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HomeMy WebLinkAbout5.b. Wensmann Additions PUD Agreementi PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT AGREEMENT dated , 1987, between the CITY OF ROSEMOUNT, a Minnesota municipal corporation (the "City") and WENSMANN HOMES, 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 WENSMANN ADDITIONS (the "Development") on the following described land: The South Forty-seven (47) acres of the West 1/2 of the Northwest Quarter (NW 1/4) and the South Fifty (50) acres of the East 1/2 of the Northwest Quarter (NW 1/4) of Section Thirty-one (31), Township One Hundred Fifteen (115), Range Nineteen (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 preliminary plats and 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. Development Contracts must be entered into for each 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. 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 dedicationrequirements 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. S. 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 -2 for the development is 8.24 acres. The Developer shall dedicate to the City by warranty deed six (6) acres of park land as shown on the attached Exhibit "A" upon final plat approval of Wensmann Second Addition. To meet the additional dedication requirement of 2.24 acres the Developer shall make a'cash contribution to the City upon final plat approval of Wensmann Second Addition. The amount of cash contribution per acre shall conform to the rate established by the City for the year in which final plat approval for Wensmann Second Addition takes place. Any amendments to the Final Development Plan, causing an increase or decrease in the number of housing unit, will result in a corresponding increase or decrease in the amount of cash contribution to the City. 7. Park and Trail Development. Parklanddisturbed by construction shall be mulched, seeded, and fertilized by the Developer promptly after disturbance. The park shall be graded, mulched, seeded, and fertilized consistent with an Addendum to this agreement to be entered into by the City and the Developer prior to final plat approvals. Sidewalks and trails, dedicated by the Developer, constructed in accordance with a plan to be approved by the City, shall be completed at the time street improvements are constructed in the addition where the sidewalks and trails, or portions thereof, are located. The Developer shall provide, at its own expense, sewer and water lines in the streets within its subdivisions that will serve the park, as well as service stubs to the edge of the street right-of-way in accordance with plans submitted by the City. -3- S. Landscaping and Trees. A. Developer shall not damage or remove any trees except` as indicated on the grading plans to be approved by the City and submitted with each plat. 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) Two 2 -inch caliper shade trees with roots balled and burlapped, or bare roots in season, shall be planted in the boulevardof all park parcels and outlots, spaced consistent with the average lot width to maintainreforestation continually in accordance with plans to be approved by the City. (3) Two 2 -inch caliper shade trees with roots balled and burlapped, or bare roots in season, shall be planted along the north -south parkway or the east -west collector street. Trees shall be spaced consistent with the average lot width and be located within the boulevard in accordance with plans to be approved by the City. (4) Developer shall construct earthen mound berms along double frontage lots on the north• -south parkway and -4- east -west collector street where lot grades are at or substantially near street grades and screening is desirable at locations and in accordance with plans prepared by the Developer and approved by the City. (5) 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. 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/or inspections deemed appropriate by the City during the development of the plata 10. 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. 11. Installation of Public Improvements. Development Contracts 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 -5- • • G. Sidewalks and Trails H. Street Lights I. Park Grading and Seeding J. Civil Defense Sirens The City may, at the City's option, allow the Developer to design and/or construct any of the public improvements. The design and construction shall be in accordance with the City's standards, ordinances, and procedures. 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 will 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. 12. 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. 13. 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. 14. 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 -6- 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. 15. 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 development resulting from construction or other disturbance by, the Developer. 16. 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 construction of the development, 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. -7 9 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. 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 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. 18. Execution of Documents. Upon compliance by the Developer with the representations and requirements of said documents, the City -8- will execute documents necessary to obtain Federal Housing Administration and Veteran's Administration Subdivision Approval letter and an Engineer's Subdivision Completion letter. 19. 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 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 17 of this Agreement, unless waived by the Developer. The, Developer waives any and all procedural and substantive objections to the public improvements and special assessment amounts, including but not limited to any claims that the assessments that will be made pursuant to this Agreement exceed the benefit to the property. 20. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case maybe. 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. -9' 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 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 significances 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 -10- 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. J. Due to the preliminary nature of many of the exhibits and the timing of the overall development, addendums to this Agreement may be requiredtoaddress 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. 21. 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: 14340 Pilot Knob Road, Apple Valley, Minnesota 55124. 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. -11- 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: Stephan Jilk Administrator/Clerk WENSMANN HOMES, INC. BY: Its STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of ; 1987, the foregoing instrument was acknowledged before me by Leland S. Knutson, Mayor, and by Stephan Jilk, Administrator/Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 1987, by the of Wensmann Homes, Inc., 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 -12-