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HomeMy WebLinkAbout6.k. Approve Amended Subdivision Development Agreement for Prestwick Place 17th AdditionI:\City Clerk\Agenda Items\Approved Items\6.k. Approve Amended Subdivision Development Agreement for Prestwick Place 17th Addition.docx EXECUTIVE SUMMARY City Council Regular Meeting: April 16, 2019 AGENDA ITEM: Approve Amended Subdivision Development Agreement for Prestwick Place 17th Addition AGENDA SECTION: Consent PREPARED BY: Stephanie Smith, PE (MN), Assistant City Engineer AGENDA NO. 6.k. ATTACHMENTS: Resolution APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve resolution amending of the Subdivision Development Agreement for Prestwick Place 17th Addition and authorizing the Mayor and City Clerk to enter into this agreement. BACKGROUND At the March 19, 2019 meeting, the City Council approved the Preliminary & Final Plat, Zoning Ordinance, PUD and Subdivision Development Agreement for Prestwick Place 17th to construct a 50-unit townhouse development. The subject property is separate from, but adjacent to, a larger 290 acre mixed use development approved by the City in 2007 on the northwest and northeast corners of County Road 42 and Akron Avenue. The site was platted as an outlot of the larger Prestwick Place Planned Unit Development. These medium density neighborhoods included the property to the south, and some properties west of Akron Avenue which has since been re-guided and developed as single family. Development of the site will take place in two phases. With this development, Addison Avenue will be extended to the eastern boundary of the site. The City Council is being asked to consider a request from U.S. Home Corporation (Lennar) to amend the Subdivision Development Agreement to include an updated estimate for the City’s construction of the western portion of Addison Avenue, CP 2018-06, to include the construction of sidewalk on the north side of Addison Avenue to comply the conditions of plat approval for Prestwick 17th Addition. The development fees are also updated for the construction. The approved agreement requires City Council’s approval by written resolution for amending the agreement. RECOMMENDATION Staff recommends Council approve the resolution to amend the Subdivision Development Agreement for Prestwick Place 17th. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 – 34 A RESOLUTION APPROVING AMENDMENT TO THE SUBDIVISION DEVELOPMENT AGREEMENT FOR PRESTWICK PLACE 17TH ADDITION WHEREAS, the City Council approved the Preliminary & Final Plat, Zoning Ordinance, PUD and Subdivision Development Agreement for Prestwick Place 17th Addition, and; WHEREAS, the City Council approved the Subdivision Development Agreement for Prestwick Place 17th Addition on March 19, 2019, and; WHEREAS, the applicant, U.S. Home Corporation, has requested amendment to the Subdivision Development Agreement, and; WHEREAS, the amended Subdivision Development Agreement is attached as Exhibit A. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, the attached, amended subdivision development agreement for Prestwick Place 17th is approved with amendment, and the mayor and city clerk are authorized to enter into this agreement. ADOPTED this 16th day of April, 2019. William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx SUBDIVISION AGREEMENT Prestwick Place 17th Addition AGREEMENT dated this ________ day of ________________________, 2019, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and US HOME CORPORATION, a Delaware corporation, (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 17th Addition, 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 infrastructure and including grading, erosion control, streets and utilities. b.Conformance with all requirements of the Parks and Recreation Director as detailed in the memorandum dated February 21, 2019. c.Approval of a Planned Unit Development Master Development Plan rezoning the subject property. d.The applicant shall appropriately sign the intersection a “No Left Turn” or modify the access location such that staff approves a full access from Addison Avenue, and the end of Street 1 shall be signed “No Parking” prior to issuance of a Certificate of Occupancy. e.The applicant shall dedicate Outlot H to the City. f.Execution of a Subdivision or Development Agreement to secure the public and private improvements. g.Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. h. Provide security for the installation of improvements. i.Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. j.Payment for the Developer’s share of Akron Avenue, Connemara Trail and Addison Avenue improvements, as indicated on ATTACHMENT TWO. 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 EXHIBIT A Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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 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 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 Public Improvements) will be designed by the Developer and must be approved by the City Engineer. The Developer will prepare plans and specifications for Public Improvements which shall be approved by the City Engineer. Such approvals shall not be unreasonably withheld and the City shall approve or provide Developer with necessary revision comments within 30 calendar days of Developer submittal of Public Improvement plans and specifications. The City will perform all construction inspection for the Public Improvements, at the Developer’s expense. Construction inspection includes but is not limited to inspection, documentation, and monitoring. 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, including the extension of water main along Akron Avenue to serve the subject property D. Sanitary sewer improvements, including the extension of sanitary sewer main along Akron Avenue to serve the subject property E. Storm sewer improvements Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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 7.Time of Performance. The Developer shall install all required improvements, excepting the wear course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31, 2019, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer’s reasonable control. The pavement wear course shall be completed by December 31, 2020. 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 2019-06), 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 ninety thousand, two hundred fifty-five dollars ($990,255). 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 $13,000 $14,300 Landscaping (53 trees) $15,900 $17,490 Street Lighting (2 lights) $8,000 $8,800 Buffer Monumentation (8 signs) $400 $440 Cost 125% Surface Improvements $326,802 $408,502 Water Main Improvements $134,190 $167,738 Sanitary Sewer Improvements $130,470 $163,088 Storm Sewer Improvements $123,919 $154,898 Total $802,680 $990,255 Refer to Exhibit A and Exhibit B for an explanation of each item. Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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 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 single-family 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. Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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. Costs for City inspection of onsite erosion and sediment control shall be at the Developer’s expense. After a 24- hour verbal or written 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 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. 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 for 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, review 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 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 remaining estimated City fees of $126,197 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx $10,000 Engineering Review Fees $71,538 Construction Monitoring Fees (10%) $3,000 Attorney Fees $35,769 5% City Fees (based on developer’s estimate of $715,380) $1,440 Street Light Energy Cost $1,560 GIS Fees $2,890 Seal Coating $126,197 Total Amount Due If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) business 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. C.The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) business 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. D.The Developer shall pay all energy costs for street lights installed within the Subject Property for 24-months at a cost of $30/month/light. After that, the City will assume the energy costs. E.The Developer will pay the cost of sealcoating the streets within the development at a cost of $1.70/SY. The sealcoating will be completed within three (3) years following wear course placement. F.The Developer will pay the cost of fog sealing the trails within the development at a cost of $0.20/SF. The fog sealing will be completed within three (3) years following trail installation. 19.Indemnification. The Developer shall hold the City and its officers, agents 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 intentional acts or gross negligence of the City, it’s agents, employees or contractors. The Developer shall indemnify the City and its officers, agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. 20.Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $2,000,000 for any number of claims arising out of a single occurrence, and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 21.Park and Utility Fees. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of execution of this agreement by the City: A.Park dedication fees in the amount of $74,100.00 B.Storm Sewer Trunk Area Charges in the amount of $27,397.67 C.Sanitary Sewer Trunk Area Charges in the amount of $5,528.64 D.Watermain Trunk Area Charges in the amount of $33,428.99 E.Developer share of Akron Avenue improvements in the amount of $1,278.00 F.Developer share of Connemara Trail West improvements in the amount of $11,665.00 G.Developer share of Connemara Trail East improvements in the amount of $35,600.00 H.Developer share of Addison Avenue improvements in the amount of $116,911.00 Or other amounts for such fees as in effect at the time of plat approval. 22.Service Charges. 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 $2,425/SAC unit for single family residential and multi-family residential). 23.Building Permits. No occupancy permits shall be issued until: A.The site grading is completed and approved by the City. B.All public 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 without prior authorization from the City Building Official. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in the construction of Public Improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City (excluding the final wear course of bituminous), unless otherwise authorized in writing by the City Engineer. Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 24. 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. 25. 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. 26. 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. 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 Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public 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 Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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. J. The Developer acknowledges that the City may issue additional requirements outside of the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updating these documents. The review process may require additional time and expense due to this process, which shall be the Developer’s responsibility. The Developer shall not be billed for the time required for the City to update and approve their revisions to the 2015 General Specifications and Standard Details Plates for Street and Utility Construction or the 2008 Engineering Guidelines. 27. 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: MN Land Division U.S. Home Corporation 16305 36th Avenue North, Suite 600 Plymouth, MN 55446 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 [Remainder of page intentionally left blank.] Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.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 _____________________, 2019, 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 US HOME CORPORATION BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2019 by ____________________________, its __________________________, of US Home Corporation, a Delaware corporation, on behalf of said company. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.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. 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). 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 ($20,000 per acre of mitigation). Prestwick Place 17th EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 25,000$ 27,500$ $3500/ac x 5.14 ac Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 13,000$ 14,300$ $500/lot x 26 lots 4 Landscaping 15,900$ 17,490$ Per City Planner, 53 trees x $300 5 Street Lights 8,000$ 8,800$ 2 lights x $4000/light 6 Buffer Monumentation 400$ 440$ 8 signs x $50/sign 7 Surface Improvements 326,802$ 408,502$ 125% 8 Water Main Improvements 134,190$ 167,738$ 125% 9 Sanitary Sewer Improvements 130,470$ 163,088$ 125% 10 Storm Sewer Improvements 123,919$ 154,898$ 125% Total 802,680$ 990,255$ No.Item Cost Estimated Construction Cost 715,380$ 1 Engineering Review Fees 10,000$ 2 Construction Monitoring Fees 71,538$ 3 Attorney Fees 3,000$ 4 5% City Administrative Fees 35,769$ 5 Street Light Energy Cost 1,440$ 6 GIS Fees 1,560$ 7 Trail Fog Seal -$ 8 Seal Coating 2,890$ Total 126,197$ No.Item Cost 1 Storm Sewer Trunk Charge 27,397.67$ 2 Sanitary Sewer Trunk Charge 5,528.64$ 3 Water Trunk Charge 33,428.99$ 4 Park Dedication 74,100.00$ 5 Akron Avenue Assessment 1,278.00$ 6 Connemara Trail West 11,665.00$ 7 Connemara Trail East 35,600.00$ 8 Addison Avenue 116,911.00$ Total 305,909.30$ $6500/acre x 5.14 acres $1.70/SY x (510 LF x 30')/9 Development Fees (due with signed agreement) See Attachment Two Calculation $6865/net developable acre 3.99 acres $1075/acre x 5.14 acres 26 units x $2,850 per lot 10% 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 2 lights x 24 months x $30/month $60/unit x 26 units N/A Block Lots Units Block Lot Units SQ FT Acres 1 6 6 1 1 1 2100.000 0.048 2 4 4 1 2 1 1750.000 0.040 3 4 4 1 3 1 1750.000 0.040 4 4 4 1 4 1 1750.000 0.040 5 4 4 1 5 1 1750.000 0.040 6 4 4 1 6 1 2100.000 0.048 Total 26 26 2 1 1 2100.000 0.048 2 2 1 1450.000 0.033 Total Plat Area =7.91 acres 2 3 1 1450.000 0.033 Total Park Area 0.00 acres 2 4 1 2100.000 0.048 Future Plat Area =2.77 acres 3 1 1 2100.000 0.048 Developable Area =5.14 acres *3 2 1 1750.000 0.040 Ponding to HWL = 1.15 acres 3 3 1 1750.000 0.040 Net Developable Area =3.99 acres 3 4 1 2100.000 0.048 4 1 1 2160.000 0.050 * Excludes future plat and park areas 4 2 1 1800.000 0.041 4 3 1 1800.000 0.041 4 4 1 2160.000 0.050 5 1 1 2190.000 0.050 5 2 1 1825.000 0.042 5 3 1 1825.000 0.042 5 4 1 2190.000 0.050 6 1 1 2100.000 0.048 6 2 1 1750.000 0.040 6 3 1 1750.000 0.040 6 4 1 2100.000 0.048 Right-of-Way 31627.041 0.726 Outlot A 21308.027 0.489 Outlot B 11344.880 0.260 Outlot C 6085.999 0.140 Outlot D 15534.160 0.357 Outlot E 12170.355 0.279 Outlot F 9731.227 0.223 Outlot G 6511.465 0.149 Outlot H 56142.491 1.289 Outlot I 120609.304 2.769 Total Boundary 344634.949 7.912 Prestwick Place 17th EXHIBIT B (Page 2 of 2) Totals Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx ATTACHMENT ONE Prestwick Place 17th Addition Final Plat Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx ATTACHMENT TWO Prestwick Place Cost Sharing Agreement Tabulation Tract OwnerAcre (Feasibility)Acre (Exhibit D)Acre (Developable Platted Area)Akron Avenue CR 42 AccessConnemara Trail West of Akron AvenueConnemara Trail East of Akron AvenueStreet 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 (Adalyn Ave)Total Assessment269.49 195.55 268.06 $96,751 $769,665 $2,094,892 $1,197,267 $94,553 $500,610 $151,938 $45,590 $556,463 $382,036 $415,860 $6,305,625NOTE: Tract 2 - US Home Corporation is paying overhead in cash for Streets 4, 8 and 9 (green) with the Prestwick Place 7th subdivision agreementTract DevelopmentAcre (Feasibility)Acre (Exhibit D)Acre (Developable Platted Area)Akron Avenue CR 42 AccessConnemara Trail West of Akron AvenueConnemara Trail East of Akron AvenueStreet 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 (Adalyn Ave)Total Assessment0.00 0.00 7.91 $1,967 $0 $17,951 $54,785 $0 $0 $0 $0 $0 $179,916 $0 $254,61914.7428.2919.1819.757.9115.0729.5216.22117.38Prestwick Place Cost Sharing1US HOME CORPORATION 15.458 $3,842 $35,072 $107,035 $278,354 $113,953$822,1823AKRON 42 LLC 20.146 $19,026 $209,012 $0$959,210$0$55,752$607,4172US HOME CORPORATION 28.329 $7,041 $64,275 $196,157 $222,256$0 $0$223,486 $015.6827.34$38,801$1,516,728$596,3964BUS HOME CORPORATION 7.912 $1,967 $17,951 $54,785 $0 $0 $254,618$136,740 $0 $0 $202,120$04ADAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY19.748 $4,908 $44,806---$0$350,3436AKRON 42 LLC 29.513 $19,017$988,6745US HOME CORPORATION 15.072 $3,746 $34,196 $104,362 $0TOTAL$371,470$0$0$0 $210,0567BARCON DEVELOPMENT INC. 117.096 $32,678 $1,484,049 $016.22117.137AARCON DEVELOPMENT INC. 16.217 $4,526 $205,531 $0 $0$0 $598,187$0$0$0$0 $0 $0$37,984 $0$0$0$0 $0$0 $0 $0$0 $0$0$0 $019.18---------$0$0 $0$0$0$398,195$0$0$0$207,822$0 $0$0 $208,038$0 $0$179,916$0$332,977 $0$13,409$32,181$0$0$0$0$0$0$0Tract 4B: US HOME CORPORATION$22,745 $0 $32,1894BPRESTWICK PLACE 17TH ADDITION --- --- 5.14 $1,278 $0 $11,665 $35,600 $0$0 $0 $0 $0 $116,911 $0 $165,454$0 $0 $0 $0 $0 $63,005 $0 $89,165TOTAL4BFUTURE PLAT --- --- 2.77 $689 $0 $6,286 $19,185$6,926$2,269$0$249------COST PER ACRE