HomeMy WebLinkAbout6.g. Approval of Subdivision Agreement for JJT Business Park 2nd Addition and Dedication of Road and Drainage and Utility Easements for the extension of Boulder Avenue (Project Osprey)
EXECUTIVE SUMMARY
City Council Regular Meeting: September 7, 2021
AGENDA ITEM: Approval of Subdivision Agreement for
JJT Business Park 2nd Addition and
Dedication of Road and Drainage and
Utility Easements for the extension of
Boulder Avenue (Project Osprey)
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.g.
ATTACHMENTS: Subdivision Agreement; Resolution;
Easement Description; JJT Business
Park 2nd Addition Final Plat.
APPROVED BY: LJM
RECOMMENDED ACTION:
1. Motion to approve the subdivision agreement for the JJT Business Park 2nd Addition
Final Plat and authorize the Mayor and City Clerk to enter into this agreement.
2. Motion to adopt a resolution accepting the right-of-way easement for the extension
of Boulder Avenue
BACKGROUND
The Rosemount City Council approved at its meeting on August 17, 2021, the JJT Business Park 2nd
Addition final plat as part of a larger set of approvals to allow for the construction of a warehouse and
distribution center with outdoor storage in the Rosemount Business Park currently referred to as Project
Osprey. Normally a subdivision agreement is approved concurrently with a final plat, but at the time of
the meeting there were several issues that needed resolution before Council could act on the subdivision
agreement. The Council approved the final plat with the execution of a subdivision agreement listed as a
condition of approval. With the assistance of the City’s attorney, the subdivision agreement has since been
finalized and staff is recommending approval of the agreement and the authorization of the Mayor and
City Clerk to enter into the agreement.
Additionally, because the developer of Project Osprey is only providing half of the right of way needed for
the extension of Boulder Avenue, a dedication of right of way and drainage and utility easements for the
portion of the Boulder Avenue extension on the land being retained by the seller is required. Council
must take action to approve the dedication, which is included in the attachments. The City Attorney has
reviewed the dedication documents, and staff is recommending approval of this easement dedication.
RECOMMENDATION
Staff recommends approval of the subdivision agreement and the easement dedication necessary for the
construction of the Boulder Avenue extension.
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SUBDIVISION AGREEMENT
JJT Business Park 2nd Addition
AGREEMENT (“Agreement”) is dated this day of , 2021, by and
between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and Seefried PSO
Rosemount, a Delaware limited liability company, (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 JJT Business Park 2nd Addition, which land is legally described on
ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the
“Subject Property”). Development on the Subject Property is also known as “Project Osprey”
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. Execution of this 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, sidewalks streets
and utilities.
e. Provision of $193,710 for landscaping surety.
f. Payment of $332,250 for Fee-In-Lieu of Park Dedication.
g. Conveyance by limited warranty deed with associated title insurance to the City of Outlots A and
B shown on the Plat. Outlot B will be used by the City for the extension of Boulder Avenue.
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 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.
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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
(“Development Plans”). 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 Developer Installed Public Improvements
Plan E - Grading Plan
Plan F - Street Lights
Plan G - Landscape Improvements
There shall be two categories of improvements constructed on and around the Subject Property all of
which will eventually be public improvements.
The first category of improvements are those improvements to be constructed by the Developer
(“Developer Installed Public Improvements”), defined in Section 6. The Developer will design and
prepare plans and specifications for Developer Installed 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 Developer Installed Public Improvement plans and specifications. The City will perform all
construction inspection for the Developer Installed Public Improvements, at the Developer’s expense.
Construction inspection includes but is not limited to inspection, documentation, and monitoring. The
Developer will not be charged any fees (whether for construction, inspection, or otherwise) related to
the Developer Installed Public Improvements except as specifically itemized in this Agreement.
The second category of improvements are those defined as the City Installed Public Infrastructure
Improvements (“Public Improvements”) that lie within the public right of way or easements, defined
in Section 8.
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following Developer Installed Public Improvements in a manner consistent with the approved
Development Plans:
A. Surveying and staking
B. Surface improvements (paved streets, sidewalks, etc.)
C. Water main improvements
D. Sanitary sewer improvements
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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
Included in the Developer Installed Public Improvements is the extension of Boulder Avenue to the
entrance of the Subject Property but not beyond. As set forth elsewhere in this Agreement and other
documentation, the Developer shall not be responsible for Boulder Avenue beyond that entrance. The
City has covenanted that it will, at its expense, complete the connection of Boulder Avenue from the
terminus of the section being built by Developer, out to Trunk Highway 3, and that the Developer and
adjoining landowners shall not be assessed or charged in any way for such extension. The Developer
shall independently contract for the Developer Installed Public Improvements and shall not be
required to utilize a public bidding process, as the contracts will be private contracts.
7. Time of Performance. The Developer shall install all required Developer Installed Public
Improvements enumerated in Paragraph 6 that will serve the Subject Property by December 31,
2021, 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, 2022. 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 City Installed Public Infrastructure
Improvements (known as City Project 2021-11), shall be designed, inspected, surveyed and
administered by the City, and installed in the Subject Property at City expense by a Contractor selected
by the City through the public bidding process.
The City will complete Boulder Avenue from the terminus to be completed by Developer as
shown on the Development Plans. Such work shall be at City expense, within the Outlot being
deeded to the City by the Developer for road purposes, not later than 2022. The City and the
Developer are separately entering into written agreements concerning tax increment (“TIF”)
incentives. The TIF incentives are expected to provide up to $670,996.32 in incentives to
Developer, as more fully set forth in the written agreements concerning the TIF, in exchange
for Developer conveying to City the necessary right-of-way for such extension of Boulder
Avenue.
9. City Covenants. The City covenants as follows:
A. The City has available or will make available, without additional infrastructure cost, and will
provide to the Subject Property, water, sewer, and all other utilities generally provided to
developed properties in the City.
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B. The City confirms that the plans and specifications for Project Osprey have been approved by
the City, the proposed use of the Subject Property is consistent with current City zoning, the
planned unit development has been approved and is in place, and that the Developer has
received all necessary permits for Project Osprey as presented, including the sole needed
conditional use permit. No other permits not yet granted are required for Project Osprey to
proceed based on current plans as submitted to the City.
C. Neither Developer nor any adjoining landowner shall be assessed for the City portion of
Boulder Avenue or any other City actions or improvements related to the Subject Property or
Project Osprey, for a period as defined by the adjoining landowners’ easement agreement with
the City.
10. Security for Developer Installed Public Improvements. To guarantee compliance with the terms
of this Agreement, payment of the costs of all Developer Installed Public Improvements, and
construction of all Developer Installed Public Improvements (as noted in Paragraph 6), the Developer
shall furnish the City with a cash deposit, irrevocable letter of credit from a local bank or performance
bond (“Security”) in the amount of Two Million Five Hundred Forty Thousand Nine Hundred Eighty-
Six Dollars ($2,540,986). The amount of the security was calculated as follows:
Cost 110%
Grading and Erosion Control $232,015 $255,217
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $500 $550
Landscaping (587 trees) $176,100 $193,710
Street Lights (5 lights) $20,000 $22,000
Cost 125%
Surface Improvements $956,080 $1,195,100
Water Main Improvements $150,180 $187,725
Sanitary Sewer Improvements $76,715 $95,894
Storm Sewer Improvements $450,633 $563,291
TOTAL $2,087,223 $2,540,986
Refer to Exhibit A and Exhibit B for an explanation of each item.
The Security shall be subject to the approval of the City Administrator. The Security shall be
automatically renewable until the City releases the developer from responsibility. Any letter of credit or
performance bond shall secure compliance with all terms of this Agreement and all obligations of the
Developer under it. The City may draw down on the Security 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 Security and take such steps as it deems necessary to remedy the default. With City approval,
the Security may be reduced from time to time as financial obligations are paid and Developer Installed
Public 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
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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 Developer 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 inspections deemed appropriate by the City. Such license
shall terminate 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 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 the 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 30-foot opening
will be allowed on the 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 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 Security 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.
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 Security is noted in
Exhibit A.
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16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the Developer Installed 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 Developer Installed 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 during
construction and prior to issuance of final occupancy permits.
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 estimated City fees of $275,179 shall be
deposited with the City at the time this Agreement is signed, and represent the following
amounts:
$163,361 Engineering Fees (10% of construction estimate)
$3,000 Attorney Fees
$81,680 City Fees (5% of construction estimate)
$3,600 Street Light Energy Cost
$7,955 GIS Fees
$0 Trail Fog Seal
$15,583 Seal Coating
$275,179 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 upon
construction completion.
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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 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 Developer-installed street lights 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 public streets within the development at a cost
of $1.70/SY. The sealcoating will be completed by the City within three (3) years following wear
course placement.
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.
Notwithstanding any other provision in this Agreement to the contrary, Developer agrees that it will
not be able to submit a claim for extra work or for monetary damages (for delay or otherwise), or request
an extension of time to complete the work, for any reason arising out of or relating to: (1) the COVID-
19 pandemic; or (2) any national, state, or local declaration, resolution, or order relating to the COVID-
19 pandemic, unless such declaration, resolution or order prohibits work on the project. The contract
completion date shall be extended for the period of the required stoppage in work but without any claim
for delay damages.
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 Developer Installed Public 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.
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 $332,250
B. Storm Sewer Trunk Area Charges in the amount of $404,966 ($6,865/acre of developable
property as defined in the City of Rosemount Schedule of Rates and Fees for 2021)
C. Sanitary Sewer Trunk Area Charges in the amount of $71,262 ($1,075/acre)
D. Watermain Trunk Area Charges in the amount of $430,885 ($6,500/acre)
22. Service Charges.
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The Developer understands that it will be required to pay for the Subject Property fees, charges and
assessments in effect at the time of issuance of a building permit. 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 Commercial and Industrial $2,270/acre.
C. Sanitary Sewer Availability Charges per SAC unit as determined by MCES (currently at
$1,200/SAC unit).
D. Water Availability Charges per meter size (currently 1” - $9,900; 1-1/2” - $14,700; 2” - $19,600; 3” -
$29,450; 4” - $34,350; 6” - $39,250; 8” - $44,150).
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 in the
construction of Developer Installed 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 are in and approved by the City (excluding the
final wear course of bituminous), unless otherwise authorized in writing by the City Engineer.
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 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
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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.
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 Developer Installed
Public Improvements, the Developer assumes all liability and costs resulting in delays in
completion of Developer Installed Public Improvements and damage to Developer Installed
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
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.
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:
Jim Condon
Seefried Industrial Properties
333 Riverwood Parkway SE
Suite 200
Atlanta, GA 30339
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:
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City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
CITY OF ROSEMOUNT
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
BY:
William H. Droste, Mayor
BY:
Erin Fasbender, City Clerk
The foregoing instrument was acknowledged before me this day of , 2021,
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
Seefried PSO Rosemount, a Delaware limited liability company
BY:
______________________________
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2021
by________________________, its ________________________, of Seefried PSO Rosemount, a
Delaware limited liability company, on behalf of said company.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street
West Rosemount,
MN 55068
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EXHIBIT A
The following clarifies the various portions of the Security for Developer Installed Public 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 ($4,000 per light has been used to calculate
this cost).
JJT Business Park 2nd Addition
EXHIBIT B (Page 1 of 2)
No. Item Cost 110% Calculation
1 Grading and Erosion Control 232,015$ 255,217$ $3500/ac x 66.29 acres. Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 500$ 550$ $500/lot x 1 lots
4 Landscaping 176,100$ 193,710$ Per City Planner (587 trees x $300)
5 Street Lights 20,000$ 22,000$ $4000/light x 5 lights
6 Surface Improvements 956,080$ 1,195,100$ 125%
7 Water Main Improvements 150,180$ 187,725$ 125%
8 Sanitary Sewer Improvements 76,715$ 95,894$ 125%
9 Storm Sewer Improvements 450,633$ 563,291$ 125%
Total 2,087,223$ 2,540,986$
No. Item Cost
Estimated Construction Cost 1,633,608$
1 Engineering Fees 163,361$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 81,680$
4 Street Light Energy Cost 3,600$
5 GIS Fees 7,955$
6 Trail Fog Seal -$
7 Seal Coating 15,583$
Total 275,179$
No. Item Cost
1 Storm Sewer Trunk Charge 404,966$
2 Sanitary Sewer Trunk Charge 71,262$
3 Water Trunk Charge 430,885$
5 Park Dedication 332,250$
Total 1,239,363$
$6500/acre x 66.29 acres
$1.70/SY x 9,167 SY
Development Fees (due before signed plat is released)
Calculation
$6865/net developable acre x 58.99 acres
$1075/acre x 66.29 acres
10% of Estimated Construction Cost
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
Developer's Estimate
Estimate
5% of Estimated Construction Cost
5 lights x 24 months x $30/month
$120/acre x 66.29 acres
$0.30/SF x 0 SF
Block Lots Units Block Lot Units SQ FT Acres
1 1 1 1 1 1 2705495 62.110
Total 11
Total Plat Area = 66.290 acres
Total Park Area = 0.000 acres
Future Plat Area = 0.000 acres
Developable Area * = 66.290 acres
Ponding to HWL = 7.300 acres
Net Developable Area =58.990 acres
* Excludes future plat and park areas (all outlots)
Outlot A 57444 1.319
ROW 124649 2.862
Total Boundary 2887588 66.290
JJT Business Park 2nd Addition
EXHIBIT B (Page 2 of 2)
Totals
JJT Business Park 2nd Addition
August / 2021
G:\ENGPROJ\2021-11 Project Osprey\Subdivision Agreement\Subdivision Agreement 2021-11 Project Osprey - Rev 3..docx
ATTACHMENT ONE
JJT Business Park
2nd Addition Final
Plat
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021 - 71
A RESOLUTION ACCEPTING RIGHT-OF-WAY
EASEMENT FOR EXTENSION AT BOULDER AVENUE
WHEREAS, in conjunction with the development at the final plat for JJT Business Park 2nd
Addition, Boulder Avenue will be extended southerly to State Trunk Highway No. 3; and;
WHEREAS, the Pahl Family Limited Partnership has agreed to grant an easement to the City (the
form of the easement agreement is attached hereto), as necessary to complete the extension.
NOW THEREFORE BE IT RESOLVED, that the City accepts the easement from the Pahl
Family Limited Partnership, as attached hereto, and agrees to the terms and conditions contained
therein.
ADOPTED this 7th day of September 2021 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
P a g e | 1 of 12 Right-of-Way, Drainage and Utility Easement Agreement
This instrument was drafted by:
Tiede Grabarski, PLLC
4770 White Bear Parkway
White Bear Lake, MN 55110
Recording requested by, and when
Recorded send copy to:
Seefried Industrial Properties, Inc.
8745 W. Higgins Road, Suite 220
Chicago, IL 60631
Attn: David D. Riefe
(Top 3 inches reserved for recording data)
Right-of-Way, Drainage and Utility Easement Agreement
Limited Partnership to Municipal Corporation
This Right-of-Way, Drainage and Utility Easement Agreement (“Agreement”) is made this ____
day of September 2021, between the Pahl Family Limited Partnership, a Minnesota limited partnership
(“GRANTOR”), with a mailing address of 6885 160th Street, Apple Valley, MN 55124, and the City of
Rosemount, Minnesota, a Minnesota municipal corporation (“GRANTEE”), with its offices located at 2875
145th Street West, Rosemount, MN 55068-4997.
The easement described herein is for the benefit of GRANTEE, its successors and assigns.
GRANTOR’s real property (“GRANTOR’s Property”) is situated in Dakota County, Minnesota,
having Tax Identification Numbers (“Tax IDs”): 34-03210-15-020, 34-03210-75-015, and 34-03210-09-010,
and is legally described as:
The South Half (S 1/2) of the Northeast Quarter (NE 1/4) AND the North Half (N 1/2) of the Southeast
Quarter (SE 1/4), all in Section Thirty-two (32), Township One Hundred Fifteen (115), Range Nineteen
(19), Dakota County, Minnesota.
The South Thirteen (13) feet of the East 525 feet of the North Half (N 1/2) of the Northeast Quarter (NE
1/4) of Section Thirty-two (32), Township One Hundred Fifteen (115), Range Nineteen (19), Dakota
County, Minnesota.
EXCEPTING THEREFROM THE FOLLOWING FOUR PARCELS:
1) The South 466.69 feet of the East 466.69 feet of the North Half (N 1/2) of the Southeast Quarter (SE
1/4) of said Section 32.
P a g e | 2 of 12 Right-of-Way, Drainage and Utility Easement Agreement
2) The North 466.69 feet of the East 466.69 feet of the North Half (N 1/2) of the Southeast Quarter (SE
1/4) of said Section 32. Said 466.69 feet being measured along or parallel with the North and East lines
of said North Half (N 1/2) of the Southeast Quarter (SE 1/4).
3) The East 466.69 feet of the North Half (N 1/2) of the Southeast Quarter (SE 1/4) of Section Thirty -two
(32), Township One Hundred Fifteen (115), Range Nineteen (19), EXCEPT the North 466.69 feet thereof
and EXCEPT the South 466.69 feet thereof.
4) Outlot B, JJT Business Park First Addition.
(Abstract Property)
For good and valuable consideration, as set forth below, GRANTOR does hereby grant and convey
to GRANTEE an non-exclusive, perpetual easement for right-of-way, drainage and utility purposes over,
under, across, along, in and upon that part of the North Half of the Southeast Quarter of Section 32,
Township 115 North, Range 19 West, Dakota County Minnesota and that part of the South Half of the
Northeast Quarter of Section 32, Township 115 North, Range 19 West, Dakota County Minnesota,
described as follows:
Beginning at the northwest corner of the North Half of the Southeast Quarter of Section 32, Tow nship
115 North, Range 19 West, Dakota County Minnesota; thence North 89 degrees 27 minutes 46 seconds
East, assumed bearing, along the north line of said North Half of the Southeast Quarter, a distance of
40.00 feet to the intersection with a line parallel with and distant 40.00 feet easterly of the west line of
said North Half of the Southeast Quarter; thence South 00 degrees 20 minutes 03 seconds West, along
said parallel line, a distance of 872.77 feet; thence 189.26 feet southwesterly along a tangentia l curve
concave to the west, having a radius of 440.90 feet and a central angle of 24 degrees 35 minutes 40
seconds to said west line; thence North 00 degrees 20 minutes 03 seconds East, not tangent to last
described curve, along said west line, a distance of 1055.66 feet to the point of beginning.
AND
The West 40 feet of the South Half of the Northeast Quarter of Section 32, Township 115 North, Range
19 West, Dakota County Minnesota, lying southerly of Outlot B, JJT BUSINESS PARK FIRST ADDITION.
The grant and acceptance of the easement includes the following consideration and covenants by
GRANTEE, which GRANTEE shall faithfully and fully observe and perform:
1. No Assessment
In consideration for the grant of easement, GRANTEE covenants that, for a period of ten (10) years from
the date of this Agreement or until GRANTOR no longer owns GRANTOR’s Property, GRANTEE shall not
assess, and there shall be no assessment made against, any of the GRANTOR’s Property for or related to
the establishment, installation, use or maintenance of the easement or improvements therein for right-
of-way (including, without limitation, the roadway for Boulder Avenue), drainage or utility purposes for
which the easement is included as a portion thereof. For purposes of clarity, GRANTEE acknowledges and
agrees that this covenant of no assessment includes the covenant that GRANTEE also will not defer any
such assessment for or related to such establishment, installation, use or maintenance within said time
period to after the expiration of this covenant.
P a g e | 3 of 12 Right-of-Way, Drainage and Utility Easement Agreement
2. Use & Maintenance
As further consideration for the grant of this easement, GRANTEE, its successors and assigns, shall pay
and be responsible for all costs and expenses related to use and maintenance of the easement. GRANTOR,
its successors and assigns, shall not be liable for, nor shall any assessment or lien be placed against
GRANTOR’s Property for any costs or expenses related to the use and maintenance of the easement, or
the right-of-way for which the easement is included as a portion thereof. If GRANTOR reasonably incurs
costs in order to enforce any provision of this Agreement, the GRANTOR shall be reimbursed by the
GRANTEE for all reasonable costs so incurred, including reasonable attorneys' fees and costs.
3. Recording
This easement is effective upon acceptance and recording by the Dakota County Recorder’s Office.
[Signature Pages Follow]
P a g e | 4 of 12 Right-of-Way, Drainage and Utility Easement Agreement
PAHL FAMILY LIMITED PARTNERSHIP, a
Minnesota limited partnership
By Its General Partners:
DATED: _______________________
Joanne Pahl Living Trust, dated June 17, 1996
By: _________________________________
Name: Joanne Pahl
Its: Trustee
Wayne J. Pahl Family Trust
By: _________________________________
Name: Joanne Pahl
Its: Trustee
By:__________________________________
Name: Gary J. Pahl
Its: Trustee
By:__________________________________
Name: Brian W. Pahl
Its: Trustee
By:__________________________________
Name: Lynn M. Joyce
Its: Trustee
By:__________________________________
Name: Wendy Pahl Schaffer f/k/a Wendy M.
Schaffer
Its: Trustee
P a g e | 5 of 12 Right-of-Way, Drainage and Utility Easement Agreement
STATE OF MINNESOTA )
) SS.
COUNTY OF ___________ )
This instrument was acknowledged before me on this _____ day of ________________ 2021 by Joanne
Pahl, Trustee of the Joanne Pahl Living Trust, dated June 17, 1996, as general partner of the Pahl Family
Limited Partnership, a Minnesota limited partnership.
________________________________
Notary Public
P a g e | 6 of 12 Right-of-Way, Drainage and Utility Easement Agreement
STATE OF MINNESOTA )
) SS.
COUNTY OF ___________ )
This instrument was acknowledged before me on this _____ day of ________________ 2021 by Joanne
Pahl, Trustee of the Wayne J. Pahl Family Trust, as general partner of the Pahl Family Limited
Partnership, a Minnesota limited partnership.
________________________________
Notary Public
P a g e | 7 of 12 Right-of-Way, Drainage and Utility Easement Agreement
STATE OF MINNESOTA )
) SS.
COUNTY OF ___________ )
This instrument was acknowledged before me on this _____ day of ________________ 2021 by Gary J.
Pahl, Trustee of the Wayne J. Pahl Family Trust, as general Partner of the Pahl Family Limited
Partnership, a Minnesota limited partnership.
________________________________
Notary Public
P a g e | 8 of 12 Right-of-Way, Drainage and Utility Easement Agreement
STATE OF MINNESOTA )
) SS.
COUNTY OF ___________ )
This instrument was acknowledged before me on this _____ day of ________________ 2021 by Brian
W. Pahl, Trustee of the Wayne J. Pahl Family Trust, as general Partner of the Pahl Family Limited
Partnership, a Minnesota limited partnership.
________________________________
Notary Public
P a g e | 9 of 12 Right-of-Way, Drainage and Utility Easement Agreement
STATE OF MINNESOTA )
) SS.
COUNTY OF ___________ )
This instrument was acknowledged before me on this _____ day of ________________ 2021 by Lynn
M. Joyce, Trustee of the Wayne J. Pahl Family Trust, as general Partner of the Pahl Family Limited
Partnership, a Minnesota limited partnership.
________________________________
Notary Public
P a g e | 10 of 12 Right-of-Way, Drainage and Utility Easement Agreement
STATE OF MINNESOTA )
) SS.
COUNTY OF ___________ )
This instrument was acknowledged before me on this _____ day of ________________ 2021 by Wendy
Pahl Schaffer f/k/a Wendy M. Schaffer, Trustee of the Wayne J. Pahl Family Trust, as general Partner of
the Pahl Family Limited Partnership, a Minnesota limited partnership.
________________________________
Notary Public
P a g e | 11 of 12 Right-of-Way, Drainage and Utility Easement Agreement
DATED: _____________________________
DATED: _____________________________
CITY OF ROSEMOUNT
By:______________________________
Name: Bill Droste
Its: Mayor
By:______________________________
Name: Logan Martin
Its: City Administrator
Reviewed and Approved by the City Attorney:
_______________________________________
Mary Tietjen, City Attorney
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
This instrument was acknowledged before me on this ______ day of _______________ 2021 by Bill
Droste and Logan Martin, the Mayor and City Manager of the City of Rosemount, Minnesota, under
the laws of the State of Minnesota, on behalf of the City of Rosemount.
________________________________________
Notary Public
P a g e | 12 of 12 Right-of-Way, Drainage and Utility Easement Agreement
Consented to and joined in by Frontier Savings Bank, the holder of that certain Real Estate
Mortgage dated September 9, 2019, recorded September 27, 2019, as Document No.
3328859, executed by Pahl Family Limited Partnership, a Minnesota Limited Partnership , in
the amount of $1,000,000.00.
FRONTIER SAVINGS BANK
By: _______________________________
Name: ____________________________
Its: _______________________________
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on this ______ day of _______________ 2021 by
_________________, the _______________ of Frontier Savings Bank, a ___________, on behalf of the
_________________.
________________________________________
Notary Public