HomeMy WebLinkAbout7.b. Approve West Ridge 2nd Addition Development Contract�
PLANNED UNIT DEVELOPMENT FILE cues 9 8 7 13
AND SUBDIVISION AGREEMENT
AGREEMENT, dated , 1987, between the CITY
OF ROSEMOUNT, a Minnesota municipal corporation (the "City"), and
ROSEMOUNT DEVELOPMENT CO., a Minnesota corporation, (the "Developer").
1. Request for Planned Unit Development Approval. The Devel-
oper has asked the City to approve a Planned Unit Development to
be known as "WEST RIDGE" (the "Development" or the "Plat") on the
following described land:
The Southwest Quarter and the Southwest Quarter of the Southeast
Quarter, except the East 165 feet of the South 264 feet of said
Southwest Quarter of the Southeast Quarter, Section 31, Township
115, Range 19.
2. Planned Unit Development Approval. The City hereby grants
Final Development Plan approval subject to the approval of final
plats and compliance with this Agreement. The City agrees to approve
final plats which are substantially similar to the Final Development
Plan, attached hereto as Exhibit'! "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 plata
dimension The City has waived fminimum lot di me requirements
in approving the Development. If future modifications to the development
are proposed, the maximum density for the development may not exceed
three (3) units per acre. The Developer will be required to maintain
the following 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.
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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 will be required to construct
a variety of different homes and to locate the different homes in
an alternating fashion.
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. Development of a plat may not proceed until
development contracts for each plat has been approved by the City.
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. 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,,
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
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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 will be required to construct
a variety of different homes and to locate the different homes in
an alternating fashion.
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. Development of a plat may not proceed until
development contracts for each plat has been approved by the City.
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. 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,,
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
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for the development is 11.3 acres. Land dedication is 8.3 acres,
leaving a cash dedication equal to 3 acres due.The Developer shall
dedicate the parkland with the final platting of Phase 4 and pay
the cash dedication of $13,500.00 within ninety (90) days of the
filing of the final plat identified as Phase 2. Any amendments to
the Final Development Plan, causing an increase or decrease in the
number of housing units,.will result in a corresponding increase
or decrease in the amount of cash dedication to the City. If Phase
4 has not been final platted by January 1, 1990, the Developer shall
pay the City $50,000.00.
7. Landscaping and Trees.
A. Developer shall not damage or remove any trees except
as indicated on the grading plans approved by the City. 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 (1) boulevard tree
per lot and two (2) boulevard trees per corner lot in accordance
I
with the applicable Federal Housing Administration specifications
except as modified herein.
(1) Trees shall be 2 -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) Landscaping of multiple family or commercial
development shall meet minimum requirements established
by the City at the time of either development.
(3) All trees, plantings, sod, grass and the like
required by any provision of this Agreement shall be
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guaranteed by the Developer to be alive, healthy and
disease free for one year.
8. License. The Developer hereby grants the City, its agents,
employees, officers and contractors a license to enter the plat to
perform all work and/or inspections deemed appropriate by the City
during the development of the plat,
9. 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 plat.
10. Installation of Public Improvements. Addendums to this
Agreement providing for installation of the following public improve-
ments, approval of construction plans and specifications, and 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
E. Concrete curb and gutter
E Street signs
G. Sidewalks and trails
H. Street lights
I. Park grading and seeding
J. Civil defense sirens
Temporary cul-de-sacs shall be installed at all locations where streets
are temporarily dead ended, whether due to phasing within the develop-
ment or where future extensions are proposed outside of the development.
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The City may, at its option, require a cash escrow from the Developer
to pay for the future costs of reconstruction. The City may 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.
11. Ownership of Improvements. Upon completion, approval
and acceptance of public improvements in the plat, the improvements
dedicated to the public by final plat or separate instrument shall
become City property without further notice or action.
12. 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.
13. Grading Plan. The Developer shall submit to the City
a site grading and drainage plan showing the grades and drainage
for each lot designated by lot and block on final plats prior to
the installation of public improvements for that lot.
14. Clean up. The Developer shall promptly clear and soil,
earth or debris from streets or other property outside of the subject
property and from improved streets and occupied lots within the subject
land resulting from construction or other disturbance by the Developer.
' 15. 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 development of the plat including, but not
limited to, legal, planning, engineering and inspection expenses
in accordance with fees adopted or accepted by the City.
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B. The Developer 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,
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.
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 City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense 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 days on which weather conditions preclude
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perform&nce 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.
17. 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 Adminis-
tration and Veteran's Administration Subdivision Approval letter
and an Engineer's Subdivision Completion letter.
18. 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 State 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 16 of the Agreement, unless waived by
the Developer. The Developer, however, waives any and all claims
that the assessments that will be made pursuant to this Agreement
exceed the benefit to the property.
19. Miscellaneous.
A. This Agreement shall be binding upon the parties,
their heirs, successors or assigns, as the case may be.
B. Breach 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.
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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, 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. 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 plat
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
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impact statement or any other review, permit, or approval is required,
the 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 in prepa-
ration.
H. This Agreement shall be liberally construed to protect
the public interest.
I. The Developer shall pay Metropolitan Sewer Availability
Charges, City sewer connection charge, and City water connection
charge 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 be 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.
20. 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 certified or regis-
tered mail at the following address: 3480 Upper 149.th Street West,
Rosemount, Minnesota 55068. Notices to the City shall be in writing
and shall either be hand delivered to the City Clerk or mailed to
the City by certified or registered mail in care of the City Clerk
at the following address: Rosemount City Hall, 1367 - 145th Street
East, Rosemount, Minnesota 55068.
MOM
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IN WITNESS WHEREOF, the parties have hereunto set their hands
the day and year first above written.
CITY OF ROSEMOUNT
BY:
Leland S. Knutson, Mayor
BY:
Don F. Darling, Clerk
ROSEMOUNT DEVELOPMENT CO.
BY:
Its
STATE.OF MINNESOTA
t ss.
COUNTY OF DAKOTA )
On this day of , 1987, the foregoing instru-
ment was acknowledged before me by Leland S. Knutson, Mayor, and
by Don F. Darling, Clerk, of the City of Rosemount, a municipal corpo-
ration, on behalf of the corporation, and pursuant to the authority
of the City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
k ss.
COUNTY OF DAKOTA
On this day of 1987, the foregoing instru-
ment was acknowledged before me by , the
of Rosemount Development Co., a Minnesota corporation,
on behalf of the corporation.
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
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DEVELOPMENT CONTRACT C 'RK,S 198?
1
(City Installed Improvements)
AGREEMENT dated , 1987, by and between
the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"),
and ROSEMOUNT DEVELOPMENT CO., a Minnesota corporation, (the "Devel-
oper").
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for WEST RIDGE SECOND 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 West Ridge
Planned Unit Development in an agreement dated ,
1987. Except to the extent specifically modified by this agreement,
that agreement, as may be modified from time -to time, is incorporated
herein and shall govern the development of this plat.
4. Phased Development. The City may refuse to approve
final plats of subsequent additions of the plat if the Developer
has breached this Contract and the breach has not been remedied.
Development of subsequent phases may not proceed until Development
Contracts for such phases are approved by the City.
5. Effect of Subdivision Approval. For two (2) years
from the date of this Contract, no amendments to the City's Compre-
hensive 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
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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 Plans.. 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
Plan B --Soil Erosion Control Plan and Schedule
Plan C --Engineering Feasibility Report
Plan D --Plans and Specifications for Public Improvements
Plan E --Grading Plan
Plan F --House Pad Elevations
7. Installation of Public Improvements. The City shall
design and construct the following public improvements within the
plat:
A. Water main
B. Sanitary sewer
C. Storm sewer
D. Streets, curb and gutter
E. Street lights
F. Trails
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The Developer shall be required to complete all site grading prior
to the installation of public improvements. Temporary cul-de-sacs
shall be installed at all locations where streets temporarily dead
end, whether due to phasing within the development or where future
extensions are proposed outside of the development.
8. Private Improvements. The Developer shall install
-in accordance with City ordinances and standards and pay for the
following:
A. Site Grading
B. Surveying and Staking
C. Setting of Lot and Block Monuments
D. Gas, Electric, Phone Utilities, and Cable Tele-
vision, if cable television is available to the
plat.
E. Street Signs
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
a,re issued, the erosion control plan, Plan B, shall be implemented,
inspected, 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
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other fast-growing seed suitable to the existing soil to provide 13
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 plat development does 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 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 develop-
ment 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 agents or assigns.
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. Assessment of Costs. The City shall assess the cost
of the public improvements referred to in Paragraph 7 above together
with administrative, planning, engineering, capitalized interest,
legal and bonding costs against the plat. The assessments shall
be deemed adopted on the date this Contract is signed by the City.
The assessments shall be paid over a 5 -year period without defer-
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ment, together with interest at a rate set by the City. Before
the City issues a.Certificate of Occupancy for a structure built
on a lot, all of the aforementioned assessments against the lot
must be paid in full. The DeveloPer waives any and all procedural
and substantive objections to the installation of the public improve-
ments and the special assessments, including but not limited to
hearing requirements and any claim that the assessments exceed
the benefit to the property. The Developer waives any appeal rights
otherwise available pursuant to M.S.A. § 429.081.
14. Security. The Developer shall furnish the City with
an irrevocable letter of credit for $75,000.00. The amount was
calculated as follows:
Private Improvements $ 25,000.00
Deferred Park Contribution $ 50,000.00
The bank and form of the letter of credit shall be subject to the
approval of the City Administrator. The letter of credit shall
be for a term ending January 31, 1990. In the alternative, the
letter of credit may be for a one year term provided it is auto-
matically renewable for successive one year periods from the present
or any future expiration dates with a final expiration date of
January 31, 1990, unless sixty (60) days prior to an expiration
date the bank notifies the City that it elects not to renew for
an additional period. The letter of credit shall secure compliance
with the terms of this Contract and financial obligations of the
Developer under it. The City may draw down the letter of credit,
without notice, for any violation of the terms of this Contract
or upon receiving notice that the letter of credit will be allowed
to lapse before January 31, 1990.
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15. 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 sod, shall be. warranted to be
alive, of good quality and disease free for twelve (12) months
after planting. Any replacements shall be warranted for twelve
(12) months from the time of planting. The Developer shall post
maintenance bonds or other security acceptable to the City to secure
the warranties.
16. Responsibility for Costs.
A. Except as otherwise specified herein, the Devel-
oper shall pay all costs incurred by it or the City in conjunction
with the development of the plat, including but not limited to
Soil and Water Conservation District charges, legal, planning,
engineering and inspection expenses incurred in connection with
approval and acceptance of the plat, the preparation of this
Contract, the preparation of an environmental assessment worksheet,
and all costs and expenses incurred by the City in monitoring and
inspecting development of the plat.
S. 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 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.
CtEREs 1987 987 1 3
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 and shall continue in full force and
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
E. The Developer shall pay in full all bills sub-
mitted 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 construc-
tion, including but not limited.to.the issuance of building permits"
for lots which the Developer may or may not have.sold, until the
bills are paid in full. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as but not limited to sewer availability charges
("S.A.C."), City water connection charges, City sewer connection
charges, and building permit fees.
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 expense incurred by the
City, provided the Developer is first given notice of the work
in default, not less than 48 hours in advance. This Contract is
a license for the City to act, and it 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
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its other remedies, assess the cost in whole or in part.
18. 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
ordifances, 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.
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, the Developer
assumes all liability and costs resulting in delays in completion
of public improvements and damage to public improvements caused
by the City, Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No one may occupy a building
for which a building permit is issued on either a temporary or
permanent basis until all utilities are installed and until the
streets needed for access have been paved with a bituminous surface.
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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 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 signifi-
cancel' and that an environmental impact statement is not required.
If the City or another governmental entity or agency determines
that such a review is needed, however, the Developer shall prepare
it in compliance with legal requirements so issued from the agency.
The Developer shall reimburse the City -for all expenses, including
staff time and attorney's fees, that the City incurs in assisting
in the preparation of the review.
H. This Contract shall run with the land and may
be recorded against the title to the property. After the Developer
has completed the work required of it under this Contract, at the
Developer's request the City will execute and deliver to the Devel-
oper a release. ,
I. Each right, power or remedy herein conferred
upon the City is cumulative and in addition to every other right,
power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter
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any other right, power or remedy.
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J. The Developer may not assign this Contract without
the written permission of the City Council.
K. The Developer shall pay the City $13,500.00 within
ninety (90) days after the final plat is approved in satisfaction
of the P.U.D. park cash dedication requirement.
19. 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: 3480 Upper 149th Street west, Rose-
mount, Minnesota 55068. Notices to the City shall be in writing
and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Adminis-
trator at the following address: Rosemount City Hall, 1367 - 145th
Street East, Rosemount, Minnesota 55068, Attention: City Clerk.
CITY OF ROSEMOUNT
BY:
Leland S. Knutson, Mayor
(SEAL)
BY:
Don F. Darling, City Clerk
ROSEMOUNT DEVELOPMENT CO.
BY:
Its
STATE OF MINNESOTA
t ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1987, by Leland S. Knutson, Mayor,
and by Don F. Darling, City Clerk, of the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority of the City Council..
NOTARY PUBLIC
-10-
�
f
CLERK'S
FILE
STATE OF MINNESOTA
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of 1987, by , ` the
of Rosemount Development Co., a Minnesota corpo-
ration, on its behalf.
NOTARY PUBLIC
DRAFTED BY:
Grannis, Grannis, Farrell
6 Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661