Loading...
HomeMy WebLinkAbout8C - Deerfield PUD & Final Plat MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT R-tw\~ ~b~ ,It-t.It;\~ ~ ~O\o.w;". JULY 17,2000 SC JANE KANSIER, PLANNING COORDINATOR DONALD R. RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION oo-xx APPROVING THE FINAL PLANNED UNIT DEVELOPMENT PLAN AND PUD DEVELOPMENT CONTRACT AND RESOLUTION oo-xx APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR DEERFIELD History: On January 18, 2000, the City Council approved Resolution 00-07 approving the preliminary PUD plan for the Deerfield development. At the same time, the City Council adopted Resolution 00-08 approving the preliminary plat for Deerfield. The preliminary plat consisted of 165 acres to be developed with 78 single family lots and 462 townhouse lots, for a total of ~nits. The plat also includes a 26 acre public park and lots for co~on ~ s: 3 g Final PUD Plan: The final PUD plan includes 540 units on a total of 165.03 acres, or 133 net acres. The overall density proposed in this plan is 4.1 units per acre. The plan calls for a townhouse style development consisting of 2-, 3-, 4-, 8- and 10-unit buildings. Elevations of the building styles for the villas and coach homes are attached to this report. The plan includes 46 twinhomes, 194 villas (3 to 4-unit buildings) and 222 coach homes (4 to 10-unit buildings). The developer has also provided a variety of styles for the 78 single family homes similar in design and size to other single family homes in Prior Lake. The proposal provides at least 2 spaces per dwelling unit, which is consistent with the minimum Zoning Ordinance requirements. All of the have units two car garages, which provides parking for both occupants and tandem spaces for guests. The developer has also provided 24 guest spaces located primarily within the villa area. The proposed private streets will not provide anyon-street parking. The plan proposes a 25' setback from the front property line, and the side street lot line, a minimum 25' rear yard setback, and a minimum 10' side yard setback, and a 25' side yard setback for the villas. The plan also requires that all building pads be located at least 30' from the 100 year flood elevation of any wetland or NURP pond. l:\OQfile~\OOsubdiv\finalpl\deert1d\finalcc.doc Page 1 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (b12) 447-4245 AN [Ql)AL OPPORTUNITY E\lPLOYER Both the R-l and the R-2 district allow a maximum ground floor area of 0.30. The ground floor area proposed in this plan is 0.137, including the single family homes. The R-l and R-2 districts also require 600 square feet of useable open space per unit for cluster developments. The proposed common area provides open space for this development consistent with the ordinance requirements. The landscaping plan identifies landscaping for the townhouse portion of the development and for the single family lots. The plan pays special attention to providing screening along Fish Point Road. The plan also provides screening along the north property boundary where the property is adjacent to the business park. The landscaping plan provides the proper number of trees for the both the single family and higher density units. It also is consistent with ordinance requirements for size and species of the plantings, and provides the proper mix of size and species required by the ordinance. Finally, the plan notes an irrigation system will be provided. This proposal includes 2 project monument signs located at the north entrance along Fish Point Road. The plan also includes neighborhood monuments at each of the street entrances. These are essentially fences with brick posts. These monuments are permitted as long as they are not located within the clear view triangle at each intersection. The proposed signs and monuments are consistent with the Zoning Ordinance requirements. Street lights will be provided on the public streets. The developer has also indicated street lights will be provided on the private streets by the public utility company. The cost and maintenance of the street lights on the private streets will be borne by the homeowner's association. This plan proposes a combination of public and private streets. The public streets include Fish Point Road and those streets serving the single family portion ofthe development. The private streets serve the townhomes, and will be maintained by a homeowner's association. The plan proposes a sidewalk and a trail on both sides ofFish Point Road. Sidewalk is also provided on the south side of Wilderness Trail (the public portion) and on the east side of Parklawn Lane. Public trail is provided around the pond in the proposed park, and there are two trail accesses to the Ponds Athletic Facility. A private trail system is provided on the common area in the townhouse development. There is one 27 acre park located on the north side of this development. Only IO acres of this land will qualify for parkland dedication. The City will accept a combination of cash and land dedication for this development. The developer has also worked with the City to create a plan for a trail system in the park around the existing pond. I: \00 fi 1 es \DOs u bdi v\fi n al p I\deertl d\fi nal cc. doc Page 2 .. ~/ ~ 0 e> ,>1\ Y llfi>r j ffJ'1' (J ~t!!'t\~ I,- 4"fttJl$ . \ ~, This project is proposed to be completed in five phases beginning in 2000 and ending in 2004. Final Plat: The final plat to be known as Deerfield is the first phase of this development. This plat includes the entire 165 acres. It creates 53 single family lots, and dedicates the parkland. The remainder ofthe area is platted as outlots for the future phases of this development. This application is somewhat unique in that it also includes Deerfield 2nd and Deerfield 3rd Addition. These final plats are townhouse plats, also included in the first phase of development. Deerfield 2nd includes lots for 60 of the villa units, and Deerfield 3rd includes 17 lots for the development of 64 ofthe coach units. The plats are created separately for ease in identifying the developments on the homeowners association documents. Current Circumstances: The Planning Commission considered the Final PUD Plan on June 12,2000. The Planning Commission found this plan to be in substantial compliance with the approved preliminary PUD plan. The Planning Commission recommended approval of the final PUD plan, subject to the following conditions: 1. The Final Plat and Development Contract must be approved by the City Council. 2. The Final PUD Plan and PUD Development Contract must be approved by the City Council. 3. The developer must continue to work with the City to develop a plan for the trails and boardwalks around the pond in the new park. 4. Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official PUD record. The second set will be returned to the developer for their files. The principal requirements for approval of a Final PUD Plan is first of all, whether or not the plan conforms to the approved preliminary PUD plan. Second, the developer must enter into a development contract for the PUD outlining the terms and conditions of approval of the PUD plan. This contract is separate from the development contract associated with a final plat in that it does not focus on the required improvements, but on the design and conditions of the pIan. In considering a final PUD plan, the Council may set a public hearing for review of the final plan if it deems such a hearing necessary. In any event, the Council must make a decision on the final PUD plan within 60 days of its first consideration. The principal requirements for final plat approval include a signed Development Contract with surety for the installation of utilities and I: \OOfi I es\OOSU bd i v\final p I\deerfld\fi nal cc. doc Page 3 streets and the satisfactory completion of all preliminary plat conditions. Staff has reviewed the final PUD plan and the final plat and finds them to be in substantial compliance with the approved preliminary PUD plan and the approved preliminary plat. The attached "Contract for Development of Land as a Planned Unit Development" spells out the. tenns and conditions of approval of the final PUD plan. This contract includes provisions identifying the approved final plans, the phasing of the development, the covenants and homeowners association documents and the required easements for access and stormwater drainage. It also notes the developer must convey Outlot I as shown on the final plat to the City upon recording of the final plat. Outlot I is intended for the future extension of Fish Point Road. The purpose of conveying this outlot to the City at this time is to ensure the City has the necessary right-of-way for the road extension in the event the developer fails to complete this project. This conveyance does not obligate the City to build the road at any time during this development. It must also be noted there are still some blanks in the PUD contract. These blanks are for the unknown approval dates, resolution numbers, and so on. They will be completed upon Council approval ofthe final plans. The attached "Development Contract" specifies the required improvements for this plat. Sanitary sewer and watennain trunk area charges, lateral water and sewer charges, collector street fees and parkland dedication fees are outlined in the contract. This is the standard development contract used in all final plats. The contract does include some items unique to this development. These items are included in paragraphs 18,24 and 26 (shown in bold underline) ofthe contract. The items in paragraphs 18 and 26 deal with the private portions of the sanitary sewer and the street lights on the private streets. Essentially, the contract notes the repair, maintenance and installation of these utilities are the responsibility of the developer. Paragraph 26 imposes a lateral sanitary sewer and stonnwater charge, as required by the City's assessment policy. The Issues: The City Attorney has reviewed and approved the PUD contract, and the Development Contract. These contracts have been forwarded to the Developer for review and signatures. The only remaining issues on this development pertain to the access easement and to the need for an stonnwater easement over the wetland to the south. The form and content ofthe access easement was approved by the City Attorney in January, 2000. We have requested a fully executed copy of this easement, with all of the necessary signatures and exhibits. I: \OOfi I es\OOs u bd i v\fi nalp l\deerfld\fi nal cc. doc Page 4 FISCAL IMPACT: ALTERNATIVES: The second issue is the need for a stormwater and drainage easement over the wetland to the south of this property. The City Attorney has been working with the developer's attorney on the form and content of this easement. We have not received a copy of this easement at this time. Conclusion: The Final PUD Plan is in compliance with the approved preliminary PUD plan. The staff would recommend approval of the Final PUD Plan be subject to the following conditions: 1. The Final Plat and Development Contract must be approved by the City Council. 2. The Final PUD Plan and PUD Development Contract must be approved by the City Council. 3. The developer must continue to work with the City to develop a plan for the trails and boardwalks around the pond in the new park. 4. Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official PUD record. The second set will be returned to the developer for their files. 5. Upon recording of the final plat, the developer must convey Outlot I to the City. These conditions, with the exception of#5, can be satisfied prior to release of the final plat documents. A copy of the PUD contract is attached to this report. A copy of the development contract for Deerfield is also attached to this report. Staff will be available to discuss the details of this contract with the Council. All of the conditions placed on the preliminary plat have been satisfied. The final plat is subject to six conditions which will be satisfied prior to the release of the final plat documents. Approval ofthe final plat should also be subject to the receipt of fully executed copies of the access easement and the stormwater and drainage easement. The developer has received copies of all contracts, and has been notified of the need for the fully executed access easement and drainage easement. We have received no indication if these will be signed by the meeting. Budget Impact: Approval of this final PUD plan and final plat will allow construction of new dwellings, which will contribute to the City's tax base. The required development fees are deposited into the appropriate City accounts. The City Council has four alternatives: 1 : \OOfi 1 es\OOsu bd i v\fi nal p I\deerfld\final cc. doc Page 5 RECOMMENDED MOTION: REVIEWED BY: 1. Adopt Resolution OO-XX approving the Final PUD Plan and PUD Contract, and Resolution OO-XX, approving the final plat and Development Contract for Deerfield. 2. Deny Resolution OO-XX. 3. Defer this item until the developer provides City staff with signed copies of the contracts and the executed easement, or provide staff with specific direction. 4. Determine a public hearing on the Final PUD Plan is warranted and direct staff to schedule a hearing and publish notice ofthe hearing as required by Minnesota statutes. If the City Council is comfortable with approving the Final Plat and Final PUD plan without having the signed drainage easements, Alternative 1 would be appropriate action. This would require the passage of the following two motions: 1. A motion and second to adopt Resolution OO-XX approving the final PUD Plan and PUD Contract for Deerfield and authorizing the Mayor and City Manager to sign the Development Contract. 2. A motion and second to adopt Resolution OO-XX approving the final plat and Development Contract for Deerfield and authorizing the Mayor and City Manager to sign the Development Contract. If the City Council does not wish to approve the Final Plat and PUD plans without the signed easements, Alternative 3 would be the appropriate action. This would require passage of the following motion: 1. A motion and second to defer action on the Final Plat and PUD ~lans ~til Sigo[. easements have been received. 1lvJ ' I: \OOfi I es\OO su bd i v\fi nal p l\deerfl d\fi nal cc. doc Page 6 PLANNED UNIT DEVELOPMENT FINAL PLAN RESOLUTION OO-){X RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT FINAL PLAN TO BE KNOWN AS DEERFIELD MOTION BY: SECOND BY: WHEREAS: DR Horton has submitted an application for a Planned Unit Development Final Plan to be known as Deerfield; and WHEREAS: The Prior Lake Planning Commission considered the proposed Final PUD Plan on June 12,2000;and WHEREAS, the Planning Commission found the Final PUD Plan to be in substantiai compliance with the approved preliminary plan and recommended approval of the Final PUD Plan; and WHEREAS: The Prior Lake City Council considered the proposed Final PUD Plan on July 17, 2000; and WHEREAS: the City Council finds the Final PUD Plan in substantial compliance with the approved Preliminary PUD Plan; and WHEREAS: the City Council finds the PUD Preliminary Plan is compatibie with the stated purposes and intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance. NOW. THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. it hereby adopts the following findings: a) Greater utilization of new technologies in building design, materials, construction and land development. The developer utilizes the most recent building technologies. The general design of the PUD does allow the clustering of the units, which helps to preserve the wetlands and some of the wooded areas. b) Higher standards of site and building design. The use of curvilinear streets will slow traffic through the neighborhood. In addition, the creation of a private trail system through the common area, eventually connecting to the public system, creates an integrated system. The iayout and design of the villa units has been revised to meet this criteria. The pattern provides less density, more curvilinear streets and also preserves the natural site features. c) More efficient and effective use of streets, utiiities, and public faciiiUes to support high quality land use development at a lesser cost. 1:\OOfiles\OOsubdiv\finalpl\deertld\\2.udres.doc PAGE 1 16200 Eagle Creek Ave. ~.E.. Prior Lake, Minnesota 55372-1714 1 Ph (612) 447-4230 1 Fax (612) 447-4245 A~ EQUAL OPPORTUNITY E\\PLOYER Maintenance of private streets, including plowing and future repairs, is done by the homeowners association. This reduces City costs in providing services to these homes. The private open space also functions as parkland, without the City cost of maintenance. d) Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The dedication of the park and the creation of the public trail system around the pond provides an amenity which can be utilized by both the residents owning homes within the development and the existing adjacent neighborhood. The creation of the private trail system allows some flexibility in the location of the trails, to preserve trees and wetlands, . and provides a link to the public park system. e) Provides a flexible approach to development which allows modifications to the strict application of regulations within the various Use Districts that are in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. The use of the PUD allows the higher density to be clustered on the east side of Fish Point Road, and to utilize the property on the west side of Fish Point Road for single family homes. The density and variety of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. In addition, approXimately 230 lots could be developed in the R-1 district, and 308 lots could be developed in the R-2 district, a total of 538 lots. The proposed PUD includes 540 units, and also utilizes a cluster pattern, which the single family development would not. f) Encourages a more creative and efficient use of land. The PUD allows the higher density areas to be clustered, and preserves open space. The density is also consistent with a single family density, and preserves more of the natural area. g) Preserves and enhances desirable site characteristics including flora and fauna, scenic views, screening and buffering, and access. Clustering the units allows the preservation of some of the wooded areas on the site. The units also are sited to offer views of the adjacent wetlands. h) Allows the development to operate in concert with a Redevelopment Plan in certain areas of the City and to insure the redevelopment goals and objectives within the Redevelopment District will be achieved. This criteria is not applicable. i) Provides for flexibility in design and construction of the development in cases where large tracts of land are under single ownership or control and where the users) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the clustering of the homes and the use of private streets. j) Encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. Although the plan proposes a private trail system, the developer has not provided any dedication over and above the requirements. The private open space and trails are not limited to the exclusive use of the owners of property within the PUD and the trail is intended to eventually tie into the public park system. The private open space and trails function as parkland, without the cost to the City for maintenance and development. k) The design shall consider the whole of the project and shall create a unified environment within the boundaries of the project by insuring architectural compatibility of all structures, I : 100 fi I es 100su bd iv\fi na J p I\deerfl dIp udres .doc PAGE 2 ~ 2. efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient use and design of utilities. The design creates a unified environment. The extension of the existing streets and provision of trails and sidewalks allows for efficient movement of traffic. Additional landscaping along Fish Point Road will provide screening. Enhancement of the landscaping along the north property boundary will also protect the adjacent residents from the noise and other impacts of the adjacent business park. Drainage easements have been required of the developer to insure no adverse impacts from the increase in impervious surface. I) The design of a PUD shall optimize compatibility between the project and surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD. The use of the PUD will allow the extension of the single family homes adjacent to the existing residences, and the clustering of the townhouse units. Additional landscaping along Fish Point Road and along the north boundary will minimize the visual impact of this development. m) If a project for which PUD treatment has been requested involves construction over a period of time in two or more phases, the applicant shall demonstrate that each phase is capable of addressing and meeting each of the criteria independent of the other phases. . Each of the individual phases includes landscaping and road extensions. n) A PUD in a Residential Use District shall conform to the requirements of that Use District unless modified by the following or other provisions of this Ordinance. 1) The tract of land for which a project is proposed shall have not less than 200 feet of frontage on a public right-of-way; 2) No building shall be nearer than its building height to any property line when the property abutting the subject property is in an "R-1" or "R-2" Use District; 3) No building within the project shall be nearer to another building than ~ the sum of the building heights of the two buildings, except for parking ramps which may be directly connected to another building; and 4) Private roadways within the project site may not be used in calculating required off-street parking spaces. The project meets the above requirements; as approved, the PUD will allow the developer to utilize private streets and allow up to 10 units per building rather than 4 units per building. All of these modifications are permitted under the PUD provisions at the discretion of the Council. The Planned Unit Development Final Plan is hereby approved subject to the following conditions a) The Final Plat and Development Contract must be approved by the City Council. b) The Final PUD Plan and PUD Development Contract must be approved by the City Council. c) The developer must continue to work with the City to develop a plan for the trails and boardwalks around the pond in the new park. d) Upon final approval. the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official PUD record. The second set will be returned to the developer for their files. e) Upon recording of the final plat, the developer must convey Outlot I to the City. ,The. 2ccess eas~nt and indemnification agreements must be signed prior to ~ approval: - ~ - ------~-- - PAGE 3 1: \OOti 1 es \OOsu bd i v\tinal p l\deertld\pudres.doc ...~~..m"__.'_m~_'___~_~.___"I___'~_'_~~'~__""-_'___'_~ 3. The recitals set forth above are incorporated herein. Passed and adopted this 17th day of July, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Vacant Vacant {Seal} Frank Boyles, City Manager 1: \OOfi I es \OOsu bd i v\fi n al p l\deerfl d\pudres.doc PAGE 4 RESOLUTION Oo-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF "DEERFIELD", "DEERFIELD 2ND ADDITION" AND "DEERFIELD 3RD ADDITION" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. MOTION BY: SECOND BY: WHEREAS: on January 18, 2000, the City Council approved the preliminary plat known as Deerfield, subject to conditions identified by Resolution 00-08; and WHEREAS: the City Council has found that the final plats of "Deerfield", Deerfield 2nd Addition" and "Deerfield 3rd Addition" are in substantial compliance with the approved preliminary plat; and WHEREAS: The City Council has approved the final plats of "Deerfield", Deerfield 2nd Addition" and "Deerfield 3rd Addition". NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it should and hereby does require the following conditions to be met, prior to release of, and recording of said plat: 1. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney. 2. Payment of all fees prior to release of the final plat mylars. 3. Reductions ofthe 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 11" sheet of paper. 4. Four mylar sets of the final plat with all required signatures be submitted. 5. The developer provide 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 60 days from the date of final pla~ approval. Failure to record the documents b~ay 20, LUU~, tll render the final plat null and VOId. - $ ef~ 17, 1-.l)C)t) Passed and adopted this 17th day of July, 2000. 1\3~8l'jS~gg~~de'[lr~/{>I~O~b5~~?,ofl'ii~~or.ake. Minnesota 55372-1714 1 Ph (612) 447-4230 1 F~~(612) 447-4245 A'; EQI_.\L. OPPORTt::;rry E\IPLOYEF YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Vacant Vacant {Seal} Frank Boyles, City Manager 1: \OOti I es\OOs ubd i vIti nal p 1\knob5 th \rsOOxxcc. d oc Page 2 CONTRACT FOR DEVELOPMENT OF LA1~ AS A PLANNED UNIT DEVELOPMENT IN THE CITY OF PRIOR LAKE, MINNESOTA, TO BE KNOWN AS DEERFIELD THIS CONTRACT, made and entered into as of the _ day of _,2000, by and between the City of Prior Lake, (hereinafter "CITY") a municipal corporation organized under the laws of the State of Minnesota and ' (hereinafter "DEVELOPER") a Minnesota corporation. RECITALS WHEREAS, DEVELOPER is duly organized to do business in the State of Minnesota and owns the PROPERTY within the City of Prior Lake; Scott County, Minnesota legally described in attached Exhibit A, and \VHEREAS, DEVELOPER desires to develop the PROPERTY legally described and depicted in Exhibit A ("DEVELOPMENT PROPERTY"); and WHEREAS, the City has approved a preliminary plat and final plat for the DEVELOPMENT PROPERTY, which approval is subject to certain conditions including the Developer enter into the City's standard development contract; and WHEREAS, DEVELOPER has made application to City Council for approval to develop the DEVELOPMENT PROPERTY as a Planned Unit Development CPUD); and WHEREAS, on January 18, 2000, the DEVELOPER received approval of a preliminary PUD plan and a preliminary PLAT for the development known as Deemeld; and WHEREAS, on May 2, 2000 the DEVELOPER filed an application for approval of Final PUD; and WHEREAS, the CITY has granted preliminary PUD approval and final PUD approval to the DEVELOPER subject to certain conditions including that the DEVELOPER enter into this CONTRACT and meet all of the terms and conditions hereafter set forth; and WHEREAS, under authority granted pursuant to Minnesota Statutes Chapter 462 and the Zoning Ordinance of the City of Prior Lake the CITY COUNCIL has agreed subject to the terms and conditions set forth herein, to approve the [mal PUD FINAL PLANS. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the sufficiency of which is not disputed, it is hereby agreed as follows: 1: \OOfiles \OOpuds \deerfld\pudcon. doc Page 1 1. RECITALS The Recitals set forth above are herein incorporated as if fully set forth. 2. PURPOSE OF CONTRACT 2.1 The purpose of this Contract is to set out the terms and conditions pursuant to which the City Council of the City of Prior Lake grants its approval for the Developer to develop the Development Property as a Planned Unit Development. The terms and conditions set forth herein are intended to promote and protect the orderly development of land within the City and to assure that the development of the Development Property is done in a manner to protect and preserve the health, safety and welfare of the citizens and property within the City. 2.2 This CONTRACT is intended to achieve the following objectives: a) To insure compliance with the purpose, requirements and criteria set forth in Section 1106 in the Zoning Ordinance for a Planned Unit Development. b) To clarify the rights and responsibilities of the parties to this CONTRACT. c) To incorporate, as an integral part of this CONTRACT, a Developers Contract dated by and between the CITY and DEVELOPER relating to the Final PLAT of Deerfield. 3. FINDINGS The Prior Lake Zoning Ordinance sets out goals and objects against which all applications for PlJDs must be evaluated against. The fmal PUD plan is consistent with the goals and objectives of a PUD as specified in the Zoning Ordinance. To that effect, the City Council has made the following findings: A. Greater utilization of new technologies in building design. materials. construction and land development. The DEVELOPER utilizes the most recent building technologies. The general design of the PUD does allow the clustering of the units, which helps to preserve the wetlands and some of the wooded areas. B. Higher standards of site and building design. The use of curvilinear streets will slow traffic through the neighborhood. In addition, the creation of a private trail system through the common area, eventually connecting to the public system, creates an integrated system. The development provides less density, more curvilinear streets and also preserves the natural site features. C More efficient and effective use of streets. utilities, and public facilities to support high quality land use development at a lesser cost. Maintenance of private streets, including plowing and future repairs, is done by the homeowners association. This reduces CITY costs in providing services to these homes. The private open space also functions as parkland, without the CITY cost of maintenance. D. Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The dedication of the park and the creation of the public trail system around the pond provides an amenity which can be utilized by both the residents owning homes within the Development 'pROPERTY and the existing adjacent neighborhood. The creation of the I: \OOfiles \OOpuds \deerfld\pudcon. doc Page 2 private trail system allows some flexibility in the location of the trails, to preserve trees and wetlands, and provides a link to the public park system. E. Provides a flexible approach to development which allows modifications to the strict application of regulations within the various Use Districts that are in hannony with the purpose and intent of the CITY's Comprehensive Plan and Zoning Ordinance. The use of the PUD allows the higher density to be clustered on the east side of Fish Point Road, and to utilize the PROPERTY on the west side of Fish Point Road for single family homes. The density and variety of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. In addition, approximately 230 lots could be developed in the R-l district, and 308 lots could be developed in the R-2 district, a total of 538 lots. The proposed PUD includes 540 units, and also utilizes a cluster pattern, which the single family development would not. F. Encourages a more creative and efficient use of land. The PUD allows the higher density areas to be clustered, and preserves open space. The density is also consistent with a single family density, and preserves more of the natural area. G. Preserves and enhances desirable site characteristics including flora and fauna, scenic views, screening and buffering, and access. Clustering the units allows the preservation of some of the wooded areas on the Development PROPERTY. The units also are sited to offer views of the adjacent wetlands. H Allows the development to operate in concert with a Redevelopment Plan in certain areas of the CITY and to insure the redevelopment goals and objectives within the Redevelopment District will be achieved. This criteria is not applicable. J. Provides for flexibility in design and construction of the development in cases where large tracts of land are under single ownership or control and where the users) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the higher density to be clustered on the east side of Fish Point Road, and to utilize the PROPERTY on the west side of Fish Point Road for single family homes. The density and variety of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. In addition, approximately 230 lots could be developed in the R-l district, and 308 lots could be developed in the R-2 district, a total of 538 lots. The proposed PUD includes 540 units, and also utilizes a cluster pattern, which the single family development would not. 1. Encourages the DEVELOPER to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. Although the plan proposes a private trail system, the DEVELOPER has not provided any dedication over and above the requirements. The private open space and trails are not limited to the exclusive use of the owners of PROPERTY within the PUD and the trail is intended to eventually tie into the public park system. The trails function as parkland, without the cost to the CITY for maintenance and development. K The design shall consider the whole of the project and shall create a unified environment within the boundaries of the project by insuring architectural compatibility of all stmctllres. efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient use and design of utilities. The design creates a unified environment. The extension of the existing streets and provision of trails and sidewalks allows for efficient movement of traffic. Additional landscaping along Fish Point Road will provide screening. Enhancement of the landscaping along the north 1: \OOfiles \OOpuds \deerfld\pudcon. doc Page 3 ~ '-~.'._.~'---~T PROPERTY boundary will also protect the adjacent residents from the noise and other impacts of the adjacent business park. Drainage easements have been required of the DEVELOPER to insure no adverse impacts from the increase in impervious surface. r. The design of a PUD shall optimize compatibility between the project and surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD. The use of the PUD will allow the extension of the single family homes adjacent to the existing residences, and the clustering of the townhouse units. Additional landscaping along Fish Point Road and along the north boundary will minimize the visual impact of this development. M. If a project for which PUD treatment has been requested involves construction over a period of time in two or more phases, the applicant shall demonstrate that each phase is capable of addressing and meeting each of the criteria independent of the other phases. Each of the individual phases includes landscaping and road extensions. N A PUD in a Residential Use District shall conform to the requirements of that Use District unless modified by the following or other provisions of this Ordinance. 1) The tract of land for which a project is proposed shall have not less than 200 feet offrontage on a public right- of way; 2) No building shall be nearer than its building height to any property line when the property abutting the subject property is in an "R-1" or "R-2" Use District; 3) No building within the project shall be nearer to another building than 'lj the sum of the building heights of the two buildings, except for parking ramps which may be directly connected to another building; and 4) Private roadways within the project site may not be used in calculating required off-street parking spaces. The PROJECT meets the above requirements; as approved, the PUD will allow the DEVELOPER to utilize private streets and allow up to lO units per building rather than 4 units per building. All of these modifications are permitted under the PUD provisions at the discretion of the Council. 4. DEFINITIONS, RULES OF INTERPRETATION, AND EXHIBITS 4.1 Definitions In this CONTRACT the following terms shall have the following respective meanings unless the context hereof clearly requires otherwise: a) "APPROVED FINAL PLAN" means all those plans, specifications, drawings and surveys attributable to the Developer and the Developer Installed Public Improvements listed in Exhibit H. b) "CITY" means the City of Prior Lake, a governmental subdivision of the State of Minnesota. c) "CITY ATTOR1~EY" means the City Attorney of the City of Prior Lake. d) "CONTRACT" means this Contract for Development of Land as a PUD in the City of Prior Lake, Minnesota, and all referenced and incorporated exhibits by and between City and Developer, as the same may be from time to time modified, amended or supplemented. e) "DEVELOPER" means D. R. Horton, John and Mary Mesenbrink and Deerfield . Development, LLC, or its heirs successors and assigns. f) "DEVELOPER INSTALLED IMPROVEMENTS" means all those improvements listed in Exhibit H. g) "DEVELOPMENT CONTRACT FOR PUBLIC IMPROVElVIENTS" means the contract titled and signed by arid between the DEVELOPER and the CITY required l: \OOfiles \OOpuds \deerfld\pudc on. doc Page ..\ as a condition for the construction of all required public improvements for the staging PLAT of Deerfield and any staging PLATs related to this development. h) "DEVELOPMENT PLAN" means the fmal PUD plans approved by the Council attached as Exhibit B. i) "INCLUDING" means including, but not limited to. j) "PLAT" means the fmal plat and all related documents approved by the CITY. k) "PROJECT" means the development of 165.03 acres into 540 dwelling units pursuant to the terms and conditions of the approved fmal PUD, the approved fmal PLAT and this CONTRACT. I) "PROPERTY" means the real property, together with improvements, if any, described in Exhibit A. [Developer Improvements means those public and private.] 4.2 Exhibits The following exhibits are attached hereto, incorporated by reference and made a part of this CONTRACT as if fully set forth herein. a) Exhibit A - Legal Description of DEVELOPMENT PROPERTY b) Exhibit B - Approved Final PUD Plans dated c) Phasing Plan in attached Exhibit B d) Exhibit C - City Council Resolution 00-_ approving the Final PUD Plans and the CONTRACT FOR THE DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT e) Exhibit D - Covenants and Homeowner's Association Documents f) Exhibit E - Access Easement Agreement g) Exhibit F - Easement for Stormwater Drainage on property located outside of the subdivision PLAT h) Exhibit G - Development Contract for the APPROVED FINAL PLAT known as Deerfield. i) Exhibit H - DEVELOPER INSTALLED IMPROVEMENTS. 5. SCOPE OF PROJECT 5.1 The PROJECT to be known as Deerfield consists of 165.03 acres, legally described as shown on Exhibit A, to be developed with a total of 540 dwelling units. The units consist of 78 single family dwellings, 46 twinhomes, 194 villas and 222 coach homes. The PROJECT also includes the development of a public and private street system, public park and open space, private open space, parking and landscaping. The PROJECT shall be developed as shown on the Approved PUD Plans, attached hereto as Exhibit B. These plans include, but are not limited to site plans, landscaping plans, signage plans, lighting plans, building elevations and a staging plan. 5.2 The PROJECT is to be developed in 5 phases, beginning in 2000 and ending in 2004. The Phasing Plan in attached Exhibit B identifies the required improvements in each phase. The DEVELOPER agrees to fmal plat and enter into a DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS for each phase of development of the DEVELOPMENT PROPERTY. 6. DEVELOPER IMPROVEMENTS 6.1 The required DEVELOPER Improvements are described in the attached DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS, which is incorporated as Exhibit G. DEVELOPMENT CONTRACT for FINAL PLAT includes defming the Public Improvements. 6.2 Access. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a non-revocable license to enter the PLAT during the installation and for the I: \OOfiles\OOpuds \deerfld\pudcon. doc Page 5 .~.."~~-~_._-~_..~ maintenance of DEVELOPER INSTALLED IMPROVEMENTS to perform all work and inspections deemed appropriate by the CITY. 7. EASEMENTS AND CONVEYANCES 7.1 The DEVELOPER and PROPERTY [these are not described] owner shall record an access easement and indemnification agreement for future access and the extension of utilities to the 4 acre parcel located at the northeast comer of the PROJECT site. 7.2 The DEVELOPER shall provide a drainage and utility easement dedicated to the public for stormwater runoff into the pond wetland adjacent to the PROPERTY to the south of the PROJECT site. It shall be the responsibility of the DEVELOPER to obtain easements from any other affected PROPERTY owner. The easement shall contain such substantive provisions and be in a form acceptable to the City Attorney. 7.3 The DEVELOPER shall submit signed copies of all necessary easements in a form approved by the CITY ATTORNEY prior to approval of the Final Pun Plan and CONTRACT. a) Upon the recording of the fmal PLAT, the DEVELOPER shall convey by Quit Claim Deed the parcel described as Outlot I on the Approved Final PLAT of Deerfield to the City of Prior Lake for use as right-of-way for the extension of Fish Point Road. b) Upon the development of future phases of this PROJECT, the DEVELOPER will construct an extension ofFish Point Road at the sole cost of the DEVELOPER except for such oversizing as the CITY may require. The road will be constructed to approved CITY standards and specifications. 8. DEVELOPER REPRESENTATIONS 8.1 DEVELOPER represents and warrants that neither the execution and delivery of this CONTRACT, the consummation of the transactions contemplated hereby, nor the fulfillment or the compliance with the terms and conditions of this CONTRACT is prevented or limited by, or in conflict with or will result in breach of, the terms, conditions or provisions of any restriction of DEVELOPER, or evidence of indebtedness, contract or instrument of whatever nature to which DEVELOPER is now party or by which it is bound or will constitute a default under any of the foregoing. 8.2 DEVELOPER agrees to hold harmless, indemnify and defend CITY, its Council, agents, employees and CITY ATTORNEY against any claims or actions brought as a result of DEVELOPER'S performance under this CONTRACT or as a result of alleged actions or omissions on the part of DEVELOPER, its employees or agents. 9. RELEASE. HOLD HARMLESS A.l'fD INDEMNIFICATION 9.1 DEVELOPER releases from and covenants and agrees that CITY, its City Council, officers, agents, servants, attorneys and employees thereof (hereinafter for purposes of this paragraph, the "indemnified parties") shall not be liable for and agrees to indemnify and hold harmless the indemnified parties against any loss or damage to PROPERTY or any injury to or death of any person occurring at or about or resulting from any defect in the PROPERTY, development of PROPERTY or DEVELOPER IMPROVEMENTS. 10. EVENT OF DEFAULT 10.1 Event of Default Defined. Event of default is anyone or more of ~he following events: I: \OOfiles \OOpuds \deerfld\pudcon. doc Page 6 10.1.1 10.1.2 10.1.3 10.1.4 10.1.5 failure by DEVELOPER to timely pay all real property taxes assessed with respect to the PROPERTY; failure to construct the DEVELOPER's Improvements pursuant to the terms, conditions and limitations of the DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS; failure by DEVELOPER to observe or perform any covenant, condition, obligation or contract on its part to be observed or performed under this CONTRACT; transfer of any interest in the development; failure by DEVELOPER to reimburse CITY for any costs increased by CITY in connection with this CONTRACT, including the enforcement thereof; including, but not limited to engineering fees, inspection and testing fees, attorney fees and other professional fees. 10.2 Remedy Upon Event of Default. Whenever an event of default occurs, the CITY after providing DEVELOPER notice as provided in paragraph 14, and may take anyone or more of the following actions: 10.2.1 10.2.2 10.2.3 10.2.4 10.2.5 CITY may cancel and rescind this CONTRACT. CITY may draw upon and/or bring an action upon any or all of the securities including but not limited to the Irrevocable Letter of Credit, the Payment Bond, the Performance Bond or the Warranty Bond provided to CITY pursuant to the Development Contract for the PLAT ofDeerfield (Exhibit G). CITY may take whatever action, including legal or administrative action, which may be necessary or desirable to CITY to collect any payments due under this CONTRACT or to enforce performance and/or observance of any obligation, contract or covenant of DEVELOPER under this CONTRACT. CITY may suspend issuance of Building Permits and/or Occupancy Permits on DEVELOPER's lots. CITY may draw upon the Irrevocable Letter of Credit provided pursuant to the Development Contract for the PLAT of Deerfield if CITY receives Notice that the bank elects not to renew the Irrevocable Letter of Credit. 10.3 Whenever an Event of Default occurs and CITY shall employ attorneys or incur other expenses, including employment of experts, for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or contract on the part of DEVELOPER herein contained, DEVELOPER agrees that it shall, on demand thereof, pay to CITY the reasonable fees of such attorneys and such other expenses so incurred by CITY. 10.4 Nonexclusive Remedy. None of the actions set forth in this Section are exclusive or otherwise limit the CITY in any manner. 11. WAIVER Failure of the CITY at any time to require performance of any provision of this CONTRACT shall not affect its right to require full performance thereof at any time thereafter and the waiver by the CITY of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision. 12. ASSIGNl\.IENT 12.1 DEVELOPER represents and agrees for itself, its heirs, its successors and assigns that DEVELOPER has not made or created and that it will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance or any trust or power to transfer in any I: \OOfiles \OOpuds \deerfld\pudcon. doc Page 7 . ~.~~-~ .'---~~'-r- -~~-~..~_.~~..._--- other mode or form of or with respect to this CONTRACT or in DEVELOPER without the prior written approval of the CITY. 12.2 The DEVELOPER may not transfer or assign this CONTRACT without the prior written permission of the CITY COUNCIL of the City of Prior Lake. The DEVELOPER's obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire PLAT, or any part thereof. 13. PERMITS 13.1 The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY, and any other regulatory agencies and the utility companies. If any of the entities request a change to the APPROVED FINAL PLANS submitted for review, the DEVELOPER shall submit these changes to the CITY for approval. 13.2 All costs incurred to obtain said approvals, permits and licenses, and also all fmes or penalties levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. 13.3 The DEVELOPER's shall defend and hold the CITY harmless from any action initiated by the other regulatory agencies and the utility companies resulting from such failures of the DEVELOPER. 14. RECORDING 14.1 This CONTRACT shall be recorded by DEVELOPER within sixty (60) days from approval of the Resolution approving the Final PUD and Final PLAT, and all terms and conditions of this CONTRACT shall run with the land herein described, and shall be binding upon the heirs, successors, administrators and assigns of the DEVELOPER. The DEVELOPER shall provide and execute any and all documents necessary to implement the recording. If there be more than one developer, references herein to DEVELOPER shall mean each and all of them. 14.2 All recording fees, if any, shall be paid by the DEVELOPER. 15. NOTICE 15.1 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: D. R. Horton, Inc., 3459 Washington Drive, Suite 204, Eagan, Minnesota, 55122. 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 A TTORt"\[EY Suesan Lea Pace, Esq. at Halleland Lewis Nilan Sipkins & Johnson, Pillsbury Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501. 15.2 The Notice period shall be fifteen (15) calendar days. I: \OOfiles \OOpuds \deerfld\pudc on. doc Page q 16. MODIFICATIONS OR AMENDMENT This CONTRACT may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this CONTRACT. 17. PROOF OF TITLE DEVELOPER shall furnish a title opinion or title insurance commitment addressed to the CITY demonstrating that DEVELOPER is the fee owner or has a legal right to become fee owner of the PROPERTY upon exercise of certain rights and to enter upon the same for the purpose of developing the PROPERTY. DEVELOPER agrees that in the event DEVELOPER's ownership in the PROPERTY should change in any fashion, except for the normal process of selling or conveying lots, prior to the completion of the PROJECT and the fulfillment of the requirements of this CONTRACT, DEVELOPER shall forthwith notify the CITY of such change in ownership and seek the CITY's approval to transfer the responsibility under this CONTRACT. Any change in ownership shall not release DEVELOPER from any of its obligations under this CONTRACT, unless or until the CITY has approved transfer of this CONTRACT and then only to the extent agreed to by the CITY. 18. HEADINGS Headings at the beginning of paragraphs herein are for convenience of reference, shall not be considered a part of the text of this CONTRACT and shall not influence its construction. 19. SEVERABILITY In the event any provisions of this CONTRACT shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 20. CONSTRUCTION This CONTRACT shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, CITY and DEVELOPER have caused this CONTRACT to be duly executed on the day and year first above written. Approved by the City Council on the day of ,2000. APPROVED AS TO FORly!: by Suesan Lea Pace, City Attorney DEVELOPER: D.R. Horton, By Its By: Its Manager DEVELOPER: John and MaryMesenbrink, By Its CITY OF PRIOR LAKE By: Its Mayor DEVELOPER: Deerfield Development, LLC By Its I: \OOfiles \OOpuds \deerfld\p udcon. doc Page 9 ,~, '-.----~.--~T.----....~..---.-~.-- This Development Contract must be signed by all parties having an interest in the PROPERTY. This instrument prepared by: City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 DEVELOPER: City of Prior Lake: Its President City Manager Mayor Reviewed for Form and Execution Suesan Lea Pace, City Attorney STATE OF MINNESOTA COUNTY OF SCOTI On the day of , 2000, before me, a Notary Public, with and for said County personally appeared Wesley M. Mader and Frank Boyles, to me personally known, being each by me duly sworn did say that they are the Mayor and City Manager, respectively, of the City of Prior Lake, a Minnesota municipal corporation, named in the foregoing instrument; and that said instrument was signed on behalf of the municipal corporation and acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA COlTNTY OF SCOTI The foregoing instrument was acknowledged before me this day of , 2000 by and by who are the and of , a Minnesota Corporation, on behalf of said corporation. Notary Public l: \00 files \OOpuds \deerfld\pudc on. doc Page] 0 DEVELOPMENT CONTRACT DEERFIELD DEERFIELD 2ND ADDITION DEERFIELD 3RD ADDITION PROJECT #99-33 AGREEMENT dated July 17, 2000, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and D.R. Horton (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat for Deerfield, Deerfield 2nd Addition and Deerfield 3rd Addition (referred to in this 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 Contract, furnish the security required by it, and record the Plat with the County Recorder or Registrar of Titles within 60 days after the City Council approves the final Plat. I: \OOfiles\OOsubdi v\ finalpl\deerfld\reddvcn.doc 07/11/00 1 'T^-'~"~--~'-------'-" ..- 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 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. 00-08 dated January 18, 2000, approving the Preliminary Plat for Deerfield. 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 Contract or the Resolution approving the Final Plat and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Fees and charges collected by the City in connection with infrastructure and public improvements 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 following plans. The plans shall not be attached to this Contract, but are incorporated by reference and 1: \OOfiles\OOsubdi v\ finalpl\deerfld\reddvcn.doc 2 07111/00 made a part of this Contract as if fully set forth herein. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A -- Plan B -- Plan C -- Plan D -- Plan E -- Plan P -- Plan G -- Pinal Plat Dated May 25, 2000 (Prepared by Paramount Engineering) Pinal Grading, Development, and Erosion Control Plan(s). The soil erosion plan must also be approved by the Prior Lake/Spring Lake Watershed District. Dated June 23, 2000 (Prepared by Paramount Engineering) Tree Preservation and Replacement Plans and Landscaping Plan Dated April 26, 2000 (Prepared by Paramount Engineering) One set of Plans and Specifications for Developer Improvements Dated June 23, 2000 (Prepared by Paramount Engineering) Street Lighting Plan Dated June 30, 2000 (Prepared by MVEC) Pinal Planned Unit Development Site Plan Dated April 26, 2000 (Prepared by Paramount Engineering) Contract for Development of Land as a Planned Unit Development in the City of Prior Lake to be known as Deerfield, and all of the exhibits attached to this contract, Dated July 17, 2000 7. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer D. Streets E. Concrete Curb and Gutter P. Street Lights G. Site Grading and Ponding H. Underground Utilities 1. Setting of Iron Monuments I: \OOfiles\OOsubdiv\ finalpl\deerfld\reddvcn. doc 3 07/11/00 , "< .. - .. "~~...,,-_.~--_...,...."....-........-,,~"-"-",~-_._---~-- J. Sidewalks and Trails K Landscaping The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; the City's Public Works Design Manual and any other applicable City ordinances, all of which are incorporated herein by reference. The Developer shall submit plans and specifications which have been prepared by a Minnesota registered professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's authorized personnel. The Developer or his engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff, to review the program for the construction work. Before the security for the completion of utilities is released, iron monuments must be installed in accordance with Minn. Stat. ~ 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. CONSTRUCTION OBSERVATION. a. The City's authorized personnel shall inspect the DEVELOPER IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by the City shall include: 1. Inspection of required improvements which include grading, sanitary sewer, watermain, storm sewer/ponding and street system. 2. Documentation of construction work and all testing of improvements. I: \oofiles\oosubdi v\finalpl\deerfld\redd vcn.doc 4 07/ llIoo 3. As-built location dimensions for sanitary sewer, watermain and storm sewer facilities. 9. DEVELOPER SERVICES. The Developer shall be responsible for providing all other construction services including, but not limited to: a. Construction surveying b. As-built drawings of grading plans. c. As-built drawings showing location, dimensions and elevations of all utility improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Tie dimensions to sewer and water services from City staff or City consultants.) d. Project Testing: The Developer is responsible through its testing company, at the Developer's cost, to provide testing to certify that Developer Improvements were completed in compliance with the approved final plans and specifications. The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The City Engineer may require additional testing if in his opinion adequate testing is not being performed. The cost of additional testing is to be paid by the Developer. e. Lot corners and monuments 10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured sod in all boulevards within 30 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan. Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment. I: \OOfiles\OOsubdiv\finalpl\deerfld\reddvcn. doc 5 07/11/00 ~T'" ....-~..._-~--~~.. 11. SUBDIVISION MONUMENTS. The Developer shall install all subdivision monumentation within one 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 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. 12. OCCUPANCY. A permanent Certificate of Occupancy shall not be issued for any building in the plat until water and sanitary sewer improvements have been installed and the streets have been completed and the first lift of bituminous has been placed and said improvements have been inspected and determined by the City to be available for use. 13. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2000, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed the first summer after the base layer of asphalt has been in place for one freeze thaw cycle. The Developer may, however, request an extension of time from the City. 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. 14. 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 Plat development. 15. 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 additional erosion control requirements if, in the City Engineer's opinion they are necessary to meet I: \OOfiles\OOsubdiv\ finalpl\deertld\reddvcn. doc 6 07/11/00 erosion control objectives at no cost to the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith 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 instructions received from 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. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the 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. 16. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping. 17. GRADING PLAN. The Plat shall be graded in accordance with the approved grading, development and erosion control plan(s), Plan "B". The plan shall conform to City of Prior Lake Public Works Design Manual. Before the City releases the 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 I: \oofiles\OOsubdiv\finalpl\deerfld\reddvcn.doc 7 07/11/00 ~ .'-~~~~""~~---I-' elevations along all swales and ditches, and c) lot corners and house pads. The City may withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the Developer Improvements required by this Contract and final written acceptance by the City Engineer, the improvements lying within public easements shall become City property without further notice or action with the exception of the storm sewer depicted on Exhibit G. The maintenance and repair of the private storm sewer depicted on Exhibit G shall be the Developer's responsibility. 19. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City administration will include all activities necessary to implement this Developer's Contract. These activities include, but are not limited to, preparation of the Development Contract, consultation with Developer and its engineer on the status of or problems regarding the project, project monitoring during the warranty period, processing of requests for reduction in security, and City legal expenses. Fees for this service shall be six percent (6%) of the estimated construction cost as detailed in Exhibit E, less oversizing costs outlined in Exhibit D, Section A, assuming normal construction and project scheduling. The provisions of this paragraph are subject to adjustment pursuant to Paragraph 40 of this Development Contract. 20. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%) of the estimated construction cost, less oversizing costs outlined in Exhibit D, Section A, for construction observation performed by the City I S authorized personnel. Construction observation shall include, but is not limited to, part or full-time inspection of proposed grading, public utilities and street I: \oofiles\oosubdiv\finalpl\deerfld\reddvcn. doc 8 07/11/00 construction. The provisions of this paragraph are subject to adjustment pursuant to Paragraph 40 of this Development Contract. 21. STORMWATER MANAGEMENT FEE. The Developer shall pay a storm stormwater management fee of $110,760.00 prior to the City signing the final Plat. The amount was calculated as follows: 34.83 acres at $3,180.00 per acre. 22. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary sewer and watermain trunk area charge of $121,905.00 shall be paid by the Developer for sanitary sewer and watermain trunk improvements prior to the City signing the [mal Plat. The amount was calculated as follows: 34.83 acres at $3500.00 per acre. 23. COLLECTOR STREET FEE. This Development Contract requires the Developer to pay a collector street fee of $52,245.00 for collector street improvements prior to the City signing the final Plat. The amount was calculated as follows: 34.83 acres at $1500.00 per acre. 24. LATERAL SANITARY SEWER AND WATER CHARGE. Per the City of Prior Lake Assessment Policy, the Developer shall pay to the City a lateral sanitary sewer and water charge of $9~000.00 prior to the City signing the final Plat. The amount was calculated as follows: 150 feet at $60.00 per front foot. 25. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an a combination of cash and land as established by the Parks and Recreation Director. The land to be dedicated shall be approved by the City Park and Recreation Director and consistent with City Code provisions. The amount of land dedication was calculated as follows: Gross area of the plat: 165.03 acres X 10% equals 16.50 acres to be dedicated. Since the Park Dedication is a combination of land and cash, the amount of land dedicated as park will be deducted from the total acreage, and the cash amount I: \oofiles\oosubdiv\finalpl \deerfld\reddvcn. doc 07/11/00 9 -UT" will be based on the remaining acres. If the Park Dedication is a combination of land and cash, the land dedication will be 10 acres and the cash contribution will be $84,500.00. This amount was calculated as follows: Remaining land dedication requirement: 6.5 acres X $13,000.00 (the current fair market value of the land per acre as established by the Prior Lake City Council). The fee shall be paid prior to the City signing the final Plat. 26. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND OPERATIONAL COSTS. Before the City signs the final Plat, the Developer shall pay to the City $1,000.00 for installation of traffic control signs and street signs. The Developer shall be financially responsible for the installation of street identification signs and non-mechanical and non-electrical traffic control signs. Street signs will be in conformance with the names as indicated on the Plat and pursuant to City standards. The actual number and location of signs to be installed on public streets shall be determined by the City and actual installation shall be performed by City authorized personnel. The Developer shall be responsible for the installation of street signs on the private streets. The Developer is responsible for the installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed; this includes poles, fixtures, underground wiring, and all appurtenant work. The street light plan must be acceptable to the City Engineer and in accordance with Exhibit F. 27. LANDSCAPING. Landscaping for this development shall be provided as shown on Plan C. The landscaping requirements for the townhouse portion of the development and the tree preservation requirements shall be provided by the developer. Subject to approved Plan C, the Developer shall provide a [mancial guarantee based on an amount equal to 125 % of the estimated cost to I: \OOfiles\OOsubdiv\finalpl\deerfld\reddvcn.doc 10 071ll/00 furnish and plant the required landscaping. The total amount of this guarantee is listed in Section 26 of this Contract. For each single family residential lot in the Plat, the Developer or lot purchase r shall plant the two (2) front yard trees on every lot in the Plat which does not already meet this requirement at the time of the building permit. The trees shall be planted according to the requirements for subdivision trees as set forth in the Subdivision provisions of the City Code. 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 occupancy permit. If this section is to be satisfied by existing trees, a tree protection security may also be required. Upon satisfactory completion of the landscaping, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 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. 28. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, the Developer shall provide a financial guarantee of $347,383.37 based on an amount equal to 125% of the estimated cost to furnish and plant the replacement trees. The estimated cost shall be provided by the Developer subject to approval by the City, and shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of replacement trees. The security shall be maintained for a least one (1) year after the date the last replacement tree has been planted. At the end of such year, 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 1:\OOfiles\OOsubdiv\finalpl\deerfld\reddvcn.doc 11 07/11100 -'-~..' .......d. ....._.'_m.T~-- which are not alive or are unhealthy, and to replant missing trees. Upon completion of the replanting of these trees, the entire security may be released. 29. SECURITY. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal to 125 % of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank ("Security") for $3,0920881.87, plus a cash fee of $668,108.00 for City Development Fees. The amount of the Security was calculated as follows: DEVELOPER IMPROVEMENTS COSTS: Sanitary Sewer $ 479,314.60 W atermain $ 333,449.25 Storm Sewer $ 459,457.00 Streets/Sidewalks/Trails $ 926,677.95 Landscaping/Tree Preservation and Replacement $ 277,906.70 ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL $ 2,476,805.50 X 1.25 TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 3.096.006.87 CITY DEVELOPMENT FEES: City Administration Fee (6%) (19) $ 144,349.00 City Construction Observation (6%) (20) $ 144,349.00 Storm Water Management Fee (21) $ 110,760.00 1: \oofiles\oosubdiv\ finalpl\deerfld\reddvcn. doc 12 07/11/00 Sanitary Sewer and Watermain Trunk Area Charges (22) $ 121,905.00 Collector Street Fees (23) $ 52,245.00 Park Dedication Fee (if in lieu of land) (25) $ 84,500.00 Street and Traffic Control Signs (26) $ 1,000.00 Lateral Sewer and Water Charge (24) $ 9,000.00 TOTAL CITY DEVELOPMENT FEES $ 668,108.00 This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Manager. The Security shall be for a term ending December 31, 2002. Individual Security instruments may be for shorter terms provided they are replaced at least sixty (60) days prior to their expiration. The City may draw down the Security, without notice, for any violation of the terms of this Contract or if the Security is allowed to lapse prior to the end of the required term. If the required Developer Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used to cure the default. 30. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by seventy-five percent (75 %) of the financial obligations that have been satisfied. Twenty-five percent (25 %) of the Security shall be retained until all improvements have been completed, all financial obligations to the City satisfied, and the required "as- built" grading plans and information have been received by the City. The City Public Works Design Manual outlines the procedures for Security reductions. 1: \oofiles\oosubdiv\ finalpl\deerfld\reddvcn. doc 13 07/ llIoo 31. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period on streets shall commence after the final wear course has been installed and accepted by the City and the warranty period on underground utilities shall commence following their completion and acceptance by the City. The Developer shall post maintenance bonds to secure the warranties. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The City shall retain twenty-five percent (25 %) of the Security posted by the Developer until the Developer Improvements are accepted by the City Engineer and the bonds are furnished to the City. The security retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 32. REDUCTION OF SECURITY TO FIVE PERCENT (5%). The Security guaranteeing satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of the construction costs as set forth in Paragraph 2S by the City Engineer in writing and by providing the City a performance bond or a warranty bond from the Developer or its contractors in an amount equal to the construction costs which shall be in force for two (2) years for streets and one (1) year for utilities (the "Warranty Period") following acceptance of all required improvements and shall guarantee satisfactory performance of such improvements. All punch list items must be completed before a reduction in Security will be considered. The Warranty Period for a particular Developer Improvement shall commence on the date the City Engineer issues written acceptance of the Developer Improvement. The City Engineer may establish a lost of the individual Developer Improvements that the Developer I: \oofiles\oosubdiv\finalpl\deerfld\reddvcn.doc 14 07/11/00 will install as part of the Plat. The City Engineer may accept one or more individual Developer Improvements prior to the completion of all Developer Improvements. The City Engineer shall determine whether particular Developer Improvements are so integral to one another so as not to make it feasible or practical for the City to accept one Developer Improvement prior to the completion of other related Developer Improvements. The five percent (5 %) Security shall not be released until the Developer provides the Ci ty Engineer with a certificate from the Developer's land surveyor stating that all irons have been set following site grading and utility and street construction. 33. OVERSIZING. City and Developer agree that the Developer Improvements should be oversized for the benefit of future development. Oversizing is the construction of a Developer Improvement to City specifications that exceeds those that would otherwise be required of the Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, grading, and road improvements. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $70,984.45 based upon a cost estimate as determined by both quotes received from the Developer's subcontractor and the City Engineer using the City's Assessment Policy based on a final engineering design. The calculation for oversizing is attached as Exhibit D. If the City Engineer determines additional work as the result of oversizing is required, the City shall reimburse the Developer for the costs associated with this work. 34. 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 Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking I: \OOfiles\OOsubdiv\ finalpl\deerfld\reddvcn. doc 15 07/ll/00 . ~ ._._...- .... ~""~,,-"'~""',---'~'~'--'~'---~~--- 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 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 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 11/2 percent (1.5 %) per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Developer shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Developer shall be awarded its costs and disbursement, including attorney's fees. incurred in bringing the action. (See Minn. Stat. ~471.425, Subd. 4a.) 35. SPECIAL PROVISIONS. The following special provIsIons shall apply to Plat development: A. Implementation 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 software (AutoCAD Release 13). I: \OOfiles\OOsubdiv\finalpl\deerfld\reddvcn.doc 16 07/11/00 C. The provisions of Minn. Stat. ~462.358 are incorporated herein as if fully set forth. If any of the provisions, criteria, performance standards or the like in this Development contract or in any City Ordinance applicable to this Development Contract are more stringent than those set forth in Minn. Stat. ~462.358, the more stringent provision, criteria, performance standard or the like shall apply. 36. RESPONSIBILITY FOR COSTS. A. Once the City Engineer approves the construction costs or estimates for the developer Improvements, except those that are subject to oversizing as described in Paragraph 32 of this Development Contract, there will not be any reimbursement to the City by the Developer or to the Developer by the City for City Administration or Construction Observation Fees. The Developer shall not be responsible for paying City Administration or Construction Observation Fees on the construction costs or estimates associated with oversizing. B. The Developer shall reimburse the City for costs incurred in the enforct:!ment of this Contract, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt Plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. 37. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 1:\OOfiles\OOsubdiv\finalpl\deerfld\reddvcn.doc 17 07/ll/00 ~I hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against all or any portion of the property within the Plat. The Developer hereby waives any and all procedural or substantive objections to any special assessment levied to pay the cost to remedy a Developer default, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Property. 38. 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. 39. MISCELLANEOUS. A. 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. I: \OOfiles\OOsubdiv\finalpl\deerfld\reddvcn. doc 18 07/11/00 B. Developer shall be responsible for all street maintenance until final written acceptance by the City of the Developer Improvements. Warning signs and detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph, "street maintenance" does not include snow plowing or normal sweeping. C. Third parties shall have no recourse against the City under this Contract. D. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those sold to third parties, and shall be grounds for the City to order all work on the Plat to cease. E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Grading, curbing, and one lift of bituminous shall be installed and accepted on all public streets prior to issuance of any certificates of occupancy, except for model purposes only, a maximum of ten percent (10%) of the total lots in the active phase of the subdivision may be issued building permits prior to utility and street construction. All such lots must be readily accessible for inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water 1: \OOfiles\OOsubdiv\finalpl\deerfld\reddvcn. doc 19 07/11/00 __.>.""...."..,.",'_",."..._~__M___._'_^'~_,.""._._.",_._.,__,.__"'_.._ ..~,...,_,~"",.,_.,_.__~_.",..___,, '. . .-4......__._..............."...._.. ._..,.......h. "" connection permits may be issued and no permanent certificates of occupancy may be issued until the streets needed for access have been paved with a bituminous surface and the Developer Improvements including utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be 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 Contract shall not be a waiver or release. H. This Contract shall run with the land. The Developer, at his/her sole expense, shall record this Contract against the title to the property within ten (10) days of the City Council's approval of the Contract. The Developer shall provide the City with a recorded copy of the 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 ~d/or has obtained consents to this 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 will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Developer, at its sole cost and expense, shall take out and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. I: \oofiles\oosubdiv\ finalpl\deertld\reddvcn. doc 20 07/11/00 The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this 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. 40. AMENDMENTS. Developer hereby acknowledges that the City is working with the Developer Community through a series of "Developer Workshops" to standardize its Development Contract. If the City Council approves a standardized Development Contract, and the terms, provisions or conditions thereof differ materially from the terms, provision or conditions herein, City agrees it will amend this Development Contract, if requested by the Developer, to be consistent with the provisions and the approved standardized Development Contract referenced herein. If a standardized Development Contract provides for fees that differ from those set forth in this Development Contract, the fees in this Development Contract will be amended to be consistent with the fees established in a standardized contract. Not withstanding the foregoing, no amendment to this Development Contract shall be made unless both parties agree in writing to the amendment. 1: \oofiles\oosubdiv\finalpl\deerfld\reddvcn.doc 21 07/11/00 --~".~.-----~'T--".._..'----~- 41. NOTICES. 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: D.R. Horton, Inc., 3459 Washington Drive, Suite 204, Eagan, Minnesota, 55122. 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 Sues an Lea Pace, Esq. at Halleland Lewis Nilan Sipkins & Johnson, Pillsbury Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501. 42. 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 Contract as a whole rather than to any particular section or subdivision hereof. Titles in this Contract are inserted for convemence of reference only and shall be disregarded in constructing or interpreting any of its provIsIons. 43. JURISDICTION. This Contract shall be governed by the laws of the State of Minnesota. CITY OF PRIOR LAKE (SEAL) By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager I: \oofiles\oosubdi v\ finalpl\deertld\reddvcn. doc 22 07/ ll/oo Reviewed for Form and Execution: By: Suesan Lea Pace City Attorney DEVELOPER: By: Its: By: Its: STATE OF MINNESOTA ) ( ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19 by Wesley M. Mader, 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 19 , by day of NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. SLP:kgm I: \OOfiles\OOsubdiv\ finalpl\deerfld\reddvcn. doc 23 07/11/00 '~-'~~'--'r'--~--'._~--" ..~ 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 ,19_ STATE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 19 , by NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm I: \OOfiles\OOsubdi v\ finalpl\deertld\redd vcn. doc 24 07/11/00 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 ,19_ STATE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 19_, by NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm I: \OOfiles\OOsubdiv\ finalpl\deerfld\reddvcn. doc 25 07/11/00 ~.~~. .----..-.--.~..-.-.~.~.-..--_r_-..------.---.~---.-~-. ...~. .----~.. 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 ,19_ ST A TE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 19_, by NOT ARY PUBLIC DRAFTED BY: Campbell, Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm 1: \OOfiles\OOsubdiv\finalpl\deerfld\reddvcn. doc 26 07/11/00 -CD-ea ~~o~ ~~~z .o:.~ctl~ <--' <1l ~ fJ1. ... lit ';::5-Z :.11 U;z~ ~ I '" (Jl <1l m rr1 "'(Jl:lm n ~o2! -1 -.J ~. ~ n .. ~' (h _c: 1 <1l ~ ~~ Z G) ~ ~~ @ ~ c=l cg (jijiJ -== ~~ .!=~ n. ~~ , . .~ jr ~rI ~~ :~ ;" f' ~j ~;; :;;: ~ N '-" ~ il ! ~I i ill ~ j ~ ! ~ ~! ~ t 1 . i , ~ ~~ il ~; ~;;l ~<l ~~ 21\ ::I~ i! ~~ !I il ;8 al j~ ~ ] ;~ ~.. ;~ c%\ i; ;_ .. "C ~ 't ~ 1= nl~ J1 ~ Q,} ., 900 ,~ .: ~ f~ Q,3" "~ ;i ~~ ! ~ - 1? ~! :! g ~ ~ :! i; f! ~; H ~i. ; ~ ~i 3 -j ;1 Ij 8;; 11 Q,:"" (JI j[ ~.~ ;~ . ~1 . I ! I 8&' I ~ , ~ i ~ 1 i ! . ~ ::rJ r--;-l I. i <-, (') nl o EXHIBIT A ~ " I t .. r 'l' ~ n I" . ~ ~ ~ j ~; ~ ~;;l l" ~~ E ~~ i ~% . ~~ i . .3 " i i ! ! J ~ I l . ~ 8; I ~ , ; - ! I, l ." . ~1 i' .< 0 i~ . .. ;! ...~ .3 1-< ,. q t i ~ :S ~ . !{ ~; ~ i~ S Ii t J" 1 ~i ~ 1; ~, " ~l"f ;,2 ~: HI ; ~! ! ! n . i { . " . & 1 1 ~ . j ! ~ " J > , ~ ~ J ;1 if ! . ~l ",' >oS H ,~ ~i ti ~, !l :f ",' ... H . . . , ~. H ~I i! a!. i i ~ 8 I ~ .~ '" % ! ; ~ I ~I . ! f .' X ~ j ! i ;: 5' . ~ 1 . I 8 I ;g!;::~J~:!~! !i i':!~l:~: ?~~ i~ :::~f;{:.~!e~~;, !.!:-:-;;o~.:'!t:: ~~::-!~t:::::c:- ;::!"::!JJ:j"~i~:f. :::!.l:~!~O~~:f! ;i~!:l;!;~;l! ;f:;!~i~~ t=U ~~ l!!.~~f:~!.!~:':-:I llIJJ:~)Ie...-oa::"'~.. !:!f:~:~;;;~!. ~;o:l"siii'~i~li Il1z!] ::.;~::.!.% Ir,~-;:'7:'!.~""! .!;~~~5~~:~f~! i~;;~~~!i~~: 7l.:l;!l9~~St:-J ;:i:Ji~'~~:!~ ~~:;i:i~;~!: fri..:i.~i!.i 12."~~;::~~~f~' Q,f:~j~!.~..:~l~ !:i;~!~~i~~! lil~i;:a~~ll JC.:~!!~:;.:f !.~:ii'!t~:t~~:r i:;.i~:'7!~~~~! %~ ;:Y. ~:: =!. ~~ 12." ~l i ~ 0 Q. ~; ~;;l qq . "''' ~~ ~;: zw ; ;~ !iJ : i j i i~ i J ~ q i ii ~. .i1_~ ! ii 1 7 1_; i i "i tl~ ~ I ~ ~J: ;:.:::&: i: ..i :: ~ n ~ ~! J i': l 1;;: ! f~ Q ;5 8: Q.J:lI I! ~~ ~ t~ ~ ~; , i3 i 3$ 1:0 H H !. ; 1 H 1 H ! !: Q !; . ..' !t i~ 1i i i . ~ ~ ! ' 8 ~ I If; ~ I ~ ! i -r , i l . l' . ~H ej'?. rs; fi~ "J ~: ~ ~ :~6 .. ii"~ -;. .g i ~$1 ~. ~'?.... ii ! I~ I~ '. . .08 3~ I ~ !; :~ . ., ~ .. . ! i I ~ ;;: i ~ ~ i r ~ .. 8 I .. 8 I J i 1~ !f , ~.o; : ~ ., ;.{ ;:~ ~ l " r .., ..., ~I nql HI ;.: i~l : ~I ;,2 .J if I ~ , ~!I 3'1 ! li ~i l! ~-r {i 1 .- n !! ., ~r ~1 ; . oi ! ~ , , , , , , 8 I I ~ ~; %i'l ~q q. H t .. 1~ i! :f ~s !.; ~f i; ,{ ~, 1 4, :1 . . iJ On . < ~ . ~i ~.!: H~ 5'')!!. _'0 I ~1I ~~i .....3 !.i, \f~~ ,. . =13' 1 {~ ,0: ~?~ !{o ~1~ j i! :~. ~;i ~!i o ~. o~ " ~~ " ~ ~ ~" it -; ,,; -q j; ~: ... F~ ji ~I ~i s - :" i!. ;f j! !; ~~ ~! If s' f~ .. <. ,., ,~ i~ ~~ ~o J~ : -, ~;1 ;~ 01 I I , I I Q,Q,-'" - '"'"g~:r Hi:~~ ...Q, 3 3 ~ ;!~H HH~ ;1~;t ~ ;i: S ~ ~Jll ~~'i~ ~~~... ill! ~!i? ... 7 7' ~ -r;~' !:i:: jj~i i!~~ ~ ~ ~f ~l:~~ .;- ~.. ."._~--- -.-------I--~". C m m :JJ II - m r- C l_ ~ ~ !~ vie .... " -~I --= Giiil @ Giiil JJ rn = ~ [jijiJ "_7 ~- ) 11 0 0- 0 , 3' :i 3 30 N' N, '2.<o1g a 0 . 0 o 11 C ~~ ~; ~:~ Q.~ o 0 a . - a ~ :;J 8 - ~......... a ~i 'N a ~ ~ r -. . ~. } . a<lO" ~ ~ !....st ~ 0 ~~ o.z ~<D- III ~5 0 0> C ,. '" z_ 0"- -,0 :;5 ~ 0 .. ' - >J , > a .,. ~~ ~ Z 00 ;~ ' . U;[g 5' ... < 0 <l ~ ~=W -t ,"" c go;: 0 o _ "'. ::; '" Q,~'" 0 -, I l:: or Z ~ ~~ , ~."" u; Z 0 Q :~~, ~ "'''' en 0> < Z ~;~ I 0>"''' '" l ",' '" C 0. ~~ fT1 '"0 '" ::I a 0' fT1 '"' Z ~a; -l " <' Q N. . !' 0, , (J1 ... 0-'=3 ~ 1.,0 ~:@ CO c en ;; c ~i '" < '" ... -< z Cl ",,' '- EXHIBIT A NOO"OS'37'"E 261'.39 ~rt i~l V! " . :)L:Jlf\.L::) , j \IVI \ :,', :::'f\f ITI I ~vu I rl '" l' jr ~-},()' lJ. 1 / '/ ') <.. ce ?" ... .. '1 .- \/ I \ ~ ,. 7 / '/ ..; . ~ ~~ ~ - -- ~~ !: f;'1~.. .~:! ~X~':~~~p'~~~i-R~;d ~~ l-l" "-~"',;;,.~ ,," .;- . : \' ~ , )." \ _- 0 j 4- _ _'o'__~__h__ ~ " ,oQon ,'-'I 1.".lO.OG" ." ~, ~, Ii " I ~ 'U '" n '" n ~ M (/) C') -n ~ () -,- L_ CJ C') c m m ::JJ " - m r- C EXHIBIT A \ t~i -'- _.-I__~' 1_!: - T -, r -, - g ~lr .. I 0 ~ .;;' I L, !;i I I l'~ 'II '< !~; I I .r; i ;; 1 I _.~ =q _ L J L_L lH 1: ~ ; II! Ii; 11 \ \ \ \ ~ o ') / / / <,- Z..,...~'"'/j..:1 1"- r n ~:: V ) g~~: f' JIl I' :::D ----1 I -CD-CD ~3~: '-"CI>>-Z t~g'~ (Jl. "'" I'll J~5-z (i)zoe ~ C7\ (]I:i ii __ 0'1 (,J"i :::J m ~ ~~ i -f ~Q . .. r.. ;:.:c '" :D < ~~ % Q ~Q;r ~: ~ g ~ ~ . 0 . g s ~ ~ ~1 K:~ ~ 0 . rI E g ~~~ ~~g ;0;- a. !!,$ ~ 2."2- < 0 ~;- ~.: ~ .ft ~ ~ g :: o ~ < ~ o ~ ~ H :-~ 0.: .- ;';:J- '=,- n n ~ :r . " .~ z_ ~ ~ ;~ !'> g o . , : 0- ::: < , 3 . ~~ " '" . .. ;1 1'; '" n .. t:i , ~; I o . __~. i! !!.- ~~ 00 d- O!- ....:r '\. ~% g :r ; \ \ ~ i (J1 n ~ REVISED ~r:~~~~I~ c m m :xl -n - m r- C .T---"."-.--------.--~.--~~ V1 I~ I~ o -CD-CD ~3~~ -~-z ;'-:~CD~ ~.. c: lJ'I- ~ I'll ~~~~ en <Z cnUll'tnt (JI"m ~~~ <i Q . . ~'" ;::.:C .. :II < =~ ...- Z Q EXHIBIT A Hj ~ 11. - T li i l i!~ ~. ~ lri.~ 0 hi It i l!l! II II . '11 -l..J L _L ii! Hi f!l 1-, :1 z (f) III :::0 -1 , 0- .- REVISlD ~~~~ ~-, 0 ,- . . . . , 3":3 30 ~ l ?.s . 1 ~ ;} ,. .- &.i if / ! . , !- Q; ;;:; ~9. ~ ~'1 i~ "j ~~ ~ " ~_a. . . p =.: 5-~ . '" > .~l z_ .0: - i :fJ . . . - . ~~ ;.::: ~ 1'; ~~! ~; ~~ - en :~: , n ! ~~ > ~ !.'2. t;; Q:'g, 3 ~f ~~[ ! \ ~!i ! ~~' c m m :JJ ." - m r- C nj ! ; q ~ ~ - r ! ~ . i , r _, I 8'1 I ~ I . , - ! I i ii I : '0 ~ ~ ~: . - j~ ;5 sO: i: ~[ . ~ ! c l .. , . . . , ~ J r 1 . ~ ; ~ ~ I I 8 I l ~ -(I)-m mc:..e.:;g --,0,.. ~ -n ~~~z ,.; "'~CD~ liiiil r. <-'/Ie: UP ., m 3: @ 1;::5-Z !< <:....., iOzoe C71tJ1;i~ N [jiji] -' ~l1'~", <J' = e.f) lJ) l:;:o:!! ~ cg I -....J~. Z rn fTl ~~ Q [jiji] , fTl .. 0 -; g'l/) ~7 ;:.:c V1 /I :II rTJ < -m -0( ...- Z " '. ....~,"_____......._^>M_ EXHIBIT A ~ H~ fh ,~ ~;: !.. eza . -~ (;e tl~ ..a [il h! Q s:-;'!. .. ~ ~ f 1 , 1 ~ i ~ ! ~ , 1 ~ . !! i ~ 8 I. J f i l' ! { . i . . " y ~ ~ ~ I . ; ~ . !! i 8 I . . ~ II I E i .. . ~ ~ ~ >! ;09 8';, I ~ ~~ .~ l~ . . ~- ..J ~: ~! ." f? ;! ;. . ~ ~ ! ~ ~[ i n~ ~ h g ~;; > " it .. ~~ t,. !f 81 ~. 'l!~ li _A 11 n h c" H H Ii; I! ,~ . ! :l Pl I . ! ~ ,- i l 8 I !: F !: ~! ;;. F 1- ,1 ~l "'\ :~ril ~J~:! 00. - ta; J:Z ~i ~~~ 'V3 filii ~i i~.. :r.: !i=;: ~.- : .1.~:i ;.; !~: r~ i; 115;1 ~! ~};l I: s" ~ i fl~:: g""i . t;.& uo. ~"!7 i fa.; .~ 1'--8 ~H~ :~; l ~ji& l~;~ ,.~-<~ ~f!; -~! Sl!: ~i7~ ~~i~ .-i;o .' ~ l! g .~ i; [ ." :; ~ .. ~r ~ ~i ~ if ~ 1~ " !..: ~ ~f _ '" 11 '! y. ~i i;' . & ~1 ~: "q .. ~ , t' '; F II f. ';~ ! ~ i ~~ g I ~ " J '" -, n ;~ }! i! a~ ~! to- t i ~% Ii I~ !~ ~.! l i :; ~ . ~ 1 t~ ~- ii ;! " ! . !1 I !1 i :~ i ~~ : j: o ! ~ sf :~ I ~ ,.:; ~ ~~ ~ ~~ :11 :i " ~. "~ !: r :l' !! H " =; ! !. "i ! ,., 113 ~. '# ~~ ~. ;z :~ ~~ ... j)t:: . . . ~ .~ .~ .~ l~ ;~ }; !!.~ ~l ~g ,q :;:~ . " H 1('" ;i !~ .! ~~ 2.~ f.i il OJ ~o. 1 !; c m m :D " - m r- C (J) m n o z c EXHIBIT A . rt 1 0' 7' "f:l J f I: II' '. It . , I: 1 Of' . !! ~ ~S.I . '11 -J ~. \ I " ;: ( ;. . e - . e ~;1 :: !.~ i ~ 9! I :: !~ - ~ ~h ~~ ~~ I' ~ :tf "i ~~ :si ! P ~~ ~ l ,-1! ! u; ! '1 !, ~! ~"",;-'i:- ~. ' c> ^ (' , ~ !iiiiJ ~ @ ~ N !iiiiJ C'l = ~ ~ [iUi] ~ 1 c m m :JJ -n - m r- C (J) m () o z c EXHIBIT A Vl I fT1 fT1 --i en (j) - ~ C I ~ ~ ~ ~ 0 ~H '!!~ n~ :!~!: ~~ ~ f~ :5' . % l1 , ~ ~ ~ g;: ,. is m , ~ ! i 3- . . -, .l ~. ~ ~ ~jl ~i %;;1 il .. i' ! l n ~" :z;..~ 'i i! ~I ! , ! ~ r;:; ~ it 1-<' .~ Ii ' : q~ j } 1 t J ~ ~f ". .a .ffl " !' i ! . ;; ~ ii~ ,. itisi y' ;~ 8 nil .0 o! ,~ W$I ~o 0 !:~ ~ f , !l 1'1' ~~ :~ . ~ '!I-< . ';1 " ~; m ; I J " ; ho ~~ . ~i. .. . i ~ [ f'~ Ii ;~ l~~..g ,;]' 0 q , . ~ I . I ! ,,1~ iJ ~l. ~~ ;:! i1: ..~ ;0' . '0 ~ fi , .q ~ ! . ~ j" ~ . l ~ N' ";t 10 !'" %! Il- 8" ,i ~ . .' ~~;;!: 0 !- I Ji<l .' ~ ~i ~ n 'n ~[ ~t [ I 0 ., :0' [ ~ ~ 1 I ..4.0' l . . .. i: , E l ., ~. .~ : ! n ~ 1 ,.. :-; i~ ;!;ii :'. !~ 1 . ~ ! , ! :! ~f .; !!f On ~~ :i .~ J - ! I J ~ - ! f:3 wi ii: ~~ '" " ~I . fi I - . J . ~ j~ ~ . I;' j~ .. Il :1 .;: . . ~ ., ~ " ~ ; ; r a. "! a h . . ~ !f ;~r ' . ~ . . ~ . ~ '. ~i~l ., n ~ !j n. I ~ . : ~1 ' ~ I .' -.. I J p . 1 8; . . .. l ~ . 0, ~..' - ~~I .~ , ~. ~: . &.= i'~ I~ .i - - I i ~ , ; ~ ~,.~;- f 3 i: ;: ~ "~ ! . . m fg I ~ t i l'':l ~; 1:0: I . I 1~ . ~ i I li ~t I ~ ' gf ;~ , I . ~~ l ~ ,~.; ,I ' , .~ 1 . - I I e::: ~I I . "0 I . . ~ ! :; ~ ~ , IE J s:~! ~. : ! . H'& I: ~ .~ ~ ! - ! r 1~ I ~i- ~ l! ~ C ,~ i ;~~~. ,. . a 8 s:~ ~. ! ~ . . . , .r I . ~ z:;!; .1 . ! . 1 t . I" ~ 1 ~~ ~:!~ il . .f ~ ; '3 Ii yo:!: ~... ~ 8 . ..' ~~;~ i II . ~ ~. _O~ . I ~ f~!~ 'g ;; f -t ! I J! IN ~ : ~ H _[5"0 8 ~ . ;r.t) ~o:~ I ~: ." I ~~ 8 i!i; ~ " ~ ~: :: ;; . :J: ~ I % ;: 8 ;i :0'. :r- " . ~. :: f~~~ ~ 1 . I ~ . . j' , ~ i f :: - . % ;; ~ :0 , . C -CO-CD ~ O'lc.,tlo.:a --,0)1- 1M] JJ ~~~z < C 3: @ -l>:0l-l ==< rn '-'<II c: t,n. .., m IMJ 1;::5-Z '" < ;;; Z 0 e <.n = m(]l~; ~ ~ - m(]l:lrn CD t::o:!! IMJ -..,j::!' Z not .~ G) ~ .;) : 1 , II' 0 g'0I ;=~ < -rn -0( -l>_ Z l:) ~'--'---~~---~"----T'--'---'~----'~-'- EXHIBIT A C _J ;"--- I /1 - I (, ~ ___ I '..), ----- . 1 _ ;-./ C) / ~ 1. _ l --- ;- 1_), .~~ j ,~ I \ \.-' \. ~ -- J.11_'0 OO"J'"i /"'r o:'ll~. \ ff/ \ ~',! \ ", \ I - 1 : fr~h~~ ,. I\) ." . J::~~$O 0.-.. .. "'-lr ""'" .. .. 2. or -c..;.tb_I.toooIIooM.._..~'-t. .~;~r( '\ CO M~~tl"( ,\ 1OOO"l0'...."t J4,C(l . en ii; 1- en ~. 0 ~8 ~8 C c i: . . -l -. r- il" I\) ~8 ..... ; 0 ~ -l ." . ~~,t. ~:..:= a; & I; ri.".,.' j ..... 1- l -: ~8 I . 1 @ ~ ..... o III lllnr:)a' [ '- 1 ri &; "0 c:: -1: r-:~ o~. -1" ; ;;ii 8. "' ~~ ~~ . - ~: ~8 Hoo.,.9t.U1t.l'fLOll ".DC SOIl,.>> .. I OO"2t'3S' .. r-- ; c :~ en .. en ..... 8; 8~ 0 5DQ"'JI':!5"w MOO H <.,. " ; C__7 I ~ :~<i: Ie'<r ,I " ,,~'i~ ] ,61,10.00 V /' /' \ \ -CD-m ~ ~~b:a Wi! "'-J::J..,b.> -cn-Z X @ .c.~CDC ~ JJ \ LJ~c-t Wi! \ (Jl" ""'t ", N ~;::5-Z <.n m , , = I~ ",zoe ~ \ '" <z ~ < ...L 0')(J"l1ll m fTl (Jl:>m .-., t:o:!! Wi! - ~ (f) ...J~' Z ~ ::!J u' "~ CO) to m rrn ;:;:c 0 l1) :II < -m --< ...- Z Cl SIllr7..'5'".. MOO NOO"7'I...,"'[" ,~.. .~.. H oo'?looo. [ ~"t~;t.(" " ." , . _....j I .. 32.~ :,.:' 0'"J24S 9.- ~.'; ..... i I / / i I ..... I 0 . f L at ) .5l.10.00 S ,,-z ~ 00 3"~3 "2. CI'l g o ~ c ~ ;;- ~ o 0 , ~ g ... o 0 . " e, ~ O"~O' ~ '" 0 0'_- ;0 0 ; ;; ~ ~ 5 ~ _~o "'w, _0 :r'O; c. VI" ~ 0"2- ?.~: ~~ ~ .; g g' 0.- '" ~ o. . g=.3 . n 0 eJ, ~3 o " =; o H ~s. o.~ . ~;::; 0-< ~;; o . , w 0 c " ~ ~ a.:: , :;" ~~ ~g 2.? o Ul-< '" <on .,:' <00 -"'" ",,,, ,:0 "'." .;;; ,- !" ~F->-- " :0 I ~ n 1J> In ~ ,-- n~ ~ eJ ~~ z_ ~ .. ~g. "eJ o ~ g . ~ c m m :xJ " - m r- C -f :I: - :xJ C EXIllBIT "B" SAMPLE IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1715 Dear Sir or Madam: We hereby issue, for the account of Irrevocable Letter of Credit in the amount of $ sight on the undersigned bank. (Name of Developer) and in your favor, our , available to you by your draft drawn on The draft must: a) Bear the clause, n Drawn under Letter of Credit No. 19_, of (Name of Bank) n; , dated b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at November 30, 19 (Address of Bank) , on or before 4:00 p.m. on This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least forty-five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its I: \oofiles\oosubdiv\finalpl\deerfld\reddvcn. doc 35 07/11/00 -.~-~-- ~'~~I""- EXHIBIT "C" CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Prior lake 16200 Eagle Creek Avenue Prior lake, Minnesota 55372-1714 INSURED: ADDITIONAL INSURED: City of Prior Lake AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE - Workers' Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: I: \oofiles\oosubdiv\finalpl \deerfld\reddvcn.doc 36 07/11/00 Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBilE LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBlES APPLICABLE TO BODilY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will MAil THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative I: \oofiles\oosubdiv\ finalpl\deerfld\reddvcn.doc 07/11/00 37 -. .,----_.. -._--- .---- EXHIBIT D OVERSIZING COSTS DEERFIELD ADDITION I I ! I i i T I i iUNIT PRICEiUNIT PRICE:OVERSIZINGj ! ITEM NO I DESCRIPTION I UNIT 'QTY. 12" PIPE i8" PIPE I COST ! CITY COST! iWATERMAIN* I , i , , , i I i 23 ~ 12" DIP WATERMAIN ; LF 2250! $ 23.30 I $ 16.25 ! $ 7.05 · $15.862.50 i 27 ! 12" GATE VALVE i EA 4, $ 946.00 ! $ 550.00 j $ 396.00 $ 1,584.00 I 30* iFITTINGS FOR 12" DIP , LB 2075 $ 2.50 . $ 2.50 . $ 5,187.50 . $ 5,187.50 i ISUBTOTAL - WATERMAIN $22,634.00 I ! FISH POINT ROAD** I , 73 i CL 5 AGG. BASE SY 2987 $ 3.85 : $11,499.951 74 I BIT. BASE TYPE 31 I SY 2987! i$ 3.00 i $ 8,961.00 i 75 ! BIT. WEAR TYPE 41 i SY 2987. i$ 2.50 : $ 7,467.50 77 i GRANULAR BORROW i SY 2987 , $ 6.00 : $17,922.00 : 86 ; PAVEMENT MARKINGS: LS 1 $ 2,500.00 $ 2,500.00 · iSUBTOTAL - FISH POINT ROAD . $48,350.45 i i I i I i ,TOTAL OVERSIZING : $70,984.45 I ! i * PER ASSESSMENT POLICY CITY WILL REIMBURSE FOR OVER SIZING IF MAIN IS LARGER THAN 8" i , , ! i ! I **STREET OVERSIZING COSTS ARE BASED ON A DIFFERENCE BE1WEEN A TYPICAL RESIDENTIAL STREET WITH A 32' WIDTH AND THE REQUIRED COLLECTOR STREET WIDTH OF 44' I " EXHIBIT IIEII RYAN CONTRACTING 8700 13TIi AVE. E. SHAKOPEE, MN 55379 952-894-3200 COST E5nMATE PROJECT NAME: Deerfield, Deerfield 2nd & Deerfield 3rd Additions ENGINEER: Paramount Engineering & Design I DESCIPTION OF WORK QUANTITY UNIT PRICE EXTENSION IDEERFIELD Schedule A Sanltarv Sew-=r 1 8" PVC SDR 35 0-10' 1148 Lf $17.50 $20,090.00 2 8" PVC SDR 3510-12' 1114 LF $17.50 $19,495.00 38" PVC SDR 3512-14' 1262 Lf $17.50 $22,085.00 48" PVCSDR351+16' 477 Lf $17.50 $8,347.50 5 8" PVC SDR 35 16-18' 319 LF $17.50 $5,582.50 6 8" PVC SDR 26 18-20' 182 LF $20.80 $3,785.60 7 Std. MH to 10' 28 EA $1,690.00 $47,320.00 8 Extra Depth MH 7lVF $75.00 $5,325.00 9 4" x 8" Wye 53 EA $27.00 $1,431.00 10 4" PVC Svc. 2220 Lf $7.00 $15,5"10.00 11 Conn. To Exist. lEA $1,000.00 $1,000.00 12 1 1/2" Rock Bedding 1450 IN $10.50 $15,225.00 13 Sand Bedding Mainline 4502 LF $2. "10 $10,804.80 14 Sand Bedding (SER.) 2220 Lf $1.10 $2,442.00 15 Uti: Station lLS $78,180.00 $78,180.00 16 8" FM 3400 LF $12.00 $"10,800.00 17 Air relief valve & MH lEA $2,500.00 $5,000.00 18 19 Subtotal Schedule A Sanitary Sewer $302,453.40 20 21 22 Schedule B Watermain * 23 12" DIP WI POLY 2250 Lf $23.30 $52,425.00 24 8" DIP WI POLY 2367 LF $16.25 $38,463.75 2S 6" DIP WI POLY 1167 LF $14.00 $16,338.00 26 Hydrant w/valve 10 EA $1,720.00 $17,200.00 .;;. 27 12" GV SEA $946.00 $4,730.00 28 8" GV 5EA $550.00 $2,750.00 29 6" GV 5EA $390.00 $1,950.00 ~ 30 Fittings (Cast Iron) C153 PRICED 8845 lBS $2.50 $22,112.50 31 1" Corp. 53 EA $50.00 $2,650.00 32 1" Curb Stop & Box 53 EA $75.00 $3,975.00 33 1" Copper Pipe 2246 LF $7.50 $16,845.00 34 Conn. To Exist. 2EA $300.00 $600.00 35 36 Subtotal Schedule B Watermain $180,039.25 37 38 39 Schedule C Storm Sewer "10 12" RCP a. 3 / INCLUDING BEDDING 446Lf $21.00 $9,366.00 41 15" RCP CL 3 1070 LF $23.00 $24,610.00 42 18" RCP CL 3 443LF $25.00 $11,075.00 43 21" RCP CL 3 707Lf $29.00 $20,503.00 44 24" RCP CL 3 72Lf $31.00 $2,232.00 45 30" RCP CL 3 469LF $48.00 $22,512.00 -1', (2..::: \ 1"''''-''' \:: - L<;.:.,-, .:.-r--;-:- Deerlield Bid Page 1 ...,;... j <..: ?,-.:- a:.., " 1'- ~I"~ (_ C \i c.lt ''J " ,;....:;(,. ......-0 ,'_,__._~,_~__.,~.~_...._~.u .~-.- ""..".,-,---""~,-",._~. "., ....[.. EXHIBIT "E" 46 30- Arch RCP 47 36" RCP CL 3 48 24- Arch RCP 49 Std. MH 50 5' Dia. MH 51 Std. CBMH 525' Dia. CBMH 53 Std. CB 54 4' Dia. MH 55 15- FES wfTG 56 21" FES wfTG 57 24- FES w{TG 58 30" FES wfTG 59 30" Arch FES w{TG 60 Rip Rap 61 Diversion Structure ( SUBCONTRACTOR WORK) 62 Skimmer Structure 63 4" Perf. Drain 1ile ( layed in sand core cut ) 64 6- Perf. Drain 1ile ( layed in sand core cut ) 65 66 Subtotal Schedule C Storm Sewer 67 68 69 Schedule D Streets 70 D412 C &. G 71 B618 C & G 72 Adj. MH Castings *-73 CL 5 Agg. Base 6" ( Includes prep ) 1; 74 Bit Base Type 31 2" it: 75 Bit Wear Type 4111/2" 76 BIt. Tack Coat it n Granular Borrow 24 " 78 Street Signs & Banicades 79 Conduit Crossings 80 Sod (3' Bce) 81 8' Bit. Trail 82 8' Boardwalk (equiv.) 83 5' Cone. Sidewalk ( 4" cone. wI 6" d. 5 ) 84 10' Bit. Access 85 Ped. Ramps -k 86 Pavement Markings 87 Cone. Cross Gutter ( 3' wide) Subtotal Schedule 0 Streets Total Schedule A Schedule B Schedule C Schedule D Deerfield Grand Total tDEERFIELD 2ND ADDmON Schedule A Sanitary Sewer 8" PVC SDR 350-10' 8" PVC SDR 35 10-12' 8" Pyc SDR 3512-14' 8" PVCSDR3514-16' S" PVC SDR 26 16-18' S" PVC SDR 2618-20' 'i 5~ i).7 2,:...1: 11..) LA..i (" .-\JiJ "c...-{.:)"-''21'-.J\ I-c C..- 0--:~rL -7 \1--\ N (-, 34LF n5LF 62 LF 6EA 3EA 17 EA 5EA 10 EA 2EA 3EA lEA lEA 3EA lEA 320 CY 2 ALLOWANCE lEA 2328 LF S40LF 6837 LF 4600 LF 37 EA 25620 SY 22441 SY 22441 SY 1122 Gal. 32780 Sf lLS 15 EA 4180 YD 2350 LF 700 LF 23350 SF '160 SY 22 EA L-S 290 LF 649 LF 120 LF 240 LF 515 LF 280 LF 200 LF Deerfield Bid $55.00 $58.00 $44.00 $1,350.00 $1,670.00 $1,350.00 $1,670.00 $1,025.00 $1,350.00 $6"10.00 $n5.oo $845.00 $1,270.00 $1,410.00 $45.00 $15,000.00 $3,800.00 $4.00 $4.50 $5.95 $6.50 $175.00 $3.85 $3.00 $2.50 $1.85 $6.00 COST +10% $250.00 $2.50 $10.00 Deleted $2.35 $12.00 $200.00 $ 2S.;.x:. ,06 ~14.00 $17.50 $17.50 $17.50 $17.50 $20.80 $20.80 $1,870.00 $44,950.00 $2,728.00 $8,100.00 $5,010.00 $22,950.00 $8,350.00 $10,250.00 $2,700.00 $1,920.00 $ns.oo $845.00 $3,810.00 $1,410.00 $14,400.00 $30,000.00 $3,800.00 $9,312.00 $2,430.00 $265,908.00 $40,680.15 $29,900.00 $6,475.00 $98,637.00 $67,323.00 $56,102.50 $2,075.70 $196,.680.00 $0.00 $3,750.00 $10,450.00 $23,500.00 $0.00 $54,872.50 $5,520.00 ~4-,~OO :f -tSCO.' $4,060.00 l' \~ O&'J gZ'5, ,s , - . $302.453.40 $180,039.25 $265,908.00 $ 25.85 ...$1,811, n - -A i I) "3S~ 32~ SO $11,357.50 $2,100.00 $4,200.00 $9,012.50 $5,824.00 $4,160.00 Page 2 EXHIBIT "E" 8" PVC SDR 26 20-22' 46LF $20.80 $956.80 Std. MH to 10' 14 EA $1,690.00 $23,660.00 Extra Depth MH 74 VF $75.00 $5,550.00 4" x 8~ Wye 62 EA $27.00 $1,674.00 4" PVC Svc. 4398 LF $6.80 $29,906.40 4" PVC Riser 140 VF $11.00 $1,540.00 Coon. To Exist lEA $1,000.00 $1,000.00 1 1/2" Rock. Bedding 1160 iN $10.50 $12,180.00 Sand Bedding Mainline 2050 LF $2.40 $4,920.00 Sand Bedding (SER.) . 4398 LF $1.10 $4,837 .80 Drop MH Base lEA $2,793.00 $2,793.00 Extra Depth (Drops) 21 VF $98.00 $2,058.00 Subtotal Schedule A Sanitary Sewer $127,730.00 Schedule B Watermain 8" DIP 2000 LF $16.25 $32,500.00 6" DIP 85 LF $14.00 $1,190.00 Hydrant w{Valve 4EA $1,720.00 $6,880.00 Hydrant 3EA $1,480.00 $4,440.00 S"GV 4EA $550.00 $2,200.00 Rttings (Cast Iron) C153 priced 2500 LBS $2.50 $6,250.00 1" Corp. 62 EA $50.00 $3,100.00 1" C:Urb Stop & Box 62 EA $75.00 $4,650.00 1" Copper Pipe 4398 LF $7.50 $32,985.00 Conn. To Exist lEA $300.00 $300.00 Subtotal Schedule B Watermain $94,495.00 Schedule C Storm Sewer 12" RC? CL 3 124 LF $21.00 $2,604.00 15" RCP CL 3 375 LF $23.00 $8,625.00 18" RC? CL 3 311 LF $25.00 $7,775.00 36" RC? CL 3 888 LF $58.00 $51,504.00 42" RCP CL 3 470 LF $76.00 $35,720.00 Std.MH lEA $1,350.00 $1,350.00 5' Dia. MH 4EA $1,670.00 $6,680.00 Std. CBMH SEA $1,350.00 $10,800.00 5' Dia. CBMH 2EA $1,670.00 $3,340.00 Std. CB 4EA $1,025.00 $4,100.00 lS" FES wfTG 2EA $675.00 $1,350.00 36" FES wfTG lEA $1,580,00 $1,580.00 42" FES wfTG 4EA $1,760.00 $7,0"10.00 Rip Rap 38 CY $"10.00 $1,520.00 Baffle Sb1Jcture lLS $1,7"10.00 $1,7"10.00 4" Perf. Drain 'Tile ( layed in sand core cut) 1320 LF $4.00 $5,280.00 Subtotal Schedule C Storm Sewer $151,008.00 Schedule D Streeb 0412 C & G 2980 LF $5.95 $17,731.00 8618 C & G 340LF $6.50 $2,210.00 Adj. MH CastIngs 16 EA $250.00 $4,000.00 CL 5 Agg. Base 6' 7480 S'f $3.80 $28,424.00 Bit Base Type 31 2" 5878 Sf $3.00 $17,634.00 Bit Wear Type 4111/2" 5878 S'f $2.50 $14,695.00 Bit Tack Coat 294 Gal. $1.85 $543.90 Granular Borrow 8640 Sf $6.00 $51,840.00 Deerfield Bid Page 3 ..- ._- ..--,---.------------.- EXHIBIT "E" Street SIgns & Barricades lLS COST + 10% $0.00 Conduit Crossings 8EA $250.00 $2,000.00 Sod (3'BOC) 2140 YO $2.50 $5,350.00 Cone. Cross Gutter 50LF $14.00 $700.00 SUbtotal Schedule D Slreets $145,127.90 Total Schedule A $127,730.00 Schedule B $94,495.00 Schedule C $151,ooa.00 Schedule D 145 127.90 Deeme.ld 2nd Addition Grand Total $518,360.90 IDEERFIELD 3RD ADDmON Schedule A Sanitary Sewer S" PVC SOR 351-10' n4LF $17.50 $13,545.00 S" PVC SDR 35 10-12' 180 LF $17.50 $3,150.00 6" PVC SDR 35 (SER.) 1087 LF $15.00 $16,305.00 Std. MH to 10' 4EA $1,690.00 $5,760.00 Extra Depth MH 1 VF $75.00 $75.00 Clean Outs 17 EA $61.00 $1,037.00 6" x 801 Wye 12 EA $45.00 $540.00 Conn. To Exist. lEA $1,000.00 $1,000.00 1 1/2" Rock Bedding 350 1N $10.50 $3,675.00 Sand Bedding Mainline 954 LF $2.40 $2,289.60 Sand Bedding Service 686 LF $1.10 $754.60 Subtotal Schedule A Sanitary Sower $49,131.20 Schedule B Watermain 8" DIP 1090 LF $16.25 $17,712.50 6" DIP 162 LF $14.00 $2,268.00 401 DIP (SVC5.) 1152 LF $13.70 $15,782.40 Hydrant wNalve 3EA $1,720.00 $5,160.00 S"GV 3EA $550.00 $1,650.00 4"GV 17 EA $390.00 $6,630.00 Rttings (Cast Iroo) C153 priced 3765 LBS $2.50 $9,412.50 Conn. To Exlst. lEA $300.00 $300.00 SUbtotal Schedule B Watermain $58,915.40 Schedule C Storm Sewer 12" RCP Cl3 140 LF $21.00 $2,940.00 15" RCP Cl 3 488 LF $23.00 $11,224.00 1801 RCP CL 3 108 LF $25.00 $2,700.00 1801 RCP Arch 203 LF $34.00 $6,902.00 5' Dia. MH lEA $1,670.00 $1,670.00 Std.CBMH 5EA $1,100.00 $5,500.00 Std. C8 5EA $1,025.00 $5,125.00 4" Solid Drain Tile ( layed in sand core cut ) 1620 LF $4.00 $6,480.00 Subtotal Schedule C Storm Sewer $42,541.00 Schedule D Streets D412C&G 3066 LF $5.95 $18,242.70 6618 C & G 1870 LF $6.50 $12,155.00 Deerfield Bid Page 4 . - EXHIBIT "E" Adj. MH Castings Cl 5 Agg. Base 6' Bit. Base Type 31 2" Bit. Wear Type 411 1/2 Bit. Tack Coat Granular Borrow 2" Street Signs & Barricades Conduit Crossings Sod (3' BOC) Cone. Cross Gutter Subtotal Schedule D Streets Total Schedule A Schedule B Schedule C Schedule D Deerfield 3rd Addition Grand Total 4EA 8970 SY 7079 SY 7079 SY 360 Gal. 10280 SY 1LS 7EA 1780 YO 140 LF $175.00 $3.80 $3.00 $2.50 $1.85 $6,00 COST + 10% $250.00 $2.50 $14.00 $700.00 $34,086.00 $21,237.00 $17,697.50 $666.00 $61,680.00 $0.00 $1,750.00 $4,450.00 $1,960.00 $174,624.20 $49,131.20 $58,915.40 $42,541.00 $174,624.20 $325,211.80 I . TOTAL PROJECT COST DeerlIeld Bid I "- ~ -.;. 12) I q85~/19. W Page 5 -- -,------_._------ EXHIBIT E MGI Exhibit 'A' March 9, 2000 Construction Cost Estimates Town Homes Dwelling Units: Edging: 4,328 L.F. @ $2.00/L.F. = Mulch: 24,516 SQ. FT. @ $.751 SQ. FT. = $8656.00 Perennials: 396 @ $4/unit = $18,387.00 $1,584.00 Large Evergreen Shrubs: 64 @ $35/unit = $10,800.00 $7,100.00 $2,240.00 $2,800.00 $4,200.00 $2,520.00 $720.00 Small Deciduous Shrubs: 540 @ $20/unit = Large Deciduous Shrubs: 284 @ $25/unit = 2.5" cal. Deciduous Tree: 14 @ $200/unit = 3.5" cal. Deciduous Tree: 14 @ $300/unit = 6' ht. Evergreen Tree: 14 @ $180/unit = 8' ht. Evergreen Tree: 3 @ $240/unit = 1.75" cal. Ornamental Tree 11 @ $125/unit = $1,375.00 Landscape Irrigation SQ. FT. 213,175 SQ. FT. @ $.35/SQ. FT. = $2,375.00 $74,611.25 513.206.13 6' B & B Clump Ornamental Tree: 19 @ 5125/unit = Sod SQ. FT. 188,659 .-;Q. FT. @ $.07/SQ. FT. = Total = $150,574.38 Multi-Family Dwelling Units: Edging: 1,667 L.F. @ $2.00/L.F. = 53334.00 Mulch: 12,344 SQ. FT. @ $_751 SQ. FT. = $9,258.00 Small Deciduous Shrubs: 128 @ 520/unit = $2,560.00 Large Deciduous Shrubs: 272 @ $25/unit = $6,800.00 Large Evergreen Shrubs: 64 @ $35/unit = $2,240.00 2.5" cal. Deciduous Tree: 22 @ $200/unit = $4,400.00 3.5" cal. Deciduous Tree: 3 @ $300/unit = $900.00 6' ht. Evergreen Tree: 18 @ $180/unit = $3,240.00 EXHIBIT E MGI 8' ht. Evergreen Tree: N/A 1.75" cal. Ornamental Tree 22 @ $125/unit = 6' B & B Clump Ornamental Tree: 48 @ $125/unit = Landscape Irrigation sa. FT. 172,720 SQ. FT. @ $.35/SQ. FT = 160,376 SQ. FT. @ $.07/SQ. FT. = Sod sa. FT. Total = Neighborhood Monuments (12): Edging: 1,500 L.F. @ $2.00/L.F. = Mulch: 7,320 SQ. FT. @ $.75/ SQ. FT. = 156 @$20/unit = 7,320 sa. FT. @ $.35/SQ. FT. = Small deciduous shrubs: Landscape Irrigation SQ. FT. Total = Small deciduous shrubs are at least 12 inches in height and include the following: Little Princess Spirea, Spirea japonica 'Little Princess' Red Coral Berry, Symphocarpus orbiculata Dwarf Korean Lilac, Syringa meyeri 'Palibina' Hardy Shrub Rose, Rosa rugosa Goldmound Spirea, Spirea x bumalda Anthony Waterer Spirea, Spirea x bumalda 'Anthony Waterer' Goldflame Spirea, Spirea x bumalda 'Goldflame' Large deciduous shrubs are at least 18 inches in height and include the following: Purple leaf Sandcherry, Prunus cistena Winged Euonymus, Euonymus alatus Black Chokeberry, Aronia melanocarpa Isanti Dogwood, Corn us stolonifera 'Isanti' French Hybrid Lilac, Syringa vulgaris cultivars Arrowwood Viburnum, Viburnun dentatum Exhibit 'A' March 9, 2000 N/A $2,750.00 $6,000_00 $60,452.00 $11.226.32 $113,160.32 $3,000.00 $5,490.00 $3,120.00 $2,562.00 $14,172.00 Large evergreen shrubs are at least 18 inches in height or have an 18"-24" spread and include the following: Taunton Spreading Yew, Taxus x media 'Tauntoni' Scandia Juniper, Juniperus sabina 'Scandia' Perennials are to be from one quart containers and include the following: Stella De Oro Damlin, Hermerocalis 'Stella De Oro' Albo-Marginata Hosta, Hosta unulata 'Albo-Marginata' Francee Variegated Hosta, Hosta 'Francee' ---' "T.---- .....---..-----.... MGI EXHIBIT E Exhibit 'A' March 9, 2000 Shade trees at 2.5 and 3.5 inches in caliper include the following: Patmore Ash, Fraxinus pennsylvanica 'Patmore' Summit Ash, Fraxinus pennsylvanica 'Summit' River Birch clump, Betula nigra Common Hackberry, Celtis occidentals American Linden, Tilia americana Greenspire Linden, Tilia cordata 'Greenspire' Red Sunset Maple, Acer rubrum 'Red Sunset' Red Oak, Quercus rubrum Evergreen Trees at 6' and 8' in height include the following: Black Hills Spruce, Picea glauca densata Colorado Spruce, Picea pungens Norway Spruce, Picea abies Ornamental trees at 1.75 inches in caliper include the following: Flowering Crabapple, Mallus, sp. Ornamental 8 & 8 trees at 6' in height include the following: Amur Maple, Acer ginnala Thornless Cockspur Hawthorn, Crataegus crusgalli inermis Shadblow Serviceberry, Amerlanchier canadensis Nannyberry Viburnum, Viburnum lentago Laurel Leaf Willow, Salix pendandra EXHIBIT E ~ VI VI Gl VI il: a 1Il o:c -< -< 0 VI!;; Z VI -< J> ." -< ~ VI .: ZIO 0 1Il 1Il VI VI :c :c :c :c Gl Gl ~ J> :t :t :c VI ~ "0 "0 ::>0 N $ffi~~~ o~m~~~~<<~:~o ~mffi~~~~~~ ~~oo~~~~ ~~~~~ ~> ~ ~ c-< "'PJ>mZ-< m:c-< 0-< Q .... 1Il0 -<.... Vli;o VlGlO mO . ~ cn~::a;t1 m~ ~~ ~>! ~n ..... mm ~,.... ~,... ~r- cnm > Z m i en .... I VI i II! ! ! 0 01 Jo ~ ~ ~ JJo ....u- ~ JJo .... 0 ~ I~ -'~ 0 ~ 0 ~ JJJ~UJ~ 0 0 ~ ~ '; ~ I~"I~I~I n 0 .100 .1.. 1U.l1 ,. 1U.,_. "J..oLJJ."! ~ ~ .LI~II I I I I i III i! J I II I III II I I I ~ ~ J: lillill,:?l il:1Q: ~ 010 ~I~IO 0 0 0 01010 01010 10 01010 0 0 0 .0 0 0 010 010 0 0 010/01010 0 0 0 'I J I I I I II III I I I I II ~I~ I 0 ~I~ 0 ~ ~ I I~ ~ I~ . o.~ 0 I ~ 11II ./ 0 , J~ ~ JJJ.UJ I~ JJJo Jo I~ JJo JJJJJJ~ ./0 JJ~ ~ ~ II 'III 0 I .1.. 1.1.1.1.1. .1.1111 I, LIJloLLIL'1 1 I III, 1.11 .,.. 1.11!. I. oU.lt ,.ILI1U.lLUL ~ ~ I I ~ ~ 0 I I ~ 0 I I IN U U 10 I I II I ~I~ /I ~I~ ~I 0 III ~ ~ ~ JJ~ J1'~ jJJJJ~ I~ oUJJJJJJJJJo 0 Jo ~ ~ ~ ~ I I I 0 II i 1.1.. LUL 11.11. I. 01.1111..1.1.1.1011. J ! I ~ II ~~ II I II I 11II I II I III1 I' ~ ~ i ~ ~ 0 I ~ ;:; 15 0 .... 0 "'/010 0 0 0 _ .... .... .... ::: 0 ~ 0 co 0 _ -10 -lol~ _ 0 01- ;:; ~ I I iLl 1 ~ 0 I U . .1110 0 0 1_ II II II I _ I ~I~ ~ III I ~~I 0 III a. JUJI = 11111 . .I11.1.11.UJU1. ~ I I II ;1. 0 II I .1. . 01.10'1.1. I, 11110. I" 1111.11111.1.01.l0_.'! Ill/ I I m U ~I~ ~ JJoJJ~ 1m JJJJ-'~ I~ JJJJo ....UJJJJJ.UN ~ ~ ~ II ' I ~I~I I I II II III jllll I III /'1111' I II ~i~ III ~I~I 0 ,~ ~ ~j...., I.., 0 . I I ~I~ I ! I ! I ~~I Ii I 1/1/1 jllll I III' I' I II!! I i I Iii ,II I I 0 I I ~ ~ ~ 000 0 ~L;;; 0"1-1.... 0 ~ !:j 0 ~ _ . _ ~ _ ~I~ oiJoUol~ ~ ; ~c: !! 11I11 1.1.1 0 III 1,1, . 1U.U. I. 11.1.11 I. J oU.I.lJU.U.U1 , ~ ~ \- ~ II" I 0 10,Jo L 1.1.1.1. I. JIL . -'1 JU.lLI1U. f ! I I ~ I I I I I I I I II 111111/111/ ~i~ I I g: I I <0 ~ ~ ~ J: .... <010 W ~I.... ~ ~ ~:;: ~ _ I~ ~ I IN N !0 I ~ I I . 1.1.1.1." . . " 1.1.1.1.1.1. 10 .1.1.1...1. I. 1.1.1.1.1. .1.11.1.1.1.1.1. j ~ L-_ __ I ~~~--'__ <'--'--"~--r-'''-'"''-'-''-'---''--'--'^-~'-'-''.-.''"^---'---,..,. EXIDBIT "F" TO DEVELOPMENT CONTRACT RESIDENTIAL STREET LIGHTING POLICY BACKGROUND The City intends that this street lighting policy promote the safe travel of city streets in a manner both fair and affordable to the City and its residents. Residential street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by resident petition. The capital costs of residential street lighting shall be the responsibility of those residents, or any portion of those residents, determined to be affected by the light. NEW SUBDMSIONS: All lighting plans require approval by the City and the utility responsible for street light operation and maintenance. In new subdivisions street lights shall be placed at intersections, every 300 feet between intersections where intersections are more than 600 feet apart, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac with the street is greater than 300 feet. Within their developments, developers shall also install lights to City standards at the intersections of residential streets with collector streets. The developer shall pay the full capital cost of every light to be installed; this includes poles, fixtures, underground wiring, and all appurtenant work. The developer shall pay operation and maintenance for the light system until the City accepts the project, at which time the billing shall be transferred to the City. 100 or 150 watt high pressure sodium lights in traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions. Where a portion of the development is already lit, new lights shall match in style and wattage those already in place. Where a developer wishes to install more lights than warranted by City policy, the monthly operation and maintenance costs of the additional lights shall be borne by the residents of the development through their homeowner's association or similar organization. Where a developer wishes to install non-standard lights, not available through the servicing power company, the City will pay operation costs equivalent to a standard street light. Maintenance of non-standard street lights at City cost will require a signed agreement between the City, Developer, and power company that provides for power company maintenance of the non-standard lights at a cost to the City equal to or less than that of a standard fixture. EXISTING SUBDMSIONS: Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends to the City as a whole, these will be done at City expense. When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of the neighbors affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City prior to circulating their petition to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet where the distance between intersections is greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac with the street is greater than 300 feet. If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the installation of the light and shall include the cost of poles, fixtures, underground wiring, and all appurtenant work. The method of payment shall be as directed by the City Finance Department. The City shall assume operation and maintenance costs for a light from the time it is energized by the utility. In existing developments new lights shall match in style and wattage those already in place. If no lights be currently in place, then 100 or 150 watt high pressure sodium lights in cobra-head or traditional style shall be the standard. I: \oofiles\oosubdi v\ finalpl\deerfld\reddvcn. doc 48 07111100 /~ I UJA TER EL. '34~ SHEET13~ -=--::::::.:.- -:~~-:-.:::-:~-~:- ----- --.--... ".- , , ,~ ,~ ,~ :p ,::: I DIYERSIO< , ~ .. $TFiJCT1JRE , $!-lEET 23, . .-.L. _ I . ---I I .- , -- , f - . ..... '__' , i ~. , /.. " ,I ~/ / " /) ". ,--_. ~.._,-_... EXHIBIT G DEERFIELD 3rd STORM DRAIN OWNED & MAINTAINED BY DEVELOPER I ASSOCIATION .'..-...... 1'\ ! II ! J~! 1 I ~I ~ I 'i' '-, ! ~ \ i ; i\ ! ; I \ t: . I " I: I \ i : ~~ I \ I ! ! \ ------------------------~-------~ 1_--- .----, . Z .p ~ L.r--J WA~ 2 /7 I 'I, ~- I i / \1 ;:... - "- .. ...~ _. ~- -- f ., ,: ": . --- .-.: - - -= ;0' - ~ . "F-1 ~""I-: -~ IMI181-1~ . . --- l: I--j i I !~I. _ II' I~. -i' ~~ 1/ ! - I' ~l~"' . ,-" I . '. ' (. \ ,- n\\\-\ ~ ~J _'-____.c____~~\\,\ . . t:. I ~WN~~~p.JtVi - I' :.-. . , \ . . ~ --,..) II . - p I 1 . j, J . . . i i · , ~ l.,-,.' , lJf- I. ;. ' - n J' . I I : · .; i ~. _, , .' _, - - I I.. _ . -- I ' 1 ; I 2 .l-'-----~!--:-. --: . II :' " · I 9 . .,"'\ ~ I ~ I-I _c I ~ ~ -~tt J: 1 . /' .~~~ .t~ ~. \. '" / / ~ ------,' - .~~-, . -' , . :.-/ 101 ~ . ,;.....- _.__..----:.---.~-- '. -- - D It9lSHEET20 ~/?)~ : _' ,-'8 - : I --4- \ ~~~ ~~ · _ I fOl,[~81 _~~~'. ~~ 1- I >-- . "', ~-~-~:~-.:--:-j . _~ - f ~;;, .? ~-" r~W~ ~ """'~ - I. ~ ",-~" ,/&- ~~~~:/ .4::;!~ ~ ~ &Yx-~ ai$~ ~ / A ~~ . . % ~ ~ · ~~ ://,7;7/// . 'XA ~ '" ~ ~ A 7..lI ~ (2 - r. /1 / /V V lS. ~ l 'Y~ .. ^' I~ ~ ~ ~~ . ~;//;/ >: ~7 ~-~. .~ P ~/!/01) . ~ ~ i ~~~ 0~ ,~<- ;:.";~ . //%./",~ ~ ~~ 'h fA/; ;. ..ry: -K-tOi >:~~ X 1 Lt_D/i ~~~~ "/.~ Y ,( -~:~ ;V>"V~ -.- ~~..~ - /% L / / / /_: / . _~ ~ ,-- -' I I 't " , , u.ETLA>O NO II .- ' ~ ~3Jl) . . SHEET 14 STORM DRAIN 0 WNED & BY THE DE MAINTAINED VELOPER / ASSOCIATION .......... EXlllBIT "H" TO DEVELOPMENT CONTRACT CONDITIONS OF PLAT APPROVAL 1. A current title opinion or commitment of title insurance be 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 be submitted. 5. The developer provide 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 60 days from the date of final plat approval. Failure to record the documents by September 17, 2000, will render the final plat null and void. I:\oofiles\oosubdiv\finalpl\deerfld\reddvcn.doc 51 07/11100 . -'-~-"-----"-r--~----'-------'-'- - -- s '" n~ ~ ~ if n~ ~ ~ n ~ 8 n g I i ~ g t . ~ I~ II ~ b . co IN ~ ~ ~ . . I~ S ~ b ~ - I- $ ~ . ~ . I~ - ~ 0 S tl f ~ ~ o ~ E ~ c z ~ 1 ~ ~~ . ~ II ~ ~ I ~ ~ G .. ~~ !~ ~ ~i ~i ,. ~~ s, h ~~ 1~ ~ ~I ,'J ~,i It ~ r" ~~ ~ I'll Lc.'.li~.8...'111!. ~~ i ~I 1,<<~l-l:.:-l:H "III ~~ ~ I '\ 1 n ' ~ ~ ~';-~" ~~.. ~ UUil ;g @ r-.;> UUil 0'> = ~ ~ [jiJiJ ~d ! I,-f\ lif~ I I.S I '-L" I Irl_,:L"-"-i ~ : I,i~()oo {J / I ~~ j / ;" ~ i I I ~ ~ ~ l ~ ~ 1"~"IIDEE~~~ELi~1 DR_ HO~~~C - M1 _....._ 'A . -.....A....._. PARA......OUNT ENCINE.EftlNC ... DESIGN .........llIII1.JJltIll....r.u,..-:J'IA_ ,""..,""'- -- ~~-I ~ II'~.~' =- ,------------- m:1i;:':~= -~- ::;',-=-flfli..).....-=-:.-=-- ;. _ lIlNiJ. __ #/;.rt- nF\/ISI=l) f\T":'---;-r-.l. 1, _L-II.-1_ l-;-~-----=----lV".--\l-;;~:r--~-T---;>"i"'..:--~..-\--.. , ,.. -~ ',,- l'~~,' \,\->~~"~~ri'iJ,tLljJ~~-7./1J ~ \~\-----\-~t: \.':i6i i"~:!!"~..- "(.'--'.-'- ,,--~\ i\ 1 !!.j' !~i !: N, R'~ ~y' I L, 'I.:/J{;-'\\ ~\ \':i\iti...'i,!, 'v"J.. 11....{v \ U,. \ __ ~., . "~ v,' e}~' "~"~'" \-~ ~:;.... _ ~~~~MSr -:-_~ - \( ~. \ I /- f' \\ u",~' ;;~ \ !'.. ',\. .., ~~:f .;.c fL~ /~..:\~ :~'1\\ 't.. ..,..< -~~~~~~~~;.L ~, - L il ~~'<:><,'~'lrlIfJ1 ,~~o,.' I~'-'\~/\ .A~ \ i~'~!'<'\"".t'~~~~~~ ,!' n~;.pi.\!"'Y.?- --'-'';'l -- --~~~- r~' . /J!i-');->'~"J~:"III[O~}I'~> 'J//- )-:;.~.,,\ l_\'~'~~-~;:~;-~~:-''':-''~' ~s::~i\ I"'-"'''};~:'~,' ";'" i ~ t~'/ '..;:~~) "{'f~--''''V'' J",(",/ /'{f""..F~/-1"\'-!:I-'li' "'\\",,"'y;/'/'-" 1~~'C:~'11 -" I'-I.;{) ~)~~'" '/'l{ /ji':.',J~,;}~:p-\;';~ ,,~iL\ F~\"~~'~" ~:4)."'<1.>~~r~~;""'i~l,.l~\'_,.-''-l.:;. .~i i;lJ ' ,(( [iy./l f f:l i": )', ''',., / I ,,' # ''/f/ /:' \ i!....'\' .Cq>1 ,~c --'-h\~ :-~ 1 '1" r... ~;;j :10,,' ..it ,,~ ~ C \ '''ltlIIJlf1Ull\- ~...::!. t.... t ~l .. ~J_j It" """'- """ \ / .7, \0..:.. '~:// ~ --~ '.... {~-' 0.(: :/.."(, 'f -1~//~ fo4t.,?~ \ "....., II '\ ~-{~j ~ ,<.!l: '::"'<- ,~~/ ~/~-, !~>.i/;{;. ~\!i'\ ~ <r.-----""'::::---\<,,i /,~ :",,~~..,- 'i$\' . \;/ ! "\ ""i-""~J~I' r ;:'~..J 11 ~~) I ,'~ ,"~~ ",I .......,,~p;..~ ~!;~',:; 1\ Y \ ...:: /' ~' ii~,)~~ /~" '"i::3\''' ~g:/// e \ II "--- / - :\ "..1: ~-:;.,. "~'>" l'i;~%{';.""il~ ",' ';../,-.....~- \ .y' >..' '1;#/f '~., ,.'t.' ..."};:/ ~ I . . a. r _ it ,', ,~.,-~/;....,." ~::-... ( \ - '....'~ //" ,a-, ."~;::- \ I : ~ l1 >~),' ~ ~~. ;' ,.;', " "', .\ (. '''-;-=-'' ,;.'V" l\ 'j;' ~ l~.,; ~';;/i' ,,,," '~;'/ ,: /' . ,~ ~ " ~J r ' ~ ',> '< h", · '. \..... :,p'" \ - I ,.J;l;i " . r- , ' 'I ' I I <5 I I' -, " -, I )> -~, "',.' '<""'- "" ~ "\' . ~ 1"'-./ l-- 1.$,. I (i, ". I I ~ ' I'i-,:I'I( - / '<~~~~ _,-1/ l \! ;"':'C'il '-!~' I, ~ ., //i / ' , , ''',:..:.:~~ \ 1 "I~ I ~ ~ \ ." l- , ,~j'-, 1 I '" '~<X .\1)_="-- -~\-.,!' '!~j,'I' <5, ~, ' : ~ !L)I, I '\ ,,~~ '....~~ 'J . \.. ~V,--'~-'. C;,>W", - 1\ ! ~ -t 9, I ~, l I ,- ",,:,', '-~'\. ,\ !'~ ~ I!.:, I" l' "I_~t~ } f;' - \ -, ' ~, \ J~ l ~', ~ d~ ~,:- ,\ ... 1\'" '. t . 'I '\ r IJ \ , ---- 1,\ I/O \ '. ~_ __, 1 ~""" ;, '.!' \ ,,--.J-'~_o~"-~' .' II' ;~'t,1';" i" \;\\" / I,: '), - I i'i,.\ \\/~, l' ~ ~' \:\..\~ ~.-~---- -----..-- ""\:."1 f..., ....\\\" ./ '- 1 l : '\' ~ Il'2Jr:J-)I" \ 6 - J I',"~ '~"5;';:::::~~1" !-_--=- \. '~:..t-;:-~" . ~ ~" ,I ~('~! 'i "', I ""'",Ij/'js-;\., \ /~-~,-,--co- / ~',\:,"'K~:":: \\';' ;'":~"~~.,\i;:(..::...../.!~,\) ~, I Iii" ~ ~' I' _ '" - )\~) ) \"__ -' - ,;':'\'_ ') , (~- , )'\~.'~, !- \ l~~" :w \_'~~~':::(~~":- ~. fl, ' J I, \ !;'I' ~: ~ I I' .' ,.:J 1 II<, \ f '< ~ \'\.... A__~. :"";t-i\'.=-" ~'~,:. - i~ ' I' ''\-:! I' . I' 1 '~If r? 1\\.,;/, \\; \ ''. ~v~'1 '.~~lQ~'llli~' " :~.... Il'~! \ \. \ /)/Jr" \1/ \\\~)~\ [-\-.l-j\l\ /~7/~~ ~~\~~JY ~.;~~;;~ \'~, '1- /1/ I , \} : I \ ;, \ } I \ J1_ 1 / ~ . .1-- ~__~-.-\ Ii t q- ~III I : ,1(1. \. 1'[('-0.1' {''C_] ___I . \ ,I __:::~~-~~~'\-''---II '--,I ~. \'__ >~ '.--., ,'~ ) :! ~ 1[:-l--H~I"C;p~~~l\ ~.~;~. 0~-f'_'-;Vi'; ;~:\ JI" 1- il\ ~ r- - " r:- ~l \\ ..</ J /, ~ \ III \\r~'\..G)\r\ ""~~~~'.\\1 \ i-.1)i6 · 1"1111 ---Ill \ ~ //8"----: \'};~ '\\\~\ ' / I P?:. I ~ ('1~~ ,[\_ - -::;:~ I .'~\ I '.I</~ "r . 1, : .i. 6.1/ ) ( " " ! I // 5 I' .'. \.', {/:c;v -J"- - .c~/ \-~\,. _I~~\~, ,!f~, I~/I -' 2'/ / 'v'''IL--! ..... ,--____.. (~'&V/I~t//- -~~ l'll<\-\f~x''\:- ~\\\;~JJ--~ ~'f'Jh"'" :/j,/ / -' / -- " 111-' {II 'II \\~\1\1; 11~\.r; 11;\1 f. /.' (~-. ~ \~" Iii I. )" /',' l- -~!/ ,I ","..: "- III v.:r ('( \J \ \ ~ \ ~ I \\ -'(.. , \ ''4 \ )). ~ 11 '/ I: .. }I I \ I ...... 11\ (-\11 \".,_,ILI'! 1'-- ;'\'-/~"\.. ~/,,-,'..\.,.'#if./I)"~ (} I g 1'1/ I I ' Il 1. Ii'.... \ 1".-:.y-~ ~~ \ ,,""\ \ \/ / ~ --::'" " .'\::::'$ $;."/ - t I \ -- , " , -., 1\ \ ~ \ 1.:+-\'\1; jill, \....(,) %-' /<< ,,~, '_ 'Ii'o' ,,~ tit Ir I \ " \ IllS ~'-~l \ \ 'I ;1-1-1 'II \a, 1 \:& \ \\.: \}') \ \.';.."'::> ~ :"CV.I/'\~..\." ~/t( .I;... " \(\ 'I' ...... - \ \, '~'1d \\\:" I("'\\~; I, lri ,\ ), \ t:::-_,,,-::,, <\" ,,0 \ '.;-)i/; ~,.~ 'I..,.':.";;;' J '\ \ I 1,1 . --: " , '\ L-'\.' \ I 1 _ t1~""'" -- ....('('L\,t.-~'~:<'" / I. ~ ~~ \ \ / /' -' ''\. \ 4 t)\\ >. UPlW\.l ~' ~l)\\\'f' ..)\~~" If!>""~'..:.~,..-~ )\ \ / \ ~/61 '-<" ',' ~\ ~:I, I (\'.',1,-"\\:~~\i::\~~'~~J(~S:' ~~,,~~ E:~~~ 7:_cUo~:::~_-~~o =_ i \, ,.)J J \'-,i ," \\'::1 /\, \ Iii' \ \ -t"~\~) I r- -f:- ~ --.:.:: - -- - .. ~ L 6 I'la ~' "'I ,,-, I-I. \ 1:\ !ry..lr' ~- "'-"-"'",,-0___ "-~=-~ ,,~:;;;;:;--" \~ "?::~: ,--- - -- ~ )));:.,... :~}/f'h/) '>:c, '~ --=-=::.:0_ I _~,,--_""'_~_NT~O~--:-_-~-~-=-: :=~::. "":"'~~\~ \ ~ /,,-/='-;;;f: t'-=~?_~/~' ,::', \ ~ ~:]t-~ "'~'"'= , \\;/\\\\'1~-,=:-1~~ 7t!:};)-;:1 ~}~\:~tFftt~~~2J~~\ ~ (~: I :)r-~; :~t~);:I~ :rt3i I ..,:~ \ ,,~,/- \ \,.\:~t('.)l,S\I~I(~;},1 ,~\\~_\ \:~'~' 'i:-""J.(~~\\'ri':'.,'\\\\:. :1 j.l: \ :~t.l: ~ r :I':f~ ' i ~\ \'\'.\'1-\ \\~. ,---~- :-~~\~(tR~~\\~A.~ '~%\\ · ~~V0!~{fo-\:'\:~~ .\\\~ L'-l,' , !, ~,;n~ '~:j-:~: :tt5: 1.\ f ~ 1 \. \\\\\ 51(\' \~'_l \~). .\',\ (~y~.\,\~ ~~<-:-::-~ \j!I-I." \ - lif ,11 Ill.I,J -:;:----==-I 'i , 'Ir'l\ 1::;\ \ g~;\0'" ,l~\ )"-"--~-""/-' ,'.'\ ,\ l,f.1 r~ttl 1(1-1[' -~'" \III~-~L_l\ ~\tj- ,IL -~j'~- gpJ] \~tft'~j.l~-:ID-\k\~'\( '\,\l~.~, \\ ;~~j: /!_~I '~_P,,;!)':rN.~/ ,tl::____ \1 I [\'\M~~ 'I is-:! ,i/f:" ~.~'0_1) 'SI \ \\ .- --'" -'- I~t~ " N '~l 'C;:J \ ~:- L' .,~.-\)(."-' /:..-~.:-::. I~,' J \ 1."",lI~'- .-'\ ,~\\ . i , (1.f}J':20 ....., '-/~\ L~ J .- I \ t 1;1' l j-J ~ ~'--------: !:-:-.::..:--..' ''2/.....,--.;,\ \ · \ ,{ - t....1 ,a_, J , -' /' \1 v ' '....~\~;~ '\1 ~~ Il.~~'~~' >~~-~""'fiil}~.\;~\~'''~\\ / (<I [/ / \, '\'~i: \ \ ~1-\ '~~ ar;,l'i:'::::;-:::--~:\~\~ ~'.)\ \;,\~' \ l~/ I[lt,\\ \ '. I\~. ~"'.r:'-" "",,</1 lre- ,. ~'-~-=---\ II ~/,,/, \-\W, \.. t \ --r;::;\'':G' \ ~/I ~'-':P.-------.-- -- -vi ~~\ \ \ ~_j~ Cr:~;-V\ ", ~ -=_l=-~~~;'1\t\~~~<!\~'f \),<~, 'it C -;~~-:- i \ \ - ~ I .-, \1\,' n\\~\" '\11)' ,1.- - :-,<~ -I'''~\ . '\ \\I~t;\.1 I'-~.\J ,~~:\TI','j\J_l\I\'-".:-._~- >-~\';,I~,",~\.... ,--- \\ 0 . 2.1 pt~\ , / \,~~;l / /------- -- _/ I' ~\(l\l,1 '.', ' ' \\ \~! ~ I[i\\ :?1\'~;'~~~~~;'w-'I~\~'(~D'\~'\C\ \- I \ _ '\\f8\i' ~\ ~ \ft~(\:'i55>.~:;:~': ;.\.I~\ i~i~u-:\ I 'C____________.- ~ 1 I ' :: , \ - ~I~" ;' / ;;/( \ y/;- -'~--:- -- I W \\ I 4 ~,"---_ -- /' A"" ::I..-^ '/ '1- \ \'-J'>~'..::.~</./',u~~ .-'v/ ,,/ ' < \' I !II - - (\.;<:';\:1 v /1 / \ ' I' ,\ ',., I Ii! 'l't~';..; 'i ./ -' ,,' \\ ".'f' If. 1,'(' \~<--< ,./. - -/' \ I~r I_JII~I ~ ./ /' ' I ,\ ----//// ,"1"1 \ \ ~ .t._-~/ /'" // i I i]" ~~'--'-l \ ',~ (./ __ / 'I ! ',l t--+r-' . iI \-.... ',___ '- ;>,L- - I ,~ Ii'.' ~I,H~ - 4 I -',~- ~ I; Ii ---{~~~ \!~, ' +-.:1" - ;:~! I k1 Ie. - ~ ' I !'I'~ . :---~ J I i I ! ~ I I . I lii:'P'H"I!\I '16 ~ ;~i~I,~~j3~~~a"~5 . Il- ~ I:tj, H,:iiITld'll I !:~ ~ I. ~'ll !I I II I ' ~ ~ .\', i ~ \ \ \ ~t.,: t ~ t II lJl . IIH'/-' I' - ."' ~llj \~~~;i;W': 2 ~ i il.l!!!-'!~:Il! ~ "IIIIWIl!,. .1 ~ .1 OJ'! 'I '. II!lL~'~' " ! -.-'"', I .) II ~:i~~~~ = I ~ ,.i....I"I!. il'lillli' \'. ~ I'~ ". i~ ' d ;j:fi\f.? ;1' N uup' I: !!iiI~U ! i ~ il!iim,'l i; [jUj] (~J : hlill!'! 1 Illlll!\!\ ~ "WI!I u i 11'11-1, / ~ . t fdt" " i Ill!'!: 11'1\111 ! , !.ij!iill 1"1\11! 11'I!i I 'I I I. f I I (~ -::::=-: L -- ,'" , Iii ., ii II l\'1I II! q j . " I I ~ llill'" I. ,. ,j ~, !I ,.. k I . .. -jll' x :i I" !l!iH II ! Is !" .,. . I !'ll~ m 1 ! II II I',~ I !! J illl I 'jj III r Il,J . H ! II 41 '!~I d 41~i411" Iji!l! e !lijlil1e , Ii , I!!j' i:; . '! I ~ jjll ~ I ~ jiii'; dl i ! ilimlli;im -II . \ ~~ - -I';' ~ il i il'~ c; ~ , Illl I In PARA.......OUNT f,NGINEI:'UNC .. DESICN ...,.o:.QlIIlll'lI11.'\l.,...~1II1A ......-- ...- ~. [ 'u,,~.~. r'".~ ..~.. ~---_...._.,...._.. ..-......""'~.., -.... -~---,.......,--- ..... :. ~.-:-.._,;..-;;:~ ;;;,:::';.E~,-:: HI -'-~~'LDj ...- ~ DE~~~ELD OK. H:~T~.;:'=C - Mn ('~:::: \ 1\' (.: 1= I) I '\ , '" '---' '-'" . ~~.~--.....->^.,~~-_.~ --- ...--~~---~-..--~.-.~"" "-_._,."" .- -. . T ....-~OJ........ QI 92~t;: ,~~ :!: z -+'-~OJ~ '-"roc (]1 ~ ~ m 13::3-~ ,/) ~ Z ~ Z ~ m~~ m I ~o2! -j --J~. ~ . IlO ~) en ;:;:c: ,D :D < ~m .".~ Z Cl .J . ~ { lWil @ [iijiJ = \~ d \ '-" ~ N u' 8 c~ ~~ ~~ 3.~ ![ ,~ :g ';, ~-: c, 3~ ~s ~, ~ g ~ l ~ ~ J ~ ~ . a" i ~ ] ~~ , ~ f ! Ii 0:' ii " i:1 ~~ ~I f'1 ~I ~I ~ t ~~ '0 ~I f:: 1 T i .' o ~ ~ ~ :-fl ( i r: i o . . ..;:0: ~s [! .~ i!t I 'H z: z ~.G .... ~ Q'";: ~~ ~~ ~.~ !~ i" P i[ ~i a';; f; ~~ !- ,.;; H ~ ~ .... a ~~ :rl ~~ i! gO a: ~~ ., . . ;;~ ai ~~ r.; o!\ ~~ ~o H H . I l ~! g~ I~ 1 ~ ; ;; r I I t !{ J ~ ~ .' ~ J . r ~ n~ g~ Z;;l :1~ ". ~" oili ~~ ~ ~I!~ U r" ~;:~! f3" J:; i ~~ ;t cr t 3 ~ OoCl i l f~ ~[ 2: o! ~ i\ it ~! Nl :r~ ~i 81"' !::::~ l f ~;; ~i I ~ i 11 i NX ~1 .g ~Q ..u- n J ~; !i. ~I i~ ir il ! n f ~ ~ n . i ! I , . . J; ~ . , . . i ~ ! ~ 1 1 ~ 3 l ~ J . . ~ ~ f ;; gi I ~ /" ! . ~ tr I i Fo ~! e. ~. -<2 ~ ~ ,~ li . >f . I i ~ g ~ g I < l " g -; Z . . l;> 1 ! ! i i ~ .~ [ ~ i ~ if ; l i I I. :1 g I 8~ l~ ~ ~~ ~ ~c: f ~~ ~ ~~ i ! ~ ! 0 o 18 , ~ ~ i " ~ . a , ~ ~ 1 < ~ I g I ;5" ~~ jj~ ~= n >>1 ~i 9..$ o Sf I : i s I! i 5 : ~ ! 1 ~ ~ g ~ . 9 11 it ~ . ~r . .~ I; l ~ [ j ~ ~ i 8 I I ~~!;~:~ii:~~~ ~[ i~:~~it;~~~~l3 ~:'l~p.~~e:.! o~Jo;:>-:;~.J.i'-lf;:.o ~H;i~i?gfH~. ..;:~ z~;: ~.~:~~; ~::igigj:~i!i i~;;~!iH~~~! al;~i~f;~i~~l f!l8;a~:~::a~ J:~~;~~i~~~~l " ;l;j-~~.io~~~ ~~~~~i~~l:;'~ ;1] !:;"~~~E~f . lll!g~:lE'l.ol!""'.. qa~!oCI~Q~~iOZ S:e,:-,:i: ~~~r!!S f~;;~~f:~~;i ~g';[~5~~~~i .~. Z;:;7~ ~ ...~~ 0 q~"~ ~... ~2.~t~2'"~~.o lil~:~:~~~fl lti':.:~fl_a:::o~~ ~!i~HPHH ~ f"I ia J"le ; <> ~ ~ ~ ! lS3:;1 il ~l; i ~ ~.; ~ : fi~ ~ 1;1 f~~ ~o.: ~ _N~g ~ !l :r:., ~ ~I: c: ~ '" ~ ~ e:~ i ~ i~ ~ ~I ~ I ~ I ; I~ .' ~J 80 I! H ~ ~" ! ; l; I; ~~ a~ I 1; : i" H n ~-,i : ~ ~. . , ~i ~ j ~ ~~ o~ ~< ~~ !,; ~~ :a ~f I" !f g' ~. ~i g~ Z;;! 3t ~~ .~ OJ fr ~:;: ~{ ;:~ <. '0 H i~ Zn :f ;. Pi 8 1 !{ - i ~ ~ :fg --. f~~ 5 . ;~~ ~<m is; o.fl~ ~c:k1 -8:"tI !!,l! i!.~ i~~ ,g- :To.!=, .. s_::o ,,0.:1: g! Q 3~~ ~!~ .'. ::~ 5" ~ii ~i'~ a~ ;~~ ~F;' _r>~ ~~~ ;3 i- -!~ ~ro . S ;:~ z~ ~a &:7 .' H ~'" !; ". 0'3 J > ! . ~; =.: -"- ~i ~r ~! :::.. [~ ~ . ~f H '" ~ ~ [i ii~ ~; . =mi :1 i~&ai ~ ii3i~ ~ .~~:~ l ~~~~i !x:g-: ~ j r. =0 ::r t ,~~;i ~ Jl~;~ ~ ~~H ~!!:; -s d;; :~;i "j- ~~ =; :~~g ".,"!\ Wi ~~~! ~:tt .~~ :>g ~~:f~ 1m -"",~ ; ~ :~; ":-f' c m m :XJ ." - m r- C I ..~I IMl l "to> @ -n ;;0 r-v IMl Ol = ~ ~ IMl ~ ~ :0 rn < (' I' l \ ' ,-....CIJ..... III ~3~: '-"'lIJ---'Z ~~~~ (J1' .., I'll ~~~~ Ul (J) < Z ~l Ol~~m r~ ~~ ~ ~-I ~ Q Ul ~ a- m ccn ;;:c '" :II < ~~ z Cl NOO'05'3rE 261539 ~rs j~1 V! ., . I,ll i'1t t-},C),.J. t ~/) <... \ '? to> '\ ;: t'l z 00 ~~ 000 ~~" i o ~ '? .. , '/ ..; . r>~~:~ <_.\~:- ~~ ~4~,~~ b ;~~ ;;~.,,~.!:I:_-------:------ ~~. \ '-41 .tt '-l~-U () -7 L_ CJ (/) ~-z 0 ~~ .00 5-:i 3 30 N No 12.wg g ~ - 0 o . c ~2. ~; n - 3 o.~ . 0 . o n 0 . - 0 ~. ~g'- ;::-.:......... 0 ~ ~1 ~N 0 '? 0.0 a o. ~ ~.- . 0 ~~ ~ ~ ~o: ~~ o.z II ~5 z_ ag l~~ 9 " . - o ~ ;~. , . U;~~ ]"; ~a;: 0 0_ a.~(lI g" -" ",-" ~ ~'2. g '" 2.i:. <0'" ~~ ~. 5- I ~~ ~ ~ ~r ~~~ . 4 " ~g:6 ~ , . c [~ < < \ )> - I '? f--I' , , C> -rl ,- -Ii ::':,1 () -;> L_ - -1 -~ J> (,') (,') ]> /, :~ 1-1 -, '" , ~ '" 1'i '" , ~ Ii I ~_)L)lr\L) l I I \IVI\ ,il C""i\1 I-rt I '-'UU I rl ;:ft/ ~~ '<,}C J \ T-I' I I ;~l -;> ,,- ill (,') (,') c m m ::JJ ." - m r- C ..'.-.--......-,"..--.-------- 'O:;g'; ; -..., 0.. ~~~~ +-=CD-4 ~? ~ rn ~~~~ <0 < Z ~ ~~:~ I: rrl ~ O:!! pi --.J~' ~ -- I ~.. .. g'", ;.:j " < -m -.:~ Gl \ \ o ~~i ----.J___ _-..J__ ~ i~':-r lr-l- ~ ill L, Q '0' I I !:~ ~-Il :. F~ II g!i ] . . I I ; :H L J L _L : ..... - - g li~ .-l~ r ! d~ __ ~ ~H "~j L~- c I m m :JJ '4 ." - m ~, r- .... C \ ~o~ 0 al :'~g_. 3~ g~ ,,~-?[ - g~3 o.~ ~; :g~ !, ~~ :J 0 7"-3......_. Q ~:~ ~~. O""Q a !! ~ !....2. ilia OOw rt,< ;:; iCg Z.... ,";5". P ~ i ~: ~~. ~~ ~ "':T ;:0;: 9g' a.~3 ... ~ ~6- ~~; ~ g~' Go.; N. . 0, g~' t . .. ~ , 3 ~~ H I~_ j'f !I ~: 5~ ~2. '-"~ ~l ~ !~~ i ~ ~ ;; " '" ; g ~, \ Ul n ~ R F \ 'I 'o,. --. \ . " J ~'l_~ U Ijl? ~ 1--1 I ()l o ~CD- ~~bl .....~ ~ ~ ~:::.; 0 ~F~~ I _ ~ rn ......:'J::;,- Z wzaCi) ~(Jl~ ~ u> m ~S?a ~~. ~ 111. C CIl ,,-,C " :II ::r:i ..-< Z G) j;! ~ ::-f---'- a '!i ,11 r- 1 la' ' . I I ~.' ,t, ,~ I ; ~il II ~ iii ,II I ;:;-l _J L i ' !l[ -T- ~- i ,,1-- ! ill, --- l "~ . 11 .-+ ." ~~&;. ,,~ // z (J) fTl AJ ----1 RF-" -. \! j. "l_._ LJ b~ :o~ 5"~3 ii~ . a ~ ~i: ~ ..1 i~[ .~~ :fi !t!g ;~: ~~~ ~,. 3" ~[[ ~!i o g~ :I 0 ... ~[ ~! a..: =--: !, SI :7,.,;, .. 0 H i~ I =,: 5'.5; ~. ;~ ; ~~ z' ~ . 3 !; - i ~f . ~ '" 1'i i g / -;~ 03 =! c m m ::rJ II r- - c - ~ s ~ ~ i ~... ~ ~.. n~ fS f~; ~1 ~~ z~ 0 ;:1 ~z g ~^ m g~ O~ jo 22 ~5 [ _to ! . ~~ ~ j , ~ ~ g!i11 ~Q zi'l H~;~ H ~i'I n g j~ "n .< ! , ~ ~\l ..~ ~~ ~ ! .' cz ii og-< Q Q"< cz Ii 1;1~ ~ ,= "( >- m j z j ! I ~ ~ l!:1e. ~ . 1;1. F iFH ~. !~ ; ~ "-~ {. ;~ .;' ~ 8 ~ ej~ n~ Oz nj Oz ~ . h H >z ! .x '" 3 ~~ h 2.; ~;li ~ !i .0 ~ I J ~ .~ :i~i~ o~ ~ [ > r'~ ~:s ~r ~~ ~ n ~ . , i ~ ?2 " ~ .< it fg ~l_ >~ P . h ~ ~ ~ ~ ~ !; ... f~~ii "'. ~ . .0 i~ :0 8~ ~ .. F z! ~ I ~ i~ ~ ~ l . ~,j(! "n Ii> ~i? ~- ~ 0 ~j(! [ I ,. . [ f !'n ~~ '~ ~~ ",..oa ~~ ! . ! jo [ .~ . ~ ~ t->;~ as I~ ;~:f~ :0 . 2 ~ !S ~~ 2 i ~~ 3! l . , f . 6;i! ~~ "'j ~! o~ &l'l ." il -! a ~~ i;: 21 I, e.~ ~ &z Ij i K ~I ; q7 ~l It 31 ,;1 ;< ;< ,. . I a '~3 ~;< ~ ! ! % j.. c 3 ~ l l!~ !~ i~;l H 03 . r .' e. !t " !. ~ ~~ f .." ~ . e ~ a 'e.1 :..i :i ;~11 ~~ . :1 - p J ~ a It g-:<::: NI J i l!.?o , . ! e. i ~ [ 8- ~! .&,& 8- 0" ! ,[ ~~ m I ~ ~. ~. '0 .- .- & ~ ~r!. g: ~ , h ~ e. ~ I . ~(I. &g- "t:o ! r i: i-~ ~; . I a 0 !~ . '"'--- " n ~ it S .00 ~8 gi , -, " I t~~} a. 3~ ! '. r- . ~ " I R 0" o , . - ~ l I ~ "i; n' ~ ;; i ! ~ I ~ ~~ :;:i "-j(! p ~; "- , ~ , ~ "! I ~ PQ .- ;;.~[ "~ ~ ij"~ 2..Q C ~~ 8~ I 'e. ~o .~ ~ . il~ g ~ ~ ~. ~ 11. .~ 8 I ~ I ~ 3' ~~ ~a ~ 5'~-<~ ~ '. !~ I .- !~ ~ J:;:i~; e. . ~~ ~ .e. o.~ I I (no!", ~ ,~ ~;S; ~ ,~ ~! , ~~ i I ~. "" ~ H ~ ~ !r l'>2;g > ~~ en ~ 8 e. ~~ I ~i.:~ l !i ~..~. g I I ~f. :r:~6 fN ~ i~ :" 'i ~~ .-2 'j(! '8 I . ~ ~~ .' .3 "~i'n I !. m I I.S 8 ~~ -~ ~i ~g !"- " " ~A ~ ~g I ~f~~ z ~ ~ 8 ~ :!:;t[ ~ . n e. ~ " 1- l? ,.. & i , ~ x n Ii ~.. ., , _! !{ i ~ ~ ~ ~ . 0 Z C ...........rn---"m en c: .p. 2J ~~~~ ~ -r~1 < C .' -I>=l1J-i liiiil \ '-'roc: (J1 ~ ....., "' ~ @ 1s::5-Z :E< ~- ;OZ~~ '" [jiji] ~~~:: u' = (;) ~o:!! r.,) cg U1 n n\ I -..J='. z n .~ C) = [jiji] fTI 0 fTI II" -I g'1II ~-;J l' ., ~i fT/ < -m -" -< l'-_ Z Gl 't 0- t 0 III jI ~-~ l :11 I ~ lii Ii l~ mn!i\;.~ ~:~ ;-: ~~ I ~~-t !l" ~? - I ~ . i. .1 q~ .. ii.: s: ~.~ ;~: ~ '"'6 -;.~ ~- ~ . ~~i ! V; ;~ ~ ! /j < -, l ~~~! ~~~~ ~~LD-I Ul ~ ~ 3 ~ :; :'~6 e '" '" < I ~ ~ ~~ ~ ra ~o:!! ~\ ~~. i!i - .. r~ ;;~ .,. ;~ z Gl . i w . \.1 j fl-; C.) ~-=v fiUi] ;g @ rv w,1 0' = ~ /1 B l:S [jIIlJ ~-~~- ~:,:=-::.p -~~ ".-.l.J;'~ /. (', / <:: , , /) (~ \ \ ~ C~) 1 i I I .. . co , . , '::;~\ ~ ".J '~f.;~'P \(~-) c m m ::JJ ." - m .- c en m (') o z c --T- c ~ ~~ E~ :~ f!i ~l n~ Z~ 0 ;, oz g 1& m - Z ~ ~ Q ~ii g. ;0 < - - - ~ i < :l ~ g. H .. ~ I g Z;;I no - € ~ ~ ~il ..~ Z;;I trOii& ~~ :l"1 " ~ -! h ! , ~ ~ ~ ~:J: ~ ~i :lll .~ '9'< ~ eo"" 'z Ii Il. ~ ~ H ~& f' I} ~ ~I ~ ~ .z Il. i!;~! <. i! i. f I ;; l" <. ,. ; , ~ Z ! 8 . ;~;; n. 04 O. ,< ~~ ~~ a~ ." ,,>' m ~ f ~ ~< rr ~~ I; _ i;x.;' 2. ~. . ':;". .~ Il t-~ ;2g"; ~ f' q " i I J ~i~ i 3;? ~~ o~ 3;? !=)2 ;~ I ~ -< ~ I [ ~o ~ Z-3i a. ... :!'... !~ . ~ ... 'h_ >. ~~ ~-~ ~3 . !I !'I;6 i'~ l:~i~ '! <' . . ~- .~ N5 ~ ~ ~ .' !". s- i i I 0 o- J l~ ::D ~ r . '-~ II> i~ . ~ 8. , ~ ~i :! n "n Ql,ol 'a ;0 p l ~ ~ ~ ~ l '. z' ;~;i'l! i~ ! ~{ ~I ~ ~ l" ~g i~ :r ~~ i~ !g! ~2 ~! or..Q~ [~ - ~ I g ~ ~~ ! i~;l ,,! i$ h ;; -! ~ . I ~~ . ~; a~ ~; <- yo ." I i f ,. a ~ r i! U!l p ~ !~ . h .s il q i. 1& 5~r qf S4 " ~ < . 'l ~ i . . l g... 2- p~ i '0 ~- . . ~i . <0 !i~ , < ;! :i -" . ~~ p I I II ~ 1 ~i:i ill -~ ! ~~ i ~;u - . ~ s~ s[ o. , z ~I . - ...5 '0 !~ ! ~s. I , " ~ .4 ~ 3 m ~ . i 0 : i!!; - o!l . . .0 !l~ 5 ,- ~o I ! 0 . 3 I I 3 :~ ~g ~r tig. ,~ ! ~~ 30 0_ un IO! "'" . . . I , ~I ..5 2~ r- I ! ~! ~ ~:::: :, ~~ :: :; I I . , 5 i: ~ S. ~g. ~ I nO l~ if ~ q 2,!i I <::-n &13& !l: - ! . ~2 I ~g ~- ~ ~ i ~ {~~g ~I- ~ ,. C 0, in :::~ .- ;~ o~ 8 s!=!--<? [ .I !l~ P ~ . . < c;!: o~ I .. 0- , , ~ !l~ . ~~!! ~I . -~ ~~ I ~~ ~:ga i 's ~ ~r ~ r;'" d i . ,II ~2:;g ~~ ll:g 8 g';:~ ~ i ' . -I ~ . 1;1 ~; ~._:> I ~~~l" ~N , : ! at !l I .~ _@ :ro '8 ~ '0 ~p ~&i! I H . ~ . ~~-~ ~ og ~ ~~ 8 ~~&~ :: , . :J: ~~ I : , ~~ ~; I~- . ! 8 ~~ :: .. . . I ~ ~ &.. ~ - " . ~ ~ :: ~ z ;; j ::D . . . ~ C ---W-"aJ ~ mC~:D -".,0:.. Giiil JJ ~~::z < 0 3.: @ ~=CD-I ~ IT\ "'''' c: (}1" , m Giiil ~ ~,;::~~ '" <, wzo_ u, = 0'iU1~~ ~ ~ ~-' O'i()lJm (1\ ~o~ I J (j) !MJ r I 'J~' ~ ~-V fTl ,. fTl 8< lJ -j g'1Il (Jl ;;; < G) ~~ Z G> r-- "',. I /) ------- r- J - /.c.: ~ , ,j, , r~- I I , \ , , "' ....Iv !o.\~ S." ...&. 0' I I~)..-- . I \) I 'I -J.. ~_~II I l /.../ 1,I~~:"~2" \ ~I \ ~/~ \ 'I \ J -- ~ : JJ6J.75 I\) l ... ~17~~g~17" o......~. . ,.tj";f'.~ ~ l'.f9}J... It 00'O"Q1" [ ~.;~_"l. d~l'" "- III ot WI. . &too \ CO "~1:J,]'.E '\N~~'''''[ . c / ~ /Q~r~ ,,>' li,;L.::L' "" ~S , . 1_) t-' "---1"--~, __I~\'./\'J,--I '" l2,O~ ;""6' o'J~'U f'''I ~.31Z~~. ."" H OO"5~'(k' [ I ; ~(~' L j ci:=~ ....\ 'i ." 19]~ ~ ~8 ..&. ~. _-I~";j \ NOO"!>$"04"[ ^"r-"- , b~~' ~ i tn-. .; ~ 1 ~; Dio c: -f: r-~~ 0.. -I: ~ L H 01" ~ ~8 en ~;; ~8 ~ ~ ~; ~;; :lj ~ = - CD 5.~ Q) ;~ " ~ 8 "00 H oo~_~:~. ( M.~~ . .~ .. i I'" . ~ .~~~' i .G~~:, ; 'J"'~ , ! =~g f it i ~~Ol'i ~- 8S ~8"""~; y ;;~ 8~ ..., ~ \ III .....it'.IU H " 00"8 1-~'V (/'-~' -\.. ". , r . ~~~ \ .... '. 0 \ '" '" .. " " '0 llWlH ... ClO'2"~O. [ ~ :~ 8~ ~ .~ 85 ~ en 01 51)0"'16".].$"'01' ..OO s0076'""", ..OO IojOO7~'40.[ 1...14 ~~ :i8 / "~'96 ) ~61.IO.OO :;../ \, \, 'i~ ~ ~ ~ ~ N:J..p.~ Giiil ',.-'(Jl -" Z 3: @ \ < c ~ \ t~~~ "]"J I {Jl. .., f1I 1'-' Giiil \ L<:3Z <1' = rn \, ,U, ",z",e 'I m < Z ~ ~ ..... \, fTI (1)~~~ <.-. '1 ~o:!! IMl --, -..J~' Z \..~ (JJ (,. _~ r;) II" n\ If) c en ,co,' C 0 (:) :II < .~ 11\ " ~ Z G) ~ ~~w =~ ~ 8 ~8 rr-z ~ 0. 0. 5':i 3 "'2..VJg 0. ~ c :i c;- 3 ~ 0. 0. " :) g ... 0. 0. 0 , e, 1 rr"rr ~ .0 0. 0...- ~o~ 9= ~~ " 5 ::J ~~g _0. ~o~ ~S; ~~= ~~" 3 ~ 9: ~ a 0 _ "a o.~ N ~ 0.0 8 ~ 3 . 00. "~ '\'3 ~~ o h ~8 lice NOO"$S'O"l"[ . ;~ .t ~ &.. .. .~ 8. ~ IIJ S. ~8 NOO~'04"[ 11'.00 OO'U IOt,U,OO$ ...&. I i . l I / l I .... · 0 f " L'LU: ] .61.10.00 S o 30 g ~ ,",0. ~ ~ o.~ . - ;:;;, "N if g' ~ " ~~ z~ ~ .. m :f -0 .." ~ " 0. " g :t ~ Q o " .. Q C , 3<; ~ 0.= " ~~ g~ ,g"g 0. -< -5 Vl-< '" "''' .- ",0 --'" 0>'" ." "'" 'p " I! " '" -, i\; 2:: " Vl -f" ~ -----('~~ 3 Q " C ~ " ~ -I o !!. .~ l= ~. c m m :xJ ." - m r- C -I :J: - :xJ C -~-------~---~------_._- , , j , , 111\' \ ","- , 1\" - - .. - .. :: ;: ; ~ j -, -, ., -'I " / ( ;- " " ~'l ! ~ ( , \_-) \ 'I , \ \ H !~ ;~ 11 P I ;~ . ~ 5 !l B l j' -", i ,- t :: ! \~=-=..:- \ ~-_. I" ~ 1 h~' . : .. ,I~ \ .~" 1 ..l'; 1 I : I , I qn" t:'ii~i! qnH 'H ~ H " ( \ ,,1"1 ! , ~ ; I~ ~, .a 'I ~ ! , ~j 6;~~~7~~D .....--...,. ~B' D.R. HORTON INC.. Mn -""-_.- , -~...",...._".. PARAliOUNT E.N<- ~INrn i"N('?&ei'ESiCN :'::::;,~'~'UIl".>I"""~= iJ:'-lif IE .;.:;.;--- ,_. '-', - - -- - --.. .. - -.. ;;.~ '.~- ~. ~~;Zj,.,.~~-:;-~. :::0::=.,_. ~ (f) rn o . ---------:-:---~~-.~-----i---~T----~---:--,--~~- P'..... ,<'. -II..,V') ", . '>~: '.... '; 0""; ,. i,f ~:~ _ ! ,', .~. ./--.......-. "~I I /1",', ".' ,//.-l"'-.--.l-....~". "_'i.',I.J/ ~I '"......; / {:'; {J ~_.; --- --- . :, <.) ~.", -~,. _10/, lJ'1 ' :') .. :;:-...., O,,,<f, ,I" -:,',,/ I / 'I. Ii j ~, L( ! "< <.'., . il { j' ~ I ~~ f I j 11 "",,"'~< ! .l' , I:' l I "I "'" I , :, I l j ~ ':j .J ,,' \ --c~ t::__[fij1] ~ @ \ ~ l;li~ \ '7. ~, I '; , ! - ::n ! ;~ <:~. n ~n n ~ I Li n Ii 1 i i i II g f ~ - II i% t ~ H IS ~ ~ I~ . - t " I- s ~ . ~ - I~ ,.- -- I.. _ ~~:.:- ~ J ~,-- , -- l~-'" , , I ~ ! ~ ~i I~ , ! : , , i : , ., , , ~! , , Ii 1--"'11 .... ~-~~ I DR HOR~C - Mn 12 DE~'3FI~LD _::E:::' r~'" - crlTlnl:.TIOIf ._.'_ PARA....OUNT 1.:.::-11 ~.?'::!'~"=,,_=:f:!....= "_'0"_'. ENCINEERING.. DESICN - ~ !!!IL ~ ==-~=''''.'iLPAII.~m:: ~.. ._ -........."..<...--.-.........,......... .-..- .- ,- . , ~ ~: AJ , 1, z n III 4 ( ,,, <) Cf" z I '{ ~ III 'J L, r~ '" ~~ .~ ~ .r~"l r 6r~ I fir ~Ij I; i ~l 61;; I;' i' "k "1'- "\I'~', -"!~r->- ....., , " \ .~ \ -\ ~i " m H; ,1,lIt i , . , -. ~ .' :'.11 ~3 EJJ @ IllIl/'! .. I'::":' ~ .!Wl.1 j 1"'li:1 I;' 'JI'-". f' UI'1jl :l: ",fi. 'f l'lhl :j~ ~ " ~I 8 ~ ~ ~~ ~ ~ g: ~ " .. .~ 2 I: ~ 0 U i! 2 ! <:: ~ . "I .~ ' ~ . I' ... ~ ~ d ~ j- )' I I I /s 8 p ~ 2 ~I t I r~ <:: "I . I~ l. l- il; · ~ J ~ ~ I - . "I . , ~ B I -; I~ i USIDENCE P01: STANDARD EXCELSIOR BUll.DEi: -J WALKOUT BASEMENT D.R. HORTON MINN. .. i IIUnil J IHIl\i \11.111 s;' ll"'j I: I.lfil, ~ ~ eJ;; V>< ~~ - ~~ "\ ~ <n. 0 " ,.. " " " ,~iJ l ~l ? I 8 UNIT TOWNHOME IUn.DIl: n.R. HORTON MINN. i ~ I I a , j r, Ii ,: n- - " " " " " " ~ " " " " " r:;-- tl"""'-'. " " " " " " " :;- " " " " I " H: : j::: , " I,' " " " .1. :: 'Ill :: r ' e , ~ I" ;~ I~ ,I~ 1:6 i: z:~ ... - - -- " , 1,'----,.-- " " " " " " " ~. ..J- r ( I G to ~ c:::J ~ ~ [iUiJ -:! ~~ " " " :: " " " " " :: " " " :: " " 1. n---~~- ;;.._. --- " ;u:: 0:: II: : '!\" :: 11'1:: I rll ~ 1'I : I I < I: ': ~:: 'j:: 0:: IZ '. I', " " " " U':: III, r '. I":: " " i' -4 -r------- - ~- 1MI 3:: A .~. A' ll!'.; '-D C1 "-, ~ ~ IMl ~ -~) n r "'lI!il J flill"!!Ji 11111 ~ llt'li 8 (IWi' , ~ ~ " " .,f t I "J.I ;. Y 1 'I Ii h IS - I ...' n < --- ( L (j RBSlDBNCB POI: 8T ANDARD 4 UNIT TOWNHOMB ~ J;; ~ 2 .... 0\ , 0, IUlLDBl: D.R. HORTON MINN. ~ ~ ~\ [jiJ-li i :.0 c:::J I 8 ~\ = [j1j~ ~__v\ o ~ IlIlHil Ii ,iillll; e I'j=!iil ltoji 8 d1riii JJ lTl < - cn r-'; i C) ~ ~ 0;. " .- "\ I ~J ,~r l) t. I' ~ ~ ;. 'I ',~ i; ~ ~ . ,I ~. " II II 1fl, " ':- ~ ~ = Il~i;'l 't: ~~L ~: ' " . I. ~.lir .', I, - ,t ' . J j t " i:'" , ~' ",,-I USlDINCIPOI: STANDARD 6 UNIT 00 ""I TOWNHOME / !:l ~ i IUILDII: D.R. HORTON MINN. - - ---~- o ... IIlHlil r .iii/IIi Jl /'\',:liil Ii" ,ll!fi ~ 1!lHil ~ :~ ~ IL r > .i 2 !h . ~ :0 rn ..... c::' ........~.. , "l (1) n>l CJ lBSIDBNCBP01: 8T ANDARD 8 UNIT - TOWNHOME ~ ~ 2 aI. " ~ IUn.DIl: D.R. HORTON MINN. fJ i Iml!il J ill!l!i1li ;" 'It 'I ~ dUll; ~I ~I < ~I ~ ~I "\ "I ~-I , -r-j 6.1 ~ !' ;: ~ I , .: ClJ rrl C'l ,.I ~J ,-. (,',')' ' ;,.... \) IMJ (0 c:=J "> ~ 8 = {jijjJ ~0 l ~ lB51DHNCH POR, STANDARD 10 UNIT TOWNHOME IVlLDU: ~ I n.R. HORTON MINN. q ~ -,,- -.... .. (-_...D.I/-O/44, ~Q.lInoIQ""'-a:ct:.... PI" lit I 'I' ~ 1.11 :~ll II ! ~ j -n ~ ,,~ I -=r=- ~ I~ h!lf ~~-' I ii\ir~, .~ -l 0 r. ~ M . ~ . ~ ~ < ~ ~ Z ~ z · o ~ r '" -l 0 I ~ M . O. ~ ; { . ob o ~ (.j M · I z ~ I ' " ',' J~ ". J + 'r I '.:1'1 q< ~ I~ -l 0 \~ I ~ M" o . Hd1 ~ ; Jib { . 'II: 00 1'1 M · Z ~ '" 'I I -l 0 I ' M ~ ~ . ~ ~ < ~ ~ Z Z ~ ~ ~ ~ '" GI. Ii r (rD [jUl! c:::J cg 1MI to ) rt ::J ~ C.R_ HORTON CUSTOM HOMES I IIII111 i -, ~ .' Planning Commission Minutes June 12,2000 · Rye said he felt the Council did it as a philosophical reaction to density. Something that is perc~ed as being already high densit now, the City is going to reward them by giving mo~density. The Council wan this as an option. '\ Cramer: · Has been swayed fr~~ his origina input. . · Concurred with fellow Corn Issioners. \\ The public would have their MOTION BY VONHOF, COND BY STAMSON, TO RECOMMEND CITY , COUNCIL DENY TH ROPOSED ORDINANCE OO-XX AMENDING SECTION , 1106.401 OF THE P OR LAKE CIT.Y CODE. '. , "\ MOTIO\ARRIED. .... 5. 6. -k A. Case File #00-022 D.R. Horton is requesting a Final PUD Plan for 165 acres to be developed with 540 townhouse and single family homes. Planning Coordinator Jane Kansier presented the Planning Report dated June 12,2000, on file in the office of the City Planner. D.R. Horton applied for approval of a Planned Unit Development (PUD) Final Plan for the property located south and west of CSAH 21, south of Fish Point Road and Wilderness Trail and east of the Ponds Athletic Facility. The total site area includes 165 acres, zoned both R-l (Low Density Residential) and R-2 (Low to Medium Density Residential). The development consists of 540 units, along with a park and common open space. The proposed PUD consists of a mixed use development consisting of single family dwellings, two-unit townhouse buildings, two-, three- and four-unit coach homes, and four-, six-, eight- and ten-unit villa homes. Staff recommended approval of the PUD Final Plan subject to the conditions stated in the Planning Report. Atwood questioned if staff knew what the proposal was for the adjoining 4 acres. Kansier commented there is no site plan but speculation of multiple family housing. Comments from the applicant: I :\OOfiles\OOplcomm\OOpcmin\mn061200,doc 8 - -T"-'- Planning Commission Minutes June 12.2000 Mike Suel representing developer D.R. Horton said they are asking for approval and felt with staffs help they have come up with a very good development for Prior Lake. Atwood requested clarification on the park design. Suel explained the proposal. Comments from the Commissioners: Atwood: . As far as the park area goes, it is a sensitive design and good use of the area. V onhof: . Supported staffs recommendation on the final. It is consistent with the preliminary plat. . Agreed with the comments from Commissioner Atwood regarding the park design. Cramer and Stamson: . Agreed with Commissioners and support staffs recommendation. It is consistent with the approved preliminary plat. MOTION BY VONHOF, SECOND BY STAMSON, TO RECOMMEND APPROVAL OF PUD FINAL PLAT SUBJECT TO THE 4 CONDITIONS IN THE PLANNING REPORT AND THE AMENDMENTS MADE IN REFERENCE TO THE PARK AREA AND BOARDWALK. B. Comprehensive P an discussion. '" Planning Director Don Rye pre~d the Pia mg Report on file in the office of the Planning Report. ~ When the Deerfield development was sidered by the City Council, there was considerable discussion about the Co prehensive Plan designation of Low to Medium Density Residential;The develope argued ili~t virtually any combination oflow to medium density housing was co istent with t1'l\Comprehensive Plan while the Council felt that they should be able to ake the determirta,tion. Subsequently, the Council asked that the Planning Commissi consider this issue aM bring back a recommendation to the Council. ~ The degree to which e City wishes to predetermine the ~8f specific properties is a matter of policy. a rule, many comprehensive plans are fail1~preSCriPtive in designating Ian ses but others are less definitive and provide re flexibility. Care must be taken ot to make the plan too general. If there is not suffi . ent basis in the Plan .11 Vote taken indic ed ayes by all. MOTION CARRIED. This matter will go b ore the City Council on July 17, 1 :\OOfiles\OOp1comm\OOpcmin\mn061200.doc 9 PLANNED UNIT DEVELOPMENT FINAL PLAN RESOLUTION OO-XX RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT FINAL PLAN TO BE KNOWN AS DEERFIELD MOTION BY: SECOND BY: WHEREAS: D.R. Horton has submitted an application for a Planned Unit Development Final Plan to be known as Deerfield; and WHEREAS: The Prior Lake Planning Commission considered the proposed Final PUD Plan on June 12, 2000; and WHEREAS, the Planning Commission found the Final PUD Plan to be in substantial compliance with the approved preliminary plan and recommended approval of the Final PUD Plan; and WHEREAS: The Prior Lake City Council considered the proposed Final PUD Plan on July 17, 2000; and WHEREAS: the City Council finds the Final PUD Plan in substantial compliance with the approved Preliminary PUD Plan; and WHEREAS: the City Council finds the PUD Preliminary Plan is compatible with the stated purposes and intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. it hereby adopts the following findings: a) Greater utilization of new technologies in building design, materials, construction and land development. The developer utilizes the most recent building technologies. The general design of the PUD does allow the clustering of the units, which helps to preserve the wetlands and some of the wooded areas. b) Higher standards of site and building design. The use of curvilinear streets will slow traffic through the neighborhood. In addition, the creation of a private trail system through the common area, eventually connecting to the public system, creates an integrated system. The layout and design of the villa units has been revised to meet this criteria. The pattern provides less density, more curvilinear streets and also preserves the natural site features. II~~~5~~~rJv~~~~dA~g~~~~~'~10r Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 ~~1(612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER c) More efficient and effective use of streets, utilities, and public facilities to support high quality land use development at a lesser cost. Maintenance of private streets, including plowing and future repairs, is done by the homeowners association. This reduces City costs in providing services to these homes. The private open space also functions as parkland, without the City cost of maintenance. d) Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The dedication of the park and the creation of the public trail system around the pond provides an amenity which can be utilized by both the residents owning homes within the development and the existing adjacent neighborhood. The creation of the private trail system allows some flexibility in the location of the trails, to preserve trees and wetlands, and provides a link to the public park system. e) Provides a flexible approach to development which allows modifications to the strict application of regulations within the various Use Districts that are in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. The use of the PUD allows the higher density to be clustered on the east side of Fish Point Road, and to utilize the property on the west side of Fish Point Road for single family homes. The density and variety of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. In addition, approximately 230 lots could be developed in the R-1 district, and 308 lots could be developed in the R-2 district, a total of 538 lots. The proposed PUD includes 540 units, and also utilizes a cluster pattern, which the single family development would not. f) Encourages a more creative and efficient use of land. The PUD allows the higher density areas to be clustered, and preserves open space. The density is also consistent with a single family density, and preserves more of the natural area. g) Preserves and enhances desirable site characteristics including flora and fauna, scenic views, screening and buffering, and access. Clustering the units allows the preservation of some of the wooded areas on the site. The units also are sited to offer views of the adjacent wetlands. h) Allows the development to operate in concert with a Redevelopment Plan in certain areas of the City and to insure the redevelopment goals and objectives within the Redevelopment District will be achieved. This criteria is not applicable. i) Provides for flexibility in design and construction of the development in cases where large tracts of land are under single ownership or control and where the users) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the clustering of the homes and the use of private streets. j) Encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. Although the plan proposes a private trail system, the developer has not provided any dedication over and above the requirements. The private open space and trails are not limited to the exclusive use of the owners of property within the PUD and the trail is I: \OOfi les\OOsubdiv\finalp l\deerfld\pudres.doc PAGE 2 r- intended to eventually tie into the public park system. The private open space and trails function as parkland, without the cost to the City for maintenance and development. k) The design shall consider the whole of the project and shall create a unified environment within the boundaries of the project by insuring architectural compatibility of all structures, efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient use and design of utilities. The design creates a unified environment. The extension of the existing streets and provision of trails and sidewalks allows for efficient movement of traffic. Additional landscaping along Fish Point Road will provide screening. Enhancement of the landscaping along the north property boundary will also protect the adjacent residents from the noise and other impacts of the adjacent business park. Drainage easements have been required of the developer to insure no adverse impacts from the increase in impervious surface. I) The design of a PUD shall optimize compatibility between the project and surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD. The use of the PUD will allow the extension of the single family homes adjacent to the existing residences, and the clustering of the townhouse units. Additional landscaping along Fish Point Road and along the north boundary will minimize the visual impact of this development. m) If a project for which PUD treatment has been requested involves construction over a period of time in two or more phases, the applicant shall demonstrate that each phase is capable of addressing and meeting each of the criteria independent of the other phases. Each of the individual phases includes landscaping and road extensions. n) A PUD in a Residential Use District shall conform to the requirements of that Use District unless modified by the following or other provisions of this Ordinance. 1) The tract of land for which a project is proposed shall have not less than 200 feet of frontage on a public right-of-way; 2) No building shall be nearer than its building height to any property line when the property abutting the subject property is in an "R-1" or "R-2" Use District; 3) No building within the project shall be nearer to another building than ~ the sum of the building heights of the two buildings, except for parking ramps which may be directly connected to another building; and 4) Private roadways within the project site may not be used in calculating required off-street parking spaces. The project meets the above requirements; as approved, the PUD will allow the developer to utilize private streets and allow up to 10 units per building rather than 4 units per building. All of these modifications are permitted under the PUD provisions at the discretion of the Council. 2. The Planned Unit Development Final Plan is hereby approved subject to the following conditions a) The Final Plat and Development Contract must be approved by the City Council. b) The Final PUD Plan and PUD Development Contract must be approved by the City Council. c) The covenants and homeowner's association documents must be approved by the City Attorney. I: \OOfi les \OOsubdiv\finalp l\deerfld\pudres .doc PAGE 3 -----,---'-" ---,-------,.. d) The developer must continue to work with the City to develop a plan for the trails and boardwalks around the pond in the new park. e) Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official PUD record. The second set will be returned to the developer for their files. f) Upon recording of the final plat, the developer must convey. Outlot I to the City. The access easement and indemnification agreements must be signed prior to final plat approval. 3. The recitals set forth above are incorporated herein. Passed and adopted this 17th day of July, 2000. Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Vacant Vacant YES NO {Seal} Frank Boyles, City Manager 1:\OOfiles\OOsubdiv\finalpl\deerfld\pudres.doc PAGE 4 .-T-