HomeMy WebLinkAbout8B - Bids Well #6
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 6, 2000
8B
JANE KANSIER, PLANNING COORDINATOR
DONALD R. RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING
THE FINAL PLANNED UNIT DEVELOPMENT PLAN AND
PUD DEVELOPMENT CONTRACT AND APPROVAL OF A
RESOLUTION APPROVING THE FINAL PLAT AND
DEVELOPMENT CONTRACT FOR WENSMANN 1 ST
ADDITION
History: On August 7, 2000, the City Council approved Resolution
00-70 approving the preliminary PUD plan for the Wensmann 18t
Addition development. At the same time, the City Council adopted
Resolution 00-71 approving the preliminary plat for Wensmann 18t
Addition. The preliminary plat consisted of 52.43 net acres, to be
developed with 49 single family dwellings and 129 townhouse units,
for a total of 178 units. The development also includes a 12 acre park
and common open space.
Final PUD Plan: The final PUD plan includes 178 units on a total of
60.93 acres, or 52.43 net acres. The overall density proposed in this
plan is 3.4 units per acre. The plan calls for a mixture of single family
homes and townhouses consisting of 3- and 4-unit buildings.
Elevations of the building styles for the townhomes are attached to this
report. The developer has also provided a variety of styles for the 49
single family homes similar in design and size to other single family
homes in Prior Lake. The proposal provides at least 2 parking spaces
per dwelling unit, which is consistent with the minimum Zoning
Ordinance requirements. All of the units have two car attached
garages, which provides parking for both occupants and tandem spaces
for guests. The developer has also provided 51 guest spaces scattered
throughout the townhouse development to provide additional off-street
parking for guests. The proposed private streets will not provide any
on-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
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
11
10' side yard setback, and a 20' building separation for the townhouse
units. 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.
Both the R-l and the R-2 district allow a maximum ground floor area
of 0.30 ofthe total lot area, with an allowable 5% increase under a
PUD. The ground floor area proposed in the R-2 area is 0.312 and the
ground floor area proposed in the R-l area is 0.214. The City Council
approved a modification to the allowable ground floor area in the R-2
district at the preliminary plan stage.
The R-l and R-2 districts also require 600 square feet of use able open
space per unit for cluster developments. The proposed common area
provides approximately 4,000 square feet of open space per unit,
which is consistent with the ordinance requirements.
The landscaping plan identifies landscaping for the townhouse portion
ofthe development and for the single family lots. The plan pays
special attention to providing screening along CSAH 82. 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 3 project monument signs. 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.
Streetlights will be provided on the public streets. Streetlights will
also be provided on the private streets by the public utility company.
The cost and maintenance ofthe streetlights 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 Fox Tail Trail and those streets serving the single
family portion of the development. The private streets serve the
townhomes, and will be maintained by a homeowner's association.
The plan proposes a sidewalk on one side of Fox Tail Trail, Fairway
Heights Road, Fairway Heights Trail (renamed as Jeffers Pass) and
Wilderness Ridge Lane. The plan also provides a public trail through
the park, and the beginning of a regional trail corridor from Prior Lake,
through the Jeffers property and north along the creek, eventually
connecting with the Minnesota River. The portion of the regional trail
located within this development is on the north side ofthe
development, and will be constructed by the developer.
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Page 2
There is one 12.90 acre park located along CSAH 82 on the north side
ofthis development. Because much of the parkland consists of
wetland, steep slopes and wooded property, only 3 acres of this land
qualifies for parkland dedication. The Subdivision Ordinance requires
a total dedication of 6.09 acres. However, the developer is also
dedicating a trail easement for the regional trail and constructing both
the regional trail and the trails in the park. These additional items will
be done in lieu of an additional cash dedication. Such action is
consistent with the discussion at the recent City Council/Planning
Commission workshop.
This project is proposed to be completed in two phases beginning in
2000 and ending in 2001.
Final Plat: The final plat to be known as Wensmann 18t Addition is
the first phase of this development. This plat includes the entire 60.9
acres. It creates 49 single family lots and 63 townhouse unit lots of the
178 total units described in the "History" portion on Page 1 of this
report. The plat also dedicates the public streets and parkland. The
remainder of the area is platted as outlots for the future phases of this
development, which will consist ofthe remaining 66 townhouse units.
Current Circumstances: The Planning Commission considered the
Final PUD Plan on October 23,2000. 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.
The developer's response to these conditions is shown in bold italics.
1 The developer must provide Final PUD Plans, labeled as such and
including the following information:
a. A complete site plan including all phases of the project.
b. A landscape plan.
c. Building elevations.
d. Sign plans.
This information has been submitted.
2 The landscaping plans must be revised to include four front yard
trees on the corner lots. The landscaping plan has been revised to
include the required trees.
3 The site plan must be revised to include locations for the signs.
The plan identifies the locations of the monument signs.
4 Rename Fairway Heights Trail to a name unique to the City street
system. This name is too similar to Fairway Heights Road and
Fairway Heights Court. Fairway Heights Trail has been renamed
Jeffers Pass.
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Page 3
11
5 Provide street names for Private Drive C, Private Drive D and
Private Drive G. The number oftoWnhouse units on these streets
requires a separate name. The plan identifies street names for
these drives.
6 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 filed at the Planning Department and maintained as the official
PUD record. The second set will be returned to the developer for
their files. These plans will be submitted after Council approval.
7 The Final Plat and Development Contract must be approved by the
City Council.
8 A signed PUD agreement must be approved by the City Council.
The principal requirement 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 ofthe plan.
In considering a final PUD plan, the Council may either act to approve
the plan on November 6th or set a public hearing for review of the final
plan ifit 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
streets and the satisfactory completion of all preliminary plat
conditions.
Staffhas 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 developer has also
submitted revised plans meeting the conditions for approval suggested
by the Planning Commission on October 23,2000.
The attached "Contract for Development of Land as a Planned Unit
Development" spells out the terms 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 must be noted there are still
some blanks in the PUD contract. These blanks are for the unknown
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Page 4
approval dates, resolution numbers, and so on. They will be
completed upon Council approval of the final plans.
The attached "Development Contract" specifies the required
improvements for this plat. Sanitary sewer and watermain 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 ofthe contract. The items in
paragraphs 18 and 24 deal with the private portions of the sanitary
sewer and the streetlights 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 stormwater 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.
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.
These conditions can be satisfied prior to release of the final plat
documents. A copy ofthe PUD contract is attached to this report.
A copy of the development contract for Wensmann 15t Addition 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 ofthe final plat
documents.
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FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
The developer has received copies of all contracts, and has indicated
there are no problems with the contract. We expect to receive signed
copies of these documents prior to the City Council meeting.
Rut(gpt Impart: Approval of this final PUD plan and final plat will
allow construction of new dwellings, which will contribute to the
City's tax base. The required development fees are deposited into the
appropriate City accounts.
The City Council has four alternatives:
1. Adopt a Resolution approving the Final PUD Plan and PUD
Contract, and a Resolution approving the final plat and
Development Contract for Wensmann 18t Addition.
2. Deny the Resolutions approving the Final PUD Plan and the Final
Plat for Wensmann 1 st Addition.
3. Defer this item until the developer provides City staff with signed
copies of the contracts, or provide staff with specific direction.
4. Determine if a public hearing on the Final PUD Plan is warranted.
If the City Council determines a public hearing should be
conducted, direct staff to schedule a hearing and publish notice of
the hearing as required by Minnesota statutes.
The staff recommends Alternative # 1. This requires the passage of the
following two motions:
1. A motion and second to adopt a Resolution approving the final
PUD Plan and PUD Contract for Wensmann 1 st Addition and
authorizing the Mayor and City Manager to sign the Development
Contract.
2. A motion and second to adopt a Resolution approving the final plat
and Development Contract for Wensmann 18t Addition and
authorizing the Ma r and City Manager to sign the Development
Contract.
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Page 6
PLANNED UNIT DEVELOPME~!FINAL PLAN
RESOLUTION OO-~ J ) '-f
RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT FINAL PLAN
TO BE KNOWN AS WENSMANN 1ST ADDITION
MOTION BY:
JF
SECOND BY:
Mq
I
WHEREAS: Wensmann Realty, Inc. has submitted an application for a Planned Unit Development Final Plan to
be known as Wensmann 181 Addition; and
WHEREAS: The Prior Lake Planning Commission considered the proposed Final PUD Plan on October 23,
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 November 6, 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 Final 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. The City Zoning Ordinance specifies certain criteria be considered as part of evaluating a Planned Unit
Development application.
2. The City Council hereby adopts the following findings:
a) Greater utilization of new technologies in building design, materials, construction and land
development.
The developer has designed the buildings so they fit the land, rather than force the land to fit the
building design. The developer is also requesting approval to custom grade the more difficult single
family lots in order to save more trees and preserve more slopes.
b) Higher standards of site and building design.
The density of this site is clustered around the wetland, and is located closer to the major roads
adjacent to the site. The utilization of private streets in the townhouse portion of the development
allows the preservation of the wetlands and some of the slopes and trees on this site.
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.
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.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.--_._-_.~.._~.._-
The developer provides a trail connection along the public street. With the park dedication and trail
connections suggested by the staff, the creation of the public trail system around the pond provides
an amenity, which can be utilized by both the future and the existing neighborhood.
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 Planned Unit Development allows the higher density to be clustered around the pond
and adjacent to the major roads. The density and variety of housing units is consistent with the
Comprehensive Plan goals to provide a variety of housing styles.
f) Encourages a more creative and efficient use of land.
The Planned Unit Development allows the higher density areas to be clustered, and preserves open
space.
g) Preserves and enhances desirable site characteristics including flora and fauna, scenic views,
screening and buffering, and access.
The townhouse units are sited to take advantage of the natural views of the 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 criterion 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 Planned Unit Development 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.
The park and trail dedication will help facilitate the creation of a trail corridor along the natural areas
on this site and on adjacent sites.
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. Revision of the landscaping plan to
meet the requirements of the Zoning Ordinance will also enhance this area.
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 Planned Unit Development will allow the extension of the single family homes
adjacent to the existing residences, and the clustering of the townhouse units.
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
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PAGE 2
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 Planned Unit Development will allow
the developer to utilize private streets, which is permitted under the Planned Unit Development
provisions at the discretion of the City Council.
3. 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 reviewed by the City Attorney
and any concerns addressed to the satisfaction of the City Council.
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.
4. The recitals set forth above are incorporated herein.
Passed and adopted this 6th day of November, 2000.
YES NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
Petersen Petersen
Zieska Zieska
{Seal} Frank Boyles, City Manager
1:\OOfiles\OOsubdiv\finalpl\wensmann 1 st\pudres.doc PAGE 3
.------~.~---___r_-.....-
\is
RESOLUTION oo~
~llVNESO~~
OLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF
"WENSMANN 1ST ADDITION" AND DEVELOPMENT CONTRACT AND SETTING FORTH
CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY:
JP
SECOND BY:
fAGp
WHEREAS: on August 7, 2000, the City Council approved the preliminary plat known as
Wensmann 15t Addition, subject to conditions identified by Resolution 00-71; and
WHEREAS: the City Council has found that the final plat of "Wensmann 1 51 Addition" is in
substantial compliance with the approved preliminary plat.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA, that it approves the final plat of "Wensmann 1st Addition subject to the following
conditions being met prior to release of and recording of said plat:
1. A current title opinion or commitment of title insurance be submitted and be 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 January 6, 2001, will render the final
plat null and void.
Passed and adopted this 6th day of November, 2000.
YES NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
1:\OOfiles\OOsubdiv\finalpl\wensmann lst\plat res.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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CONTRACT FOR DEVELOPMENT OF LAND AS A PLANNED UNIT
DEVELOPMENT IN THE CITY OF PRIOR LAKE, MINNESOTA, TO BE
KNOWN AS WENSMANN 1sT ADDITION
THIS CONTRACT, made and entered into as ofthe 6th day of November, 2000,
by and between the City of Prior Lake, (hereinafter "CITY") a municipal corporation
organized under the laws ofthe State of Minnesota and Wensmann Realty, Inc.,
(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
WHEREAS, 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; and
WHEREAS, on August 7, 2000, the DEVELOPER received approval of a
preliminary Planned Unit Development plan and a preliminary PLAT for the
DEVELOPMENT PROPERTY known and referred to as Wensmann 1st Addition; and
WHEREAS, on October 5, 2000 the DEVELOPER filed an application for
approval of Final Planned Unit Development; and
1:\OOfiles\OOpuds\wensman 1 \contract I.doc
1
WHEREAS, the CITY has granted preliminary Planned Unit Development
approval and final Planned Unit Development approval to the DEVELOPER subject to
certain conditions including that the DEVELOPER enter into this CONTRACT and meet
all of the teq:ns and conditions hereafter set forth; and
WHEREAS, under authority granted pursuant to Minnesota Statutes Chapter 462
and the Zoning Ordinance ofthe City of Prior Lake the City Council has agreed subject
to the terms and conditions set forth herein, to approve the final Planned Unit
Development FINAL PLANS.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, the sufficiency of which is not disputed, it is hereby agreed
as follows:
1. 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 November 6, 2000 by and between the CITY and
DEVELOPER relating to the Final PLAT ofWensmann 1st Addition.
3. FINDINGS
3.1 The Prior Lake Zoning Ordinance sets out goals and objects against which all
applications for Planned Unit Developments must be evaluated against. The final
Planned Unit Development plan is consistent with the goals and objectives of a
l:\OOfiles\OOpuds\wensman 1 \contractl.doc
2
ll'
Planned Unit Development as specified in the Zoning Ordinance. To that effect,
the City Council has made the following findings:
3.1 J Greater utilization of new technologies in building design, materials,
construction and land development.
The DEVELOPER has designed the buildings so they fit the land, rather
than force the land to fit the building design. The DEVELOPER is also
requesting approval to custom grade the more difficult single family lots in
order to save more trees and preserve more slopes.
3.1.2 Higher standards of site and building design.
The density of this site is clustered around the wetland, and is located
closer to the major roads adjacent to the site. The utilization of private
streets in the townhouse portion of the development allows the
preservation of the wetlands and some of the slopes and trees on this site.
3.1.3 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.
3.1.4 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 DEVELOPER provides a trail connection along the public street.
With the park dedication and trail connections suggested by the staff, the
creation of the public trail system around the pond provides an amenity
which can be utilized by both the future and the existing neighborhood.
3.1.5 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 Planned Unit Development allows the higher density to be
clustered around the pond and adjacent to the major roads. The density
and variety of housing units is consistent with the Comprehensive Plan
goals to provide a variety of housing styles.
3.1.6 Encourages a more creative and efficient use of land.
The Planned Unit Development allows the higher density areas to be
clustered, and preserves open space.
3.1.7 Preserves and enhances desirable site characteristics including flora and
fauna, scenic views, screening and buffering, and access.
1:\OOfiles\OOpuds\wensman 1 \contractl.doc
3
The townhouse units are sited to take advantage of the natural views of the
wetlands.
3.1.8 ,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.
3.1.9 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 Planned Unit Development allows the clustering of the
homes and the use of private streets.
3.1.10 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.
The park and trail dedication will help facilitate the creation of a trail
corridor along the natural areas on this site and on adjacent sites.
3.1.11 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. Revision of the landscaping plan to meet the requirements of
the Zoning Ordinance will also enhance this area.
3.1.12 The design of a Planned Unit Development shall optimize compatibility
between the project and surrounding land uses, both existing and
proposed and shall minimize the potential adverse impacts of the Planned
Unit Development on surrounding land uses and the potential adverse
effects of the surrounding land uses on the Planned Unit Development.
The use of the Planned Unit Development will allow the extension of the
single family homes adjacent to the existing residences, and the clustering
of the townhouse units.
3.1.13 If a project for which Planned Unit Development 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.
1:\OOfiles\OOpuds\wensman 1 \contractl.doc
4
3.1.14 A Planned Unit Development 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 Y2 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 Planned
Unit Development will allow the DEVELOPER to utilize private streets
which is permitted under the Planned Unit Development provisions at the
discretion of the City 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:
4.1.1 "APPROVED FINAL PLAN" means all those plans, specifications,
drawings and surveys attributable to the DEVELOPER and the
DEVELOPER Installed Public Improvements listed in Exhibit G.
4.1.2 "APPROVED PLANNED UNIT DEVELOPMENT PLAN" means the
final Planned Unit Development plans approved by the Council attached
as Exhibit B.
4.1.3 "CITY" means the City of Prior Lake, a governmental subdivision of the
State of Minnesota.
4.1.4 "CITY ATTORNEY" means the City Attorney of the City of Prior Lake.
4.1.5 "CONTRACT" means this CONTRACT FOR DEVELOPMENT OF
LAND as a Planned Unit Development 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.
4.1.6 "DEVELOPER" means Wensmann Realty, Inc., or its heirs successors
and assigns.
4.1.7 "DEVELOPER INSTALLED PUBLIC IMPROVEMENTS" means all
those improvements listed in Exhibit H.
1:\OOfiles\OOpuds\wensman 1 \contraetl.doe
5
4.1.8 "DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS"
means the contract titled Development Contract for Wensmann 1 st
Addition and signed by and between the DEVELOPER and the CITY
. required as a condition for the construction of all required public
improvements for the staging PLAT ofWensmann 1st Addition and any
staging PLATs related to this development.
4.1.9 "INCLUDING" means including, but not limited to.
4.1.1 0 "PLAT" means the final plat and all related documents approved by the
CITY.
4.1.11 "PROJECT" means the development of 60.93 acres into 178 dwelling
units pursuant to the terms and conditions of the approved final Planned
Unit Development, the approved final PLAT and this CONTRACT.
4.1.12 "PROPERTY" means the real property, together with improvements, if
any, described in Exhibit A.
4.2 Exhibits
The following exhibits are attached hereto, incorporated by reference herein and
made a part of this CONTRACT as if fully set forth herein.
4.2.1 Exhibit A - Legal Description of DEVELOPMENT PROPERTY
4.2.2 Exhibit B - Approved Final Planned Unit Development Plans dated
including Phasing Plan in attached Exhibit B
4.2.3 Exhibit C - City Council Resolution 00-_ approving the Final Planned
Unit Development Plans and the CONTRACT FOR THE
DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT
4.2.4 Exhibit D - Covenants and Homeowner's Association Documents
4.2.5 Exhibit E - Easement for Trail Purposes
4.2.6 Exhibit F - Development Contract for Public Improvements for the
Approved Final PLAT known as Wensmann 1st Addition.
4.2.7 Exhibit G - DEVELOPER INSTALLED PUBLIC IMPROVEMENTS
4.2.8 Exhibit H - OWNER CONSENT FORM
5. SCOPE OF PROJECT
5.1 The PROJECT to be known as Wensmann 1 st Addition consists of 60.93 acres,
legally described as shown on Exhibit A, to be developed with a total of 178
dwelling units. The units consist of 49 single family dwellings and 129
townhouse units. 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
PLANNED UNIT DEVELOPMENT 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.
1:\OOfiles\OOpuds\wensman I \contract I.doc
6
..r-...-....-.---...
5.2 The PROJECT is to be developed in 2 phases, beginning in 2000 and ending in
2001. The Phasing Plan described in Exhibit B identifies the required
improvements in each phase. The DEVELOPER agrees to final 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 INSTALLED IMPROVEMENTS are described in
the attached DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS,
which is incorporated as Exhibit F. DEVELOPMENT CONTRACT for FINAL
PLAT includes defining the DEVELOPER INSTALLED 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 maintenance of DEVELOPER INSTALLED PUBLIC
IMPROVEMENTS to perform all work and inspections deemed appropriate by
the CITY.
7. EASEMENTS AND CONVEYANCES
7.1 The DEVELOPER and PROPERTY owner [must be party to or consent to this
agreement - Describe who he/she is] shall record an easement for trail purposes
lying over, under and across Lots 4,5, 14, 15 and 16, Block 2, Wensmann 1st
Addition, at the north end of the PROJECT site.
7.2 The DEVELOPER shall submit signed copies of all necessary easements in a
form approved by the CITY ATTORNEY prior to approval of the FINAL
PLANNED UNIT DEVELOPMENT PLAN and CONTRACT.
8. DEVELOPER REPRESENTATIONS
8.1 DEVELOPER represents and warrants that neither the execution and delivery of
this CONTRACT, the consummation ofthe 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
l:\OOfiles\OOpuds\wensman 1 \contractl.doc
7
of alleged actions or omissions on the part of DEVELOPER, its employees or
agents.
9. RELEASE, HOLD HARMLESS AND 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 the
PROPERTY or DEVELOPER INSTALLED PUBLIC IMPROVEMENTS.
10. EVENT OF DEFAULT
10.1 Event of Default Defined. Event of default is anyone or more of the following
events:
10.1.1 Failure by DEVELOPER to timely pay all real property taxes assessed
with respect to the PROPERTY;
10.1.2 Failure to construct the DEVELOPER's INSTALLED PUBLIC
IMPROVEMENTS pursuant to the terms, conditions and limitations of the
DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS;
10.1.3 Failure by DEVELOPER to observe or perform any covenant, condition,
obligation or contract on its part to be observed or performed under this
CONTRACT;
10.1.4 Transfer of any interest in the development;
10.1.5 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 15, may
take anyone or more of the following actions:
10.2.1 CITY may cancel and rescind this CONTRACT.
10.2.2 CITY may draw upon andlorbring 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 of
Wensmann 1st Addition (Exhibit G).
10.2.3 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
1:\OOfiles\OOpuds\wensman 1 \contractl.doc
8
...... .....__..~.._.-r-.._-.._-_.__......_-- ..
any obligation, contract or covenant of DEVELOPER under this
CONTRACT.
10.2.4 CITY may suspend issuance of Building Permits and/or Occupancy
Permits on DEVELOPER's lots.
10.2:5 CITY may draw upon the Irrevocable Letter of Credit provided pursuant
to the Development Contract for the PLAT ofWensmann 1st Addition 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 10 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 ofthis
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. ASSIGNMENT
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 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
ifthe DEVELOPER sells one or more lots, th~ 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
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the entities request a change to the APPROVED FINAL PLANS, the
DEVELOPER shall submit these changes to the CITY for approval.
13.2 All cpsts incurred to obtain said approvals, permits and licenses, and also all fines
or penalties levied by any agency due to the failure ofthe 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 ofthe DEVELOPER.
14. RECORDING
14.1 This CONTRACT shall be recorded by DEVELOPER within sixty (60) days from
approval of the Resolution approving the Final Planned Unit Development 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: Wensmann Realty, Inc.,
1895 Plaza Drive, Suite 200, 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 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.
15.3 The Notice shall state a time by which the default must be cured. The time the
CITY gives the DEVELOPER shall be determined in the sole discretion of the
CITY; however, such time shall be a reasonable time.
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~. ~_.. -_.~. ._~,.~._-~--- -~.~-~--- --~-~~---~-~.. ~ ~....~ --- ~
16. MODIFICATIONS OR AMENDMENT
This C;ONTRACT 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
17.1 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.
17.2 Any party, other than the DEVELOPER, who has a property interest in
DEVELOPMENT PROPERTY shall execute a consent to this "CAPTION" in the
form of Exhibit H.
18. HEADINGS
Headings at the beginning of paragraphs herein are for convenience of reference,
shall not be considered a part of the text ofthis CONTRACT and shall not
influence its construction.
19. SEVERABILITY
In the event any provisions ofthis 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.
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IN WITNESS WHEREOF, CITY and DEVELOPER have caused this
CONTRACT to be duly executed on the day and year first above written.
Approved b~ the City Council on the
day of
, 2000.
APPROVED AS TO FORM:
DEVELOPER: WensmannRealty, Inc.
by
Suesan Lea Pace, City Attorney
By
Its
CITY OF PRIOR LAKE
By:
Its Manager
By:
Its Mayor
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
STATE OF MINNESOTA
COUNTY OF SCOTT
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 ofthe municipal
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. ..--,r--....
corporation and acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this
, 2000 by and by
and of
Corporation, on behalf of said corporation.
day of
4
who are the
, a Minnesota
Notary Public
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EXHIBIT H
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part ofthe subject property, the
development of which is governed by the foregoing Contract for Development of Land as a
Planned Unit Development in the City of Prior Lake, 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
, 2000.
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
, 2000, by
NOTARY PUBLIC
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EXHIBIT G
DEVELOPER INSTALLED IMPROVEMENTS
DEVELOPER INSTALLED IMPROVEMENTS include the construction work to be
installed and 'financed by the Developer on the PROPERTY and identified on the
approved plans including, but not limited to, the following:
· Streets, Curb and Gutter, both public and private
· Water Supply
· Sanitary Sewer
· Storm Sewer/Stormwater improvements, both public and private
· Grading, Drainage, and Erosion Control improvements
· Sidewalks and Driveways, curb-stop adjustments
· Required Landscaping, including trees, topsoil and sodding
· Tree Replacement Requirements
· Street Lighting, both public and private
· Traffic Signing improvements
~'
DEVELOPMENT CONTRACT
WENSMANN 1sT ADDITION
PROJECT #40-00
AGREEl\tIENT dated November 6, 2000, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation ("City"), and Wensmann Realty, Inc. (the "Developer").
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
Plat for Wensmann pt 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.
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)
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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. 00-71, dated August 7, 2000, approving
the Preliminary Plat for Wensmann pt Addition.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve fInal Plats of subsequent phases if the Developer has breached this 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 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 --
Final Plat Dated 9/18/00 (Prepared by Pioneer Engineering)
Plan B --
Final Grading, Development, and Erosion Control Plan(s). The soil
erosion plan must also be approved by the Prior Lake/Spring Lake
Watershed District. Dated 9/18/00 (Prepared by Pioneer Engineering)
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Plan C --
Tree Preservation and Replacement Plans and Landscaping Plan Dated
(Prepared by Pioneer Engineering)
Plan -D --
One set of Plans and Specifications for Developer Improvements Dated
9/18/00 (Prepared by Pioneer Engineering)
Plan E --
Street Lighting Plan Dated September 29, 2000 (Prepared by MVEC)
Plan F --
Final Planned Unit Development Site Plan Dated
Pioneer Engineering)
(Prepared by
Plan G --
Contract for Development of Land as a Planned Unit Development in the
City of Prior Lake to be known as Wensmann 1st Addition and all of the
exhibits attached to this contract, Dated 11/6/00.
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
F. Street Lights
G. Site Grading and Ponding
H. Underground Utilities
I. Setting of Iron Monuments
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 pennits
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'r.
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:
L Inspection of required improvements which include grading, sanitary
sewer, watermain, storm sewer/ponding, trails/sidewalks and street system.
2. Documentation of construction work and all testing of improvements.
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.)
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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 comers 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.
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.
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13. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by July 1, 2001, with the exception of the fmal 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
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.
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16. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from cons~ction 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
elevations along all swales and ditches, and c) lot corners and house pads. The City may withhold
issuance of building pennits 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 in Exhibit G. The maintenance and repair of the private
storm sewer depicted in 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
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-. ----. - - - -TO
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 41 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's authorized personnel. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction.
The provisions of this paragraph are subject to adjustment pursuant to Paragraph 41 of this Development
Contract.
21. STORMWATER MANAGEMENT FEE. The Developer shall pay a storm stormwater
management fee of $144,944.00 prior to the City signing the final Plat. The amount was calculated as
follows: 45.58 acres at $3,180.00 per acre.
22. SANITARY SEWER AND WATERMAlN TRUNK AREA CHARGES. A Sanitary
sewer and watermain trunk area charge of $159,530.00 shall be paid by the Developer for sanitary sewer
and watermain trunk improvements prior to the City signing the final Plat. The amount was calculated as
follows: 45.58 acres at $3500.00 per acre.
23. COUECTOR STREET FEE. This Development Contract requires the Developer to pay
a collector street fee of $68,370.00 for collector street improvements prior to the City
signing the final Plat. The amount was calculated as follows: 45.58 acres at $1500.00 per
acre.
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24. LATERAL SEWER AND WATER CHARGE. A lateral sewer and water charge of
$9,000.00 shall be paid by the Developer 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
amount of cash or land or a combination of both as established by the City. The land to be dedicated
shall be approved by the City and consistent with City Code provisions. The amount of land dedication
was calculated as follows: Gross area of the plat: 60.90 acres X 10% equals 6.09 acres to be dedicated.
If 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 will be based on the remaining acres. Since the
Park Dedication is a combination of land and trail construction, the land dedication will be 3.0 acres.
The Developer shall construct the regional trail through Wensmann 1st Addition as shown on the fmal
plans in lieu of the additional cash dedication.
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
$700.00 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 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 the signs on 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.
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27. LANDSCAPING. Landscaping for this development shall be provided as shown on Plan
C. The landscaping requirements for the townhouse portion of the development shall be provided by the
Developer. Subject to approved Plan C, the Developer shall provide a [mancial guarantee of
$249,031.00 based on an amount equal to 125% of the estimated cost to furnish and plant the required
landscaping and irrigation system.
For each single family residential lot in the Plat, the Developer or lot purchaser 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
number of trees to be removed falls within the allowable percentages. No tree replacement is required.
29. SECURITY. To guarantee compliance with the tenns 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
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("Security") for $1,246,355.00, plus a cash fee of $478,288.00 for City Development Fees. The aIDOOIE:
of the Security was calculated as follows:
DEVELOPER IMPROVEMENTS COSTS:
Sanitary Sewer
$
$
$
$
$
$
$
162,221. 71
Watermain
159,527.((1
Storm Sewer
123,741.m
Streets/Sidewalks/Trails/Erosion Control
352,367 .XI
Landscaping
199,225.11
Tree Preservation and Replacement
0.00
ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL
997,083.i3
XIE
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
1.246.355.00
CITY DEVELOPMENT FEES:
City Administration Fee (6%) (19)
$ 47,871,(('
$ 47,8/2.00
$ 144,944.m
$ 159,530.m
$ 68,370.00
$ 9,(0).00
$ 0.00
$ 700.00
$ 478.288.00
City Construction Observation (6%) (20)
Storm Water Management Fee (21)
Sanitary Sewer and Watermain Trunk Area Charges (22)
Collector Street Fees (23)
Lateral Sewer and Water Charge (24)
Park Dedication Fee (if in lieu of land) (25)
Street and Traffic Control Signs (26)
TOTAL CITY DEVELOPMENT FEES
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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 fmancial 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 fmancial 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.
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 fmal 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
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(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 fmal 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 28 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 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 City
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.
I: \OOfiles\OOsubdiv\finalpl\ wensmann 1 st\dvcntrct.doc
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13
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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 $0.00 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 fmal
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
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 c1aim(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 I 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
I: \OOfiles\OOsubdiv\finalpl\ wensrnann 1 st\dvcntrct.doc 14
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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 Ph 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 fmal 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 2000).
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 33 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
l:\OOfiles\OOsubdiv\finalpl\wensmann lst\dvcntrct.doc 15
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..,..--,.,
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 enforcement of
this Contract, including engineering and attorneys I 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
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 hannless against and in respect of any and all
claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City
incurs or suffers, which arise out of, result from or relate to this Development Contract. The
1: \oofiles\oosubdiv\finalpl\ wensmann 1 st\dvcntrct.doc 16
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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. MISCET1..4NEOUS.
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 I S demand, the Developer shall cease work until there is
compliance.
B. Developer shall be responsible for all street maintenance until fmal 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 nonnal 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.
l:\oofiles\oosubdiv\finalpl\wensmann Ist\dvcntrct.doc 17
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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
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 and/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
1: \oofiles\oosubdiv\finalpl\ wensmann 1 st\dvcntrct.doc 18
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interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any bre~ch 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. 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
l:\OOfiles\OOsubdiv\finalpl\wensmann lst\dvcntrct.doc 19
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. ".-
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.
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: Wensmann Realty, Inc., 1895 Plaza Drive, Suite 200, Eagan, MN 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 Suesan 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
convenience of reference only and shall be disregarded in constructing or interpreting any of its
provisions .
l:\oofiles\oosubdiv\finalpl\wensmann Ist\dvcntrct.doc 20
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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
Reviewed for Form and Execution:
By:
Frank Boyles, City Manager
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 , 20_,
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 )
I:\oofiles\oosubdiv\finalpl\ wensmann 1 st\dvcntrct.doc 21
10/27/00
-"'....,--.--,.,.,..,..._,..._~."-
The foregoing instrument was acknowledged before me this
day of
,20_,
by
NOTARY PUBLIC
DRAFfEDBY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1: \oofiles\oosubdiv\finalpl\ wensmann 1 st\dvcntrct.doc 22
10/27/00
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract,
affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may
apply to that portion of the subject property owned by them.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, 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\ wensmann 1 st\dvcntrct.doc 23
10/27/00
. "....
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
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFfED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
l:\oofiles\oosubdiv\finalpl\wensmann lst\dvcntrct.doc 24
10/27/00
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed
by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and
agrees to be bound by the provisions as the same may apply to that portion of the subject property in
which there is a contract purchaser's interest.
Dated this _ day of
,20_
STATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1:\OOfiles\OOsubdiv\finalpl\wensmann Ist\dvcntrct.doc 25
10/27/00
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FROM PIONEER ENGINEERING 681 9488
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EXHIBIT II All
NOTE:
PRE:UMINARY
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EXlDBIT "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, "Drawn under Letter of Credit No.
20_, of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
November 30, 20_
(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
1:\OOfiles\OOsubdiv\finalpl\wensmann lst\dvcntrct.doc 31
10/27/00
^ _.".."-,.__.---.,,_.-......~._,._- ----w--..'
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:
l:\OOfiles\OOsubdiv\finalpl\wensmann lst\dvcntrct.doc 32
10/27/00
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
l:\OOfiles\OOsubdiv\finalpl\wensmann lst\dvcntrct.doc 33
10/27/00
.. - . -~__,._,...,._...v____.___..._ _'_.~_..
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Improvements)
A. OVERSIZING
There are no oversizing costs associated with this contract.
1:\OOfiles\OOsubdiv\finalpl\wensmann lst\dvcntrct.doc 34
10/27/00
'10-'10-2000 8:01AM
FROM PIONEER ENGINEERING 681 9488
P.2
- --,. EXHIBIT E
RYAN CONTRACTING
8700 13th AVE
SHAI<OPEE MN
COST ESTIMATE
PROJECT NAME
BID DATE
WENSMANN 1 ST,PRtOR L.AKJ; MN,
,,_h,_,_,_,,__---~'-"-,',...h,-..,-..--.... ..
113-113-2000 8:01AM FROM PIONEER ENGINEERING 681 9488 EXHIBIT E P.3
- . '4S'-f'8~ RCP 796.00 LF $22.00 517.512.00
47 21" RCP 191.00 LF $28.00 $5,348.00
48 24" RCP 83.00 LF $35.00 $2,905.00
49 48" MH G.OO EA 51.350.00 $8,100.00
50 46" CBMH 17.00 EA $1,350.00 $22,950.00
51 2' x 3' CB 9.00 EA $950.00 $8.550.00
51 2:'1" CB 1.00 EA $950.00 $950.00-
52 12" FES WfT.G 4.00 EA $760.00 $3,040.00
53 16" FES wrr.G 1.00 EA $900.00 $900.00
54 21. FES WI T.G 2.00 EA $1,030.00 $2.060.00
55 24" FES WI T.G 2.00 EA 51,145.00 $2,290.00
56 POND SKIMMER 3.00 EA $1.400.00 $4,200.00
58 RIPRAP CL. 3 39.80 CY $55.00 $2,189.00
57 SUBTOTAL $123,742.00
58
59 STREETS
60 SUBGRADE PREP 21002.00 SY $0.40 $8,400.80
61 g" AGG. BASE CL 5 21002.00 SY $5.00 $105,010.00
82 2.5" BIT. BASE 11480.00 SY $3.50 $61,180.00
63 1.5" BIT WEAR 17480.00 SY $2.50 $43,700.00
64 TACK 872.00 GAL $1.00 $872.00
65 2' CONC. VALLEY GUTTER 240.00 LF $5.00 $1.200.00
66 MOUNT. C& G 10636.00 LF $6.~ $69,134.00
67 8612 C&G 96.00 LF 510.50 $1,008.00
68 ADJ. G.\( ( 'TWICE) 11.00 EA $250.00 52,750.00
69 ADJ. MH ( lWICE) 32.00 EA $300.00 $9,600.00
70 ADJ. CB (TWICE) 26.00 EA $75.00 $1,950.00
71 R&R CURB 310.00 LF $:20.00 $6,200.00
72 4" CONC WALl( 2445.00 LF $12.50 $30.562.50
73 TEMP. TY'PE3 BARRICADES 4.00 EA $350.00 $1,400.00
74 PED RAMP 10.00 EA $190.00 $1.900.00
75 TEMP CUL-DE-SAC 2.00 EA $1,500.00 $3,000.00
76 BACKFILL RESTORE & SOD BEHIND CURB 1.00 LS ? 1
77 SOD BL va, 1 ROLL BEHIND CURB, 1 B. wide 1800.00 SY $2.50 $4,500.00
7B SUBTOTAL $352,361.30
SAHlTARY SEWER
WATERMAlN $16%,221.71
STORM SEWER $159,527.60
STREETS $123,742.00
$352,361.30
l TOTALS $nJ7,868.S1j
Please 110" IIfUnS In Ted MV. been added
09/13/2000 07:51
6514376955
WILLIMS LANDSCAPE
PAGE '132
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LJ'LSANDSCAPE
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Invoice no
20200 Otero Ave.
Hastings, MN 55033
651-437-2.827
'4 ESTIMATE
o INVOICE
Quantity Description Unit price Amount
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Purchase order no
,fY:Y7/LL/AMS
l.-J'LSANDSCAPE
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ts\"
Invoice no
20200 Otero Ave.
Hastings, MN 55033
651-437-2827
~ ESTIMATE
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EXlDBIT "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 cuI-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\OOsubdiv\finalpl\ wensmann Ist\dvcntrct.doc
10/27/00
39
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EXHIBI'T G
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WENSMANN 1 ST
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STORM DRAIN OWNED & MAINTAINED
BY THE DEVELOPERl ASSOCIATION 'j... .-:. . i 0 .
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