HomeMy WebLinkAbout9B Combined Preliminary and Final Plat for The Bluffs of Candy CoveJ O` pR10
U 4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 19, 2011
AGENDA #: 9B
PREPARED BY: JEFF MATZKE, PLANNER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WITH FINDINGS OF FACT AP-
PROVING THE COMBINED PRELIMINARY AND FINAL PLAT TO BE KNOWN
AS THE BLUFFS OF CANDY COVE
DISCUSSION: Introduction
Jason Miller has applied for approval of a residential development to be known
as The Bluffs of Candy Cove on the property located at PID 25- 027 - 023 -0, 25-
027- 024 -0, and 25- 027 - 025 -0. The site is located along Candy Cove on Prior
Lake at the intersection of Candy Cove Trail and State Highway 13. The request
calls for the subdivision of the existing common ownership property into three
single - family residential lots.
History
On November 7, 2011 the City Council voted to approve a combined preliminary
and final plat to be known as The Bluffs of Candy Cove and directed Staff and
the City Attorney to prepare a resolution with conditions and findings of fact re-
flecting the basis and rational for the Council's conditions and decisions. One of
the conditions the Council added to its approval of the Plat was to include an in-
demnification provision in the resolution in the event the applicant chooses to re-
move an existing retaining wall on the City -owned parcel which was placed by
the adjacent property owner (owner of Lot 31) in 2002. The attached resolution
identifies findings of fact and conditions identified by the City Council at the No-
vember 7, 2011 meeting.
Current Circumstances
The city staff, applicant, City Attorney and applicant's attorney have spent exten-
sive time reviewing and discussing the approving resolution in an effort to add
clarity and to provide an approval which addresses all issues associated with this
plat.
ISSUES: The attached resolution includes a substantial number of findings and conditions;
including but not limited to the following: (1) a finding identifying six (6) criteria
the Council used regarding the access to the Plat across the City -owned proper-
ty; (2) a condition that allows the applicant the choice of location for the retain-
ing wall but requires the applicant to either pay the owner of Lot 31 for the re-
moval or damage to the retaining wall and /or driveway or defend, indemnify and
hold the City harmless against for any claims or damages sustained as a result of
applicant's removal of all or a part of the retaining wall and damage to or interfe-
rence with the driveway. The deadline for action on this plat is December 31,
2011. If for some reason, the City Council is uncomfortable with adopting the
resolution as proposed then one of two actions are necessary: 1. The petitioner
must grant the city an additional extension, or 2. The Council should adopt a res-
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
olution with findings denying the plat. In the absence of such action the plat
would be automatically approved under the operation of State law.
ALTERNATIVES: The City Council has the following alternatives:
1. Adopt the resolution approving the Combined Preliminary and Final Plat for
the Bluffs of Candy Cove subject to the listed conditions and findings of fact,
and authorize the Mayor and City Manager to execute the Development Con-
tract.
2. Modify the proposed resolution; adopt the modified resolution with findings of
fact and conditions and authorize the Mayor and City Manager to execute the
Development Contract.
3. Defer consideration of this item and provide staff with specific direction if the
petitioner affirms on the record that he will grant an extension of the statutory
approval time limit.
4. Adopt a resolution with stated specific findings of fact, based on the evi-
dence in the record, denying the plat in the event that an extension is not
granted by the petitioner.
RECOMMENDED Alternative 1. A motion and second adopting the resolution to approve the Com-
MOTIONS: bined Preliminary and Final Plat to be known as The Bluffs of Candy Cove and
authorize the Mayor and City Manager to execute the Development Contract.
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -XXX
A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF "THE BLUFFS OF
CANDY COVE" AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT
Motion By:
Second By:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on August 8, 2011 and
continued the public hearing to September 12, 2011, to consider an application from Jason Miller
for the combined preliminary and final plat of "The Bluffs of Candy Cove "; and
WHEREAS, Notice of the public hearing on said combined preliminary and final plat was duly published and
posted in accordance with the applicable Minnesota Statutes and City of Prior Lake Ordinances;
and
WHEREAS, All persons interested in the application for the plat were afforded the opportunity to present their
views, comments and objections related to the combined preliminary and final plat of "The Bluffs
of Candy Cove" for the record at the public hearing conducted by the Planning Commission; and
WHEREAS, The Planning Commission has reviewed the combined preliminary and final plat and
corresponding variance requests according to the applicable provisions of the Prior Lake Zoning
and Subdivision Ordinances and found said combined preliminary and final plat to be consistent
with said Ordinances, including nine (9) variances; and
WHEREAS, The Planning Commission recommended the City Council approve the preliminary and final plat
subject to the applicant submitting a plan for a driveway access that: (1) does not require the
removal of the existing retaining wall on City -owned property to construct the proposed driveway
access to the plat of The Bluffs of Candy Cove; (2) meets the engineering standards set out in
the Public Works Design Manuel, and (3) receives the approval of the City Engineer; and
WHEREAS, The Prior Lake City Council considered the application for the combined preliminary and final plat
approval for "The Bluffs of Candy Cove" on November 7, 2011 and reviewed the preliminary and
final plat application pursuant to the criteria in the Zoning and Subdivision Ordinance; the record
before it and the recommendation of the Planning Commission; and
WHEREAS The City of Prior Lake owns a parcel of property (PID 25- 936- 075 -0) (hereinafter referred to as the
"City -owned property ") located at the intersection of Candy Cove Trail and MN Trunk State
Highway 13 which provides access for two current residential properties and is intended to
provide access for the subject plat; and
WHEREAS Construction of access to The Bluffs of Candy Cove across the City -owned property requires
balancing the interests of the applicant with the interests of the adjacent property, Lot 31; and
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
WHEREAS On May 20, 2002 the City Council passed Resolution 02 -74 approving variances to allow
construction of a single family home on Lot 31, CANDY COVE PARK and a driveway and
retaining wall on the City -owned property; and
WHEREAS, Resolution 02- 74 imposes a condition that "[T]he subject site shall be developed as shown on the
attached survey to ensue additional variances are not required....'; and
WHEREAS, The survey attached to Resolution 02- 74 showed the location of a driveway and retaining wall on
the westerly boundary of the City -owned property, but did not grant the owner of Lot 31 an
easement over or across the City -owned property; and
WHEREAS, The owner of Lot 31 constructed the driveway and retaining wall ( hereinafter "retaining wall ") on
the City -owned property consistent with the condition in Resolution 02- 74 and the survey
attached thereto; and
WHEREAS, The location of the retaining wall interferes with the applicants preferred location to construct a
driveway and appurtenant structures to access The Bluffs of Candy Cove; and
WHEREAS, The applicant and owner of Lot 31, CANDY COVE PARK attempted unsuccessfully to negotiate
an agreement to allow the applicant to remove the retaining wall and grade the City -owned
property to construct a driveway and appurtenant structures for access to The Bluffs of Candy
Cove, according to the applicants preferred driveway design option; and
WHEREAS, The City Engineer prepared two (2) possible designs for the driveway access, for the sole and
limited purpose of illustrating that options for access exist that do not require the removal of the
retaining wall; and
WHEREAS, The applicant's preferred driveway design option provides for: (1) substantially lower and less
expensive retaining walls and (2) leveling the topography, than other alternative design options;
and
WHEREAS, The Prior Lake City Council desires to approve a grading plan for the driveway and appurtenant
structures over, on and across the City -owned property that will best protect the health, welfare
and safety of the public and residents that will meet the following six (6) objectives. The grading
plan must: (1) be in the best interest of the public; (2) be in the best interest of the neighborhood;
(3) promote and protect public safety; (4) minimize and mitigate the traffic noises generated from
vehicles using Highway 13; (5) promote residential development on topographically challenged
lake shore property; and (6) treat the applicant and the owner of Lot 31 as equitably as possible
considering the circumstances; and
WHEREAS, The City Council believes a grading plan that allows for minimal wall height, increases visibility on
Candy Cove Trail and achieves noises mitigation by providing for and maintaining a buffer using a
combination of landscaping and recognized buffering techniques will achieve the first five (5)
objectives set forth in the recital immediately above; and
WHEREAS, In order for the grading plan to meet the Council's sixth (6th) objective, to treat the applicant and
the owner of Lot 31 equitably, the Council believes it is necessary to impose conditions on the
location of the driveway access; and
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WHEREAS, The City Council has the authority to impose reasonable conditions on its approval of a combined
preliminary and final plat.
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 and considered findings that explain and support the
rational and basis for the additional findings, conditions, variance and approvals set forth below.
2) The City Council makes the following additional findings:
a) The property being subdivided to create the Plat known as The Bluffs of Candy Cove was originally platted
in 1921 and consists of five (5) single family lots (Lots 32 -36 Plat of Candy Cove Park) (hereinafter "the
Property" or "the Plat. ")
b) The Property remains in common ownership.
c) In 1999 the City Council passed Ordinance 99 -18 providing that all substandard lots in common ownership
would be combined to create a conforming lot. Lots 32 -36 are each substandard. The Plat of The Bluffs of
Candy Cove creates three (3) lots and grants variances to each lot as described in 4 (d) below.
d) The access to the Property was changed in 1963 when the State of Minnesota (MnDOT) condemned a
portion of the Property for the construction of State Highway 13.
e) MnDOT conveyed a parcel of property remaining after the construction of State Highway 13 to the City (the
City -owned property.)
f) Access to the Plat of The Bluffs of Candy Cove is through the City -owned property. The City must and has
agreed to provide the applicant reasonable access to the applicant's property across the City -owned
property. Reasonable access is access that meets the six (6) objectives setout by the City Council in the
recitals above.
g) The topography of the City -owned property requires significant grading and the construction of retaining
walls in order to construct a driveway access to the Property.
h) Development of the Property is challenging because of its topography, location and the impact of the bluffs
on lot size and setback requirements in the Shoreland District, all of which contribute to creating practical
difficulties that warrant the approval of the variances set out below and other considerations provided for
herein.
i) The City Staff attempted unsuccessfully to facilitate an agreement between the owner of Lot 31 and the
applicant involving the removal of the retaining wall.
j) The existing hill, nearest Lot 31 on the City -owned property, creates a buffer from the traffic noise
generated by vehicles using Highway 13 for residents living on Candy Cove Trail.
k) The applicant's grading plan for the driveway and appurtenant structures involves removing a significant
portion of the hill and may result in increased traffic noise for some properties along Candy Cove Trail
unless mitigation measures are installed to minimize the impact of the hill's removal.
1) The applicant will be benefited by a decision of the Council that permits the removal of the retaining wall
and construction of the applicant's preferred design option because the applicant has represented to the
City that the applicant's preferred design options is the least expensive to construct.
m) If the applicant elects to construct a driveway and appurtenant structures that require the removal of any or
all of the retaining wall or result in damages to the owner of Lot 31's driveway or retaining wall, any
damages, costs, legal fees, expenses or liability that results from the removal or damage to the retaining
wall and driveway should be born entirely by the applicant and not by the City.
n) In order to treat the applicant and the owner of Lot 31 equitably and meet the sixth (6th) objectives the
Council set for itself in the seventeenth (17) recital above, the applicant must either compensate the owner
of Lot 31 for the reasonable cost of the retaining wall removed or disturbed by applicants decision to
proceed with applicants preferred design option or agree to defend, indemnify and hold the City harmless
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from and against any and all claims and damages; including but not limited to: (1) any insurance
deductibles the City may be required to pay; (2) reasonable attorneys' fees incurred directly by the City or
incurred by the League of Minnesota Insurance Trust on behalf of the City; and (3) all costs and
disbursements awarded by a court. If the applicant elects to compensate the owner of Lot 31 the
compensation shall be based on the number of square feet removed or disturbed by the applicant, as
determined by the City Engineer. The cost of the retaining wall per square foot is established at $22.00.
Payment to the Owner of Lot 31 shall not release applicant from applicant's duty to defend, indemnify and
hold the City harmless in the event the owner of Lot 31 accepts payment from the applicant and files a
claim against the City.
o) The City Engineer determined the cost per square foot of retaining wall by reference to the cost of the
retaining walls in the 2011 Street Reconstruction Project and by obtaining verbal quotes from reputable
landscape contractors known to the City Engineer in his professional capacity.
p) The method used by the City Engineer to determine the cost per square foot for the retaining wall and the
cost of $22.00 per square foot are both reasonable.
q) If feasible the applicant and the owner of Lot 31 should renew their efforts at a dialog to negotiate an
agreement regarding the location of the retaining wall, but the approvals and conditions provided for in this
Resolution are not dependent on whether a dialog occurs or an agreement is reached because such events
are beyond the control and not within the authority of the City Council to require.
3) The preliminary and final plat of "The Bluffs of Candy Cove" is approved subject to the conditions set forth in
this Resolution. These conditions shall be met prior to release and recording of the final plat including:
a) The applicant shall address all engineering comments as outlined in the memorandum from the City
Engineer dated October 17, 2011.
b) The following pending variances are granted:
i) A variance to allow a structure to be located in the bluff impact zone on Lots 1, 2, & 3. (Section
1104.303).
ii) A 5 foot variance from the required minimum 5 foot driveway side yard setback for Lots 1, 2, & 3
(Section 1107.205 (1)).
iii) A 25 foot variance from the minimum 25 foot front yard setback required in the R -1 Zoning Use District
for Lot 1 (Section 1102.405 (3)).
iv) A 32 foot variance from the minimum 75 foot lake setback required in the Shoreland District for Lot 2
(Section 1104.308. (2)).
v) A 10 foot variance from the minimum 10 foot east side yard setback required in the R -1 Zoning Use
District for Lot 2 (Section 1104.405 (3)).
vi) A 10 foot variance from the minimum 10 foot west side yard setback required in the R -1 Zoning Use
District for Lot 2 (Section 1104.405 (3)).
vii) A 20 foot variance from the minimum 25 foot front yard setback required in the R -1 Zoning Use District
for Lot 3 (Section 1102.405 (3)).
viii) A 45 foot variance from the minimum 75 foot lake setback required in the Shoreland District for Lot 3
(Section 1104.308. (2).
ix) A 4,923 square foot variance from the required minimum lot area for a riparian residential lot on a
General Development Lake within the Shoreland District (Section 1104.302 (3)).
c) The applicant shall enter into a development contract with the City and pay any required development fees.
d) The applicant shall obtain required permits from all applicable governmental agencies prior to final plat
approval.
e) The final plat shall be recorded at Scott County within 60 days of approval by the City Council.
f) The City will grant the applicant a driveway easement over, across and on the City -owned property subject
to the following conditions:
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i) The applicant shall enter into an "AN AGREEMENT GRANTING A NONEXCLUSIVE DRIVEWAY
EASEMENT AND PROVISING FOR THE USE AND MAINTENANCE OF THE DRIVEWAY
EASEMENT."
ii) If the location of the driveway access involves the removal or disturbance of all or a portion of the
retaining wall constructed by the Owner of Lot 31 the applicant shall: (a) pay the owner of Lot 31 an
amount, determined in the manner provided for above, to compensate the owner of Lot 31 for the
reasonable cost incurred to construct the retaining or (b) indemnify and hold the City harmless for any
damages, attorneys fee and costs levied, imposed or incurred by the City arising from litigation brought
by the owner of Lot 31 against the City relating to the driveway or retaining wall regardless of the
nature of the claim. If the applicant fails to either pay the owner of Lot 31 or indemnify and hold the
City harmless in the event of litigation and /or liability the City shall be entitled to use proceeds from
applicant's Letter of Credit provided with the Development Contract to (1) defend, indemnify and hold
the City harmless, as described in Condition "2n" above or (2) pay the owner of Lot 31.
(1) The grading plan must be approved by the City Engineer subject to the criteria set out in the Public
Works Design Manual and the City Engineer's best professional judgment.
(2) The grading plan for the City -owned property must include a survey, prepared by a Registered
Professional Engineer, describing the location of the driveway access and appurtenant structures,
on the City -owned property and the location of any temporary construction easement that may be
necessary if the work to construct the driveway access will temporarily involve Lot 31's driveway.
The applicant shall pay the owner of Lot 31 an amount equal to the amount the City would pay a
private property owner for a temporary construction easement if Lot 31's driveway is impaired by
applicant's construction. The amount per square foot for the temporary construction easement
shall be established by the City Engineer based on the amount paid by the City for temporary
construction easements purchased by the City on recent projects.
iii) If the applicant elects to locate the driveway access in a location that does not involve the removal or
disturbance of all or a portion of the retaining wall and /or does not interfere with the driveway to Lot 31
the payment and indemnification provisions set out in paragraph 2n above shall not apply. The grading
plan for the driveway access is subject to the following conditions:
(1) The grading plan must be approved by the City Engineer subject to the criteria set forth in the
Public Works Design Manuel and the City Engineer's best professional judgment.
(2) The grading plan for the City -owned property must provide a survey, prepared by a Registered
Professional Engineer, describing the location of the driveway access and appurtenant structures
on the City -owned property.
iv) The indemnification and hold harmless provision in the "Agreement Granting Nonexclusive Driveway
Easement and providing for the Use and Maintenance of the Driveway Easement" shall be unaffected
by the language in paragraph 2i above.
PASSED AND ADOPTED THIS 19TH DAY OF DECEMBER, 2011.
YES NO
M ser
M ser
Hedbera
Hedber
Erickson
Erickson
Keeney
Keene
Soukup
Souku
Frank Boyles, City Manager
SHORT FORM
DEVELOPMENT CONTRACT
THE BLUFFS OF CANDY COVE
PROJECT #10 -122
This SHORT FORM DEVELOPMENT CONTRACT is entered into this 19 day of
December, 2011, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation
( "City "), and Jason Miller, the property owner ('Developer ").
(1) WHEREAS, the City Council has adopted a Standard Development Contract which is
required to be exceeded as a condition of Final Plat approval; and
(2) WHEREAS, the Standardized Development Contract pertains to all land within the Final
Plat; and
(3) WHEREAS, as part of a Final Plat approval, a developer may plat certain land as an Outlot;
and
(4) WHEREAS, development fees are not collected on Outlots until such time as a Final Plat is
approved for the Outlots; and
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(5) WHEREAS, the City desires to provide for an abbreviated form of its Standard
Development Contract, heretofore referred to as "Short Form Development Contract ", which will be used
in three limited situations, to wit: (1) any Outlots are the subject of a Final Plat, (2) no new public
improvements are part of the platting of Outlots; and (3) development fees and other special provisions
apply to the Final Plat of the any Outlot.
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 APPROVA . . The Developer has asked the City to approve a Plat
for THE BLUFFS OF CANDY COVE (referred to in this Development Contract as the "Plat "). The land
is legally described as:
Lots 32, 33, 34, 35, and 36, CANDY COVE PARK, as platted and of record in the Office of
County Recorder, Scott County, Minnesota.
2. CONDITIONS OF PLAT APPROVAL . The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, and record the Plat and Development Contract
with the County Recorder or Registrar of Titles within 60 days after the City Council approves the final
Plat.
3. RIGHT TO PRO D . Within the Plat or land to be platted, the Developer may not begin
construction 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 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, 4) the Developer shall record an easement agreement for access upon the City property, 5) the City
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Engineer or Designee has issued a letter that all conditions have been satisfied and that the Developer may
proceed.
4. DEVELOPMENT PLAN, . 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 plan varies fi-om
the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plan includes:
Plan A -- Final Plat Stamp Dated October 20, 2011 (Prepared by Stonebrooke
Engineering)
Plan B -- Final Grading, and Erosion Control Plan(s) as stamped approved by the City
Engineer (Prepared by Stonebrooke Engineering)
Plan C -- Landscaping Plan Stamp Dated October 13, 2011 (Prepared by Stonebrooke
Engineering)
All plans set forth above is incorporated herein and made part of this Development Contract.
5. DEVELOPER PROVIDED CONSTRUCTION SERVICES The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Constriction surveying
B. As -built drawings of grading plans.
C. As -built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (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.
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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. A copy of all testing documentation must be submitted to the City.
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.
F. Engineering /Project Management
6. BOULEVARD AND AR A RESTORATION, The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establislnnent.
7. 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 fiom 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.
S. HMF. OF PE.RFORMAN E . The Developer shall install all required public
improvements by December 31, 2012. 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.
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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.
A. Prior to initiating site grading, the erosion control plan, Plan B, and Storm water
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 unposed 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 fiill compliance with the
erosion control requirements. The notice provisions set out in Paragraph 27 shall not apply to
notifications to the Developer under this paragraph.
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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.
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 sod line of all buildable lots). It is expressly understood that once silt fence has been installed
it shall become the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by
the Developer's utility contractors.
11. 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 pare
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
fiu notice, %vill 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 time sensitive nature of clean up, the notice provisions set out in
Paragraph 27 shall not apply to notifications to the Developer under this paragraph.
:► ► �
A. The Plat shall be graded in accordance with the approved grading plans. All existing
and proposed contours must be shown and approved as a part of the building permit application. The
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graded plans, as well as the grading and erosion control work shall conform to City of Prior Lake Public
Works Design Manual.
B. As- builts. Before the City releases the Grading Security, the Developer shall
provide the City with an as built grading plan and a certification by a registered land surveyor or engineer
that all ponds, swales, and ditches have been constructed on public easements or land owned by the City.
The as -built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot comers and house pads. The City may
withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer. The Developer shall also
submit a land tabulation certified by a registered engineer showing that all pads have been corrected in
accordance with project specifications.
13. CONSTRUCTION ACCESS, Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Candy Cove Trail NE via TH 13. No
construction traffic is permitted on the adjacent local streets.
14. BETAINING WALLS Each retaining wall over form (4) feet in height shall require
approval of a building permit. Placement of fencing shall be required above all retaining walls over 4 feet
or greater than two tiers in height
15. BLUFF STABILITY. Prior to construction the Developer shall provide and calculations
on the bluff stability as prepared by a license professional engineer in accordance with the requirements of
City Ordinance 1104.305.
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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-
Page 7
builts for the proposed building permit shall be approved prior to issuance of any 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 Developer Installed
Improvements, the Developer assumes all liability and costs incurred as a result of 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.
B. Wetland Buffer Signage must be installed prior to the issuance of any building
permits within the development.
C. A temporary or permanent Certificate of Occupancy shall not be issued for any
building hi 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.
17. CITY ADMINISTRATION The Developer shall pay a fee for City administration. City
administration will inchide 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 C, assuming normal constriction and project scheduling. The previous escrowed funds
currently retained by the City as a result of a Final Plat Application will be credited towards the City
Administration four percent (4 %) fee. The Developer has previously escrowed $1,000.00 for City
Administrative Review. The remaining City Administration Fee shall be $8,656.00. This fee was
calculated as four percent (4 %) of the estimated construction cost as identified in Exhibit C ($9,656.00)
Page 8
less the previously established $1,000.00 escrow Rind. Costs incurred by the City over and above the four
percent (4 %) Administration fee shall be billed to the Developer.
18. REIMBURSEMENT OF CITY ADMINISTRATION FEES, The City and Developer
acknowledge that the calculation of the City Administration Fee is based on construction cost estimates
provided by the Developer to the City. Although the City reviews and accepts the construction cost
estimates provided by the Developer, the review and acceptance is based on an assessment by City
Engineering Staff that the costs provided to the City are reasonable. Actual construction costs may vary.
Once the City approves the construction cost estimates from the Developer for the Developer Installed
Improvements, the City Administration Fee will not be subsequently adjusted in order for the City to
collect additional administrative fees from the Developer or to reimburse the Developer for fees paid to the
City.
19. LANDS CA . . In accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two
(2) front yard trees on every lot in the Plat that does not already meet this requirement at the time of the
building permit. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of every structure on every lot prior to the issuance of the final certificate of occupancy. If this section
is to be satisfied by existing trees, a tree protection security ( "escrowed finds ") 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 fluids deposited by the builder at the time the building permit was issued.
Upon satisfactory completion of the landscaping, the escrowed fiends less any draw made by the City, shall
be returned to the person who deposited the funds with the City.
20. TREE PRESERVATION AND REPLACEMENT Subject to the provisions of Section
1107.2100 of the City Zoning Ordinance and approved Plan C, the Developer shall provide a financial
Page 9
guarantee prior to building permit issuance that will be based on the number of trees proposed to be
impacted.
21. SECURITYY. To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and constriction of all Developer Installed
Improvements, the Developer shall fiurnish the City with an Irrevocable Letter of Credit or a cash deposit 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 $241,400. The amount of
the Security was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Total Construction Cost
$ 241,400.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $ 241,400.00
X 1.25
TOTAL SECURITY AMOUNT
$ 301,750.00
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 Letter of Credit should extend through the warranty
period and shall not have an expiration date earlier than December 31, 2013. Individual Security
instruments may be for shorter terms provided they are replaced at least forty -five (45) days prior to their
expiration. 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 it down. If the Security is drawn down, the
proceeds shall be used to cure the default.
Page 10
22. CITY DEVELOPMENT FEES. The total amount for Development Fees as set forth in
Paragraph 17 above is $8,656.00 for City Development Fees, The Developer shall pay this amount to the
City prior to the City signing the Final Plat. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4 1 /o)
$ 8,656.00
TOTAL CITY DEVELOPMENT FEES $ 8,656.00
23. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required work has 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- builts have
been completed, all punch list items are completed and warranty bonds submitted, the Irrevocable Letter of
Credit may be reduced to 5 %. Upon completion of the warranty period the 5% Irrevocable Letter of Credit
may be released. In no event shall the five percent (5 %) Security be released until the Developer provides
the City Engineer with a certificate from the Developer's registered land surveyor stating that all irons have
been set following site grading and utility and street construction.
24. WARRANTY. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty worktnatiship.
The Developer shall post warranty bonds in the amount of twenty -five (25 %) of the improvements as
Page t r
security. The warranty period for streets is one (1) year. The warranty period for underground utilities is
two (2) years. The warranty period on Developer Installed Improvements shall continence on the date the
City Engineer issues written acceptance of the improvement. 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.
'I► I i
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 10 and 11 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.
-
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 including but not limited to all real estate property taxes, utility charges, 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 pant 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, the
sale of a lot, except an outlot, to a builder is not an event of default); (5) failure to correct any warranty
Page 12
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) failure to maintain a current insurance
certificate on file with the City meeting City requirements; (10) failure to maintain an Irrevocable Letter of
Credit or security in good standing; (11) 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 fiillest
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 terns of Paragraph 27 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, including those lots sold to third parties.
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.
Page 13
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. Suspend the release of any escrowed dollars.
9. Use of escrow dollars or other security to satisfy any outstanding financial
obligations to the City including, but not limited to, all real estate property taxes, utility charges, and
assessments with respect to the development property;
10. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1 -9 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.
27. X-0- CE& Required Notices to the Developer regarding Paragraphs 10 and 11 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: 5406 Nokomis Avenue South, Minneapolis, MN
55417. 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 SE, 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 & Johnson, 600 US Bank Plaza South, 220 South Sixth Street, Mimieapolis, Minnesota, 55402-
4501.
28. MMMMEWATION 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,
Page 14
which arise out of, result from or relate to this Development Contract. The responsibility to indemnif , 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.
29. NO THIRD PARTY RECOURSE, The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
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 28 shall apply to said actions.
30. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within sixty (60) days of the City Council's approval of the Development Contract.
The Developer shall provide the City with a recorded copy of the Development Contract. The Developer
covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
31. SPECUL 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.
Page 15
B. The Developer is required to submit the final Plat in electronic format. Tire
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 (22 X 34 inch) paper copies and one (1) reduced (I 1 X 17 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.
k-TFA =i a
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, refiise 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.
Page 16
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 pant 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.
Page 17
CITY OF PRIOR LAKE
(SEAL)
BY:
Mike Myser, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
By:
Its:
STATE OF MINNESOTA )
(ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this day of , 20 ,
by Mike Myser, 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
COUNTY OF
by
(ss.
The foregoing inch uunent was acknowledged before me this
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
NOTARY PUBLIC
day of , 20_,
Page 18
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or pant 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
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
day of ,
Page 19
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
20 by
day of
NOTARY PUBLIC
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 20
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
' which/who has a
contract purchaser's interest in all or pant 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
20__ by
day of ,
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 21
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EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
No.
Date:
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 December 31, 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 December 31 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,
4646 Dakota Street SE, Prior Lake, Minnesota 55372 -1714, and is physically 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, hrternational Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn tinder and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
Page 23
Exhibit C
To
Development Contract
The Bluffs Of Candy Cove - Estimated Construction Costs
10/30/2011
Estimated Construction Costs
$ 14,000
Tree Removal & Stumping (1 acre x $14,000 /acre)
$ 10,000
Storm Water Structures (2 - 8' structures at $4,000 /ea. + 1- 27" structure at $2,000 /ea.)
$ 70,400
Retaining walls at entrance and on lake side (4,400 SF of wall (city estimate) x $16 /SF
$ 15,000
Utilities - sewer & water to lot lines (3 sanitary/water stubs x $5,000 /each)
$ 20,000
Grading to install access drive (1 acre x $20,000 /acre)
$ 60,000
Dirt Hauling - Removal from site (10,000 Cubic Yards x $6.00 /CY)
$ 24,000
Concrete (4,800 SF x $5.00 /SF)
$ -
Aggregate Base (under concrete) - Slab to be poured on dirt
$ -
Landscaping
$ 715
Reseeding (1.3 acres x $550 /acre)
$ 600
Erosion Control Blanket (3,000 SF x $0.20 /SF)
$ 22,400
Tree replacement (280 inches x $80 /inch)
$ 1,650
Silt Fence (1,100 LF x $1.50 /LF)
$ 635
Rock Construction Entrance
$ 2,000
Testing, engineering ($2,000 lump sum)
$ 241,400
Total Construction Cost
$ 301,750
Total Security Amount (125% of improvement Costs)
EXHIBIT "D"
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 development fees, 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 60 days from the
date of final plat approval. Failure to record the documents by February 19, 2012 will render the
final plat null and void.
Page 25