HomeMy WebLinkAbout09(A) - Consider Approval of Resolution No. 21-026 Approving a Final Plat and Resolution No. 21-027 Approving a Final PUD Plan for Pike Lake Landing Report Page 1
DEVELOPMENT AGREEMENT
PIKE LAKE LANDING
PROJECT #20-000019
This Development Agreement (“Agreement”) is entered into this 16th day of February, 2021, by and
between the City of Prior Lake, a Minnesota municipal corporation ("City"), and RT Development Inc., a
Minnesota Corporation (“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 and Final Planned Unit Development
(PUD) approval for the construction of fifty-three (53) units on the Property;
NOW, THEREFORE, in consideration of the City Council adopting Resolution No.
____________ (“Resolution”) for Final Plat approval and Final PUD approval approval for the
construction of fifty-three (53) 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 the
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Property in any manner, or begin the Development Work until all of the following conditions have been
satisfied: 1) the final Plat and this Agreement have been fully executed by all parties and recorded in the
office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary Security, deposits,
fees and insurance have been received by the City, and 3) the City Engineer or his/her designee has issued a
letter that all conditions have been satisfied and that the Developer may proceed.
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 Council 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 Council 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:
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Plan A -- Final Plat as stamped approved by the City Engineer or his/her designee
(Prepared by Bohlen Surveying & Associates 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 Graef Inc. )
Plan C -- Plans and Specifications for Developer Installed Public Improvements as
stamped approved by the City Engineer or his/her designee (Prepared by Graef
Inc.)
Plan D -- Landscape Plan as stamped approved by the City Community Development
Director or his/her designee (Prepared by Graef Inc.)
Plan E -- Final Planned Unit Development Plan including all plans, specifications,
drawings and surveys as stamped approved by the City Community
Development Director or his/her designee (Prepared by Graef 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”), and the direction of City Manager or his/her designee. All improvements and
other work required by the Plans, the Developer Installed Public Improvements, and such other work as
is required by this Agreement, the Resolution or the documents or 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 PUBLIC IMPROVEMENTS.
A. The Developer shall install and pay for the public improvements identified in the Plans,
hereinafter referred to as the “Developer Installed Public Improvements”, which may include but are not
limited to: 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. All Develoepr
Installed Public Improvements shall be dedicated or conveyed to the public, and shall be located within
public property, right-of-way, or easement dedicated to the public.
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B. Developer shall complete all Developer Installed Public Improvements and obtain the City
Council’s written acceptance of the Developer Installed Public Improvements no later than December 31,
2021. The final wear course on streets shall be installed by October 31st of the same year the base layer of
asphalt is installed. If the final wear course is not installed by the date required herein, no additional building
permits shall be issued for the Property until the punch list is complete and the final wear course installed. All
punch list items shall be completed before the final wear course is installed in order to allow for inspection.
C. Developer shall mark and label the GPS coordinates of the Developer Installed Public
Improvements as the improvements are constructed. All of the following items must be marked and labeled
and the data provided to the City in a form compatible with ArcGIS.
· Watermain – bends, tees, valves, crosses, sleeves, services corps, curb stops, future stubs.
· Sanitary sewer – manholes, service wyes, service stubs, cleanouts, future sanitary sewer stubs.
· Storm Sewer – manholes, catchbasins, outlet structures, flared end sections, cleanouts, tile, valves.
· Signs – all developer installed signs and type of sign.
The City Council will not accept the Devleoper Installed Pubilc Improvements unless the GPS coordinates
for all of the listed items are provided. If Developer fails to provide the required coordinates, Developer will
be required to re-access the improvements, mark and label the GPS coordinates and then restore the
improvements.
D. As a condition of the City Council’s acceptance of the Developer Installed Public
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 Public Improvements and that the
Developer Installed Public Improvements were built in accordance with this Agreement.
E. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer
Installed Public Improvements, the Developer Installed Public Improvements shall automatically become
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property of the City without further notice or action. The Developer shall be responsible for all
maintenance of the Developer Installed Public Improvements until written acceptance by the City Council.
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 Public Improvement.
G. Private Improvements. In addition to the Developer Installed Public Improvements, the
Developer shall install and pay for the following private improvements
________________________________________, all as identified in the Plans and all of which shall be
located on private property. The private improvements shall be installed, maintained, operated, repaired and
replaced by the Developer until such time as those obligations are transferred to the owners of the appropriate
lots or to a home owners association. The City shall have no obligations in relation to the private
improvements.
5. PROJECT TESTING. The Developer is responsible, at the Developer’s sole cost, to
provide testing to certify that Developer Installed Public 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 or his/her designee 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 30 days after the completion of the Developer Installed Public 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 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
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plans 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 Public 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 Council. Any replacement work shall be so warranted for two years
after its completion by Developer and acceptance by the City Council. Both the Developer Installed Public
Improvement warranty period described in this paragraph and the landscape warranty period described in
paragraph 20 below are hereinafter referred to as the “Warranty Period”.
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.
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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 or
his/her designee’s requirements, and the individual building/grading plan for each specific lot, until the
later of: (i) such time as the City Council has accepted the Developer Installed Public Improvements in
writing; or (ii) a certificate of occupancy has been issued for each specifc lot.
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 or his/her designee, 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 or his/her designee. The City Engineer
or his/her designee 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.
E. No development, utility or street construction will be allowed unless the Property is in full
compliance with the erosion control requirements.
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11. CONSTRUCTION ACCESS. Construction traffic access is restricted to 140th Street (CSAH
42) and CSAH 21. 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 prior to the issuance of any building permits 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 said improvements have been inspected and determined by the City Engineer or his/her designee to be
available for use.
C. Notwithstanding any other provision of this Agreement, the City will issue a building permit
for up to two (2) model homes and a 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 Community Development Director, 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 or contractors shall
provide construction observation during the installation of the Developer Installed Public Improvements in
accordance with the PWDM. These services by the City shall include:
A. Construction observation during installation of required Developer Installed Public
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 Public
Improvements.
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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 Attorney), all of the
following: (i) the property encompassing all Developer Installed Public Improvements, (ii) property
necessary for all public and private connections and access to all Developer Installed Public
Improvements, (iii) property for streets, sidewalks, and trails identified in the Plans including Outlot G,
Outlot K, and Outlot L; (iv) property for park dedication, and (v) all other property interests, conveyance
of which is required by this Agreement.
B. The City Council shall vacate ____ (list any vacation of easements, roads etc.)
_________________.
C. Developer shall obtain the written approval of the City Attorney and the City Engineer or
his/her desingee of the form of the conveyance documents and the location of all easements or fee title
conveyances required by this Agreement.
D. 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
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contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any
other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any
Hazardous Substances; and (iv) 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. DEPOSITS/ESCROWS.
A. Deposit for Legal Fees. Developer shall be responsible for all reasonable legal fees incurred
by the City relating to revisions and amendments to and enforcement of this Agreement. Developer shall
make a cash deposit with the City for legal fees incurred by the City. If the cash deposit is exhausted, the
City Engineer or his/her designee may require that Developer submit additional funds to replenish the
cash deposit. Alternatively, the City Engineer or his/her designee may invoice the Developer direclty for
such costs and Developer shall pay all such invoices within ten (10) days of receipt. City may cease all
work and review of the Development Work until the invoice is paid and/or the cash deposit is replenished.
Any balance remaining in the cash deposit after the expiration of the Warranty Period shall be returned to
the Developer.
B. Construction Observation Deposit. Developer shall be responsible for all construction
observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit
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with the City for construction observation. If the cash deposit is exhausted, the City Engineer or his/her
designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively,
the City Engineer or his/her designee may invoice the Developer directly for such costs and Developer
shall pay all such invoices within ten (10) days of receipt. City may cease all work and review of the
Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining
in the cash deposit after the City Council’s final acceptance of the Developer Installed Public
Improvements shall be returned to the Developer.
16. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set
forth in the City Fee Schedule and described in detail in Exhibit B prior to any work occurring on the
Property. Fees and charges are nonrefundable. Such fees and charges 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 costs incurred.
B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park
dedication fees for the Property as required by City Code in effect as of the date of the plat approval.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Street Light Operational Costs.
H. Chip Seal Fee.
17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance
of all platted lots on the Property, 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
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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 Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each
specific lot is sold.
18. OVERSIZING. Oversizing is the construction of a Developer Installed Public 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 or his/her designee determines that oversizing is
required for sanitary sewer, water or storm drainage, 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 the following: a cost estimate by the City Engineer or his/her designee based on
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. If the City Engineer or
his/her designee determines that oversizing is required for road improvements, Developer shall install such
oversize improvements at Developer’s cost.
19. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision
Code, 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.
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20. LANDSCAPING. 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 one (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 in Exhibit B 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 Engineer or his/her designee 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 Engineer or
his/her designee. 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.
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 Attorney and City Engineer
or his/her designee (“Security”) in the following amounts:
i. 125% of projected costs for the Developer Installed Public 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.
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B. This, and any other breakdown, is for establishing the amount of the Security not a restriction
on the use of the Security. All Security held by the City may be used in any manner allowed by this
Agreement, to reimburse the City for any costs incurred related to this Agreement and the project, and/or to
cure any breach of this Agreement.
C. The Security shall be in the form attached hereto as Exhibit C or other form as approved by
the City Attorney in writing and shall be from a bank approved by the City Attorney. The bank shall be
authorized to do business in the State of Minnesota. The Security shall extend through completion,
acceptance by the City Council and the Warranty Period of the Developer Installed Public Improvements.
D. In the event that Developer fails to comply with the terms of this Agreement (“breach”),
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).
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 Engineer or his/her designee 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. The City shall at all times throughout construction and the Warranty
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Period maintain a minimum $50,000 or 10% of the Development Work for which Security was required,
whiciever is greater.
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 or his/her
designee.
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 Engineer
or his/her designee. Developer further agrees that any damage to public property as a result of construction
activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City
Engineer or his/her designee.
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
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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 the City Engineer or his/her designee. 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 his/her 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
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 Public 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.
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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 Property; (2) failure by the Developer to construct the Developer
Installed Public 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 insurance, bonds or 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
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, through the
City Manager, City Engineer, City Community Deveopment Director, City Attorney or any of their
designees, may take any one or more of the following actions:
Page 18
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 Developer 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. The City may suspend the release of any escrowed dollars.
6. The City may use deposit or 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
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 City’s 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,
Page 19
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 United States mail at the following address:
RT Development Inc., 16972 Brandtjen Farm Drive, 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 United States 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, P.A., 100 Prairie Center Drive, Suite 200, 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.
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,
Page 20
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 Council’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, a policy
of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per
occurence and $2,000,000.00 aggregate. 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
Page 21
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 Code or 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 Engineer or his/her designee or the City Attorney determines that the
Plat or Developer is not in compliance, the the City Engineer or his/her designee or the City Attorney may,
at his/her option, refuse to allow construction or Development Work on the Property until the Developer does
comply. Upon such demand, the Developer shall cease work until there is compliance.
B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the
City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals,
permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer
to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer.
Page 22
C. 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.
D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by
the parties and approved by resolution of the City Council.
E. Waiver. Failure of the City to require performance of any provision of this Agreement shall
not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the
City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify
the effectiveness of such provision.
F. 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.
G. 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.
H. Successors and Assigns. Provisions of this Agreement shall be binding upon and
enforceable against Developer’s 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.
I. 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.
Page 23
J. 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.
K. 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.
36. PLANNED UNIT DEVELOPMENT. The Property is being developed as a Planned Unit
Development. The City Council has found that the proposed development of the Property is in compliance
with City Code Section 1106. The Property shall be developed in compliance with Resolution
No.___________ dated February 16, 2021, and the plans approved by that Resolution.
37. PARK DEDICATION. Prior to release of the final Plat, Developer shall dedicate to City
Outlot G for park purposes in accordance with the terms of paragraph 14.
Page 24
CITY OF PRIOR LAKE
By: ________________________________
_____________________, Mayor
By: ________________________________
_____________________, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by
_____________________, Mayor, and by ____________________, 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 25
RT Development Inc.
By: ________________________________
Its: ________________________________
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ____________, 20__, by
_____________________________________ as _____________________________________________of
RT Development Inc., a Minnesota Corporation, on behalf of the coroporation.
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 26
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
_______________________________
AND THE CITY OF PRIOR LAKE
THIS AGREEMENT, made and entered into as of _______________________, 20____, by and
between ____________________________, a Minnesota _________, ("Owner"), and the City of Prior Lake
("City"):
For, and in consideration of, and to induce City to adopt Resolution No. ____________ for ___(list
all approvals)____________ approval for the construction of ______(number and type of units)__________
units and the related public improvements (collectively the “Approvals”), as more fully described in that
certain Development Agreement entered into as of __________________, 20___, by and between
______________________________, a Minnesota ______________ (“Developer”) and City
("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees
with City as follows:
1. If Developer fails to commence development in accordance with the Development Agreement
and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement
within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration
and rescission the Approvals, thus restoring the status of the Property before the Development Agreement
and all Approvals were approved.
2. This Agreement and the Development Agreement shall be binding upon and enforceable
against the Property and the Owners, their successors and assigns of the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee
requiring that such transferee agree to all of the terms, conditions and obligations of Developer in the
Development Agreement. Neither the Owner or transferee are required to develop the property in accordance
with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to
develop the Property in a manner other than as set forth in this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the
day and year aforesaid.
[signatures on following pages]
Page 27
MORTGAGEE CONSENT
TO
DEVELOPMENT AGREEMENT
_____________________, which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall
remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 20__.
____________________________
By: ________________________________
Its: _______________________________
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of ________________, 20__,
by ____________________ the _______________________ of ______________________.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 28
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 29
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 30
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 31
EXHIBIT B
TO DEVELOPMENT AGREEMENT
Deposit/Escrow Amt Per Total
Construction Observation Escrow 8% of Public Improvements = $ 224,250.00
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $ 158,187.00
Park Dedication Fee $ 3,750.00 X 53 Units = $ 198,750.00
Trunk Sanitary Sewer Acreage $ 4,700.00 X 18.455 Acres = $ 86,739.00
Trunk Water Acreage $ 3,840.00 X 18.455 Acres = $ 70,867.00
Trunk Storm Sewer Acreage $ 4,160.00 X 18.455 Acres = $ 76,773.00
Chip Seal Fee (Public Streets) $1.90 X 17,250 Sq Yds = $ 32,775.00
TOTAL Fee = $ 624,091.00
*$10,000 of administrative fee already paid with plat applications (Total Admin Fee is $168,187.00)
Security Total
Sanitary Sewer = $ 520,679.59
Water Main = $ 435,282.52
Storm Sewer = $ 805,989.54
Streets/Sidewalks/Trails = $ 989,027.05
CSAH 42 Right Turn Lane = $88,912.00
Subtotal (rounded) = $ 2,839,891.00
TOTAL (125% of subtotal) = $ 3,549,863.00
Oversizing Calculation Total
12” Watermain = $ 36,769.00
Fees/amounts due may be paid and/or credited against amounts owed.
Page 32
EXHIBIT C
TO DEVELOPMENT AGREEMENT
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]
MARSHDRNE
PIKELAKETRLNE456721
456742
Pike Lake
Scott County GIS
Ü
Pike Lake LandingFinal Plat Location Map
UPPER PRIOR LAKEGD
(904)
SPRING LAKEGD
(912.8)
LOWER PRIOR LAKEGD
(904)
PIKELAKE
NE(820.5)
MYSTICLAKE
NE
HAASLAKE
NE(907.3)
BLINDLAKE
RD(948.7)
ARTICLAKE
NE(906.7)
MARKLEYLAKE
RD( )
HOWARD LAKENE
(957.3)
CRYSTAL LAKENE
(943.3)
RICE LAKENE
(945)
CLEARY LAKENE
CAMPBELLLAKE
NE(Not Estab.)
456777 456717
456782
456787
456742 456718
45679
456744
456727
456778
456723
456783
456714
456721
456779
456769
4567101
456715 -A282
-A13-A41
Scott County GIS
SUBJECTPROPERTY
SUBJECTPROPERTY
050100150200Feet
SUBJECTPROPERTY
Outlot City74,718 SFOutlot B8,275 SFOutlot H67,843 SFOutlot D257,595 SFOutlot C99,241 SF249,750 SF39,130 SF68,944 SF89,944 SF79,390 SF58,997 SF17,872 SF28,198 SF239,572 SF298,360 SF277,745 SF337,406 SF307,116 SF317,139 SF327,355 SF347,190 SF638,279 SF628,352 SF617,473 SF607,282 SF288,382 SF267,419 SFOutlot F208,317 SFOutlot G293,302 SF517,011 SF587,775 SF597,345 SFOutlot E123,085 SF567,662 SF527,004 SF538,492 SF467,234 SF547,420 SF476,975 SF487,013 SF397,807 SF497,120 SF578,613 SF507,104 SF1711,132 SF417,024 SF367,705 SF427,447 SF457,601 SF437,902 SF357,362 SF377,337 SF386,999 SF407,932 SF447,639 SF2210,743 SF1512,742 SF209,549 SF1815,534 SF129,268 SF139,777 SF1410,591 SF219,634 SF199,080 SF118,208 SF657,135 SF647,414 SF557,036 SF259,623 SFOutlot I14,259 SF169,378 SF48,954 SF911,744 SF109,407 SFOutlot City39,061 SFPIKE LAKElllllWETLAND EWETLAND AWETLAND CWETLAND DWETLAND BWETLAND FWETLAND GN89°15'23"W409.97N00°28'39"E138.00N89°15'23"W520.01N89°15'23"W 191.59S11°59'46"W 381.33680.27S00°28'39"W198.27N89°19'34"WS00°28'39"W257.89671.20S89°19'34"E1311.58S00°41'19"W600.00S89°23'48"E305.59S89°23'48"ES89°21'08"E10.03N00°28'39"E322.77N00°28'39"E641.72N89°23'48"W 25.59N45°04'50"W 74.08R=2034.86Δ=9°40'01"L=343.32N01°09'50"E78.30N46°37'36"E71.87R=2037.03Δ=2°35'14"L=91.99101.43N11°45'51"WR=2024.86Δ=5°56'58"L=210.25614.25N11°45'51"WBEGIN TAPER OUTAT 10:1 FOR 40' ONBOTH SIDESEXISTING GRAVELDRIVEWAYEXISTING WOOD CHIPTRAILEXISTING PAVED TRAILEXISTING SHELTEREXISTING GRAVELDRIVEWAYEXISTING PARK DRIVEEXISTING FENCEROAD AROAD AROAD BROAD EROAD DROAD CROAD FEOF-851.00EOF 831.25HWL 845.28EOF 848.88HWL 845.28POND 5 WITH DRAIN TILEHWL 845.28NWL/BOTTOM 841.75POND 3 WITH DRAIN TILEHWL 870.96NWL 862.00 BOTTOM 852.00POND 2HWL 870.74NWL/BOTTOM 868.00POND 2AHWL 872.56NWL/BOTTOM870.00EOF 873.00EOF 871.00POND 7HWL 850.57NWL/BOTTOM 848.00EOF 848.50WETLANDHWL 847.46POND 6 WITH DRAIN TILEHWL 848.23NWL/BOTTOM 842.00EOF 848.50EOF 843.50EOF 847.00EOF 869.00EOF 845.15POND 2BHWL 868.96NWL/BOTTOM868.00POND 8HWL 856.50NWL/BOTTOM852.00EOF 856.50POND 9HWL 836.32NWL/BOTTOM 832.50EOF 836.50POND 4HWL 830.46NWL/BOTTOM825.50EOF 877.35EOF 856.50C1.00OVERALL SITE PLANLOT DIMENSIONS:BUILDING PADS: (60' W. X 65' D.),(50' W. X 65' D.) AND (40' W. XVARIABLE D.)MIN. FYSB: 20'MIN. RYSB: 25'MIN. SYSB: 7.5' PER SIDEAVG. LOT WIDTH AT SETBACK: 60'AVG. LOT DEPTH AS MEASUREDTHRU CENTER OF LOT: 135'AVG. LOT AREA: 8,440 SF (0.19 AC)SHEET NUMBER:01/29/2021DRAWN BY:APPROVED BY:SCALE:CHECKED BY:DATE:PROJECT NUMBER:20198054TRYMAWRLHAS NOTEDPROJECT INFORMATION:SHEET TITLE:CONSULTANTS:BOHLEN LAND SURVEYINGPARKHAVEN AT PIKE LAKE - FINAL PLANSPARKHAVEN AT PIKE LAKE - FINALPLANSPROJECT TITLE:NO.DATEREVISIONSBYHWY 21 & HWY 42, PRIOR LAKE, MNX:\MN\2019\20198054\Design\CAD\00\Final Plans\00\C_00_C1-00-Overall Site Plan_PrePlat_80542/5/2021 2:37 PM5432154321BACBACwww.graef-usa.com120 S. 6th Street,Suite 1220Minneapolis, MN 55402-1803763 / 898 4185DEVELOPMENT DATAExisting Zoning: A: AgriculturalProposed Zoning: PUD: ResidentialGross Site Area: 1,943,131 SF (44.61 AC)Existing ROW along 140th St. NE: 13,293 SFArea below OHWM of Pike Lake: 25,205 SFOutlot D Commercial Area: 257,468 SFOutlot D ROW Area: 21,792 SFNet Residential Site Area:1,625,373 SF (37.31 AC)Area Outside of Shoreland Overlay: 184,163 SFNet Residential Shoreland Overlay Area:1,441,210 SF (33.08 AC)In Shoreland Zone:Total Single Family Lots: 506,257 SF (11.62 AC)Total ROW: 199,450 SF (4.58 AC)Total Openspace:735,512 SF (16.88 AC)Includes 732 SF of WetlandEasement over Lot 1Openspace percentage withinShoreland Overlay Area = 735,512 / 1,441,210 =51.03 %Total Lot Count: 655'DENOTES TYPICALDRAINAGE AND UTILITYEASEMENTS UNLESSOTHERWISE SHOWN ONTHE PLAN.EASEMENT25' RYSBR.O.W. LINE5'BACK OF CURB25' FYSBLOT LINE10'7.5' SYSB7.5' SYSB5'NOT TO SCALETYPICAL S.F. LOT DETAIL5'EASEMENT25' RYSBR.O.W. LINE5'BACK OF CURB20' FYSBCIC PLAT BOUNDARY10'ASSOCIATIONLOT LINES5'NOT TO SCALETYPICAL DETACHED TOWNHOMELOT DETAIL40' WIDEMINBUILDINGPAD. DEPTHVARIES50' X 65'MIN. TYP.BUILDINGPAD5'DENOTES TYPICALDRAINAGE AND UTILITYEASEMENTS UNLESSOTHERWISE SHOWN ONTHE PLAN.EASEMENT25' RYSBR.O.W. LINE5'BACK OF CURB25' FYSBLOT LINE10'7.5' SYSB7.5' SYSB5'NOT TO SCALETYPICAL S.F. LOT DETAIL60' X 65'MIN. TYP.BUILDINGPAD15' BETWEENBUILDINGS