HomeMy WebLinkAbout5.c. Wensmann 1st Addition Development ContractDEVELOPMENT CONTRACT
(Developer Installed Improvements)
AGREEMENT dated , 1987, by and between
the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"),
and WENSMANN HOMES, INC., a Minnesota corporation, (the "Developer").
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for WENSMANN 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 Wensmann
Additions Planned Unit Development in an agreement dated
. Except to the extent specifically modified by this agree
►tient, that agreement, 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 preliminary 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 riot 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 becalculatedand imposed when the outlots-
are final platted into lots and blocks
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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:
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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
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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" pians.
8. Time of Performance. The Developershallinstall
all required public improvements by November 30, 1988. 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
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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 riot 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 $287,000.00. The amount of the letter of credit was calculated
as follows:
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Sewer and water $155,000.00
Streets and drainage $ 63,000.00
Street lights $ 6,000.00
Erosion control/landscaping $ 15,000.00
Engineering, surveying, and
inspection $ 40,000.00
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, 1988. 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
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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 monis
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 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
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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 pay Four Thousand Six Hundred
Fifty ($4,650.00) Dollars for its share in the costs of installation
and maintenance of the inplace temporary lift station and force'
main serving the development. 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 substan-
tive objections to the assessments including any claim that the
assessments exceed the benefit to the property.. The Developer waives
any appeal right otherwise available pursuant to M.S.A. § 429.081
15. 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 48hoursin 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.
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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.
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 in the plat is issued, on
either a temporary or permanent basis, until publicsanitary sewer
and water lines have been installed, hooked up, tested, and approved
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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'.
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 tothe
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
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.
I. 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
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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,
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; 14340 Pilot Knob Road, Apple Valley,
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Minnesota 55124. 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, Minnesota55068, Attention: City
Administrator/Clerk.
CITY OF ROSEMOUNT
BY:
Leland S. Knutson, Mayor
(SEAL)
BY:
Stephan Jilk,'
City 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
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STATE OF MINNESOTA )
( ss.
COUNTY OF J
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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