HomeMy WebLinkAbout5B - Wilds North 4th Addition
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
JANUARY 3, 2005
58
DANETTE MOORE, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A FINAL PLAT
AND AUTHORIZING EXECUTION OF THE STANDARDIZED DEVELOPMENT
CONTRACT FOR THE PLAT KNOWN AS THE WILDS NORTH 4th ADDITION
AGENDA ITEM:
DISCUSSION:
Historv: On December 16, 2002, the City Council approved a final plat for the
first phase of The Wilds North, which included single family lots and outlots for
future development and parkland.
The Wilds North 4th Addition Final Plat is proposed as the following:
. Lot 1, Block 1 to provide a C-2 (Community Business) site. Lot 1, Block
1 will be the future site of a Kwik Trip automotive fuel station.
. Outlot A for future commercial use.
Current Circumstances: The principal requirements for final plat approval
include a signed Development Contract and the satisfactory completion of all
preliminary plat conditions.
Staff has reviewed the final plat and finds it to be in substantial compliance with
the approved preliminary plat.
The Issues: The attached "Development Contract" specifies the fees that will be
due for this plat. You will note that the attached development contract is titled
"Short Form" Development Contract. Staff worked with the City Attorney to
develop an abbreviated development contract. The "Short Form" Development
Contract will be utilized in three specific instances: 1) an Outlot is the subject of
the Final Plat, 2) no new public improvements are part of the platting of the
Outlot; and 3) development fees and other special provisions apply to the Final
Plat of the Outlot.
Conclusion: A copy of the Development Contract for The Wilds North 4th
Addition is 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 road improvements and utilities for the site were completed as part of the
construction for The Wilds North development. For that reason, an abbreviated
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Phone 952.447.4230 / Fax 952.447.4245
developer's contract was utilized. We expect to receive the signed original copies
prior to the City Council meeting.
FISCAL IMPACT:
Budaet ImDact: Approval of this final plat will allow construction of a new
business establishment, which will contribute to the City's tax base.
AL TERNA liVES:
The City Council has three alternatives:
1. Adopt a resolution approving the final plat and Development Contract for The
Wilds North 4th Addition.
2. Deny the resolution approving the Final Plat for The Wilds North 4th Addition.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
The staff recommends Alternative #1. This requires the passage of the following
motion:
1. A motion and second to adopt a resolution approving the final plat and
Development Contract ~ The Wilds North 4th Addition and authorizing the
Mayor and City Manag to sign the Development Contract.
(
REVIEWED BY:
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16200 Eagle Creek Avenue ~~~OLUTION os-xx
Prior Lake, MN 55372-1714
MOTION BY:
SECOND BY:
WHEREAS:
on June 17, 2002, the City Council approved the preliminary plat known as The Wilds North,
subject to conditions identified by Resolution 02-101; and
WHEREAS:
The City Council has found that the final plat of "The Wilds North 4th Addition" is in substantial
compliance with the approved preliminary plat for The Wilds North; and
WHEREAS:
The City Council has approved the final plat of "The Wilds North 4th Addition".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA, that it should and hereby does require the following conditions to be met, prior to release of, and
recording of said plat:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The final plat of "The Wilds North 4th Addition" is approved subject to the conditions set forth in this resolution.
3. The final plat of "The Wilds North 4th Addition" is subject to the following conditions, which shall be met prior to
release of and recording of the final plat:
a. A current title opinion or commitment of title insurance must be submitted in a form acceptable to the City
Attorney.
b. Payment of all fees prior to release of the final plat mylars.
c. Reductions of the entire final plat be submitted, to the following scales: I" = 200'; and one reduction at no scale
which fits onto an 81/2" x 11" sheet of paper.
d. Four mylar sets of the final plat with all required signatures must be submitted.
e. The developer must provide financial security, in a form acceptable to the City Engineer prior to release of the
final plat mylars.
f. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final
plat approval. Failure to record the documents by April 3, 2003, 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 3rd day of January, 2005.
YES NO
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
Vacant Vacant
Frank Boyles, City Manager
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Phone 952.447.4230 / Fax 952.447.4245
SHORT FORM
DEVELOPMENT CONTRACT
THE WILDS NORTH 4th ADDITION
PROJECT #04-134
This SHORT FORM DEVELOPMENT CONTRACT is entered into this 3rd day of January,
2005, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and
Shamrock Development, Inc., a Minnesota corporation (the "Developer").
(1) WHEREAS, the City Council has adopted a Standard Development Contract which is
required to be exceeded as a condition of Final Plat approval; and
(2) WHEREAS, the Standardized Development Contract pertains to all land within the Final
Plat; and
(3) WHEREAS, as part of a Final Plat approval, a developer may plat certain land as an Outlot;
and
(4) WHEREAS, development fees are not collected on Outlots until such time as a Final Plat is
approved for the Outlot; and
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(5) WHEREAS, the City desires to provide for an abbreviated form of its Standard
Development Contract, heretofore referred to as "Short Form Development Contract", which will be used
in three limited situations, to wit: (1) an Outlot is the subject of a Final Plat, (2) no new public
improvements are part of the platting of the Outlot; and (3) development fees and other special provisions
apply to the Final Plat of the Outlot.
Based on the mutual promises and covenants set forth herein, the sufficiency of which is not
disputed, the City and the Developer (collectively "Parties") agree as follows:
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for The Wilds North 4thnd Addition (referred to in this Development Contract as the "Plat"). The land is
legally described as:
Outlot B, THE WILDS NORTH 2nd Addition, according to the recorded plat thereof, Scott County,
Minnesota.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, and record the Plat and Development Contract
with the County Recorder or Registrar of Titles within 90 days after the City Council approves the final
Plat.
3. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The plans shall not be attached to this Development Contract, but are incorporated by
reference and made a part of this Development Contract as if fully set forth herein. If the plan varies from
the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plan includes:
Plan A --
Final Plat Dated October 15,2004 (Prepared by Pioneer Engineering)
Plan B --
Erosion Control Plan Dated May 9, 2003 (Prepared by Pioneer Engineering)
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The plans set forth above is incorporated herein and made part of this Development Contract.
4. 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.
5.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first. At the end of the one (1) year period 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.
6. 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.
7. 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,
at no cost to the City, additional erosion control requirements 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.
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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, no development, utility or street construction will be allowed until the Plat is in full compliance
with the erosion control requirements. Further, no building permits will be issued if the plat fails to
conform to the approved erosion control plan or if any costs remain unpaid beyond the three allowed
under this paragraph. The notice provisions set out in Paragraph 15 shall not apply to notifications to the
Developer under this paragraph.
8. 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 issue a stop work order on all development utility and street construction within
the Plat and no further building permits will be issued until all costs are paid. The notice provisions set out
in Paragraph 15 shall not apply to notifications to the Developer under this paragraph.
9. STORM WATER MANAGEMENT FEE. The Developer shall pay a storm water
management fee of $20,286.00 prior to the City signing the final Plat. The amount was calculated as
follows: 3.33 acres x $6,092.00 per acre. This calculation was determined by the Trunk Storm Sewer Fee
Determination Study adopted by City Council Resolution #01-03 on January 8,2001.
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10. SANITARY SEWER TRUNK AREA CHARGES. A sanitary sewer trunk area charge of
$16,360.00 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: 3.33 acres x $4,913 per acre.
11. WATERMAIN TRUNK AREA CHARGES. A watermain trunk area charge of$ 7,383.00
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: 3.33 acres x $2,217 per acre.
12. CITY-WIDE COLLECTOR STREET CONSTRUCTION CHARGE. This Development
Contract requires the Developer to pay a City-wide Collector Street Construction Charge of $ 4,995.00 for
collector street improvements prior to the City signing the final Plat. The amount was calculated as
follows: 3.33 acres x $1,500 per acre.
13. CITY DEVELOPMENT FEES. The total amount for Development Fees as set forth in
Paragraphs 9, 10, 11 and 12 above is $49,024.00 for City Development Fees. The Developer shall pay this
amount to the City prior to the City signing the Final Plat. The amount of the cash fee was calculated as
follows:
CITY DEVELOPMENT FEES:
Storm Water Management Fee
$ 20,286.00
Sanitary Sewer Trunk Area Charges
$ 16,360.00
Watermain Trunk Area Charges
$ 7,383.00
City- Wide Collector Street Construction Charge
$ 4,995.00
TOTAL CITY DEVELOPMENT FEES
$ 49,024.00
14. 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.
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B. Pursuant to Paragraphs 7 and 8 of this Development Contract, the Developer shall
pay in full all bills submitted to it by the City for obligations incurred under this Development Contract
within thirty (30) days after receipt. If the bills are not paid on time, the City may issue a stop work order
until the bills are paid in full. In the event the Developer fails to reimburse the City, the City will not issue
any further building permits.
15. NOTICES. Required Notices to the Developer regarding Paragraphs 7 an 8 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: Shamrock Development, Inc., 3200 Main Street
NW, Suite 300, Coon Rapids, Minnesota, 55448. 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 & Johnson, 600 US Bank Plaza
South, 220 South Sixth Street, Minneapolis, Minnesota, 55402-4501.
16. 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.
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17. 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 16 shall apply to said actions.
18. 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 ninety (90) 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.
19. 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, as shown in Exhibit B to this Contract.
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.
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.
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._". '...." "1""""'"'''''' ....
20. 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.
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.
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,~-----_..--,_._---.. '.----,--. ~_. i
F. Jurisdicition. This Development Contract shall be governed by the laws of the
State of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, 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 , 20_,
by Jack G. Haugen, 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
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STATE OF MINNESOTA )
( ss.
COUNTY OF )
by
The foregoing instrument was acknowledged before me this
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
day of
NOTARY PUBLIC
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, 20_,
Page 1 0
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 subj ect property owned by them.
Dated this _ day of
,20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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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
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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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:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
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EXHIBIT "B"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides development fees, acceptable to the City Engineer prior to release of the
final plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by April 3, 2005, will render the final
plat null and void.
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