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HomeMy WebLinkAbout6.j. Request by D.R. Horton for Final Plat Approval of Caramore Crossing 3rd Addition EXECUTIVE SUMMARY Regular City Council Meeting: April 19, 2022 AGENDA ITEM: Request by D.R. Horton for Final Plat AGENDA SECTION: rd Approval of Caramore Crossing 3 Consent Addition PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.j. ATTACHMENTS: Resolution; Subdivision Agreement; Location Map; Final Plat; Construction Plans; Engineers Review Memo dated APPROVED BY: LJM March 22, 2022; Parks and Recreation Memo dated March 23, 2022 RECOMMENDED ACTION: The Planning Commission and Staff recommend the City Council adopt the following motions: rd 1. Motion to adopt a resolution approving the Final Plat for Caramore Crossing 3 Addition, subject to conditions. 2. Motion to approve the subdivision agreement between the City of Rosemount and rd D.R. Horton to construct Caramore Crossing 3 Addition. SUMMARY Applicant: D.R. Horton Location: West of Akron Avenue, north of Bonaire Path West, and east of Bella Vista (1283 Bonaire Path West) Gross Area: 75.482 Acres Net Area: Approximately 22 Acres Proposed Lots: 51 Lots Net Density: 2.2 Units/Acre Existing Comp Plan Designation: LDR – Low Density Residential Existing Zoning: R-1-PUD Low Density Residential with the Caramore Crossing Planned Unit Development (R-1: PUD) The City Council is being asked to consider an application from D.R. Horton for a Final Plat for rd Caramore Crossing 3 Addition to allow the subdivision of 51 single-family residential lots. The final plat is necessary to facilitate subdivision of the property into individual residential lots, outlots, and public streets. Staff finds the application consistent with the Caramore Crossing Preliminary Plat and recommends approval of this application subject to the conditions listed in the recommended action. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at its meeting on March 29, 2022. The Commission voted unanimously, as part of its consent agenda, to recommend the City Council approve the request. BACKGROUND The Planning Commission recommended approval of a Preliminary Plat and Planned Unit Development (PUD) to allow 177 lots on 75 acres at its February 26, 2019 meeting. The City Council approved the th Preliminary Plat and PUD at its March 19, 2019 meeting. Caramore Crossing was originally a part of an approximately 160-acre parcel located in the northwest quadrant of the intersection of Akron Ave and Bonaire Path. Following the approval of the Preliminary Plat and Planned Unit Development Plan, the applicant platted that parcel into two outlots to facilitates the applicant’s acquisition of the portion containing Caramore Crossing. As a condition of the approval, easements were granted for the construction of Autumn Avenue on the western boundary of the McMenomy property, which connects with the Bella Vista subdivision. st The first phase of development, Caramore Crossing 1 Addition, was located in the southern portion of st Caramore Crossing. The 1 Addition final plat contained just under half (82) of the overall total lots to be developed in Caramore Crossing, including the association-maintained detached townhomes, referred to as Freedom Homes by the applicant, on the southeast portion of the overall development area. The second nd phase of development was Caramore Crossing 2 Addition, which contained 44 residential lots. In addition to those lots the final plat contained outlots for stormwater infrastructure, a future regional trail, and street development. The second phase was approved by the City Council in April 2021. Along with the second phase, the Dakota County Plat Commission reviewed and approved the final plat of Caramore nd Crossing 2 Addition. This third and final phase of Caramore Crossing will contain 51single-family residential lots and will make up the most western part of the original 75-acre parcel. Along with the single-family lots there are two outlots shown on the final plat. Outlot A consists of storm water management facilities and Outlot B is designated to become a park. Many of the streets within Caramore Crossing have been constructed over rd the last two phases. This 3 Addition consists of four local residential streets. These streets include Aulden Avenue, Applewood Trail, Applewood Court and a fourth loop street named Avery Way. ISSUE ANALYSIS Legal Authority The final plat application is Quasi-Judicial because the City has a set of standards and requirements for reviewing this type of application that is described in detail below. Generally, if the final plat meets the ordinance requirements it must be approved. Land Use and Zoning The subject property is guided LDR-Low Density Residential and zoned R1 PUD – Low Density Residential Planned Unit Development. Therefore, the subject property is subject to all the standards of the R1-Low Density Residential as well as the standards contained within the PUD. The Caramore Crossing PUD contained several deviations from the base R1 zoning; the most notable include the following: 1. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area of interior lots shall be 7,500 square feet. The minimum lot area of corner lots shall be 9,500 square feet. 2. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width of interior lots shall be 55 feet. The minimum lot width of corner lots shall be 70 feet. 3. Section 11-4-5 F. 4. R-1 Minimum Front Yard Setback: The minimum front yard setback shall be 25 feet. 4. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be 7.5 feet except in areas where existence of larger drainage and utility easements require additional setbacks. 5. Section 11-4-5 F.9. R-1 Minimum Lot Coverage: The maximum lot coverage shall be fifty percent (50%) for lots less than 8,250 square feet in area, forty percent (40%) for lots between 8,250 square feet and 9,750 square feet in area, and thirty-five percent (35%) for lots over 9,750 square feet in area. 2 6. Section 11-2-15 F. Single-Family Detached Dwelling Requirements: The lots specified as “Freedom Lots” shall not be required to include certificates of survey providing for the location of an attached third garage stall, whether or not construction is intended. The final plat is consistent with the preliminary plat that was approved in 2019. Many of the other standards are addressed at the building permit stage when an individual site survey is reviewed by the City. Final Plat Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City Code. This section of the Code outlines the two-step Preliminary and Final Plat process for land subdivision. In this case, the Caramore Crossing preliminary plat was approved on February 26, 2019 consisting of 177 single- family lots. The current application proposes to plat 51single-family lots for the third phase of Caramore Crossing as well as various outlots. Staff finds the final plat is consistent with the preliminary plat and meets the requirements of the zoning ordinance. Parks and Open Space The developer is pursuing a combination of land dedication and fee in lieu of dedication. With the first addition $278,800 of fee in lieu of land was paid with the development of first 82 lots within the subdivision. For the second addition, the City requested the developer pay the remaining balance of rd $93,500 with the final plat because the land dedication would not happen until the 3 addition of subdivision. The total amount to be paid was $372,300, which had been paid with the first two additions rd of Caramore Crossing. The developer will owe nothing with this 3 phase but will need to include the dedication for the City’s park land. Staff is recommending that Outlot B, which is designated for a park, must be deeded to the City Engineering The City Engineer has provided a review memorandum for the proposed final plat. Some of the comments listed in the memorandum include:  The development is responsible for a pro-rated share of the cost associated with the improvement of Akron Avenue. The amount due for this addition is $82,632.76.  Outlot A consists of storm water management facilities and this outlot shall be deeded to the City for ownership and maintenance of the storm water ponding and infiltration areas. A drainage and utility easement shall be placed over Outlot A as well.  An expanded drainage and utility easement to accommodate the proposed storm sewer is required in the southwest corner of Lot 11, Block 5.  Fences are permitted but must include a gate for maintenance access and trees are not allowed within the drainage and utility easements over storm sewer pipe or pond maintenance access locations. RECOMMENDATION rd The Planning Commission and Staff recommends approval of the Final Plat for Caramore Crossing 3 Addition creating 51 single-family lots. This recommendation is based on the information submitted by the applicant, findings made in this report, and the conditions detailed in the attached memorandums. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-46 A RESOLUTION APPROVING THE FINAL PLAT FOR CARAMORE CROSSING 3rd ADDITION WHEREAS, D.R. Horton, 20860 Kenbridge Court, Suite 100, Lakeville, MN, (Applicant) has submitted an application to the City of Rosemount for a Plat concerning property legally described as follows: Outlot B, CARAMORE CROSSING 2nd ADDITION, Dakota County, Minnesota WHEREAS, on March 29, 2022, the Planning Commission of the City of Rosemount reviewed the Final Plat for Caramore Crossing 3rd Addition; and WHEREAS, on March 29, 2022, the Planning Commission recommended approval of the Final Plat for Caramore Crossing 3rd Addition, subject to conditions; and WHEREAS, on April 19, 2022, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations and the Final Plat for Caramore Crossing 3rd Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Caramore Crossing 3rd Addition, subject to the following conditions: 1.Execution of a Subdivision Agreement. 2.Adherence with conditions of the Preliminary Plat, Master Development Plan, Caramore Crossing 1st Addition and Caramore Crossing 2nd Addition Final Plat approvals. 3.Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. 4.Drainage and utility easement with storm sewer infrastructure, except ponding or infiltration areas, may contain fences, but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede draining. 5.Compliance with the conditions and st andards within the Park and Recreation Director’s memorandum dated March 23, 2022. 6.Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. 7.Incorporation of any easements necessary to accommodat e drainage, ponding, trails, underpasses, conservation areas, streets and utilities. 8.Provision of $82,632.76 for the Developer’s share of Akron Avenue improvement costs. 9.Provision of $20,790 for Landscaping Surety. 10.Provision of 2.702 acres of land for Park Dedication. ADOPTED this 19th day of April 2022, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jessie Paque, Deputy City Clerk Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx SUBDIVISION AGREEMENT Caramore Crossing 3rd Addition AGREEMENT dated this ________ day of ________________________, 2022 by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and FORESTAR (USA) REAL ESTATE GROUP, INC., 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 Caramore Crossing 3rd 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. Execution of a Subdivision Agreement. b. Adherence with the conditions of the Preliminary Plat, Master Development Plan, Caramore Crossing 1st Addition and Caramore Crossing 2nd Addition Final Plat approvals. c. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. d. Drainage and utility easement with storm sewer infrastructure, except ponding or infiltration areas, may contain fences, but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. e. Compliance with the conditions and standards within the Park and Recreation Director’s memorandum dated March 23, 2022. f. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. g. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. h. Provision of $82,632.76 for the Developer’s share of Akron Avenue improvement costs as indicated in ATTACHMENT TWO. i. Provision of $20,790 for landscaping surety. j. Provision of 2.702 acres of land for Park Dedication 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 Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.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 D. Sanitary sewer improvements E. Storm sewer improvements Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.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, 2022, 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, 2023. 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 2022-10), 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 Two Million, Forty-Seven Thousand, Five Hundred Forty One Dollars ($2,047,541). The amount of the security was calculated as follows: Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice No.Item Cost 110%Calculation 1 Grading and Erosion Control 77,788$ 85,566$ $3500/ac x 22.225 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 25,500$ 28,050$ $500/lot x 51 lots 4 Landscaping 18,900$ 20,790$ Per City Planner (63 trees x $300) 5 Street Lights 28,000$ 30,800$ $4000/light x 7 lights 6 Surface Improvements 597,313$ 746,641$ 125% 7 Water Main Improvements 282,706$ 353,383$ 125% 8 Sanitary Sewer Improvements 371,467$ 464,334$ 125% 9 Storm Sewer Improvements 232,382$ 290,477$ 125% Total 1,659,055$ 2,047,541$ Letter of Credit for Developer Improvements (due with signed agreement) Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx 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. 14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City Planner. Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx 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 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 estimated City fees of $250,760 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx 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 six percent (6%) 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 public 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 public trails within the development at a cost of $0.35/SF. The fog sealing will be completed within three (3) years following trail installation. 19. Indemnification. The Developer shall hold the City and its officers, agents and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property, except for any costs or expenses arising from the intentional acts or gross negligence of the City, it’s agents, employees or contractors. The Developer shall indemnify the City and its officers, agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. Notwithstanding any other provision in this Agreement to the contrary, Developer agrees that it will not be able to submit a claim for extra work or for monetary damages (for delay or otherwise), or request an extension of time to complete the work, for any reason arising out of or relating to: (1) the COVID- 19 pandemic; or (2) any national, state, or local declaration, resolution, or order relating to the COVID- 19 pandemic, unless such declaration, resolution or order prohibits work on the project. The contract completion date shall be extended for the period of the required stoppage in work but without any claim for delay damages. 20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision Improvements, public liability and property No.Item Cost Estimated Construction Cost 1,483,868$ 1 Engineering Fees 148,387$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 74,193$ 4 Street Light Energy Cost 5,040$ 5 GIS Fees 2,667$ 6 Trail Fog Seal 3,837$ 7 Seal Coating 13,636$ Total 250,760$ City Fees (due with signed agreement) Calculation Developer's Estimate (Lines 6 - 9 above) 10% of Estimated Construction Cost Estimate 5% of Estimated Construction Cost 7 lights x 24 months x $30/month $120/acre x 22.225 acres $0.35/SF x 10,962 SF $1.70/SY x 8,021 SY Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx 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 of 2.702 acres (Outlot B) B. Storm Sewer Trunk Area Charges in the amount of $123,247 C. Sanitary Sewer Trunk Area Charges in the amount of $20,987 D. Watermain Trunk Area Charges in the amount of $126,900 E. Developer share of Akron Avenue improvements in the amount of $82,373.94. 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. Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx 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. 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 Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx 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. 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: Thomas H. Burleson, Senior Vice President Forestar (USA) Real Estate Group, Inc. 2221 E. Lamar Boulevard, Suite 790 Arlington, TX 76006 817-769-1860 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.] Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.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: Jessie Paque, Deputy City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________________, 2022, by William H. Droste, Mayor, and Jessie Paque, Deputy 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 FORESTAR (USA) REAL ESTATE GROUP, INC. BY: David K. Hollander, its Real Estate Investment & Development Director STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2022 by David K. Hollander, its Real Estate Investment & Development Director, of Forestar (USA) Real Estate Group, Inc., a Delaware corporation, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.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 ($20,000 per acre of mitigation). Caramore Crossing 3rd EXHIBIT B (Page 1 of 2) No. Item Cost 110% Calculation 1 Grading and Erosion Control 77,788$ 85,566$ $3500/ac x 22.225 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 25,500$ 28,050$ $500/lot x 51 lots 4 Landscaping 18,900$ 20,790$ Per City Planner (63 trees x $300) 5 Street Lights 28,000$ 30,800$ $4000/light x 7 lights 6 Surface Improvements 597,313$ 746,641$ 125% 7 Water Main Improvements 282,706$ 353,383$ 125% 8 Sanitary Sewer Improvements 371,467$ 464,334$ 125% 9 Storm Sewer Improvements 232,382$ 290,477$ 125% Total 1,659,055$ 2,047,541$ No. Item Cost Estimated Construction Cost 1,483,868$ 1 Engineering Fees 148,387$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 74,193$ 4 Street Light Energy Cost 5,040$ 5 GIS Fees 2,667$ 6 Trail Fog Seal 3,289$ 7 Seal Coating 13,636$ Total 250,211$ No. Item Cost 1 Storm Sewer Trunk Charge 123,247$ 2 Sanitary Sewer Trunk Charge 20,987$ 3 Water Trunk Charge 126,900$ 4 Park Dedication -$ 5 Akron Avenue Improvements 82,374$ Total 271,134$ $6500/acre x 19.523 acres $1.70/SY x 8,021 SY Development Fees (due before signed plat is released) Satisified via land dedication (Outlot B) Calculation $6865/net developable acre x 17.953 acres $1075/acre x 19.523 acres ($285,885.60 / 177 lots) x 51 lots (see Attachment Two) 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 (Lines 6 - 9 above) Estimate 5% of Estimated Construction Cost 7 lights x 24 months x $30/month $120/acre x 22.225 acres $0.35/SF x 10,962 SF Block Lots Units Block Lot Units SQ FT Acres 1 18 18 1 1 1 11,579.951 0.266 2 6 6 1 2 1 8,977.336 0.206 3 4 4 1 3 1 11,830.495 0.272 4 9 9 1 4 1 33,420.669 0.767 5 14 14 1 5 1 19,605.441 0.450 1 6 1 14,127.235 0.324 Total 51 51 1 7 1 12,395.825 0.285 1 8 1 10,991.939 0.252 Total Plat Area = 22.225 acres 1 9 1 9,844.984 0.226 Total Park Area = 2.702 acres 1 10 1 9,844.984 0.226 Future Plat Area = 0.000 acres 1 11 1 9,844.984 0.226 Developable Area * = 19.523 acres 1 12 1 9,983.697 0.229 Ponding to HWL = 1.570 acres 1 13 1 9,947.786 0.228 Net Developable Area =17.953 acres 1 14 1 9,180.000 0.211 1 15 1 9,541.552 0.219 * Excludes future plat and park areas (all outlots) 1 16 1 9,550.618 0.219 1 17 1 9,237.238 0.212 1 18 1 11,174.080 0.257 2 1 1 15,333.380 0.352 2 2 1 11,660.467 0.268 2 3 1 11,835.687 0.272 2 4 1 11,947.184 0.274 2 5 1 11,626.128 0.267 2 6 1 14,750.893 0.339 3 1 1 11,360.623 0.261 3 2 1 8,842.500 0.203 3 3 1 8,842.500 0.203 3 4 1 8,842.500 0.203 4 1 1 11,907.954 0.273 4 2 1 8,808.750 0.202 4 3 1 8,808.750 0.202 4 4 1 8,808.750 0.202 4 5 1 9,014.308 0.207 4 6 1 9,435.698 0.217 4 7 1 10,020.943 0.230 4 8 1 11,028.519 0.253 4 9 1 13,660.855 0.314 5 1 1 9,273.802 0.213 5 2 1 9,210.808 0.211 5 3 1 9,143.458 0.210 5 4 1 9,198.878 0.211 5 5 1 11,665.926 0.268 5 6 1 12,204.797 0.280 5 7 1 9,091.795 0.209 5 8 1 17,621.059 0.405 5 9 1 17,354.316 0.398 5 10 1 12,948.222 0.297 5 11 1 14,551.431 0.334 5 12 1 13,061.464 0.300 5 13 1 10,445.412 0.240 5 14 1 10,327.452 0.237 0.000 Outlot A 116,137.002 2.666 Outlot B 117,710.343 2.702 ROW 140,561.960 3.227 Total Boundary 968,123.328 22.225 Caramore Crossing 3rd EXHIBIT B (Page 2 of 2) Totals Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx ATTACHMENT ONE Caramore Crossing 3rd Addition Final Plat Caramore Crossing 3rd 04/2022 G:\ENGPROJ\2022-10 - Caramore Crossing 3rd\Subdivision Agreement\20220415 - Subdivision Agreement.docx ATTACHMENT TWO Akron Avenue Improvements – Developer Cost Developer Share ($110 x 2598.96 feet) $285,885.60 Total Number of Lots 177 Cost Per Lot $1,615.17 Caramore Crossing 3rd Addition (51 lots) $82,373.94 Site K:\013547-000\Admin\Received from Applicant\Caramore Crossing 3rd Addition\2022.03.17 Submittal\Caramore Crossing 3rd Plat Review.docx Memorandum To: Julia Hogan, Planner CC: Stacy Bodsberg, Planning & Personnel Secretary Brian Erickson, City Engineer From: Tim Hanson PE, WSB Engineering Consultant Date: March 22, 2022 Re: Caramore Crossing 3rd Addition Final Plat Review Construction Plan – Engineering Review SUBMITTAL: The final plat and construction plans for Caramore Crossing 3rd Addition have been submitted for development. They were prepared by Westwood Professional Services. The developer of the site is D. R. Horton. Engineering review comments were generated from the following plat documents included in the submittal consisting of: ▪ Final Plat - Caramore Crossing 3rd Addition. ▪ Caramore Crossing 3rd Addition Construction Plans dated 1-14-2022 ▪ Consisting of these plan sheets ▪ Sanitary Sewer and Watermain Construction Plan ▪ Street and Storm Sewer Construction Plan ▪ Details ▪ Intersection Details ▪ Signage and Street Lighting Plan ▪ Trail Plan GENERAL COMMENTS – FINAL PLAT and EASEMENTS: 1. The development Fees are indicated below based on the 2022 Schedule of Rates and Fees. These fees are due with the final plat and subdivision agreement. ▪ Sanitary Sewer Trunk Charge: $1,075/acre ▪ Watermain Trunk Charge: $6,500/acre ▪ Storm Sewer Trunk Charge: $6,865/acre 2. The development is responsible for a pro-rated share of the cost associated with the improvement of Akron Avenue. The Akron Avenue improvement cost has a front-foot rate of $110/FF over 2607.1 feet of frontage with Akron Avenue for a total amount of $286,784.30. The current plat consists of 51 lots of the preliminary plat of 177 lots. The amount due with the Caramore Crossing 3rd Addition is $82,632.76. 3. Outlot A consists of storm water management facilities, this outlot shall be deeded to the City for ownership and maintenance of the storm water ponding and infiltration areas. A drainage and utility easement shall be place over Outlot A. 4. Outlot B has been graded to a 2% grade, sloping to the north. The outlot is designated for a park and must be deeded to the city. 5. A pipeline easement extends across the northwest corner of the 3rd Addition. The final plat identifies the pipeline easement. Julia Hogan 3/22/2022 Page 2 K:\013547-000\Admin\Received from Applicant\Caramore Crossing 3rd Addition\2022.03.17 Submittal\Caramore Crossing 3rd Plat Review.docx 6. Lot 11, Block 5 has a rear yard storm sewer extending near the lot line. The southwest corner of the lot requires an expanded drainage and utility easement to accommodate the proposed storm sewer. 7. City ordinance prohibits the construction of sheds, retaining walls and other permanent structures on Drainage and Utility Easements that contain stor m sewer infrastructure. Fences are permitted but must include a gate for maintenance access. Trees are not allowed within Drainage and Utility easements over storm sewer pipe or in pond maintenance access locations. STREETS Caramore Crossing 3rd Addition consists of four local residential streets. Aulden Avenue extends west from the existing Ardroe Avenue, which was constructed with Caramore Crossing. Aulden Avenue extends to the westerly plat boundary terminating at undeveloped property. A second street, Applewood Trai extends south from Aulden Avenue connecting with Applewood Trail which was constructed with Caramore Crossing. A short cul-de-sac, Applewood Court, extends to the east from Applewood Trail. The fourth street is a loop street, Avery Way, extending from Ardroe Avenue in the northerly portion of the subdivision. The street network provides access to 51 single family lots. 8. Aulden Avenue terminates as a stub street which will be s igned with type-III barricades, a “FUTURE THRU STREET” sign must be placed on the barricades. 9. Streetlights are identified to be placed adjacent to the streets. Streetlight spacing recommendations will be forwarded to the developer. 10. The plan sheet for the Greenway trail system which crosses Ardroe Avenue is lacking design information. 11. The street and storm sewer systems will be reviewed against the City’s Engineering Design Guidelines and Standards SANITARY SEWER AND WATERMAIN Sanitary sewer for Caramore Crossing 3rd addition will be extended from sanitary sewer constructed with the development of the Caramore Crossing first and second additions. Trunk sanitary sewer is stubbed to the west plat boundary within Aulden Avenue. The proposed sanitary sewer extensions are according to the preliminary plat. Watermain is extended from watermain constructed with the first and 2nd Additions completing looped systems on the north and south half of the original preliminary plat. The watermain extension within Aulden Avenue and Applewood Trail provides a looped system back to Ardroe Avenue and the watermain extension within Avery Way provides a looped system back to Ardroe Avenue. The proposed watermain extensions are according to the preliminary plat. 12. Detail review of the sanitary sewer and watermain plans shall conform to City design guidelines and standards. STORM SEWER Caramore Crossing 3rd Addition identifies three storm sewer systems to serve the development. A storm sewer system extends from the ponding area in the central portion of the plat to Avery Way providing storm water runoff collection within the street. A second system extends within Aulden Avenue from storm sewer constructed with the first addition. This storm sewer collects Julia Hogan 3/22/2022 Page 3 K:\013547-000\Admin\Received from Applicant\Caramore Crossing 3rd Addition\2022.03.17 Submittal\Caramore Crossing 3rd Plat Review.docx runoff from Aulden Avenue, the north end of Applewood Trail, and rear yard areas. A second storm sewer system extends within Applewood Trail collecting runoff from the southerly portion of Applewood Trail, the rear yard area of Applewood Trail, and Applewood Court. This storm sewer system extends form a system constructed with the first addition Detail design review will be completed on the storm sewer system. The storm sewer system must conform to City’s Engineering Guidelines and standards. 13. CBMH 132 must be a sump manhole to collect sediments prior to discharging to the ponding area and infiltration basin. SURFACE WATER MANAGEMENT The construction plans for Caramore Crossing will be reviewed for surface water management, erosion and sediment control, and for storm sewer pipe sizing. These design elements were not reviewed with this review. 14. Plat approval is subject to Surface Water Management Review. M E M O R A N D U M To: Adam Kienberger, Community Development Director Anthony Nemcek, Senior Planner Julia Hogan, Planner From: Dan Schultz, Parks and Recreation Director Date: March 23, 2022 Subject: Caramore Crossing 3rd Addition Final Plat The Parks and Recreation Department recently reviewed the plans for the Caramore Crossing 3rd Addition Final Plat and has the following comments: Parks Dedication The parks dedication requirement for the 51 low density units being proposed in the 3rd addition is 2.04 acres of land. Staff is recommending that the developer meet the park dedication requirements for the 3rd addition by dedicating outlot B to the City as parkland. Please let know if you have any questions about this memo.