HomeMy WebLinkAbout8C - Deerfield PUD & Final Plat
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
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JULY 17,2000
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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.
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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.
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Page 2
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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
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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.
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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:
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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 '
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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.
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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,
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PAGE 2
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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
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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
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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
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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:
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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
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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
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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
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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
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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:
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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
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. ~.~~-~ .'---~~'-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.
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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
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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
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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.
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'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
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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
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, "< .. - .. "~~...,,-_.~--_...,...."....-........-,,~"-"-",~-_._---~--
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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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).
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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
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~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.
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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
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__.>.""...."..,.",'_",."..._~__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.
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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.
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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
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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
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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
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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
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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
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EXHIBIT G
DEERFIELD 3rd
STORM DRAIN OWNED & MAINTAINED
BY DEVELOPER I ASSOCIATION
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..........
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
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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.
'.
,
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MOTIO\ARRIED.
....
5.
6.
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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,
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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
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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.
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PAGE 3
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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
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