HomeMy WebLinkAbout5E - McCormick Acres Final Plat
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
FEBRUARY 18, 2003
5E
CYNTHIA KIRCHOFF, AICP, PLANNER
DON RYE, COMMUNITY DEVELOPMENT DIRECTOR
CONSIDER A RESOLUTION APPROVING THE FINAL PLAT AND
AUTHORIZING EXECUTION OF THE STANDARDIZED DEVELOPMENT
CONTRACT FOR MCCORMICK ACRES
(Case No.: 02.118)
DISCUSSION:
History: On October 15, 2001, the City Council approved Resolution 01-117
approving the preliminary plat for McCormick Acres, an application to
subdivide 1.16 acres into 3 lots for single family dwellings, subject to the
following conditions:
1. The plat must be revised to eliminate Lot 5. The remaining lot lines must
be configured to provide the minimum lot area for each lot.
2. The existing easement for installation and maintenance of sanitary sewer
and water to the property to the south must be identified on the final plat.
3. Prior to final plat approval, the Tree Inventory must be revised so all trees
all labeled and it must be signed by a registered land surveyor.
4. The water and sewer service locations must be verified.
5. The applicant must obtain an access permit and any other required
permits from Scott County prior to final plat approval.
The plat includes dedication of 50 feet of right-of-way for CSAH 12. An
existing single family dwelling is located on proposed Lot 2.
Current Circumstances: The principal requirements for final plat approval
include a signed Development Contract with surety for the installation of
utilities and streets and the satisfactory completion of all preliminary plat
conditions.
Staff has reviewed the final plat and finds it to be in substantial compliance
with the conditions of approval for the preliminary plat.
Issues: The attached "Development Contract" specifies the required
improvements for this plat. This is the standard development contract used in
all final plats. The following fees are associated with this development: storm
162be~~gfJse~~~~tg2t~ag>',a~~g;oE'i:k~:cr:rfri'g~~gta 55372-1714 / Ph. (612) 447-4230 / Fax~g9[tJ 447-4245
AN EQUAL OPPORTUNIIT EMPLOYER
water management fee, lateral sewer and water charge, collector street
construction charge, and cash park dedication.
Conclusion: A copy of the Development Contract for McCormick Acres is
attached to this report. Staff will be available to discuss the details of this
contract with the Council. All of the conditions placed on the preliminary plat
have been satisfied. The final plat is subject to five conditions, which must be
satisfied prior to the release of the final plat documents.
The developer received a draft of the Contract on February 6, 2003, but has
not provided comments. Staff has attempted to contact the developer, but
has been unable to do so. The City Council must take action on this final plat
application by February 24, 2003.
FISCAL IMPACT:
Budaet Impact: Approval of this final plat will allow construction of two new
dwellings, which will contribute to the City's tax base. The required
development fees are deposited into the appropriate City accounts.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt a Resolution approving the final plat and Development Contract for
McCormick Acres.
2. Deny the Resolutions approving the Final Plat for McCormick Acres.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
The staff recommends Alternative #1, if the developer signs the Development
Contract prior to the City Council meeting. This requires the passage of the
following motion:
1. A motion and second to adopt a resolution approving the final plat and
Development Contract for McCormick Acres and authorizing the Mayor
and City Manager to sign the Development Contract.
REVIEWED BY:
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RESOLUTION 03-~ 2.1
.1rlNNESO~~
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT
OF "MCCORMICK ACRES" AND DEVELOPMENT CONTRACT
MOTION BY:
.W
SECOND BY:
Jt.
WHEREAS:
On October 15, 2001, the City Council approved the preliminary plat for McCormick Acres,
subject to conditions identified by Resolution 01-117; and
WHEREAS:
The City Council has found that the final plat of "McCormick Acres" is in substantial compliance
with the approved preliminary plat for McCormick Acres; and
WHEREAS:
The City Council has approved the final plat of "McCormick Acres."
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE,
MINNESOTA, that it should and hereby does require the following conditions to be met, prior to release of, and
recording of said plat:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The final plat of "McCormick Acres" is subject to the following conditions, which shall be met prior to release of
and recording of the final plat:
a. A current title opinion or commitment of title insurance must be submitted in a form acceptable to the City
Attorney.
b. Payment of all fees prior to release of the final plat mylars.
c. Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one reduction at no
scale which fits onto an 81/2" x 11" sheet of paper.
d. Four mylar sets of the final plat with all required signatures must be submitted.
e. The developer must provide financial security, in a form acceptable to the City Engineer, prior to release of
the final plat mylars.
f. The final plat and all pertinent documents must be filed with Scott County within 60 days from the date of
final plat approval. Failure to record the documents by April 19, 2003, wili render the final plat null and void.
3. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of the City.
Passed and adopted this 18th day of February, 2003.
YES NO
Haugen \ Haugen
Blomberg , Blomberg
LeMair \ LeMair
Petersen \ Petersen
Zieska Zieska
Frank Boyles, City Manager
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16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DEVELOPMENT CONTRACT
MCCORMICK ACRES
PROJECT #01-40
This DEVELOPMENT CONTRACT is entered into this 18th day of February, 2003, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Patrick L.
,
McCormick Living Trust (the "Developer"). Based on the mutual promises and covenants set forth herein,
the sufficiency of which is not disputed, the City and the Developer (collectively "Parties") agree as
follows:
L REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for McCormick Acres (referred to in this Development Contract as the "Plat"). The land is legally
described as: shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
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3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: I) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply
to grading or other approvals set forth in Resolution No. 01-117, dated October 15, 2001, approving the
Preliminary Plat for McCormick Acres.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution approving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not proceed until the City approves
Development Contracts for such phases. Fees and charges collected by the City in connection with
infrastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Plat that are designated in an approved Preliminary Plat for future subdivision into
lots and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a Il1ultiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The plans shall not be attached to this Development Contract, but are incorporated by
reference and made a part of this Development Contract as if fully set forth herein. If the plans vary from
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the written terms of this Development Contract, the more specific or stringen controls shall apply. The
Plans are:
Plan A --
Final Plat Dated January 3,2003 (Prepared by Bolton & Menk, Inc.)
Plan B --
Final Grading, Development, and Erosion Control Planes) Dated January 30,
2003 (prepared by Timothy Arvidson)
Plan C --
Tree Preservation Plan Dated January 30, 2003 (prepared by Dennis Ronsa)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Site Grading and Ponding
B. Underground Utilities
C. Setting ofIron Monuments
D. Landscaping
The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the
City staff, to review the program for the construction work. Before the Security for the completion of
utilities is released, iron monuments must be installed in accordance with Minn. Stat. 9505.02. The
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Developer's surveyor shall submit a written notice to the City certifying that the monuments have been
installed.
8. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Tie
dimensions to sewer and water services from City staff or City consultants.)
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved [mal plans and specifications. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine if
additional testing is necessary. The cost of additional testing is to be paid by the Developer.
E. Lot comers and monuments.
9. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment.
10.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building pennit for the subject lot is issued, whichever occurs
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first. At the end of the one (I) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
11. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
12. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose,
at no cost to the City, additional erosion control requirements if they are necessary to meet erosion
control objectives. All areas disturbed by the excavation and backfilling operations shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling
erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary
conditions imposed by the City, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the
City to do so will not affect the Developer's and City's rights or obligations hereunder. The Developer
shall be solely responsible for any costs incurred by the City for erosion control measures. The
Developer shall fully reimburse the City for any cost incurred within ten (10) days of the date of the
City's invoice. If the Developer does not reimburse the City for any cost the City incurred for such work
within ten (10) days, the City may, without further notice to the Developer, draw down the Irrevocable
Letter of Credit to pay any costs. No development, utility or street construction will be allowed unless
the Plat is in full compliance with the erosion control requirements. The notice provisions set out in
Paragraph 39 shall not apply to notifications to the Developer under this paragraph.
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13. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs. The notice provisions set out in Paragraph 39 shall not apply to notifications to the Developer under
this paragraph.
14. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control planes), (plan B). The plans and work shall conform to City of Prior Lake Public Works
Design Manual.
B. As-builts. Before the City releases the Grading Security, the Developer shall
provide the City with an as built grading plan and a certification by a registered land surveyor or engineer
that all ponds, swales, and ditches have been constructed on public easements or land owned by the City.
The as built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot comers and house pads. The City may
withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer.
15. STREET MAINTENANCE. Developer shall be responsible for all street maintenance
until fmal written acceptance by the City of the Developer Installed Improvements. Warning signs and
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detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing attention to detours. If and when streets
become impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph,
"street maintenance" does not include snow plowing or normal sweeping.
16. STORM WATER MANAGEMENT FEE. The Developer shall pay a storm water
management fee of $1,707.00 prior to the City signing the final Plat. The amount was calculated as
follows: 0.58 acres at $2,943.00 per acre (R-1, R-2 and R-3) or $4,856.00 per acre (R-4) or $6,092.00 per
acre (commercial and industrial). This calculation was determined by the Trunk Storm Sewer Fee
Determination Study adopted by City Council Resolution #01-03 on January 8, 2001.
17. LATERAL SEWER AND WATER CHARGE. A lateral sewer and water charge of
$17,580.00 shall be paid by the Developer for lateral sewer and watermain improvements prior to the City
signing the final Plat. The amount was calculated as follows: 293 feet at $60.00 per front foot.
18. CITY-WIDE COLLECTOR STREET CONSTRUCTION CHARGE. This Development
Contract requires the Developer to pay a City-wide Collector Street Construction Charge of $870.00 for
collector street improvements prior to the City signing the final Plat. The amount was calculated as
follows: 0.58 acres at $1500.00 per acre.
19. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an
amount of cash or land or a combination of both as established by the City. This calculation was
determined by the Park Fee Study adopted by City Council Resolution #01-10 on February 5, 2001. The
required amount of dedication of land or cash payment shall be determined by the provisions of Section
1004.1000 if the City Subdivision Ordinance, or by the fee scheduled adopted by resolution of the City
Council. The fee shall be paid prior to the City signing the final Plat. The Developer shall provide the City
with a warranty deed for any land described as an outlot or a lot rather than park on the final plat. This
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Development Contract requires the Developer to pay a Park and Trail Dedication Fee of$3,370.00 prior to
the City signing the final Plat. The amount was calculated as follows: 2 units at $1,685.00 per unit.
20. LANDSCAPING rSinf!le-Familv Residential). In accordance with the City Subdivision
Ordinance, each residential lot in the Plat must have at least two (2) front yard trees. The Developer or lot
purchaser shall plant the two (2) front yard trees on every lot in the Plat that does not already meet this
requirement at the time of the building permit. The Developer or lot purchaser shall sod the front yard,
boulevard, and side yards to the rear of every structure on every lot prior to the issuance of the final
certificate of occupancy. If this section is to be satisfied by existing trees, a tree protection security
("escrowed funds") may also be required. If the required landscaping is not installed, the City is granted a
license to enter upon a lot and install the landscaping using the escrowed funds deposited by the builder at
the time the building permit was issued. Upon satisfactory completion of the landscaping, the escrowed
funds less any draw made by the City, shall be returned to the person who deposited the funds with the
City.
21. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, and to the
provisions of Section 1107.2100 of the City Zoning Ordinance, no tree replacement is required for this
Plat.
22. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$23,527.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
Storm Water Management Fee
$
1,707.00
Lateral Sewer and Watermain Trunk Area Charges
$
17,580.00
City-Wide Collector Street Construction Charge
$
870.00
Park and Trail Dedication Fee (if in lieu ofland)
$
3,370.00
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TOTAL CITY DEVELOPMENT FEES
$
23,527.00
23. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Irrevocable Letter of Credit Security in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the
City from any further proceedings as it pertains to the letters of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Development
Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of 1 Y, percent (1.5%) per month or any part of
a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Developer shall pay the actual interest penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Developer shall be awarded its costs and disbursement, including attorney's fees. incurred in bringing the
action. (See Minn. Stat. (i471.425, Subd. 4a.)
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24. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
25. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, anyone or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all real estate property taxes and assessments with respect to the development property;
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations of this Development Contract; (3) failure by the Developer to observe or
perform any covenant, condition, obligation or agreement on its part to be observed or performed under
this Development Contract; (4) transfer of any interest in the Plat; (5) failure to correct any warranty
deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the City in
connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable Letter of
Credit at least forty-five (45) days prior to its expiration date; (8) receipt by the City from the Developer's
insurer of a notice of pending termination of insurance; (9) a breach of any material provision of this
Development Contract. With respect to this paragraph, "material provision" shall be construed broadly to
offer the City the fullest protection and recourse possible.
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B. Event of Defanlt - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 39 of
this Development Contract, may take anyone or more of the following actions:
I. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms ofthis Development Contract.
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots, including those lots sold to third parties, in this Plat.
6. The City may draw upon the Irrevocable Letter of Credit ifthe City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements.
8. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1-7 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
26. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the
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following: (1) the nature of the breach of the term or condition that requires compliance by the Developer,
or the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the
Event of Default; and (3) the time the developer has to cure the breach or remedy the Event of Default.
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 certified mail at the following address:
Patrick L. McCormick Trust, c/o Kris Busse, 1401 6th Street NE, Waseca, MN 56093. Notices to the City
shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified
mail in care of the City Manager at the following address: City of Prior Lake, 16200 Eagle Creek Avenue,
Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City, Notice(s) shall be
served upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan Sipkins & Johnson,
Pillsbury Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
27. INDEMNIFICATION. Developer shall indemnifY, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnifY and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
28. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
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Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold hannless provisions set out in Paragraph 40 shall apply to said actions.
29. INSURANCE REOUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the warranty period( s) on the
Developer Installed 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 subcontractors or by one directly or indirectly employed by any of them. Limits for bodily
injury and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence;
limits for property damage shall be not less than $500,000 for each occurrence; or a combination single
limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the
Developer shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The
certificate shall provide that the City must be given thirty (30) days advance written notice of the
cancellation of the insurance. The Certificate shall be in the form attached hereto as Exhibit C.
30. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within sixty (60) days of the City Council's approval of the Development Contract.
The Developer shall provide the City with a recorded copy of the Development Contract. The Developer
covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City hannless for any
breach of the foregoing covenants.
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31. SPECIAL PROVISIONS. The following special provIsIOns shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat.
B. The Developer is required to submit the final Plat III electronic format. The
electronic format shall be compatible with the City's current software.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
32. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all 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
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
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D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
proVISIOns.
F. Jurisdicition. This Development Contract shall be governed by the laws of the
State of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( ss.
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COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
,20_,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this _ day of
,20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFrED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City ofprior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by
the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to
be bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek A venue SE
Prior Lake, Minnesota 55372
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EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
That part of the Northwest Quarter of the Northeast Quarter of Section 10, Township 114, Range 22, Scott
County, Minnesota described as follows:
Commencing at the northwest comer of said Northwest Quarter of the Northeast Quarter (NW y., ofNE \1,);
thence on an assumed bearing of East along north line of said Northwest Quarter a distance of375.80 feet to
the point of beginning of the land to be described; thence continuing East along said north line a distance of
266.00 feet; thence on a bearing South a distance of 168.00 feet; thence West a distance of 77.90 feet;
thence South a distance of 32.00 feet; thence West a distance of 188.10 feet to the intersection with a line
drawn South from the point of beginning; thence North a distance of 200.00 feet to the point of beginning.
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EXHIBIT "B"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIF1CATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum)
Bodily Injury and Death:
$1,000,000 for one person $2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
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Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injwy Include Claims Related to Employment? YES
Completed OperationslProducts: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injwy:
$1,000,000 each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM TillS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
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EXHIBIT "c"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment oftitle insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; 1" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides financial security, acceptable to the City Engineer prior to release of the final
plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by May 19, 2003, will render the final
plat null and void.
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2113103
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