HomeMy WebLinkAbout7.a. Country Hills 3rd Addition Final Plat . • � � . . . � � .� . � � ���n . ,v r.,' 1 .
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TO: CtTY COUNCIL
FR(J►M: MICHAE[, W02NIAK, CITY PLANNER
1?ATE: OGTE)BER 27, 198A
SUBJ: NOYEM$ER 1, 1988 REGULAR ME�TING R�YIEWS
COUNTRY HILLS THIRD ADDIT�N FINAL PLAT
A final plak for Country Hi1tS Third Addition, a 139 single fa►nily lot �ha�e of
che Country Hills Planned Unit Deuelopment has been suhmitted to the Citv for
aetion t�y the City Counci(. Enctoced wifh this res�iew are co�ies of the final
ptat, a Resolution to approve the }�lat an�l a Subdivisic�n Devela�ment Contract.
The Country Hilts Third Additian Final Plat is in conformance u�ith the Country
Hills Preliminatry Plat/Pianned Unit Development Plan and Planned Unit
Development Agreement. The ptat meets alt City of Rosemount Zoning and
Subdivsion Ordinance requirements exce�t those thai have l�een waived by the
Planned Linit Development A�reemcrrt. Plans ancl S��ccificaiic�ns fc�r �tihlic
improvements to l�e installed hy the Devetoper have hern ap�irovcd hy thc ('iiy
En�ir�eer. The City witt design and cc>nslruct those ni�rliqns of I�-ft�nici�<fi tit.�tc
Aid Roads (Connemara Trail and Shannon Parkway�) w�hich «�i!( I�e constructec� as
part of the plat.
C�mmunity Development Staff �vili }�rovide Plannin� Commissinn recommenda[ions
r•e�ar�ling the Plat to City Counci( at lhe meetin�.
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City Qf Ras�mount
�- Resofution 1988-
A Resa►lutian Approving the
Country Hilis Third Ac�di#�on Final Plat
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� WHEREAS, the City of Rosemaunt has ap�roved the Country Hiiis
i Third Addition preliminary plat; and
f WHEREAS, a PUD Finai Development Plan fox Country Hills has -
been apgroved by the City; and
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� WHEREAS, the Planning Commission of the City of Rosemoant has
reeommended ap�roval of Country Hilis Third Addition final plai.
NOW THEREFQRE BE IT RESOLVED, the City Council of the City
oF Rasemount hereby a�rproves the Country Hills Third Addi#ian
final plat, subjeet to an executed Subdivision Development
iAgreement.
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� Adopted this lst day of Nouernber, 1988.
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Rollan Hoke, Mayor
ATTEST:
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Stephan Jilk, Administrator/Clerk
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C ` �r-�'t ROSEMpUNT. MINNE50TA 55068
�J��V vG�� 612--423-d411
Development Contract
Country Hills Third Addition
AGREEMENT dateJ , l9$8, hy anc! het�vicen tlic
CITY OF ROSEMOUNT, a Minnesota municipal corporalion, ("City"), and U.S.
HOME CORPORATION, a Delaware corporaiion, (the "Developer"),
1. � Request for Piat Approvs�l. The Developer has asked the City to
approve a plat of land to be knc�wn as COUNTRY HiLLS THIRD EIDDITIUN,
(also referred to in this Coniract as the "plat"). The land is legally described
on the attached Exhibit "A".
2. Conditivn ot Plat Approvai. The City hereby approves thc plat
on condition that the Developer enter intn ti�is Contract ancl furnish the
security requ�red by it.
3. P.U.1). Approval. The City approved the Country Hills Plannec!
Unit Development in an agreement dated July 22, 198G. Exccpt to the extcni
specifically modi[icd by this agrcement, that 7�reement, as may be rn�dificd
[rom time to time, is incorporated herein and shall govern lhc clevcic7��ment f�f
this plat.
4. Phased Development. The City may refuse to anprove final �lats
of subsequent additions o( the plat if the Develc�}�er has breached this
Contract and the breach has nc>t been remeet'recl. Devel�prnent of sut�sequenE
phases may noc proceed untii Developmenk Gontracts [or such phases are '
apprc�ved by the City.
, , 5. Effec� Subdivision Approval. For two (�ears from the date
of this Contract, no amendments fo 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, deve(opment density, lot size, lc►t
layout or dedications of the approved plat unless requirec! by state or federat
law or agreed to in writing by the City and the Developer. Thcreafter,
notwithstanding anything in this Contract to the contrary, to tbe fuli extent
permitted by state law the City may require campliance with any amendtnerrls
to the City's Comprehensive Plan, official controts, platting or dedication
requirements enacted after the date vf this Contract.
6. Devetopmen�t Flans. The plat shall be developed in accordance
with the following plans. The ptans shall not be attached to this Cantract.
With the exception of Plan A, the plans may be prepared, subject to City
approval, after entering the Contract, but before commencement ot' any work
in this plat. If the plans vary from the written terms of this Contract, the
written terms sha11 controI. The plans are:
Plan A--Plat
Plan B--Soi1 Erosican Control Plan and Sehedule
Plan C--Engineeria� Feasibitity Report
Plan D--Plans and Specifications for Public Improvements
Plan E--Grading Pian
Plan F--House Pad Etevations
Plan G--Street Lights
7. Public Improvements. The City shall design and construct those
segments of Munici��l Statc tlid Strecis: Sh�nnc►n i'arkway and ('c�nncrnara
Trail, which will be constructed as part of the plat. This shall include all
improvements which are included within City Project #189; except that the
developer shall install all utitities within Shannon Parkway that lie north c�f
Connemara Trail. Public improvements to be installed by the City sl►al( be
substantially comple[ed hy July 15, 14$9.
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� - 8. Impr�ents. The Developer shall �all and pay, as
appropriate, for the following:
A. Sanitary Sewer SysEem
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading and Panding
I. Gas, Electric, Phane Utilities and Cable Television, if cabte
television is available to the plat.
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Sidewalks andlor Trails
The City shall reimburse ' the Developer for core facilities the Developer
installs at the difference between care and lateral costs as determined by the
City Engineer and approved by the Utility Commission. The improvements
shall be installed in accordance with City standards, ordinances and plans and
specifications which have been �re�ared by a competeni registereci
professional engineer furnished to the City and approved by the City
Engineer. The Developer shall obtain all necessary permits frarn the
Metropolitan Waste Control Cammission and other agencies before proceeding
with construction. The Ueveloper shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable ievel 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 conditio� ,
of City acceptance. In addition, the City will monitor the Devel�per's
ins�ector regarding the constructic�n wark necessary to insurc ec�mpiiance with
City standards. The Developer or his engineer shall schedule a preconstruction
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• • meeting at a mut�y agreeable time at the City Cou� chambers with atl
parties concerned, including thc CiEy sta[f, t� review the program [�r thc
construction work. Within thirty (30) r�ays after the com�letion of the
improvements and before the security is released, the Deveioper shall suppiy
the City with a comptete set of reproducible "Record Plan" drawings.
9. Grading Plan/S[te Gr�ding. The Develo�er shall submit t� the
City a site grading and drainage plan for the entire plat acceptable ta the
City showing the grades and drainage for each lot prior to installation of the
irnprovements. Site grading shali be completed by the Developer at its cost
and approved by the City Engineer prior to the awarding of the contract by
the City for installation of utiiities. Developer shall furnish the City
Engineer satisfactory proof of payment for the site grading work and shatl
submit a certificate survey of the development to the City after site grading,
with street and lot grades, prior to the awarding of the contract of
installation of utilities. All improvements to the lots and the final grading
shali comply with the grading plan as submitted and shall be the
responsibility of the Developer.
10. Time of Performance. The Developer s�all install all required
improvements which wi11 serve Phase I (Block 1; Block 2, Lots 17-51; Block 4;
Block 5; and, Block 9, Lots 6-10); except for the final tift af bituminous
pavement, by June 2U, 1989. The final lift of bituminous pavement shall be
installed by September 1, 1989. The Developer may, however, request an
extension of time for the City. If an extension is granted, it shall be
conditioned upon updating of the security posted by the Developer to reflect
cost increases and the extended completion date. All required improvemenis
for Phase II (remainder of plat) shall be installed by June 30, 1940.
1L License. The Developer hereby grants the City, its agents,
emptoyees, officers and contractors a license to enter the plat to perform all
work and inspections deemed appropriate by the City during the installation
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. , af public improv�sts by lhe City. The license shal�pire after the ptat
has been developed.
12. Erosion Control. Prior Co site grading, and befare any utility
construction is commenced or building permits are issued, fhe erosion control
plan, Plan B, shall be impternented, inspec[ed and approved by the City. All
areas disturbed by the excavation and backfilling operations shall be reseeded
forthwith after the completion of the work in that area. Except as otherwise
provided in the erosion control plan, seed shall be rye grass or other fas[-
growing seed suitable to the existing soil to provide a temporary ground
cover as rapidly as possibte. 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 pla[ development does nc�t
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
witl not affect the Developer's or City's rights or obligations hereunder. If
the Developer does not reimburse the City for any cost the City incurred for
such work within thirty (30) days, the City may draw down the letter of
credit to pay any costs. No development will be allowed and no bailding
permits will be issued unless the plat is in full compliance with the erosion
control requirements.
13. Flanting and Seeding. Prior to the ci[y allowing occupancy, the
Developer shall plant one {1) two-inch caliper deciduous tree on each street
� frontage of each lot and the Developer shall aiso seed or sod the boulevards,
all at its own cost.
14. Clean up. The Developer shall clean dirt and debris from streets
that has resulted from construction work by the Developer, its agents or
assigns, within 24 hours after notice by the City.
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. , 15. Own�ip of Impravements. Upon •pletion and City
acceptance of the work and construction required by this Contract, the public
improvements lying within public righE of ways and easements shall became
City property without further nofice or action.
16. Assessment of Costs. The City shall assess the cost oE the
publie improvements r�eferted to in Paragraph 7 together with administrative,
planni�ng, engineering, capitalized interest, legat and bonding costs against the
plat. The assessments shall be deemed adopted on the date this Contract is
sigaed by the City. The assessments shail be paid over a 5-qear periad
without deferment, toge[her with interest at a rate set by the City. Before
the City issues a Certificate of Occupancy for a strueture built an a Iot, a)1
of the aforementioned assessments against the lot must be paid xn fnil. The
Dedeloper waives any and all procedural and substantive objections ta the
installation of the public im�rovements and the s�ecial assessments, including
but not limited to hearing requirements and any claim that the assessments
exceed the benefit to the property. The Developer waives any appcai rights
o[herwise available pursuant to M.S.A. 429.08L
17. Security. To guarantee compliance with the terms of this
Agreement, payment of speciai assessments, payment of the costs of all �ubiic
improvements, and construction of all pubiic improvements, the Developer
shall furnish the City with a cash eser�w or irrevocahle letter �f credit fram
a bank ("security"j for $980,OUO.UO. The amouni of the letter o[ crediE was
calculated as follows:
60% estimated principai amaunt of special
assessments for public improvements: $2Q2,�00.00
100% estimated cost of improvements to be
installed by Developer (Faragraph 9) $778,UU0.00
The bank and form of the letter of credit shall be subject to the approval of �
the City AdministratoX. The ietter of credit shall be for a term ending
December 31, 1992. In the alternative, the letter of eredit may be for a one
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. , year term provid�it is automatically renewable fo�ccessive one year
periods frocn the present or any future expiration dates with a [inat
expiration date af December 31, 1991, unless sixty (60) days prior to an
expiration date the bank notifies the City that it elects not ta renew for an
additional period. The letter of credit shatl secure cornpliance with the terms
of this Contract, payment of special assessments and a11 financial obtigati€�ns
of the Deve}oper under it. The City may draw down an the letter of credi[
without notice upon receiving notice that the letter of credit will be allowed
to lapse before December 31, 1992. In the event of a defautt under this
Development Contract by Ehe Developer, the Gity shali furnish the Developer
with written notice by certified mail of Developers default(s} under the terms
of this Development Contract. If the Developer does not remove said
default(s) within two (2) weeks of receiving natice, the City may draw on the
[etter of credit. With Ciky approval the letter of credit may be redueect from
time to time as special assessments and other financial obligatians are paid
and public improvements are completed to City's requirements.
18. Warranty. The Developer warranis ail woxk required to be
performed by it against poor material and faulty workmanship for a period of
two (2) years after its completion and acceptance by the City. Al[ trees,
grass and sod shall be warranted to be alive, of good quality and dfsease free
for twelve (12) months a(ter planting. The Dcvcic�per shall pt�st mainicnancc
bands or other security acceptable to the City to secure the warranties.
19. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer sha}1 pay
aTl costs incurred by it ar the City in conjunction with the devel��n�ent of
the plat including, but not limited to, Soil and Water Conservation Distriet
charges, legal, planning, engineering and inspection expenses incurred in
connection with approval and acceptance of the plat, the preparation of this
Contract, and ail costs and expenses incurred by the City in monitoring and
inspecting development of the plat.
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' ' B. 'I� Developer shall hvld the Gity � its of ficers and
employees harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from plat approval and development.
The Developer shall indemnify the City and its officers and employees for al1
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, aIl special assessments referred
to in this Contract. This is a personal obligation of the Developer, U.S.
Home Corporatioa, and shall continue in full force and effect even iF the
Develo�er sells one or more lots, the entire plat, or any part of it.
E. The Develaper shall pay in fuU all bitls submitted to it by
the City for obligations incurred under this Contract within thiriy (3Q} days
after receipt. If the bills are nat paid on time, the City may hait plat
development work aad construction including, but not limited to, the issuance
of building permits [or lots which the Devcloper may or may not have sU1c(,
until the bills are paid in fnll. Bills not paid within thirty (30) days shail
acerue interest at the rate of 8% per year.
F. In addition to the char�es and speciat asSessrnenEs reEerred
to herein, other charges and special assessments may be imposed such as, but
not limiEed to, sewer availability eharges ("S.A.C."), city water connection
charges, city sewer connection charges and building permit fees.
G. The Developer shall make a cash contributian to the City of
Twenty Thousand and 00/100 ($2�,000.00) Dollars for park dedication befare
the City signs the final plat.
H. The Developer shail pay all energy costs for street lighls
installcd within tl�c Caunlry Hills Thircl AdJition unlil 75"0 of tl�r Ic�is ��rr
occupied. After that, the Cify will assurne the energy eosts.
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� - 20. Build�Permits. No building permits shalllissued until:
A. The site grading has been completed and approved by the
CiEy.
B. The City has entered into a contraet for the improvernents
listed in paragraph 7 of this Agreement.
C. The City Engineer has certified that the timetable for
construction of public improrements is compatible with private home
construction.
D. The Developer, in executing this Agreement, assumes all
liability and costs for damage or delays, incurred by the City, in the
construction of public improvements, caused by the Developer, its employees,
contractors, subcontractors, materialmen or agents. N� occupancy perenits
shali be issued until the public utilities referred ta in paragraphs 7 and $ are
in and approved by the City, unless otherwise authorized in writin� by the
City Engineer.
2i. 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 rnay, at its
option, perform the work and the Develc�per shall prompt}y reimburse the City
for any expense iacurred by the City, provided the Devetaper is first given
notice of the work in default, not less than 48 hours in advance. This
Contract is a license for the City to act, and it shall not he necessary for
the City to seek a court ordec for permissiom to enter the land. When Ehe
City does any such wark, the City may, in addition to its other remedies,
assess the cost in whote or in part.
22. Miscellaneous.
A. The Developer represents to the City that the plat eomplies
with all city, county, metropolitan, state and federal laws and regulations �
including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. I[ Che City determines that the plat does noi
cornply, the City may, at its option, refuse t� allow constructie�n or
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• . development wor� the plat until the Developer do�omply. Upon the
City's demand, the Devetoper shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under
this Contraet.
C. Breach of the terrns of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold ta third parties.
D. If any portion, section, subsection, sentence, clause,
paragraph or phrase of this Contract is for any reason held invalid, such
deeision shalt not affect the validity of the remaining portioa of t6is
Contract.
E. If building permits are issued prior to the campletion and
acceptance of public improvements, the Developer assumes all liability and
costs resniting in delays in comptetion of public improvements and damage to
- public improvements caased by the City, Developer, its contractors,
subcontractors, materialmen, ernployees, agents or third parties. No one may
occupy a building for which a building permit is issued on either a temporary
or permanent basis until the streets needed for access have been paved with
a bituminous surface.
F. The action or inaction of the City shall not coastitute a
waiver or amendment to ihe provisions of this Contract. To be bindin�,
amendments or waivers shatl be in writing, signed by the parties and ap�roved
by written resolution of the City Council. The City's 1'ailure to promptly take
legal action to enforce this Contract shali not be a waiver or release.
G. The Developer represents to the City to the best o�' its
knowledge that the plat is not of "metropolitan significance" and that an
environmental impact statement is not required. If the City or anather
gavernmental 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 Develaper shali reimburse the City for all
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' ` expenses, includin�taff time and attorney's fees, th�he City incurs in
assisting in the preparation of the revicw.
H. This ContracE shalf run with the land and may be recc�rded
against the title to the property. After the Developer has eompleted thc
work required af it under this Contract, at the Develaper's request, the City
will execute and deliver to the Developer a release.
I. Each right, power or remedy herein conferred upon the City
is cumutative and in addition to every other right, power or remedy, express
or implied, now or hereafter arising, available to the City, at law or in
equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deeemed expedient by the City
and shall not be a waiver of the right to exereise 'at aay time thereafter any
other right, power or remedy.
J. The Developer may not assign this Contract wiEhout the
written permissian of the City Council.
23. Notices. Required notices to the Developer shall be in writinb,
and shall be eittter hand delivered to the Developer, its employees or agents,
or maited to the Developer by registered mail at the following address: 30�
South County Road 18, Suite 870, St, Louis Park, MN 55426. Notices to the
City shall be in writing and shall be either hand delivered to the City
Administrator/Clerk, or maited to the City by registered mail in care of the
City Administrator/Clerk at the following address: Rosemount City Hall, 2875
145th Street West, Rosernount, Minnesota 55068, Attention;
Administrator/Clerk.
CITY OF ROSEMOUNT
BY: '
Rollan Hvke, Mayor
B Y:
Stephan Jilk, C#erk/Administrator
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U.S. HUME CORPORATI�N
B Y:
IEs Division Vice President
STATE OF MINNESOTA)
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COUNTY OF nAKOTA )
The foregoing irr�trument was acknowiedged before
me this day of , 1988, by Rallan
Hoke, Mayor, and Stephan Jilk, Clerk/Administrator, of the Gity �f
Rosemount, a Minnesota munieipal corporation, on behalf of the corporation
and pursuant to the authoricy granted by its City Council.
Notary Public
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