HomeMy WebLinkAbout5B - Enclave at Cleary Lake
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MAY 1, 2006
5B
DANETTE MOORE, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR THE ENCLAVE AT CLEARY
LAKE AND A RESOLUTION APPROVING A PERMIT AGREEMENT FOR
PRIVATE USE OF PUBLIC PROPERTY
I ntrod uction
Pulte Homes have filed an application for approval of a final plat to be known
as The Enclave at Cleary Lake. The approximate 119 acre final plat consists
of 53 lots, 6 outlots, and park. Outlot A will be developed into single family lots
as part of phase II in the future. This agenda item requests City Council
approval of the final plat.
History
On October 3,2005, the City Council adopted Resolution 05-164 approving
the preliminary plat for The Enclave at Cleary Lake, located north of 180th
Street, west of Revere Way, east of Mushtown Road, and south of Deerfield
Drive. The approved two phased preliminary plat involved a single-family
development consisting of 117 dwelling units. The resolution listed the
following conditions of approval:
1. In accordance with the agreement between the developer and Spring Lake
Township, the developer shall make improvements to 180th Street
concurrently with the development of the project.
2. Provide a revised Tree InventoryfTree Preservation Plan that demonstrates
size and species specific to individual trees detailed on the plan. The plan
must also distinguish which trees proposed to be removed will be impacted
by future building pads, utility areas, roadways and driveways.
3. Phase II of the project will not be allowed to proceed prior to the necessary
upgrades of the lift station as outlined in this report.
4. The Wetland Mitigation Plan dated May 18, 2005 must be approved by the
City.
5. All Engineering Department comments must be addressed.
6. A cash dedication in lieu of land must be paid for any remaining unmet
parkland dedication requirements.
Current Circumstances
The final plat of The Enclave at Cleary Lake consists of approximately 119
acres to be subdivided into 53 lots for single family dwellings, 6 outlots, and
park.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
The principal requirements for final plat approval include a signed
Development Contract with surety for the installation of utilities and streets and
the satisfactory completion of all preliminary plat conditions.
Staff has reviewed the final plat and finds it to be in substantial compliance
with the approved preliminary plat.
The Development Contract specifies development fees of $625,256.00 for the
platted lots.
The developer has requested to encroach within the public right of way at the
entrance to the development at Trailhead lane. If approved, the Private Use
of Public Property Agreement would allow for a landscaped median containing
the development monument signage (plan attached).
The Development Contract specifies the required improvements for this plat.
Trunk sewer, watermain and storm sewer area charges are outlined in the
Contract. The parkland dedication requirements for this plat will be satisfied by
land dedication (4.2 acres). At the time of the Phase II final plat, the developer
will be required to pay a Park and Trail Dedication Fee, based on 37 remaining
units and the applicable fee amount at that time.
The Private Use of Public Property Agreement is a standard agreement
utilized by the City for encroachments. This agreement indemnifies the City in
the event of damage or removal of the encroachments in the median.
Approval of this final plat will allow construction of new dwelling units, which
will contribute to the City's tax base. The required development fees are
deposited into the appropriate City accounts.
The City Council has the following alternatives:
1. Adopt the resolution with conditions approving the final plat and
Development Contract for The Enclave at Cleary lake as written.
2. Deny the resolution approving the final plat.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1 .
A motion and second to adopt a resolution approving the final plat and
Development Contract for The Enclave at Cleary Lake and authorizing the
Mayor and City Manager to sign the Development Contract with the conditions
contained in the alternative the City Council selects.
In addition, a motion and second to adopt a resolution approving the Private
Use of Public Property Agreement allowing the proposed median within
Trailhead Lane.
L
I
Reviewed by:
nager
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
Motion By:
Second By:
WHEREAS, On October 3, 2005, the City Council approved the preliminary plat known as The
Enclave at Cleary Lake, subject to conditions identified by Resolution 05-164; and
WHEREAS, The City Council has found that the final plat of "The Enclave at Cleary Lake" is in
substantial compliance with the approved preliminary plat for The Enclave at Cleary
Lake; and
WHEREAS, The City Council has approved the final plat of "The Enclave at Cleary Lake."
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.
2. The final plat of "The Enclave at Cleary Lake" is approved subject to the conditions set forth in this
resolution.
3. The final plat of "The Enclave Cleary Lake" is subject to the following conditions, which shall be met
prior to release of and recording of the final plat:
a) Payment of all fees prior to release of the final plat mylars.
b) Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
c) Four mylar sets of the final plat with all required signatures must be submitted.
d) The developer must provide financial security, acceptable to the City Engineer prior to release
of the final plat mylars.
e) The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by August 1, 2006, will render
the final plat null and void.
f) The developer shall provide a signed Private Use of Public Property Agreement (for proposed
median area) prior to release of final plat.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 1ST DAY OF MAY, 2006.
YES
NO
Hauaen Hauaen
Dornbush Dornbush
Erickson Erickson
LeMair LeMair
Millar Millar
Frank Boyles, City Manager
U06 FILES\06 SUBDIVISIONS\FINAL\Enclave @ C1eawWWlCityd.pnoftake.com
Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06.XX
RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT
TO AllOW FOR THE INSTAllATION OF A MEDIAN WITHIN THE FUTURE RIGHT OF WAY OF TRAilHEAD
lANE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
Pulte Homes of Minnesota, a Minnesota Corporation, developer of The Enclave at Cleary
lake; and
The City has right of way along Trailhead lane; and
The developer would like to install a median for landscaping and a monument sign within the
right of way; and
The property owner is requesting approval of an Encroachment Agreement to allow for the
installation of the median within the roadway, and
On May 1, 2006, the City Council reviewed the Encroachment Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. The above recitals are herein fully incorporated herein as set forth above.
2. The City Council of Prior lake has determined that the installation of the median with the right of way would be in
the public interest subject to an encroachment agreement.
3. The Mayor and City Manager are hereby authorized to execute the encroachment agreement on behalf of the
City.
Passed and adopted this 1 sl day of May, 2006.
{Seal}
YES
NO
Haugen Haugen
Dornbush Dornbush
Erickson Erickson
leMair leMair
Millar Millar
Frank Boyles, City Manager
r:\agenda reports\may 1 2006\the enclave at clearyencroachment resolution.doc
www.cityofpriorlake.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
LOCATION MAP
THE ENCLAVE AT CLEARY LAKE
N
A
DEVELOPMENT CONTRACT
ENCLAVE AT CLEARY
PROJECT #06-101
This DEVELOPMENT CONTRACT is entered into this 1st day of May, 2006, by and between
the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Pulte Homes of Minnesota,
a Minnesota corporation (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. REOUEST FOR PUT APPROVAL. The Developer has asked the City to approve a Plat
for The Enclave at Cleary Lake (referred to in this Development Contract as the "Plat"). The land is shown
on attached Exhibit A which is incorporated herein as iffully 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 Cou~ty Recorder or Registrar of Titles within 90 days after the City
Council approves the final Plat.
3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all
1:\06 FILES\06 SUBDMSIONS\FINAL\Enc1ave @Cleary Lake\DEVELOPMENT CONTRACT Draft.DOC
Page 1
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. 15-164, dated October 3, 2005, approving the Preliminary Plat
for The Enclave at Cleary Lake.
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 tenns or conditions set out in the Resolution approving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not 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
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 iffully set forth
herein. If the plans vary from the written tenns of this Development Contract, the more specific or stringent
controls shall apply. The Plans are:
Plan A -- Final Plat Dated January 13, 2006 (prepared by Hedlund Engineering)
1:\06 files\06 subdivisions\fina1\enclave @ cleary Iake\deve1opment contract draft.doc
Page 2
Plan B --
Final Grading, Development, and Erosion Control Planes) Dated January 11,
2006 (Prepared by Hedlund Engineering)
Plan C --
Plan D --
Tree Preservation and Replacement Plans Dated January 6, 2006 (Prepared
by Dahlgren Shardlow Uban Inc.)
Landscaping Plan Dated April 131h, 2006 (Prepared by Dahlgren Shardlow
Uban Inc.)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements as
stamped approved by the City Engineer (Prepared by Hedlund 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:
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
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
1:\06 files\06 subdivisions\fmal\enclave @ cleary lake\development contract draft.doc
Page 3
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.
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
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 record 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 comers and monuments.
10.
SUBDWISION 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.
11. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by June 1, 2007, with the exception of the final wear course of asphalt on streets. The final wear course on
1:\06 files\06 subdivisions\tina1\enclave @ cleary lake\development contract draft.doc
Page 5
streets shall be installed 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.
12. 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.
13. EROSION CONTROL.
A. Prior to initiating site grading, the erosion control plan, Plan B, and Stormwater
Pollution Prevention Plan (SWPPP) shall be implemented by the Developer and inspected and approved
by the City. The City may require the Developer, at no cost to the City, to install additional erosion
control measures if they are necessary to meet erosion control objectives. All areas disturbed by the
excavation and backfilling operations shall be reseeded immediately after the completion of the work in
that area. All seeded areas shall be mulched, and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the erosion control plan and schedule or supplementary conditions imposed by the City, the City
may take such action as it deems appropriate to control erosion. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. The Developer shall be solely responsible for
any costs incurred by the City for erosion control measures. The Developer shall fully reimburse the
City for any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does
not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may,
without further notice to the Developer, 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
1:\06 files\06 subdivisions\fina1\enclave @ cleary lake\development contract draft.doc
Page 6
erosion control requirements. Due to the time sensitive nature of providing for erosion control, the
notice provisions set out in Paragraph 39 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).
14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer does
not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of the
invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any costs
incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in Paragraph
39 shall not apply to notifications to the Developer under this paragraph.
15. GRADING PLAN.
1:\06 files\06 subdivisions\fmal\enclave @ cleary lake\development contract draft.doc
Page 7
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control planes), (plan B). The plans and work shall conform to the requirements set forth in the 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 comers 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 lot tabulation certified by a registered engineer showing that all pads have been corrected in
accordance with project specifications.
16. 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 the 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.
17. STREET MAINTENANCE. Developer shall be responsible for all street maintenance until
fmal 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.
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 8
18. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Revere Way. No construction traffic is permitted
on the adjacent local streets.
19. IMPROVEMENTS REOUlRED 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 a 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 the Developer Installed
Improvements, the Developer assumes all liability and costs incurred as a result of the 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. A temporary or permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
been completed and the first lift of bituminous has been placed and said improvements have been inspected
and determined by the City to be available for use.
20. CITY ADMINISTRA TION. 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, less oversizing costs outlined in Paragraph 35, assuming normal construction and project
scheduling. Extraordinary costs incurred by the City over and above the four percent (4%) Administration
1:\06 files\06 subdivisions\fmal\enclave @ cleary lake\development contract draft.doc
Page 9
fee shall be billed to the Developer. Extraordinary costs are defined as costs resulting from change orders
applied to the project and costs incurred as a result of unknown conditions at the time of design, project
delays, or costs incurred in enforcing the terms of this Development Contract.
21. 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 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 Paragraph 35, for construction observation
performed by the City's authorized personnel. 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. Extraordinary costs incurred by the City over and
above the five percent (5%) Construction Observation fee shall be billed to the Developer. Extraordinary
costs are defined as costs resulting from change orders applied to the project, project delays or costs incurred
as a result of unknown conditions at the time of design.
22. TRUNK STORMWATER ACREAGE CHARGE. The Developer shall pay a trunk
stormwater acreage charge of $63,668.00 for trunk stormwater improvements prior to the City signing the
final Plat. The amount was calculated as follows: 22.82 acres at $2,790.00 per acre (Rl, R2 and R3). This
charge was determined by the Trunk Storm Water Fee Study adopted by City Council Resolution # 05-18
on January 18,2005.
23. TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $125,510.00
shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat.
The amount was calculated as follows: 22.82 acres at $5,500.00 per acre. This charge was determined by
the Trunk Water System Fee Study adopted by the City Council Resolution #05-07 on January 3, 2005.
24. TRUNK SANITARY SEWER ACREAGE CHARGE. A trunk sanitary sewer trunk area
charge of $69,373.00 shall be paid by the Developer for sanitary sewer trunk improvements prior to the City
1:\06 files\06 subdivisions\tina1\enclave @ cleary lake\development contract draft.doc
Page 10
signing the final Plat. The amount was calculated as follows: 22.82 acres at $3,040.00 per acre. This charge
was determined by the Trunk Sanitary Sewer Fee Study adopted by City Council Resolution on #05-18 on
January 18,2005.
25. STREET OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize
acreage charge of $112,274.00 for street oversizing improvements prior to the City signing the final Plat.
The amount was calculated as follows: 22.82 acres at $4,920.00 per acres. This charge was determined by
the Transportation Plan Fee Study adopted by City Council Resolution #05-18 on January 18, 2005.
26. SANITARY SEWER AND WATER CONNECTION CHARGE. The Developer shall pay
a sanitary sewer and water connection charge of $18,000 for connection to the sanitary sewer and water
systems prior to the City signing the final plat. Sewer Connection charge of $7,500.00 and water connection
charge of$10,500.00 as determined by lateral benefit.
27. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public a combination of
cash and land to satisfy the parkland dedication requirements for this Plat. This 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 if
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: 61.47 net acres X 10% equals 6.15 acres. As
part of Phase I, the Developer is dedicating 4.2 acres of land (3.46 acres of park and 0.74 acres of trail
corridor). This dedication is equal to 68% of the required land dedication. The remaining dedication shall
be satisfied by a cash dedication in lieu of land at the time Phase II is [mal platted. At that time, the
Developer shall be required to pay a Park and Trail Dedication Fee based on the following calculation: 32%
of 117 total units equals 37 units. The amount of the fee shall be based on the following calculation: 37
units X the fee per unit based on the Park and Trail Dedication Fee in effect at the time of the final platting
1:\06 files\06 subdivisions\finaI\enclave @ cleary lake\development contract draft.doc
Page I1
of Phase II. The Developer shall be responsible for grading the park and constructing the trail as detailed in
the construction plans.
28. STREET LIGHTS AND OPERA TIONAL 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.
29(a). LANDSCAPING fSinflle-Familv Residentian. 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 fmal
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.
29(b). LANDSCAPING fSDecial Providoml. Landscaping for this Plat shall comply with Plan D.
The cost of the landscaping requirements shall be provided by the Developer, subject to approval by the
City. Subject to approved Plan D, the Developer shall provide a financial guarantee of $264,084.00 based
on an amount equal to 125% of the estimated cost, as set out in Plan D, to furnish and plant the required
landscaping and irrigation system. The City shall maintain the Security for at least one (I) year after the
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 12
date the last replacement tree has been planted. At the end of such year, or such longer period as the City
determines to be reasonable, the portion of the Security equal to 125% of the estimated cost of the
replacement trees, which are alive and healthy may be released. Any portion of the Security not entitled to
be released shall be maintained and shall secure the Developer's obligation to remove and replant
replacement trees, which are not alive or are unhealthy, and to plant missing trees. Upon completion of the
replanting or planting of these trees, the Security shall be maintained for at least one (1) year after the date of
the replanting or planting of these trees. It: at the end of this period, all of the required trees are alive and
healthy, the entire Security may be released.
30. SECURITY. To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security") shall
be in the form attached hereto as Exhibit B, from a bank for $ 2,149,715.00. The amount of the Security
was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $ 385,280.00
Watermain $ 294,290.00
Storm Sewer $ 275,867.00
Streets/Sidewalksffrails $ 553,068.00
Grading and Erosion Control* $ 0.00
Landscaping $ 211,267.00
Tree Preservation and Replacement* $ 0.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $ 1,719,772.00
1:\06 files\06 subdivisions\final\enc1ave @ cleary lake\development contract draft.doc
Page 13
X 1.25
TOTAL FOR IRREVOCABLE LEITER OF CREDIT AMOUNT
$
2.149.715.00
* Provided as a separate Letter of Credit issued with the grading pennit. The total improvements including
grading is estimated as $ 2,627,010.00.
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 Security shall be for a tenn ending December 31, 2007 unless
otherwise approved by the City Engineer. The Irrevocable Letter of Credit shall automatically renew for
successive one-year tenns unless, at least forty-five (45) days prior to the next annual renewal date (which
shall be January 1st of each year), the Bank delivers written notice to the Prior Lake City Manager that it
intends to modify the tenns of, or cancel, the Irrevocable Letter of Credit. Written notice is effective if sent
by certified mail, postage prepaid, and deposited in the u.S. Mail, at least forty-five (45) days prior to the
next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle
Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date. 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 on the
Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to cure the default.
31. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required portions of the Developer installed improvements have been satisfactorily completed and fmancial
obligations to the City have been satisfied, the Security may be reduced by seventy-five percent (75%) of
the fmancial 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
1:\06 fi1es\06 subdivisions\fma1\enclave @ cleary 1ake\deve1opment contract draft.doc
Page 14
(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.
32. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$ 625,256.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%)* $ 105,080.00
City Construction Observation (5%)* $ 131,351.00
Trunk Stormwater Acreage Charge $ 63,668.00
Trunk Water Acreage Charges $ 125,510.00
Trunk Sanitary Sewer Acreage Charges $ 69,373.00
Street Oversize Acreage Charge $ 112,274.00
Sewer and Water Connection Charge $ 18,000.00
Park and Trail Dedication Fee (if in lieu ofland) $ 0.00
TOTAL CITY DEVELOPMENT FEES
$
625,256.00
*Based on total construction cost of $ 2,627,010.00 which includes grading. No administration or
observation fees were previously charged for the grading permit issued for this project.
1:\06 files\06 subdivisions\fmal\enclave @ cleary lake\development contract draft.doc
Page 15
33. 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 one (1) year.
The warranty period on Developer Installed Improvements shall commence on the date the City Council
adopts a resolution accepting the improvements. 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.
34. LIFT STA TION. The Developer is responsible for the installation of the proposed lift
station as designed by the City's consultant. The Developer is responsible for escrowing the design fees
associated with the lift station. The design fees are calculated as $26,000.00 based on a not to exceed
quotation given by the City's consultant. Any monies which were not utilized during the lift station
design will be returned to the Developer after the design has been completed and the fmal invoice is
submitted to the City. The lift station shall be constructed utilizing the City's standardized equipment.
No substitutions shall be permitted unless approved by the City Engineer in writing.
35. TRAILS. The Developer is responsible for the construction of all trails shown on PLAN
E. The Developer is responsible for coordinating the field location and inspection of the sub grade ofthe
trails with the City prior to placement of aggregate base. The City shall reimburse the developer
$1,000.00 for trail width oversizing (8 to 10 feet) along the west side oflot I, block 3 to the trail
intersection.
1:\06 files\06 subdivisions\tina1\enclave @ cleary lake\development contract draft.doc
Page 16
36. STREETSCAPING. The maintenance of all streetscaping (landscaping, lighting, and
signage located within the median) shall be the responsibility of the "Enclave at Cleary Lake
Homeowner's Association". Any costs associated damage to the streetscaping as a result of City
activities shall be the responsibility of the Homeowner's Association, including any repairs needed as a
result of snowplowing, utility repair, street repair, or any other activity. The City must approve the
language of the Homeowner's Association documents prior to [mal acceptance of the project. All
streetscaping is subject to approval of a private use of public right of way permit. The City reserves the
right to remove any streetscaping that poses health, safety, or access issues without reimbursement to
the Developer or Homeowners Association.
37. 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 one-hundred twenty-five percent (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
Page 17
interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of one-
hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance ofless than one-hundred dollars
($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.)
38. 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.
39. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, ''Event of Default" shall
include, but not be limited to, anyone or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all real estate property taxes and assessments with respect to the development property;
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations of this Development Contract; (3) failure by the Developer to observe or perform
any covenant, condition, obligation or agreement on its part to be observed or performed under this
Development Contract; (4) transfer of any interest in the Plat without prior written approval by the City
Council. (For the purpose of this paragraph 38) 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
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft. doc
Page 18
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) 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 39 of
this Development Contract, may take anyone 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 in this Plat.
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. Any fees incurred by the City associated with enforcing any of the provisions
set out in sections 1-7 above shall be the sole responsibility of the Developer.
1:\06 files\06 subdivisions\fmal\enclave @ cleary lake\development contract draft.doc
Page 19
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
40. 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:
815 Northwest Parkway, Suite 140, Eagan, Minnesota 55121. Notices to the City shall be in writing and
shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City
Manager at the following address: City of Prior Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota
55372-1714. Concurrent with providing Notice to the City, Notice(s) shall be served upon the City
Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan & Johnson, US Bank Plaza, 220 South Sixth
Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
41. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
1:\06 files\06 subdivisions\fmal\enclave @ cleary lake\development contract draft.doc
Page 20
42. 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 40 shall apply to said actions.
43. INSURANCE REOUlREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the
Developer Installed Improvements, public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death
shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property
damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of
$1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall
file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate shall
provide that the City must be given thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall
have expiration dates falling on June 30th or December 31 st of each year. Each insurance certificate shall
have the project name and City project number clearly shown.
44. 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
1:\06 files\06 subdivisions\fma1\enclave @ cleary lake\development contract draft.doc
Page 21
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.
45. SPECIAL PROVISIONS. The following special provisions shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat.
B. The Developer is required to submit the final Plat in electronic format. The
electronic format shall be compatible with the City's current software. In addition upon completion of the
project the Developer shall provide the City with as-built utility plans in electronic format compatible with
the City's current software and with layers, colors and line-types formatted in accordance with City
standards. Additionally three (3) full size (22x34 inch) paper copies and one (I) reduced (llxl7 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.
D. The Park and Outlots C, D, and E shall be dedicated to the City.
E. All stormwater ponds including the pond located in the Park are part of the
approved drainage plan for the entire project. This pond shall be reserved by the City for all phases of
the project regardless of ownership of the property for stormwater use in accordance with the approved
drainage plan. The drainage plan approval for the project shall remain with the property not the
Developer or property owner. All portions of future phases proposed to drain to these ponds have been
approved and memorialized as part of this developer's agreement and are thereby protected/guaranteed
in perpetuity by the City once constructed by the Developer and accepted by the City.
1:\06 files\06 subdivisions\tinal\enclave @ cleary lake\development contract draft.doc
Page 22
46. 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 which approval shall not unreasonably be withheld. 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.
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 23
F. Jurisdiction. This Development Contract shall be governed by the laws of the State
of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVE~
By. ~~
Its~ ~ ~~ ~Of~-t-
BY=-
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20-, by
Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA
COUNTYOF~
)
( ss.
)
by
1:\06 files\06 subdivisions\fina1\enc1ave @ cleary 1ake\deve1opment contract draft.doc
Page 24
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
e MICHELLE SCHOMMER
I NOTARY PUBLIC. MINNESOTA
MY COMMISSION ~
EXPIRES JAN. 31, 2010
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 25
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
MSP Area II, LLC, 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 otAort. (
, 2006.
fYl'S~ .Ar lP- U I t... u:-
~ ~~p~ '..ILL.
::r~ ~~~
~'l W-L
~ ~6 40/
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
JOAN N YOUNG
Notary Public
Minnesota
, My Commission Expires January 31, 2010
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 26
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
STATEOFMlNNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 27
CONTRACT PURCHASER CONSENT
TO
DEVELOP:MENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by
the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20-, by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\fmaJ\enclave @ cleary lake\development contract draft.doc
Page 28
\
~....~
i:\
';)35
,10
1/1
I
~
.,. -,_.._,-,._.._..._.__.._.._.._.~.;=-_.--_.
IC-
!
U~
~
~
3
()
Z
\II
III
~
i
~
~
ZI
';)35
,10
.,/~
l
"
"(
~
3
...
\
'"
\
~
~
\
~~
~-
i
\
\
\
\
\ r- \:-'
\ ~;\ i. ~~ -\
\ t.r;.I, \
i ' \.
\ L
\ ..~
\
\
\
!ll"
~l t..( ..
!t~ \!l \
il~ \~\ !~
~ \1'~ i~
~! tij, 1\
o
g
~
,
.J
L
I
L
THE ENCLAVE AT CLEARY LAKE
-I r--- 1 cr"'- 1 r-TLiO--11
II I , I ,
1:11 t;!, 4Id I
8 ~::~ 4 ,,! ~ 6 .:r ~ :8
1::- \'~ ,-, I\I~
II 4 <l: I I:
_.J L.. ~.~ ~..:: :...::-~-
........
INSET A
./
/
/,.,
. ././...
! //
I ..-,'
X"-
_..._//r.-...-...-...I \ pARK
i
~'f~1l
.......<n .....
...,--~ j--;-,u--l i--"-i
I" It I
: : 1:: i8 I;
I I 16 ~I ~ " , I:
II l"- I 1i
I:: :: II
. I :
-.... ....
DnInoIJI'cMUtllt1~"
--
....... ...., ... b..s \IPGft tM
S. ItM of'" 12. T. 1t4, R. 22.
......,. _ .. ...... ~ of
............
~1
~ ,S
__..1._-1 L_l..__
...........-...-
lot ~ ..... ....... IhoWn.
and 10"'''' width cModJOfI*!I
__~_...on.tMpIot.
o o.not- 1/2 Nt! by 1. t\ctl IrOn
pIpe~t_""~
ItyL,lolnlla........,mt.
10
,,. --.JIO
Feet
10 0
~"'--
Scal.
In
./
I /
/ /
/.. /
/ ..
/ ,-', I
/ /r;' /
/ .~}~ I
/ ,...! f
/ .-i'!# /
/:.J /
! !:.ll
/ .:~) /
/ ,'-;>/ /
/ ';::t /
I 1/
! I /
VI
i C.") I
I ,:~: I
I :-' I
i ,~: I
/ I
i I
i I
! I
I I
j I
i I
I I
I
I
l,.U I
wi
;;; ,
I
I i I
r-__n~_--_-t-----
I .. i .. I
I I I
I I I
I i I
;
j. r- l1.Cl'1 I
I :~ 5, ).'
I! fil
, .3,
L_ !'l!'!!1n._~J
r-- 14Uz -- ,
J ,\
I., ii,
:~ 1\'\
I \
~
A;
~
~
..
HEDI.UND
~ __ SZHlItE'IfN()
SHEET :5 OF . SHEElS
:i
~
,
"
1.
\
\
\
i
i
i
!
\
\
\
\
i
i
j
~ !
'"' i
\
\
!
i
i
',.
".
.,
.',.
.........
'-
'" ,
'..,.~'
"
.\
\.
\..
'.
i
i
I
L
THE ENCLAVE AT CLEARY LAKE
INSET B
.-:::-..:1.
I
~
I
~
~
>Ii-
i
~~ i~
.~
1-
t"C
~ !I
i
--+-
i
i
i
\
B
o o.now 1/2 ~ by'. ..... ""
,.. morunent .... _ maNed
IJJ L.IowlM Nurnbw 1431&.
horfng. "'"" en .... IIpOn l:M
S. 11M 011 s.a. 12. T. 114, R. 22-
=:-~...-n_ ~ 01
217.11
,
0raMge _ utIIty EaMmanta en
--
. II
__.L.J I...':L-
~ '::.: :.::: ~
en:! 10 ,.. .. .... .. -)**II
*-It1Ml_lhOM'Iantfwpklt.
~
~
?Z
r--r
.. .
"'- -.. -
Seal.
to
120 t.
,
root
In
HEDI.UND
I'f,ANNNQ E1iQNEl1i1N(1 stlRlICIfNC
SHEET 4 OF 4 SHEElS
~
EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (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.
(Name of Bank) ";
, dated
, 20_, of
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 November 30,20_.
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 November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms ot: or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the u.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber ofComrnerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 30
EXIllBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDmONAL INSURED: City of Prior Lake
AGENT:
WORKERS' COMPENSA nON:
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: .YES
1:\06 files\06 subdivisions\fma1\enclave @ cleary lake\development contract draft.doc
Page 31
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): ~
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities ~
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
1:\06 files\06 subdivisions\fmaI\enclave @ cleary lake\development contract draft.doc
Page 32
EXlDBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
1:\06 files\06 subdivisions\final\enclave @ cleary lake\development contract draft.doc
Page 33
EXlDBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
1:\06 files\06 subdivisions\final\enc1ave @ cleary lake\development contract draft.doc
Page 34
RYA
8700 13TH AVE. E.
SHAKOPEE, MN 55379
952-894-3200
I',T lSTIIIATE
PROJECT NAME: The Enclave at Cleary Lake
ENGINEER: Hedlund Engineering
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DESCRIPTION OF WORK QUANTITY UNIT ADJ. PRICE EXTENSION
Sanitary Sewer
8" PVC SDR 35 (or equivalent) 11'-16' Depth 3,432.10 LF $35.00 $120,123.50
8" PVC SDR 26 (or equivalent) 16' - 25' Depth 1,356.60 LF $57.00 $77,326.20
Standard MH w/Casting (8') 27.00 EA $2,500.00 $67,500.00
MH Overdepth (>8') 178.00 LF $103.00 $18,334.00
4" PVC Service (Ave. 40' Long) 2,240.00 LF $11.00 $24,640.00
4" PVC Riser 81.00 LF $11.00 $891.00
8" x 4" PVC Wyes 56.00 EA $125.00 $7,000.00
8" Plug 3.00 EA $75.00 $225.00
4" DIP Forcemain 2,212.00 LF $20.00 $44,240.00
Construct MH on ex 8" PVC 1.00 EA $25,000.00 $25,000.00
Total Sanitary Sewer $385,279.70
Watermaln
8" DIP Watermain CL. 52 7.5' (min.) 7,012.00 LF $26.00 $182,312.00
Fire Hydrant and Gate Valve 10.00 EA $2,900.00 $29,000.00
8" Gate Valve 15.00 EA $1,400.00 $21,000.00
Fittings 1,875.00 LB $4.50 $8,437.50
6" DIP CL. 52 120.00 LF $22.00 $2,640.00
1" Copper Service (Ave. 40'/Lot) 2,240.00 LF $12.50 $28,000.00
1" Corp. & Curb Stop 56.00 LF $275.00 $15,400.00
Connect to Ex. 8" DIP Stub 1.00 EA $7,500.00 $7,500.00
Relocate Ex. Hydrant 0.00 EA $2,500.00 $0.00
Total Watermain $294,289.50
Storm Sewer
15" RCP CL. V 0'-10' 1,582.70 LF $24.70 $39,092.69
18" RCP CL. V 0'-10' 1,469.20 LF $26.50 $38,933.80
21" RCP CL. IV 0'-10' 393.50 LF $32.20 $12,670.70
24" RCP CL. III 0'-10' 321.10 LF $34.60 $11,110.06
27" RCP CL. III 0'-10' 410.50 LF $46.20 $18,965.10
36" RCP CL. III 0'-10' 1,020.90 LF $67.70 $69,114.93
15" FES wlTrash Guard 1.00 EA $900.00 $900.00
18" FES wlTrash Guard 3.00 EA $950.00 $2,850.00
36" FES wlTrash Guard 1.00 EA $1,950.00 $1,950.00
Rip Rap 27.00 CY $90.00 $2,430.00
27" CBMH (w/Casting Assembly) 3.00 EA $1,100.00 $3,300.00
CB 2' x 3' (w/Casting Assembly) 9.00 EA $1,450.00 $13,050.00
48" STMH (w/Casting Assembly) 3.00 EA $1,750.00 $5,250.00
48" CBMH (w/Casting Assembly) 12.00 EA $1,750.00 $21,000.00
60" CBMH (w/Casting Assembly) 6.00 EA $2,650.00 $15,900.00
60" STMH (w/Casting Assembly) 1.00 EA $2,650.00 $2,650.00
72" CBMH (w/Casting Assembly) 2.00 EA $3,100.00 $6,200.00
72" Sediment Trap STMH (w/Casting Assembly) 1.00 EA $4,000.00 $4,000.00
48" Sediment Trap CBMH (w/Casting Assembly) 1.00 EA $2,700.00 $2,700.00
48" Skimmer MH (w/Casting Assembly) 1.00 EA $3,800.00 $3,800.00
Total Storm Sewer $275,867.28
Page 1 of6
48 Street Construction
49 6" CL. 5 Aggregate Base
50 Subgrade Preparation
51 Raise Structures MH's - Twice
52 Raise Structures GV's - Twice
532.5" Bituminous MnDot 2331 Base
54 Tack Coat (.05 gal./SY)
55 1.5" Bituminous MnDot 2341 Wear
56 5' Wide 6" Thick Concrete Sidewalk
57 MnDot 2341 Wear @ 2.5" for 8' wide Bit Path
58 6" CL. 5 Base for 8' Wide Bit Path
59 4" CL. 5 Base for 5' wide Concrete Sidewalk
60 Prefabricated Truncated Dome for Peel Ramp
61 Mountable Concrete Curb & Gutter
62 Inlet Protection ( Silt Fence Box) ( NOT WIMCO )
63 2' Granular Borrow
64 Street Sign
65 Stop Sign
66 Tum Lane Sign
67 Temp. Barricades
68 Total Street Construction
69
70 Gradina & Excavatina
71 Erosion Control HD
72 Erosion Control Regular
73 Demolition (inc. septic systems & wells)
74 Clearing & Grubbing (area)
75 Common Excavation (includes hold down)
76 Topsoil Strip 1st (1.0 FT)
77 Topsoil Respread (0.5 FT)
78 Subgrade Correction
79 Muck Excavation
80 Seed, Mulch, Disc Anchor
81 Sod, Type Lawn
82 Wetland Seeding (BWSR Type 1 Mix or equal
83 Rock Entrance
84 Fiber Blanket
85 Grading Bond
86 Mobilization
87 Total Grading & Excavating
88
89 Turn Lane Construction
90 6" Subgrade Preparation
91 Aggregate Base 8" CL. V - sand and gravel
92 Bituminous MnDot 2.0" 2331 Base
93 Tack Coat (.05 gal./SY)
94 Bituminous MnDot 2.0" 2331 Binder
95 Bituminous MnDot 1.5" 2341 Wear
96 Sawcut Existing Bituminous
97 Mill Edge atter Sawcut 1.5" deep and 1.5' wide
98 Sign (Street, Stop, Regulatory, etc.)
99 Striping & Pavement Marking
100 Shoulder Replacement 2.0' wide
101 Total Tum Lane Construction
102
103
104 RECAP
105
106 Total Sanitary Sewer
107 Total Watermain
108 Total Storm Sewer
109 Total Street Construction
110 Total Grading & Excavating
111 Total Tum Lane Construction
112
4,880.00 TN $12.50 $61,000.00
15,890.00 SY $0.65 $10,328.50
26.00 EA $0.01 $0.26
15.00 EA $0.01 $0.15
2,120.00 TN $38.40 $81,408.00
770.00 Gal. $2.00 $1,540.00
1,280.00 TN $40.50 $51,840.00
1,615.00 SY $29.00 $46,835.00
590.00 TN $45.00 $26,550.00
1,630.00 TN $15.00 $24,450.00
580.00 TN $15.00 $8,700.00
9.00 EA $400.00 $3,600.00
8,082.00 LF $9.00 $72,738.00
34.00 EA $75.00 $2,550.00
19,960.00 TN $7.80 $155,688.00
5.00 EA $195.00 $975.00
5.00 EA $195.00 $975.00
2.00 EA $195.00 $390.00
10.00 EA $350.00 $3,500.00
$553,067.91
3,600.00 LF $1.90 $6,840.00
2,400.00 LF $1.60 $3,840.00
1.00 LS $65,000.00 $65,000.00
4.50 AC $3,650.00 $16,425.00
251,500.00 CY $1.90 $477,850.00
50,600.00 CY $1.70 $86,020.00
42,500.00 CY $1.50 $63,750.00
40,000.00 CY $2.80 $112,000.00
2,000.00 CY $2.80 $5,600.00
37.50 AC $465.00 $17,437.50
2,100.00 SY $2.50 $5,250.00
1.00 AC $1,500.00 $1,500.00
1.00 EA $1,500.00 $1,500.00
3,250.00 SY $1.30 $4,225.00
1.00 LS Not Included $0.00
1.00 LS $40,000.00 $40,000.00
$907,237.50
1,430.00 SY $4.00 $5,720.00
655.00 TN $18.30 $11,986.50
180.00 TN $41.60 $7,488.00
145.00 Gal. $2.00 $290.00
180.00 TN $41.60 $7,488.00
135.00 TN $45.00 $6,075.00
1,378.00 LF $2.50 $3,445.00
1,378.00 LF $1.75 $2,411.50
2.00 EA $150.00 $300.00
1.00 LS $2,000.00 $2,000.00
1,570.00 LF $3.75 $5,887.50
$53,091.50
$385,279.70
$294,289.50
$275,867.28
$553,067.91
$907,237.50
$53,091.50
Page 2 of6
113 Combined Grand Total
114
115
116
117
118
$2,468,833.39
TOTAL PROJECT COST
$2,468,833.39 ~
Qualifications
All sections are tied
Performance or payment bonds are not included
Maintainence bond is included
Surveying is not included
Soil Tesing is not included
Handling of buried debris is not included
Handling of hazardous material is not included
Asbestos testing or removal is not included
Tree clearing to be paid by the actual in field measurement in acreage
Handling offrozen soils is not included
Please feel free to contact me anytime should you have any questions or concerns.
Repsectfully submitted,
Ryan Contracting Co.
Tyler E. Enright
Vice President
Date
Page 3 of 6
EXlllBIT "F"
TO
DEVELOPMENT CONTRACT
CONDmONS OF PLAT APPROVAL
1. A current title opinion or commitment oftitle insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x II" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides fmancial security, acceptable to the City Engineer prior to release of the
final plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by , will render the fmal
plat null and void.
1:\06 files\06 subdivisions\tinal\enclave @ cleary lake\development contract draft.doc
Page 35
PERMIT AGREEMENT FOR
PRIVATE USE OF PUBLIC PROPERTY
TIllS AGREEMENT is made and entered into this..zL'day of P-opr: f
20oe.., by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation
(hereinafter referred to as "City"), and f>"" Ik ~o& Hl"""e~, (a
,." ilf"~~ cPr:~..J,,'.v'\) (hereinafter referred to as "Owner").
RECITALS
WHEREAS, Owner is the fee owner ofa tract of land in Scott County,
Minnesota, located at Trailhead Lane and County Road 87, Prior Lake, Minnesota and
described as follows:
The Enclave at Cleary Lake First Addition
(hereinafter referred to as "Owner's Property"); and
WHEREAS, the City is the owner of property, legally described as follows:
The median located in the Trailhead Lane right-of-way immediately west of
County Road 87 (hereinafter referred to as "Pennit Property")
WHEREAS, Owner wishes to use the Pennit Property for an entry
monument sign, lighting and streetscaping; and
WHEREAS, Owners have requested the City to authorize continued use of the
Pennit Property for monument signage, lighting and landscaping purposes; and
WHEREAS, such continued use of the Pennit Property is not inconsistent with
current use of the property by the City and the public; and
WHEREAS, the City may in the future desire to use the Pennit Property for other
purposes which are not consistent with Owners use of the Pennit Property, and therefore
the City intends to retain all of its right, title, and interest in the Penn it Property;
L:\06 FILES\06 SUBDNISIONS\FINAL\Enclave @ Clemy Lake\Private Use Agreement (3).doc
1
NOW, THEREFORE, the parties agree as follows:
1. Permit. Owners shall be permitted to use the Permit Property for
monument signage, lighting, and landscaping purposes at Owner's sole expense and risk,
and with full knowledge that the City may, upon notice as provided herein, require
Owner's monument signage, lighting and landscaping to be removed from the Permit
Property at any future date, at Owner's sole expense. The Permit Property must be kept
open to the public use at all items, and no fence or other obstruction may be placed on the
Permit Property without the prior written approval of the City, which may be given or
withheld in the sole discretion of the City.
2. Maintenance of Permit Property: Modification. Owner shall maintain the
Permit Property in good condition at all times, at their sole cost and expense. If Owner
fails to do so, the City may cause the necessary repair or maintenance to be done at
Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs
against Owner's Property.
Owner shall not make any modifications to the monument sign, lighting or
landscaping or otherwise modify the Permit Property without the prior written approval
of the City, which may be given or withheld in the sole discretion of the City.
3. Termination. In the event the City desires to use the Permit Property for a
purpose which is inconsistent with monument sign, lighting and landscaping use by
Owner, to be determined in the City's sole discretion, or in the event Owner fails to
comply with any requirement of this Agreement within sixty (60) days after receiving a
notice from the City requesting such compliance, the City through its City Manager may
terminate this Permit Agreement by giving ninety (90) days written notice oftermination
to Owner by certified mail at the following address: 815 Northwest Parkway, Eagan, MN
55121. Such notice may, at the City's option, require Owner to completely remove the
monument sign and landscaping from the Permit Property within said ninety (90) day
notice period, including all debris. If this Permit Agreement is terminated by the City as
provided herein, Owner will be solely responsible for all costs and expenses related to
construction of a monument sign and landscaping which is located on Owners Property,
in accordance with all City Ordinances.
If Owner fails to remove the monument sign, lighting and landscaping as required
by a proper notice of termination, the City may cause the removal to be done and the
costs of such work shall be paid by Owner. If Owner fails to pay the City for such costs,
the City may assess the costs against the Owner's Property.
4. Consent to Special Assessment. Owner hereby acknowledges and
consents to the City's right to specially assess any costs incurred by the City for any
repair or maintenance performed pursuant to Paragraph 2 of this Permit Agreement, or
any costs incurred by the City to remove Owner's monument sign, lighting and
landscaping from the Permit Property pursuant to Paragraph 3 of this Permit Agreement.
L:\06 FILES\06 SUBDMSIONS\FINAL\Enc1ave @ Clelll)' Lake\Private Use Agreement (3).doc
2
Owner waives any right to protest or appeal any special assessment levied pursuant to
this Permit Agreement.
5. Future Development. Owner understands and acknowledges that the City
may utilize the Permit Property at some future date and in the sole discretion of the City.
In the event the City undertakes such development, and if this Permit Agreement is not
terminated by the City as provided above, Owner agrees to cooperate to the extent
practicable to use its best efforts to accommodate City's use of the Permit Property for
the purposes stated herein. However, Owner specifically acknowledges City has the
absolute right to terminate this agreement or otherwise require Owner to discontinue
Owner's use of the Permit Property, in which case Owner may be denied access to
Owner's property. If such should occur, Owner will have no recourse against City,
including actions for diminution in value or a taking without compensation.
6. Indemnity. Owner shall defend, indemnify, and hold harmless the City
and its employees, subcontractors, attorneys, agents, and representatives from and against
all claims, damages, losses, costs and expenses, including attorney's fees, which may be
incurred by or asserted against the City or for which the City may be held liable, which
arise out of or result from use of the permit Property for monument sign and landscaping
purposes, including but not limited to the maintenance, repair or removal of Owner's
monument sign and landscaping, except liability caused solely by the negligence of the
City.
7. Insurance. As long as this Permit Agreement is in existence, Owner shall
maintain a general liability insurance policy which provides coverage for the Permit
Property for any damage to property of others or injuries to persons. Said insurance
policy shall provide coverage on an occurrence basis in an amount no less than One
Million Dollars ($1,000,000), and shall include contractual liability coverage to provide
coverage for the indemnification provision in Paragraph 6 above. Said policy shall name
the City as an additional insured, and shall contain a clause which provides that the
insurer will not cancel, non-renew, or materially change the policy without first giving
the City thirty (30) days prior written notice. Owner shall provide the City with a
Certificate ofInsurance for said policy which specifically details the conditions of this
Paragraph 6.
8. Waiver of Claims. Owner acknowledges City's ownership of the Permit
Property and knowingly waives any and all claims against the City related to Owner's
use of the Permit Property, including but not limited to claims of abandonment,
diminution in value, takings and contractual claims arising out of this Permit Agreement,
except any claims which are the result of the sole negligence or willful misconduct of the
City or its employees or agents.
9. Condition ofProoertv. Owner accepts the Permit Property "as is" and the
City makes no warranties regarding the conditions of the Permit Property or the
suitability of Permit Property for Owner's purposes.
L:\06 FILES\06 SUBDMSIONS\FINAL\Enclave @ Cleary Lake\Private Use Agreement (3).doc
3
10. Binding Effect. This Permit Agreement shall run with the land and shall
be binding on and inure to the benefit of the parties hereto, their heirs, successors, or
assigns.
11. Whole Agreement: Modifications. This Permit Agreement contains all of
the terms and conditions relating to the permit granted herein, and replaces any oral
agreements or other negotiations between the parties relating to the permit. No
modifications to this Permit Agreement shall be valid until they have been placed in
writing and signed by all parties hereto.
12. Recordation. Owner shall cause this Permit Agreement to be recorded in
the Office of the Scott County Recorder at their cost and expense.
IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of
the date first above written.
CITY OF PRIOR LAKE
OWNER(S)
Jack G. Haugen, Mayor
~ - (..1-,..a.e
b.~ .->" 't:>,euc..("'P~ 1"
By:
Frank Boyles, City Manager
By:
STATE OF MINNESOTA)
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by Jack G. Haugen and Frank Boyles, The Mayor and City Manager, respectively of the
City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City
Council.
Notary Public
STATE OF MINNESOTA)
)ss
COUNTY OF )
~~~o~: :relen' was ~~~re me this 2B: day of ~ ~~~ .1-
20!)o, by and , the D\ \t ~ 'l.f\ - J
L:\06 FILES\06 SUBDMSIONS\FINAL\Enclave @ Clemy Lake\Private Use Agreement (3).doc
4
and ~ tf8rl:ff1tIl\D~Y Of~l 0 Jc... th~
(corporation/partnership).
, on behalf ofthe
e MICHELLE SCHOMMER
NOTARY PUBLIC. MINNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2010
Notary Public
L:\06 FILES\06 SUBDIVISIONS\FINAL\Enclave @ Cleary Lake\Private Use Agreement (3).doc
5
PLANT SCHEDULE
:I:rn ~~..~' .
, ;:'" '"~,.,.
Tilias:...~eslire'
m
"
2.~ IN. BB
ORNAM~~I TRtr I~TY.~:==y
t
""
1 ""I " 1
." ""
. 1 " 1
OTY. PLAlIT rYPE
l:.VERGR..:~ lKl:.I:.S 16 IE...t:u:,,:~~e
1
Swamp White Oak
2.5"8&B
Allegheny ServiceberJy
2.S"8&B
1"","oIM",."
.un' hGti""IoIi1'Pnr.ceo*"_'
liW. au. S1....
3 Prince of Whales Juniper
.2 Cont. 2.5' C.C.
14 Annuals
V8I1es (350 SF)
Little Bluestem Grass
#1 Cont.1.5'O.C.
Autumn Blaze Maple
2.5" B&B
Green Spire Linden
2.!5"S&8
Allegheny ServiceberJy
2.5"B&8
Cardinal Dogwood
..Cant.
6 Eastern White Pine
6'8&8
P_By:
~~
~r
DSU
Prepered For:
20 10 0
~
SC,t,LE
Onlwlng Tille,
300fIRSTAVENSUlTE210
MINNEAf'OUS,MN55401.2609
TEl.; 6123393300
FAX: 612.337.5601
:;"~~~
The w". it 9muldoe
815 Northwesl Parkwiy5uite 140
Eagan,MNS5121
651-452-5200
(ontact:T1naGoodfOad
tgOOdroadOpuhe.com
~
The Enclave
at Cleary Lake
Landscape Planting Plan
~
NORTH
"
,
rEET
Prior Lake
Minnesota
Planting Plan
CERTIFICATION
I HEflEBy CERTFY THAT THIS PUH. SPECll'lCATlON.
0fI REPORT WM PREPARED BY ME OFllMDER MY
OIRECTSUPERVISIOHAfC)~TIIlMAOIA.Y
REGISTERED I..ANOllCAPE ARCHITECT lNlER THE
LAWS Of'THE STATE OF MNESOTA.
JOHN CIA JNE COE
MTE:~"'REG.HO.~
SURVEY BY: HedllMclE~
DESIGNED BY: SMW
DRAWN BY:
CHECKED BY:
DATE: April 13,2lXl5
PROJECT NO.: 4452.7
SUBMITTAL: SlAlMITTAL
No. Date Revlsloml
Sheet Num.:
@~~-2~~~ SHEET 5 OF 14