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HomeMy WebLinkAbout6.h. Approval of Subdivision Agreement for Prestwick Place TownhomesEXECUTIVE SUMMARY City Council Meeting: March 20, 2018 AGENDA ITEM: Approval of Subdivision Agreement for Prestwick Place Townhomes AGENDA SECTION: Consent PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.h. ATTACHMENTS: Subdivision Agreement, Final Plat APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve Subdivision Agreement for Prestwick Place Townhomes and Authorize the Mayor and City Clerk to enter into the Agreement. ISSUE The City Council approved a final plat for Prestwick Place Townhomes on April 18, 2017, and included a condition of approval requiring the Dakota County CDA to enter into a subdivision agreement with the City concerning the proposed improvements. Because the CDA did not expect to build any of the 40 townhouse units associated with the project in 2017, the City and CDA held off on preparing an agreement until now. A draft agreement is attached for consideration by the City Council, and includes the following highlights: •The City will construct approximately 600 feet of Addison Avenue from the southern boundary of the Greystone subdivision to the eastern edge of the Dakota County CDA property in Prestwick Place. •The interior roads will be privately owned and maintained, with public utilities (sewer and water) serving the individual buildings. •Construction of the road is expected to begin later this spring. •The CDA will be pulling building permits for the townhouse units later this year or in early 2019. RECOMMENDATION Recommend approval of the attached subdivision agreement. Prestwick Place Townhomes January / 2018 Page 1 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx SUBDIVISION AGREEMENT Prestwick Place Townhomes AGREEMENT dated this ________ day of ________________________, 2018, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY, a ___________________________________________________, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Prestwick Place Townhomes, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the “subject property”). 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Incorporation of recommendations of the City Engineer concerning design and installation of public and private infrastructure, and including grading, erosion control, streets and utilities. b. Execution of a Subdivision or Development Agreement to secure the public and private improvements. c. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. e. Dedication of 30-foot right-of-way or a roadway easement over Outlot N to accommodate the construction of Addison Avenue (Street 16). 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive 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 Prestwick Place Townhomes January / 2018 Page 2 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx 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 Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The subject property shall be developed in accordance with the following plans, specifications and contract documents, original copies of which are on file with the City Engineer. The plans and contract documents may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Plat Plan B - Soil Erosion Control Plan and Schedule Plan C - Drainage and Storm Water Runoff Plan Plan D - Plans and Specifications for Public and Private Improvements Plan E - Grading Plan and House Pad Elevations Plan F - Street Lights Plan G - Landscape Improvements All Improvements, including Developer Improvements and City-Installed Public Infrastructure Improvements (if any) that lie within the public right-of-way or easements and are improvements listed in Minnesota Statutes, Section 429.021 (hereinafter the Improvements) will be designed by the Developer at the Developer’s expense, and approved by the City Engineer. The Developer will prepare plans and specifications for the Improvements and will perform all construction administration for the Improvements, all at Developer expense. Construction administration includes but is not limited to documentation, as-builts, surveying, field staking, and testing. The City Engineer will perform inspection services at Developer’s expense. 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the “Developer Improvements”: A. Surveying and staking B. Surface improvements (paved streets, sidewalks, trails, etc.) C. Water main improvements D. Sanitary sewer improvements E. Storm sewer improvements F. Setting of lot and block monuments G. Gas, electric, telephone, and cable lines H. Site grading I. Landscaping J. Streetlights K. Other items as necessary to complete the development as stipulated herein or in other agreements Prestwick Place Townhomes January / 2018 Page 3 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 that will serve the subject property by October 31, 2018, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer’s reasonable control. 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. 8. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City- Installed Public Infrastructure Improvements” (known as City Project 2017-06), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. None 9. [This Section Intentionally Left Blank] 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements, and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash deposit or irrevocable letter of credit from a local bank (“security”) in the amount of Nine Hundred Forty-One Thousand, Two Hundred Thirty-Six Dollars ($941,236). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $25,000 $27,500 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $20,000 $22,000 Retaining Wall and Fence $41,250 $45,375 Landscaping (174 trees) $52,200 $57,420 Street Lighting (5 lights) $20,000 $22,000 Cost 125% Surface Improvements $204,344 $255,429 Water Main Improvements $102,487 $128,109 Sanitary Sewer Improvements $75,444 $94,305 Storm Sewer Improvements $209,278 $261,598 Total $775,003 $941,236 Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. With City approval, the letter of credit may be reduced from time to Prestwick Place Townhomes January / 2018 Page 4 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City’s requirements. 11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities by the City is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City. Such license shall terminate as to all residential lots within the subject property upon acceptance by the City of the public infrastructure improvements. 13. 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 within 72 hours 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 as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City-approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is critical in controlling erosion. If development does not 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. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will attempt 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 Subject Property is in full compliance with the erosion control requirements. 14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After a 24-hour verbal notice to the Developer, the City will complete or contract to complete the clean-up at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of home construction within this Prestwick Place Townhomes January / 2018 Page 5 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure. Sanitary sewer, storm sewer, water main and streets and other surface improvements are considered Private Improvements. 17. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City or such longer period as is specified in plans and specifications prepared by the City Engineer for Developer Improvements that are Public Improvements. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for three (3) years after planting. For each pond/wetland in the development, the developer shall provide to the City Engineer an inspection report by July 31 each year which includes the following: A. Date of inspection B. Name of person responsible for inspection C. Photos of the pond/wetland area confirming the vegetation is established as intended D. Maintenance plan describing the required maintenance activities and tentative schedule. 18. 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 Subject Property 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 subdivision and the plat, the preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting the development of the Subject Property. 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 or subdivision approval and development of the Subject Property, except for any costs or expenses arising from the negligence or other wrongful acts or omissions of the City, it’s agents, employees or contractors. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses that 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 preparation and enforcement of this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide invoices, in reasonable detail, as to any such fees. The estimated City fees of $73,555 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: Prestwick Place Townhomes January / 2018 Page 6 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx $10,000 Engineering Review Fees (estimate – to be used to reimburse the City for actual review expenses) $29,578 Construction Monitoring Fees (estimate – 5% of construction costs – to be used to reimburse the City for actual construction monitoring expenses) $2,000 Attorney Fees (estimate – to be used to reimburse the City for actual legal expenses) $29,578 5% City Fees (non -refundable – based on estimate of construction costs of $591,553) $2,400 GIS Fees (non -refundable) $73,555 Total Amount Due If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within ten (10) days of the request. If actual City fees are lower than this estimate, any surplus funds will be returned to the developer when the project fund is reconciled and closed. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots that 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 nine percent (9%) per year. E. The Developer shall pay all energy costs for street lights installed within the Subject Property. 19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of execution of any plat by the City: A. Storm Sewer Trunk Area Charges in the amount of $43,112 B. Sanitary Sewer Trunk Area Charges in the amount of $6,751 C. Watermain Trunk Area Charges in the amount of $40,820 D. Payment for the construction of Akron Avenue, Connemara Trail, and Addison Avenue in the amount of $102,068 as noted in Exhibit C. Or other amounts for such fees as in effect at the time of plat approval. 20. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of the date of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,485). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family currently at $770; multi-family currently at $290 per housing unit). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit). D. Water Availability Charges per SAC unit (currently at $2,400 /SAC unit for single family residential and multi-family residential). Prestwick Place Townhomes January / 2018 Page 7 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx E. Park Dedication Fee in the amount of $114,000 ($2,850 per housing unit, to be paid as a lump sum for all 40 units before the first building permit is issued). 21. Building Permits. No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All utilities are tested, approved by the City Engineer, and in service. C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. E. All building permit fees are paid in full. F. No early building permits will be issued. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in the construction of the Improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the streets and utilities referred to in paragraph 6 are installed and approved by the City (excluding the final wear course of bituminous), unless otherwise authorized in writing by the City Engineer. 22. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City’s Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 23. 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 48 hours in advance. 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, draw on the letter of credit or other security described in section 10, or levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 24. Miscellaneous. A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply 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 subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property 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 Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. Prestwick Place Townhomes January / 2018 Page 8 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of the Improvements, the Developer assumes all liability and costs resulting in delays in completion of the Improvements and damage to the Improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. F. The action or inaction of the City 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. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the subject property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer’s request, the City will execute and deliver to the Developer a release. H. 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 the 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. I. The Developer may not assign this Agreement without the written permission of the City Council. 25. 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: Tony Schertler, Executive Director Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 651-675-4432 tschertler@dakotacda.state.mn.us Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator Rosemount City Hall 2875 145th Street West Rosemount, Minnesota 55068 Prestwick Place Townhomes January / 2018 Page 9 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: Erin Fasbender, City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of _____________________, 2018, by William H. Droste, Mayor, and Erin Fasbender, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY BY: ___________________________________________ Its BY: ___________________________________________ Its STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this day of ______________________, 2018 by __ , its ______________________________________, and _____________________________, its_________________________________ ________________ of Dakota County Community Development Agency, a __________________________________________, on behalf of said agency. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Prestwick Place Townhomes January / 2018 Page 10 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion control ($3,500/acre). Note: The minimum surety amount is set at $25,000. Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75 percent of adjoining lots (estimated lump sum). Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development. Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a surety for that cost is not required. Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction. Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to calculate this cost). Buffer Monumentation – An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost). Park Equipment – An amount equal to 110% of the cost of improvements agreed upon to be completed in the park areas. Wetland Monitoring – An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City. Wetland Restoration/Mitigation – An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). Prestwick Place Townhomes EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 25,000$ 27,500$ $3500/ac x 6.28 Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 20,000$ 22,000$ $500/unit x 40 units 4 Retaining Wall and Fence 41,250$ 45,375$ Per Developer's estimate 5 Landscaping 52,200$ 57,420$ Per City Planner, 174 trees x $300 6 Street Lights 20,000$ 22,000$ 5 lights x $4000/light 7 Buffer Monumentation -$ -$ N/A 8 Surface Improvements 204,344$ 255,429$ 125% 9 Water Main Improvements 102,487$ 128,109$ 125% 10 Sanitary Sewer Improvements 75,444$ 94,305$ 125% 11 Storm Sewer Improvements 209,278$ 261,598$ 125% Total 775,003$ 941,236$ No.Item Cost Estimated Construction Cost 591,553$ 1 Engineering Review Fees 10,000$ 2 Construction Monitoring Fees 29,578$ 3 Attorney Fees 2,000$ 4 5% City Administrative Fees 29,578$ 5 Street Light Energy Cost -$ 6 GIS Fees 2,400$ 7 Trail Fog Seal -$ 8 Seal Coating -$ Total 73,555$ No.Item Cost 1 Storm Sewer Trunk Charge 43,112$ 2 Sanitary Sewer Trunk Charge 6,751$ 3 Water Trunk Charge 40,820$ 4 Stormwater Ponding Fee -$ 5 Payment of assessments 102,068$ Total 192,751$ No.Item Cost 1 Park Dedication 114,000$ Total 114,000$ $6500/acre x 6.28 acres Developer responsible for sealcoating private streets Development Fees (due before signed plat is released) $2,850 per unit x 40 units Development Fees (due in full before first building permit is issued) Calculation Calculation $6865/net developable acre 6.28 acres $1075/acre x 6.28 acres N/A For Akron Ave, Connemara Tr, Addison Ave (Exhibit C) 5% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation City Engineer Estimation City Engineer Estimation Estimate 5% of Estimated Construction Cost Developer responsible for ongoing electricity and maintenance $60/unit x 40 units, or $120/acre N/A Block Lots Units Block Lot Units SQ FT Acres 1 1 40 1 1 1 5.630 Right-of-Way 0.650 Outlot A 13.470 Total Plat Area 19.750 Total 1 40 Total Plat Area =19.75 acres Total Park Area 0.00 acres Future Plat Area =13.47 acres Developable Area =6.28 acres * Ponding to HWL = 0.00 acres Net Developable Area =6.28 acres * Excludes future plat and park areas Prestwick Place Townhomes EXHIBIT B (Page 2 of 2) Totals Tract Owner Acre (Feasibility) Acre (Exhibit D) Acre (Developable Platted Area) Akron Avenue CR 42 Access Connemara Trail West of Akron Avenue Connemara Trail East of Akron Avenue Street 4 (Aldborough Ave) Street 8 (Albany Ave) Street 9-Pink (Ailesbury Ave) Street 9- Green (Ailesbury Ave) Street 14 (Abbeyfield Ave) Street 16 (Addison Ave) Street 17 Total Assessment 269.49 195.55 268.06 $96,751 $769,665 $2,094,892 $1,197,267 $94,553 $500,610 $151,938 $45,590 $556,463 $469,260 $415,860 $6,392,849 NOTE: Tract 2 - US Home Corporation is paying overhead in cash for Streets 4, 8 and 9 (green) with the Prestwick Place 7th subdivision agreement Tract Development Acre (Feasibility) Acre (Exhibit D) Acre* (Developable Platted Area) Akron Avenue CR 42 Access Connemara Trail West of Akron Avenue Connemara Trail East of Akron Avenue Street 4 Street 8 Street 9 (Pink) Street 9 (Green)Street 14 Street 16 Street 17 Total Assessment 0.00 0.00 19.75 $4,908 $0 $44,806 $136,740 $0 $0 $0 $0 $0 $134,540 $207,822 $528,816 $13,409 $32,181 $0 $0 $0 $0 $0 $0 $0 19.18 --- --- --- $0 $0 $0 $0 $0 $398,195 $0 $0 $0 $207,822 $0 $0 $0 $208,038 $0 $0 $224,523 $110,197 $332,977 $0$0 $0 $0 $0 $0 $37,984 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL $371,470 $0 $0 $0 $210,056 7B ARCON DEVELOPMENT INC.117.096 $32,678 $1,484,049 $0 16.22 117.13 7A ARCON DEVELOPMENT INC.16.217 $4,526 $205,531 $0 $0 $0 $598,187 $0 6 AKRON 42 LLC 29.513 $19,017 $988,674 5 US HOME CORPORATION 15.072 $3,746 $34,196 $104,362 $0 $1,516,728 $528,816 4B ARCON PEMTOM, LLC 7.912 $1,967 $17,951 $54,785 $0 $0 $299,226 $136,740 $0 $0 $134,540$04ADAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY 19.748 $4,908 $44,806--- $0 $460,540 $0$55,752 $607,417 2 US HOME CORPORATION 28.329 $7,041 $64,275 $196,157 $222,256 $0 $0 $223,486 $0 15.68 27.34 $38,801 Prestwick Place Cost Sharing 1 US HOME CORPORATION 15.458 $3,842 $35,072 $107,035 $278,354 $113,953 $822,182 3 AKRON 42 LLC 20.146 $19,026 $209,012 $0 $959,210 14.74 28.29 19.18 19.75 7.91 15.07 29.52 16.22 117.38 Tract 4A: DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY COST PER ACRE ------$249 $0 $2,269 $6,924 $0 $0 $0 $0 $0 $6,812 $10,523 $26,775 4A PRESTWICK PLACE TOWNHOMES ------6.28 $1,561 $0 $14,247 $43,480 $0 $0 $0 $0 $0 $42,780 $0 $102,068 $0 $0 $0 $0 $0 $91,760 $207,822 $426,748 TOTAL 4A FUTURE PLAT ------13.47 $3,348 $0 $30,559 $93,260 Prestwick Place Townhomes January / 2018 Page 11 of 11 G:\ENGPROJ\2017-06 Prestwick Place Townhomes\Subdivisionagreement 2017-06.docx ATTACHMENT ONE Prestwick Place Townhomes Final Plat