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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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:
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
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