HomeMy WebLinkAbout5.c. Limeric Way Development Contract � �
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TO: CITY COUNCIL
FROM; MICHAEL WQZNIAK, CITY PLANNER
DATE: OCTO�ER 2$, 198$
SUBJ: NOVEMBER 1, 1988 REGULAR MEETtNG REVIEVVS
LIMERICK WAY SUBDIVISION DEVELOPMENT CONTRACT
In,cluded with this review is a copy of a Subdivision Development Contract for
the Limerick Way Townhouse Project. The purpose af this contract is prirnarily
to provide contractual and financial guarantees from the Developer that
improvements to be constructed within pubtic easements (sanitary sewer and
watermain) will be installed in an acceptable manner. Also specified in the
contract are private improvements (gas, telephone, cahle T.V., etc.) that the
Developer is being required to install. The contract further references
landscaping requirements for the praject as well as citing park dedication
requirements for the plat.
Council Action ap�roving the form and content of the contract and authorizing
signatures by ihe Mayor and City AdministraEor is required.
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Development Contrac#
Limer�ck Way
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AGREEMENT dated , 1988, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and
Limerick Way Townhouse Fartners., a Minnesota corporation, (the
"Developer"}.
1. Request for Plat Approval. The Developer has asked the City to
approve a plat of land to be known as LIMERICK WAY, (also referred to in
this Contract as the "plat"). The land is legally described on the attached
Exhibit "A".
2. Condition of Plat Approval. The City hereby approves the plat
on condition that the Deveioper enter into this Contract and furnish the
security required by it.
3. 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 of ficial
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 dedicafion
requiren�ents enacted after the date of this Contract.
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t 4. Develo�nt Plans. The plat shall be dev�ed in accordance
with the following plans. The �lans shall not be attached to this Contract.
With the exception of Plan A, the plans may be prepared, subject to City
a�proval, after entering the Contract, but before commencernent of any work
in this plat. If the plans vary from the written terms of this Contract, the
written terms shall control. The plans are;
Plan A--Plat
Plan B--Ptans and Specifications for Public Improvements
Plan C--Grading Plan
Plan D--Landscaping Plan
5. Instaltation of Public Improvements. The Developer shall ittstall
and pay for the following public improvements within the plat;
A. Watermain
B. Sanitary sewer
The Developer shall be required to eomptete all site grading prior
to the installation of public improvements. The City will reirnburse the
DeveloQer for the difference in cost between the oversized watermain being
installed and the cost of the residential equivalent for watermain, as
deterrnined by the Gity Engineer and approved by the Utility Cammissian.
b. Private Improvements. The Developer shai) instali in aceordance
with City ordinances and standards and }�ay for the following in accordance
with the refereneed completion dates:
A. Site Grading (completed by , 19�
$. Surveying and Staking
C. Setting of Lot and $lock Monuments (completed befare first
sate of a lot by the Deveioper)
I>. Gas, Eleetric, Phone Utilities and Cablc Television, if cable
televisian is atlai(ablc to the �lat, .
�. Grading Plan/Site Grading. The Developer shat( submit to [he
City a site grading and drainage �lan for the entire ptat acceptable to the
City showing the grades and drainage f�r each lot prior t� installation of the
imrrc�vements.
, ` . . 8. Licens� fibe Developer hereby �rants i City, its agents,
employees, officers and contractors a ticense to enter the �lat to perform all
work and inspections deemed appropriaEe hy the City during ihe instailation
of pubtic improvements by the City. The license shall expire aEter the pla:t
has been developed.
9. Landscap'rng. Pric�x to the Gity aliowing occupancy of any units
all plant materiats indicated in the Landscaping P1an with the exceptian ot'
thcsse refereaced as future plantings shall be instal�ed io thc s�tis!'actioa pf
tbe City Engineer.
10. Clean np. The Developer shali ctean ciirt and �iebris from streeJ.s
that has resulted from construction work by the Deveioger, its agents or
assigns, within 2Q hanrs after n�ticc by the City.
11. Ownership of Improvements. Upvn completion of khe work and
construetion required by this C�ntract, the im�rovements lying within public
casements shall become City property without further notiee or action.
12, Security. The Developer shafl furnish the City with an
irrevocable letter of credit for $28,OOO,Q�, The amount was calculated as
foflows:
ResidenEial equivalent of cost
af Watermain $6,Q00.00
10(NIo Estimalcd c�tst c�f
Sanitary Sewer $22,00(�.00
The bank and form of the letler of credit shall be subject to the approval of
lhe City Administrator. The letter of credit shall be [or a term ending
December 31, 19$9. The letter o[ credit shalt secure compliance with the
terms of this Contract, and payment and all financial obligations o€ the
Developer under it. The City may draw down on the letter of credit, without �
notice, upoa receiving notice that the letter of credii will be allowed to ta�se
before December 31, 1989. In the event of a default under this Develo�ment
Lontract by the Developer, the City shalfi furnish the Devetoper with written
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, � � �notice by certifie�ail �f Developers default(s) und�he terms of this
Dcvelopment Contract. lf the Developer does not rernove said default(s)
within two (2} weeks of receis>ing notice, the e��y may draw vn the letter of
credit. With City approval the Ictter ot' crcdit may be reduced frorn time to
lime as speeial assessments and other financial obligaiions are paid.
17. Wnrranty. Thc ncvclo��cr warrants .�tl wc�rk rcquireci ic� l�c
perrormed by il against poor materiat and i'aully workmanship for a peri�d �!'
one (1) year after its completion and acceptance by the City. All trees, grass
and sod shall be warranted to be a}ive, of L,00d quality and disease free for
twelve (12) months after p}anting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer shall post
rnaintenance bonds or other security acceptable to the City #o secure the
warranties.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay
alt costs incurred by it or the City in conjunction with the development of
the plat including, bnt not limited to, Soil and Water Conservation District
charges, legal, ptanning, engineering and inspection expenses incurred in
connection with approval and acceptance of the plat, the preparation of this
Contract, and all costs and expenses ineurred by the City in manitoring and
ins�ecEing development of the p(aE.
B. The Deveic�per shali h�ld lhe City and its officers and
employees harmless from claims made by itself and third parties for damages
sustained or eosts 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 ctaims, including attorney's fees. .
C. The Developer shall reimburse the City for eosts incvrred in
the enforeement af this Contract, including engineering and attorney's fees.
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' • D. Th�eveloper shall pay in full atT bil�ubmitted to il by
the City fo€ obligations incurrea under this Contract within thirty (30) days
after receipt. If the bilts are not paid on time, the City may hait plat
development work and canstruction inciuding, but not limited to, the issuance
of building permits, until the bitls are �aid in fufl. Bi}ls not paid within
thirty (30) days shall accrue interest at the rate of 8% per year.
E. In addition to the charges 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.
F. The Developer shall make a cash contribution to the City of
Ten Thousand Two Hundred Forty and OU/100 ($i(?,24U,Q0) Dallars for park
dedication before the City issues any BuiIding Permits for the plat.
G. The Ueveloper represents any iaxes ar assessments on the
property subject to this Agreement that are not deferred under Minnesota
Statutes Annotated 273.111 (commQn�y calied Green Acre�}. The Developer
agrees that it will not make applieation for deferred taxes or assessmen#s
under Minnesota Statutes Annotated 273.111.
19. 8uilding Permits. No building perrnits shall be issued until:
A. The site grading has been completed and approved by the
City.
B. The City Engineer has certified thaE the timetable EQr
constrttcEion of public impracements is eampatible with private horne
construction.
C. The Developer, in cxecuting this Agreement, assumes atl
liahility and costs for dama�e or delays, incurred by the City, in t}ac
construction of public im�rc�vements, caused by the Devetoper, its employees,
contractors, subcontractors, materialmen or agents. No occupancy permits
shall be issued until the pubiic utifi#ies referreci to in paragraph 5 are in and
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' � ` approved by the C�, unless otherwise authorized in �ting by the City
Engineer.
2U. Developer's I)efault. In the event of default by the Developex aa
to any of the work to be perforrned by it hereunder, the City nnay, at its
option, perfarm the wark and the Developer shali promptly reimburse the City
for any expense incurred by the City, pr�vided the Develoger is first given
notice of the work in defaulc, not less than 48 hours in advance. This
Ct�ntract is a license for the City t� aet, and it shall not be necessary for
the City to seek a court order far permission to enier the land. When the
City does any such work, the City rnay, in aclditi�n tcs its ather remedies,
assess the cost in whole or in �art.
21. Mi�ceilaneous.
A. The I?evelaper represents to the City that Che plat compties
with all city, county, metropolitan, state and federal laws and regulations
including, but �oc i��,cea to: subdivision �rdinances, 7oning ordinances and
environmental regnlations. Il' the City determines that the plat does noE
comply, the City may, at its option, refuse to allo�v construction or
development wark in the plat until the Develo�er does comply. Upon the
City's demand, the Developer shatl eease work until there is complianee.
B. Third p�rlics shatl havc nn recc�ur5e �gainst tMe City undcr
lhis Concract. �I
C. $reach of the terms of this Contract by the Developer shall
ne �rounds for denial of buileling �►ermits, including I�ts sold to third �artics.
D. If any portion, section, subsection, sentence, clause,
paragraph or phrase of this Contract is for any reason hetd invalid, such
decision shall nat affect the validity of the remaining portion of this
Contract.
E. If building permits are issued prior to the cornpletion and
acceptance of public improvements, the Developer assumes all liability and
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' � � costs resulting in �ys in compietion of public improv�nts and damage tca
public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents or third parties. No one may
occupy a building far which a building permit is issued on either a temporary
or permanent basis until parking areas needed [or access have been paved
with a bituminous surface.
F. The action or inaction of the City shatl not constitute a
waiver or amendment to the provisions of this Cantract. Ta be binding,
amendments or waivers shall be in writing, signed by the parties and approved
by written resolution of the City Councit. The City's failure to promptly take
legal action to enforce this Contrac[ shall not be a waiver or release.
G. The Developer represents to ll�e City to the best of its
knowledge that the ptat is not of "metropolitan significance" and that an
enviranmental impact statement is not required. If the City or another
governmental entity ar agency determines that such a review is needed,
however, the Developer shall prepare it in compliance with legai requirements
so issned from the agency. The Developer shalt reimburse the City for all
expenses, inc�uding 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 Iand and may be recorded
against the title to the properly. After the Developer has completed the
work required of it under this Contract, at hhe Develo�er's request, the City
will exeeute and deliver t� the Developer a release.
I. Each right, power or remedy herein conferred upoa the City
is cumulativc and in adclition t€� every �ther righE, 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 farth or otherwise so existing may be exercised from time
to time ds often and in snch order as may be deemed expedient by the City
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�and shall not be a waiuer of the right to exercise at an�ime thereafter any
other right, power or remedy.
J. The Develaper may not assign this Contraet withovE the
written permission of the City CounciL
22. Notices. Required nc�tices to the Developer shalt be in writin�,
and sball be either hand deliverec� tc� the Deueloper, i#s employees or agents,
or mailed to the Developer by registered mail at the following addressc c1�
William Zacobson, Valley Place Offices, 9979 Valley View Road, Eden Prairic,
MN 55344. Notices to the City shatl be in writing and shall be either hand
delivexed tn the City AdministratorlClerk, or mailed to the City by registered
mail in care of the City Administratox/Clerk at the following address:
- Rosemount City HaH, 28'75 145th StreeE West, Rosemount, Minnesota 3506fi,
Attention: AdministratorlClerk.
CITY OF ROSEMOUNT
BYr
Ratlan Hakc, Mayor
BY:
Stephan Jiik, Clerk/Administrator
LIMERiCK WAY TOWNHOUSE PARTNERS
BY:
Its Partner
BY:
I[s Fartner
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, �• • STATE OF MINN�TA)
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C:t)UNTY OE DAKUTA )
Tlie forcgc>ing instsumcnt was acknowledgccl hcforc
me this day of , 198A, by Rollan
Hc�ke, Mayor, and Stephan .tilk, L'ieck/Administrator, �f the City o�
Rc�scmount, a Minncsota munici�al cc�x�nrakic�n, on behaif of the cor�►oraii�n
and pursnant to the authority granted by its City Council.
� � Notary P�at�lic
STATE UF MINNESOTA )
} ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1988, by
Notary Public
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Property Description
That part of the Northwest (�uarter of the Southeast Quarter of Section 30,
Township T15, Range 19, Dakota Caunty, Minnesota described as foliUws:
Commencing at the northwest corner of the Northwest Quarter
of the Southeast Quarter of said Section 30; thence North
89 degrees 48 minutes 59 seconds Eas; on ari assumed bearing
along the north line af the Northwest Quarter of the Sautheast
Quarter of said Section 30, a distance of 432.35 feet; thence
South 1 dec�ree 00 minutes 55 secands West, a distance of 593.00
feet to the point of t�eginniny; thence South 1 degree 00 minutes
55 seconds West, a distar�ce nf 320.00 feet; thenee South 89
degrees 4�i minutes '59 seconds West, a distance of 410.02 feet,
thence North 1 degrees 00 minutes 55 seconds East, a distance
of 32�.00 feet; thence Nurth 89 degrees 48 n�inutes 59 seconds
East, a distance of 41Q.02 feet tQ the point of beyinr�ing.
Plat Areas :
Tota1 Flat Area = 131,178 Sq. f t. (3.011 acres}
Dedicated Road R/W = 25,&O1 Sq. Ft,
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Lot 1, alock 1 = 105,577 Sg. Ft. (2.42 acres}
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