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Home My WebLink About10A - Crossroads Development Contracto~ PRIG ~ ' ~,' ( ~i ~~~' I ~~~ ~, ; -a `~'~ ~ ~ ~. Y ; U f, , I ~' L~~ ~ ; p, ~ ,., ` ``~IN1VE5~;,~" ~ 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 17, 2009 AGENDA #: 10A PREPARED BY: DANETTE M. PARR, COMMUNTIY DEVELOPMENT AND NATURAL RESOURCES DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A COMBINED PRELIMINARY & FINAL PLAT AND AUTHORIZING EXECUTION OF THE CITY'S STANDARD DEVELOPMENT CONTRACT FOR A PLAT TO BE KNOWN AS CROSSROADS DISCUSSION: Introduction The purpose of this agenda item is for the City Council to consider a request by EFH Realty Advisors, Inc. for a Combined Preliminary & Final Plat and a Development Contract to allow for a future commercial development on property at 14311 Timothy Avenue, 14291 Timothy Avenue, and 6880 Boudin Street. The final plat consists of one lot. History On April 6, 2009 the subject parcels were re-designated to from R-LD (Urban Low Density) to C-CC (Community Retail Shopping) on the 2030 Comprehensive Land Use Plan Map, and on June 15, 2009, the parcels were rezoned from R-1 (Low Density Residential) to C-2 (General Business). Originally, the development plan included a motor fuel-station and car wash, which required a Conditional Use Permit (CUP). The Preliminary and Final Plat applications and Conditional Use Permit application were being processed concurrently. On July 27, 2009, the Planning Commission considered and approved the CUP request with conditions. On August 3, 2009 the developer requested the CUP for the motor fuel station and carwash be abandoned. The land uses proposed in lieu of the motor fuel station and carwash, together with those originally proposed, for the development are permitted uses, which do not require a CUP. Current Circumstances The Plat consists of 4.19 net acres and will allow for 44,683 square feet of new commercial space in the City. The principal requirements for approval of the Plat include a signed Development Contract with surety. The Development Contract has been signed by the developer and details all off-site improvements, as well as requirements of the Plat. The Development fees and surety will be required prior to Final Plat release. ISSUES: The Planning Commission and staff recommend approval of this Combined Preliminary and Final Plat on the basis it is consistent with the provisions of www. cityofpriorlake. com Phony 952.4:7.;9800, / fax, :952.47;.4245 the Zoning and Subdivision Ordinance and City Standards. The City will not release the Final Plat until all fees are paid in full. The Development Contract specifies the development fees for the platted lot. The required development fees of $ 114,839 will be deposited into the appropriate City accounts. FINANCIAL Approval of this final plat will allow construction new business establishments, IMPACT: which will contribute to the City's tax base. ALTERNATIVES: The City Council has the following alternatives: 1. Adopt the resolution with conditions approving the Combined Preliminary and Final Plat and Development Contract for the Crossroads Plat. 2. Deny the resolution approving the Combined Preliminary and Final plat. 3. Defer this item and provide staff with specific direction. Staff recommends Alternative #1. RECOMMENDED 1. A motion and second adopting a resolution approving the Combined MOTION: Preliminary & Final Plat and Development Contract for the Plat to be known as Crossroads. ~~~ ~ RIB 4.:, ti ;_ ~`3 4646 Dakota Street S.E. U ~~ ~ ~` x ~ Prior Lake, MN 55372-1714 ~. -°`-1jN1VE50~~' RESOLUTION 09-xx A RESOLUTION TO APPROVE THE COMBINED PRELIMINARY AND FINAL PLAT OF "CROSSROADS" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. Motion By: Second By: WHEREAS, On July 27, 2009, the Planning Commission recommended approval of the Combined Preliminary and Final Plat to be known as Crossroads; and WHEREAS, The City Council has found that the Combined Preliminary and Final Plat "Crossroads" is consistent with the provisions of the Zoning and Subdivision Ordinance and City Standards. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The final plat of "Crossroads" is approved, 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 o~f title insurance is submitted 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 are submitted. e. The developer must provide financial security, 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 90 days from the date of final plat approval. Failure to record the documents by November 17, 2009; will 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 17T" DAY OF AUGUST, 2009. YES NO Hau en Hau en Hedber Hedber Erickson Erickson LeMair LeMair Millar Millar Frank Boyles, City Manager www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 r: ~ ~~ $~8 Q 6 J «~ ~~ ~ ~#h ~8~ F" Z ~ ~ O Q ~ m m' ~ ~~ ~ ~rx ~ o$ W Y Y ~ a ~ w ui ~ ~Q ti~ ~ ~ ~g~~J O J ~ to ~ (¢j r UZ ~" ~ ~5~~~°€~ O a ~ ~ ~ a° m~ ~ ~ ~~~o ~ ~ ~ r l'~ `JNIdV~Sa NVI o ~ a ----- ---- ------ -- I ,Of l -- I ~o I a°o OL ~ i 1 I ~ i i J i ;y I -•I ' ~' ~- ~' i ail .. 1 , (~ I .w °~ Ij N Q= I'. ~o 1~i~1 ~ w a 5~ 3 0 1 ~". ~ M o I ¢m n I ~ 1 ~ ~ 08 ___ '-_1--_ __ _ _ _ _ _. ~ ~' ~~ i~ \ \ 7 ~, ~~ ~~ 1 ~ mpo ,, ;,,;, r/,' 9 i 9 C• ~ i ~~ ~, /i c.\\ A/ ¢zx z~°.°n , ~ rcs ~ ~ p ~ ~z •_• ~ ~ ~~ - -/~ G. 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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: 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat for Crossroads (referred to in this Development Contract as the "Plat"). The land is currently legally described as: 14311 Timothy Avenue NE: That part of Government Lot 4, Section 30, Township 115, Range 21, Scott County, Minnesota described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 30, thence West, assumed bearing, along the North line of said Northeast Quarter a distance of 720.5 feet; thence South 0 degrees 42 minutes 57 seconds East a distance of 1533.0 feet to the point of beginning; Page 1 thence continue South 0 degrees 43 minutes 57 seconds Ease a distance of 100.0 feet; thence East parallel with the North line of said Northeast Quarter a distance of 150.0 feet; thence North 0 degrees 43 minutes 57 seconds West, a distance of 100.0 feet; thence West parallel with said North line 150.0 feet to the point of beginning, Scott County, Minnesota. 14291 Timothy Avenue NE: That part of Government Lot 4, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows: Commencing at the Northeast corner of the Northeast 1/4 of said Section 30; thence West assumed bearing along the north line of said Northeast 1/4 a distance of 720.5 feet; thence South 0 degrees 43 minutes 57 seconds East a distance of 1433.0 feet to the point of beginning; thence continue South 0 degrees 43 minutes 57 seconds East a distance of 100.0 feet; thence East parallel with the north line of said Northeast 1/4 a distance of 150.00 feet; thence north 0 degrees 43 minutes 57 seconds West a distance of 100.0 fee; thence West parallel with said north line 150.0 feet to the point of beginning 6880 Boudin Street NE: That part of the Northeast Quarter of the Northeast Quarter and Government Lot 4, all in Section 30, Township 115, Range 21 lying Westerly of a line which is parallel with and 105 feet Westerly of the following described highway center line: Beginning at a point on the North line of said Section 75 feet West of the Northeast corner thereof; thence Southerly at an angle of 90 degrees 18 minutes 30 seconds with said North line (measured from West to South) 773.12 feet; thence deflect to the right on a 2 degree 30 minute circular curve, central angle 23 degrees 26 minutes 937.33 feet; thence deflect to the right on a 10 chord spiral curve of increasing radius (spiral angle 3 degrees 07 minutes 30 seconds) 250 feet; thence Southwesterly tangent to said curve 700 feet and there terminating; Lying South of the following described line: Page 2 Beginning at a point on the East line of Block 4, BOUDINS MANOR 4TH ADDITION which is 1303 feet South of the North line of said section when measured along said East line and its extension North to said North lines; thence East parallel with said North line to a point which is 105 feet Westerly of the above described highway center line when measured perpendicular to said center line and there terminating; and lying East, South, East and North of the following described line: Beginning at a point on the East line of said Block 4 which is 1303 feet South of the North line of said section when measured along said East line and its extension North to said North line; thence South on said East line and its extension South 330 feet; thence West parallel with said North line 150 feet to the Easterly line of Timothy Lane in said plat; thence South along said East line to the Northerly line of Boudin Street as platted in said plat; thence Easterly along said Northerly line to a point which is 105 feet Westerly of the above described highway center line when measured perpendicular to said center line and there terminating, Scott County, Minnesota, 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. 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: 1) 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. Page 3 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. PRELIMINARYPLAT STAT~IS. If the Plat is a phase of a multiphased 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 be approved by the City Engineer prior to consideration of the Final Plat and Developer's Contract by the City Council. 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 the written terms of this Development Contract, the more specific or stringent controls shall apply. The Plans are: Plan A -- Final Plat Stamp Dated August 13, 2009 (Prepared by James R. Hill, Inc.) Plan B -- Final Grading, Development, Sanitary Sewer, Storm Water, Parking Lot, and Erosion Control Plan(s) Stamp Dated August 13, 2009 (Prepared by James R. Hill, Inc.) Plan C -- Final Utility Plan Stamp Dated August 13, 2009 (Prepared by James R. Hill, Inc). Page 4 Plan D-- Final Tree Preservation Plan Stamp Dated August 13, 2009 (Prepared by James R. Hill, Inc.) Plan E-- Final Paving and Dimensioning Plan Stamp Dated August 13, 2009 (Prepared by James R. Hill, Inc.) Plan F -- Final Landscaping Plan Stamp Dated August 13, 2009 (Prepared by James R. Hill, Inc.) Plan G -- Final Photometric Plan Dated August 7, 2009 (Prepared by RUUD Lighting) Plan H -- Final Exterior Elevations Plan Stamp Dated August 13, 2009 (Prepared by Architectural Consortium, L.L.C.) Plan I-- Final Site Plan Stamp Dated August 13, 2009 (Prepared by Architectural Consortium, L.L.C.) 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. Sanitary Sewer System B. Water System C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading and Ponding H. Underground Utilities I. Traffic Control Signs J. Street Signs K. Setting of Iron Monuments L. Sidewalks and Trails M. Landscaping/Restoration Page 5 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. In accordance with Minnesota Pipeline Safety law revisions effective January 1, 2006 the Developer will be responsible for installing a tracer wire mechanism for all service lines in public right-of--way. The proposed tracer mechanism shall be approved by the City prior to installation. All costs associated with furnishing and installing the tracers shall be the Developer's responsibility. Before the Security for the completion of utilities is released, iron monuments must be installed in accordance with Minn. Stat. §505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. CONSTRUCTION OBSERVATION SERVICES. The City's authorized personnel shall provide construction observation during the installation of the Developer Installed Public Improvements in accordance with the Public Works Design Manual. These services by the City shall include: A. Construction observation during installation of required Developer Installed Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system. B. Documentation of construction work and all testing of Developer Installed Improvements. Page 6 C. Field document as-built location dimensions for sanitary sewer, watermain and storm sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as- built record plans. 9. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be responsible for providing all other construction services including, but not limited to: A. Construction surveying. B. Engineering /Project management. C. As-built drawings of grading plans. D. As-built record drawings showing location, dimensions and elevations of all utility improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City consultants.) As-built record drawings shall follow the requirements set forth in the Public Works Design Manual (PWDM). The as-built record drawings shall be submitted to the City for approval within six (6) months of substantial base pavement course placement. 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 final 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 corners and monuments. 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 permit for the subject lot is issued, whichever occurs Page 7 first. At the end of the one (1) 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. TIME OF PERFORMANCE. The Developer shall install all required public improvements by December 31St, 2010. If necessary, the Developer and the City shall consult about an extension of time. If an extension is granted, it shall be in writing and conditioned upon updating the Security posted by the Developer to reflect cost increases and the extended completion date. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors anon-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. 13. EROSION CONTROL. A. Prior to initiating site grading, the erosion control plan, Plan B, and Stormwater Pollution Prevention Plan (SWPPP) shall be implemented by the Developer and inspected and approved by the City. The City may require the Developer, at no cost to the City, to install additional erosion control measures 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 Page 8 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. Due to the time sensitive nature of providing for erosion control, the notice provisions set out in Paragraph 40 shall not apply to notifications to the Developer under this paragraph. B. The Developer shall seed or lay cultured sod in all boulevard areas behind curb within thirty (30) days, or within a timeline established by the City Engineer, of the completion of street related improvements (sod does not need to be installed in areas of buildable lots where silt fence is required behind curbs}. C. The Developer shall restore all other areas disturbed by the development grading and construction operations within this time period. D. Boulevard and disturbed area restoration shall be in accordance with the approved Plan B and SWPPP. (No building permits will be issued until the Developer has installed silt-fence behind the curb of all buildable lots). It is expressly understood that once silt fence has been installed it shall be become the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by the Developer's utility contractors. 14. 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 parry 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 Page 9 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 incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in Paragraph 40 shall not apply to notifications to the Developer under this paragraph. 15. GRADING PLAN. A. The Plat shall be graded in accordance with the approved grading, development and erosion control plan(s), (Plan B). The plans and work shall conform to the requirements set forth in the 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 corners 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. The Developer shall also submit a lot tabulation certified by a registered engineer showing that all pads have been corrected in accordance with project specifications. 16. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon completion of the Developer Installed Improvements required by this Development Contract; (1) final written acceptance by the City Engineer and, (2) adoption of a resolution of acceptance by the City Council, the improvements lying within public right-of--way and easements shall become City property. The Developer Page 10 shall be responsible for all pond maintenance until written acceptance by the City of the Developer installed improvements. 17. STREET MAINTENANCE. Developer shall be responsible for all street maintenance until final written acceptance by the City of the Developer Installed Improvements. All private street or parking lot maintenance shall remain the Developer's in perpetuity. Warning signs and 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 of public streets. 18. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and construction is restricted to Highway 13 and Boudin Street, directly adjacent to the project site. No construction traffic or parking of vehicles or equipment shall be permitted on the adjacent local streets. 19. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF B UILDING PERMITS A. Grading, utilities, curbing, and one lift of bituminous shall be installed on all streets providing access and adjacent to a lot prior to issuance of any building permits for that lot. Grading as- bunts for the proposed building permit shall be approved prior to issuance of a building permit. Before a building permit will be issued a minimum of one (1) active fire hydrant within 300 feet of the unit must be available for fire protection. If building permits are issued prior to the acceptance of the Developer Installed Improvements, the Developer assumes all liability and costs incurred as a result of the delays in completion of the Developer Installed Improvements; including damages to Developer Installed Improvements caused by the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Page 11 B. A temporary or permanent Certificate of Occupancy shall not be issued for any building in the plat until water and sanitary sewer improvements have been installed and the streets have been completed and the first lift of bituminous has been placed and said improvements have been inspected and determined by the City to be available for use. 20. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City administration will include all activities necessary to implement this Developer's Contract. These activities include, but are not limited to, preparation of the Development Contract, consultation with Developer and its Engineer on the status of or problems regarding the development of the Plat, project monitoring during the warranty period, processing of requests for reduction in security, and any consulting or legal fees incurred by the City. Fees for this service shall be four percent (4%) of the estimated construction cost as detailed in Exhibit E, less oversizing costs outlined in Exhibit D, assuming normal construction and project scheduling. Extraordinary costs incurred by the City over and above the four percent (4%) Administration fee shall be billed to the Developer. Extraordinary costs are defined as costs resulting from change orders applied to the project and costs incurred as a result of unknown conditions at the time of design, project delays, or costs incurred in enforcing the terms of this Development Contract. 21. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is not limited to, part or full-time inspection of proposed grading, public utilities and street construction and City consultant expenses. The Developer shall deposit an amount equal to five percent (5%) of the estimated construction cost, less oversizing costs outlined in Exhibit D, for construction observation performed by the City's authorized personnel. This amount shall be maintained by the City in escrow until final acceptance of all Developer Installed Improvements by the City. Any balance remaining in the escrow account will be returned to the Developer at that time. Costs incurred by the City over and above the five percent (5%) Construction Observation fee shall be billed to the Developer. Page 12 22. TRUNK STORMWATER ACREAGE CHARGE. The Developer shall pay a trunk stormwater acreage charge of $ 24,218 for trunk stormwater improvements prior to the City signing the Final Plat. The amount was calculated as follows: 4.19 acres at $5,780 per acre (Commercial). This charge was determined by the Trunk Storm Water Fee Study adopted by City Council Resolution # OS-18 on January 18, 2005. 23. TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $23,045.00 shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat. The amount was calculated as follows: 4.19 acres at $5,500 per acre. This charge was determined by the Trunk Water System Fee Study adopted by the City Council Resolution #OS-07 on January 3, 2005. 24. TRUNK SANITARY SEWER ACREAGE CHARGE. A trunk sanitary sewer trunk area charge of $ 12,738 shall be paid by the Developer for sanitary sewer trunk improvements prior to the City signing the final Plat. The amount was calculated as follows: 4.19 acres at $3,040 per acre. This charge was determined by the Trunk Sanitary Sewer Fee Study adopted by City Council Resolution on #OS-18 on January 18, 2005. 25. STREET OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize acreage charge of $ 20,615 for street oversizing improvements prior to the City signing the final Plat. The amount was calculated as follows: 4.19 acres at $4,920 per acre. This charge was determined by the Transportation Plan Fee Study adopted by City Council Resolution #OS-18 on January 18, 2005. 26. PARK AND TRAIL DEDICATION In lieu of land dedication, the Developer shall pay a charge of $26,816. The amount was calculated as follows: 4.19 acres at $6,400 per acre. 27. PEDESTRIAN PATHWAYS The Developer shall be responsible for the construction of the sidewalk extending along Boudin Street, adjacent to the development, as approved on the plans. The Page 13 Developer shall be responsible for clearing snow from the sidewalk extending along Boudin Street up to the Hwy 13 access point, as in required by Section 701.100 of the City Code. 28. STREET LIGHTS AND OPERATIONAL COSTS. The Developer is responsible for the installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed; this includes poles, fixtures, underground wiring, and all appurtenant work. The Developer shall pay operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements, at which time the billing shall be transferred to the City. The street light plan must be acceptable to the City Engineer and in accordance with the Public Works Design Manual. 29. LANDSCAPING/IRRIGATION (Svecial Provisions). Landscaping for this Plat shall comply with Plan F. The cost of the landscaping requirements shall be provided by the Developer, subject to approval by the City. Subject to approved Exhibit G, the Developer shall provide a financial guarantee of $ 104,779.75 based on an amount equal to 125% of the estimated cost, as set out in Plan F, to furnish and plant the required landscaping and irrigation system. The City shall maintain the Security for at least one (1) year after the date the last replacement tree has been planted. At the end of such year, or such longer period as the City determines to be reasonable, the portion of the Security equal to 125% of the estimated cost of the replacement trees, which are alive and healthy may be released. Any portion of the Security not entitled to be released shall be maintained and shall secure the Developer's obligation to remove and replant replacement trees, which are not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of these trees, the Security shall be maintained for at least one (1) year after the date of the replanting or planting of these trees. If, at the end of this period, all of the required trees are alive and healthy, the entire Security maybe released. Page 14 30. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan D, the tree replacement will be met as a part of the landscaping requirements. Therefore, no additional tree replacement is required. 31. SECURITY. To guarantee compliance with the terms of this Development Contract, payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security") shall be in the form attached hereto as Exhibit B, from a bank for $ 207,659. The amount of the Security was calculated as follows: DEVELOPER INSTALLED IMPROVEMENTS COSTS: Sanitary Sewer Watermain Storm Sewer Streets/Sidewalks/Trails/Street Signs/Traffic Control Landscaping/Irrigation Grading/Erosion Control ($4.19/acres x $2,000/ac) ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $2,000 $0 $ 40,076 $ 31,848 $ 83,823 $ 8,380 $166,127 X 1.25 $ 207,659 This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The bank shall be authorized to do business in the State of Minnesota with a principal branch located within the seven County Twin City Metropolitan area. The Security shall be for a term ending December 31, 2011 Page 15 unless otherwise approved by the City Engineer. The Irrevocable Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be January 1st of each year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, the Irrevocable Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 4646 Dakota Street S.E., Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least forty-five (45) days prior to the renewal date. If the required Developer Installed Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may draw on the Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to cure the default. 32. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the required portions of the Developer installed improvements have been satisfactorily completed and financial obligations to the City have been satisfied, the Security may be reduced by seventy-five percent (75%) of the financial obligations that have been satisfied upon written authorization by the City Engineer. Any requests for reductions in the Security must be made in writing to the City Engineer and must be accompanied by lien waivers from any contractor or subcontractor for the Developer. Twenty-five percent (25%) of the Security shall be retained until all Developer Installed Improvements and other obligations under this Development Contract have been completed, including, but not limited to, all financial obligations to the City, and the receipt of all required as-built street, utility and grading plans by the City. Once the City has accepted the project, as-bunts have been completed, all punch list items are completed and warranty bonds submitted, the Irrevocable Letter of Credit maybe reduced to 5%. Upon completion of the warranty period the 5% Irrevocable Letter of Credit maybe released. In no event shall the five percent (5%) Security be released until the Developer provides the City Engineer with a certificate from the Page 16 Developer's registered land surveyor stating that all irons have been set following site grading and utility and street construction. 33. CfTYDEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee of $ 114,839 for City Development Fees. The amount of the cash fee was calculated as follows: CITY DEVELOPMENT FEES: City Administration Fee (4%)~ $ 3,292 City Construction Observation (5%)* $ 4,115 Trunk Stormwater Acreage Charge $ 24,218 Trunk Water Acreage Charges $ 23,045 Trunk Sanitary Sewer Acreage Charges $ 12,738 Street Oversize Acreage Charge $ 20,615 Park and Trail Dedication Fee (if in lieu of land) $ 26,816 TOTAL CITY DEVELOPMENT FEES $ 114,839 '~ Cost Used For Calculations 34. WARRANTY. The Developer warrants all Developer Installed Improvements required to be constructed by it pursuant to this Development Contract against poor material and faulty workmanship. The Developer shall post warranty bonds in the amount of twenty-five (25%) of the improvements as security. The warranty period for streets is one (1) year. The warranty period for underground utilities is one (1) year. The warranty period on Developer Installed Improvements shall commence on the date the City Council adopts a resolution accepting the improvements. All punch list items must be completed and "as-built" drawings received prior to the commencement of the warranty period. The retained Security may be used by the City to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. These standards are set out in the Public Works Design Manual. Page 17 35. OVERSIZING. City and Developer agree that the Developer Installed Improvements should be oversized for the benefit of future development. Oversizing is the construction of a Developer Installed Improvement to City specifications that exceeds those that would otherwise be required of the Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage facilities, and road improvements. If the City Engineer determines that oversizing is required, the City shall reimburse the Developer for the costs associated with this work and as approved in this contract. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $7,404 as determined by the Developer's engineer's estimate and the City Engineers estimate for oversizing the storm sewer pipe along Timothy Avenue and to the storm water pond along Boudin Street as discussed in this Development Contract. If the Developer does not obtain competitive bids for the work the City Engineer may reject the estimate prices and use competitive bid prices obtained from recent city projects. No additional oversizing compensation relating to this Development Contract shall be made unless approved in writing by the City Engineer and approved by the City Council. It is the Developer's responsibility to provide accurate estimates in accordance with the approved construction plans. The calculation for oversizing is attached as Exhibit D. 36. TIMOTHYAVENUE SEWER AND WATER DISCONNECTION. The Developer shall provide funds in the amount of $ 16,691 for the disconnection of sewer and water services which previously served the parcels. The City and Developer agree to this sewer and water disconnection cost. No future City reimbursement or Developer collection for this work will be made. This cost was based on the street restoration to City of Prior Lake standards including concrete curb and gutter, 2 feet of granular borrow, 6" of class 5 aggregate base, and 4" of bituminous asphalt. The Developer shall cap and plug these services at the right of way line and the City will remove these services at the time of Timothy Avenue reconstruction. Page 18 37. 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 the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Irrevocable Letter of Credit Security in an amount up to one-hundred twenty-five percent (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 Irrevocable 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 one and one-half percent (1.5%) per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of one- hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance of less than one-hundred dollars ($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, from the Irrevocable Letter of Credit or other security provided by the Developer to the City. (See Minn. Stat. §471.425, Subd. 4a.) Page 19 38. 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. 39. DEVELOPER'S DEFAULT. A. Definition. In the context of this Development Contract, "Event of Default" shall include, but not be limited to, any one 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 without prior written approval by the City Council. (For the purpose of this paragraph 38) The sale of a lot, except an outlot, to a builder is not an event of default); (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. Page 20 B. Event of Default -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 any one or more of the following actions: 1. 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 of this 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 in this Plat. 6. The City may draw upon the Irrevocable Letter of Credit if the 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 using the Irrevocable Letter of Credit to pay for the related costs. 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. 40. 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 Page 21 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: EFH Realty Advisor's, Inc., Gene Happe, 2999 W. County Road 42, #206, Burnsville, MN 55306. 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, 4646 Dakota Street, 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 So, 220 South 6th Street-Suite 600, Minneapolis, Minnesota, 55402-4501. 41. 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. 42. ND 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 Page 22 Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that the indemnification and hold harmless provisions set out in Paragraph 40 shall apply to said actions. 43. INSURANCE REQUIREMENTS. 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. All insurance certificates shall have expiration dates falling on June 30th or December 31St of each year. Each insurance certificate shall have the project name and City project number clearly shown. 44. 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 Page 23 in the property being final platted; and that the Developer indemnifies and holds the City harmless for any breach of the foregoing covenants. 45. 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 in electronic format. The electronic format shall be compatible with the City's current software. In addition upon completion of the project the Developer shall provide the City with as-built utility plans in electronic format compatible with the City's current software and with layers, colors and line-types formatted in accordance with City standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (11x17 inch) copy shall be certified and submitted to the City. 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. 46. 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. Page 24 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. D. Assignment. The Developer may not assign this Development Contract without the prior written approval of the City Council which approval shall not unreasonably be withheld. 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. Jurisdiction. This Development Contract shall be governed by the laws of the State of Minnesota. G. No Obligations. The mortgage lender for any mortgage or deed of trust ("Mortgage") that is secured by the Property, or any portion thereof, who has come into possession and title to the Property, or any portion thereof, pursuant to a foreclosure of a Mortgage, or deed in lieu of such foreclosure, shall not be obligated under this Agreement to pay any fees or charges which are a liability of Developer or its successor in title to the real property within the Property that are secured by said Mortgage Page 25 except for City taxes and assessments or to construct or complete improvements that are to be constructed by Developer under this Agreement, or to guarantee such construction or completion. Such a mortgage lender shall otherwise be bound by all of the terms and conditions of this Agreement which pertain to the Property or such portion thereof in such it holds an interest. Such a mortgage lender shall not be eligible to apply for, receive, or exercise any of the Project Approvals for development with respect to the Property, or portion thereof which it owns which were vested in its predecessor in title prior to the time that the mortgage lender comes into possession, until the mortgage lender contractually assumes all of the obligations of its predecessor in title under this Agreement with respect to such property. H. Notice to Mortgagee. If the City receives notice from a mortgage lender requesting a copy of any notice of default given Developer and specifying the address for service thereof, then the City shall deliver to such mortgage lender, concurrently with service thereof to Developer, any notice given to Developer with respect to any claim by the City that Developer is in default. Not withstanding the foregoing, the City's failure to provide notice to each Mortgage lender shall not impair the City's rights hereunder. CITY OF PRIOR LAKE (SEAL) By: Jack G. Haugen, Mayor By: Frank Boyles, City Manager DEVE R: By: Its• Page 26 By: Its: STATE OF MINNESOTA ) ( ss. 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 ) CHARLOTTE R. GREEN ~~~. ( SS• a ~~ NOTARY PUBLIC - h9lNNcSOTA s,;.. COUNTY OF ~ ) ' :``~ • My Commission Expires Jan. 31, 2010 foregoi g instrument was acknowledged before me this /y~day of t , 20~, by -~ ,~ _ ~~ Ga~~ NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 27 FEE OWNER CONSENT TO DEVELOPM NT CONT CT the subject roperty, the development of which is governed and consent t the provisions thereof and agree to be boun portion of the s bject property owned by them. Dated this ~_ day of August, 2009. fee owners of all or part of y the foregoing Development Contract, affirm by the provisions as the same may apply to that STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument before me this NOTARY DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota day of August, 2009, by Page 28 ?~ rJ .~ s . ~~ r~ J t r' ~ :It t, il n.~ .J ~. .~ r- ~f1 -2 ~JI ' U =' . s :~ •~ ' U P J _' `^ J r , ,-. `- J '~"~ _ :? ' r _- f•, "" -r. ~ a j rP ~ f -~ y ~, ._ .rS" r`~^ _..., J "J ~ ~~ ~ ~ ~~ ~ r ~' d yy l~~ _ ~ 'mi'l. `j r • ~ ~ w ,~ i U ~~ a~ ~ d d ~+ r ^* J r .a a~~y k~i '~ ~~- ~ ~^ tl~- :~ p- ~.1 r~ '= ~' y '.i.4 ~~ ( :- ~, I ~~ 4-:r~ _ :J i r n - ~-r v - - ' : ? ~; J ~ r - . , ~ ~.. ' : ~ ~~ v i-.~ f am ~~ l -. l r J--+ y rJ 'r'~ • "r° _ ~ ~ / J ~_ ~ p ~ J _. .-t/ U i- of ~ 1 ~, } J ~~ J ~~ 'y .. ~~ :/: ("" ~^.. ~J r U 'J J (` 1 v :J t ~` U .f T (j' r ~, 1 ,--.. ..y --^ r, w J _fv .%'~ ~ r, I !) ~_~..._._, f ~y .~...~ I ~ r ~ ~ -~. .L ~ nJ ~'~ 'r J ~ `''~ / ~ J2 'J r•1 1Q- ~~L Q N \/ ~ ~ W = Z Z ~ m Q m ~a• Qr• ~p~ 2 ~. C FEE OWNER CONSENT TO DEVELOPMENT CONTRACT 6 4• ~. ~ ., ~~ ~ + ~ ~ ~ .1~-- ~i ~.-- ,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 (~- ~G day of August, 2009. ~.~, ~- ~~ ~ .•.it.cy, STATE OF MINNESOTA ) ( ss. COUNTY OF (~, ) //~~ ~~ The fore'glIoing instrument waLs a(c~kn_owrledged before me this ~ day of August, 2009, by ~1 P~~c-, ~• i't~ i ~ _~r6i ~rh'I Est ~~ti ~+l ViS~rS ~VK: Y PUB C '' DANA ROBIN HAUGH DRAFTED BY: ~ ,`a ~' NOTARY PUBLIC -MINNESOTA . fAy Commission Expires Jan. 31, 2010 City of Prior Lake ~~ 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 30 MORTGAGEE Carrs~rrr Ta DEVELOPMENT CONTRACT ~` ~~ ~ ~ ~'''~ #~ ~ ~;~;' ` ~` F ~ `,~ -, ~~' ,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 August, 2009. ,~^° ~cllscvuSj~l STATE QF`A ) CC}UNTY OF >~j~l t~~~ ~~~ss. The foregoing instrument was aclmovvledged before me this J~day of August, 2009, by 'f~.~~~t~~t~ 1i N~'Ak~l SF_al/Ol2 YIC~' I`-aP~f7ac~" d~ 9~I S~~' ~'71~~~i~.~4L~ NOTAR:IT PUBLIC DRAFTED BY: City of. Prior Lake O~PAY A ~~ ~ ~ 1~1 /vl I S 5 I.d~/ ~ ~f ~IdP~ S .' ~, a. ~'Z, 4 l ~ 464b Dakota Street SE 2, G~ Prior Lake, Minnesota 55373 . ~ ~ SHAWN M. ~ RUPNICK h~... F 1N1S _ .~ r~` ...~ t ~ r ,~'r ~,~~~ ; ~ ~~ ~~ ~,p ~.. Pugs 31 U z_ J~ J_~ 2 LL ~ ~ 0 S e` ~ y . ~ W w ~~ - ~ m ~ c ; 7 $ 7 _ € ~ .s ' a =_ a ~ ~ , ~ ~ m a a~ o ~ r ~ e N G - = _ " "e ~ o _ 3 _ Z - ~ ~ S a u _ Q ~ O SZ ~ U ~~ 9 a y - ~~ ~=y F T - _ o~~ a3 _ - ~q T~ a ' e„~ ~ e ° =;ep~ =' ~ u _ _ E r - `tea `c5 rv ' Q ~ d ~ 3iu ~ .~ .E Q .' ~ i.~ n U u-_- _ - ~ Z U O e ~ .S ac eta n£ z F . ~ _ `j m -- 4 e ~ VJ 9 .. - ~ ~ '"" _ <" y ~ _ E e 5 .] .5 y _" §_E u$cv`_ ` _ U $ ~~y s a . 5 ~ S i e F z~L 6O _~' ~~ a2 Y F s y`~uO evo __ ~u a _- u u ~ °_E8 `a__ N F of - d8`. ` _ 5 _.cn _ _ _ _~ ___ ~ _ .y.o `yt: _ e`5 EZ _- oy~m~ o .5a ~_a~ Z z_Zv=:r ~_ ~~ _ _^ES~~ a `_'-~~._'~".5~~ ~ `~-n ~~'? o` °a ~~ L 5 "d z _ = ~ d V. n.SCC..eS ~.y E _ . _ C N$ =a s~r g_ 5 - `229 _ _ ~~ c`u uW Eu'v ~' 3_°Y = - _S ~~ €? c'v'e E._~b. `e ~o~Ev %.'6u c_`n v N~_ou = _- e~~ c c a_ Zo`gZA_ - ~'Eg OC~p .~. mE --oe~~- -ZZ°~'~ .`i oE9u -9 `~ Uu - _c mN ~'Eo ~ =aWr°_.e .. _w 2 EN ~ _t''~ u `~~ 'off _ o= Ei .~E~92"e_ E E~~°~@N ~~~ _ c - _ -_ _ ~z'' - ` =$'=o~ _ _ _ _ - u_ ~ _ nn ~tloZ _ycu~c _ O_.-`c~u~€ - o_ - o z'u cc3 ~~ _ ~p J p = _ u. . o_ .~`t 3 E < ~o° ~2 ~r v a EXHIBIT A 1 w?~- I ~ 0o-1 €°aQ 2 1 ~ ~+ ~~ o~~ _o o~ I ma~o /'yO/~y-~ L'.L/'~ fvf^J VJ U .a : c~~a~s ox ~' . 1 fi- aW .~ ~x I "mI 1-__. ~~ nri €\° -~ ~ o ~.- ~ V T`'~°` ~, ~` / a~~~:.~ Y,.' '~~~ti~t Arv g a; i /r v /;' / 7,. / / „ _.. %4 W z ~~' f- '~ ~ w I c Q F ~ ~m :;S° I . -~ ;. 1 `I I I n I z 1 i a99 i I ei~3x 3w ~0 3~£,Saox68N~L0~Zb~£ i s~ i i 3~ ss i 2,eti, --= 1 µac. mn .~~ ~ __ . a ~ z .,, i ~,.- • i {-., s " ~ i, i o ~I I ~ ti ~0 I~ k~ i ~ 1 cR ~ ~ Ie x°" i IR ~ 1 1" 1 ~ ~ ~ i ~ i Y I i ~ o ~ 1 ~ U 3, i J ~I a, ~~ ~~ o ~n o~ 1 ~ ml ~~ J vi! i i ti I~ 1" , i', i r w r m~ 1 ~ •. i 1 Y ~6? i 1~ i ~ ~`~ 3 oc<s.sex'•, ~ ac%e~sei oo~OSi 1 s~'ww vn' "e - _ w I I; -- . IRW I n o R~ (o33a Ssaul a.c (m )si n 3a i 3 ~Ip los nlnl i inn~~ 1 1 ^-~ini~n m3 a . T .cc.sucex ass az~ - o~ ~~ N ~ °oa M e ~./ g x <I Q'. W fJ _ ~~ ~~ < ~- ~- C~ ~~ <\ U) C] Y' I . 1 ~, io W I'p ~a Ig z I: F I~ a 1~ 1 y I I I /a i 1 i i; k; I; II ~~ ~_ `~ ~~ - I c~ o ~ F- F~ L ~_ .~ ~~~. _~ ~ '~_,PJ_„ < ~ ,# r- 1 l/J ~~ ~ \~ ~ '` ~i~~ ss I L~ _~ I C~ ~ J, ~- as "-I-.. YF ~Ao a " ''~r g~~ ~..<c.a4eex usse~ x ~ ~;~~ -ij3 / € ~QO / p~ N m / 9S~<<s9S J .i ne w " ` m ~ e p~° & ew ~. a n ~ m eiun:,"~~ SBS ' €a e .~ ,~ __ _ _ e fil 8£L m ~ ~ tme ~e a i r p s m ti° ~ ^,oe c ~ y ~' i a9 I / , i V-Q %~ - / ?Q~ ~~ ~ 0 I I i G 'h w ~ ' Hers a ~.. I H" ~ 3 ~~ ~ / ---~ -- - ~ 1 I U ~ j / y ~4 I > i cam ~ / ______ ___ y `~j ~ C ` ^/ n , _ ,j ;ji lj` f / n c , P ~ -... ;o F~~~ ~ ~ , F `/ ~ ~ e ` ; ~~ ~ = e i I p oc N ~ W o / m U / NM d ~ / / m' 7 s; ~~ ~- ~ ; o M ,_ / ~ __ ~~_ .•,. ~ I N I I i ~.~:'1 "4y~'~epa EXHIBIT "B" SAMPLE IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Prior Lake 4646 Dakota Street Prior Lake, Minnesota 55372-1715 Dear Sir or Madam: We hereby issue, for the account of Name of Developer~_ and in your favor, our Irrevocable Letter of Credit in the amount of $ ,available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ,dated , 20_, of Name of Bank~• b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at Address of Bank) , on or before 4:00 p.m. on November 30, 20 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least forty-five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its Page 34 EXHIBIT "C" SAMPLE CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Prior Lake 4646 Dakota Street Prior Lake, Mirmesota 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: Insurance Company: ()Claims Made LIMITS: [Minimum] Bodily Injury and Death: $1,000,000 for one person Property Damage: $500,000 for each occurrence -OR- Combination Single Limit Policy COVERAGE PROVIDED: Expiration Date: OOccurrence $2,000,000 for each occurrence $1,000,000 or more Page 35 Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: 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: Insurance Company: (~ Any Auto LIMITS: [Minimum] Expiration Date: Bodily Injury: $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 THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative Page 36 ~~I®~ ~~~~~ ®~~9~f~ Bescripti®n C~uanity Unit Unit Price Am®unt 12" RCP 489 LF $ 25.00 $ 12,225.00 18" RCP 13 LF $ 29.00 $ 377.00 18" FES 1 EA $ 1,000.00 $ 1,000.00 27" CB 1 EA $ 1,450.00 $ 1,450.00 4' CBMH 5 EA $ 2,100.00 $10,500.00 C1.3 RIP RAP 6 CY $ 70.00 $ 420.00 ~ $ 25,972.00 ~ ~~®6"IITE ®~S1~~9 W~~I~~ {~~®~ ~~°®~1 ~19~®~~H~ i3escripti®n Quanity Unit Unit Price !gym®unt 12" RCP 52 LF $ 25.00 $ 1,300.00 15" RCP 404 LF $ 27.00 $ 10,908.00 18" RCP 98 LF $ 29.00 $ 2,842.00 21" RCP 13 LF $ 32.00 $ 416.00 21" FES 1 EA $1,200.00 $ 1,200.00 2' x 3' CB 1 EA $1,450.00 $ 1,450.00 4' CBMH 7 EA $ 2,100.00 $14,700.00 C1.3 RIP RAP 8 CY $ 70.00 $ 560.00 $ 33,376.00 EXHIBIT D OVERSIZING ~~~ ~~~~ Description Quanity Unit Unit Price Amount Remove Concrete CPG 170 LF $ 5.00 $ 850.00 Concrete Apron 1116 SF $ 8.00 $ 8,928.00 B-612 Conc. C9G 155 LF $ 11.00 $ 1,705.00 6' 4" - 3000 PSI Conc. Sidewaik 4560 SF $ 4.00 $ 18,240.00 Sawcut 245 LF $ 5.00 $ 1,225.00 Remove & Dispose Conc. C9G 180 LF $ 5.00 $ 900.00 ~ $ 31,848.00 ~ Description C~uanity Unit Unit Price Amount Draintile 90 LF $ 8.00 $ 720.00 Special MH 1 EA $ 3,500.00 $ 3,500.00 Connect to Exist. 1 EA $ 750.00 $ 750.00 12" RCP 30 LF $ 25.00 $ 750.00 12" RC Apron 1 EA $ 700.00 $ 700.00 CL.3 RIP RAP 4 CY $ 70.00 $ 280.00 $ 6,700.00 ~®0~~ Grading 4.19 AC $ 2,000.00 $ 8,380.00 Sanitary Sewer Cap 4" Services 4 EA $ 500.00 $ 2,000.00 I' Description Quanity Unit Unit Price Amount Remove ~ Replace Conc. C&G 356 LF $ 20.00 $ 7,120.00 Remove & Dispose Asphalt Pum't 584 SY $ 5.00 $ 2,920.00 2" Bit Base 584 SY $ 6.00 $ 3,504.00 Bit Tack 30 GAL $ 3.00 $ 90.00 1.5" Bit Wear 584 SY $ 4.55 $ 2,657.20 Sawcut 120 LF $ 5.00 $ 600.00 L$16,891.20 ~ EXHIBIT E EXHIBIT "F" TO DEVELOPMENT CONTRACT CONDITIONS OF PLAT APPROVAL 1. A current title opinion or commitment of title 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 submitted to the following scales: 1" = 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 November 17, 2009, will render the final plat null and void. Page 39 Rig 10 09 l0a~lp DISTINCTIVE LRfVDSCRPES (6511 460-4070 pal ~DISTI NCT i~/E LANDSCAPES ~" ~ _ ~~ ~ , o ~~ IINCs o,~~ 3936 240th Street West Farmington, MIN 55024 ~~~~ ~ 651) 460-4101 Landscaping EstirYtate Ruh 10 09 10;23p DISTINCTIVE I_RNDSCRPES (6511 460-40°70 p,l ®ISTINCT IVE I~ ~ ~ ANL~SCAPES ~r o ~' IIr~Ce ~~ 3936 240th Street West Farmington, MN 55024 ~~~~L~651) 460-4101 ~andseaping Estimate QUAN. SIZE ~ UNPLANTED PLANTE® ~~ ~ ~ ~~ 0' ~ ~ ~~~ ~ h -7 ~ cJ"is ~~rC~~ ~ilti- ~~~' ~~ c , ~ ~' ~'l.,J~ ~~ ~~ ~ ~ ~ ~~7z~ ~- ~~ TAX TOTAL Name: ~ ~ ~ L Date: ! _ Address: ~i '~"~~ City: _ ~~~ i~ Home # office # ~~ f ~=~ `~ ~~~' "'