HomeMy WebLinkAbout9C Markley Woods Final Plat PRIO600*
"1 4646 Dakota Street SE
,{,,NNPrior Lake, MN 55372
`` ESOlP
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 22, 2015
AGENDA#: 9C
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTION APPROVING THE MARKLEY
LAKE WOODS FINAL PLAT AND THE DEVELOPMENT CONTRACT
DISCUSSION: Introduction
KRB Development II, LLC (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. In the summer of 2014 the ownership of the development
changed from Peter Knaeble to KRB Development LLC.
Most final plats are placed on the consent agenda assuming they meet the
prerequisite requirements for approval. This item is placed under new business
at the developer's request as it is important to them that Markley Lake Woods
and Eagle Creek Commercial /Commercial 2nd be approved in tandem.
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. City park dedication funds received through this plat will be
used toward the construction of the 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 to approve a resolution approving the Markley Lake
Woods Final Plat and Development Contract.
2. Motion and a second to table action and direct staff to provide additional
information.
3. 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
RI°4%
4646 Dakota Street SE
'fihrivEso* Prior Lake, MN 55372
RESOLUTION 15-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, KRB Development II, LLC (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.
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 21st, 2015, 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 22TH DAY OF JUNE, 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ D ❑ ❑ ❑
Nay ❑ ❑ D ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
DEVELOPMENT CONTRACT
MARKLEY LAKE WOODS
PROJECT#13-103
This DEVELOPMENT CONTRACT is entered into this 22`'day of June,2015,by and between
the CITY OF PRIOR LAKE,a Minnesota municipal corporation("City"),and KRB Development II LLC,
a Minnesota Limited Liability Company,("Developer")and its 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 OF PLAT APPROVAL. 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.
Page 1
3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities,public or private improvements, or any buildings until all
the following conditions have been satisfied: 1)this 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. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this 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. DEVELOPMENT 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
Page 2
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 May 26,2015 (Prepared by Brandt Engineering
& Surveying, LLC)
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 May 26, 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
L 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
Page 3
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits 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.
Page 4
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including,but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (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. 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
Page 5
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.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by December 31, 2016, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed by July 3e, 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
Page 6
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,
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,
Page 7
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.
16. GRADING PLAN.
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.
Page 8
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
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
Page 9
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.
D. The Developer shall file a declaration against Lot 22,Block 4 requiring the owners of
said lots to maintain Outlot C. The Developer shall file a declaration against Lot 1, Block 3 requiring the
owners of said lots to maintain Outlot B. The declaration shall be submitted to the City Attorney for approval
prior to recording.
E. The City of Prior Lake has sanitary sewer capacity limitations in this region of the
City. The City of Prior Lake is planning for the completion of system improvements in the summer of 2015.
The contract for these system improvements have now been awarded by the City to a Contractor for the
system improvement.The City will hereby issue the builders in the Plat 30%of the building permits(11 lots)
for construction of homes. Once the system improvements are installed all permits shall then become
available.
21. CITYADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to,preparation of the Development Contract,consultation with Developer and its
engineer on the status of or problems regarding the 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. A previous applicant had escrowed $4,568.00 for City Administrative Review. The remaining
City Administration Fee shall be $32,005.00. This fee was calculated as four percent(4%)of the estimated
Page 10
construction cost less the previously established$4,568.00 escrow fund. Costs incurred by the City over and
above the four percent(4%)Administration fee shall be billed to the Developer.
22. REIMBURSEMENT 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
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.
Page 11
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
in satisfaction of its remaining park dedication requirements tender to the City cash in the amount of
$45,173.00. 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 39 total units equals
12.363 units. The amount of the fee shall be based on the following calculation: 12.363 units X $3,750.00
Page 12
equals $46,361.00. 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 (Single-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,
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
Page 13
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 ofthis 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$1,142,905.00. The amount of the Security was
calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $ 43,267.00
Watermain $ 183,597.00
Storm Sewer $ 119,248.00
Streets $ 354,549.00
Grading $ 213,663.00
Tree Replacement $ 0.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $ 914,324.00
X 1.25
Page 14
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 1,142,905.00
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$407,445.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee(4%)($10,000 previously paid) $ 32,005.00
City Construction Observation(5%) $ 45,716.00
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) $ 46,361.00
TOTAL CITY DEVELOPMENT FEES $ 407,445.00
Page 15
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.
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.
Page 16
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
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
Page 17
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
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;
Page 18
(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.
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.
Page 19
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
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:
14750 Cedar Avenue South, Suite 100,Apple Valley,MN 55124. 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,
Page 20
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
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
Page 21
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 31st 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.
46. SPECIAL.PROVISION . 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.
Page 22
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.
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
Page 23
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 24
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 , 2015, 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 25
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 subs, t property owned by them.
Dated this day of ,20 .
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged • .4 ore me this day of ,20 ,
by
NOTARY PUBLI
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 55372
Page 26
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
,which holds a •rtgage on the
subject propert 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' • sefore me this day of
20 , by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 5537
Page 27
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-aged b, ore me this day of
20 , by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake,Minnesota 5 . 2
Page 28
MARKLEY LAKE WOODS
KNOW ML MTTN NT NESE PRESENTS:That KM Dovela►rtwnt N,LLC,a Minnesota Lheled Lla.IMy STATE OF MINNESOTA I hereby certify that I have menthol this plat and do hereby recommend this pleat for approval by the
Ca daq,owner and prepr ,eter,of the foNevcng described property Anted In the Couoty of Scott and COUNTY OF SCOTT City fnwaL
State of Mtenacta,to wit ..
l
M that pert of the East Three-fourths of the sotNwax Chewer of Settee 1,Temwsip M,Range 2; Chief The foregoing Y,rtrament was ad LLC i MFmesota Ihtdted tefore me on the day f— J 2014,by Garydonkey,Chief Manager of KM Dave ablky company on behalf ofCity Attorney,City of Prior Lathe,MFmesata
keg Cound,,Minnesota,doscrbed as felawe Cormwordng at the sauMeast earner of said Section 1; the Compaq.
thence North 01 depots 21 mhtutes!Nee,slang the line between the seethed caner and the SCOTT COUNTY AUDITOR/TREASURER
northeast tomer of said Section 1,a dlatance of 1,251.72 feet;Mance at r elft ages South!degrees Notary►obtk,Scott County,Mhtnesete
39 mimes 0O seconds Nix,a Mems of 1,57573 feet theme South NI degrees 11 ahatos 30 My Commission Eapkes 31 January 2015 I hereby teddy that the Curium and delinquent totes M the lands descrled within are paid and the
month Nest a adores of 01.46 toot to the east Ate of the wast 3000 feet of the Eat Ouse-faotPs 0f transfer is entered this_day of 2014.
the Southeast Quota,the mewl poi of begioting of Oe IoM to be descried;thence Meth N6
degrees 11 abates 30 soeands Eat,a distance of Ufa het Neese Methyl Meth 250.00 felt:thence f Ray M.*snit de hereby certify that this pot was prepared by me or under my direct supervision;that
"0"M"Penn mhwtes 94""""Eat 58000 teat;t1eece bearhtg Souk 250.00 feet Meme Signed -- -- ,deWq
bearing fax estimate of 439.15 feet;thence beating Nash a distance of®2.00 feet;thence be I he a Adv Licensed Land Surveyor M the elate of Mlretesota;that tis plats a cooed on reprexntatbn of SCOTT CDUNf1'SURVEI'ON
East s distance of 302.17 feet more or lea,to a intersection with tie aim the►ouebry epicted that oN wathem bee data and ebeis as cannily iyin one ted tis plat that all
desrid ; massa entre depicted an this pit haw tato.,a wit he cowedly set within one yew;!het at water
Ceneeemleg at the saaOtwost ores Ogled 1,pit of WMTEWOOO 10 ADDITION,Scott County, boundaries and wet lends as deNeed in Minnesota Strides Section 505.01,lobe.3 as of the date d this Punted to Minnesota Statutes,Chapter 3E*.O9,Subd 1,asamended,this plat has been reviewed and
Morose*theme seulsedyabng the sauMedy ethers/on of the west Me rased Mock 1,a distance Of certificate we shown and labeled on this plot;and all public ways are shoran and beefed on this pit approved this—day of 2014.
258.58 feet;theme South M degrees 99 mdnsees 50 seconds West,parallel with the wostorly intension
of the soothed,Nee of said Nod 1,a&stand o 50000 feet to the actual point of Mgleedeg of the Ore Doted this day d ,2014.
to be described;theme North 58 degrees 54 moutes 59 aosnds Wed,parallel with thirtieth floe of
Nock 1,plat of DMITEWOOO 1°P lION,Sca t Cooney,hNrewsoo,a distance of 350.58 feat o Its
Carty Surveyor,Stott County,Minnesota
intersection with the ei eetwerelaned Neil theme canebtubng Moth 00 degrees 54 minutes 59 seconds Document Number
Nest piety with the west kw of said Nod 1,a distaao of 64906 Leet,more as less,to the north the Ray it araedt,Land Surveyor
of said Southend Quater;thence smooth*wog said North Gro,a dinette of 1,29062 Vet,more or Minnesota License No.5140 I hereby certify that this instrument was Wed hr the Mike of the County Recorder for record on this
lex,to the northwest ower rased Eat three-fourth of the Southeast Quarter of said Section 1; STATE OF MINNESOTA day d ,2014,at dcbck_M,and wws duly recorded. Ill
Oemco sadherer,sing the west kw of said Eat Three-Muth of the Southeast Quitter,a distance of COUPITYOF DAKOTA X
1,789.64 feet to the north lee of the now abandoned Chicago hNlemdme and St Paid Reload right of —
way line es new defined by Scott®IN*Recorder's 0061111110M Numbs 17E671;thence southeasterly, The*HypingSvteya's wok.*was adnowidgd before me fhb day of_ .2014, County Recorder,Scott County,MinnesotaCO
Dore said North rid of way kw,a distance of3334 Vet to Ms btorsectinn with the East he of the by Ray M.Mande Land Suvewr,Mines ata Icanea No.8140 "I
west 30.00 feet of saki east Three-100th of the Southeast Quarter;thence northerly Moog said eat
line Nide West 30.00 feet a distance of 45409 feet to the poise of beeMing,acerin*to the United
States Governrnomt Survey std situate in Scott Cordy,Minnesota.
ry
ALSO,WOW A.EAGLE CNa
EK ESTATES,aondo vg the recorded pot Nomy Co
e . Mite,Dakota County,Mlenesat5
My mmbsbn Expires 31 January,2015
Maw caused the same lobe surveyed and platted as MANStEY UAKE WOODS and ds hereby donate and
ddiote to the putt for pubic use Meyer the whit ways and the easements es shown on the pit for PREM LAKE,MINNESOTA
drainage and Why purposes My.
This pot of MAMiEV LAKE WOODS was approved and accepted by the City Council of Prior Labe,
IN WITNESS WMENEOP,said KM Development t,LLC.a Minnesota Limited Liability Company has caused Minnesota,ata regular mewing thereof held this_day of 2014.M
appNcabo,the written
the presents to be signed by its Odd Manage(this_ON of ,2014. co nments and recommendations of the Commissioner of Transportation and the County highway
Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of
KM DEVELOPMENT it;LLC such comments and recommendations,as minded by Minnesota Statues,SeCtbn 505.58,Subdivision
2.
Chief Manager
by Gory*Math
Mega
City Manger
BRANDT ENGINEERING & SURVEYING, LLC
1713 Southcross Drive West, Suite A
Burnsville, MN 55306
(952) 435-1966
Sheet 1 of 3 Sheets
MAR_KLEY LAKE WO 0 DS G. Road No 44
ARO ..L / ROOF-
w ro~ 'FIFTH �""" 1 ARD RID.E FOURTH AD i •°
a5i r / —r� --, ti, 1 all 1 Ird"\ 1 0, ,-,Ls,
,;
„ i I SS
w'• .�,x< — - \ v"' 13 s 5''
NO
`�, :-dr. V` 71 SCALE
11 9^ 7 ' iv' 'Id
2 i
l 1 11 n i� 18` `�'��� SECTION 1 T.11 4 R.ZZ
` `'. i �` 17. � . LOCATION MAP
Nliptilr \
0 *
PI WOOt0.E DM
I
,. defi 22\
MAIID :Y LAE * : : rte-
23 , 10,` I'
//w �` v+a n-a GRAPHIC SCALE
-s ,L,-... ,. v. .. m
24 1 a" u' / / a rer> 2
t I i /; . �bg W
s8
226 , ' �/ D
(' 3 1 „,..../:,/' 1 ” /'/e"�/ ------.71.::::::
, I DRAINAGE AND UTIUTY EASEMENTS ARE SHOWN THUS:
•
-T`��_ Teals ti,Mem. •--, �'-y" Y C/✓ ___
wares„.x —::::::::::::C—
_ 8 iI g . _ t ' 5 77—
$Y 88'_ `_pc
#1;8 ------
BEING
f g s 1 BEING 10 FEET IN WID1H,UNLESS OTHERWISE INDICATED.
AND s z ,ri UNES,,AND N15 FEET NG HIN WIDTH.T OF UNLESS LINES AOTHERWISE
ND REAR LOT
samu.x.4� a INDICATED.AND ADJOINING SIDE LOT LINES.
er ,�
Ez'a"xia.e� ti.`„� W C The north line of the Southeast Quarter has
I - g ian assumed bearing of N 89'27'1Y W.
s r . f? i •Denotes found monument.
r..,,,,Pa,,,,, 8 , i 0 Denotes 1/2 inch by 14 inch monument set
'3 9 988e� g marked with License No. 8140.
J r i No monument symbol shown on the plot indicates
:' Bench Mark: Top nut of hydrant at the. beginning of Markley Lake Drive. �� monumentsbe set according
to to Minnesota
.(
`
r I Elevation-910.74. Statutes, and which shall be in place on or
County State Aid Highway Na. 21 I (N.G.V.D.-1929) before the 31st day of August, 2015.
....
(Eagle Creek Avenue) I
,_p�,��. it I BRANDY ENGINEERING & SURVEYING, LLC
re,,:,.� / \ x � /
� 1713 Southcross Drive West, Suite A
a5,R,� p) SCOTT "' F:"'^' OF WAYPLA 40 l Burnsville, MN 55306
E' "e•5 y�T (952) 435-1966
Sheet 2 of 3 Sheets
—_ ,--(i) 1364.4E MARKLEY
00'x ®a 5 8�9�27'13 E
(I)� &�_ +II SII II nea3 Ian //r �r1"±',C\ xm. -,',. 5r3 .x0.11 '_7 %�
vl $/ 1; ,�, LAKE
yy1 1' I' '' .p 'I r 5 , 4Y <, s,\ A 8 � 11 ' / /'
w F +II 2 KI I$ 3— 1 I$ 4 'J IS•:•„y0. I I: ;/4 7 78 , " p; / • ,,
'y '''' 4, 1 I ^i I ;I I rA I N ,/- ; . 9 . ' S,_ y� ''S'•- a ewei<iT r--1 £3/ �j
Lim. $1kj as ,I, „II II I I;; y_�t_�.m ,•,r . r1. 9�1 80. ;_" ,n.ao .` p WOODS
-I I Bair,. `I' -h ;J, ,f,.;f 1:=e:.iiim• \\ i • tr
^I ' })mT 1 v3t ",I I I I J id...,r:12,5_,,,,:__.,
l ,,,,/..,e.___ .%,. Aa/ ter" A7 'L_rz V /n 1,
1� N="'I ,,,�;J Ii �Jz:3'. 1t.1<.''' T — �ia� r `.S,Y.i •B' ^• 4hf\\ e.0.°t�---`1i $ 'v--3-F 12 \a ;
rs
Abe" 4
x,am'••tea=,ry ' .S 1 ..xxx.3x C CSI e,-�''.io•_ • 9\ iEG V `""*.>.. a.• <•4'i `Qx, ffi
-a_, a a.3xu.w Mount e:-exaw ,l��'n/'1 '7 Ce/ -\v sF:•a'T',,'l.;: \ \�`� 'r'" / //p
.,�1.U..,. 1 •x',v r" O �,e •� ,w �"k\v ro• \� sy-d uo
J;r.HT" 1 �al'I 1/ , 1, d':, eL 6f. } ". 4< S yu°'r� (, , y�-,,-- • �/
g;:d 9.—:r'w-�?yrf.,7,1,4-, ,moo• ia'-I fi ' ,, .ep, 0.,.a, r5 •b\ 40"..,'.40
°a;.> �°gbr^;;,�iw"esu^ x`\�L• 13 wri+° _ � i% d"o of
4' °i I 1".:)‘,„ 1�L h 8 ,a� (G' y� o <'^ `♦ 0. ♦ oA -1___—_-7_-_-_-_-_t---;---
IB L3 III a P >� r 1 y YC\. &b �' Jq°,A D ^.` \��' `.v -slµPy°+
8 i'I 11 �'L 10 j,r U7 i r1 s VQ� i4 > p
r715 „ ..'. PE,
L 12 '°- kl' 7 , 5\4. a% o 0
2 I' _' < 9�' a �a`'. . Y 7.z
"1 II 1111
7.1 ;''8 •.v\'6.b/ •' ,>:
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 numberl and stating"Letter of Credit No._[insert numberl
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 32
EXHIBIT C
Cliantlk 14340 CITED
ACORD. CERTIFICATE OF LIABILITY INSURANCE °"' ISINCON0I11i12013201stVIT`'
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 ISSUWG INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AM)THE CERTIFICATE HOLDER.
MWORTANT:If the certificate holder Is an ADDITIONAL MSH the polcy(ies)must be endorsed.If SUBROGATION IS WANED,subject to
the terms and conditions of the poky,certain policies may require an endorsement.A statement on this cadficate does not confer rights to the
cerdicate holder In lieu of such mss).
PRODUCER DIIWCT
Name of Insurance Company Nen
Address �'tit
ADDRESS:
M$URERts)AFFORDING COVERAGE ANCA
INSURER A:
INSURED INSURER1:
Name of Contractor
INSURER C:
Address INSURER 0:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT TIE POLICES CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOME RISURED NAMED ABOVE FOR TIE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIRBAENT,TERM OR CONDITION CO ANY CONTRACT CR OTHER DOCUMENT WITH RESPECT TO WHICH TOSS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED IEREN IS SUBJECT TO ALL TIE TERAtS,
EXCLUSIONS AND CONDITIONS Cf SUCH POLICIES. LRAITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY FIT POLICY ED
LTR TYPE OP ISURANCE AtIOUIMIINR R pUCY NUMBER arsoorrom NINDWITY11 UNITS
GBERALLMBLBY EACHOCcURROICE :1.500.000
X COYNERCaLLGMERAL LUBLITY p��E TORENTED
°REMIL�,S dis ocarennt $
CLAMS-IMM Q OCCUR Correct I� �^r r»Wm) .
:5000
Correct
date PERSONALS ADV*WRY s
date GENERAL AGGREGATE s2.000.000
GEM AGGREGATELMITAP05
PLESPER. PRODUCTS•C ,OPAGG 32,000,000
Pam( nLOC
AUTONOIaE UMNLITY COMBINED SINGLE LW I T,000.000
X ANY AUTO Correct Correct BODILY RIMY)Prp«sml $
X ALL DINNED SCIEDULED
AUTOS AUTOS date date BOOILYRUURYRPvmavIMs
X HIED AUTOS PROPERTY DAMAGE
HT
,� AUTOS Mir mum)
s
x UMBRELLA UABOCC At Correct Correct EACHOCCURRENCE s 1,000,000
EXCESS UAB CLAMS-MADE
date date " GATE
Dm RETENTION$ S
WORKERS COMPBUATION WC
()N-
AND EMPLOYERS'mawCorrect Correct v TORYTLOTS IFR ,
OFF:CERA/EMBER PROPRETORIPEXCLARTNERIEXER"T"E CIA date date
El.EACH ACCDENT S 500,000
Ydeser. EL.DISEASE-EAEYPLOYEE$ 500,000
ender
<SCRSTgIOFOPERATICMSbabe El DISEASE.P000YLela 3 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS MERCIES BOA AODM rel.Aditioul Revels Sdedsk.imam mace is I,Ra,di
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
City of Prior Lake SHOULD ANY OFTIE ABOVE DESCRIBED POUCESDECANCELLrDBEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELNERED N
4646 Dakota Street SE ACCORDANCE NMI THE POLICY PROVISIONS.
Prior Lake,MN 55372 AUTHORIZED REPRESENTATIVE
C 19811-2010 ACORD CORPORATION.Al rights reserved.
ACORD 25(2010105) 1 N 1 The ACORD name and logo are registered marks of ACORD
Ni51iO4$VU12o4i JMK
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
NO OVERSIZING FOR PROJECT
Page 34
Bid Form 3
CONTRACT
DATE: May 14,2015
PROJ: MARKLEY LAKE
OWNER: KRB DEVELOPMENT II
DESC.: SITE GRADING
LUMP SUM BID ORIGINAL CONTRACT
UNIT
ITEM NO. CONTRACT ITEM UNIT QTY PRICE AMOUNT
COMMON EXCAVATION INCL.ORIGINAL TO FINISH GRADE,HOLD-DOWN
1. (BUILDING PAD,STREET, POND,TEMPORARY STORM BASIN AND TOPSOIL) CY 51,674 $ 1.80 $ 93,013.20
2. CLEARING&GRUBBING,AS NEEDED AC 7.8 $4,000.00 $ 31,200.00
3. TOPSOIL RESPREAD(INCLUDES SHRINKAGE) CY 9,800 $ 1.50 $ 14,700.00
4. REMOVE AND DISPOSE EX TEMP RIP RAP SWALE ON LOT 1 BLOCK 1 LS 1 $2,150.00 $ 2,150.00
$141,063.20
UNIT PRICE BID
1. SUBGRADE CORRECTION(CLEANOUTS IN FILL AREAS) CY 15,000 $ 1.80 $ 27,000.00
2. 1"CLEAR ROCK FOR ROCK ENTRANCE,WEEPER DIKES,ETC. TN 100 $ 30.00 $ 3,000.00
CO
3. SILT FENCE W/MAINTENANCE LF 7,500 $ 1.85 $ 13,875.00
4. SEED&MULCH MNDOT#250(GENERAL SEED MIX) AC 12.0 $ 900.00 $ 10,800.00 m
5. EROSION BLANKET TYPE 3 SY 600 $ 1.75 $ 1,050.00
6. TEMPORARY MULCH AC 5.0 $ 500.00 $ 2,500.00
SOD FOR EOFs AND REAR YARD SWALES, INCLUDING FINE GRADING AND
7. PREP) SY 3,000.0 $ 4.50 $ 13,500.00
8. REMOVE AND DISPOSE SALVAGED PIPES,MISC.DEBRIS FOUND ON SITE LS 1.0 $ 875.00 $ 875.00
$ 72,600.00
TOTAL $213,663.20
Bid Form 4
DATE: April 22,2015
PROJECT: MARKLEY LAKE
OWNER: KRB DEVELOPMENT II
TYPE OF WORK: SANITARY SEWER
ORIGINAL CONTRACT
UNIT
ITEM NO. CONTRACT ITEM UNIT QTY PRICE AMOUNT
1. REMOVE PLUG AND CONNECT TO EXIST MH LS 1 $ 1,725.00 $ 1,725.00
2. 8"PVC SDR 26(16'-18') LF 366 $ 33.00 $ 12,078.00
4'DIA.MH(0-12')W/CASTING AND EXTERNAL CHIMNEY
3. SEAL EA 1 $ 3,988.00 $ 3,988.00
4. ADDITIONAL 4'DIA.MR DEPTH VF 5.04 $ 147.00 $ 740.88
5. 8"X4"PVC SDR 26 WYE EA 10 $ 234.00 $ 2,340.00
4"PVC SDR 26 SEWER SERVICE PIPE(INCL TRACER
6. WIRE AND APPURTENANCES) LF 1,320 $ 13.00 $ 17,160.00
7. 4"PVC SDR 26 SEWER RISERS VF 140 $ 19.00 $ 2,660.00
8. 4"PVC CLEANOUT,PER CITY DETAIL EA 2 $ 325.00 $ 650.00 m
9. FOUNDATION MATERIAL(INCS.TRENCH DEWATERING) TN 20 $ 35.00 $ 700.00
10. SEWER TEST LS 1 $ 475.00 $ 475.00
11. TELEVISE SANITARY SEWER LS 1 $ 750.00 $ 750.00 CO_
H
TOTAL $ 43,266.88 m
Bid Form 5
DATE: May 14,2015
PROJECT: MARKLEY LAKE
OWNER: KRB DEVELOPMENT II
TYPE OF WORK: WATERMAIN
ORIGINAL CONTRACT
UNIT
ITEM NO. CONTRACT ITEM UNIT QTY PRICE AMOUNT
1. REMOVE PLUG AND CONNECT TO EX 8"WM EA 2 $ 785.00 $ 1,570.00
2. 6"DIP CL 52-HYDRANT LEADS LF 50 $ 32.55 $ 1,627.50
3. 8"DIP CL 52 LF 2,252 $ 32.00 $ 72,064.00
4. 8"GATE VALVE&BOX EA 6 $ 2,184.00 $ 13,104.00
5. 8X6 REDUCER-D.I.FITTINGS(AWWA C110-WEIGHT) EA 2 $ 443.00 $ 886.00
6. 45 DEG BEND-D.I.FITTINGS(AWWA C110-WEIGHT) EA 7 $ 506.00 $ 3,542.00
7. 22.5 DEG BEND-D.I.FITTINGS(AWWA C110-WEIGHT) EA 5 $ 501.00 $ 2,505.00
8. 11.25 DEG BEND-D.I.FITTINGS(AWWA C110-WEIGHT) EA 4 $ 480.00 $ 1,920.00
9. 8X8 TEE-D.I.FITTINGS(AWWA C110-WEIGHT) EA 2 $ 871.00 $ 1,742.00 m
10. 8X6 TEE-D.I.FITTINGS(AWWA C110-WEIGHT) EA 4 $ 785.00 $ 3,140.00 X
11. HYDRANT&6"GATE VALVE&BOX EA 6 $ 5,560.00 $ 33,360.00
CO
12. 1"CORPORATION EA 39 $ 185.00 $ 7,215.00
13. 1"CURB STOP AND BOX EA 39 $ 281.00 $ 10,959.00 in
14. 1"COPPER SERVICE TYPE K LF 1,565 $ 17.00 $ 26,605.00 m
15. WATERMAIN TESTING LS 1 $ 1,030.00 $ 1,030.00
16. 8'X 4'X 2"INSULATION SHEETS-AS NEEDED EA 8 $ 291.00 $ 2,328.00
TOTAL $ 183,597.50
Bid Form 6
DATE: April 22,2015
PROJECT: MARKLEY LAKE
OWNER: KRB DEVELOPMENT II
TYPE OF WORK: STORM SEWER
ORIGINAL CONTRACT
UNIT
ITEM NO. CONTRACT ITEM UNIT QTY PRICE AMOUNT
1. REMOVE BULKHEAD AND CONNECT TO EX 36"RCP EA 1 $ 826.05 $ 826.05
2. 15"RCP CL 5 LF 474 $ 33.00 $ 15,642.00
3. 18"RCP CL 4 LF 464 $ 35.00 $ 16,240.00
4. 24"RCP CL 4 LF 585 $ 47.00 $ 27,495.00
5. 30"RCP CL 3 LF 111 $ 55.00 $ 6,105.00
6. 36"RCP CL 3 LF 83 $ 75.00 $ 6,225.00
7. 2'X 3'CB W/CASTING EA 8 $ 1,457.00 $ 11,656.00
8. 48"DIA.CBMH/STMH W/CASTING(0'-12') EA 9 $ 2,571.00 $ 23,139.00
9. 60"DIA.CBMH/STMH W/CASTING(0'-12') EA 2 $ 3,884.00 $ 7,768.00 m
10. 72"DIA.CBMH/STMH W/CASTING(0'-12') EA 1 $ 4,152.00 $ 4,152.00
TOTAL $ 119,248.05 CO
H
m
Bid Form 7
DATE: April 22,2015
PROJECT: MARKLEY LAKE
OWNER: KRB DEVELOPMENT II
TYPE OF WORK: STREET CONSTRUCTION
ORIGINAL CONTRACT
UNIT
ITEM NO. CONTRACT ITEM UNIT QTY PRICE AMOUNT
1. SUBGRADE PREPARATION SY 10,535 $ 0.25 $ 2,633.75
24"SELECT GRANULAR(CV) -IMPORT MATERIAL AND
2. PLACE CY 6,200 $ 13.85 $ 85,870.00
3. 6"CL.5-MnDOT 2211 100%CRUSHED SY 8,225 $ 5.50 $ 45,237.50
4. 2 1/2"BIT.BASE-TYPE MVNW35035B-28'STREET SY 6,850 $ 8.65 $ 59,252.50
5. TACK COAT-MnDOT 2357 GAL 345 $ 4.00 $ 1,380.00
1 1/2"BIT.WEAR COURSE-TYPE MVWE45035B-28'
6. STREET SY 6,850 $ 6.20 $ 42,470.00
7. D-412 SURMOUNTABLE CONCRETE CURB&GUTTER LF 3,820 $ 10.90 $ 41,638.00
8. B-618 CONCRETE CURB&GUTTER LF 470 $ 20.40 $ 9,588.00
9. CONCRETE VALLEY GUTTER EA 2 $ 2,957.00 $ 5,914.00 m
10. SAWCUT&MILL EXISTING BITUMINOUS EDGE LF 50 $ 5.00 $ 250.00
11. ADJUST CATCH BASIN EA 21 $ 300.00 $ 6,300.00
12. ADJUST MANHOLE-BASE COURSE EA 10 $ 300.00 $ 3,000.00
13. ADJUST GATE VALVE-BASE COURSE EA 5 $ 225.00 $ 1,125.00
14. ADJUST MANHOLE-WEAR COURSE EA 10 $ 250.00 $ 2,500.00
15. ADJUST GATE VALVE-WEAR COURSE EA 5 $ 200.00 $ 1,000.00
CONDUIT CROSSINGS (MATERIALS FURNISHED BY
16. OTHERS) EA 6 $ 500.00 $ 3,000.00
17. REM AND REPL C&G-DAMAGED OR CRACKED LF 220 $ 25.00 $ 5,500.00
REMOVE AND DISPOSE EX ASPHALT,CURB AND
18. GUTTER FROM TEMP TURNAROUNDS LS 1 $ 500.00 $ 500.00
19. 8"DIA BIOROLL,STAKED BEHIND CURB LF 4,290 $ 3.00 $ 12,870.00
SOD-FOR RESTORATION OF NEIGHBORING
PROPERTIES,DRAINAGE SWALES,EOF SWALES,ETC.,
20. IF NOT COMPLETED IN GRADING WORK SY 3000 $ 4.50 $ 13,500.00
21. CB INLET PROTECTION(STREETS-WIMCO) EA 20 $ 145.00 $ 2,900.00
CB INLET PROTECTION MAINTENANCE PER
22. OCCURRENCE EA 40 $ 50.00 $ 2,000.00
23. SEED&MULCH MNDOT#250(GENERAL SEED MIX) AC 7.0 $ 800.00 $ 5,600.00
INSTALL WETLAND BUFFER MARKERS(SIGN PLATES
24. FURNISHED BY OTHERS) EA 26 $ 20.00 $ 520.00
TOTAL $ 354,548.75
Bid Form 8
DATE: April 22,2015
PROJECT: MARKLEY LAKE
OWNER: KRB DEVELOPMENT II
TYPE OF WORK: SANITARY SEWER,WATERMAIN,STORM SEWER&STREET CONSTRUCTION
CONTRACT
SUMMARY TOTALS
TOTAL SITE GRADING $ 213,663.20
TOTAL SANITARY SEWER $ 43,266.88
TOTAL WATERMAIN $ 183,597.50
rn
TOTAL STORM SEWER $ 119,248.05 X
I
TOTAL STREET CONSTRUCTION $ 354,548.75 CO
GRAND TOTAL $ 914,324.38
rn
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 21, 2015 will render the
final plat null and void.
Page 41
EXHIBIT "G"
TO
DEVELOPMENT CONTRACT
PERMANENT TRAIL EASEMENT
KRB Development II LLC("Grantor")hereby grants and conveys this day of ,2015 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 42
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,
KRB DEVELOPMENT INC. 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 , 2015, 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 , 2015, by
Notary Public
Drafted By:
Richard Rosow
Gregerson, Rosow, Johnson&Nilan, LTD
650 Third Ave. South, Suite 1600
Minneapolis, MN 55402
Page 43
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 44
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 45
EXHIBIT "H"
TO
DEVELOPMENT CONTRACT
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION KRB Development II LLC (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 46
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 47
DATED:
CITY OF PRIOR LAKE,
KRB DEVELOPMENT INC. 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 , 2015,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 , 2015,by
Notary Public
Drafted By:
Richard Rosow
Gregerson, Rosow, Johnson&Nilan, LTD
650 Third Ave. South, Suite 1600
Minneapolis, MN 55402
Page 48
\i A R K L - " AK h WOODS Count.R.7 a N°...
I U
_CARDINAL RIDGE FIFTH ADDITION �, +�' I_CARDINA RIDGE FOURTH ADDITION 1
.- I °
i : ,\d o \�
4 5 %' 9 10 ?� j <
�1 e 1 1 L 3 6 g ;'�i \ --+ ---
G•,� mount •� - - - �' as 4'o No
---- _ =_ aa.� �r SCALE
t 1
11 8 ' 7 \' // 14; 13;i M SECTION 1 T.114 R.22
2 �� LOCATION MAP
(f) : 'i,.„----'1p J z17 % -
Q s F 19 i
1 qtr
- i '‘ 3 , ;•-
'` .`-- ' ast Ihree Fourths) 4
K % = aa` g .a—
,K, ill(4V1 � `t 22 �,. • r—a°�� + J GRAPHIC SCALE
Q al i- 23}\ T, 11
L;,'e
I '1 ,/'2 r'24 I / / 1
13
6 4.--: - f•.% DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:
1
F °` _
-�-- -— '-rte _ I 1 I
a ���-
II cl,"- ___,-
1 BEING 10 FEET IN DTH,UNLESS OTHERWISE INDICATED.
1'
9 I h...1 WIDTH,
ADJOINING RIGHT OF WAY LINES AND REAR LOT
g . D I ; LINES.AND 5 FEET IN WIDTH.UNLESS OTHERWISE
444. I INDICATED,AND ADJOINING SIDE LOT LINES.
—�� I ...Arc....now A
-----fit '� F
'"ate I The north line of MARKLEY LAKE WOODS has
p'. I an assumed bearing of N 89'27'13" W.
V H
I Ba •Denotes found monument.
3si e o Denotes 1/2 inch by 14 inch monument set
J qlg g marked with License No. 8140.
O d J
G) 1 CalNo monument symbol shown on the plat indicates
E I5444 monuments to be set according to Minnesota
1 Statutes, and which shall be in place on or
J I ^ before the 31st day of December, 2013.
° I H(Eagle Creek Ave.) I i I
111."4"°°= BRANDT ENGINEERING & SURVEYING, LLC
ak, NIH, X0fL ' .u�l 1713 South cross Drive West, Suite A
re 4E ao�' � - SCOTT COUI}1TY I RIGHT OF WAY PLAT NO. 40 d Burnsville, MN 55306
.I.%,..,..-, ���c� (952) 435-1966
Sheet 2 of 3 Sheets