public utilities refened to in paragraph seven are in and approved by the City, unless otherwise authorized in writing by the City Engineer. 20. Developer's Defauit. 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 ' prompdy 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 sl:all 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 wnole or in part. 2L 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 enviranmental regulations. If the City determines that the plat does not comply, the Ciry 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 untii 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 shali not affect the validity of the remaining 6 portion of tlus 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 pazties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis undl the streets needed for access have been paved with a bituminous surface. F. The ac6on or inaction of the City shall not constitute a waiver ar 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 sign�cance" and that an environmental impact statement is not required. If the City or another governmental entity or 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 Deveioper may not assign this Contract without the written permission of the City Council. 22. 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: 1550 Utica Avenue South, Minneapolis, MN 55416. Notices to the City shall be in writing and shall be either haad 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, Minnesota 55068, Attention: Administrator. 7 CITY OF ROSEMOUNT BY: Vernon J. Napper, Mayor BY: Stephan Jilk, City Admuustrator GROUND DEVELOPMENT, INC. BY: Its President STATE OF MINNESOTA ) COUNTY OF DAKOTA j ss The foregoing instrument was acknowledged before me this 1990, by Vernon J. Napper, Mayor, and Stephan Jilk, City Administ atorf of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporatioa and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) COUNTY OF ) ss ) The foregoing instrument was acknowledged before me this 1990, by Steven Fiternnan, President, Ground Development, Inc. �ay °f Notary Public 8