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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.