Loading...
HomeMy WebLinkAbout5O Jeffers Pond 8th Add'n Final Plat & Development Contract PRIP: I" 4646 Dakota Street SE Prior Lake, MN 55372 '�ImvEso'�P CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 24, 2015 AGENDA#: 50 PREPARED BY: JEFF MATZKE, PLANNER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE JEFFERS POND EIGHTH ADDITION FINAL PLAT AND DEVELOPMENT CONTRACT DISCUSSION: Introduction The purpose of this item is to consider approval of a Final Plat to be known as Jeffers Pond Eighth Addition, as submitted by the Jeffers Foundation. The area of consideration for the Final Plat applies to an undeveloped portion of Jeffers Pond to be known as The Cove. The site is located north of Jeffers Parkway, east of McKenna Road, and 1/4 mile west of CSAH 21. The development plan calls for a residential development consisting of 30 single family lots and 2 out- lots. History The City Council approved the preliminary plat application for Jeffers Pond 8th Addition on July 27, 2015 to be located on Outlot D, Jeffers Pond Addition. Current Circumstances The final plat of Jeffers Pond Eighth Addition consists of approximately 7.3 acres to be subdivided into 30 single family lots, and 2 outlots. Oulots A and B are to be platted for location of public utility lines, storm water ponding, and a public trail. The Final Plat proposes the construction of the Cove Point Circle cul-de- sac. Staff has reviewed the final plat and finds it to be in substantial compliance with the approved preliminary plat. ISSUES: The principal requirements for final plat approval include conformance with all aspects of the preliminary plat and an agreement to a Development Contract identifying the surety for the installation of utilities and streets. The Development Contract also specifies the development fees for the platted lots. The Developer will install a subdivision monument sign for "The Cove", which will have perpetual maintenance per an easement and covenant upon Lot 1, Block 1. The signage will match others that have been installed in the neigh- borhoods as set forth in the original PUD design elements. This approval is contingent upon the Metropolitan Council's approval of the Com- prehensive Land Use Plan map amendment from Urban High Density (R-HD) to Urban Medium Density (R-MD) Residential. Staff expects the official Met Council decision (approval) on Friday, September 21, which will be forwarded to the City Council. On a related matter, the applicant for the proposed Super America development and corresponding PUD amendment has extended the 120-day review time to October 31, 2015. Staff anticipates that the traffic study, phasing plan and design criteria for Outlots B and C will be completed in time for the September 14th City Council meeting. Another item on this meeting agenda is to approve this pro- posed extension period. FINANCIAL Approval of this final plat will allow construction of new dwelling units, which will IMPACT: contribute to the City's tax base. ALTERNATIVES: The City Council has the following alternatives: 1. Motion and a second, as part of the Consent Agenda, to approve a resolu- tion approving the Jeffers Pond Eighth Addition Final Plat and Development Contract. 2. Motion and a second to deny the resolution approving the final plat. 3. Motion and a second to table this item and provide staff with specific direc- tion. RECOMMENDED Alternative #1 MOTION: ATTACHMENTS: 1. Location Map 2. Jeffers Pond Eighth Addition Final Plat dated August 24, 2015 3. Jeffers Pond Eighth Addition Development Contract#15-000004 O, :FR0� , ,,,, U tri 4646 Dakota Street SE `trNNEsol` Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION TO APPROVE THE JEFFERS POND EIGHTH ADDITION FINAL PLAT AND DEVELOPMENT CONTRACT Motion By: Second By: WHEREAS, On July 27, 2015, the City Council approved the preliminary plat known as Jeffers Pond 8th Addition, subject to conditions identified by Resolution 15-126; and WHEREAS, The Jeffers Foundation (the "Developer") has submitted an application to the City of Prior Lake for approval of a Final Plat for Jeffers Pond Eighth Addition; and WHEREAS, The City Council has found that the final plat of Jeffers Pond Eighth Addition is in substantial compliance with the approved preliminary plat for Jeffers Pond 8th; and WHEREAS, On August , 2015, the Metropolitan Council granted its approval of a land use amendment to the City's 2030 Comprehensive Land Use Plan for Outlot D of Jeffers Pond from Urban High Density (R-HD) to Urban Medium Density (R-MD). 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 Jeffers Pond Eighth Addition is approved subject to the following conditions, which shall be met by the Developer prior to release of and recording of the final plat: a. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. b. Payment of all fees prior to release of the final plat mylars. c. Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one reduction at no scale which fits onto an 8 1/2" x 11" sheet of paper. d. Three mylar sets of the final plat with all required signatures are submitted. e. The developer provides financial security, acceptable to the City Engineer, prior to release of the final plat mylars. f. The final plat and all pertinent documents must be filed with Scott County within 60 days from the date of final plat approval. Failure to record the documents by October 23, 2015, will render the final plat null and void. 3. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of the City. PASSED AND ADOPTED THIS 24TH DAY OF AUGUST, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ E ❑ ❑ E Nay ❑ E E ❑ E Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ E E ❑ E Frank Boyles, City Manager Jeffers Pond 8th Addition Amendment to the Comprehensive Plan, PUD Amendment and Preliminary Plat Location Map . -, i - - - -,, ., ,mss �", #. w ..+4 x : 4 a M i W x - . z '. 140TH ST NW .- R z Ui - Y yJ�yy�� s, k IIP ti - ; + .1f / s�; }':.,-1".''''' �„ t / 'M' F� .•.‘„,:k •litt••,, . • - >, � a vyd l "i+ ..,« .!,-.„.,,.:-,,,,,,,, ,,,.•-„...., 1 ,,,_ - '4,, , ar 4 lam' agate .,it -,.;„,.., <,....,___ ,::-,..,/ ./-,..., -..„:,,:r7-'--....,.-:‘,;., „---„, z $•. r ' �' 7 j :,... SUBJECT _ � -• �� w_ '� R PROPERTY 1 � �GJ ` � f , �f ,� ���� ck-A , . , '�'o' R� LOWER PRIOR`LAKE ,40. ,,, ilk .,.. ..._ - ii 1 . ., _ , 1 0 170 340 680 —x Feet w— JEFFERS POND EIGHTH ADDITION OTT COUNCIL.Prior Loke.Wens:dote oelorbed prooerty Tits dal of.EFORS ade•D Odmd...TON woe Obbnar.ond accepted by the oty Owlet tba bly or Free Lone.Nneeeo ot a newer'ext.,the.,hohl _day el eLT Ry augtome only No, Ca,Yana,. • COUNTY SURVEYOR,Stall County,Minnamoto STATE OF MINNESOTA COUNTY OF . Inot,,,mat aa3...M.o.beta.me on tn. by of Jef era[arrow.,a wanes°.eon-pewit corpora,.on bet., tne comp, ay Scat oeety Ude,. Pak, me comma Lewes SURVEYORS CERTIFICATE COUNTY AUDITOR/TIOASURER.Sdott County,MInnazola 1 neaey eantify that the aurrent and de.oinont lam en ea Imes deur,.rd.Ore Dodd a.the tronefer Is entered dee eode one year:tn.an born,.mai.et la.s. soac,soct 3. Otatt and octet or.motto end lobe.oo One fdot Osead COUNTY RECOR062.Scott County,Minnesota STATE Cf MINNESOTA eeroee nad y 331.olk•Pa. .33 a3 COUNTY Cf WW1 ma ths ,by Peter J Stott County Room., Mott,Pub.. My Commas:on Ey.* PRINTED AUS 05 55 Roma .1.233•1303413., PittNEERenginaTing Saar I Cr 1 SHUR JEFFERS POND EIGHTH ADDITION I JEFFERS POND FIRST ADE,.:: �� 992.00'Sni 2,42 1 '''''\ \ \ DRAINAGE AND UDLITY EASEMENTS ARE SWAM 1HUS: IN FrarPliFAI:E-CIOr''sErIgts4:44Z:".14 IO‘' ,. DO SCALD JEFFERS POND EIGHTH ADDITION AREA SKETCH OUTLOT A real \ 10 1111111111:71_ STR feT 409 „„,, Illaiimila A NI r0 ' Scale In NM .p10 :?1:V AREA SUMMARY MX BLOCK t- 4.3385 AC. OUTLOT B BLOCK 2- '76.801 SE. 1,7585 AC. TOTAL LOT AREA. 285.591 SG. 8.0970 AO ROYAL OUOOT AREA=148,707 SG. 3.3880 AC. `4444. TOTAL R/w AREA< 1.2322 AC. TOTAL AREA. 465,994 SG. 10.89.AC. PIIINEERengineering DEVELOPMENT CONTRACT JEFFERS POND EIGHTH ADDITION PROJECT#15-000005 This DEVELOPMENT CONTRACT is entered into this 24th day of August,2015,by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and the Jeffers Foundation, a Minnesota Nonprofit Organization(the"Developer"). 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 Jeffers Pond Eighth Addition(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. The parties acknowledge that the project is a re-plat and certain public improvements have been installed with a previous plat. 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. 15-126, dated July 27, 2015, approving the Preliminary Plat for the Jeffers Pond 8th Addition. 4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the City may refuse to approve Final Plats of subsequent phases if the Developer has breached this 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 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 1 } identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat bythe CityCouncil. Theplans shall not be attached to this Development Contract and Developer's Contract p 1 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 August 24, 2015 (Prepared by Pioneer Engineering) Plan B-- Final Grading, and Erosion Control Plan(s) as stamped approved by the City Engineer(Prepared by Pioneer Engineering) Plan C-- Landscaping Plan Stamp Dated August 24, 2015 (Prepared by Pioneer Engineering) Plan D-- One set of Plans and Specifications for Developer Installed Improvements Stamp Dated as stamped approved by the City Engineer(Prepared by Pioneer Engineering) 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 to the extent not previously installed with the previous plat: A. Sanitary Sewer System B. Water System C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading and Ponding H. Underground Utilities I. Traffic Control Signs J. Street Signs K. Setting of Iron Monuments L. Sidewalks and Trails 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 as are related to the project. 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 newly installed 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 1 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 1 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. A copy of all testing documentation must be submitted to the City. 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. Page 5 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 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 30th,of the first summer after the base layer of asphalt has been in place for one freeze thaw cycle. If necessary,the Developer and the City shall consult about an extension of time. If an extension is granted, it shall be in writing and conditioned upon updating the Security posted by the Developer to reflect cost increases and the extended completion date. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a non-revocable license to enter the Plat to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Plat. 14. EROSION CONTROL. A.Prior to initiating site grading,the erosion control plan,Plan B,and Stormwater Pollution Prevention Plan(SWPPP)shall be implemented by the Developer and inspected and approved by the City. The City may require the Developer, at no cost to the City, to install additional erosion control measures if they are necessary to meet erosion control objectives. All areas disturbed by the excavation and backfilling operations shall be reseeded immediately after the completion of the work in that area. All seeded areas shall be mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary conditions imposed by the City,the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of Page 6 any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. The Developer shall be solely responsible for any costs incurred by the City for erosion control measures. The Developer shall fully reimburse the City for any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may, without further notice to the Developer, 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. 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 sod line 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 Page 7 reimburse the City for any cost the City incurred for such work within ten(10)days of receipt of the invoice, the City may draw down,without further notice,the Irrevocable Letter of Credit to pay any costs incurred by the City. Due to time sensitive nature of clean up, the notice provisions set out in Paragraph 41 shall not apply to notifications to the Developer under this paragraph. 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 completion of the Developer Installed Improvements required by this Development Contract; (1) final written acceptance by the City Engineer and,(2)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 and rain garden maintenance until written acceptance by the City of the Developer installed improvements where upon the City shall assume all maintenance. 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. All private street or private parking lot maintenance shall remain the Developer's and homeowner's association responsibility in perpetuity. 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 Fountain Hills Drive, and Jeffers Parkway. No construction traffic is permitted on the 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 (I) 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. Any 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. Along with the final plat,the developer shall deed Outlot A and B to the City of Prior Lake. The developer shall submit draft deeds to the City of Prior Lake prior to recording. E. The Developer shall record an easement and declaration of covenants, in favor of the City, across Lot 1, Block 1 of Jeffers Pond Eighth Addition, for purposes of construction and future maintenance of the monument sign for this Plat. The sign shall meet the design elements as established for all neighborhoods within the Jeffers Pond PUD. 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 D, assuming normal construction and project scheduling. The previous escrowed funds currently retained by the City as a result of a Preliminary Plat Application will be credited towards the City Administration four percent (4%) fee. The Developer has previously escrowed $10,000.00 for City Administrative Review. The remaining City Administration Fee shall be$9,608.00. This fee was calculated as four percent (4%) of the estimated construction cost less the previously established $10,000.00 escrow fund. Costs incurred by the City over and above the four percent (4%)Administration fee shall be billed to 1 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 Page 10 { 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. Once the City approves the construction cost estimates from the Developer for the Developer Installed Improvements, the City Administration Fee will not be subsequently adjusted in order for the City to collect additional administrative fees from the Developer or to reimburse the Developer for fees paid to the City. 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 related to the development. The Developer shall deposit an amount equal to five percent(5%)of the estimated construction cost, 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 fmal 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$20,451.00 prior to the City signing the final Plat. The amount was calculated as follows: 7.330 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$40,315.00 shall be paid by the Developer for watermain trunk improvements prior to the City signing the final Plat. The amount was calculated as follows: 7.330 acres at$5,500.00 per acre.This calculation was determined by the Fee Determination Study adopted by City Council Resolution#05-07 on January 3,2005. 26. TRUNK SEWER ACREAGE CHARGE. A trunk sewer acreage charge of$22,283.00 shall be paid by the Developer for sanitary sewer trunk improvements prior to the City signing the final Plat. The Page 11 amount was calculated as follows: 7.330 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$36,064.00 for street improvements prior to the City signing the final Plat. The amount was calculated as follows: 7.330 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. A Utility Connection Charge was satisfied as part of the Development Contract for Jeffers Pond 1St Addition. No additional charge is required. 29. PARK AND TRAIL DEDICATION. Park and Trail dedication requirements were satisfied as part of the Development Contract for Jeffers Pond 15t Addition. No additional dedication is required. 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-Fancily Residential). In accordance with the City Subdivision Ordinance,each residential lot in the Plat must have at least two(2)front yard trees(at least four(4)trees on ° corner lots). The Developer or lot purchaser shall plant the two(2)front yard trees (four(4)trees for corner lots)on every lot in the Plat that does not already meet this requirement prior to receiving final certificate of occupancy as part 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") Page 12 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 B, the tree removal on this site does not exceed the allowable removal. Therefore,no tree replacement is required. 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 or a cash deposit 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$612,745.00. The amount of the Security was calculated as follows: DEVELOPER INSTALLED IMPROVEMENTS COSTS: Sanitary Sewer $ 89,894.10 Watermain $ 123,297.74 Storm Sewer $ 70,654.13 Streets $ 206,349.69 ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS $ 490,195.66 X 1.25 TOTAL SECURITY AMOUNT $ 612,745.00 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 warranty period and shall not Page 13 have an expiration date earlier than December 31,2014. 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. 34. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee of$153,231.00 for City Development Fees. The amount of the cash fee was calculated as follows: CITY DEVELOPMENT FEES: City Administration Fee(4%)(less$10,000 escrow) $ 9,608.00 City Construction Observation(5%) $ 24,510.00 Trunk Storm water Acreage Charge ge $ 20,451.00 Trunk Water Acreage Charge $ 40,315.00 Trunk Sewer Acreage Charge $ 22,283.00 Street Oversize Acreage Charge $ 36,064.00 Utility Connection Charge $ 0.00 Park and Trail Dedication Fee(if in lieu of land) $ 0.00 TOTAL CITY DEVELOPMENT FEES $ 153,231.00 35. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the required work has been satisfactorily completed and financial obligations to the City have been satisfied,the Security may be reduced by seventy-five percent (75%) of the financial obligations that have been satisfied upon written authorization by the City Engineer. Any requests for reductions in the Security must be made in writing to the City Engineer and must be accompanied by lien waivers from any contractor or subcontractor for the Developer. Twenty-five percent(25%)of the Security shall be retained until all Developer Installed Page 14 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 I. 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. 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 Page 15 Developer for the costs associated with this work and as approved in this contract. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is$0.00. 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 release,discharge,and dismiss the City from any further proceedings as it pertains to the Irrevocable letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys'fees pursuant to this Development Contract. B. Prompt Payment to Subcontractors Required. The Developer shall pay any subcontractor within ten(10)days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any undisputed amount for which the Developer has received payment by the City, the Developer shall pay interest to the subcontractor on the unpaid amount at the rate of 1Y2 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. Page 16 1 1 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 including but not limited to all real estate property taxes,utility charges, and assessments 1 with respect to the development property; (2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,conditions and limitations of this Development Contract; (3)failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Development Contract; (4)transfer of any interest in the Plat without prior written approval by the City Council(for the purpose of this paragraph,the sale of a lot, except an outlot,to a builder is not an event of default); (5) failure to correct any warranty deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the City in connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable Letter of Credit at least forty-five (45) days prior to its expiration date ; (8) receipt by the City from the Developer's insurer of a notice of pending termination of insurance; (9) failure to maintain a current insurance certificate on file with the City meeting City requirements; (10)failure to maintain an Irrevocable Letter of Credit or security in good standing; (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. 1 ff Page 17 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. 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 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. Page 18 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: 2605 Fernbrook Lane, Suite B-1,Plymouth,MN 55447. 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, Suesan Lea Pace, Esq. at Nilan, Johnson & Lewis, 400 One Financial Plaza, 120 South Sixth Street, Minneapolis, Minnesota, 55402-1808. 42. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest,penalties, and attorneys' fees,that the City incurs or suffers, which arise out of,result from or relate to this Development Contract. The responsibility to indemnify and hold the City hamuless 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. Page 19 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. 44. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the Developer Installed Improvements,public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy,and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate shall provide that the City must be given thirty(30)days advance written notice of the cancellation of the insurance. The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall have expiration dates falling on June 30th or December 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, Page 20 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 PROVISIONS. The following special provisions shall apply to Plat development: A. Compliance with all of the conditions listed in the Resolution approving the fmal Plat. B. The Developer is required to submit the final Plat in electronic format. The electronic format shall be compatible with the City's current software. In addition, upon completion of the project the Developer shall provide the City with as-built utility plans in electronic format compatible with the City's current software and with layers, colors, and line-types formatted in accordance with City standards. Additionally,three(3)full size(22 X 34 inch)paper copies and one(1)reduced(11 X 17 inch)copy shall be certified and submitted to the City. C. The Developer hereby waives any claim against the City for removal of signs placed in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be responsible for any damage to,or loss of,signs removed pursuant to this provision. 47. MISCELLANEOUS. A. Compliance With Other Laws. The Developer represents to the City that the Plat complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,zoning ordinances,and environmental regulations.If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work in the Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Development Contract is for any reason held invalid,such decision shall not affect the validity of the remaining portion of this Development Contract. r 5 Page 21 C. Amendments.There shall be no amendments to this Development Contract unless in writing,signed by the parties and approved by resolution of the City Council. The City's failure to promptly take legal action to enforce this Development Contract shall not be a waiver or release. D. Assignment. The Developer may not assign this Development Contract without the prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots,the entire Plat,or any part of it. E. Interpretation. This Development Contract shall be interpreted in accordance with and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Development Contract as a whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its provisions. F. Jurisdiction. This Development Contract shall be governed by the laws of the State of Minnesota. CITY OF PRIOR LAKE By: (SEAL) Kenneth L.Hedberg,Mayor By: Frank Boyles, City Manager Page 22 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 23 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property,the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of ,20 . STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by € NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake,Minnesota 55372 Page 24 1 MORTGAGEE CONSENT TO DEVELOPMENT CONTRACT ,which holds a ortgage on the subject property,t - development of which is governed by the foregoing Development C. tract, agrees that the Development C. 'tract shall remain in full force and effect even if it forecloses on i • mortgage. Dated this ay of ,20 . STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowled: • •efore me this day of 20 , by NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake,Minnesota 55372 Page 25 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT , w •ch/who has a contract purchaser's ,Merest in all or part of the subject property,the development of w ch is governed by the foregoing Develop •ent Contract,hereby affirms and consents to the provisions th, eof and agrees to be bound by the provisions • the same may apply to that portion of the subject prop, in which there is a contract purchaser's interes Dated this day o ,20 . f 1 STATE OF MINNESOTA ) (ss. COUNTY OF ) E The foregoing instrument was acicnowl:i ged be • •e me this day of 20 , by NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake,Minnesota 55 Page 26 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted and Copy of Final Plat,Including Title Sheet: §E€§€ 55@ @§p6 Page 27 3 #| § : j ( \ }| " / | i Ql jk I ,_ | \| 5. 1 j _!§ i \ j / f f ƒ . I 6 | . | !! I L.- g• ! , 1 | | 1 1 I . I | ! . ' |• _ ) fI, . | I . ,! | # } II , I ! 4 . g | § \ \\ / � / , j |!. - �� `` 1- \ ||! . ® I [ } ) 7 © ` 2 ! 2 _: K \| 0 | |f} ! - � ƒ" / }l < L ,,; | | 2 ! 1 § ! l I 1- I . CD LLI C I . ! - �.!!! : . : Cr) ss \{ a ^ }{i§l . I !t ; | !{{}| ! | Li ! !, | )' ! | ! ! { \ !` ' ( {)!!: Li - ! fi | = �t ;°!! H. —D I ) |, i ; { i ! :�}1( f ` K| f ] ! ! I g|i g !-_ al ; |; { ' f ƒ %!�{ I - l!! - { |§ ,. Wig - .. . . . \ f .| - !f :;PA ! / \ {/ } E.�� } � � | } f} - / {i§!` ! f -1 -4 --, g f | ti 2, |� | k \ki�{� I , ; , � �� | | } \!1 { § � k ;| \�` « I |- !!| §§ , ; !!!|;! �§ , | 1 | JEFFERS POND EIGHTH ADDITION JEFFERS POND FIRST ADDITION 1 \♦ SB9a48'S5'W no.1Nc a SAXD 7B&37 POND ---� —_- --- ---,, Ses WETLAND-`, , EL-NAoa�(fx°N 1e»D /.- OUTLOT+TAwr a'A° ,a7J57F DNR PROTECTED WETLAND 149W P .- _--'_'�' °N»�, y,ae N.V. 110.0 O."° :+ �°'yT 5slr»'Sv. 1e4» �sE1Im m¢e-n-,a „cr+ ».o _ / %^` 'N, ` / 7620? / • DN» • wxm,'----�--1 �'uy ny FlSvnM't .0,—,1`--_--11`1 r__—' ''��/ ��7 �\\ / / �, J I.t tl 1,,,,,„° Ilen,b, use a.Y,-.1 T--••••.' 1 1 "`1 \ / `` / n ^7 BaM» � '� ,ire i i 1 1 ��`1 `•1`1 lg` 9 8 "{ 7 :/i �\ ` , / i . x/ i I I ;1t 1 T, 11 `1`• 10 11 Il �7 T/ /i/ \` 4 1 / o .1' / 1•` 16 15 i 2 1 `1 11 `1\ c 1 `I / i// \ /1.17.7/2„1.0D,a»I 1 X 1 , . 1 14 11 1 1 12 1 T yl 1 R'y `-vint•w' A.DTUye- L .A/ / 6 9 '01 i$ �' / \. r H 1 113 11 11 E:11 '14 7 / 1" 1 `\ J Vi:.-\\\`` @@ �/ 1 11 C 441 1 1`C.%"'�^ a3b.J i i 11 C oa J 17 \\` 5a2T-a Ley.4.4// 1 1 _1 �`I yGlED''/ / �- --� W. A'' �:' `s I <;a *'a'b It." v 5 ,1`1 1 V�3 a / �‘ 0 I �, i27,"'..'„t _ q(5454 p M'..4.2 ' a °----''T°C\ROVE '-;-c'71 '0%'I ry `'h ., n\`� 0;•‘---„----y°` _ _''11 1 2 18 a1P: ._,.x — �POIN� �. - . '1--- ' 1 �S\ ., " n.x a -cOVE °.r°r 1 �` , .1 r''� 1 11; \ I M —,�t $r. p yo .°stews. r—._5es5 X ,, F�7^ 8 `I y, » /{I,"°° 4 11 V V, L. '..-------0.--tis dAwa' '�, � q r—aw § 5 6 Tr i ,N.S,r_ -"-o-, I.<- r' ^°° i ze.,Da' .:-.>o, k Efi c pl 40 O T - Jk r i 9 I Q+ 19 ,:// "q+-� l^ t 1% 3 J LL- L V ,n>» yi 3 ;b �� J �� i/ IN a Fy_ Ir $ 9 20 1 r r 2 S€ ___-J B g f...." .9 11 s `-'nom-- ---- U 3 / ',/,,* r x r _ __-� L s'" �''"v, ` -------------J I 1- - .......... 7 t t OC i r II.A,y _J i. --_ 'll 2 own wawa.1 I L J G J ,-. or "A ° ! Moa D!� C-I—M—a'w,a'c -iuw 1 Ig 1 2.t•-•...12544 / _1 L R 2 5Hm ewva,n /Hn,awa =.2a.1S^ aw•°a•.aam eMe` �. 10___118 P r— - __ tt / Vl SN l R OUTLOT B `. ------- !IA ;+ J / 1 509 ON52'W 277.42 *• cv�Auw wa°TD ..--t--- 1 1 c. / C,/ / T? 1 1 D / f \ 2\�' /� pin '+7 cl 1l s . ; / 'O / C7NL/ BB4B2s5'W 23&43rq \x25 `V /FIh / 7- NNNN . , ^MTI PONDJ / A,m ,Y POIMVI IN .....,P OND 1Nn .. �/ I •nA DRAINAGE AND UTU1Y °/°'�' \ I ./„"T"; THE ORIENTATION OF THIS BEARING SYSTEM IS BASEL a THE �' EASEMENTS ARE SHOWN THUS: NORTH LINE a OUTLOI O..IET,ERS POND MST AMID.WNIa n • IS ASSUMED TO HAVE A BEARING Or SOUTH 1Y,65r NEST, �.._ '41,141- \ NO MaUMENT SYMBOL SHOWN AT ANY STATUTE REQUITED YWr1I ' , ^ I. __�!_�____ J LOGTON,INDIGIIN A PIAT MONUMENT THAT F THE BE SET AND ,Y / I I �J .101 SNAIL BE IN PLACE MITAN ONE TEAR OF FI NO OF �Yy / (7-= \ "A'o }.. IL .� MONUMENTS WARNED B MOM THE PLAT.SAD MONUMENTS `NUMBER/2M L OE I/2 INCH%U INCH PEON }, / f" \ I ; I C "� RS / C). \ ETi + { • GENOTE r..°1/z IMDI IRON MONUMENT MARNMD BY DaMO 5 Taal h.Itlln,an0 Oa NO bl Ilnao / C V ln.r4a nakRlaq m°i0 a,V rWln LICENSE NUMBER IaaOB UNLESS OMOTMISE NOIEO. • ,01,.`� / �`r 1 L_�A L_-ON 27, T L.1___-_ mM AC404, alraal Uma m°Yaw Inca i » O b BENCIB4ARM TOP NUT OF HYDRANT AT NW CORNER OF LOT 15. / ��, SECTION 27, TWP.115, ROE.22 *0401 alnw.4. MNl*al.M n Ina Plot BLOCK L,TIERS POND MST ADDITION NM AN Y / r C� xaa n rant N ETES U OF BaSTB TEST(NOVO iURCE 0.,..41* g<r� / J�`;�'j:' $h LOCATION EMAP WETLAND DELINEATED BY MIDWEST NATURAL RESOURCES, / (h <..J i s - / se.. ;' :J �,J �' PItNEERengineering SHEET 2 OF 2 SHEETS 1 . . . . . | 1P P4| sl // k1 &k�+�&& m, _ . , . \ ygigtgl C| , y/� gg. ®_-®-- ��,_ � _ :� _( ~ O � e( u , . a O | Q T oN | . CO @ ° | I- °§ cr Z _ CD F-2 _ Li k p 4 | O dZ < �@ CO § O (.. - _ \@ \ / m Ai \ ) C i L_ R ) / W | to 11 Illa / I N ( ± \ ! Lr) .1., / { | , | ED ( g ( N 2 § 2 / | | , 1 | | | | EXHIBIT"B" SAMPLE IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Prior Lake 4646 Dakota Street SE Prior Lake,Minnesota 55372 Dear Sir or Madam: We hereby issue,for the account of (Name of Developer) and in your favor,our Irrevocable Letter of Credit in the amount of$ ,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 physically received by the City Manager at least forty-five(45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified,or limited by reference to any document,instrument,or agreement,whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No.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 29 • EXHIBIT"C" SAMPLE CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Prior Lake 4646 Dakota Street SE Prior Lake,Minnesota 55372 INSURED: ADDITIONAL INSURED: City of Prior Lake AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE-Workers'Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ()Claims Made ()Occurrence LIMITS: [Minimum] Bodily Injuiy and Death: $1,000,000 for one person $2,000,000 for each occurrence Property Damage: $500,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Page 30 Operations of Sub-Contractor(Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability(Broad Form): YES Govermnental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting ESSE Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: (X)Any Auto LIMITS: [Minimum] Bodily Injury: $1,000,000 each person $2,000,000 each occurrence ; Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so,list: Amount: $ [Not to exceed$1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL THIRTY(30)DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative Page 31 EXHIBIT"D" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 1 1 Page 32 I 0 ° . a I ; a 0 a I €g a ¢ " 7. s s a g RI Al I g li I Lp ; R pph a l t € 5 d Q �R a s s _ l 8 S s m ; - m I m F s B A aE 2I e . “ B S 3 6 I S € I i RRi Q 6 4 E E z g b a a 01m a goo s Q0 € ;og i I ! I § = I II a CD W C z3, o e a .ogla i e a ss CP B 6& g t E E` ' _S e E iosR o 3 LL . 1 3 8 E 3 g 11124 8 4. ' LL_ e sz a o 6 t A g 5 I 6 c 5 ^B .. k F g 3 c {i g 9 gLES€ 0 _ l B s a i ' i : = Qom;'s ni : a g I€ 3 6° ° B n o§ 6 1 e v ° €i .L 5 E 4 fii S H °55 s Y e Y S g � i 21 P g 1! 11111 1 L8 '°I n @ r g e s$8 g ); 0 5 t' 9 N s ='v I ;, 1 e d B E ti " E 3 E s o s a Ea ��i _G� � � Eies H vE I E 1 1 1 1 S 6 i 6 1 t 1 . . I JEFFERS FOND EIGHTH ADDITION - jE5rr hS POND r IR i i,u78r vi I 1 \ S89.48'55' 837 �. W MOW NNE OF WM1N O� ,/ POND $ WETLAND�'• IN ""M;;>,M '"'1 � OUTLMOT�A — �e �\/� DNR PROTECTED WETLAND 149W T_ ..-------1.----... O NNQn•#[py mammy Ilam .-0,01 All OF COM,A 'd2' / R1,'AEPW mars %num ma Y2a-.4 eP.f 4as SAO ' /r` 4'T4 2gZp? / • Aro mama .01_, T' \ \ y\ \ : I / Y n f 1�+vlo,,.4 maa \ 1 3\ \ T+\ \ // O/ \\ / hy' `xi i i i W11 11 \\\\\ 1\1 10 \�\\ C i /l 7 i/ \\\ �,\ POND / �\\\ 16 15 3i i Y + 1\1\\ 11 \1\ ,t,...\\ °/ i ,,,/:// i \ a m.G 19.1 i / 't \\\ q I I s, I ;1 1 \ 1 1 \Q �'\ \` aN,y_J L_ / / ) \ +I ^o X Y' \\ I I 14 H 12 1 \ y\ 1 -) v:nrw ..a4.., L / / 6 \ xm� " 17 \\\ „Al.,' L, 42f4 I 1 UI 1 \\ \ —.____-� < ,s \4 (•Z I \ 1 °0°3'77 Al •%� r, 3�I I L_ j 444,4 fp4' rao;:•' <l., ` \\ \ i I til AI i • ..; mwrel., a 01N1 01RGL ° "° i.b _ ^\ ` "°"R''_ _ \\ I E �� \ 1 18 "� P. '— JEFFERS POND EIGHTH ADDITION AREA SKETCH OUTLOT.A 110 9 16 15 11 0.3-4. JII Ate„. 14 13 a.., 17 IIII >T,. .,.«. STRrs- I 18 Nut 1 • 6 N ars 0.r. 20 1 11111111 II, 40 20 0 Scalo In Fool 10 Mt, AREA SUMMARY BLOCK 1— 188,990 SF. 4.3385 AC. OUTLOT B BLOCK 2. 76,601 SF. 1.7585 AC. \ 76.31al TOTAL LOT AREA. 265,591 SF. 6.0970 AC. TOTAL OUTLOT AREA=146,707 SF. 3.3680 AC. TOTAL R/W AREA. 53.698 SF. 1.232/AC. TOTAL AREA. 405,994 SF, 10.6977 AC. PIZNEER > ,;»g EXHIBIT"B" SAMPLE IRREVOCABLE LETTER OF CREDIT 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 physically received by the City Manager at least forty-five(45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified,amended, amplified,or limited by reference to any document,instrument,or agreement,whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits,International Chamber of Commerce Publication No.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 29 EXHIBIT"C" SAMPLE CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLIER: City of Prior Lake 4646 Dakota Street SE Prior Lake,Minnesota 55372 INSURED: ADDITIONAL INSURED: City of Prior Lake AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE-Workers'Compensation,Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ()Claims Made ()Occurrence LIMITS: [Minimum] Bodily Injury and Death: $1,000,000 for one person $2,000,000 for each occurrence Property Damage: $500,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: { Page 30 Operations of Sub-Contractor(Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability(Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: (X)Any Auto LIMITS: [Minimum] Bodily Injury: $1,000,000 each person $2,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so,list: Amount: $ [Not to exceed$1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE I'HE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL THIRTY(30)DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative Page 31 EXHIBIT"D" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS Page 32 ENGINEER'S ESTIMATE FOR UTILITY AND STREET CONSTRUCTION JEFFERS POND 8TH ADDITION IN PRIOR LAKE, MN August 17, 2015 Section A-Sanitary Sewer Bid Estimate Item# Contract Item Unit Unit Price Quantity Amount SS-1 8"PVC SDR 35,10'-12'Depth LF $38.52 817 $31,470.84 SS-2 8"PVC SDR 35, 12'-14'Depth LF $38.52 71 $2,734.92 SS-3 8"DIP CL 52,10'-12'Depth LF $67.26 20 $1,345.20 SS-4 4"PVC SDR 26 Service Pipe LF $18.44 1,213 $22,367.72 SS-5 8"x4"PVC Service WYE EA $127.22 30 $3,816.60 SS-6 Sanitary Sewer Manhole(0'-10'Depth) EA $2,649.00 7 $18,543.00 SS-7 ` Sanitary Sewer Manhole Extra Depth VF $164.80 15.63 $2,575.82 SS-8 Outside Vertical Drop Section VF $379.64 10.0 $3,796.40 SS-9 Televise Sanitary Sewer LF $1.70 908 $1,543.60 SS-10 Sanitary Sewer Test LS $250.00 1 $250.00 SS-11 Connect to Existing EA $1,450.00 1 $1,450.00 Total Sanitary Sewer Estimate Amount $89,894.10 6i Section B-Watermain Bid Estimate Item# Contract Item Unit Unit Price Quantity Amount WM-1 6"D.IP.Class 52 LF $37.89 45 $1,705.05 WM-2 8"D.I.P.Class 52 LF $38.72 1,218 $47,160.96 WM-3 Fire Hydrant.w/6"Gate Valve EA $4,472.36 4 $18,689.44 WM-4 D.I.P.Fittings LB $5.55 1,555 $8,630.25 WM-5 1"Corporation Stop EA $102.24 30 $3,067.20 WM-6 1"Curb Stop&Box EA $199.09 30 $5,972.70 WM-7 1"Copper(Type-K)Service Pipe LF $20.82 1,559 $32,458.38 WM-8 8"Gate Valve&Box EA $1,646.88 2 $3,293.76 WM-9 Connect To Existing Watermain EA $750.00 2 $1,500.00 WM-10 Watermain Test LS $500.00 1 $500.00 WM-11 4"Ridged Insulation SF $5.00 64 $320.00 Total Watermain Estimate Amount $123,297.74 3 pE Section C-Storm Sewer Bid Estimate Item# Contract Item Unit Unit Price Quantity Amount ST-1 15"RCP Class 5 LF $29.08 112 $3,256.96 ST-2 18"RCP Class 5 LF $33.00 373 $12,309.00 ST-3 21"RCP Class 4 LF $35.51 108 $3,835.08 ST-4 24"RCP Class 3 LF $40.33 24 $967.92 ST-5 15"FES w/Trash Guard EA $819.69 1 $819.69 ST-6 18"FES w/Trash Guard EA $1,000.00 1 $1,000.00 ST-7 21"FES w/Trash Guard EA $1,112.91 2 $2,225.82 ST-8 24"FES w/Trash Guard EA $1,316.27 1 $1,316.27 ST-9 27"Catch Basin EA $11,999.12 1 $11,999.12 ST-10 24"x36"Catch Basin EA $1,910.00 2 $3,820.00 ST-11 48"Catch Basin Manhole(0'-10'Depth) EA $2,485.00 6 $14,910.00 ST-12 48"Manhole Extra Depth VF $164.80 1.2 $197.76 ST-13 48"Pond Control Structure EA $4,416.51 1 $4,416.51 ST-14 60"Pond Control Structure w/Weir EA $6,000.00 1 $6,000.00 ST-15 RIP RAP Class III CY $70.00 19.0 $1,330.00 ST-16 Catchbasin Inlet Protection&Maintained(Grass) EA $100.00 3 $300.00 ST-17 Catchbasin Inlet Protection&Maintained(Street) EA $100.00 12 $1,200.00 ST-18 Connect to Existing EA $750.00 1 $750.00 Total Storm Sewer Estimate Amount $70,654.13 1 } Project:Jeffers 8th Add. Date: 8/17/2015 Section D-Streets Bid Estimate Item# Contract Item Unit Unit Price Quantity Amount RD-1 Mobilization LS $8,500.00 1 $8,500.00 RD-2 Remove Existing Bituminous Section SY $4.00 26 $104.00 RD-3 Sawcut Bituminous LF $3.50 35 $122.50 RD-4 Subgrade Preparation SY $0.70 3,953 $2,767.10 RD-5 24"Granular Fill SY $14.42 4,103 $59,165.26 RD-6 6"Class 5 100%Crushed SY $5.65 4,103 $23,181.95 - RD-7 2.5"Bituminous Base . SY $9.95 3,344 $33,272.80 RD-8 Tack Coat GL $5.00 167 $835.00 RD-9 1.5"Bituminous Wear.. SY $6.30 3,344 $21,067.20 RD-10 Concrete Mountable Curb&Gutter LF $13.79 1,818 $25,070.22 RD-11 Concrete B618 Curb&Gutter LF $17.00 120 $2,040.00 RD-12 Adjust Gate Valve Box EA $275.00 2 $550.00 RD-13 Adjust Catch Basin Casting EA $150.00 12 $1,800.00 RD-14 Adjust Manhole Casting EA $275.00 7 $1,925.00 RD-15. Backfill Curb&Gutter and Grade Boulevard LS $0.01 1 $0.01 RD-16 Sod 3'Behind Back of Curb SY $4.50 646 $2,907.00 RD-17. 3-4"PVC Conduit X-ing EA $350.00 2 $700.00 RD-18 Ped Ramp EA $1,985.00 1 $1,985.00 RD-19 2.5"Trail Bituminous SY $11.80 740 $8,732.00 RD-20 6"Trail Class 5 SY $11.05 833 $9,204.65 RD-21 Street Name Signs(Plates) EA $350.00 2 $700.00 RD-22 No Outlet Sign Plate EA $350.00 1 $350.00 RD-23 Stop Signs EA $350.00 1 $350.00 RD-24 Off Street Structure Markers EA $60.00 8 $480.00 RD-25 Wetland Buffer/Conservation Area Signs EA $90.00 6 $540.00 Total Street Estimate Amount $206,349.69 Total Sanitary Sewer Estimate Amount. $89,894.10 Total Watermain Estimate Amount $123,297.74 Total Storm Sewer Estimate Amount $70,654.13 Total Street Estimate Amount $206,349.69 TOTAL AMOUNT $490,195.66 Project: Jeffers 8th Add. Date: 8/17/2015 1 EXHIBIT"E" 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 Jeffers Pond Eighth Addition Final Plat to the following scales: I"=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 October 23, 2015, will render the final plat and Development Contract null and void. 1 Page 35 August 21,2015 Mr.Dan Rogness Community and Economic Development Director City of Prior Lake 4646 Dakota Street SE Prior Lake,MN 55372 RE: City of Prior Lake,Jeffers Pond Planned Unit Development(PUD) Comprehensive Plan Amendment Administrative Review Metropolitan Council Review File No. 19494-10 Metropolitan Council District 4 Dear Mr.Rogness: We received the City's Jeffers Pond PUD amendment on August 3,2015.The amendment reguides an outlot within a Planned Unit Development from R-HD Urban High Density to R-MD Urban Medium Density Residential.The proposal is located at the intersection of Trunk Highways 21/42. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by the Council on July 28,2010. The proposed amendment does not affect official forecasts or the City's ability to accommodate its share of the region's affordable housing need. Therefore, the Council will waive further review and action;and the City may place this amendment into effect.However, staff offers the following advisory comments: Land Use and Density(Angela R. Torres, 651-602-1566) The densities discussed for this development are consistent with the City's approved plan.The plan was approved by the Metropolitan Council in 2006 using a city-wide density average.The City's approved density average is 3.10 net residential units per acre. The proposal involves three outlots of the larger 336 acre Jeffers Pond PUD.Jeffers Pond was approved by the City in 2005.Outlot D is proposed to reguide from R-HD to R-MD. Outlots B and C are currently guided as Commercial but as part of Jeffers Pond PUD are proposed to receive the additional density that is being reduced from Outlot D.The net total reduction in residential units is 30.The planned commercial development on Outlots B and C is proposed to be reduced to accommodate the additional 174 housing units being transferred from Outlot D.The total change in the PUD will be a decrease from 693 residential units at 3.56 units per net acre to 663 residential units at 3.42 units per net acre. Future PUD amendments cannot be less than the City's approved average of 3.1 residential units per net acre. The net loss of 30 residential units within the Jeffers Pond PUD and the transfer of 174 residential units to Outlots B and C does not have an impact on regional systems. However,in order to accurately reflect the density transfer to Outlots B and C,the City will need to submit an amendment for land use changes to Outlots B and C.In the County Highway 42 Study Land Use and Transportation Comprehensive Plan Amendment,the City established new land use categories that would be appropriate for the proposed uses discussed in this amendment and consistent with recent City planning efforts.The subject properties were part of that study area and the City should submit an amendment for Outlots B and C in a timely manner. This will allow the Council to accurately track the transfer of density uses through land uses,rather than the City tracking the changes through the PUD zoning district. The amendment,explanatory materials,and the information submission form will be appended to the City's Plan in the Council's files.If you have any questions about this review,contact Angela R.Torres, Principal Reviewer,at 651-602-1566. Sincerely, LisaBeth Barajas,Manager Local Planning Assistance CC: Steve O'Brien,Minnesota Housing Tod Sherman,Development Reviews Coordinator,MnDOT Metro Division Deb Barber,Metropolitan Council District 4 Angela R.Torres, Sector Representative/Principal Reviewer Raya Esmaeili,Reviews Coordinator N:I ConunDevlLPA1Connnnmities1Prior LakelLetters120151Prior Lake 19494-10 Jeffers Pond PUD AdminRev-NoAdvisoryOmnts.docx