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_08 03 2020 City Council Agenda Packet
For the Water Fund: For the Sewer Fund: Water Fund 2020 2021 2022 2023 2024 2025 Cash by Purpose For future capital improvements 1,647,067 1,804,019 1,810,727 823,584 884,835 1,049,158 For following year pay-go capital 2,068,750 931,500 949,240 2,295,730 1,310,979 1,261,640 For private streets replacement 5 - 188,400 228,336 269,869 313,064 357,987 For 3-months of operating cash 639,290 663,903 683,239 697,789 712,583 727,735 For following year debt service 4 735,350 747,525 779,100 784,300 789,000 791,950 Ending Cash 5,090,457 4,335,346 4,450,642 4,871,272 4,010,460 4,188,469 Total Average Number of Customer Bills 9,377 9,502 9,637 9,772 9,897 10,022 Total Water Volume Billed (1,000 of gallons)653,489 667,676 677,396 687,116 696,116 705,116 High Volume Customer (78,000 gallons)4.9%5.4%1.5%1.5%1.5%1.5% Medium Volume Customer (18,000 gallons)4.6%-12.0%1.5%1.5%1.5%1.5% Low Volume Customer (8,000 gallons)4.2%-1.5%1.5%1.5%1.5%1.5% Average Annual % Change in Water Bill for Billing Period 1 Sewer Fund 2020 2021 2022 2023 2024 2025 Cash by Purpose For future capital improvements 63,396 1,587,714 1,618,614 1,498,053 1,378,310 1,270,677 For following year pay-go capital 1,499,750 1,020,200 875,240 1,148,230 1,209,979 1,261,096 For private streets replacement 5 - 188,400 228,336 269,869 313,064 357,987 For 3-months of operating cash 766,260 785,357 887,867 932,416 979,227 1,028,929 For following year debt service 169,650 274,332 264,700 262,050 259,200 254,825 Ending Cash 2,499,055 3,856,003 3,874,757 4,110,618 4,139,779 4,173,513 Total Average Number of Customer Bills 9,224 9,349 9,484 9,619 9,744 9,869 Total Sewer Volume Billed (1,000 of gallons)545,433 552,933 561,033 569,133 576,633 584,133 High Volume Customer (47,000 gallons)14.1%10.6%2.0%2.0%2.0%2.0% Medium Volume Customer (12,000 gallons)12.5%-11.4%2.0%2.0%2.0%2.0% Low Volume Customer (7,000 gallons)11.2%-0.7%2.0%2.0%2.0%2.0% Average Annual % Increase for Fees and Charges 1, 4 Stormwater Fund 2020 2021 2022 2023 2024 2025 Cash by Purpose For future capital improvements 667,498 601,767 769,343 709,237 769,816 612,319 For following year pay-go capital 325,000 292,000 60,000 295,000 183,000 407,500 For private streets replacement 3 - - - - - - For 3-months of operating cash 186,173 187,103 191,013 195,008 199,092 203,266 For following year debt service - - - - - - Ending Cash 1,178,671 1,080,870 1,020,356 1,199,246 1,151,908 1,223,085 Total Average Number of Residential Equivalent Units Billed 9,225 9,350 9,485 9,620 9,745 9,870 Per Residential Equivalent Unit 10.0%1.0%1.0%1.0%1.0%1.0% Average Annual % Increase for Fees and Charges 2020 Budget: Proposed for Year 2021: 2020 Budget: Proposed for Year 2021: Water Services Sewer Services Capital Improvement Plan City of Prior Lake, Minnesota Contact 2021 2025thru Department Fire Description Engine #9221 was purchased in 1996. Per the City’s Equipment Replacement Plan, this vehicle was scheduled to be replaced after 25-years of service and has been planned for replacement since the city’s 2011-2022 adopted Capital Improvement Program(CIP). As was the council’s original direction when the replacement plan was created, we have retained this piece of equipment to garner the longest possible useful life. The Equipment Replacement Plan was created as a budgeting tool to assist in financial planning for major expenditures and to help moderate the annual fleet replacement budget. The goal is to replace equipment in a timely and cost-effective manner. This engine is currently 24-years old (in 2020) and in need of replacement. The Fire Department found with the last engine replacement, that the build time took 20 months which extended the service life of engine #9220 to 27 years. The Fire Department expects a similar build time for this replacement which would extend the service life of engine #9221 to 27 years. Project #FD-9221 Justification As the needs of the fire department have grown over the years, so has the equipment they need to do their jobs. This has required that additional equipment be added to the existing engine. The weight of the truck has been impacted as a result and there has been a history of the brakes being undersized for the current weight. In addition, due to the age of the truck it is becoming increasingly difficult to find parts to perform maintenance which causes extended out of service time. The replacement engine will be designed as a rescue engine which allows for additional equipment to be carried. This allows the Fire Department to perform several tasks that would normally require several other vehicles and manpower to facilitate. This is the same design that was used in the replacement of engine #9220 in 2018 and has been found to be extremely efficient. The engine is and has been part of the Capital Improvement Program for some time. As directed by previous city councils the staff has sought to retain equipment as long as possible before replacing. That is why we have retained this equipment for 25 rather than 20 years. We have previously saved money by refurbishing Fire vehicles. This practice was evaluated for this equipment but is not feasible since the chassis, transmission, drive train and engine would have to be upgraded to provide the needed carrying capacity. Budget Impact/Other The annual adopted Capital Improvement Program(CIP) has included the City's plan to fund this equipment purchase with bond proceeds. Useful Life 25 years Project Name 1996 Peterbilt Pumper Category Equipment: FD-Apparatus Type Equipment Total Project Cost:$740,000 Total20212022202320242025Expenditures 740,000740,000Equip/Vehicles/Furnishings 740,000 740,000Total Total20212022202320242025Funding Sources 740,000740,000410-Equip. Replacement Fund 740,000 740,000Total Friday, May 29, 2020Page 1Produced Using the Plan-It Capital Planning Software Andy Brotzler Cathy Erickson Kelly Horn 2021-2025 CAPITAL IMPROVEMENT PROGRAM Transportation Plan and Utility Funds August 3, 2020 2021-2025 CIP Schedule June 15 -Capital Plans Review I •Equipment •Park Equipment •Facilities •Technology Plan August 3 -Capital Plans Review II •Utility Funds –Financial Plans •Transportation Plan •Financial Impacts November 16 -Public Hearing and Adopt 2021-2025 CIP 2021-2025 CIP Schedule •Utility Study Completed by Northland Public Finance in 2019 •Serves as a guide for the financial management of the water and sanitary sewer systems 2021-2025 CIP Schedule Utility Funds Financial Management Plan 5 Study Objectives: Utility Funds Financial Management Plan 6 Study Objectives: Utility Funds Financial Management Plan 7 •67% Water Costs and 47% of Sewer Costs are Fixed (not dependent on water & sewer usage/volume) •Only 10% of Water and 11% of Sewer Revenues are derived from fixed fees/charges Utility Funds Financial Management Plan 8 Study Provided Base Rates Targets: Utility Funds Financial Management Plan 9 Water Fund: Utility Funds Financial Management Plan 10 Sewer Fund: Water Fund Sample Water Bill 11 Water Fund Financial Management Plan 12 Water Fund 2020 2021 2022 2023 2024 2025 Cash by Purpose For future capital improvements 1,647,067 1,804,019 1,810,727 823,584 884,835 1,049,158 For following year pay-go capital 2,068,750 931,500 949,240 2,295,730 1,310,979 1,261,640 For private streets replacement 5 - 188,400 228,336 269,869 313,064 357,987 For 3-months of operating cash 639,290 663,903 683,239 697,789 712,583 727,735 For following year debt service 4 735,350 747,525 779,100 784,300 789,000 791,950 Ending Cash 5,090,457 4,335,346 4,450,642 4,871,272 4,010,460 4,188,469 Total Average Number of Customer Bills 9,377 9,502 9,637 9,772 9,897 10,022 Total Water Volume Billed (1,000 of gallons)653,489 667,676 677,396 687,116 696,116 705,116 High Volume Customer (78,000 gallons)4.9%5.4%1.5%1.5%1.5%1.5% Medium Volume Customer (18,000 gallons)4.6%-12.0%1.5%1.5%1.5%1.5% Low Volume Customer (8,000 gallons)4.2%-1.5%1.5%1.5%1.5%1.5% Average Annual % Change in Water Bill for Billing Period 1 Sewer Fund Sample Sewer Bill 13 Sewer Fund Financial Management Plan 14 Sewer Fund 2020 2021 2022 2023 2024 2025 Cash by Purpose For future capital improvements 63,396 1,587,714 1,618,614 1,498,053 1,378,310 1,270,677 For following year pay-go capital 1,499,750 1,020,200 875,240 1,148,230 1,209,979 1,261,096 For private streets replacement 5 - 188,400 228,336 269,869 313,064 357,987 For 3-months of operating cash 766,260 785,357 887,867 932,416 979,227 1,028,929 For following year debt service 169,650 274,332 264,700 262,050 259,200 254,825 Ending Cash 2,499,055 3,856,003 3,874,757 4,110,618 4,139,779 4,173,513 Total Average Number of Customer Bills 9,224 9,349 9,484 9,619 9,744 9,869 Total Sewer Volume Billed (1,000 of gallons)545,433 552,933 561,033 569,133 576,633 584,133 High Volume Customer (47,000 gallons)14.1%10.6%2.0%2.0%2.0%2.0% Medium Volume Customer (12,000 gallons)12.5%-11.4%2.0%2.0%2.0%2.0% Low Volume Customer (7,000 gallons)11.2%-0.7%2.0%2.0%2.0%2.0% Average Annual % Increase for Fees and Charges 1, 4 Stormwater Fund Sample Sewer Bill 15 2020 Total Fee 16.57 2021 Total Fee 16.74 % Increase 1.0% Stormwater Customers Stormwater Fund Financial Management Plan 16 Stormwater Fund 2020 2021 2022 2023 2024 2025 Cash by Purpose For future capital improvements 667,498 601,767 769,343 709,237 769,816 612,319 For following year pay-go capital 325,000 292,000 60,000 295,000 183,000 407,500 For private streets replacement 3 - - - - - - For 3-months of operating cash 186,173 187,103 191,013 195,008 199,092 203,266 For following year debt service - - - - - - Ending Cash 1,178,671 1,080,870 1,020,356 1,199,246 1,151,908 1,223,085 Total Average Number of Residential Equivalent Units Billed 9,225 9,350 9,485 9,620 9,745 9,870 Per Residential Equivalent Unit 10.0%1.0%1.0%1.0%1.0%1.0% Average Annual % Increase for Fees and Charges Combined Impact –All Funds Sample Bill 17 Customers High Volume Customer Medium Volume Customer Low Volume Customer Gallons Water Billed for Billing Period 78,000 18,000 8,000 Gallons Sewer Billed for Billing Period 47,000 12,000 7,000 Stormwater REU 1 1 1 2020 Capital Facility Charge 10.00 10.00 10.00 Water 497.63 93.40 42.90 Sewer 185.33 49.18 29.73 Stormwater 16.57 16.57 16.57 Total Fee 709.53 169.15 99.20 2021 Base Fee - Water & Sewer 37.00 37.00 37.00 Capital Facility Charge - - - Water 509.88 66.64 27.20 Sewer 193.45 31.00 17.50 Stormwater 16.74 16.74 16.74 Total Fee 757.07 151.38 98.44 % Increase 6.7%-10.5%-0.8% Multi-Family Residential - Water and Sewer ◼Usage Rates –Water: $5.00 per 1,000 gallons –Sewer: $3.50 per 1,000 gallons ◼Base Rates –Varies; Dependent on the number of multi-family units on property Private Street Utility Surcharge Utility Financial Plans – Next Steps September 2020 Council Approves Preliminary Utility Fund Budgets December 2020 Council Approves 2021 Rate Structure and Utility Rates 1st Quarter 2021 Implement New Rate Structure and Utility Rates 3rd Quarter 2021 Implement New Utility Billing Software System Transportation Plan Transportation Plan Map Street Overlay Plan 23 •Assumes tax levy per current CIP •No annual project for 2021-2023 to build fund balance 2020 2021 2022 2023 2024 2025 PIR Fund (F450) Use of Funds: Street Overlay Project 758,000$ -$ -$ -$ 300,000$ 500,000$ Transfer to Debt Service Funds 280,000 287,000 319,000 239,000 131,000 48,000 Total Use of Funds 1,038,000$ 287,000$ 319,000$ 239,000$ 431,000$ 548,000$ Sources of Funds: Special Assessment Revenue 190,000 173,000 166,000 126,000 87,000 61,000 Bond Proceeds 258,000 163,200 50,000 90,000 Tax Levy 80,000 120,000 155,000 190,000 225,000 240,000 Interest Earnings 7,000 1,000 4,000 4,100 5,500 4,400 Total Source of Funds 535,000$ 457,200$ 325,000$ 320,100$ 367,500$ 395,400$ Change in Fund Balance (503,000) 170,200 6,000 81,100 (63,500) (152,600) Beginning Fund Balance 559,000$ 56,000$ 226,200$ 232,200$ 313,300$ 249,800$ Ending Fund Balance 56,000$ 226,200$ 232,200$ 313,300$ 249,800$ 97,200$ Financial Impacts Annual projected total CIP tax levy by component 2021 2022 2023 2024 2025 Equipment Revolving Fund 650,000 700,000 750,000 800,000 850,000 Revolving Park Equip Fund 375,000 405,000 440,000 485,000 535,000 Facilities Management Fund 80,000 105,000 140,000 165,000 190,000 PIR Fund 120,000 155,000 190,000 225,000 240,000 Debt Service 3,559,808 3,769,033 3,767,796 3,741,240 3,895,099 Total CIP Tax Levies 4,784,808 5,134,033 5,287,796 5,416,240 5,710,099 2021-2025 CIP Tax Levies: Projected CIP Tax Levy Debt Projection 25 Debt Projection 26 Debt Projection 27 28 The tax levy and debt service impacts of the CIP have been incorporated into the long- range financial plan. Next steps: •Proposed utility rates incorporated into 2021 Preliminary Budgets •Budget Workshop –September 8, 2020 •September 21 –Adopt Preliminary Budgets and Preliminary Tax Levy •CIP Public Hearing –November 16, 2020 Council Discussion 29 Questions/Discussion CHECK REGISTER FOR CITY OF PRIOR LAKE 1/6Page: 07/24/2020 02:16 PM User: Janet DB: Prior Lake CHECK DATE FROM 07/11/2020 - 07/24/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date Bank 1 General Bank 661.63 2020 Dental ClaimsDELTA DENTAL000272136133(E)107/13/2020 4,889.59 2020 HRA ClaimsMEDICA000133256134(E)107/13/2020 14,277.58 Jul 2020 Electric BillsMN VALLEY ELECTRIC000137386135(E)107/15/2020 1,047.16 Jul 2020 Electric BillsSHAKOPEE PUBLIC UTILITIES000193886136(E)107/15/2020 2,400.00 Jun 2020 Animal Control4 PAWS ANIMAL CONTROL LLC000067986137(A)107/17/2020 6,899.24 Annual Preventative Door MaintenanceAUTOMATED DOOR SERVICE INC000274196138(A)107/17/2020 2,150.00 PD Garage Door Repair 9,049.24 640.00 CF54 DockBAYCOM INC000269696139(A)107/17/2020 416.00 DEV19-000017 Haven Ridge 3rd AddnBOLTON & MENK INC000026376140(A)107/17/2020 272.00 Hidden View Pond 3,447.50 DEV19-000006 Meadow of Cleary Lake 2,402.50 DEV16-000001 Summit Preserve 1 1,190.00 Summit Preserve 2 Const Observ DEV16-000 6,157.50 CR 21 Entry Monument Const Support 13,885.50 237.56 Fuel FilterBOYER FORD TRUCKS INC000027106141(A)107/17/2020 56.38 Fuel Filter 112.76 Fuel Filter 37.52 5 ton fuel filter 102.03 Fuel Filter 546.25 48.50 Recharge Fire ExtinguishersCENTRAL FIRE PROTECTION000033006142(A)107/17/2020 1,125.00 Aug 2020 CIT Managed BackupCOMPUTER INTEGRATION TECH000037606143(A)107/17/2020 1,762.50 Aug 2020 Managed Services 1,660.00 Jul 2020 Office 365 4,547.50 793.00 Repair PartsCORE & MAIN000273286144(A)107/17/2020 4,458.00 Lake Lift St Pump #1 RepairELECTRIC PUMP000231206145(A)107/17/2020 1,798.50 Hickory Shores Lift St Pump #1 Repair 1,798.50 Hickory Shores Lift St Pump #2 Repair 8,055.00 72.66 LED Strobe lampEMERGENCY AUTOMOTIVE TECH INC000054806146(A)107/17/2020 120.30 6398 lap top mount 344.23 New squads map lights 537.19 125.86 Sign BoltsFASTENAL COMPANY000061406147(A)107/17/2020 35.00 Kes - Business CardsINNOVATIVE OFFICE SOLUTIONS LLC000271496148(A)107/17/2020 16.00 Refund PERA Life Ins PremiumJOHN SCHMIDT000273656149(A)107/17/2020 150.00 Jun 2020 PD Counseling ServicesLEAST SERVICES/COUNSELING LLC000276136150(A)107/17/2020 381.50 Ryan Park Lock RepairLOCKSAFE 000108556151(A)107/17/2020 79.73 3280 deck roller MTI DISTRIBUTING INC000139516152(A)107/17/2020 263.24 3280 deck blades CHECK REGISTER FOR CITY OF PRIOR LAKE 2/6Page: 07/24/2020 02:16 PM User: Janet DB: Prior Lake CHECK DATE FROM 07/11/2020 - 07/24/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 426.39 8504 Front and rear rim (7.30)Return Spacer 762.06 69.58 MileageNICHOLAS ZURBEY000266456153(A)107/17/2020 1,414.24 Jun 2020 Repair PartsO'REILLY AUTO PARTS000150886154(A)107/17/2020 122.50 PE Annual RenewalPETER YOUNG000250236155(A)107/17/2020 1,620.00 1st & 2nd Qtr 2020 MDT State AccessSCOTT COUNTY000192126156(A)107/17/2020 766.96 AsphaltWM MUELLER & SONS INC000236456157(A)107/17/2020 103.50 Applewood Point WCA ReviewWSB & ASSOCIATES INC000237806158(A)107/17/2020 228.00 Spring Lake Lofts WCA Review 304.00 Fountain Hills 2nd WCA Review 715.50 Pond Assessment Report 407.50 Spring Lake Lofts WCA Review 38.00 May 2020 WCA LGU 152.00 Pike Lake Tr Culvert Replacement 1,948.50 778.08 Fuel island maintenance ZAHL-PETROLEUM MAINTENANCE CO000261256159(A)107/17/2020 482.00 8472 Pelican main broomZARNOTH BRUSH WORKS INC000262006160(A)107/17/2020 360.00 Jul 2020 HRA Admin FeeMEDICA000133256161(E)107/14/2020 572.56 Jun 2020 Merchant Card FeesTRANSFIRST000206936162(E)107/14/2020 86.00 Jun 2020 COBRA Admin FeeALERUS000013756163(E)107/20/2020 1,995.50 2020 Dental ClaimsDELTA DENTAL000272136164(E)107/20/2020 4,604.43 2020 HRA ClaimsMEDICA000133256165(E)107/20/2020 340.01 Jun 2020 Fuel TaxMN DEPT OF REVENUE000136126166(E)107/20/2020 4,072.00 Jun 2020 Sales Tax 4,412.01 2,308.38 Jul 2020 Phone BillsNUVERA000193046167(E)107/20/2020 46.84 Jun 2020 COBRA Admin FeesDELTA DENTAL000272136168(E)107/21/2020 1,042.19 Jun 2020 Admin Fees 1,089.03 68.90 Jul 2020 Admin FeesFURTHER000135046169(E)107/22/2020 310.00 Cardinal Overlook BOLTON & MENK INC000026376171(A)107/24/2020 56.08 Fuel FilterBOYER FORD TRUCKS INC000027106172(A)107/24/2020 1,000.00 Lakefront Days SponsorshipCHAMBER OF COMMERCE000033706173(A)107/24/2020 83.96 Stihl Advance X-Vent Helmet SystemCONCRETE CUTTING & CORING000037856174(A)107/24/2020 83.96 Stihl Advance X-Vent Helmet System 167.92 708.00 Magnetic LocatorCORE & MAIN000273286175(A)107/24/2020 178.86 Gate Valves 886.86 9,380.00 Annual Lift Station InspectionsELECTRIC PUMP000231206176(A)107/24/2020 1,000.00 Reclaim/Sludge Pumps Annual Inspections 2,953.40 Wear Rings 13,333.40 CHECK REGISTER FOR CITY OF PRIOR LAKE 3/6Page: 07/24/2020 02:16 PM User: Janet DB: Prior Lake CHECK DATE FROM 07/11/2020 - 07/24/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 114.45 Frazer - ShirtsGALLS LLC000070756177(A)107/24/2020 231.00 Frazer - Pants 345.45 54.26 8310 unit numbers GRAFIX SHOPPE000076156178(A)107/24/2020 3,140.00 Website DesignGRANICUS LLC000277926179(A)107/24/2020 7,207.00 Water Treatment ChemicalsHAWKINS INC000083126180(A)107/24/2020 21,033.48 Water Treatment Chemicals 28,240.48 80.36 AA, AAA BatteriesINNOVATIVE OFFICE SOLUTIONS LLC000271496181(A)107/24/2020 9.28 Folders 89.64 1,390.32 GravelKRAEMER MINING & MATERIALS INC000053656182(A)107/24/2020 269.72 Repair PartsMTI DISTRIBUTING INC000139516183(A)107/24/2020 442.09 504 Front tire 316.63 524 repair 599.43 525 PTO Drive Shaft Assembly (34.66)Return Thermoswitch 1,593.21 65.46 Coarse Washed SandPENTAGON MATERIALS INC000274266184(A)107/24/2020 3,150.00 Field Striping PaintPIONEER ATHLETICS000163706185(A)107/24/2020 80.78 Plow truck solenoid TERMINAL SUPPLY COMPANY000202706186(A)107/24/2020 48.56 Plow truck solenoid 129.34 1,000.00 Rebate Report GO Bonds 2015ATHE ARBITRAGE GROUP INC000269896187(A)107/24/2020 494.72 AsphaltWM MUELLER & SONS INC000236456188(A)107/24/2020 109.44 Asphalt 387.20 Asphalt 436.74 Sand 1,428.10 50.59 762 Heater element WOLF MOTOR CO INC000236756189(A)107/24/2020 91.33 543 Wiper motor 141.92 405.50 2019 Watermain ProjectWSB & ASSOCIATES INC000237806190(A)107/24/2020 1,737.00 TRN20-000001 Fish Pt Road Eng Svcs 5,600.00 SWAMP Development 3,083.25 Glasgow Trail Drainage Study 172.00 GIS AMS 964.25 Carriage Hills Roundabout Lighting 3,098.75 Pond Assessment Report 1,422.00 Glasgow Trail Drainage Study 863.75 Chatonka Heights Survey 2,800.00 SWAMP Subscription 3,870.25 Development Plan Review 24,016.75 CHECK REGISTER FOR CITY OF PRIOR LAKE 4/6Page: 07/24/2020 02:16 PM User: Janet DB: Prior Lake CHECK DATE FROM 07/11/2020 - 07/24/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 590.00 Generator Battery RepairADVANCED POWER SERVICE INC00027572106407107/17/2020 571.03 CleatsAMERICAN MUSCLE DOCKS & FABRICATION00026897106408107/17/2020 519.08 TiresBAUER BUILT INC00002145106409107/17/2020 270.00 2nd Qtr 2020BCA/STATE OF MINNESOTA00002933106410107/17/2020 367.00 Jul 2020 Mtce Center RefuseBUCKINGHAM COMPANIES00002919106411107/17/2020 310.93 Jul 2020 Mtce Center Refuse 677.93 300.74 Jul 2020 Phone BillsCENTURY LINK00021220106412107/17/2020 1,847.76 AsphaltCOMMERCIAL ASPHALT CO00003710106413107/17/2020 1,003.80 Channel PostsEARL F ANDERSEN INC00005175106414107/17/2020 1,250.00 Concrete Adj RingESS BROTHERS & SONS INC00005785106415107/17/2020 239.78 Stock battery FACTORY MOTOR PARTS COMPANY00006020106416107/17/2020 712.77 PesticidesFARMERS MILL & ELEVATOR INC00027632106417107/17/2020 3,249.35 Water Meter PartsFERGUSON WATERWORKS #251600006231106418107/17/2020 292.10 HelmetFIRE EQUIPMENT SPECIALTIES INC00006455106419107/17/2020 1,752.00 Squad tires GOODYEAR COMMERCIAL TIRE00007510106420107/17/2020 360.70 Jeep weathertech floor mats JEFF BELZER'S CHEVROLET00010350106421107/17/2020 2,500.00 19-0685 5701 Meridian Way NELENNAR HOMESMISC-CD106422107/17/2020 2,500.00 19-0947 5672 Apex Way NE 5,000.00 24.00 Jul 2020 Go To Meeting LicenseLOGMEIN INC00026895106423107/17/2020 24.00 Jun 2020 Go To Meeting License 48.00 34,442.10 Jun 2020 SAC ChargesMETROPOLITAN COUNCIL-SAC00013406106424107/17/2020 774.90 May - Jun 2020 Random Drug TestingMN OCCUPATIONAL HEALTH00027099106425107/17/2020 600.00 Tech Village Fast Track MarketingNEON LIZARD CREATIVE GRAPHIC DES 00027584106426107/17/2020 1,260.00 2020 Pre-Pay - Lower ShopO'CONNELL OIL CO00015054106427107/17/2020 1,622.25 2020 Pre-Pay - 4280 140th Street 2,882.25 37.95 CR 21/Hwy 13 Ribbon Cutting SuppliesSAM'S CLUB00019036106428107/17/2020 448.14 Financial StatementSOUTHWEST NEWSPAPERS00019676106429107/17/2020 222.00 E Coli TestingUC LABORATORY00021235106430107/17/2020 275.60 Fuel Filter, Motor OilUNITED RENTALS INC00023195106431107/17/2020 99.00 Use of Force Online TrainingUS BANK00002105106432107/17/2020 202.79 ARArmorer's Kit 64.58 Wireless Keyboard/Mouse 161.06 Cake - CR21/Hwy 13 Ribbon Cutting 48.80 Meeting w/JW, ZB 45.38 Meeting w/JW, KB 27.33 Meeting w/JW, KB 28.12 Weed Killer - Comm Garden 91.27 Goldammer - Retirement Cake 162.89 O'Donnell - SWATUniform Shirts 80.41 Misc Office Supplies 7.85 Cleaning Supplies 300.00 Pizza - Goldammer Retirement 25.77 Jul 2020 Go To Meeting License 102.99 Insect Rellant 332.87 Chalk Fest Easels 175.00 Barstad - Annual Membership CHECK REGISTER FOR CITY OF PRIOR LAKE 5/6Page: 07/24/2020 02:16 PM User: Janet DB: Prior Lake CHECK DATE FROM 07/11/2020 - 07/24/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 487.00 Barstad - Directors School 10.00 Test Parking Meter 5.00 Test Parking Meter 1,319.97 Chalkfest Crowd Control Barriers 378.95 Pickleball Court Nets 75.69 Building Code Book 29.89 Employee Appreciation 375.00 Ley - DMT-G Basic 375.00 Ritter - DMT-G Basic 15.85 Key Ring, Flashlight Holder 47.98 Boonie Hats 45.01 Long Sleeve Camo Shirt 67.49 Long Sleeve Shirt 71.99 Camo Cargo Pants 251.94 Mask, Pants, Duffel Bag 101.94 Flash Drives 703.70 SWAT Equipment 72.90 Dinner - Officer Training 6,391.41 99.98 Motorola Radio BatteriesUS BANK00002105106433107/17/2020 0.99 50GB iCloud Storage 16.10 HDMI Adapter 42.94 HDMI Adapter 55.00 Stamps 53.04 Vinyl Permit Holders 108.00 Subscription Renewal 249.65 City Council Worksession 75.11 Council Chambers Video Light 106.00 Sneeze Guard - Absentee Voting (375.00)Refund - Ley - DMT-G Basic 431.81 4,345.42 Jul 2020 Cell Phone BillsVERIZON WIRELESS00001315106434107/17/2020 55.00 Jul 2020 Shredding ServiceVETERAN SHREDDING LLC00027643106435107/17/2020 810.00 No Parking SignsVOSS SIGNS LLC00022885106436107/17/2020 330.00 Pavilion RefundALLISON LAMBERTREFUND-REC106437107/24/2020 3,500.00 Site Testing - VFWAMERICAN ENGINEERING TESTING INC00026961106438107/24/2020 6,999.10 Site Testing - VFW 10,499.10 145.75 12V, 120V BatteriesBATTERIES PLUS00002130106439107/24/2020 1,176.96 TiresBAUER BUILT INC00002145106440107/24/2020 778.62 Tires 1,955.58 340.24 Jul 2020 Mtce Center RefuseBUCKINGHAM COMPANIES00002919106441107/24/2020 1,000.00 Tree Removal - 14655 Maple Trail SECOLLINS TREE CARE00003670106442107/24/2020 2,400.00 Tree Removal - 5848 Moonlight Way NE 3,400.00 2,107.26 AsphaltCOMMERCIAL ASPHALT CO00003710106443107/24/2020 2,297.62 Title - 2020 Ford Explorer #15509DRIVER & VEHICLE SERVICES00004610106444107/24/2020 2,297.62 Title - 2020 Ford Explorer #15510 CHECK REGISTER FOR CITY OF PRIOR LAKE 6/6Page: 07/24/2020 02:16 PM User: Janet DB: Prior Lake CHECK DATE FROM 07/11/2020 - 07/24/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 4,595.24 2,320.00 Pressure Reducing ValvesFERGUSON WATERWORKS #251600006231106445107/24/2020 2,717.00 Water Meter Supplies 5,037.00 261.17 Cairns Metro Rachet Kits With PadsFIRE EQUIPMENT SPECIALTIES INC00006455106446107/24/2020 25.00 Schroeder - Wellness TrainingHENNEPIN COUNTY00027844106447107/24/2020 41,045.30 #13 (Final) TRN18-000001 2018 Street RecHESELTON CONSTRUCTION00027362106448107/24/2020 4,717.13 TIF 1st Half 2020JORDAN REAL ESTATE PARTNERSHIP00010820106449107/24/2020 4,725.00 Five Hawks RepairKRUEGER EXCAVATING00011828106450107/24/2020 330.00 429 Spare burner parts LAURSEN ASPHALT REPAIR EQUIPMENT 00027735106451107/24/2020 30.00 Recycle FiltersLOE'S OIL COMPANY00012728106452107/24/2020 765.83 Trash LinersMARS SUPPLY00027801106453107/24/2020 2,000.00 Legislative RepresentationMESSERLI & KRAMER00027771106454107/24/2020 1,200.00 CJIS Advisory SubscriptionMN SECURITY CONSORTIUM00027843106455107/24/2020 90.00 Shelter RefundNICOLE GEYENREFUND-REC106456107/24/2020 3,150.00 Stormwater Utility Planning & Model UpdaNORTHLAND SECURITIES INC00014775106457107/24/2020 6,930.00 2019 Annual TIF Reporting 10,080.00 55,585.41 TIF 1st Half 2020OLD NATIONAL BANK00016770106458107/24/2020 309.45 Ticketwriter Paper PAPER ROLL PRODUCTS00027205106459107/24/2020 5,000.00 5562 Candy Cove Trail SEPEBBLE CREEK CUSTOM HOMESMISC-CD106460107/24/2020 7,230.45 TIF 1st Half 2020PREMIERE DANCE ACADEMY00016573106461107/24/2020 91,059.74 TIF 1st Half 2020PRIOR LAKE LEASED HOUSING ASSOC LLP00027496106462107/24/2020 4,327.00 1st Half 2020 Tax AbatementPRIOR LAKE REVIVAL00027658106463107/24/2020 2,500.00 19-0999 14365 Epperson Circle NEPULTE HOMES OF MINNESOTAMISC-CD106464107/24/2020 2,500.00 20-0036 4968 Trillium cove NE 2,500.00 19-1149 14291 Ferndale Avenue NE 7,500.00 8,257.58 Emerald Ash Borer TreatmentRAINBOW TREECARE00018150106465107/24/2020 320.00 Double Ground HardwoodROCK HARD LANDSCAPE SUPPLY00018571106466107/24/2020 11,054.46 2020 Safety TrainingSAFEASSURE CONSULTANTS INC00019016106467107/24/2020 275.60 Traffic Control SignsSAFETY SIGNS00019024106468107/24/2020 17,556.18 2nd Qtr 2020 Court FinesSCOTT COUNTY ATTORNEY00019232106469107/24/2020 314.83 Goose RepellentSITEONE LANDSCAPE SUPPLY00027716106470107/24/2020 1,500.00 Return Bulk Water Meter #70359564SM HENTGES & SONS LLCREF WA MTR106471107/24/2020 330.00 Ballistic PlateSTREICHERS00019900106472107/24/2020 49.20 Jul 2020 Phone BillT-MOBILE00026962106473107/24/2020 34,932.56 Squad #7102NTENVOORDE FORD00027759106474107/24/2020 34,932.56 Squad #7101N 69,865.12 100.00 Water Efficiency RebateTOM HUNTINGTONREFUND-MSC106475107/24/2020 6,439.00 1st Half 2020 Tax AbatementVERSATILE VEHICLES INC00027427106476107/24/2020 4,191.34 City Logo SignsWAUSAU TILE INC00023230106477107/24/2020 24.80 Hwy 13/CR 21 Street LightingXCEL ENERGY00014720106478107/24/2020 1 TOTALS: 621,457.80 Total of 129 Disbursements: 0.00 Less 0 Void Checks: 621,457.80 Total of 129 Checks: RAVENCTNEBLUEBIRDTRLNEDOVECTNE CHATONKATRLNEROSE W O O D R D N E BEACH ST NE LowerPriorLake Scott County GIS Ü Distinctive Shores - 5035 Beach Street NE Final Plat Location Map UP PER PR IO R LA K EGD(90 4) SPR I NG L AK EGD(91 2.8 ) LO WER P RI O R LA KEGD(90 4) PI KELAK ENE(82 0.5 ) MY ST ICLAK ENE HA ASLAK ENE(90 7.3 ) BLI N DLAK ERD(94 8.7 ) AR TI CLAK ENE(90 6.7 ) MA RK LE YLAK ERD( ) HO WAR D LA KENE(95 7.3 ) CR YST AL LA K ENE(94 3.3 ) CA MP BE LLLAK ENE(N ot E stab. ) 456781 456712 456777 456744 456717 456718456742 456727456782 456716456778456721 456714 456783 456773 456779 456770 456715 456769 -A13 Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY 0 50 100150200Feet Page 1 DEVELOPMENT AGREEMENT DISTINCTIVE SHORES PROJECT #20-000006 This Development Agreement (“Agreement”) is entered into this 3rd day of August, 2020, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Distinctive Land Development LLC, a limited liability company (“Developer”). WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of Scott, legally described on Exhibit A (“Property”); WHEREAS, Developer has applied to the City for Final Plat approval for the construction of 6 residential units on the Property; NOW, THEREFORE, in consideration of the City adopting Resolution No. ______ (“Resolution”) for Final Plat approval for the construction of 6 residential units and the related public improvements on the Property, Developer agrees to construct, develop and maintain the Property as follows: 1. RIGHT TO PROCEED. The City shall not issue a grading or building permit and Developer shall not grade or otherwise disturb the earth, remove trees, develop, construct upon or maintain the Property in any manner, or begin the Development Work until all of the following conditions have Page 2 been satisfied: 1) the final Plat and this Agreement have been fully executed by all parties and recorded within 30 days in the office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary Security, 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; or as otherwise approved by the City. 2. PHASED DEVELOPMENT. This Agreement represents approval only of the units identified above and the related improvements set forth on the final Plat and Plans. It does not represent approval of any additional development including any proposed future phases. If the final Plat is a phase of a multi-phased preliminary Plat, the Developer shall submit, in accordance with City Code, a staging plan for City Council approval which may allow the Developer more than one (1) year to subdivide the Property into lots and blocks. If the final Plat is a phase of a multi-phased preliminary Plat, the City may refuse to approve final plats of subsequent phases or other Plats within the City if the Developer has breached this Agreement or any terms or conditions set out in the Resolution and the breach has not been remedied. In addition, no other subsequent phases may proceed until the City approves development agreements 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 final 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. 3. DEVELOPMENT PLANS. A. The Property shall be developed in accordance with the final plans identified below, subject to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein. If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply. The Plans are: Page 3 Plan A -- Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by Probe Engineering Inc.) subject to the changes and modifications set forth in the Resolution. Plan B -- Final Grading, and Erosion Control Plan(s) including Storm Water Pollution Prevention Plan (“SWPPP”) as stamped approved by the City Engineer or his/her designee (Prepared by Probe Engineering Inc.) Plan C -- Plans and Specifications for Developer Installed Improvements as stamped approved by the City Engineer or his/her designee (Prepared by Probe Engineering Inc.) Plan D -- Landscape Plan as stamped approved by the City Community Development Director or his/her designee (Prepared by Pioneer Engineering Inc.) B. In addition, Developer shall grade, construct upon, and improve the Property pursuant to all requirements of this Agreement, the Resolution, the Prior Lake City Code, the City's Public Works Design Manual (“PWDM”), the City Manager of his/her designee, or as otherwise approved by the City. All improvements and other work required by the Plans, the Developer Installed Improvements, and such other work as is required by this Agreement, the Resolution or the parties identified above are hereafter referred to as the "Development Work." Developer shall be responsible for all costs related to the Development Work. 4. DEVELOPER INSTALLED IMPROVEMENTS. A. The Developer shall install and pay for the following public improvements which shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Developer Installed Improvements”: Sanitary Sewer System, Water System, Storm Sewer, Streets, Concrete Curb and Gutter, Street Lights, Site Grading and Ponding, Underground Utilities, Traffic Control Signs, Street Signs, Setting of Iron Monuments, Sidewalks, Trails, and Boardwalks, Landscaping and Wetland Buffer Signage. B. Developer shall complete all Developer Installed Improvements and obtain the City’s written acceptance of the Developer Installed Improvements no later than November 1, 2021, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed by August 31st, of the first summer after the base layer of asphalt has been in place for one freeze-thaw cycle. Page 4 C. As a condition of the City’s acceptance of the Developer Installed Improvements, the Developer’s engineer shall by written letter certify to the City that the Developer’s engineer made reasonable inspections of the Developer Installed Improvements and that the Developer Installed Improvements were built in accordance with this Agreement. D. Prior to acceptance of the Developer Installed Improvements by the City, Developer shall post maintenance bonds (or other acceptable security), in a form acceptable to the City, naming the City as obligee, which secure all warranties identified in this Agreement. These maintenance bonds shall be in addition to, and not in lieu of, the Security required by this Agreement. E. Upon the City’s written acceptance, by City Council Resolution, of the Developer Installed Improvements, the Developer Installed Improvements shall automatically become property of the City without further notice or action. The Developer shall be responsible for all maintenance until written acceptance by the City of the Developer Installed Improvements. F. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Developer Installed Improvement. 5. 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 Plans. 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. 6. FINAL PLAT AND AS-BUILTS. A. Within 60 days after the completion of the Developer Installed Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. In addition, Developer shall Page 5 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 Security shall not be released until the as-builts have been received 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 Developer shall also submit a land tabulation certified by a registered engineer showing that all pads have been corrected in accordance with project specifications. B. The Developer shall 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. 7. MONUMENTS. Before the Security is released, Developer shall install iron monuments in accordance with Minn. Stat. §505.021. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. WARRANTY. Developer warrants all Developer Installed Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the replacement. Page 6 9. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a non-revocable license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property. 10. EROSION CONTROL. A. Developer shall be responsible for constructing and maintaining all grading, storm water/drainage infrastructure, and erosion control in compliance with the Plans, the City Engineer’s requirements, and the individual building/grading plan for each specific lot, until the later of: (i) such time as the City has accepted the Developer Installed Improvements in writing; or (ii) until each specific lot is sold. B. Developer shall install silt fence prior to lot construction to avoid erosion to adjoining properties, public sidewalk or the public street; locate all garbage roll offs and dumpsters, or cause the same to be located, on the Property and not on public property; and install protection at catch basins to prevent silt and debris from entering the storm sewer. C. Developer shall seed or lay cultured sod in all boulevards and restore all other areas disturbed by the Development Work within thirty (30) days of the completion of street related improvements. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP. No building permits will be issued until the Developer has installed silt-fence behind the curb of all buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment. D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented by the Developer and inspected and approved by the City Engineer. 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 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. Page 7 E. No development, utility or street construction will be allowed unless the Property is in full compliance with the erosion control requirements. 11. CONSTRUCTION ACCESS. Construction access for grading activities is restricted to a temporary access drive directly from Carriage Hills Parkway; no construction access for grading activities is permitted on Beach Street NE and Bluebird Trail NE. All other construction access (non-grading construction activities) is restricted to Carriage Hills Parkway NE, Beach Street NE, and Bluebird Trail NE. No construction traffic is permitted on other adjacent local streets. 12. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS. A. Wetland Buffer Signage must be installed around all wetland areas prior to the issuance of any building permits, except permits for model homes, within the Property and in accordance with the requirements of the Public Works Design Manual (Part III, Hydrology Rules). B. A temporary or permanent Certificate of Occupancy shall not be issued for any building on the Property until water and sanitary sewer improvements have been installed and the streets have been completed and the first lift of bituminous has been placed across the frontage of the lot and said improvements have been inspected and determined by the City to be available for use. C. Notwithstanding any other provision of this Agreement, the City will issue a building permit for up to three (3) model home single family homes and associated temporary parking lot upon Developer’s compliance with the following requirements: (1) approval of the building plans by the Building Official; (2) approval of a site survey for the model home(s) and parking lot(s) by the City Planner, and (3) presence of a paved street within 300 feet of a model home and presence on said paved street of a fire hydrant within 300 feet of a model home and approval by the Fire Chief. 13. CONSTRUCTION OBSERVATION. The City’s authorized personnel shall provide construction observation during the installation of the Developer Installed Improvements in accordance with the PWDM. These services by the City shall include: Page 8 A. Construction observation during installation of required Developer Installed Improvements, which include grading, sanitary sewer, water main, 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, water main and storm sewer facilities. The Developer’s Engineer is responsible for data collection and preparation of as-built record plans. 14. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS. A. Developer shall convey to the City, through dedication in the final Plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to all of the following: (i) the property encompassing all Developer Installed Improvements, (ii) property necessary for all public and private connections and access to all Developer Installed Improvements, (iii) property for streets, sidewalks and trails identified in paragraph 4; (iv) property for park dedication identified in paragraph 15 and (iv) all other property interests, conveyance of which is required by this Agreement. B. Developer shall obtain the City Engineer’s written approval of the form of the conveyance documents and the location of all easements or fee title conveyances required by this Agreement. C. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated Property. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title; (ii) that Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any Page 9 other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances; and (iii) that to the best of its knowledge, Developer warrants that no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. E. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs, that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. 15. PARK DEDICATION AND PLANS OR PARK DEDICATION FEES. Prior to the release of the final Plat, Developer shall pay cash park fees as to all the Property as required by City Code in effect as of the date of the plat approval, as specified in Exhibit B. 16. FEES. Developer shall pay the fees set forth in Exhibit B prior to any work occurring on the Property. Such fees may include but are not limited to the following: A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on construction cost estimates to reimburse the City for such costs. Any costs incurred by the City in excess of the Administrative Fee shall be the responsibility of the Developer. B. Construction Observation Deposit. Developer shall make a cash deposit with the City for construction observation. Any costs incurred by the City in excess of the deposit shall be the responsibility of the Developer. City shall invoice to the Developer for such costs and Developer shall pay all such invoices within ten (10) days of receipt. Any balance remaining after the City’s final acceptance of the Developer Installed Improvements shall be returned to the Developer. Page 10 C. Tree Preservation and Replacement. D. Trunk Storm Water Acreage Charge. E. Trunk Water Acreage Charge. F. Trunk Sewer Acreage Charge. G. Street Oversize Charge. H. Utility Connection Charge. I. Street Light Operational Costs. 17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance of all platted lots on the Property (with the exception of outlots upon which no improvements are anticipated until some future phase of development), including but not limited to mowing and weed control, sidewalk clearing (ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and other maintenance issues for which the Developer receives notice from the City Manager or his/her designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time as the City has accepted the Developer Installed Improvements in writing; or (ii) until each specific lot is sold. 18. OVERSIZING. Oversizing is the construction of a Developer Installed Improvement to City specifications that exceeds those that would be required of the Developer in order to serve additional development. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage facilities, and road improvements. If the City Engineer determines that oversizing is required, the City shall reimburse the Developer for the costs associated with this work. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is based upon a cost estimate by the City Engineer as determined by an engineer’s estimate or contractors bid to be provided by the Developer and application of the City's Assessment Policy based on a final engineering design as described in Exhibit B. Page 11 19. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision Ordinance, each residential lot on the Property must have at least two (2) front yard trees. The City shall not issue a building permit for a lot until two (2) front yard trees are planted or retained and a cash escrow or letter of credit for the lot in question’s landscaping is provided to the City. The City shall not issue a certificate of occupancy for a lot until the front yard, boulevard, and side yards to the rear of every structure have been sodded, weather permitting. If the required landscaping is not installed, the City is granted a right of entry to enter upon the lot and install the landscaping using the escrowed funds or letter of credit. Upon satisfactory completion of the landscaping on the lot, the escrowed funds less any draw made by the City, shall be returned to the person who deposited the funds with the City. 20. LANDSCAPING (Special Provisions). Landscaping for the Property shall comply with Plan C. Developer shall warrant all required trees, whether the trees are to be retained or planted, for one (1) year from the later of: (i) the planting of the tree; or (ii) the issuance of a certificate of occupancy to the lot upon which the tree is located. A tree replaced under this warranty shall be warranted an additional year (1) year from the date of the planting of the replaced tree. In additional to all other security required under this Agreement, Developer shall provide to the City a cash escrow or letter of credit in the amount specified as 125% of the total project landscaping estimate to secure the planting and retainage of the required trees and to secure this warranty. If Developer fails to plant or retain the required trees or fails to comply with this warranty, the City may draw upon the escrowed funds or letter of credit to plant or replace required trees. Developer may periodically request reductions of the escrowed funds or letter of credit and the City may approve such a request in an amount of the value of each healthy tree for which the warranty has expired as determined by the City. No tree plantings shall be placed within five (5) feet of a sanitary sewer, storm sewer, or water main line. All plantings permitted in public right-of-way/boulevard areas shall be placed a minimum four (4) feet behind the curb, be of deciduous species (no coniferous species), and be located outside of a fifty (50) foot sight triangle at street corners. Page 12 21. SECURITY. A. To guaranty compliance with the terms of this Agreement, Developer shall furnish the City an irrevocable letter of credit or other security deemed acceptable to the City in the following amounts: i. 125% of projected costs for the Developer Installed Improvements as certified to by a registered engineer and approved by the City Engineer or his/her designee. ii. 125% of projected costs for the grading, drainage, wetland and erosion control plan, including storm water calculations from proposed impervious surfaces as certified by a registered engineer and approved by the City Engineer or his/her designee. iii. 125% of projected costs for the landscape plan, as certified by a registered engineer and approved by the City Engineer or his/her designee. B. This breakdown is for historical reference; it is not a restriction on the use of the Security. C. The irrevocable letter of credit or other security deemed acceptable to the City is referred to throughout this Agreement as the “Security.” The Security shall be in the form attached hereto as Exhibit C, from a bank approved by the City. The bank shall be authorized to do business in the State of Minnesota. The Security shall extend through completion and acceptance (including the expected warranty period) by the City of the Development Work. D. In the event that Developer fails to comply with the terms of this Agreement, the City may draw on the Security in whole or in part without notice by delivering or mailing by certified mail to the issuer a statement identifying the amount of the draw and reason for the draw. In addition, if the Development Work is not completed at least 30 days prior to the expiration of the Security, the City may draw on the Security in the same manner. The City shall not be under any obligation to cure any breach of the terms of this Agreement with the proceeds from the Security, but may, at the City’s sole option, cure the breach or retain the proceeds from the Security until Developer cures the breach. In the event the breach is fully cured by Developer, the City shall then release to Developer such retained draw proceeds, less any expenses incurred by the City as a result of the breach (including but not limited to engineer’s, attorney’s, and other consultant fees and costs). Page 13 E. If the City makes a draw on the Security, Developer shall immediately replenish the Security to an amount then sufficient to cure any breach plus 125% of the cost of all Development Work then remaining for which the Security was required. F. The City may, from time to time, and only if Developer is otherwise in compliance with all terms of the Agreement, approve a reduction in the amount of the Security based upon work completed and approved by the City Engineer or his/her designee, except that the City may, at all times, maintain the Security in an amount equal to 125% of the actual projected costs for all remaining Development Work for which the Security was required as determined by the City Engineer or his/her designee and 25% of the value of the completed Development Work for which the Security was required. In any event, the City may maintain a minimum 5% of the value of the actual projected costs throughout the warranty period and until the maintenance bonds described in paragraph 8 have been accepted and approved by the City. In the event that maintenance bonds are not submitted, the City may maintain a minimum 25% of the of the value of the actual projected costs throughout the warranty period. 22. CLEAN UP AND DAMAGE: A. Developer assumes full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of the Property. Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place on the Property. B. Developer shall clean the streets every day or as required by the City Engineer. C. Developer agrees that any damage to public property occurring as a result of construction activity on the Property shall be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on the Page 14 Property shall be repaired within 14 days if not deemed to be an emergency by the City. 23. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the Property. Any work related to roads, trails, drainage, and utility improvements, which are specified herein to occur on land outside the Property, shall occur exclusively within the appropriate easement boundaries for such work. In no event shall any work performed by Developer or Developer’s contractors and subcontractors interfere with other properties, right-of-ways, or easements. 24. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property during construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 72 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be reasonably determined by the City Manager or a designee. 25. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 26. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein, Developer shall pay all costs incurred by it or the City in conjunction with the development of the Property, including, but not limited to, legal, planning, engineering, design, development, construction, clean up, repair, easement and land acquisition, and inspection expenses incurred in connection with (i) review, approval, denial, and Page 15 implementation of zoning, CUP, platting, site and building plan, and any other reviews, approvals, or denials by the City and any other reviewing authority; (ii) the Developer Installed Improvements; (iii) the Property; (iv) the preparation and review of the Agreement and other documents referred to in the Agreement or related to the Development Work; and (v) enforcing the terms of this Agreement. Developer shall pay in full all bills submitted to it by the City, in accordance with this Agreement, within 30 days after receipt. 27. DEVELOPER'S DEFAULT. A. Definition. In the context of this Agreement, “Event of Default” shall include, but not be limited to, any one or more of the following events: (1) failure by the Developer to pay in a timely manner, all fees, charges, taxes, claims and liabilities, including but not limited to all real estate property taxes, utility charges, and assessments with respect to the development property; (2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms, conditions and limitations of this Agreement; (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 Agreement; (4) transfer of any interest in the Property 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 or to pay when due the payments required to be paid or secured in connection with this Agreement; (7) failure by the Developer to renew the Security at least thirty (30) 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 the required Security; (11) a breach of any provision of this Agreement; (12) If any representation made by Developer in this Agreement, is inaccurate, either when made or at a later date; (13) Failure by Developer to pay its debts as they become due, the voluntary or involuntary filing of a petition in bankruptcy, an assignment by Developer for the benefit of its Page 16 creditors, or the appointment of a receiver for (a) Developer; (b) all or any substantial portion of Developer’s assets; (c) the Property; or (14) If Developer is in default under any mortgage or other pledge, guaranty or security agreement.. B. Event of Default - Remedies. Whenever an Event of Default occurs, the City may take any one or more of the following actions: 1. The City may suspend its performance under this Agreement. 2. 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 Agreement. 3. 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 Agreement or to enforce performance and/or observance of any obligation, agreement or covenant of development under this Agreement. 4. 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. 5. Suspend the release of any escrowed dollars. 6. 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 property; 7. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the Property and cure the default, including but not limited to, completion of the Development Work. When the City does any such work all costs incurred by the City in performing such work shall be recoverable by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its Page 17 other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes Section 429.081. C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of Default not less than 48 hours prior to curing the default or exercising a remedy, or such other period of time as the City, in its sole discretion, deems reasonable under the circumstances. If, in the City’s judgment, an Event of Default results in a threat to the public health, safety or welfare, the City may act to correct the default without notice. D. Election of Remedies. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. The City may, but is not obligated to, exercise any of the remedies referred to in this paragraph 27. 28. NOTICES. A. 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: Matt Odenthal, Distinctive Land Development, LLC, 17645 Juniper Path #200, Lakeville, MN 55044. 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 Sarah Schwarzhoff, Hoff Barry, 775 Prairie Center Drive, Suite 160, Eden Prairie, MN 55344. B. Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Page 18 C. Notice related to an Event of Default 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. 29. 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 Agreement or the Development Work. The responsibility to indemnify and hold harmless 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. 30. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have no recourse against the City under this Agreement. The Developer agrees that any party allegedly injured or aggrieved as a result of the City’s approval of the final 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 29 shall apply to said actions. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. 31. 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, a policy of insurance with limits for bodily injury and death of not less than $1,000,000.00 per person and $2,000,000.00 for each occurrence; limits for property damage shall Page 19 be not less than $2,000,000.00 for each occurrence; or a combination single limit policy of not less than $2,000,000.00. The City, its elected and appointed officials, officers, employees, planners, engineers, attorneys, and agents shall be named additional insureds on any such policy. The insurance certificate shall provide that the City shall be given 30 days’ advance written notice before any modification, amendment or cancellation of the insurance becomes effective. 32. FINAL PLAT AND DEVELOPMENT AGREEMENT: The final Plat and Agreement shall be recorded with the Scott County Recorder or Registrar of Titles, as applicable within 90 days of approval by the City Council. The final plat shall be considered void if not recorded within the 90 days provided for herein unless a request for a time extension is submitted in writing and approved by the City Council prior to the expiration of the 90-day period. 33. RECONSIDERATION OR RESCISSION: If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of all approvals issued in connection with this Agreement, thus restoring the status of the Property before the Agreement and all such approvals. 34. SIGNS: 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. 35. MISCELLANEOUS. A. Compliance With Other Laws. The Developer represents to the City that the Plat and the Developer in performing all work under this Agreement shall comply 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 or Developer is not in compliance, the City Page 20 may, at its option, refuse to allow construction or development work on the Property 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 Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Agreement. C. Amendments. There shall be no amendments to this Agreement 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 Agreement shall not be a waiver or release. D. Assignment. The Developer may not assign this Agreement 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 Property, or any part of it. E. Interpretation. This Agreement 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 Agreement as a whole rather than to any particular section or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its provisions. F. Successors and Assigns. Provisions of this Agreement shall be binding upon and enforceable against Developers successors and assigns including but not limited to all purchasers and owners of all or any part of the Property and their successors and assigns. G. Performance Standards. The Property shall be developed and operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. H. No City Liability. Except for the intentional acts of the City or its employees and contractors, no failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. Page 21 I. Exhibit A. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. Page 22 CITY OF PRIOR LAKE By: ________________________________ Kirt Briggs, Mayor By: ________________________________ Jason Wedel, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2020, by Kirt Briggs, Mayor, and by Jason Wedel, 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 Page 23 Distinctive Land Development LLC By: ________________________________ Its: ________________________________ STATE OF MINNESOTA ) (ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 2020, by _______________________as ___________________ of Distinctive Land Development LLC, a limited liability company, on behalf of the company. _____________________________________ NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 25 EXHIBIT B TO DEVELOPMENT AGREEMENT Fee Amt Per Total Administrative Fee* 6% Construction Costs = $ 13,765.00 Construction Observation (Escrow) 5% Construction Costs = $ 15,637.00 Park Dedication Fee $ 3,750.00 X 6 Units = $ 22,500.00 Trunk Storm Water Acreage $ 4,160.00 X 2.788 Acres = $ 11,598.00 Trunk Water Acreage $ 7,640.00 X 2.788 Acres = $ 21,300.00 Trunk Sanitary Sewer Acreage $ 4,530.00 X 2.788 Acres = $ 12,630.00 Sanitary Sewer Connection $ 9,000.00 X 1 Unit = $ 9,000.00 Water Connection $ 9,000.00 X 1 Unit = $ 9,000.00 TOTAL $ 115,430.00 *$5,000 of administrative fee already paid with final plat application (Total Admin Fee is $18,765.00) Security Total Sanitary Sewer = $ 73,917.00 Water Main = $ 83,788.00 Storm Sewer (includes oversizing) = $ 54,148.00 Streets/Sidewalks/Trails (public) = $ 100,890.00 Grading $611,323.00 Landscaping 12,600.00 Subtotal (rounded) = $ 936,666.00 Total (125% of subtotal) = $ 1,170,833.00 Oversizing Calculation Amt Per Total NA TOTAL Page 26 EXHIBIT C SAMPLE IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Dear Sir or Madam: By order of our client [name and address of client] we hereby issue our standby irrevocable Letter of Credit for the account of the [insert name of client] for an amount or amounts not to exceed in the aggregate U.S. Dollars $ ___________________________ (__________________ Thousand and No/100 U.S. Dollars) effective immediately and expiring at our [insert address of office] on [insert date] relative to our client’s performance under that certain contract entitled [insert name of contract/development agreement, etc.] dated [insert date of contract]. Funds under this Letter of Credit are available against your sight draft(s) on us, for all or part of this Letter of Credit, mentioning thereon our Credit No.______. Each such draft must be accompanied by your signed written statement to the effect that [name of client] has failed to comply with the terms and conditions of the above mentioned contract. Presentation will also be deemed made upon our receipt of your telecopier transmission to us at (FAX NUMBER [insert fax number] _____________________) of a facsimile of the appropriate sight draft and written statement completed and signed, together with your telephone advice to us at (TELEPHONE NUMBER [insert telephone number] _________________________________) or such other number as we shall specify to you in writing) of your sending the above-described telecopier transmission. Failure to make the telephone advice will not impair the validity of the presentation. If presentations are made by facsimile the original documents are not required. In the event that at least thirty (30) days prior to the expiry date listed above, this Letter of Credit is not extended for a period of at least one year or has not been replaced with a substitute Letter of Credit acceptable to you, this Letter of Credit is also payable to you upon presentation to us of your written statement mentioning thereon our Credit No.[insert number] ____ and stating “Letter of Credit No. [insert number] __________ has not been extended for a period of at least one year from the present expiration date and has not been replaced with a substitute Letter of Credit acceptable to us.” This letter of credit shall automatically extend for successive one-year terms unless at least forty-five days prior to the next annual extension date of [insert day and month of renewal] ________________ of such year, we deliver written notice by registered mail or overnight courier to the City that we intend not to extend the letter of credit for any additional period. If such notice is delivered and the letter of credit has not been replaced with a substitute letter of credit acceptable to you by the date of said notice, this letter of credit is also payable to you upon presentation to us of your written statement mentioning thereon our Letter of Credit No. [insert number] ______________ and stating “Notice of Modification, Cancellation or Non-Extension of Letter of Credit No. [insert number]_________________has been received and the letter of credit has not been replaced with a substitute letter of credit acceptable to us. If we receive your sight draft(s) and statement(s) as mentioned above, here at our address [insert address], on or before the expiry date of this Letter of Credit, we will promptly honor the same. If an interruption of our business occurred as a result of an Act of God, riots, civil commotion, insurrections, wars or any other causes beyond our control, as described in Article 36 of the Uniform Customs and Practices for Documentary Credits, UCP600 2007 which prevented us from accepting and/or paying you on this Letter of Credit, we undertake upon resumption of our business to accept drafts and pay on this Letter of Credit provided your draft is presented prior or during our business interruption or no later than thirty (30) days following resumption of our business. This Credit is subject to the Uniform Customs and Practices for Documentary Credits, UCP600 2007. Very Truly Yours, [Signature of Issuer] 323 NAUMKEAG ST | SHAKOPEE MINNESOTA | 55379 SCOTTCDA.ORG This institution is an equal opportunity provider and employer. SCOTT COUNTY CDA: SMALL BUSINESS RECOVERY FUND GUIDELINES A small business recovery fund to support and assist local businesses adversely impacted by the COVID-19 pandemic June 12, 2020 SCOTTCDA.ORG To provide emergency recovery support to small local businesses in Scott County adversely impacted by the COVID-19 pandemic, the Scott County Community Development Agency (CDA) Small Business Recovery Fund will provide forgivable loans of up to $5,000 to small businesses most in need of support. Funds will help businesses pay for critical expenses such as current payroll obligations, rent payments, mortgage payments, utilities, and payments to suppliers. Providing this support will increase the capacity of small businesses with a physical location in Scott County to rebound from the current crisis and will help prevent potential future blight scenarios. The Recovery Fund will be administered through NextStage, a local non-profit that brings extensive experience managing and administering loan funds. Terms • One-time emergency forgivable loan up to $5,000, based on economic injury from COVID-19 and eligible expenses as defined below • 0% interest, 12 month term, deferred payments for 12 months • Loan is 100% forgivable after 12 months, provided the business continues to operate in Scott County in good regulatory standing and has provided all required documentation. If business fails to meet forgiveness criteria, the entire loan amount will be due in full within 30 days. • Funds can be used for operating expenses, including current payroll obligations, rent payments, mortgage payments, utilities, accounts payable, or other critical business expenses as approved by the fund administrator. Eligible Businesses Businesses must meet all of the following criteria as of March 1, 2020 to be eligible. • Must be a locally owned and operated for-profit business with a physical establishment in Scott County • Must employ between 3 to 20 W-2 eligible employees prior to March 1, 2020, and be under $1 million in annual revenue • Must have been operating for at least 6 months prior to March 1, 2020 • Must be licensed, in good standing, and not have any delinquent property taxes, if applicable • Must demonstrate a significant loss in revenue since March 15 (no credit score or collateral requirements apply) SCOTTCDA.ORG Certain businesses are ineligible, including: • Home-based businesses; those without a physical establishment • Non-profit organizations • Self-employed, independent contractors, or businesses with no employees other than an owner(s) • Corporate chains, chains not owned/operated by a Scott County resident • Businesses in default conditions prior to February 29, 2020 • Businesses that primarily derive income from gambling • Businesses that derive any income from adult entertainment • Businesses that primarily sell pawned merchandise, guns, tobacco or vaping products • Businesses that derive income from passive investments; business-to-business transactions; real estate transactions; property rentals or property management; billboards; or lobbying Businesses that have applied for and/or were awarded any COVID-related federal funding, such as the Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL) or Paycheck Protection Program (PPP) are also eligible and encouraged to apply for the Scott County CDA Small Business Recovery Fund. However, to preserve local resources and serve as many businesses as possible, duplication of state and local COVID-related emergency funds is not allowed. Businesses that have been awarded or have received COVID -related emergency funds through the State of Minnesota Small Business Emergency Loan (SBEL) are ineligible for this loan. Application Process • Applications will be accepted beginning July 6 through July 17, 2020 at noon. • Application link can be found at: https://scottcda.org/resource/covid-19- business-resources/ • If applications exceed the funding available, the fund administrator will select loan recipients using a lottery system. • The fund administrator, NextStage, will notify approved applicants by email on or before July 31, 2020. SCOTTCDA.ORG Upon notice of an approved application, applicants are required to submit the following within 5 business days: • 2019 Federal Business Tax Return or appropriate Business Tax Schedule - based on entity type. Businesses that have not yet completed a 2019 Federal Return are eligible to apply and substitute other documentation of revenue, and will need to provide their 2019 Federal Return when completed to qualify for loan forgiveness. • Evidence of revenue loss related to the COVID 19 emergency. Applicant should submit documentation that best demonstrates the impact and is deemed acceptable to Program Administrator. Some examples of acceptable documentation include comparable-period Sales Tax Reporting, Period Statements from 3rd-party Sales Platforms, Merchant Services Statements, and Point of Sale or Register reports. • Evidence of employment prior to March 1st, 2020. Acceptable documentation may include period reporting from a 3rd-party payroll processor, applicant’s Federal Form 941/Employer’s Quarterly Federal Tax Return, or other State or Federal payroll-related filing. • Any additional documentation or information deemed necessary by the fund administrator to determine eligibility, generate loan documents, disburse loan proceeds, or meet program reporting requirements. • Failure to submit required documentation will result in forfeiture of loan award. Note: The Scott County CDA reserves the right to revise these guidelines as needed to best address the impact of the current pandemic. RAVENCTNEBLUEBIRDTRLNEDOVECTNE CHATONKATRLNEROSE W O O D R D N E BEACH ST NE LowerPriorLake Scott County GIS Ü 5035 Beach Street NE Vacation Location Map UP PER PR IO R LA K EGD(90 4) SPR I NG L AK EGD(91 2.8 ) LO WER P RI O R LA KEGD(90 4) PI KELAK ENE(82 0.5 ) MY ST ICLAK ENE HA ASLAK ENE(90 7.3 ) BLI N DLAK ERD(94 8.7 ) AR TI CLAK ENE(90 6.7 ) MA RK LE YLAK ERD( ) HO WAR D LA KENE(95 7.3 ) CR YST AL LA K ENE(94 3.3 ) CA MP BE LLLAK ENE(N ot E stab. ) 456781 456712 456777 456744 456717 456718456742 456727456782 456716456778456721 456714 456783 456773 456779 456770 456715 456769 -A13 Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY 0 50 100150200Feet LOCATION MAP – 6127 170th Street East (PID 049070011) Credit River Township City of Prior Lake PID 049070011 9.68 acres City of Prior Lake City of Prior Lake Credit River Township PO Box 251, Medina, MN 55340 763‐473‐0569 Collaborative Planning, LLC Memorandum To: Casey McCabe, City of Prior Lake From: Cindy Nash, AICP, EDFP Credit River Township Planner Date: June 23, 2020 Subject: Credit River Township Comments – Annexation of 6127 170 St SE Credit River Township is appreciative of the opportunity to provide comments on the proposed annexation of 6127 170th Street SE. On behalf of the Town Board, please accept the following comments: 1. The entire property will be able to be served with municipal services by Credit River Township in the future, while only a portion can be served by Prior Lake. There is potential for the property to develop now using well and septic and remain in Credit River, with intensification of the development completed at a later time when Credit River has brought municipal services to the site. 2. The property drains east into existing drainageways and creeks in Credit River Township. There are existing concerns downstream related to flooding that could be exacerbated by development of this site. Credit River does not have any projects planned in its CIP to address this downstream issue. cc: Credit River Town Board 414.033 ANNEXATION BY ORDINANCE. Subdivision 1.Unincorporated property.Unincorporated property abutting a municipality may be annexed to the municipality by ordinance as provided for in this section. Subd.2.Conditions.A municipal council may by ordinance declare land annexed to the municipality and any such land is deemed to be urban or suburban in character or about to become so if: (1)the land is owned by the municipality; (2)the land is completely surrounded by land within the municipal limits; (3)the land abuts the municipality and the area to be annexed is 120 acres or less,and the area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available,and the municipality receives a petition for annexation from all the property owners of the land. Except as provided for by an orderly annexation agreement,this clause may not be used to annex any property contiguous to any property either simultaneously proposed to be or previously annexed under this clause within the preceding 12 months if the property is or has been owned at any point during that period by the same owners and annexation would cumulatively exceed 120 acres;or (4)the land has been approved after August 1,1995,by a preliminary plat or final plat for subdivision to provide residential lots that average 21,780 square feet or less in area and the land is located within two miles of the municipal limits. Subd.2a.[Repealed,1997 c 202 art 5 s 9] Subd.2b.Notice,hearing required.Before a municipality may adopt an ordinance under subdivision 2,clause (2),(3),or (4),a municipality must hold a public hearing and give 30 days'written notice by certified mail to the town or towns affected by the proposed ordinance and to all landowners within and contiguous to the area to be annexed. Subd.3.60 percent bordered and 40 acres or less.If the perimeter of the area to be annexed by a municipality is 60 percent or more bordered by the municipality and if the area to be annexed is 40 acres or less,the municipality shall serve notice of intent to annex upon the town board and the chief administrative law judge,unless the area is appropriate for annexation by ordinance under subdivision 2,clause (3).The town board shall have 90 days from the date of service to serve objections with the chief administrative law judge.If no objections are forthcoming within the said 90-day period,such land may be annexed by ordinance. If objections are filed with the chief administrative law judge,the chief administrative law judge shall conduct hearings and issue an order as in the case of annexations under section 414.031,subdivisions 3 and 4. Subd.4.[Repealed,1978 c 705 s 33] Subd.5.Petition by property owners;objections;procedure.If the land is platted,or,if unplatted, does not exceed 200 acres,a majority of the property owners in number may petition the municipal council to have such land included within the abutting municipality and,within ten days thereafter,shall file copies of the petition with the chief administrative law judge,the town board,the county board and the municipal council of any other municipality which borders the land to be annexed.Within 90 days from the date of service,the town board or the municipal council of such abutting municipality may submit written objections to the annexation to the chief administrative law judge and the annexing municipality.Upon receipt of such objections,the chief administrative law judge shall proceed to hold a hearing and issue an order in accordance with section 414.031,subdivisions 3 and 4.If written objections are not submitted within the time specified in this section and if the municipal council determines that property proposed for the annexation is now or Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 414.033MINNESOTASTATUTES20171 is about to become urban or suburban in character,it may by ordinance declare such land annexed to the municipality.If the petition is not signed by all the property owners of the land proposed to be annexed,the ordinance shall not be enacted until the municipal council has held a hearing on the proposed annexation after at least 30 days'mailed notice to all property owners within the area to be annexed. Subd.6.If pending proceeding;waivers from parties.Whenever a proceeding for annexation is initiated under this section and all or any part of the land is included in another boundary adjustment proceeding pending before the chief administrative law judge,no action thereon shall be taken by the municipality,unless otherwise provided by an order of the chief administrative law judge,until final disposition has been made of the pending petition.Under this section,the chief administrative law judge will accept a waiver from all parties having a right to object,stating they have no objections to the proposed annexation and waiving the 90-day period before an annexation ordinance may be adopted. Subd.7.Filing;effective date;copy to auditors.Any annexation ordinance provided for in this section must be filed with the chief administrative law judge,the township,the county auditor and the secretary of state and is final on the date the ordinance is approved by the chief administrative law judge.A copy of the annexation ordinance must be delivered immediately by the governing body of the municipality to the appropriate county auditors. Subd.8.[Repealed,1980 c 487 s 23] Subd.9.[Repealed,1997 c 87 s 4] Subd.10.Chief administrative law judge may require additional information.The chief administrative law judge may require the city or property owners to furnish additional information concerning an annexation by ordinance to inform the chief administrative law judge about the extent to which the proposed annexation conforms to the statutory criteria set forth in sections 414.01,subdivision 1,and 414.031,subdivision 4. Subd.11.When annexed land is in floodplain or shoreland area.When a municipality declares land annexed to the municipality under subdivision 2,clause (3),and the land is within a designated floodplain, as provided by section 103F.111,subdivision 4,or a shoreland area,as provided by section 103F.205, subdivision 4,the municipality shall adopt or amend its land use controls to conform to chapter 103F,and any new development of the annexed land shall be subject to chapter 103F. Subd.12.Property taxes.When a municipality annexes land under subdivision 2,clause (2),(3),or (4),property taxes payable on the annexed land shall continue to be paid to the affected town or towns for the year in which the annexation becomes effective.If the annexation becomes effective on or before August 1 of a levy year,the municipality may levy on the annexed area beginning with that same levy year.If the annexation becomes effective after August 1 of a levy year,the town may continue to levy on the annexed area for that levy year,and the municipality may not levy on the annexed area until the following levy year. Subd.13.Electric utility service notice;cost impact.At least 30 days before a municipality may adopt an ordinance under subdivision 2,clause (2),(3),or (4),the petitioner must be notified by the municipality that the cost of electric utility service to the petitioner may change if the land is annexed to the municipality. The notice must include an estimate of the cost impact of any change in electric utility services,including rate changes and assessments,resulting from the annexation. History:1969 c 1146 s 12;1975 c 271 s 6;1978 c 705 s 15-21;1979 c 50 s 52;1985 c 30 s 2,3;1991 c 291 art 12 s 24;1992 c 556 s 5-8;1994 c 511 s 4-8;1996 c 303 s 13,14;1997 c 31 art 3 s 14,15;1997 c 202 art 5 s 3-5;2002 c 223 s 8-12;2006 c 270 art 2 s 8,9,13;2007 c 90 s 2,3,5;2008 c 196 art 2 s 15;2008 c 277 art 1 s 98;2014 c 220 s 3 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2MINNESOTASTATUTES2017414.033