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HomeMy WebLinkAbout4C - Matson Addition MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MARCH 6, 2002 4C JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR MATSON ADDITION History: On February 5,2001, the City Council adopted Resolution 01-12, approving the preliminary plat for Matson Addition, on the property located on the north side of Centennial Street, west of Candy Cove Trail and south ofCSAH 13. This plat consists of 0.94 acres to be subdivided into 2 lots for single family residential development. Lot 2, Block 1, is the site of the existing dwelling. Lot 1, Block 1, is the proposed site of a future dwelling. The proposed lots meet the minimum lot area and frontage requirements for the R-1 district. Lot 1 is 18,120 square feet with 86 feet of frontage, and Lot 2 is 22,860.61 square feet in area with 108 feet of frontage. 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 approved preliminary plat. All of the preliminary plat conditions placed have been satisfied. The Issues: This Development Contract is based on the recently adopted standard development contract; however, it is somewhat unique in that there are no developer installed improvements required, so no Letter of Credit is necessary. City charges for parkland dedication, collector streets and storm water management are detailed in the attached development contract. Conclusion: A copy of the Development Contract is attached to this report. Staff will be available to discuss the details of this I:\02files\02subdivisions\02final plats\matson add\matson cc.doc Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: Development Contract with the Council in the event there are questions. RlJdgpt Tmpnrt. Approval of this final plat will eventually allow construction of one new single family dwelling, which will contribute to the City's tax base. The required development fees are deposited into the appropriate City accounts. The City Council has three alternatives: 1. Adopt a resolution approving the final plat for Matson Addition and the Development Contract. 2. Deny the resolution approving the final plat and development contract. 3. Defer this item and provide staff with specific direction. A motion and second to adopt a resolution approving the final plat for Matson Addition and authorizing the Mayor and City Manager to sign the Development Contract. 1:\02files\02subdivisions\02final plats\matson add\matson cc,doc Page 2 O~;,1A RESOLUTION 02~ RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF "MATSON ADDITION" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. MOTION BY: SECOND BY: WHEREAS: on February 5, 2001, the City Council approved the preliminary plat known as Matson Addition, subject to conditions identified by Resolution 01-12; and WHEREAS: the City Council has found that the final plat of "Matson Addition" is in substantial compliance with the approved preliminary plat for Matson Addition; and WHEREAS: the City Council has approved the final plat of "Matson Addition". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The final plat of "Matson Addition" is approved subject to the conditions set forth in this resolution. 3. The final plat of "Matson Addition" 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 be 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" = 800'; 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 be submitted. e. The developer 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 June 6, 2002, will render the final plat null and void. Passed and adopted this 6th day of March, 2002. YES NO Haugen Haugen Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1:\02fi1es\02subdivisions\02final plats\matson add\resolution.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 11lACT H 30 I Location Map 11lACT 8 R L. S. 72 1 0'" ,'" ~ ,$.... ~ <;",.,."- Cp..BL~ fIRS" p..DO'N :",. <v~'t' , (j<V~-<; , l?-Q{) CCU<TY RCWl .. COUNTY RCWl .. ac 1072 II [:mJ rnTI ov. ~ <?"J- ~'O '!?-<() ;-l. ,.~ ,Q.; Sf.PAl.L BROOKSVILLE \ HILLS 6TH E\lANOBJCAI. o 30 60 Feet + r i r FI I 11 .h Iii F It ~1 I ~ . 2 t .. 2 i J B , '" t .. - i ! ! i ~1I II l I i .. 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("l (~l ::1 ~1 ~ ~ ~ Ul o Z > U U 1--1 ~ 1--1 o Z DEVELOPMENT CONTRACT MATSON ADDITION PROJECT #02-33 This DEVELOPMENT CONTRACT is entered into this 6th day of March, 2002, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Gary Matson (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: 1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat for Matson Addition (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 [mal Plat. 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page I 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. 01-12, dated February 5, 2001, approving the Preliminary Plat for Matson Addition. 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 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 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 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 2 the written terms of this Development Contract, the more specific or stringent controls shall apply. The Plans are: Plan A -- Final Plat Dated February 1, 2002 (Prepared by Probe Engineering Company, Inc.) Plan B -- Final Grading, Development, and Erosion Control Planes) Dated February 1, 2001 (prepared by Probe Engineering Company, Inc.) Plan C -- Tree Preservation and Replacement Plans Dated February 1,2002 (Prepared by Probe Engineering Company, Inc.) Plan D -- Landscaping Plan Dated February 1, 2002 (prepared by Probe Engineering Company, Inc.) All plans set forth above are incorporated herein and made part of this Development Contract. 7. DEVELOPER INSTALLED IMPROVEMENTS. There are no Developer Installed Improvements associated with this Contract. 8. 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 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. 9. 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. 10. 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 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 3 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 23 shall not apply to notifications to the Developer under this paragraph. 11. 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. The lot shall be graded at the time a building permit is issued for the new lot. 12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading IS restricted to Centennial Street. 13. STORM WATER MANAGEMENT FEE. The Developer shall pay a storm water management fee of $1,236.00 prior to the City signing the final Plat. The amount was calculated as ~ J:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 4 follows: 0.42 acres at $2,943.00 per acre. This calculation was determined by the Trunk Storm Sewer Fee Determination Study adopted by City Council Resolution #01-03 on January 8, 2001. 14. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary sewer and watermain trunk area charge of $0.00 shall be paid by the Developer for sanitary sewer and watermain trunk improvements prior to the City signing the final Plat. The amount was calculated as follows: 0 acres at $3500.00 per acre. 15. CITY-WIDE COLLECTOR STREET CONSTRUCTION CHARGE. This Development Contract requires the Developer to pay a City-wide Collector Street Construction Charge of $630.00 for collector street improvements prior to the City signing the final Plat. The amount was calculated as follows: 0.42 acres at $1500.00 per acre. 16. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an amount of cash or land or a combination of both as established by the City. This calculation was determined by the Park Fee Study adopted by City Council Resolution #01-10 on February 5, 2001. The required amount of dedication of land or cash payment shall be determined by the provisions of Section 1004.1000 if the City Subdivision Ordinance, or by the fee scheduled adopted by resolution of the City Council. The fee shall be paid prior to the City signing the final Plat. The Developer shall provide the City with a warranty deed for any land described as an outlot or a lot rather than park on the final plat. This Development Contract requires the Developer to pay a Park and Trail Dedication Fee of$I,685.00 prior to the City signing the final Plat. The amount was calculated as follows: 1 unit at $1,685.00 per unit. 17. LANDSCAPING (Sinf!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, 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 5 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. 18. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, and to the provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial guarantee of $0.00 based on an amount equal to 125% of the estimated cost to furnish and plant the replacement trees. 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 oftrus period, all of the required trees are alive and healthy, the entire Security may be released. 19. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee of$3,551.00 for City Development Fees. The amount of the cash fee was calculated as follows: CITY DEVELOPMENT FEES: Storm Water Management Fee $ 1,236.00 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 6 Sanitary Sewer and Watermain Trunk Area Charges $ 0.00 City-Wide Collector Street Construction Charge $ 630.00 Park and Trail Dedication Fee (ifin lieu ofland) $ 1,685.00 TOTAL CITY DEVELOPMENT FEES $ 3,551.00 20. 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 Y2 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 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 7 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. 9471.425, Subd. 4a.) 21. 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 Paragraph 10 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. 22. 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 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 8 Development Contract. With respect to this paragraph, "material provision" shall be construed broadly to offer the City the fullest protection and recourse possible. 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 23 of this Development Contract, may take anyone 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, including those lots sold to third parties, 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. 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 othervvise limit the City in any manner. ~ 1:\02fi1es\02subdivisions\02finaI plats\matson add\development contract.doc 2/22/02 Page 9 23. NOTICES. Whenever any paragraph in this Development Contract, with the exception of paragraph 10, requires Notice to be provided to the Developer, the notice shall include the 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: Gary Matson, 16182 Evanston Avenue SE, Prior Lake, MN 55372. 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. 24. 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. 25. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have no tecourse against the City under this Development Contract. The Developer agrees that any party 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 10 allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the 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. 26. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run with the land. The Developer, at it's sole cost and expense, shall record this Development Contract against the title to the property within: ninety (90) 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 harmless for any breach ofthe foregoing covenants. 27. 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. 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. 28. MISCELLANEOUS. ~ 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 11 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 ofthe 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. 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. ~ 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 12 CITY OF PRIOR LAKE (SEAL) By: Jack G. Haugen, Mayor By: Frank Boyles, City Manager DEVELOPER: By: Its: 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 ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by NOTARY PUBLIC 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 13 DRAFTED BY: City of Prior Lake 16200 Eagle Creek A venue SE Prior Lake, Minnesota 55372 ~ 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 14 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 ofthe subject property owned by them. Dated this _ day of ,20_. STATEOFMINNESOTA ) ( 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 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 15 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 of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 . 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 16 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 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 17 EXHIBIT A H[ - I li' i i; qa . i I i n_ Ii ..~ ! Ii i ::;!01 , !$ t 1;11 ! ! . \I~ iiil i \Ill ~ I r I~ " i g~ I I J I "% J!flu} ! .~ I I l 11&1 1 (I i ~ "!1 !l I II liL!I'( l~ Il% f I ~ . Hli I ~ I ,I II = I j !; 11iHr'l = III ~ I tisl I i .! I: ..( % % ) I 1 I i ! E I ii J. b.' 1 I = f I .. i t till I II "I~fl 5 . "I ~ I 11 ihll(i I i r .. I hI} I ~ I II ill t I ~ I ::;! i ISi) I r II JilIIl) i i " I III . I I I J I ~ I I }!I I if 111.1 I . i J ~ II 1; I "1% I t . l~ "%n~i J I ~ h t it J r i I .. i i !li"H I f t I .. i f f i ~l III I 8 10.';11"' I I ! I r I ! ! ~ i ;i I ~ lip" r " I l..i Q rf' J I I J I h Hi ~ mil i J 1 I .. s.. J t i 2 Ii ils .. I IHII~ ~ I " 1 I . I'J f i % f , fn 9 ~I Il U s~~ ~J Il i i t J i !I If ~ tll I. l I %Ilil. I " i H Ip" % f H . i . j . . " i: Ifi r .. "%11 ~ I . , r il i il i i %I'la" f s . 1.1 . i f Il t 'i II: IJI" . I r I u , I %fh I r Il I I I .}I Il i 1"1(' I l i i J I I I i hl I Ij1i'o I i " I r I r f I f J g I . (. !!I - " " Ii.. % 8.. I .I:~ ~ '~~"'\" /:~~;::::" '\~C~): ,-, ...., 1tJ~l...\''',':- '~':' 'J~") "t ..<:k " \~I_:.: 1 \<~ , , i!; ,-,.iJ'li plllU.U.n WlTHoIiNDDISlAHl' .,ar \ [,\iT 01 1Hf. .51 L'" OF tM( i( 1/. 01 ,.... IW 1/. HOO"II"I" I -. 0.'0 -;1 ..r--------------~~.. ~i 1 I tIl !I I 'i~ ~~ lb' I j, :t1 1 I () ~,I;;. :~j ;::i I ::<: ~. ~~ ..- i ~!l:~-~-m- l::f i ~ I' I ~i 1_ _I ~ N I ~ '>' "I J:l 1.::1 I . I I k I ~L_ _________ ~.O./ l\' t ;.i!;~ ~ l!: N o ).:. n C:J ~1 210.10 SO"DO'm'" . 0 co CVlO ~~ ?~~ -:0 ~8 ~~~ U'l~ Vl~~ In 0 OX f"\Z:D ~~ *~-S a CIa "" ",,,,' Z rr\ \ i:~ r\ OJ' t..' tp~ . r=;:. ~c I I~J-~ I_} ij=_~ ~, r"-", c e' , , I , , I , I , , I ~8~ ~~5 '" ,....~ ~~~ ~i~ ~::!;\ ~.!-":r ~::o'" 5~~ ~~, '" " ~ ~ .. ::i .'.f ,', ,', ~ 0> 1-3 Ul o Z ~ tJ t:J ~ ~ ~ o Z EXHIBIT "B" 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 be 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 June 6, 2002, will render the final plat null and void. 1:\02fi1es\02subdivisions\02final p1ats\matson add\development contract.doc 2/22/02 Page 19 RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF "MATSON ADDITION" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. MOTION BY: SECOND BY: WHEREAS: on February 5, 2001, the City Council approved the preliminary plat known as Matson Addition, subject to conditions identified by Resolution 01-12; and WHEREAS: the City Council has found that the final plat of "Matson Addition" is in substantial compliance with the approved preliminary plat for Matson Addition; and WHEREAS: the City Council has approved the final plat of "Matson Addition". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The final plat of "Matson Addition" is approved subject to the conditions set forth in this resolution. 3. The final plat of "Matson Addition" 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 be 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" = 800'; 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 be submitted. e. The developer 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 June 6, 2002, will render the final plat null and void. Passed and adopted this 6th day of March, 2002. YES NO Haugen Haugen Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1:\02files\02subdivisions\02final plats\matson add\resolution.doc Page 1 16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1llACT H 30 Location Map 1llACT B RI...S, 72 1 Of>; '" ,'> ""'" #" ~.f c,,,.t" C,t>.BI..E fIRST ,t>.DO'N l.,. <v~~ , (j<V~'\ ~Q<j Location of Matson Addition ca.MY '""" .. ca.MY ROAD .. ac 1072 II ~ [;LID 0<< ~ <?..J- .;,,~ ~ ;-I. r~ ,Q.: ST. PALl. BROOKSVlLLE \ HIll.S 6TH e1A><lB.JC-'l. o 30 + 60 Feet f j i FI I J1 .h .ii F 11 J1 I i 5 I i " 2 n 1 i g I I ! " - i J l . I f I j i f ~i I ! 1 " J ~ B ~ I 8 j I I i i : j t j i I ~ i B I I' I I .f .f " " i .. 11 ~I II I t e I g i i I t ~ i 1 i i . . ~ ! ~ in J H Ii ~ I I i s I i " " I .. . . I t ! II .f " Ii' I~ !~ ..~ B ~ f ; I ~ III i II F l~ ~ H )> i ~I r ~ III&, '.~ > I ~ ~~ I Be. ~ n- O ~ Ii ! ;1 Ii I ( I -s~ I!l ii o ~~~ ~~8 "')>m ;0'" 0:>< -<m- :1:0'- m '" "'''' . ;1;-<", ~c-< 0- ",m. :r Z . ~~~ . ~2 ~'" ~~ "'c -'" <om OZ .g:-l . co zm -:0 :;;;s "'-< ",m '" m 0 ,...Z:D ~'S 0(;10 "! . -II:D ~- ~IZ'P'- --- .n_.n_,"'" l~I:'; ;-~:1~~:j ~ ill (ft. r W - c.' I H t?' ~ 8 l r. . If; :r"'-< )>m:r ",om =' H~ ~.~~ ~i~ ~. ~ lD-'" ~y.~ ~:nf'Tl ~~~ ~r::;-::: '" . '" 0 ~ .., ~ r-,. LINE "MAUll. WItH AHD 0IST1lH'I "S fID fAST rx TH[ wt:$1 llPll or IHI: Sf: 1/4 or lH[ $II 1/4 \ ' HocrU'31-S i;; 0..,0 ;;:S "1- - - - ----- - - -"""~-I'" ;i I ~ ii~ I i" r,~ I 0 ~l I _~ .~, .~ I ;;~ --i : R ~& ~i :r; - - - - - --- ,.J'o II \ i :~1 110 3~ ;~ I i8:l AI I ~ 1- I~ I I I I ___...J'O./ i g~ ~ ziil i :10 <l 1:, t I s 0 i ' I i i I .f .. ~f ~ Ii l 'I ! j i r I I- I I I I I I I I . I : ttl : I I I I I I I I I I I I ~'i I ,~i - I ~~ ~ I gl I - I 'OL n II J( -, Ii qa ii~} fll~ "if' i'i . IpI tIll hi! is;! I!I It gir I I I..; H~ JiB ~ll~ I i Ifl ..1 fl~ "II bl Ii.. i 011I 'S g ~~ !I i A Il; I I ~ E ~ i ~ f E I ! I I I I ! i I ~ ~ t ! I .f .. 'J ~ IiI ~ i E 4 I~ r ~:"t- t\). 1'';'~ ,'_/" ,...... ~~;.{... ~~(~\:~:_:../:.. '~;l'~;~ '" 210.'70 80"00'07'" .~......, <J>'i I , I , , I , , I , , I if ..~ il (> ,~ "I Jlfl~li ! s~ !i liL!hll ~~ ,; Ilil~f.fi i I! ~ f "ii f ~ ~t r! lH',I, I ;, if sf! '<lit ~ 11 i,~WI",h I i It 1l':ll11" II J.!I.i! II f ~J ,rH~i 4 ~ niiH ( f B h~"U" I " ~iPii i i i mlh ~ I j fUII~! I I (H!lt i I i "1,lh" I i IfJlil [ ~ f~ii!.i I i i 011111' i ~hHr~ f ih~J" ~ . ~'.I.I 0 r 8.. I ~ )> n C) ::1 h1 "'- ~ 0> t--j Ul o Z 0> U U 1--1 ~ 1--1 o Z DEVELOPMENT CONTRACT MATSON ADDITION PROJECT #02-33 This DEVELOPMENT CONTRACT is entered into this 6th day of March, 2002, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Gary Matson (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: 1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat for Matson Addition (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 fmal Plat. 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 1 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. The foregoing restriction on the Developer's "Right To Proceed" does not apply to grading or other approvals set forth in Resolution No. 01-12, dated February 5, 2001, approving the Preliminary Plat for Matson Addition. 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 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 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 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 2 the written terms of this Development Contract, the more specific or stringent controls shall apply. The Plans are: Plan A -- Final Plat Dated February 1, 2002 (Prepared by Probe Engineering Company, Inc.) Plan B -- Final Grading, Development, and Erosion Control Planes) Dated February 1, 2001 (prepared by Probe Engineering Company, Inc.) Plan C -- Tree Preservation and Replacement Plans Dated February 1,2002 (Prepared by Probe Engineering Company, Inc.) Plan D -- Landscaping Plan Dated February 1, 2002 (prepared by Probe Engineering Company, Inc.) All plans set forth above are incorporated herein and made part of this Development Contract. 7. DEVELOPER INSTALLED IMPROVEMENTS. There are no Developer Installed Improvements associated with this Contract. 8. 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 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. 9. 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. 10. 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 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 3 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 23 shall not apply to notifications to the Developer under this paragraph. 11. 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. The lot shall be graded at the time a building permit is issued for the new lot. 12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading IS restricted to Centennial Street. 13. STORM WATER MANAGEMENT FEE. The Developer shall pay a storm water management fee of $1,236.00 prior to the City signing the final Plat. The amount was calculated as ~ 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 4 follows: 0.42 acres at $2,943.00 per acre. This calculation was determined by the Trunk Stonn Sewer Fee Determination Study adopted by City Council Resolution #01-03 on January 8, 2001. 14. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary sewer and watennain trunk area charge of $0.00 shall be paid by the Developer for sanitary sewer and watermain trunk improvements prior to the City signing the final Plat. The amount was calculated as follows: 0 acres at $3500.00 per acre. 15. CITY-WIDE COLLECTOR STREET CONSTRUCTION CHARGE. This Development Contract requires the Developer to pay a City-wide Collector Street Construction Charge of $630.00 for collector street improvements prior to the City signing the final Plat. The amount was calculated as follows: 0.42 acres at $1500.00 per acre. 16. 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 Development Contract requires the Developer to pay a Park and Trail Dedication Fee of$1,685.00 prior to the City signing the final Plat. The amount was calculated as follows: 1 unit at $1,685.00 per unit. 17. LANDSCAPING (Sinf!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, 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 5 boulevard, and side yards to the rear of every structure on every lot prior to the issuance of the final certificat.e 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. 18. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, and to the provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a [mancial guarantee of $0.00 based on an amount equal to 125% of the estimated cost to furnish and plant the replacement trees. 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 may be released. 19. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee of$3,551.00 for City Development Fees. The amount of the cash fee was calculated as follows: CITY DEVELOPMENT FEES: Storm Water Management Fee $ 1,236.00 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 6 Sanitary Sewer and Watermain Trunk Area Charges $ 0.00 City- Wide Collector Street Construction Charge $ 630.00 Park and Trail Dedication Fee (if in lieu of land) $ 1,685.00 TOTAL CITY DEVELOPMENT FEES $ 3,551.00 20. 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 l12 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 J:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 7 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. S471.425, Subd. 4a.) 21. 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 Paragraph 10 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. 22. DEVELOPER'S DEFAULT. A. Definition. In the context of this Development Contract, "Event of Default" shall include, but notbe 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 J:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 8 Development Contract. With respect to this paragraph, "material provision" shall be construed broadly to offer the City the fullest protection and recourse possible. 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 23 of this Development Contract, may take anyone 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, including those lots sold to third parties, 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. 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. 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 9 23. NOTICES. Whenever any paragraph in this Development Contract, with the exception of paragraph 10, requires Notice to be provided to the Developer, the notice shall include the 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: Gary Matson, 16182 Evanston Avenue SE, Prior Lake, MN 55372. 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. 24. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council, agents, employees, attorneys and representatives hannless 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 hannless 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 ofthese individuals. 25. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have no tecourse against the City under this Development Contract. The Developer agrees that any party 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc Page 10 2/22/02 allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the 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. 26. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run with the land. The Developer, at it's sole cost and expense, shall record this Development Contract against the title to the property within ninety (90) 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 harmless for any breach of the foregoing covenants. 27. 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. 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. 28. MISCELLANEOUS. ~ 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 11 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. 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 provlSlons. F. Jurisdicition. This Development Contract shall be governed by the laws of the State of Minnesota. ~ 1:\02files\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 12 CITY OF PRIOR LAKE (SEAL) By: Jack G. Haugen, Mayor By: Frank Boyles, City Manager DEVELOPER: By: Its: 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 ) ( 55. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by NOTARY PUBLIC 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 13 DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 ~ 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 14 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 20_, by day of NOTARY PUBLIC DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 1:\02fi1es\02subdivisions\02final plats\matson add\development contract. doc 2/22/02 Page 15 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_ STATEOFMINNESOTA ) ( 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 '. 1:\02fiIes\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 16 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 Avenue SE Prior Lake, Minnesota 55372 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 17 EXHIBIT A I' ~~ I I> I~ = 2 lJfr'f ! .~ il li1)lri l~ h IIHLli ~ " ~ I~ -U' m iI Ji~~!~i f ~ 41 nli',. I ; Ii l~tl! i! i }! iih)l} j 3, il hilaI I J; Hn~1 J ~ ~lliH r f s lo.i.lI. I i iiJlii I i i ;!lllh i J J I!P~ ~ 1 I if';!i~ i I f . o,h ~ I i ,'i!!i! i I ~ ~hli j , I il"II' I ~ (i hI; ~ i..l(ff . , . .8.~ i i . 11 I f ! i i. ~ ! i i I i a Ii ! . i n_ S' ~E t IH j I II I I I i I · , ! f r I J . Ii' I~ !~ .~ 8 ~ I I I g III III " 1~ ~ I~ > i d i i ;; 5 ~i i ell. ~ H i'J if I: If . i [ [ i ~; f ~P: i ~; I I i I I ! I J . iif I J1 .h .il F sl 's . I f . , t . , I i I J I J . - I J qa liH fl&~ .il' 'I . IpI t}11 hI) ili) I:, It ~I~ I.; Ii~ liS n :i~ if II~ I 1.1 ~i II: Ii oil ~"l d H. I J } i f lli Ii . ~ I ~ I B , ~ i I I : ~ J I I i i : i} fn i K' j~ · I i:i . j : i i . ~ ! Iii t I I ! J . . } i l!1 II 1 I f l 'I II Il ~ 1:'1 i 1 .. I J . i r I 'I II I! I I 'l 'I i J i III r i s. f j I ~ f ~ ~ t-3 Ul o Z ~ t:) t:J ..-.t t-3 ..-.t o Z l! I II l . I f ,J'~ ,SI., ~~"';,~.., (:(,;2>, ~,.... ,.;'...., ..... it) (ft, '\ ......'-;. . r~' ,.;~...) "r .',',.' :;:;. '- ,:'-.).: 1 \<~ , , _.. IJM[ p-..un Wfl'H /I#IIJ _,NIl ..s rm \ UoST OF lttE weSt LM Of 1M( I[ 1/4 or M SW 1/4 "00"11 '31-S y 0 -:1 ,.r- ----------- ~~~.. ;i I tIl H I i~ r- I b '~ II _~;;:1 1 (') ~t I ~l': :..~_i I :>:: ~. ~~ .. .J'. \ ~ :lIi ) T ". c:! ~}.j.: I U: _.... I :i 1- I~ III I I I -110 / r- I I I I I I I I on I I :':: :"':: I I I I I I I t K' . . :t~ t. g ::~ N N o l>. c-: t:) ;1 21Q.'70 SO"oo'0'7'" ..'......, e' , , I , , I , , I , , I . 0 c:o C:VlO F~ ?~~ -:u r;l8 ~~8 VI~ VI)>"" '" "'''' IT\ 0 0,", nZ:D ~5 ~8"5 o ClO "'. ",,,,' s:1~::.'.c--.-'~}; ~;~ ...",T . .......q '"1\- .~'. ~c '"~il Iii ~Io ~ ;.Ih.', 'Ii '- f <~ il :r"'~ ~,":r ",n," ~~5 '" ,."'~ ~~:r ~~~ ;~~ ~~~ ~~VI ~;.,: '-'" '" ~ ~ ~ .. ::l EXHIBIT "B" 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'; I" = 200'; and one reduction at no scale which fits onto an 81/2" x II" 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 June 6, 2002, will render the final plat null and void. 1:\02fi1es\02subdivisions\02final plats\matson add\development contract.doc 2/22/02 Page 19