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HomeMy WebLinkAbout7.f. Approve Country Hills 2nd Addition Development Contract• 0 DEVELOPMENT CONTRACT (Developer Installed Improvements) CLERK AS FILE 198? ,1° 3 AGREEMENT dated , 1987, by and between the CITY OF ROSEMOUNT, a'Minnesota municipal corporation, ("City"), and U.S. HOME CORPORATION, a Delaware corporation, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for COUNTRY HILLS 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 Country Hills Planned Unit Development in an agreement dated July 22, 1986. Except to the extent specifically modified by this agreement, that agree- ment, 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 preiiminary'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 subse- quent 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 subdivision into lots and blocks. Such'charges and assessments will be calculated and imposed when the outlots are final platted into lots and blocks. r05/28/87(RM.3) CLERKS 9 8 'O . p3 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 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/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 Elevations Plan G --Street Lights 7. Improvements. The Developer shall install and pay_ for the following: -2- CLERKS 98? 13 A. Sanitary Sewer System 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 -stan dards, 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 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 ago 9,8? ? 3 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 "As Built" plans. 8. Time of Performance. The Developer shall install all required public improvements by November 30, 1987. 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. 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 -4- • FILE E CLERKS 198? 13 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 supple- mentary 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 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. Security. To guarantee compliance with the terms of this Agreement, 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 letter of credit from a bank ("security") for $1,019,000.00. The amount of the letter of credit was calculated as follows: -5- CLE's 1987 3 FILE Sewer and water $444,000.00 Streets and drainage. $465,000.00 Street lights $ 11,000.00 Erosion control $ 6,000.00 Engineering, surveying, and inspection $ 93,000.00 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 December 31, 1987. The City may draw down the letter of credit, 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 a letter of credit, the City may also draw down the letter of credit. With City approval the letter of credit may be reduced from time to time as special assessments and other financial obliga- tions 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 '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. 15. Responsibility for Costs. A. Except as otherwise specified herein, the Devel- oper shall pay all costs incurred by it or the City in conjunction 0 CLERK'S 198? FILE� 3 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, and all costs and expenses incurred by the City in moni- toring and inspecting development of the plata 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 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 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 -7- V,, CLERK'S 9 FILE 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 (11S.A.C.11), 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 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 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. B. Third parties shall have no recourse against the City under this Contract. ME caE-s 1987 987 1 3 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 contrac- tors, 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 is issued on either a tempo- rary 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 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- cance" 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 066M 0 CLERICS j '-8 ? l 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 Developer a release. 1. 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 City a certificate 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, -10- Of 10- i t�Ks 1981 1 3 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 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: 1712 Hopkins Crossroad, Minnetonka, Minnesota 55343. 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 Administrator at the following address: Rosemount City Hall, 1367 - 145th Street East, Rosemount, Minnesota 55068, Attention: City Clerk. (SEAL) CITY OF ROSEMOUNT BY: Leland S. Knutson, Mayor BY: Don F. Darling, City Clerk U.S. HOME CORPORATION BY: Its -11- • cc's FILE 1 STATE OF MINNESOTA ) ( 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 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1987, by the of U.S. Home Corporation, a Delaware.corporation, 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 cF��'s 298TH.. ill 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 , 19 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19 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- Al