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Home My WebLink About6.b. Accept Feasibility Report / Set Public Hearing Shannon Parkway (145th St to Connemara)FILE 1981 06 DEVELOPMENT CONTRACT AGREEMENT, dated March 17,1987 by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation ("City"), and SHANNON PARK TOWNHOUSES, a Minnesota general partnership ("Developer"). 1. Request for Plat Approval. The Developer has requested the City to approve a plat known as Shannon Park 1st Addition ("Plat"), shown on Plan A. 2. Conditions of Plat Approval. The City hereby approves the plat on condition (1) that the Developer enter into this Agreement, and 2) that the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Site Plan Approval the City has approved a site for the development of the Plat, shown on Plan B. 4. Installation by Developer. The Developer shall install or cause to be installed and pay for the following: A. Driveways and Parking Areas B. Setting of Lot and Block Monuments C. Surveying and Staking of work required to be performed by the Developer D. Gas, Electric, Telephone Lines E. Cable Television, if available to the plat. The installation shall be in accordance with City standards, policies and ordinances. Temporary access shall be permitted onto 145th Street for the ingress and egress to Lots 1 and 2. The Developer shall construct permanent access to Shannon Parkway according to plans approved by the City. The City agrees to remove the temporary access to 145th Street as part of the Shannon Parkway improvement project, and include the costs as part of the street improvement. 5. Public Improvements. The following improvements shall be installed in the plat by the City: A. Sanitary Sewer B. Water C. Street Lights 6. Payment of Costs. the City shall bill the developer the cost of the public improvements referred to in Paragraph 5, together with administrative, planning, engineering and legal costs with interest at a rate set by the City. The City shall pay for the costs of oversizing the public water main installed through the plat. The Developer shall make three annual payments of equal value, beginning July 1, 1988; July 1, 1989 and on July 1, 1990. 7. Park Dedication. The Developer shall make a cash park dedication in the amount equal to $50.00 per dwelling unit. Payment shall be made at the time building permits are issued based upon the number of units constructed. 8. Security The Developer shall furnish the City with an irrevocable letter of credit, in a form and with an institution approved by the City Attorney. The amount of the letter shall be sufficient to cover the costs of the City, outlined in Paragraph 5. The amount of the letter may be reduced annually to reflect the total outstanding debt to the City. 9. 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 landscaping including, but not limited to, trees, bushes, shrubs, 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. 10. CleanuR The Developer shall promptly clear any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. 11. Ownership of Imyrovements. Upon completion of the work and construction required by this Agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including, but not limited to, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement and all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the plat. 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 purchasers, other property owners, contractors, subcontractors and materialment, 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 willful misconduct and 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. Except for costs being specially assessed, the Developer shall pay in full all itemized bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of ten percent (1001b) per year. 13. 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 written notice of the work in default, no less than thirty (30) days in advance. Notice shall not be required, however, if the City, in its sole discretion, determines there is an emergency. This Agreement 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. 14. Miscellaneous, A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. C. No occupancy of any dwellings shall be permitted until public utilities have been constructed and accepted by the City. D. If any portion, section, subsection, sentence, clause, paragraph of phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. This Agreement shall run with the land and may be recorded against the title to the property. After the City and the Developer have completed the work required under this Agreement, at the Developer's. request, the City will execute and deliver to the Developer a release. F. 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. 15. 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: 9979 Valley View Road, Eden Prairie, Minnesota 55344, % William Jacobson. Notices to the City shall be in writing and shall be either hand delivered to the City Clerk, or mailed to the City by certified mail or registered mail in care of the City Clerk at the following address: 2875 145th Street West, Rosemount, Minnesota 55068, Attention: City Clerk. CITY OF ROSEMOUNT BY: Leland S. Knutson, Mayor BY: Stephan Jilk, Clerk/Administrator SH. M STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1987, by Leland S. Knutson, Mayor, and Stephan Jilk, Clerk/Administrator, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation. STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) Notary Public The foregoing instrument was acknowledged before me this Z[„ day of 1987, by William Jacobson, Partner of Shannon Park Tow ouses, a Minnesota corporation, on behalf of the corporation. Not y Public r SUSAN M. JOHNSON NOTARY PUBM-ASKS TA DAKOTA COUNTY W COMM EXPWS JUNE 1/. 1992 rVAMP