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HomeMy WebLinkAbout5.b. O'Leary's Hills PUD Agreement & 3rd Addition Deveopment ContractDEVELOPMENT CONTRACT AGREEMENT datedAV 1%7 1987, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and PARKVIEW, INC.', a Minnesota corporation., (the "Devel- oper"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat of land to be known as OLEARY'S HILLS THIRD ADDITION, (also referred to in this Contract, as (-.he "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 O'Leary's Hills Planned Unit Development in an agreement dated -TUIA.1 1987.6 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 of the approved plat unless required by state or federal law or rO7/28/87(RM.5) 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--Flouse Pad Elevations Plan G --Street Lights 7. Installation of Public Improvements. The City shall design and construct the following public improvements within the plat: A. Watermain B. Sanitary sewer C. Storm sewer D. Streets, curb and gutter E. Street lights F. Bituminous trails -2- The Developer shall be required to complete all site grading prior to the installation of public improveme'nts. 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. Barriers sliall be provided by the Developer for temporary dead ends on streets (to meet MnDot sign standards). 8. Private improvements. The Developer shall install. in accordance with City ordinances and standards and pay for the following in accordance with the referenced completion dates: A. Site Grading (completed by August 17, 1987) B. Surveying and Staking C. Setting of Lot and Block Monuments (completed before first sale of a lot by the Developer) D. Gas, Electric, Phone Utilities, and Cable Tele- vision, if cable television is available to the plat. E. Street Signs (completed before first sale of a lot by the Developer) 9. Grading Plan/Site Grading. The Developer shall submit to the City a site grading and drainage plan for the entire plat, accepLable to the City showing the grades and drai-nage for each lot prior to installation of the improvements. Site grading shall 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 utilities. Developer shall. furnish the City Engineer satisfactory proof of payment for the site grading work and shall 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 for installation of utilities. All improvements -3- to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 10. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license Lo 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 plat has been developed. 11. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are 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 other fast-growing seed suitable to the existing soil to provide a tempo- rary 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 development will be allowed and no building permits will be issued unless the plat; is in full compliance with the erosion control requirements. 12. Planting and Seeding. The Developer shall plant one (1) two inch caliper deciduous tree on each street frontage of each lot and the Developer shall also seed or sod the boulevards, all at; its own cost. 13. Clean up. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Devel- oper, its agents or assigns, within 24 hours after notice by the City. 14. 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. 15. 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 3 -year period wiLhoul; defer- ment, together with interest at a rate set by the City. The Developer waives any and all procedural and substantive objections to the installation of the public improvements 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. 16. Security. The Developer shall furnish the City with an irrevocable letter of credit for $20,000.00. The amount was -5- calculated as follows: Landscaping Erosion Control $ 10,000.00 $ 10,006.00 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, 1988. 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 resentor any future expiration dates with a final expiration date of December 31, 1988, 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 all 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 December 31, 1988. 17. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship fora 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. 18. Responsibility for Costs. A. Except as otherwise specified herein, the Devel- -6- oper shall. pay all costs incurred by it or the City in conjunction with the development of the plat, including but riot 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 plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and 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 al-J.ached, all. special assessments referred to in this Contract. This is a personal. obligation of the Developer, Parkview, Inc., 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 fu1.1 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 -7- 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. G. The Developer shall, make a cash contribution to the City of Four Thousand Two Hundred and 00/100 ($4,200.00) Dollars for park dedication before the City signs the final plat. Ii. The Developer represents any taxes or assessments on the property subject to this Agreement are not deferred under Minnesota Statutes Annotated § 273.111 (commonly called Green Acres). The Developer agrees that it will. not make application for deferred taxes or assessments under Minnesota Statutes Annotated § 273.111. I. The Developer shall pay Three Thousand One Hundred and 00/100 ($3,100.00) Dollars for its share in the costs of instal- lation and maintenance of the inplar_e temporary lift stat -Jon i-+nd force main serving the development. This charge is based on a fee of $340.00 per acre. The charge shall be assessed against the plat over a 3 -year period with 8% interest on the unpaid balance. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assess- ments exceed the benefit to the property. The Developer waives any appeal right otherwise available pursuant to M.S.A. § 429.081. -8- 19. Building Permits. No building permits shall. be issued until: A. The site grading has been completed and approved by the City. B. The City has entered into a eotiLracL for Lite improvements listed in paragraph 7 of this Agreement. C. The City Engineer has certified that the timetable for construction of public improvements 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. No occu7ancy permits shall be issued until- the public utilities referred to in paragraph 7 are in and approved by the City, unless otherwise authorized in writing by the City Engineer. 20. 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 Lite 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, riot 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. 21. Miscellaneous. A. The Developer represents to the City that the -9- plat complies with all city, county, metropolitan, stale, 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. 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, material.men, 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 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 -1-0- 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. I G. The Developer represents to the City to the best of its knowledge that the plat is riot, of "metropol i. tan si gnif] ] - 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 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. tnider 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 En add.iLlon to every other right, power or remedy, express or imp -tied, now or hereafter arising, avail -able 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. J. The Developer may not assign this Contract without the written permission of the City Council. -11- 22. 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/Clerk, or mailed to the City by registered mail in care of the City Adminis- trator/Clerk at the following address: Rosemount City Hall, 2875 - 145th Street West, Rosemount, Minnesota 55068,. Attention: Administrator/Clerk. CITY OF ROSEMOUNT BY:. Qra..��. _,�„� Leland S. Knutson, Mayor (SEAL) BY: teph i Jilk, Administrato Clerk PARKVIEW,,INC Ail BY: �.t. �'-�ilc�% I is STATE OF MINNESOTA t ss. COUNTY OF DAKOTA ) The Aegoing instrument was acknowledged before me this /9A day of 1987, by Leland S. Knutson, Mayor, and by Stephan Ji_ Administrator/Clerk, of the City of Rosemount, a Minnesota muniN al corporation, on behalf of the corporation and pursuant to the authority of the City Council. 451% SUSAPIIJ. .10HN'SON � NOTARY PUBLIC -MINNESOTA .. OAKOTA COUNTY MY COMM EXPIRES JUNE 11. 1992 -12- STATE OF MINNESOTA ) ( ss. COUNTY OF DAKO'T'A ) The fQyegoing in ument was a owledged e re t s C y of C-% 1987 , b. Parkview, Inc. , a Minnesota orp tion, on ✓� is behalf.' DRAFTED BY, Grannis, Grannis, Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange Sough St. Paul, MN 55075 (61.2) 455-1661 -13- NOTAWY PU LIC • r DOW 1FDARM - N�TARY MIMIC—MMlI�tA DAKOTA QOIIN1r �►rc�or�. Exv��c�N„ �No EXHIBIT "AE' All that part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 115, Range 19, Dakota county, Minnesota, lying northerly of O'LEARY'S HILLS and O'LEARY'S HILLS SECOND ADDITION, according to the plats on file and of record in the office of the County Recorder in and for said Dakota County, described as follows: Beginning at the northwest corner of Lot 17, Block 1, said O'LEARY'S HILLS; thence North 00 degrees 36 minutes 32 seconds East, assuming the south line of said Southwest Quarter of the Northeast Quarter bears North 89 degrees 48 minutes 49 seconds West, a distance of 320.00 feet; thence North 89 degrees 48 minutes 49 seconds West a distance of'60.00 feet; thence North 89 degrees 27 minutes 49 seconds West a distance of 92.14 feet; thence North 85 degrees 54 minutes 23 seconds West a distance of 73.63 feet; thence North 81 degrees 50 minutes 45 seconds West a distance of 74.00 feet; thence North 81 degrees 31 minutes 46 seconds West a distance of 89.43 feet; thence North 84 degrees 23 minutes 38 seconds West a distance of 89.43 feet; thence North 87 degrees 15 minutes 30 seconds West a distance of 89.43 feet; thence South 89 degrees 41 minutes 25 seconds West a distance of 96.57 feet; thence North 89 degrees 23 minutes 28 seconds West a distance of 60.00 feet; thence South 85 degrees 29 minutes 04 seconds West a distance of 113.56 feet; thence South 83 degrees 46 minutes 49 seconds West a distance of 198.62 feet; thence South 77 degrees 23 minutes 46 seconds West a distance of 159.49 feet to a point of curvature; thence along a nontangential curve concave to the east having a radius of 634.07 feet, a central angle of 16 degrees 00 minutes 00 seconds, an arc length of 177.07 feet, and a chord which bears North 07 degrees 31 minutes 20 seconds West to a point on the west line of said Southwest Quarter of the Northeast Quarter, thence South 00 degrees 28 minutes 40 seconds West, along said west line a distance of 468.88 feet to the northwest corner of said O'LEARY'S HILLS SECOND ADDITION and there terminating. PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT AGREEMENT dated 1987, between the CITY OF ti I ROSEMOUNT, a Minnesota municipal corporation (the "City") and PARKVIEW, INC., a Minnesota corporation (the "Developer"). 1. Request for Planned Unit Development Approval. The Developer has asked the City to approve a Planned Unit Development to be known as O'LEARY'S HILLS ADDITIONS (the "Development") on the following described land: The Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 31, Township 115, Range 19, Dakota County, Minnesota. 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 phases shown on 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. The City has previously granted approval as to phases one and two. Development Contracts must be entered into for each remaining final plat. 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. -1- Prior to the issuance of any permits in any plat, the Developer shall furnish the City with a complete set of building plans for each home model and the tentative locations of the various models within each plat. The Developer shall construct a variety of home styles in alternative locations which shall be subject to City approval. 3. Phased Development. The City may refuse to approve final plats if the Developer has breached this Agreement and the breach has not been remedied. Development of a plat may not proceed until a development contract 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 remaining maximum number of housing units permitted in the Final Development Plan, the total -2- remaining park dedication for the development is 6.3 acres. The Developer shall make a cash contribution to the City in lieu of land dedication. The Developer shall pay the cash contribution required for each phase of the development within thirty (30) days of execution of the Development Contract for the phase. The acreage to be dedicated per phase shall be determined by the formula .04 x number of lots = number of acres. The amount of cash contribution per acre required for each phase shall be specified in the Development Contract. 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 contribution to the City. 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 boulevard tree per lot and two boulevard trees per corner lot in accordance with the applicable Federal Housing Administration specifications except as modified herein. (1) Trees shall be two inch caliper shade trees with roots balled and burlapped, or bare roots in season, and shall be planted in the boulevard in accordance with plans to be approved by the City. (2) Landscaping of multiple family or commercial development shall meet minimum requirements established by the City at the time of either development. -3- (3) All trees, plantings, sod, grass, and the like required by any provision of this Agreement shall be guaranteed by the Developer to be alive, healthy, and disease free for one year. 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 improvements, 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 F Street Signs G. Sidewalks and Trails H. Street Lights I. Park Grading and Seeding J. Civil Defense Sirens -4- Temporary cul-de-sacs shall be installed at all locations where streets are temporarily dead ended, whether due to phasing within the development or where future extensions are proposed outside of the development. The City may, at its option, require a cash escrow from the Developer to pay for the future costs of reconstruction. The City 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 streets and each lot designated by lot and block on final plats prior to the preparation of plans and specifications of public improvements for the development. The Developer shall submit a certified survey of the development to the City after site grading, illustrating street and lot grades prior to the installation of public improvements. 14. Clean up. The Developer shall promptly clear any soil, earth, or debris from streets or other property outside of the development and from improved streets and occupied lots within the -5- development 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. 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. -6- 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 expenses incurred by the City, provided the Developer is given written notice of the work in default not less than thirty (30) days prior to the City's commencement of the work. The City and the Developer recognize that weather conditions may affect the ability of the Developer to perform the work required to be performed hereunder, and agree that such thirty (30) day period shall not include those days on which weather conditions preclude performance by the Developer. Notice to the Developer shall constitute without further action, notice to any contractor or subcontractor. This Agreement is a license for the City to act. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the City, the above notice requirements shall not be required for the City to control erosion problems or in responding to other situations which may jeopardize public health, safety, and welfare. 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 Administration 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 -7- 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. 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. Occupancy prior to street completion may be permitted, at the City's discretion, by separate agreement. The timetable for issuing building permits, prior to the completion of public improvements, shall be determined by the City Engineer. The Developer shall be responsible for any damages to public -8- improvements caused by it or its contractors or agents, if authorized on the site prior to the completion of public improvements. E. The action or inaction of either party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. Either party's failure to promptly take legal action to enforce this Agreement or the security after expiration of time in which the work is to be completed shall not be a waiver or release. F. This Agreement shall run with the subject land and may be recorded in the Dakota County Recorder's Office. G. The Developer represents to the City that the development is not of "metropolitan significance" and that a state environmental impact statement is not required. However, if the City or another governmental entity or agency determines that a federal or state impact statement or any other review, permit, or approval is required, the Developer shall prepare or obtain it at its own expense. The Developer shall prepare or obtain it at its own expense. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting inn preparation. H. This Agreement shall be liberally construed to protect the public interest. I. The Developer shall pay Metropolitan Sewer Availability Charges, City sewer connection charges, and City water connection charges at the time building permits are issued at the then current rate. -9- 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 registered mail at the following address: 3480 Upper 149th Street West, Rosemount, Minnesota 55068. Notices to the City shall be in writing and shall either be hand delivered to the Administrator/Clerk or mailed to the City by certified or registered mail in care of the Administrator/Clerk at the following address: Rosemount City Hall, 2875 - 145th Street West, Rosemount, Minnesota 55068. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: 1F Leland S. Matson Mayor BY:�7 Step gnMt�lk;;P- - Administrator/Clerk PARKVIEW, INC. ff BY: Its -10- STATE OF MINNESOTA ( ss. COUNTY OF DAKOTA ) On this day of , 1987, the foregoing instrument was acknowledged be orea by Leland S. Knutson, Mayor, and by Stephan Jilk, Administrator/C1 k, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. ■ LIC = „ SUSAN rk iofj ; S lid STATE OF MINNESOTA ) NOTARYPOB+IC-n1IN;aEso1A S ( .: DAKOTA CWHTY S5 . COUNTY OF DAKOTA MY COMM. EXPIRES JUNE 11, 1992 ) • ovoivvvvvvvvwvva } The foregoing instrum Baas ack w ged for me this da of , 1987, by the o P rk lew,-'-Inc. , a Minnesot7p�) oration, on alf of h corporation. ;r DRAFTED BY: Grannis, Grannis, Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 -11- 4 MMMMA,■ y� DON F OARLWO NOTARY PUBLIC- 4VNWffA DAKOTA CDUWT MY CDAAAA. EVNZ AN 44.19" AAAAAAAftAMMAVVVVWWVVVVWWWW2