HomeMy WebLinkAbout6.f. Approve Carrollton 2nd Addition PUD Agreement & Development ContractTO: CITY COUNCIL
FROM: MICHAEL WOZNIAK, ASSISTANT PLANNER
DATE: JANUARY 15, 1988
SUBJ: ITEM 6f.: CARROLLTON 2ND ADDITION PUD AGREEMENT AND
CARROLLTON-2ND ADDITION DEVELOPMENT CONTRACT
At the January 5, 1988 City Council Meeting the Planned Unit Development (PUD) Final
Development Plan and the Carrollton 2nd Addition Plat were approved. These approvals
were given subject to City Council approval of the Planned Unit Development Agreement
and Master Subdivision Agreement (applies to the complete project) and the Development
Contract which applies to the plat (first 47 lots).
The PUD Agreement is a legally binding agreement between the Developer of Carrollton
2nd Addition, Rosemount Properties of Minneapolis and the City which establishes
conditions upon which the City will allow the subject property to be developed. The
City typically requires a Developer to enter into a PUD Agreement when any of the
provisions of the Zoning or Subdivision Ordinances are waived or if a project is to be
platted in phases. For a project such as Carrollton 2nd Addition which is to be
developed in phases the PUD Agreement establishes conditions which apply to the
complete project as approved by PUD Final Development Plan.
As each phase of Carrollton 2nd Addition is platted the City also requires the Developer
to enter into a separate Development Contract setting specific requirements for
development of the given phase. The Development Contract also legally binding, does
not alter any of the requirements established in the PUD Agreement but may set forth
additional conditions. Typically the Development Contract establishes completion dates
for public improvements and a dollar amount of "security" which shall be required by
the City to guarantee compliance with the terms of the Contract, payment of special
assessments, and construction of all public improvements. In the case of Carrollton 2nd
Addition (Phase 1) the Developer is being required to provide a letter of credit or cash
escrow for the sum of $153,000.
The form and content of both the PUD Agreement and Development Contract have been
approved by the City Attorney. City Council approval of the documents is required to
allow the Mayor and City Administrator/Clerk to execute the Carrollton 2nd Addition
Planned Unit Development and Master Subdivision Agreement and the Carrollton 2nd
Addition Development Contract. Community Development Staff will make a
recommendation regarding these documents at the meeting.
PLANNED UNIT DEVELOPMENT
AND MASTER SUBDIVISION AGREEMENT
AGREEMENT dated , 1988, between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation (the "CityN), and ROSEMOUNT
PROPERTIES OF MINNEAPOLIS, a Minnesota general partnership (the
"DeveloperN).
1. Request for Planned Unit Development Approval. The
Developer has asked the City to approve a Planned Unit Development to be
known as CARROLLTON 2ND ADDITION (the "'Development"') on the following
described land:
The West Half of the Southeast Quarter of Section 30, Township 115,
Range 19, Dakota County, Minnesota, lying Southerly of the
centerline of Dodd Road, as now travelled; EXCEPT the following
described parcel: Commencing at a point eighty rods due West and
forty-six rods due South of the quarter section -stake between
Sections 29 and 30 in said Township and Range, said point being the
center of the Mendota and Big Souix River Road; thence due South
382 feet; thence due West 250 feet; thence due North approximately
245 feet to the center ofthe Mendota and Big Souix River Road
(Dodd Boulevard); thence Northeasterly on straight line to the
point of beginning.
2. Planned Unit Development Approval. The City hereby grants
Final Development Plan approval subject to the approval of final plats
and compliance withi thfs Agreement. The City agrees to approve final
plats which are substantially similar to the preliminary plat and phases
shown on the Final Development Plan, referenced herein as Plan A,
provided such plats are consistent with the conditions herein and all
other City requirements which are in effect. Development Contracts must
be entered into for each final plat.
If future modifications to the development are proposed,
the maximum density for the development may not exceed three (3)i units
per acre. The Developer will be required to maintain the following
r01/11/88
minimum side yard setbacks for all single family dwellings. The minimum
lot width on interior lots is 75 feet and on corner lots 90 feet. The
minimum side yard setback is 10 feet except that the minimum side yard
setback on the side yard of a corner lot that abuts a street is 30 feet
and the rear yard setback on double frontage lots is thirty (30) feet.
Prior to the issuance of any permits in any plat, the
Developer shall furnish the City with a complete set of building plans
for each home model and the tentative locations of the various models
within each plat. The Developer shall construct a variety of home styles
in alternative locations which shall be subject to City approval.
3. Phased Development. The City may refuse to approve final
plats if the Developer has breached this Agreement and the breach has
not been remedied.
4. Effect of Approval. For two (2) years from the date of
this Agreement, no amendments to the City's Comprehensive Plan, or
official controls shall apply to or affect the use, development density,
lot size, lot layout, or dedication requirements of the development
unless required by'state or federal law or agreed to in writing by the
City and the Developer.:I'Thereafter, ,notwithstanding anything in this
Agreement to the contrary, to the full extent permitted by state law,
the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
5. Compliance with Laws and Regulations. The Developer
represents to the City that the proposed development complies with all
City, County, Metropolitan, State, and Federal laws and regulations,
including but not limited to: Subdivision Ordinances, Zoning Ordinances,
-2
and Environmental Regulations. The Developer agrees to comply with such
laws and regulations.
6. Park Dedication. Based upon the maximum number of housing
units permitted in the Final Development Plan, the total park dedication
for the development is 5.04 acres. To meet this dedication requirement
the Developer shall make a cash contribution of $26,680.00 to the City
before the City signs the final plat of Phase One.
7. Trail Development. Trails, dedicated by the Developer,
shall be constructed by the Developer in accordance with plans and
specifications to be approved by the City, the location of which are
shown on Plan A. Trails within the development shall be completed at the
same time street improvements are constructed in each particular phase.
The trail along Dodd Boulevard shall be constructed in Phase Two.
8. Landscaping and Tress.
A. Developer shall not damage or remove any trees except
as indicated on the grading plans to be approved by the City and
submitted with each plat. Trees shall be protected from destruction by
snow fences, flagging, staking, or other similar means during grading
and construction.
B. The Developer shall plant one boulevard tree per lot
and two boulevard trees per corner lot in accordance with the applicable
Federal Housing Administration specifications except as modified herein.
(1) Trees shall be two inch caliper shade trees with
roots balled and burlapped, or bare roots in season, and shall
be planted in the boulevard in accordance with plans to be
approved by the City.
(2) Two 2 -inch caliper shade trees with roots balled
and burlapped, or bare roots in season, shall be planted on
each double frontage lot abutting Shannon Parkway and Dodd
Boulevard. One tree shall be located in the front yard and one
shall be located in the back. Trees shall be spaced consistent
-3-
with the average lot width and be located within the boulevard
in accordance with plans to be approved by the City.
(3) The Developer shall install extensive plantings
of evergreen trees and shrubs along the entire length of the
north side of the existing berm along County Highway 42. Type,
quantity, size and location of these plantings shall be
established in accordance with a pian prepared by the Developer
and approved by the City. The evergreen trees to be planted
shall be a minimum of four (4) feet in height and no plantings
shall be located at a point higher than one-third (1/3) of the
height of the berm.
(4) All trees, plantings, sod, grass, and the like
required by any provision of this Agreement shall be guaranteed
by the Developer to be alive, healthy, and disease free for one
year.
9. License. The Developer hereby grants the City, its
agents, employees, officers and contractors license to enter the
development to perform all work and/or inspections deemed appropriate by
the City during development.
10. Utility, Pond, and Drainage Easements. The Developer
shall dedicate to the City at the time of final plat approval utility,
drainage, and ponding easements located within or outside the plat,
including access, as required to serve the development.
11. Installation of Public Improvements. Development
Contracts providing for installation of the following public
improvements, approval of construction plans and specifications, and
providing for the payment of the cost of the improvements shall be
entered into by the City and the Developer prior to final plat
approvals:
A. Sanitary Sewer Systems
B. Water Systems
C. Storm Sewer
D. Streets
-4-
E. Concrete Curb and Gutter
F. Street Signs
G. Sidewalks and Trails
H. Street Lights
I. Berming and Landscaping
The City may, at the City's option, allow the Developer to design and/or
construct any of the public improvements. The design and construction
shall be in accordance with the City's standards, ordinances, and
procedures. Temporary cul-de-sacs shall be installed at all locations
where streets are temporarily dead ended, whether due to phasing within
the development or where future extensions are proposed outside of the
development. The City may, at its option, require a cash escrow from the
Developer to pay for the future costs of reconstruction. The City will
require the Developer to post a letter of credit equal to 100% of the
cost of all public improvements or equal to the assessment resulting
from the public improvements together with one year of interest prior to
approving any final plats, or other forms and combinations of surety
approved by the City Council.
12. ownershi)00f Improvements. Upon the successful completion
of the work and construction according to City standards required by
this Agreement, and based upon the City Engineer's recommendation,
improvements lying within public easements shall become City property
upon acceptance by City Council resolution.
13. Erosion Control. As the development progresses, the
Developer shall adhere to the erosion control requirements set forth by
the City, and shall take such other steps as the City Engineer may
reasonably determine are necessary to control erosion.
-5-
0
14. Grading Plan. The Developer shall submit to the City a
site grading and drainage plan showing the grades and drainage for
streets and each lot designated by lot and block on final plats prior to
the preparation of plans and specifications of public improvements for
the development. The Developer shall submit a certified survey of the
development to the City after site grading, illustrating street and lot
grades prior to the installation of public improvements.
15. Clean up. The Developer shall promptly clear any soil,
earth, or debris from streets or other property outside of the
development and from improved streets and occupied lots within the
development resulting from construction or other disturbance by the
Developer.
16. Responsibility.
A. Except as otherwise specifically provided, the
Developer shall pay actual costs incurred by it or the City in
conjunction with the approval and construction of the development,
including but not limited to legal, planning, engineering and inspection
expenses in accordance with fees adopted or accepted by the City.
B. The*'I)pveloper shall hold the City, its officers,
agents, and employees harmless from claims by itself and third parties,
including but not limited to lot purchases, other property owners,
contractors, subcontractors, and materialmen, for damages sustained,
costs incurred, or injuries resulting from approval of the Agreement,
the development, final plats, plans and specifications and from the
resulting construction and development except for construction work
performed by the City. The Developer shall indemnify the City, its
officers, agents, and employees for all costs, damages, or expenses,
MM
including engineering and attorney's fees which the city may pay or
incur in consequence of such claims.
C. The Developer shall reimburse the City for costs
incurred in the enforcement of this Agreement, including engineering and
attorney's fees.
D. The Developer shall pay in full all bills submitted to
it by the City within thirty (30) days. If the bills are not paid on
time, the City may halt all plat development work until the bills are
paid in full.
17. 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 expenses incurred by the City,
provided the Developer is given written notice of the work in default
not less than thirty (30) days prior to the City's commencement of the
work. The City and the Developer recognize that weather conditions may
affect the ability of the Developer to perform the work required to be
performed hereunder, and agree that such thirty (30) day period shall
not include those daye`.,on which weather conditions preclude performance
by the Developer. Notice to the Developer shall constitute without
further action, notice to any contractor or subcontractor. This
Agreement is a license for the City to act. When the City does any such
work, the City may, in addition to its other remedies, assess the cost
in whole or in part. If deemed impractical by the City, the above notice
requirements shall not be required for the City to control erosion
problems or in responding to other situations which may jeopardize
public health, safety, and welfare.
-7-
Is. Execution of Documents.. Upon compliance by the Developer
with the representations and requirements of said documents, the City
will execute documents necessary to obtain Federal Housing
Administration and Veteran's Administration Subdivision Approval letter
and an Engineer's Subdivision Completion letter.
19. Assessments. Except to the extent modified herein, the
parties mutually agree that all public improvements required and
installed by the City shall be assessed pursuant to Chapter 429 of
Minnesota Statutes, and such assessments shall be for a period of not
less than three (3) years, with the exception of assessment made
pursuant to paragraph 17 of this Agreement, unless waived by the
Developer. The Developer waives any and all procedural and substantive
objections to the public improvements and special assessment amounts,
including but not limited to any claims that the assessments that will
be made pursuant to this Agreement exceed the benefit to the property.
20. Miscellaneous.
A. This Agreement shall be binding upon the parties,
their heirs, successors or assigns, as the case may be.
B. Breagh of any material term of this Agreement by the
Developer shall be grounds for denial of building permits. The City
shall give the Developer thirty (30) days advance notice prior to
exercising its right to deny permits.
C. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Agreement is for any reason held invalid as
a result of a challenge brought by the Developer, its agents or assigns,
the City may, at its option, declare the entire Agreement null'and void,
_g_
and approval of the preliminary plat and final development plan shall
thereby be revoked.
D. No one may occupy a building for which a building
permit in the plat is issued, on either a temporary or permanent basis,
until public sanitary sewer and water lines have been installed, hooked
up, tested, and approved by the City. Occupancy prior to street
completion may be permitted, at the City's discretion, by separate
agreement. The timetable for -issuing building permits, prior to the
completion of public improvements, shall be determined by the City
Engineer. The Developer shall -be responsible for any damages to public
improvements caused by it or its contractors or agents, if authorized on
the site prior to the completion of public improvements.
E. The action or inaction of either party shall not
constitute a waiver or amendment to the provisions of this Agreement. To
be binding, amendments or waivers shall be in writing, signed by the
parties, and approved by written resolution of the City Council. Either
party's failure to promptly take legal action to enforce this Agreement
or the security after expiration of time in which the work is to be
completed shall not be,,a waiver or release.
F. This Agreement shall run with the subject land and may
be recorded in the Dakota County Recorder's Office.
G. The Developer represents to the City that the
development is not of "metropolitan significance" and that a state
environmental impact statement is not required. However, if the City or
another governmental entity or agency determines that a federal or state
impact statement or any other review, permit, or approval is required,
the Developer shall prepare or obtain it at its own expense. The
-9-
Developer shall prepare or obtain it at its own expense. The Developer
shall reimburse the City for all expenses, including staff time and
attorney's fees, that the City incurs in assisting inn preparation.
H. This Agreement shall be liberally construed to protect
the public interest.
I. The Developer shall pay Metropolitan Sewer
Availability Charges, City sewer connection charges, and City water
connection charges at the time building permits are issued at the then
current rate.
J. Due to the preliminary nature of many of the exhibits
and the timing of the overall development, addendums to this Agreement
may required to address concerns not specifically set forth herein.
Such addendums shall be limited to those items normally included in
subdivision agreements and shall not be inconsistent with the intent of
this Agreement.
K. The Developer may not assign this Agreement without
the written permission of the City Council.
21. Notices. Required notices to the Developer shall be in
writing and shall be eirther hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registeredmailat
the following address:
Notices to the City shall be in writing and shall either be hand
delivered to the City Administrator/Clerk, or mailed to the City by
registered mail in care of the City Administrator/Clerk at the following
address: Rosemount City Hall, 2875 - 145th Street West, Rosemount,
Minnesota 55068.
-10-
IN WITNESS WHEREOF, the parties have hereunto set their hands
the day and year first above written.
CITY OF ROSEMOUNT
BY:
Rollan Hoke, Mayor
BY:
Stephan J lk
Administrator/Clerk
DEVELOPER:
ROSEMOUNT PROPERTIES OF
MINNEAPOLIS
BY:
Its general partner
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
On this day of , 1988, the foregoing
instrument was acknowledged before me by Rollan Hoke, Mayor, and by
Stephan Jilk, Administrator/Clerk, of the City of Rosemount, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA �)
. (.cs1s
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by , a
general partner of Rosemount Properties of Minneapolis, a Minnesota
general partnership, on its behalf.
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
-11-
NOTARY PUBLIC
CONSENT
, fee
owners of all or part of the subject property, the development of which
is governed by the foregoing Development Contract, affirm and consent to
the provisions thereof and agree to be bound by the provisions as the
same may apply to that portion of the subject property owned by them.
Dated this day of , 1988.
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1988, by
NOTARY PUBLIC
STATE OF MINNESOTA
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by
NOTARY PUBLIC
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
• 1 0 (; -P'
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
AGREEMENT dated , 1988, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("Citym), and
ROSEMOUNT PROPERTIES OF MINNEAPOLIS, a Minnesota general partnership
(the "Developerm).
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for CARROLLTON 2ND ADDITION, (referred to in
this Contract as the "plat"). The land is legally 'described on the
attached Exhibit "A!':
2. Conditions of Plat Approval. The City hereby approves the
plat on condition that the Developer enter into this Contract and
furnish the security required by it.
3. P.U.D. Approval. The City approved the Carrollton 2nd
Addition Planned Unit Development in an•agreement dated ,
1988. Except to the extent specifically modified by this agreement,
that agreement, as may be amended from time to time, is incorporated
herein and shall govern the development of this plat.
4. Phased Development. If the plat is a phase of a
multiphased preliminary plat, the City may refuse to approve final
plats of subsequent phases 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. Charges and special assessments referred to in
this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future
01/11/88
subdivision into lots and blocks. Such charges and assessments will be
calculated and imposed when the outlots are final platted into lots and
blocks.
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 Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
6. Development Plana. 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 the plat. If the plans vary from the
written terms of this Contract, the written terms shall control. The
plans are:
Plan A--Plat/Staging Plan
Plan B --Soil Erosion Control Plan and Schedule
Plan C --Plans and Specifications for Public Improvements
Plan D --Landscaping Plan
Plan E --Grading Plan
Plan F --House Pad Elevation
-2-
Plan G --Street Lights
T. Improvements. The Developer shall install and pay for the
following:
A. Sanitary Sewer
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading and Ponding
I. Gas, Electric, Phone Utilities, and Cable Television,
if cable television is available to the plat.
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Sidewalks and/or Trails
The improvements shall be installed in accordance with City standards,
ordinances, and plans and specifications which have been prepared by a
competent registered professional engineer furnished to the City and
approved by the City Engineer. 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
assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work
meets the approved City standards as a condition of City acceptance. In
addition, the City may, at the City's discretion and at the Developer's
-3
expense, have one or more City inspectors and a soil engineer inspect
the work on a full or part-time basis. The Developer or his engineer
shall'schedule a preconstruction meeting at a mutually agreeable time
at the City Council chambers with all parties concerned, including the
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 OAs Built" plans.
8. Time of Performance. The Developer shall install all
V
required public improvements by July 15, 1988. The'.Developer may,
however, request an extension of time from 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.
9. 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 public improvements to be installed pursuant to
this Development Contract have been installed and accepted by the City.
10. Erosion Control. After the site is rough graded, but
before any utility.construction is commenced or building permits are
issued, the erosion control plan, Plan B, shall be implemented by the
Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial.
All areas disturbed by the excavation and backfilling operations shall
be reseeded forthwith after the completion of the work in that area.
-4-
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 Developer 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 and 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.
11. Clean up. The Developer shall promptly clean dirt and
debris from streets that has resulted.from construction work by the
Developer, its agent$ oriassigns.
12. ownership of Improvements. 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.
13. security. To guarantee compliance with the terms of this
Contract, payment'of special assessments, 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
-5-
letter of credit from a bank („security"') for $153,000.00. The amount
of the security was calculated as follows:
Sewer and Water $ 50,000.00
Streets and Drainage $ 35,000.00
Street Lights $ 5,000.00
Erosion Control/Landscaping $ 15,000.00
Engineering, Surveying and
Inspection $ 8,000.00
The bank and form of the security shall be subject to the approval of
the City Administrator. The security shall be for a term ending
September 15, 1988. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also draw it
down. With City approval, the security may be reduced from time to time
as special assessments and other financial obligations are paid.
14. Warranty. 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.
All trees, grass, and slid, 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.
15. 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
-6-
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
r
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 an6 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 all 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.
-7-
0
Bilis 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 (S.A.C.),
City water connection charges, City sewer connection charges, and
building permit fees.
16. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder, the
r
City may, at its option, perform the work and the beveloper 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 forty-eight (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.
17. 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.
-8-
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, and if as a result there are
delays in completion of public improvements or damage to public
improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties, the
Developer shall assume all liability and hold the City harmless for any
costs the City may incur. No one may occupy a building for which a
building permit in the plat is issued, on either a temporary or
permanent basis, until public sanitary sewer and water lines have been
installed, hooked ue, tested, and approved by the City. Occupancy prior
to street completion may be permitted, at the City's discretion, by
separate agreement. The timetable for issuing building permits, prior
to the completion of public improvements, shall be determined by the
City Engineer.
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
-9-
i
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 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
r
attorney's fees, that the City incurs in assistincj`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. Developer shall take out and maintain until six (6)
months after the City has accepted the public improvements, public
liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly
or indirectly employed by.any of them. Limits for bodily injury and
death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall-be'not less than
$200,000 for each occurrence, or'a combination single limit policy of
$1,000,000 or more. The City shall be named as -an -additional insured on
the policy, and the Developer shall file with the he City a certificate
-10-
evidencing coverage prior to the City signing the plat. The certificate
shall provide that the City must be given ten (10) days advance written
notice of the cancellation of the insurance. The certificate may not
contain any disclaimer for failure to give the required notice.
J. 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
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 oft*n 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.
K. The Developer may not assign this Contract without the
written permission of the City Council.
18. 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:
Notices to the City shall be in writing and shall be either hand
delivered to the City Administrator/Clerk, or mailed to the City by
registered mail to the attention of the City Administrator/Clerk at the
following address: Rosemount City Hall, 2875 - 145th Street West,_
Rosemount, Minnesota 55068.
CITY OF ROSEMOUNT
BY
(SEAL) Rollan Hoke, Mayor
BY:
Stephan Jilk,
City Administrator/Clerk
DEVELOPER:
ROSEMOUNT PROPERTIES OF MINNEAPOLIS
BY:
Thomas O'Leary, Its Partner
STATE OF MINNESOTA
( ss.
COUNTY OF DAKOTA }
The foregoing instrument.was acknowledged before me this
day of , 1988, by Rollan Hoke, Mayor, and by Stephan
Jilk, Administrator/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 , 1988, by a partner
of Rosemount Properties of Minneapolis, a Minnesota general
partnership, on its behalf.
NOTARY PUBLIC
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
-12-
I • •
CONSENT
all or part of the sub ect , fee owners of
� property, the development of which is
governed by the foregoing Development Contract, affirm and consent to
the provisions thereof and agree to be bound by the provisions as the
same may apply to that portion of the subject property owned by them.
Dated this day of , 1988.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by
STATE OF MINNESOTA NOTARY PUBLIC
(+
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by
NOTARY PUBLIC
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
-13-
EXHIBIT NAp
The"West Half of the Southeast Quarter of Section 30, Township
115, Range 19, Dakota County, Minnesota, lying Southerly of the
centerline of Dodd Road, as now travelled; EXCEPT.the following
described parcel: Commencing at a point eighty rods due West and
forty-six rods due South of the quarter section stake between
Sections 29 and 30 in said Township and Range, said point being
the center of the Mendota and Big Souix River Road; thence due
South 382 feet; thence due West 250 feet; thence due North
approximately 245 feet to*the center of the Mendota and Big Souix
River Road (Dodd Boulevard); thence Northeasterly on straight
line to the point of beginning.