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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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