HomeMy WebLinkAbout5I - Markley Lake Final Plat 0C!
4 4646 Dakota Street SE
Prior Lake. MN 55372
4/INNEsdcP
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 23, 2014
AGENDA#: 51
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE AND LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTION APPROVING THE MARKLEY
LAKE WOODS FINAL PLAT AND THE DEVELOPMENT CONTRACT
DISCUSSION: Introduction
Peter Knaeble (the Developer) has applied for approval of a Final Plat for
Markley Lake Woods. The property is located on a 23.5 acre site located
northeast of the intersection of CSAH 21 and Fish Point Road, south of the
Cardinal Ridge residential development area, east of Eagle Creek Estates. The
development plan calls for a residential development consisting of 38 single
family homes.
History
The City Council approved the preliminary plat application on June 24, 2013.
As a condition of approval, the City Council stated the developer shall place a
trail near the shoreline of Markley Lake, making a pedestrian trail connection
from north to south.
Current Circumstances
The final plat of Markley Lake Woods consists of approximately 23.5 acres to be
subdivided into 38 single family lots, and 7 outlots. The Final Plat proposes the
construction of three public streets. Staff has reviewed the final plat and finds it
to be in substantial compliance with the approved preliminary plat.
Conclusion
The principal requirements for final plat approval include conformance with all
aspects of the preliminary plat and an agreement to a Development Contract
identifying, among other things, the surety for the installation of utilities and
streets. The Development Contract specifies the development fees and
required security for the project.
ISSUES: As part of the Preliminary Plat approval, the City Council listed a condition that a
public trail near the shoreline of Markley Lake to be added to the development
plans. The Developer has now shown this shoreline trail on the development
plans proposed for approval and proposes to grant a public trail easement along
the lakeshore. Due to the trail's significance as a regional trail that is identified
on the 2030 Comprehensive Plan, the City will construct the trail in accordance
with City standards.
In addition, city staff previously evaluated the trail connection north of the
proposed plat, as evidenced in a trail grant application to SMSC in November of
2013. A second grant application will likely be submitted to SMSC if another
grant round opens in 2014 for cities in Scott County in order to complete the
connecting trail through the adjacent city park, as well as the trail through
Markley Lake Woods. Otherwise, city park dedication funds received through
this plat will be used toward the construction of the regional trail.
FINANCIAL Approval of this final plat will allow construction of new dwelling units, which will
IMPACT: contribute to the City's tax base.
ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, to approve a
resolution approving the Markley Lake Woods Final Plat and Development
Contract.
2. Motion and a second to deny the resolution for the final plat based on
findings of fact.
RECOMMENDED Alternative#1
MOTION:
ATTACHMENTS: 1. Development Contract
2. Trail Location Map
.1.0100
4646 Dakota Street SE
411MvEso* Prior Lake.MN 55372
RESOLUTION 14-XXX
A RESOLUTION APPROVING THE "MARKLEY LAKE WOODS" FINAL PLAT AND DEVELOPMENT
CONTRACT
Motion By: Second By:
WHEREAS, On June 24, 2013, the City Council approved the preliminary plat for Markley Lake Woods, subject
to conditions identified by Resolution 13-081; and
WHEREAS, Peter Knaeble (the "Developer') has submitted an application to the City of Prior Lake for approval
of a Final Plat for Markley Lake Woods; and
WHEREAS, The City Council has found that the final plat of Markley Lake Woods is in substantial compliance
with the approved preliminary plat for Markley Lake Woods.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The final plat of "Markley Lake Woods" is approved subject to the following conditions, which shall be
met prior to release of and recording of the final plat:
a. The Developer shall submit a current title opinion or commitment of title insurance acceptable to the
City Attorney.
b. The Developer shall pay all fees identified in the Development Contract.
c. The Developer shall provide reductions of the entire final plat be submitted, to the following scales:
1" = 200'; and one reduction at no scale which fits onto an 8 1/2"x 11"sheet of paper.
d. The Developer shall submit three mylar sets of the final plat with all required signatures.
e. The Developer shall provide financial security, acceptable to the City Engineer.
f. The Developer shall revise the plans in accordance with the requirements contained in the
memorandum from the City Engineering/Public Works Departments dated April 7, 2014.
3. The Developer shall file the final plat and all pertinent documents with Scott County within 60 days from
the date of final plat approval. Failure to record the documents by August 22nd, 2014,will render the final
plat null and void.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of
the City.
PASSED AND ADOPTED THIS 23TH DAY OF JUNE, 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ 0 ❑
Nay 0 0 0 ❑ ❑
Absent 0 0 0 0 0
Abstain 0 0 0 0 0
Frank Boyles, City Manager
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DEVELOPMENT CONTRACT
MARKLEY LAKE WOODS
PROJECT#13-103
This DEVELOPMENT CONTRACT is entered into this 23rd day of June,2014,by and between
the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Peter Knaeble, property
owner, and his successors and assigns. Based on the mutual promises and covenants set forth herein, the
sufficiency of which is not disputed,the City and the Developer(collectively"Parties")agree as follows:
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for Markley Lake Woods (referred to in this Development Contract as the "Plat"). The land is legally
described as shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OFPLATAPPROVAL. The City hereby approves the Plat on condition that
the Developer enter into this Development Contract, furnish the Security required by it, and record the Plat
and Development Contract with the County Recorder or Registrar of Titles within 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
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the following conditions have been satisfied: 1)this Development Contract has been fully executed by both
parties,2)the necessary security,development fees and insurance have been received by the City,and 3)the
City Engineer or Designee has issued a letter that all conditions have been satisfied and that the Developer
may proceed. The foregoing restriction on the Developer's"Right To Proceed"does not apply to grading or
other approvals set forth in Resolution No. 13-081, dated June 24, 2013, approving the Preliminary Plat for
Markley Lake Woods.
4. PIL4SED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this Development
Contract or any terms or conditions set out in the Resolution approving the Final Plat and the breach has not
been remedied. In addition, no other subsequent phases may proceed until the City approves Development
Contracts for such phases. Fees and charges collected by the City in connection with infrastructure,public
improvements and parkland dedication requirements are not being imposed on outlots, if any,in the Plat that
are designated in an approved Preliminary Plat for future subdivision into lots and blocks. Such charges will
be calculated and imposed when the outlots are subdivided into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit in accordance with City Code 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. I)EYELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development Contract,
but are incorporated by reference and made a part of this Development Contract as if fully set forth herein. If
the plans vary from the written terms of this Development Contract, the more specific or stringent controls
shall apply. The Plans are:
Plan A-- Final Plat Dated stamp dated April 28,2014(Prepared by Brandt Engineering
& Surveying,LLC)
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Plan B -- Final Grading, and Erosion Control Plan(s) as stamped approved by the City
Engineer or his designee (Prepared by Civil Site Group)
Plan C-- Landscape Plan as stamped approved April 28, 2014 (Prepared by Civil Site
Group)
Plan D-- One set of Plans and Specifications for Developer Installed Improvements
Stamp Dated as stamped approved by the City Engineer or his designee
(Prepared by Civil Site Group)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED 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. Traffic Control Signs
J. Street Signs
K. Setting of Iron Monuments
L. Sidewalks
M. Landscaping
N. Wetland Buffer Signage
The Developer Installed Improvements shall be installed in accordance with the City's 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
Page 3
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer,its contractors and subcontractors,shall
follow all instructions received from the City's authorized personnel. The Developer or the Developer's
engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff, to
review the program for the construction work. In accordance with Minnesota Pipeline Safety law revisions
effective January 1, 2006 the Developer will be responsible for installing a tracer wire mechanism for all
service lines in public right-of-way. The proposed tracer mechanism shall be approved by the City prior to
installation. All costs associated with furnishing and installing the tracers shall be the Developer's
responsibility. 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 The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance with
the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements,which include grading, sanitary sewer,watermain, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
C. Field document as-built location dimensions for sanitary sewer,watermain and storm
sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as-built record
plans.
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including,but not limited to:
A. Construction surveying
Page 4
B. As-built drawings of grading plans.
C. As-built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie
dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City
consultants). As-built record drawings shall follow the requirements set forth in the Public Works Design
Manual (PWDM). The as-built record drawings shall be submitted to the City for approval within six (6)
months of substantial base pavement course placement.
D. Project Testing: The Developer is responsible,at the Developer's sole cost,to provide
testing to certify that Developer Installed Improvements were completed in compliance with the approved
final plans and specifications. The personnel performing the testing shall be certified by the Minnesota
Department of Transportation. The City Engineer has the sole discretion to determine if additional testing is
necessary. The cost of additional testing is to be paid by the Developer.
E. Lot corners and monuments.
F. Engineering/Project Management
10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured sod
in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer,the Developer shall remove the silt fences after turf establishment.
11. SUBDIVISIONMONUME.NTS. The Developer shall install all subdivision monumentation
within one (1)year from the date of recording the plat, or the monumentation shall be installed on a per lot
basis at the time the building permit for the subject lot is issued,whichever occurs first. At the end of the one
(1)year period from recording of the Plat,the Developer shall submit to the City Engineer written verification
by a registered land surveyor that the required monuments have been installed throughout the plat.
Page 5
12. TIME. OF PERFORMANCE. The Developer shall install all required public improvements
by December 31, 2014, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed by July 30th,of the first summer after the base layer of asphalt has been in
place for one freeze thaw cycle. If necessary,the Developer and the City shall consult about an extension of
time. If an extension is granted, it shall be in writing and conditioned upon updating the Security posted by
the Developer to reflect cost increases and the extended completion date.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed appropriate
by the City in conjunction with the development of the Plat.
14. EROSION CONTROL.
A.Prior to initiating site grading,the erosion control plan,Plan B,and Stormwater Pollution
Prevention Plan(SWPPP)shall be implemented by the Developer and inspected and approved by the City.
The City may require the Developer, at no cost to the City, to install additional erosion control measures
if they are necessary to meet erosion control objectives. All areas disturbed by the excavation and
backfilling operations shall be reseeded immediately after the completion of the work in that area. All
seeded areas shall be mulched, and disc anchored as necessary for seed retention. The parties recognize
that time is of the essence in controlling erosion. If the Developer does not comply with the erosion
control plan and schedule or supplementary conditions imposed by the City,the City may take such action
as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of
any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. The Developer shall be solely responsible for any costs incurred by the City for
erosion control measures. The Developer shall fully reimburse the City for any cost incurred within ten
(10) days of the date of the City's invoice. If the Developer does not reimburse the City for any cost the
City incurred for such work within ten (10) days, the City may, without further notice to the Developer,
Page 6
draw down the Irrevocable Letter of Credit to pay any costs.No development,utility or street construction
will be allowed unless the Plat is in full compliance with the erosion control requirements. The notice
provisions set out in Paragraph 41 shall not apply to notifications to the Developer under this paragraph.
B. The Developer shall seed or lay cultured sod in all boulevard areas behind curb within
thirty (30) days, or within a timeline established by the City Engineer, of the completion of street related
improvements (sod does not need to be installed in areas of buildable lots where silt fence is required
behind curbs).
C. The Developer shall restore all other areas disturbed by the development grading and
construction operations within this time period.
D. Boulevard and disturbed area restoration shall be in accordance with the approved Plan
B and SWPPP. (No building permits will be issued until the Developer has installed silt-fence behind the
curb of all buildable lots). It is expressly understood that once silt fence has been installed it shall become
the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by the Developer's
utility contractors.
15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors,their agents
or assigns. Prior to any construction in the Plat,the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City,the City,without further
notice, will perform the work and charge the associated cost to the Developer. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten(10)days of receipt of the invoice,
the City may draw down,without further notice,the Irrevocable Letter of Credit to pay any costs incurred by
the City. Due to time sensitive nature of clean up, the notice provisions set out in Paragraph 41 shall not
apply to notifications to the Developer under this paragraph.
Page 7
16. GRADINGTLAN.
A. The Plat shall be graded in accordance with the approved grading plans. All existing and
proposed contours must be shown and approved as a part of the building permit application. The graded
plans, as well as the grading and erosion control work shall conform to City of Prior Lake Public Works
Design Manual.
B. As-builts. Before the City releases the Grading Security,the Developer shall provide
the City with an as built grading plan and a certification by a registered land surveyor or engineer that all
ponds, swales, and ditches have been constructed on public easements or land owned by the City. The as-
built plan shall include field verified elevations of the following: a) cross sections of ponds,b) location and
elevations along all swales and ditches, and c) lot corners and house pads. The City may withhold issuance
of building permits until the approved certified grading plan is on file with the City and all erosion control
measures are in place as determined by the City Engineer. The Developer shall also submit a land tabulation
certified by a registered engineer showing that all pads have been corrected in accordance with project
specifications.
17. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon(1)completion
of the Developer Installed Improvements required by this Development Contract;(2)final written acceptance
by the City Engineer; and (3) adoption of a resolution of acceptance by City Council, the improvements
lying within public right-of-way and easements shall become City property. The Developer shall be
responsible for all pond maintenance until written acceptance by the City of the Developer installed
improvements.
18. STREET MAINTENANCE. Developer shall be responsible for all street maintenance until
final written acceptance by the City of the Developer Installed 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
Page 8
impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph, "street
maintenance"does not include snow plowing or normal sweeping.
19. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction,and street construction is restricted to County Highway 21,as permitted by Scott County,
Fish Point Road, Credit River Road, Mount Curve Road, and Markley Lake Drive. No construction traffic
is permitted on other adjacent local streets.
20. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. Grading, utilities, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. Grading as-builts
for the proposed building permit shall be approved prior to issuance of any building permit. Before a building
permit will be issued a minimum of one (1) active fire hydrant within 300 feet of the unit must be available
for fire protection. If building permits are issued prior to the acceptance of Developer Installed
Improvements, the Developer assumes all liability and costs incurred as a result of delays in completion of
the Developer Installed Improvements; including damages to Developer Installed Improvements caused by
the Developer,its contractors, subcontractors,material men,employees,agents or third parties.
B. Wetland Buffer Signage must be installed prior to the issuance of any building permits
within the development.
C. A temporary or permanent Certificate of Occupancy shall not be issued for any
building 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.
21. 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
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engineer on the status of or problems regarding the development of the Plat,project monitoring during the
warranty period,processing of requests for reduction in security,and any consulting or legal fees incurred by
the City. Fees for this service shall be four percent (4%) of the estimated construction cost as detailed in
Exhibit E and tree preservation and replacement costs, less oversizing costs outlined in Exhibit D,assuming
normal construction and project scheduling. The previous escrowed funds currently retained by the City as
a result of a Preliminary Plat Application will be credited towards the City Administration four percent
(4%) fee. The Developer has previously escrowed $10,000.00 for City Administrative Review. The
remaining City Administration Fee shall be $14,711.00. This fee was calculated as four percent(4%)of the
estimated construction cost less the oversizing reimbursement identified in Paragraph 37,and the previously
established $10,000.00 escrow fund. Costs incurred by the City over and above the four percent (4%)
Administration fee shall be billed to the Developer.
22. RF,IMBIIRSEMENT OF CITY ADMINISTRATION FEES. The City and Developer
acknowledge that the calculation of the City Administration Fee is based on construction cost estimates
provided by the Developer to the City.Although the City reviews and accepts the construction cost estimates
provided by the Developer,the review and acceptance is based on an assessment by City Engineering Staff
that the costs provided to the City are reasonable. Actual construction costs may vary.
23. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction, City
legal costs,and City consultant expenses. The Developer shall deposit an amount equal to five percent(5%)
of the estimated construction cost, less oversizing costs outlined in Exhibit D, for construction observation
performed by the City's authorized personnel and incurred pass-through legal expenses. This amount shall
be maintained by the City in escrow until final acceptance of all Developer Installed Improvements by the
City. Any balance remaining in the escrow account will be returned to the Developer at that time. Costs
Page 10
incurred by the City over and above the five percent(5%)Construction Observation fee shall be billed to the
Developer.
24. TRUNK STORM WATER ACREAGE CHARGE. The Developer shall pay a storm water
trunk charge of$45,561.00 prior to the City signing the final Plat. The amount was calculated as follows:
16.330 acres at$2,790.00 per acre.This calculation was determined by the Fee Determination Study adopted
by City Council Resolution#05-18 on January 18,2005.
25. TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of$89,815.00 shall
be paid by the Developer for watermain trunk improvements prior to the City signing the final Plat. The
amount was calculated as follows: 16.330 acres at $5,500.00 per acre. This calculation was determined by
the Fee Determination Study adopted by City Council Resolution#05-18 on January 18,2005.
26. TRUNK SEWER ACREAGE CHARGE. A trunk sewer acreage charge of$49,643.00 shall
be paid by the Developer for sanitary sewer trunk improvements prior to the City signing the final Plat. The
amount was calculated as follows: 16.330 acres at $3,040.00 per acre. This calculation was determined by
the Fee Determination Study adopted by City Council Resolution#05-18 on January 18,2005.
27. STREET OVERSIZE ACREAGE CHARGE. This Development Contract requires the
Developer to pay a street oversize acreage charge of$80,344.00 for street improvements prior to the City
signing the final Plat. The amount was calculated as follows: 16.330 acres at $4,920.00 per acre. This
calculation was determined by the Fee Determination Study adopted by City Council Resolution#05-18 on
January 18,2005.
28. UTILITY CONNECTION CHARGE. The Developer shall pay a utility connection charge
of$18,000.00 for connection to the sanitary sewer and water systems. The amount was calculated as follows:
150' at$120.00 per front foot.
29. CASH PARK DEDICATION FEE AND TRAIL EASEMENT. The Developer shall grant
to the City a permanent easement for trail purposes in the form attached hereto as Exhibit G and shall further
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in satisfaction of its remaining park dedication requirements tender to the City cash in the amount of$45,600.
A$3,750.00 park dedication fee calculation was determined by the Park Fee Study adopted by City Council
Resolution#05-18 on January 18,2005. The required amount of dedication of land or cash payment shall be
determined by the provisions of Section 1004.1000 in the City Subdivision Ordinance,or by the fee scheduled
adopted by resolution of the City Council. The required land dedication is based on the following calculation:
16.330 net acres X 10%equals 1.630 acres. The Developer is dedicating 1.115 acres of land(trail easement
corridor). This dedication is equal to 68.3%of the required land dedication. The remaining dedication shall
be satisfied by a cash dedication in lieu of land. The Developer shall be required to pay a Park and Trail
Dedication Fee based on the following calculation: 31.7%of 38 total units equals 12.046 units. The amount
of the fee shall be based on the following calculation: 12.046 units X $3,750.00 equals $45,173.00.
Notwithstanding anything to the contrary in this Development Agreement, including the Plans identified in
Paragraph 6 and the grading requirements in Paragraph 16A,the City shall be responsible for all grading and
construction of the trail.The Developer shall provide upon request by City a temporary construction easement
in the form attached hereto as Exhibit H for construction of the trail.
30. STREET LIGHTS AND OPERATIONAL COSTS. 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 Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the City
Engineer and in accordance with the Public Works Design Manual.
31. LANDSCAPING (Sin;le-Family Residential). In accordance with the City Subdivision
Ordinance, each residential lot in the Plat must have at least two (2) front yard trees. The Developer or lot
purchaser shall plant the two (2) front yard trees on every lot in the Plat that does not already meet this
requirement at the time of the building permit. The Developer or lot purchaser shall sod the front yard,
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boulevard,and side yards to the rear of every structure on every lot prior to the issuance of the final certificate
of occupancy. If this section is to be satisfied by existing trees,a tree protection security("escrowed funds")
may also be required. If the required landscaping is not installed,the City is granted a license to enter upon
a lot and install the landscaping using the escrowed funds deposited by the builder at the time the building
permit was issued. Upon satisfactory completion of the landscaping,the escrowed funds less any draw made
by the City, shall be returned to the person who deposited the funds with the City.
32. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, and to the
provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial
guarantee of $0.00 based on an amount equal to 125% of the estimated cost to furnish and plant the
replacement trees. The City shall maintain the Security for at least one (1) year after the date the last
replacement tree has been planted. At the end of such year, or such longer period as the City determines to
be reasonable,the portion of the Security equal to 125%of the estimated cost of the replacement trees,which
are alive and healthy may be released. Any portion of the Security not entitled to be released shall be
maintained and shall secure the Developer's obligation to remove and replant replacement trees, which are
not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of these
trees,the Security shall be maintained for at least one (1)year after the date of the replanting or planting of
these trees. If,at the end of this period,all of the required trees are alive and healthy,the entire Security may
be released.
33. SECURITY. To guarantee compliance with the terms of this Development Contract,payment
of the costs of all Developer Installed Improvements, and construction of all Developer Installed
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("Security")shall
be in the form attached hereto as Exhibit B, from a bank for$772,226.00. The amount of the Security was
calculated as follows:
Page 13
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $ 27,507.00
Watermain $ 147,208.00
Storm Sewer $ 81,838.00
Streets $ 237,238.00
Grading $ 123,990.00
Tree Replacement $ 0.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $ 617,781.00
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 772,226.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank
on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The bank shall
be authorized to do business in the State of Minnesota with a principal branch located within the seven County
Twin City Metropolitan area. The Letter of Credit should extend through the required warranty period.
Individual Security instruments may be for shorter terms provided they are replaced at least forty-five (45)
days prior to their expiration. If the required Developer Installed Improvements are not completed at least
thirty (30) days prior to the expiration of the Security, the City may draw it down. If the Security is drawn
down, the proceeds shall be used to cure the default. The Security may be drawn down in the event that at
least forty-five (45)days prior to an identified expiry date the Letter of Credit is not extended for a period of
at least one year or has not been replaced with a substitute Letter of Credit acceptable to the City.
34. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$374,136.00 for City Development Fees. The amount of the cash fee was calculated as follows:
Page 14
CITY DEVELOPMENT FEES:
City Administration Fee(4%)($10,000 previously paid) $ 14,711.00
City Construction Observation(5%) $ 30,889.00
Trunk Stormwater Acreage Charge $ 45,561.00
Trunk Water Acreage Charge $ 89,815.00
Trunk Sewer Acreage Charge $ 49,643.00
Street Oversize Acreage Charge $ 80,344.00
Utility Connection Charge $ 18,000.00
Park Dedication Fee(if in lieu of land) $ 45,173.00
TOTAL CITY DEVELOPMENT FEES $ 374,136.00
35. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required work has been satisfactorily completed and financial obligations to the City have been satisfied,the
Security may be reduced by seventy-five percent(75%) of the financial obligations that have been satisfied
upon written authorization by the City Engineer. Any requests for reductions in the Security must be made
in writing to the City Engineer and must be accompanied by lien waivers from any contractor or subcontractor
for the Developer. Twenty-five percent(25%)of the Security shall be retained until all Developer Installed
Improvements and other obligations under this Development Contract have been completed, including, but
not limited to, all financial obligations to the City, and the receipt of all required as-built street, utility and
grading plans by the City. Once the City has accepted the project, as-builts have been completed, all punch
list items are completed and warranty bonds submitted, the Irrevocable Letter of Credit may be reduced to
5%. Upon completion of the warranty period the 5% Irrevocable Letter of Credit may be released. In no
event shall the five percent(5%) Security be released until the Developer provides the City Engineer with a
certificate from the Developer's registered land surveyor stating that all irons have been set following site
grading and utility and street construction.
Page 15
36. WARRANTY. The Developer warrants all Developer Installed Improvements required to be
constructed by it pursuant to this Development Contract against poor material and faulty workmanship. The
Developer shall post warranty bonds in the amount of twenty-five (25%) of the improvements as security.
The warranty period for streets is one(1)year. The warranty period for underground utilities is two(2)years.
The warranty period on Developer Installed Improvements shall commence on the date the City Engineer
issues written acceptance of the improvement. All punch list items must be completed and "as-built"
drawings received prior to the commencement of the warranty period. The retained Security may be used by
the City to pay for warranty work. The City standard specifications for utilities and street construction identify
the procedures for final acceptance of streets and utilities. These standards are set out in the Public Works
Design Manual.
37. OVERSIZING. City and Developer agree that the Developer Installed Improvements should
be oversized for the benefit of future development. Oversizing is the construction of a Developer Installed
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, storm drainage facilities,and
road improvements. If the City Engineer determines that oversizing is required,the City shall reimburse the
Developer for the costs associated with this work and as approved in this contract. City and Developer agree
that the cost of system oversizing (including boardwalk upgrades and flood compensatory storage) to be
reimbursed to the Developer is $0.00 based upon a cost estimate by the City Engineer as determined by an
engineer's estimate or contractors bid to be provided by the Developer and application of the City's
Assessment Policy based on a final engineering design. The calculation for oversizing is attached as Exhibit
D.
38. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor,materialmen,or others that work required by this Development Contract has been
Page 16
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 the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Irrevocable
Letter of Credit Security in an amount up to 125%of the claim(s) and deposit the funds in compliance with
the Rule, and upon such deposit,the Developer shall consents to and shall not object to the Court issuing an
order releasing, discharging, and dismissing the City from any further proceedings as it pertains to the
Irrevocable letters of credit deposited with the District Court,except that the Court shall retain jurisdiction to
determine attorneys'fees pursuant to this Development Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten(10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any undisputed
amount for which the Developer has received payment by the City, the Developer shall pay interest to the
subcontractor on the unpaid amount at the rate of 11/2 percent(1.5%)per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid
balance of less than $100, the Developer shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Developer shall be awarded
its costs and disbursement, including attorney's fees incurred in bringing the action, from the Irrevocable
Letter of Credit or other security provided by the Developer to the City. (See Minn. Stat. §471.425, Subd.
4a.)
39. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys'fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Development
Page 17
Contract within thirty(30)days after receipt. If the bills are not paid on time,the City may issue a stop work
order until the bills are paid in full.
40. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include,but not be limited to,any one or more of the following events: (1)failure by the Developer to pay in
a timely manner, all fees, charges, taxes, claims and liabilities, including but not limited to all real estate
property taxes, utility charges, and assessments with respect to the development property; (2) failure by the
Developer to construct the Developer Installed Improvements pursuant to the terms, conditions and
limitations of this Development Contract; (3) failure by the Developer to observe or perform any covenant,
condition,obligation or agreement on its part to be observed or performed under this Development Contract;
(4)transfer of any interest in the Plat without prior written approval by the City Council (for the purpose of
this paragraph,the sale of a lot,except an outlot,to a builder is not an event of default); (5)failure to correct
any warranty deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the
City in connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable
Letter of Credit at least forty-five (45) days prior to its expiration date ; (8) receipt by the City from the
Developer's insurer of a notice of pending termination of insurance;(9)failure to maintain a current insurance
certificate on file with the City meeting City requirements; (10) failure to maintain an Irrevocable Letter of
Credit;(11)a breach of any material provision of this Development Contract. With respect to this paragraph,
"material provision"shall be construed broadly to offer the City the fullest protection and recourse possible.
B. Event of Default-Remedies. Whenever an Event of Default occurs,the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 41 of
this Development Contract,may take any one or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
Page 18
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract.
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development Contract
or to enforce performance and/or observance of any obligation,agreement or covenant of development under
this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots, including those lots sold to third parties.
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements using the Irrevocable Letter of Credit to pay for the related costs.
8. Suspend the release of any escrowed dollars.
9. Use of escrow dollars or other security to satisfy any outstanding financial
obligations to the City including but not limited to all real estate property taxes, utility charges, and
assessments with respect to the development property;
10. Any fees, including attorney fees, incurred by the City associated with
enforcing any of the provisions set out in sections 1-9 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
41. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15,requires Notice to be provided to the Developer,the notice shall include the following:
(1)the nature of the breach of the term or condition that requires compliance by the Developer,or the Event
Page 19
of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the Event of
Default; and(3)the time the developer has to cure the breach or remedy the Event of Default.
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
6001 Glenwood Avenue,Minneapolis,MN 55422. Notices to the City shall be in writing and shall be either
hand delivered to the City Manager,or mailed to the City by certified mail in care of the City Manager at the
following address: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, Minnesota 55372. Concurrent
with providing Notice to the City,Notice(s) shall be served upon the City Attorney Ric Rosow, Gregerson,
Rosow,Johnson&Nilan,LTD, 650 Third Ave. South, Suite 1600,Minneapolis,MN 55402.
42. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest,penalties, and attorneys' fees,that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
43. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have
no recourse against the City under this Development Contract. The Developer agrees that any party allegedly
injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the Developer or
the Developer's agents. In all such matters, including court actions, the Developer agrees that the
indemnification and hold harmless provisions set out in Paragraph 42 shall apply to said actions. This
Development Contract is a contract agreement between the City and the Developer. No provision of this
Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such
Page 20
person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise
give rise to any cause of action for any person not a party hereto.
44. INSURANCE REQUIREMENTS. 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 Installed 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.
The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall have
expiration dates falling on June 30th or December 31'of each year. Each insurance certificate shall have the
project name and City project number clearly shown.
45. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run with
the land. The Developer,at its sole cost and expense,shall record this Development Contract against the title
to the property within sixty (60) days of the City Council's approval of the Development Contract. The
Developer shall provide the City with a recorded copy of the Development Contract. The Developer
covenants with the City,its successors and assigns,that the Developer is well seized in fee title of the property
being final platted and/or has obtained consents to this Development Contract, in the form attached hereto,
from all parties who have an interest in the property; that there are no unrecorded interests in the property
being final platted; and that the Developer indemnifies and holds the City harmless for any breach of the
foregoing covenants.
Page 21
46. SPECIAL PROVISIONS. The following special provisions shall apply to Plat development:
A. Compliance with all of the conditions listed in the Resolution approving the final Plat.
B. The Developer is required to submit the final Plat in electronic format.The electronic
format shall be compatible with the City's current software. In addition,upon completion of the project the
Developer shall provide the City with as-built utility plans in electronic format compatible with the City's
current software and with layers, colors, and line-types formatted in accordance with City standards.
Additionally,three(3)full size(22 X 34 inch)paper copies and one(1)reduced(11 X 17 inch)copy shall be
certified and submitted to the City.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to,or loss of, signs removed pursuant to this provision.
47. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances,zoning ordinances,and environmental regulations.If the City determines that the Plat
does not comply, the City may, at its option, refuse to allow construction or development work in the Plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is
compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid,such decision shall not affect the validity
of the remaining portion of this Development Contract.
Page 22
C. Amendments.There shall be no amendments to this Development Contract unless in
writing, signed by the parties and approved by resolution of the City Council. The City's failure to promptly
take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots,the entire Plat,or any part of it.
E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
provisions.
F. Jurisdiction. This Development Contract shall be governed by the laws of the State
of Minnesota.
G. Successors and Assigns. Provisions of this Contract shall be binding upon and
enforceable against owners,their successors, and their assigns of the Plat.
Page 23
CITY OF PRIOR LAKE
By:
(SEAL) Kenneth L.Hedberg,Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
(ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this day of , 2014, by
Kenneth L. Hedberg, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 55372
Page 24
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owner of all or .rt of the
subject prope ,the development of which is governed by the foregoing Development Contra , affirm and
consent to the • •visions thereof and agree to be bound by the provisions as the same ma apply to that
portion of the subj. t property owned by them.
Dated this day of ,20 .
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged . ore me this day of ,20 ,
by
NOTARY PUBLI
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 55372
Page 25
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
,which holds a • •rtgage on the
subject prope the development of which is governed by the foregoing Development Co ract, agrees that
the Development ontract shall remain in full force and effect even if it forecloses on it ortgage.
Dated this day of ,20 .
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowled• • •efore me this day of
20 , by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 5537
Page 26
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, w ' who has a
contract purcha 's interest in all or part of the subject property, the development of wh'' is governed by
the foregoing Dev. opment Contract,hereby affirms and consents to the provisions the of and agrees to be
bound by the provis 'ns as the same may apply to that portion of the subject prope in which there is a
contract purchaser's in est.
Dated this d. of ,20 .
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowl, ged b.. ore me this day of
20 , by
NOTARY PUBLIC
ISI
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 5 . 2
Page 27
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EXHIBIT"B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
(LOC must be from a bank authorized to do business in Minnesota with a principal branch in the 7-county metropolitan area)
No.
Date:
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 55372
Dear Sir or Madam:
We hereby issue,for the account of (Name of Developer) and in your favor,our Irrevocable Letter
of Credit in the amount of$ ,available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated , 20� of
(Name of Bank) ";
b)Be signed by the Mayor or City Manager of the City of Prior Lake.
c)Be presented for payment at (Address of Bank) ,on or before 4:00 p.m.on December 31,20_
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date(which shall be December 31 of each year),the Bank delivers written notice
to the Prior Lake City Manager that it intends to modify the terms of,or cancel,this Letter of Credit.Written notice is
effective if sent by certified mail,postage prepaid,and deposited in the U.S.Mail,at least forty-five(45)days prior to
the next annual renewal date addressed as follows: Prior Lake City Manager,Prior Lake City Hall,4646 Dakota Street
SE,Prior Lake,Minnesota 55372-1714,and is actually received by the City Manager at least forty-five(45)days prior
to the renewal date. In the event that at least forty-five(45) days prior to the expiry date listed above,this Letter of
Credit is not extended for a period of at least one year or has not been replaced with a substitute Letter of Credit
acceptable to you, this Letter of Credit is also payable to you upon presentation to us of your written statement
mentioning thereon our Credit No. [insert numbert and stating"Letter of Credit No._[insert number.
has not been extended for a period of at least one year from the present expiration date and has not been replaced with
a substitute Letter of Credit acceptable to us."
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.600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
Page 31
EXHIBIT C
Client#:14348 CITED
ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE" )
9/1612013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the poticy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Name of Insurance Company FAXINC,NuI.
Address SSS
INSURER(S)AFFORDDIG COVERAGE NAC e
INSURER A:
INSURED INSURER B:
Name of Contractor INSURER C:
Address INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLYE TYPE OF INSURANCE DO ryD POLICY NUMBER (BR R"DYmtI IM ODYEXP
IYYYYI LIMITS
GENERAL LIABILITY EACH OCCURRENCE 51.500.000
DAMAGE TOREENTED
X COMM"cRCALGENERAL UAB LITY PREMISESIEae aide's} $����
CLAIMS-MADE E OCCUR Correct Correct MED EXP{Anyanepersc,) �S t
date P*UISONALSADV NJJRY S
date GENERAL AGGREGATE 52,000,000
SEN'LAGGREGATE WAITAPPLIESPER: PRODUCTS-COMPIOP AGO S2,000,000
—7POL:CYIXlT [Loc S
AUTOMOBILE WORRY COMBINEDtSINGLE UAtIT r 1,ODU,UUU
X ANY AUTO Correct BODILY INJURY(Per pew') S
X --p- aa
ALL OWNED /� SCHEDULED BODILY INJURY(Per eiem) $
AUTOS —AUTOS NON-OWNED date date 'PROPERTY DAMAGE S
X HIRED AUTOS _X_AUTOS (Per acndent)
3
X UMBRELLA LAB _OCCUR Correct Correct EACH OCCURRENCE $1,000,000
EXCESS UM CLAIMS-MADE date date AGGREGATE S
DED RETENTIONS S
WORKERS COMPENSATION , WC STAT/- O`:H-
ANOEMPLOYERS'LIABILITY YIN Correct Correct TORY OATS FR
ANY IPROPRIICERMEMBOEREXRCTNERI ECUTNE N!A date date E.LEACH ACCOENT f 500,000
OfF(Mandatary in NH) — E.L.DISEASE-EA EMPLOYEES 500,000
R yes.describe underEL DISEASE•POLY OMIT S 500,000
DESCR.PTION OF OPERATIONS nem
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,dam space is required)
The City of Prior Lake is an additional insured on the policy.
The City of Prior Lake will receive 30 days notice of termination or cancellation of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Prior Lake THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED Ia
4646 Dakota Street SE ACCORDANCE WITH THE POLICY PROVISIONS.
Prior Lake,MN 55372 AUTHORIZED REPRESENTATIVE
I
11988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2011/05) I out The ACORD name and logo are registered marks of ACORD JMK
#S1204871M120486
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
NO OVERSIZING FOR PROJECT
Page 33
EXHIBIT E
MARKLEY LAKE WOODS,PRIOR LAKE,MN ENGINEERS ESTIMATE OF CONSTRUCTION COSTS
REV.6/12/14 FOR DEVELOPMENT CONTRACT
TE#03-105 TERRA ENGINEERING INC.
Based on Final Const.Plans for 38 lots dated 3/24/14
(PER CHARD
ITEM ESTIM. ECE PRICES)
NO. DESCRIPTION UNIT QTY. UNIT PRICE AMNT.($)
SANITARY SEWER
(Excl.san.sewer in Eagle Creek Estates construction
costs. Incl.from MH22 to MH22A.)
Al 8"PVC SAN.SEWER(w/bedding)(12-14') LF 366 $18.33 $6,709
A2 4"PVC SDR-26 SERV.(excl.wye and incl.risers) LF 1330 $10.60 $14,098
A3 4"PVC SDR-26 WYE EA 10 $110.53 $1,105
A4 MANHOLE(0-12')(incl.adjustments) EA 1 $2,074.75 $2,075
A5 MANHOLE DEPTH OVER 12' VF 5 $104.12 $521
A6 ADJUSTMENTS OF EX.SAN.MANHOLES EA 10 $300.00 $3,000
TOTAL SANITARY SEWER $27,507
WATERMAIN
B1 6"DIP WATERMAIN(CI.52) LF 80 $35.08 $2,806
B2 8"DIP WATERMAIN(Cl.52) LF 2250 $34.40 $77,400
B3 8"X 8"DIP TEE EA 2 $431.97 $864
B4 8"X 6"DIP TEE HYD EA 5 $399.88 $1,999
B5 8"X 6"DIP REDUCER EA 1 $197.91 $198
B6 8"DIP BEND EA 9 $308.15 $2,773
B7 1"COPPER SERVICE(excl.corp and stop) LF 1570 $14.11 $22,153
B8 1"SERVICE CORP.&CURB STOP EA 38 $221.45 $8,415
B9 HYDRANT W/6"GATE VALVE&BOX EA 5 $4,228.56 $21,143
B10 8"GATE VALVE&BOX(incl.adjustments) EA 5 $1,891.31 $9,457
TOTAL WATERMAIN $147,208
STORM SEWER
(Excl.pond outfall storm sewer which was
incl.in Eagle Creek Estates const.costs)
Cl 15"RCP(CI.3) LF 436 $21.93 $9,561
C2 18"RCP(CI.4) LF 464 $24.57 $11,400
C3 24"RCP(Cl.4) LF 585 $27.05 $15,824
C4 30"RCP(Cl.3) LF 111 $32.26 $3,581
C5 36"RCP(CI.3) LF 83 $32.26 $2,678
C6 CB MH(2'x3')(0-8')(incl.castings&adjustments) EA 5 $1,374.36 $6,872
C7 CB MH(4'dia.)(0-8')(incl.castings&adjustments) EA 9 $1,840.51 $16,565
C8 CB MH(5'dia.)(0-8')(incl.castings&adjustments) EA 3 $2,651.63 $7,955
C9 CB MR(4'dia.)DEPTH OVER 8' VF 7.7 $136.12 $1,048
C10 CB MH(5'dia.)DEPTH OVER 8' VF 1.1 $185.30 $204
C11 INLET PROTECTION DEVICES IN CB'S EA 17 $150.00 $2,550
C12 4"DRAINTILE WITH SOCK AND FILTER ROCK LF 450 $8.00 $3,600
TOTAL STORM SEWER $81,838
STREETS
D1 2360 BIT.WEAR COURSE 1.5"(next year) SY 6990 $6.00 $41,940
(incl.tack coat)(MnDOT SP 9.5;SPWEA340B)
(plan quantity)
D2 2360 BIT.BASE COURSE(2.5") SY 6990 $6.81 $47,602
(MnDOT SP 12.5;SPNWB330B)
(plan quantity)
D3 CL.5 BASE 100%CRUSHED LIMESTONE(6") SY 8090 $4.12 $33,331
QUARRY OR RECYCLED EQUAL(MnDOT 3138)
(to 6"back of curb)(plan quantity)
D4 GRANULAR BASE BORROW(24") SY 8090 $7.38 $59,704
(to 6"back of curb)(plan quantity)
D5 CONC.CURB&GUTTER LF 4285 $8.90 $38,137
D8 CONC.VALLEY GUTTER LS 2 $3,000.00 $6,000
D9 SOD(w/4"TOPSOIL)(if regd.)(3'wide) SY 1500 $2.35 $3,525
D10 STREET LIGHTS EA 6 $1,000.00 $6,000
D11 STREET SIGNS EA 2 $500.00 $1,000
TOTAL STREETS $237,238
EXHIBIT E
SITE GRADING
(Excl.Markley Lake flood mitigation grading which
was incl.in Eagle Creek Estates const.costs)
El COMMON EXCAVATION(w/1'correction, CY 52,600 $1.40 $73,640
topsoil strip and replacement;site balance)
E2 CLEAR AND GRUB AC 10 $3,200.00 $32,000
E3 TEMP SEED AND MULCH AC 10 $400.00 $4,000
E4 EROSION BLANKET CAT 3(if regd.) SY 1000 $0.99 $990
E5 SILT FENCE(incl.maint.;removal by builder) LF 5500 $1.52 $8,360
E6 ROCK CONSTRUCTION ENTRANCE EA 2 $2,000.00 $4,000
E7 WETLAND BUFFER SIGNAGE LS 1 $1,000.00 $1,000
TOTAL SITE GRADING $123,990
TOTAL ESTIMATED CONSTRUCTION COST $617,782
(UTILITIES,STREETS,SITE GRADING)
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
a. All utilities and roads shall be constructed in conformance with the Public Works Design Manual.
b. Prior to release of the signed final plat mylars,the developer shall pay all fees detailed in the
Development Contract.
c. The Developer shall be responsible for submitting reductions of the Markley Lake Woods Final
Plat to the following scales: 1"=200'; and one reduction at no scale which fits onto an 8 1/2"x
11"sheet of paper.
d. Four mylar sets of the final plat with all required signatures must be submitted.
e. 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 August 22, 2014 will render the
final plat null and void.
Page 36
EXHIBIT "G"
TO
DEVELOPMENT CONTRACT
PERMANENT TRAIL EASEMENT
Peter Knaeble("Grantor")hereby grants and conveys this day of ,2014 to City of Prior
Lake,a municipal corporation organized under the laws of the State of Minnesota("Grantee")an easement
("Easement") for the following uses and purposes and subject to the following terms and conditions on,
over, under and across real property in the County of Scott, State of Minnesota and described in Exhibit
1 and made a part of("Easement Area").
1. Uses and Purposes.
The Easement shall be for the following purposes and uses of the Easement Parcel:
A. To construct, maintain and replace a trail at City expense;
B. For pedestrian travel by the public in or on non-motorized vehicles;
C. For travel by the public in or on motorized vehicles authorized by Grantee;
D. To remove, cut and trim trees, shrubs and vegetation.
2. Nonexclusive.
The Easement shall be nonexclusive;provided,however,this Easement shall be prior to and
superior to any other easement hereinafter granted. Any future easement shall be subject to and
subordinate to, and shall not interfere with,the Easement without the consent, in writing, of
Grantee.
Page 37
3. Duration of Easement.
The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its
successors and assigns and shall be for the benefit of Grantee and its successors and assigns.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
CITY OF PRIOR LAKE,
PETER KNAELBLE a Minnesota municipal corporation
By: By:
It's It's Mayor
By:
It's City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
This instrument was acknowledged before me on , 2014, by
and ,the Mayor and City Manager, respectively, of the
City of Prior Lake, a municipal corporation organized under the laws of the State of Minnesota, on
behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
This instrument was acknowledged before me on , 2014,by Peter Knaeble.
Notary Public
Drafted By:
Richard Rosow
Gregerson,Rosow, Johnson&Nilan, LTD
650 Third Ave. South, Suite 1600
Minneapolis,MN 55402
Page 38
EXHIBIT 1
Permanent Trail Easement
Legal Description
A 20 foot wide Trail Easement described as being part of that part of the East Three Fourths of the
Northwest Quarter of the Southeast Quarter of Section 1, Township 114,Range 22, Scott County,
Minnesota, described as beginning at the northwest corner of said East Three Fourths;thence South 89
degrees 27 minutes 13 seconds East, along the north line said East Three Fourths a distance of 1296.79
feet; thence South 00 degrees 20 minutes 27 seconds West a distance of 427.34 feet; thence North 88
degrees 45 minutes 53 seconds West a distance of 302.87 feet;thence South 01 degrees 14 minutes 07
seconds West a distance of 882.00 feet;thence North 88 degrees 45 minutes 53 seconds West a distance
of 436.15 feet;thence North 01 degrees 14 minutes 09 seconds East a distance of 249.99 feet;thence
South 86 degrees 11 minutes 30 seconds West 549.30 feet to the west line of said East Three Fourths.
Thence northerly to the point of beginning. The centerline of said 20 foot wide trail easement is
described as follows:
Commencing at the northeast corner of said described property; thence South 00 degrees 20
minutes 27 seconds West a distance of 1.93 feet to the point of beginning of the line to be
described;thence South 24 degrees 24 minutes 07 seconds West a distance of 82.16 feet;thence
South 16 degrees 39 minutes 43 seconds West a distance of 62.66 feet;thence deflecting to the
right on a tangential curve having a radius of 50.00 feet, a delta of 14 degrees 00 minutes 39
seconds and a length of 12.23 feet; thence South 30 degrees 40 minutes 22 seconds West a
distance of 20.07 feet; thence deflecting to the right on a tangential curve having a radius of 50.00
feet, a delta of 45 degrees 21 minutes 24 seconds and a length of 39.58 feet; thence South 76
degrees 01 minutes 46 seconds West a distance of 140.98 feet; thence deflecting to the left on a
tangential curve having a radius of 50.00 feet, a delta of 16 degrees, 17 minutes 04 seconds and a
length of 14.21 feet;thence South 59 degrees 44 minutes 42 seconds West a distance of 72.24 feet;
thence South 60 degrees 28 minutes 37 seconds West a distance of 90.63 feet;thence South 62
degrees 28 minutes 54 seconds West a distance of 70.64 feet;thence deflecting to the right on a
tangential curve having a radius of 50.00 feet, a delta of 8 degrees 01 minutes 28 seconds and a
length of 7.00 feet;thence South 70 degrees 30 minutes 23 seconds West a distance of 51.35 feet;
thence deflecting to the left on a tangential curve having a radius of 50.00 feet, a delta of 19
degrees 57 minutes 56 seconds and a length of 17.42 feet;thence South 50 degrees 32 minutes 27
seconds West a distance of 99.39 feet; thence deflecting to the left on a tangential curve having a
radius of 50.00 feet, a delta of 12 degrees 26 minutes 55 seconds and a length of 10.86 feet; thence
South 38 degrees 05 minutes 32 seconds West a distance of 96.93 feet; thence deflecting to the
right on a tangential curve having a radius of 50.00 feet, a delta of 38 degrees 22 minutes 43
seconds and a length of 33.49 feet; thence South 76 degrees 28 minutes 15 seconds West a
distance of 52.22 feet; thence deflecting to the right on a tangential curve having a radius of 50.00
feet, a delta of 6 degrees 04 minutes 26 seconds and a length of 5.30 feet; thence South 82 degrees
32 minutes 41 seconds West a distance of 24.13 feet;thence deflecting to the right on a tangential
curve having a radius of 50.00 feet, a delta of 18 degrees 40 minutes 06 seconds and a length of
16.29 feet; thence South 63 degrees 52 minutes 35 seconds West a distance of 98.62 feet; thence
deflecting to the right on a tangential curve having a radius of 50.00 feet, a delta of 7 degrees 44
minutes 56 seconds and a length of 6.76 feet; thence South 71 degrees 37 minutes 30 seconds
West a distance of 67.44 feet;thence South 17 degrees 21 minutes 07 seconds East a distance of
8.64 feet;thence South 19 degrees 39 minutes 37 seconds West a distance of 61.12 feet, said point
Page 39
being Point A for Trail Easement#2. Thence North 83 degrees 31 minutes 55 seconds East a
distance of 21.97 feet; thence deflecting to the right on a tangential curve having a radius of 50.00
feet, a delta of 53 degrees 34 minutes 07 seconds and a length of 46.75 feet;thence South 42
degrees 53 minutes 58 seconds East a distance of 51.49 feet; thence deflecting to the right on a
tangential curve having a radius of 50.00 feet, a delta of 9 degrees 54 minutes 40 seconds and a
length of 8.65 feet;thence South 32 degrees 59 minutes 18 seconds East a distance of 21.79 feet;
thence South 25 degrees 09 minutes 08 seconds East a distance of 23.59 feet;thence South 32
degrees 54 minutes 43 seconds East a distance of 85.38 feet;thence deflecting to the right on a
tangential curve having a radius of 50.00 feet, a delta of 21 degrees 49 minutes 09 seconds and a
length of 19.04 feet;thence South 11 degrees 05 minutes 34 seconds East a distance of 59.78 feet;
thence deflecting to the right on a tangential curve having a radius of 50.00 feet, a delta 21 degrees
35 minutes 32 seconds and a length of 18.84 feet; thence South 10 degrees 29 minutes 58 seconds
West a distance of 66.55 feet;thence deflecting to the left on a tangential curve having a radius of
15.00 feet, a delta of 75 degrees 44 minutes 32 seconds and a length of 19.83 feet;thence South 65
degrees 14 minutes 33 seconds East a distance of 19.45 feet;thence deflecting to the right on a
tangential curve having a radius of 50.00 feet, a delta of 17 degrees 46 minutes 56 seconds and a
length of 15.52 feet; thence South 47 degrees 27 minutes 38 seconds East a distance of 26.42 feet;
thence deflecting to the left on a radius of 50.00 feet, a delta of 39 degrees 08 minutes 30 seconds
and a length of 34.16 feet;thence South 86 degrees 36 minutes 08 seconds East a distance of
64.33 feet;thence deflecting to the left on a tangential curve having a radius of 50.00 feet, a delta
of 22 degrees 16 minutes 34 seconds and a length of 19.44 feet;thence North 71 degrees 07
minutes 18 seconds East a distance of 34.32 feet;thence deflecting to the left on a tangential curve
having a radius of 50.00 feet, a delta of 22 degrees 02 minutes 15 seconds and a length of 19.23
feet;thence North 49 degrees 05 minutes 03 seconds East a distance of 102.22 feet;thence North
43 degrees 33 minutes 03 seconds East a distance of 77.13 feet; thence North 46 degrees 15
minutes 37 seconds East a distance of 96.80 feet;thence North 37 degrees 56 minutes 41 seconds
East a distance of 69.10 feet;thence North 23 degrees 59 minutes 40 seconds East a distance of
21.59 feet to the east line of said described property and there terminating.
20 foot wide Trail Easement No. 2
Beginning at Point A; thence South 49 degrees 48 minutes 38 seconds West a distance of 139.68 feet
and there terminating.
Page 40
EXHIBIT "H"
TO
DEVELOPMENT CONTRACT
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION Peter Knaeble(the"Grantor")hereby conveys and warrants to the
City of Prior Lake,Minnesota,a municipal corporation organized under the laws of the State of Minnesota
(the "City") and its contractor, a temporary easement for trail construction purposes over, under, and
across the following described area:
A 10 foot wide Temporary Construction Easement described as being part of that part of the East Three
Fourths of the Northwest Quarter of the Southeast Quarter of Section 1,Township 114,Range 22, Scott
County,Minnesota, described as beginning at the northwest corner of said East Three Fourths;thence
South 89 degrees 27 minutes 13 seconds East, along the north line said East Three Fourths a distance of
1296.79 feet;thence South 00 degrees 20 minutes 27 seconds West a distance of 427.34 feet;thence
North 88 degrees 45 minutes 53 seconds West a distance of 302.87 feet;thence South 01 degrees 14
minutes 07 seconds West a distance of 882.00 feet;thence North 88 degrees 45 minutes 53 seconds
West a distance of 436.15 feet;thence North 01 degrees 14 minutes 09 seconds East a distance of
249.99 feet;thence South 86 degrees 11 minutes 30 seconds West 549.30 feet to the west line of said
East Three Fourths. The right line of said temporary easement is 20 feet right of a described line and the
left line of said temporary easement is 10 feet right of a described line. Said described line is described
as follows:
Commencing at the northeast corner of said described property;thence South 00 degrees 20
minutes 27 seconds West a distance of 1.93 feet to the point of beginning of the line to be
described;thence South 24 degrees 24 minutes 07 seconds West a distance of 82.16 feet;thence
South 16 degrees 39 minutes 43 seconds West a distance of 62.66 feet;thence deflecting to the
right on a tangential curve having a radius of 50.00 feet,a delta of 14 degrees 00 minutes 39
seconds and a length of 12.23 feet;thence South 30 degrees 40 minutes 22 seconds West a
distance of 20.07 feet;thence deflecting to the right on a tangential curve having a radius of 50.00
feet,a delta of 45 degrees 21 minutes 24 seconds and a length of 39.58 feet;thence South 76
degrees 01 minutes 46 seconds West a distance of 140.98 feet;thence deflecting to the left on a
tangential curve having a radius of 50.00 feet,a delta of 16 degrees, 17 minutes 04 seconds and a
length of 14.21 feet;thence South 59 degrees 44 minutes 42 seconds West a distance of 72.24
feet;thence South 60 degrees 28 minutes 37 seconds West a distance of 90.63 feet;thence South
62 degrees 28 minutes 54 seconds West a distance of 70.64 feet;thence deflecting to the right on
a tangential curve having a radius of 50.00 feet, a delta of 8 degrees 01 minutes 28 seconds and a
length of 7.00 feet;thence South 70 degrees 30 minutes 23 seconds West a distance of 51.35
feet;thence deflecting to the left on a tangential curve having a radius of 50.00 feet,a delta of 19
degrees 57 minutes 56 seconds and a length of 17.42 feet;thence South 50 degrees 32 minutes
27 seconds West a distance of 99.39 feet;thence deflecting to the left on a tangential curve
having a radius of 50.00 feet, a delta of 12 degrees 26 minutes 55 seconds and a length of 10.86
feet;thence South 38 degrees 05 minutes 32 seconds West a distance of 96.93 feet;thence
deflecting to the right on a tangential curve having a radius of 50.00 feet,a delta of 38 degrees 22
minutes 43 seconds and a length of 33.49 feet;thence South 76 degrees 28 minutes 15 seconds
West a distance of 52.22 feet;thence deflecting to the right on a tangential curve having a radius
of 50.00 feet,a delta of 6 degrees 04 minutes 26 seconds and a length of 5.30 feet;thence South
82 degrees 32 minutes 41 seconds West a distance of 24.13 feet;thence deflecting to the right on
a tangential curve having a radius of 50.00 feet,a delta of 18 degrees 40 minutes 06 seconds and
Page 41
a length of 16.29 feet;thence South 63 degrees 52 minutes 35 seconds West a distance of 98.62
feet;thence deflecting to the right on a tangential curve having a radius of 50.00 feet,a delta of 7
degrees 44 minutes 56 seconds and a length of 6.76 feet;thence South 71 degrees 37 minutes 30
seconds West a distance of 67.44 feet;thence South 17 degrees 21 minutes 07 seconds East a
distance of 8.64 feet;thence South 19 degrees 39 minutes 37 seconds West a distance of 61.12
feet. Thence North 83 degrees 31 minutes 55 seconds East a distance of 21.97 feet;thence
deflecting to the right on a tangential curve having a radius of 50.00 feet, a delta of 53 degrees 34
minutes 07 seconds and a length of 46.75 feet;thence South 42 degrees 53 minutes 58 seconds
East a distance of 51.49 feet;thence deflecting to the right on a tangential curve having a radius
of 50.00 feet,a delta of 9 degrees 54 minutes 40 seconds and a length of 8.65 feet;thence South
32 degrees 59 minutes 18 seconds East a distance of 21.79 feet;thence South 25 degrees 09
minutes 08 seconds East a distance of 23.59 feet;thence South 32 degrees 54 minutes 43 seconds
East a distance of 85.38 feet;thence deflecting to the right on a tangential curve having a radius
of 50.00 feet,a delta of 21 degrees 49 minutes 09 seconds and a length of 19.04 feet;thence
South 11 degrees 05 minutes 34 seconds East a distance of 59.78 feet;thence deflecting to the
right on a tangential curve having a radius of 50.00 feet, a delta 21 degrees 35 minutes 32 seconds
and a length of 18.84 feet;thence South 10 degrees 29 minutes 58 seconds West a distance of
66.55 feet;thence deflecting to the left on a tangential curve having a radius of 15.00 feet, a delta
of 75 degrees 44 minutes 32 seconds and a length of 19.83 feet;thence South 65 degrees 14
minutes 33 seconds East a distance of 19.45 feet;thence deflecting to the right on a tangential
curve having a radius of 50.00 feet, a delta of 17 degrees 46 minutes 56 seconds and a length of
15.52 feet;thence South 47 degrees 27 minutes 38 seconds East a distance of 26.42 feet;thence
deflecting to the left on a radius of 50.00 feet,a delta of 39 degrees 08 minutes 30 seconds and a
length of 34.16 feet;thence South 86 degrees 36 minutes 08 seconds East a distance of 64.33
feet;thence deflecting to the left on a tangential curve having a radius of 50.00 feet, a delta of 22
degrees 16 minutes 34 seconds and a length of 19.44 feet;thence North 71 degrees 07 minutes
18 seconds East a distance of 34.32 feet;thence deflecting to the left on a tangential curve having
a radius of 50.00 feet,a delta of 22 degrees 02 minutes 15 seconds and a length of 19.23 feet;
thence North 49 degrees 05 minutes 03 seconds East a distance of 102.22 feet;thence North 43
degrees 33 minutes 03 seconds East a distance of 77.13 feet;thence North 46 degrees 15 minutes
37 seconds East a distance of 96.80 feet;thence North 37 degrees 56 minutes 41 seconds East a
distance of 69.10 feet;thence North 23 degrees 59 minutes 40 seconds East a distance of 21.59
feet to the east line of said described property and there terminating.
The City at its sole cost will restore the Property to a condition equal to the condition of the Property prior
to commencement of construction.
This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties
hereto.
THIS TEMPORARY CONSTRUCTION EASEMENT SHALL EXPIRE UPON COMPLETION OF
CONSTRUCITON OF THE TRAIL AS EVIDENCED BY A CERTIFICATE SIGNED BY THE CITY
ENGINEER DELIVERED TO GRANTOR.
Page 42
DATED:
CITY OF PRIOR LAKE,
PETER KNAELBLE a Minnesota municipal corporation
By: By:
It's It's Mayor
By:
It's City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
This instrument was acknowledged before me on , 2014, by
and ,the Mayor and City Manager, respectively, of the
City of Prior Lake, a municipal corporation organized under the laws of the State of Minnesota, on
behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
This instrument was acknowledged before me on , 2014, by Peter Knaeble.
Notary Public
Drafted By:
Richard Rosow
Gregerson, Rosow, Johnson&Nilan, LTD
650 Third Ave. South, Suite 1600
Minneapolis,MN 55402
Page 43
Kelly Meyer
51 - Mark( y Lkc Woods
From: Jeff Matzke
Sent: Friday,June 20,2014 9:35 AM
To: Frank Boyles;Kelly Meyer;Ric Rosow(rrosow@grjn.com)
Cc: Larry Poppler;Dan Rogness;Katy Gehler
Subject: FW:Markley Lake Woods-June 23rd City Council
Everyone,
The email below was received from Peter Knaeble and KRB in the past 24 hours. They would like to City Council to remove the
item from the agenda again for the new reason listed below in their emails.
I did inform them that no only should they provide a written request with explanation but also Knaeble/KRB should have
someone present at the City Council meeting in case the City Council has questions or commentary for them.
Frank/Kelly, could you inform the City Council of the requests below? We can discuss this more on Monday with Frank.
Jeff Matzke
Planner
Community & Economic Development Dept.
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
phone (952)447-9814
fax(952)447-4245
Email imatzke(c�cityofpriorlake.com
Think Green.` Please don't print this e-mail unless you really need to.Thank you.
From: Peter Knaeble [mailto:peterknaeble@gmail.com]
Sent: Friday,June 20, 2014 9:19 AM
To:Jeff Matzke
Subject: RE: Markley Lake Woods-June 23rd City Council
Jeff,
We are requesting to remove the Markley Lake Woods project from the City Council agenda on Monday June 23rd. We are
working with KRB Development on the sale of the property and they have requested that their attorney review the proposed
Development Contract prior to formal action by the City Council.
We understand the City's interest in moving this project forward, as are we. We are looking forward to beginning construction
on the site.
Peter Knaeble
6001 Glenwood Ave.
Golden Valley, MN 55422
612-309-9215 (cell)
763-512-0717 (fax)
PeterKnaeblegmail.com
From:Sarah Downey [mailto:sarah@ryanrealestate.com]
Sent:Thursday,June 19, 2014 1:34 PM
To:Jeff Matzke
Subject: RE: Markley Lake Woods-June 23rd City Council
1
Jeff—
Per our conversation,we have recently come to final terms on the purchase of the Markley Lake property this week. Due to
the fact that we will be closing the property in July we would like to have our attorney review the Development Contract
Agreement and other documents prior to final plat approval.
We are unable to attend the council meeting on June 23rd. Please remove Markley Lake plat approval from the agenda. We
are sorry if this has inconvenienced anyone.
Sincerely,
William E Ryan
KRB II, LLC
From: Paula Vollertsen
Sent:Thursday,June 19, 2014 1:33 PM
To:Sarah Downey
Subject: FW: Markley Lake Woods-June 23rd City Council
Importance: High
powict,vouertse,yv
Ryan Real Estate—Topaz
14750 Cedar Ave. South Suite 100
Apple Valley, MN 55124
paula@ryanrealestate.com
office 952.953.4000
fax 952.953.6699
From:Jeff Matzke [mailto:jmatzke@cityofpriorlake.com]
Sent:Wednesday,June 18, 2014 3:22 PM
To: Paula Vollertsen; Peter Knaeble (peterknaeble@gmail.com)
Subject: Markley Lake Woods-June 23rd City Council
Importance: High
Pete &Bill,
The Markley Lake Woods Final Plat report item has been processed already with the agenda for the June 23rd City Council
Meeting. The City Council will need to decide whether to formally remove the item from the agenda on Monday night. In
addition to sending your request to the City Council to remove the item from the agenda with explanation and plan for the
future, please have a representative (or 2)available on Monday night to answer any questions the City Council may have or at
least hear any commentary to the item from the City Council.
Again, please send your request to remove the item from the City Council with explanation ASAP.
Jeff Matzke
Planner
Community& Economic Development Dept.
City of Prior Lake
2
4646 Dakota Street SE
Prior Lake, MN 55372
phone (952)447-9814
fax(952)447-4245
Email jmatzkeCa citvofpriorlake.com
Think Green.A Please don't print this e-mail unless you really need to.Thank you.
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