2001-07-25 CC - Laserfiche WebLink

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Proposed Changes to Development Contract 1. Change the second Whereas paragraph to reflect that the Developer has requested the City to construct many of these improvements, as described in paragraph C on page 5 of the Development Contract. Possible language could read as follows: Whereas the Developer has requested the City to construct all surface streets, sidewalks, curb and gutter, recreational trails, storm sewer, drainage facilities, water main and sanitary sewer facilities, hereinafter referred to as "Street and Utility Improvements; and Whereas the Developer and the City desire to establish financial responsibility for the Street and Utility Improvements; and 2. Insert a new paragraph to deal with the fact that Ground Development is not also the builder. Landscaping is put in by the builder, and Ground Development will require the builders to do the landscaping as per the approved landscaping plan. The proposed paragraph is as follows: Landscaping. The Developer shall require all builders within the subdivision to install such landscaping as required by Development Covenants or City ordinance 38.01-5 whichever is more restrictive. 3. Request changing paragraph B.2.a.iii (on page 3) to simply have the monumentation done within 180 days after filing the final plat. 4. Clarify the landscaping requirements in paragraph B.2.a.v (on page 3) by deleting "other requirements" and inserting "Developer's approved landscape plan." 5. Clarify the "increments" in paragraph B.2.c.iii either by providing that the increments are "as set forth in Developer's Phasing Plan", or by inserting "Engineer" after the word "City", to give a particular individual responsibility for designating the increments. 6. Change paragraphs B.2.e and f (on page 4) to insert "or surety bond" after "Letter of Credit" each time it appears. Change the 150% to a more standard 110%. 7. Add the new statutory requirement relating to special assessments into paragraph c.. Possible language is as follows: As provided by Minn. Stat. 9462.3531, this waiver of rights of appeal is effective only for the amount of assessment estimated in the Feasibility Report. 8. $12,500. Clarify the last paragraph of paragraph C to indicate that the cash escrow is in the amount of 9. Add language to paragraph C explaining the formula for dividing the special assessments between the benefitted properties. This change is due to the new statute (Minn. Stat. 9462.3531), which does not allow the City to simply put the developer's estimated assessment in the contract, but rather places a cap on the City's assessment authority. Weare proposing language which leaves full authority with the City Council, rather than risking have conflicting provisions in the City Council's Assessment Role and in the Development Contract. Such language could be as follows: Special assessments shall be divided between the benefitted properties based on the formula and approach approved by the City Council in its Assessment Role for Pheasant Marsh. 10. Change paragraph E, due to the new statute, to begin as follows: "Except as limited by Minn. Stat. 9462.3531, the Developer. . ." 11. Clarify paragraph I to indicate that the Developer still may sell lots to builders. Such language