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Home My WebLink About09(A) - Resolution Approving a Minor Amendment to the Preserve at Jeffers Pond PUD, a Resolution Approving a Final PUD Plan, and a Resolution approving the Final Plat and Development Agreement for Jeffers Pon Report ITEM: 9A CITY COUNCIL AGENDA REPORT MEETING DATE: June 05, 2023 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Resolution Approving a Minor Amendment to the Jeffers Pond PUD for the Preserve at Jeffers Pond and a Resolution Approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition RECOMMENDED ACTION: Approval of a resolution approving a minor amendment to the Jeffers Pond Planned Unit Development (PUD) Plan and approval of a resolution approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. BACKGROUND: Chase Real Estate, Inc. on behalf of Gallery Prior Lake, LLC, is requesting approval of a minor amendment to the Jeffers Pond PUD Plan and approval of a resolution approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. The subject property is located on Outlot B, Jeffers Pond 1st Addition in the southwest corner of the CSAH 42 and Fountain Hills Drive NW intersection at 3729 Fountain Hills Drive NW (PID 254371690). The original PUD Plan for Jeffers Pond was approved in 2005. Since that time the residential neighborhoods have been platted and developed, as well as the streets, public park/trail system, elementary school, fire station, and one commercial development (Lil’ Explorers Daycare). Three outlots remain undeveloped including the subject property, Outlot B, Jeffers Pond 1st Addition. The City Council approved a Major Amendment to the Planned Unit Development plan for the Preserve at Jeffers Pond On May 2, 2022 at the request of RCP Construction and Development LLC, on behalf of then property owner United Properties Residential LLC. The PUD amendment approved the construction of a four-story market rate apartment building containing 197 units. The property has since been sold to Chase Real Estate, Inc. and minor development revisions have been proposed. Current Circumstances The following paragraphs outline the physical characteristics of the site, zoning designations, and information as it relates to the proposed Preserve at Jeffers Pond project. PHYSICAL SITE CHARACTERISTICS: Site Area: Outlot B, Jeffers Pond 1st Addition consists of approximately 9.28 acres. A single detached accessory structure exists on the site. Topography: This area has elevations which change approximately 13 feet from 889’ by the wetland on the west portion of the property to approximately 902’ at the highest point near the center of the property. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 9A Page | 2 Wetlands: One DNR protected wetland exists on the site. No wetland impacts are anticipated; however, any future features associated with the Preserve at Jeffers Pond project that may impact the wetland (example: docks, fountains, etc.) will require review and/or permits from the DNR. Access: The current access to the site is a single curb cut off CSAH 42. This access is proposed to be removed and the site will be accessed from Jeffers Parkway NW, south of the existing roundabout. Zoning: The site is zoned Planned Unit Development (PUD). Parks / Trails: There is an existing sidewalk along the west side of Jeffers Parkway and Trail along the west side of Fountain Hills Drive which connects to the existing regional trail along the south side of CSAH 42. In addition, there is an existing trail on the east side of Jeffers Parkway to provide access to the Jeffers Pond development to the south and to a trail that runs along CH21 to the east. Jeffers Pond includes park facilities to serve this development. Tree Preservation/Landscaping: Prior Lake City Code requires one (1) tree per 40 feet of site perimeter. The site perimeter is 1,837 lineal feet which requires 46 trees. The applicant has submitted a landscaping plan that incorporates 72 total trees; 20 overstory, 31 coniferous, and 21 ornamentals. Parking: The proposed development includes 197 total units; 156 one bed units, 39 two bed units, and 2 three bed units, for a total of 240 bedrooms. The development proposes 282 total parking stalls, 182 of which are underground. Sanitary Sewer / Water Mains: Sanitary sewer and watermain service are available in Jeffers Parkway NW. Grading / Storm Water: The applicant proposes to direct storm water to a new infiltration basin to the southwest. The new basin will function as part of the regional storm water system designed for the Jeffers Pond development. Fees and Assessments: This development will be subject to the standard development fees, including utility service charges, except for parkland dedication which was satisfied with the original phase of the Jeffers Pond development. Minor Amendment to the PUD Plan Prior Lake City Code Subsection 1132.1301 addresses minor amendments to Preliminary and or Final PUD Plans. Minor amendments include changes that increase conformity with City Code requirements; decrease residential density, leasable floor area, building height, impervious surface and/or required parking; minor building additions and floor plan modifications that do not increase parking requirements or reduce useable open space. The most significant modifications from the previously approved plan are a decrease in the building footprint, removal of covered parking that was proposed to occupy a portion of the first floor, increase in the square footage of the underground parking, and removal of a portion of the northeast section of the building. i. Residential density will not change. The revised plan maintains the previously approved 197 units and 240 total bedrooms. ii. Leasable floor area does not increase with the revised plan. Item 9A Page | 3 iii. Building height will be reduced from the previously approved roof height of 45’9” to 44’1”; and the height to peak will be reduced from 49’3” to 46’7”. iv. Impervious surface coverage is being reduced from 102,231 sq. ft. to 99,694 sq. ft. and the building footprint is being reduced from the previously approved 55,541 sq. ft. to 50,930 sq. ft. v. Additional parking is being proposed. The previously approved plan included a total of 273 parking stalls (209 covered and 64 surface); the current plan is proposing 282 total parking stalls (182 covered and 100 surface). The parking stall ratio is increasing from 1.39/unit to 1.43/unit and increasing from 1.14/bedroom to 1.18/bedroom. vi. Setbacks are also proposed to be amended slightly; however, any proposed revisions increase the setback from adjacent properties and rights-of-way. The north building setback is proposed to remain at 15 ft. the side yard setback to the closest residential property to the south is proposed to increase from 85.7 ft. to 87.5 ft.; the northeast building corner setback is proposed to increase from 60.7 ft. to 83.5 ft. PUDs provide a flexible approach to development that allows creative, efficient, and effective use of land, including the mixing of land uses. The proposed Preserve at Jeffers Pond project offers a high-density residential housing option not currently available in the Jeffers Pond Development. High density residential housing was approved as part of the original PUD Plan and was always anticipated, in addition to commercial uses in this area. The PUD must be reviewed based on the criteria found in Section 1132 of the Zoning Ordinance. The criteria which are applicable to the proposed Major Amendment request are discussed below: 1) Provides a flexible approach to development which is in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. The proposed PUD is in harmony with the purpose and intent of the Zoning Ordinance and consistent with the Comprehensive Land Use Plan designations for high density residential development in this area. 2) More creative, efficient, and effective use of land, open space, and public facilities through mixing of land uses. The proposed PUD provides over 50% of open space on the site. 3) Create a sense of place and provide more interaction among people. The proposed PUD proposes a multi-family residential structure with interior community meeting space and exterior pool and recreational opportunities. 4) Increase transportation options, such as walking, biking, or bussing. The proposed development is near existing regional trails which will provide convenient access for future tenants. 5) Provide opportunities for life cycle housing to all ages. The proposed PUD provides opportunities for current and future residents of Prior Lake that are seeking market rate rental housing options. 6) Provide more efficient and effective use of streets, utilities, and public facilities that support high quality land use development at a lesser cost. The proposed PUD will utilize existing street and utility infrastructure which was designed and installed previously to accommodate high density residential and commercial uses in the area. Item 9A Page | 4 7) Enhanced incorporation of recreational, public, and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The PUD district also encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. The proposed PUD is consistent with the originally approved plan related to high density residential in this area of the Jeffers Pond development. The original Jeffers Pond PUD conveyed property to the public for recreation and open space use. 8) Preserves and enhances desirable site characteristics and open space, and protection of sensitive environmental features including, but not limited to, steep slopes, wetlands, and trees. Where applicable, the PUD should also encourage historic preservation, re-use, and redevelopment of existing buildings. The proposed PUD does not include any changes to the existing wetland and wooded areas on the west half of the site. 9) High quality of design compatible with surrounding land uses, including both existing and planned. The proposed architectural design of the building is intended to compliment adjacent residential properties and the surrounding natural areas. The applicant has committed to the use of architectural standards including but not limited to varying building materials, accent design features, as well as varying wall depths and wall heights. Final Plat Jeffers Pond First Addition was approved by the Prior Lake City Council on June 6, 2005. Jeffers Pond First Addition included a 9.287-acre outlot, identified as Outlot B, which was reserved for future phases of development. Outlot B, Jeffers Pond First Addition is proposed to be platted as Lot 1, Block 1, Jeffers Pond Ninth Addition. Platting the outlot will make the parcel buildable and allow for the construction of the proposed 197-unit market rate multi-family development. The principal requirements for final plat approval include a development agreement (attached) that specifies the development fees and other requirements for the platted lot(s). Conclusion the developer is complying with the originally approved PUD Plan for Jeffers Pond and the previously approved Major PUD Amendment by incorporating a high-density residential life cycle housing option which has always been anticipated in the Jeffers Pond Development and they are within the allowances for impervious surface. The attached City of Prior Lake staff memorandum identifies staff comments that will need to be addressed prior to issuance of construction or grading permits. City staff does not feel that addressing these comments will substantially alter the PUD plans. FINANCIAL IMPACT: Approval of the proposed Minor PUD Amendment and Final Plat would allow for construction of a 197-unit market rate apartment building which will help diversify the city's tax base. Item 9A Page | 5 ALTERNATIVES: 1. Motion and second approving a resolution approving a minor amendment to the Preserve at Jeffers Pond PUD Plan and a resolution approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. 2. Motion and a second to deny approval of a minor amendment to the Preserve at Jeffers Pond PUD Plan and/or the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. 3. Provide direction to staff and continue discussion at a future meeting. ATTACHMENTS: 1. Resolution – Minor PUD Amendment 2. Resolution – Final Plat 3. Location Map 4. PUD Plan – Site, Civil, Grading, & Landscaping 5. PUD Plan – Architectural 6. Final Plat 7. Development Agreement 8. City Staff Memorandum Dated May 18, 2023 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-____ A RESOLUTION APPROVING A MINOR AMENDMENT TO THE JEFFERS POND PLANNED UNIT DEVELOPMENT (PUD) PLAN Motion By: Second By: WHEREAS, Chase Real Estate, Inc. (the “Property Owner”), on behalf of Gallery Prior Lake, LLC (the “Developer”), has applied for a Minor Amendment to the Jeffers Pond Planned Unit Development (PUD) plan; and WHEREAS, the City Council approved the original Jeffers Pond PUD Plan per Resolution 05- 107 on June 6, 2005; and WHEREAS, the Prior Lake Planning Commission conducted a public hearing on April 25, 2022 to consider a request from RCP Construction and Development LLC, on behalf of the property owner United Properties Residential LLC, for a Major Amendment to the Jeffers Pond PUD Plan for a development to be known as The Preserve at Jeffers Pond to allow the construction of a four-story market rate apartment building containing 197 units on Outlot B, Jeffers Pond First Addition (PID 254371690) (the “Property”); and WHEREAS, Notice of the public hearing on said hearing was duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinance; and WHEREAS, the Prior Lake City Council approved the Major PUD Amendment for the Preserve at Jeffers Pond on May 2, 2022; and WHEREAS, the Property was sold by United Properties Residential LLC to Chase Real Estate, Inc. on December 22, 2022; and WHEREAS, on June 5, 2023 the Prior Lake City Council considered a request from Chase Real Estate, Inc. (the “Property Owner”), on behalf of Gallery Prior Lake, LLC (the “Developer”), for a Minor PUD Amendment for the Preserve at Jeffers Pond; and WHEREAS, the Prior Lake City Council has the authority to impose reasonable conditions on a Minor Amendment to the PUD. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Minor Amendment to the Jeffers Pond PUD is hereby approved for the Preserve at Jeffers Pond subject to the following conditions: a. The Developer shall obtain a grading permit from the City Engineering Department prior to any work on the stie. b. The Developer shall obtain required permits from other state or local agencies as applicable prior to any work on the site. c. The Developer shall revise the plans and provide all information in accordance with the requirements contained in the City staff memorandum dated May 18, 2023 prior to any work on the site. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ __________________________ Jason Wedel, City Manager 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-___ A RESOLUTION APPROVING THE JEFFERS POND NINTH ADDITION FINAL PLAT AND DEVELOPMENT AGREEMENT Motion By: Second By: WHEREAS, Chase Real Estate, Inc. (the “Property Owner”), on behalf of Gallery Prior Lake, LLC (the “Developer”), has submitted an application to the City of Prior Lake for approval of a final plat for Jeffers Pond Ninth Addition; and WHEREAS, Jeffers Pond Ninth Addition is a replat of Outlot B, Jeffers Pond First Addition, (PID 254371690); and WHEREAS, the City Council has found that the final plat of Jeffers Pond Ninth Addition is in substantial compliance with the approved plat of Jeffers Pond First Addition. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The final plat of Jeffers Pond Ninth Addition is approved subject to the following conditions, which shall be met by the Property Owner prior to release and recording of the final plat: a. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. b. Payment of all fees prior to release of the final plat mylars. c. Three mylar sets of the final plat with all required signatures are submitted. d. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval. Failure to record the documents by September 3, 2023 will render the final plat null and void. 3. The following conditions shall be met by the Developer prior to issuance of a grading or building permit for any work on the site. a. The Developer shall obtain a grading permit from the City Engineering Department. b. The Developer shall obtain required permits from other state or local agencies as applicable. c. The Developer shall revise the plans and provide all information in accordance with the requirements contained in the City staff memorandum dated May 18, 2023. 4. The Mayor and City Manager are hereby authorized to execute the Development Agreement on behalf of the City. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ __________________________ Jason Wedel, City Manager LOCATION MAP 01-ENG-122144-SHEET-COVR 0.1 SITE PLANPUD PLANEXISTING CONDITIONS & REMOVALSLEGENDCOVERSHEET INDEX0.10.21.12.12.2 THE PRESERVE AT JEFFERS POND PUD AMENDMENT PLAN PRIOR LAKE , MINNESOTA COVER Know what's below. before you dig.Call R SHORELAND OVERLAY PLAN3.1 GRADING PLAN4.1-4.2 EROSION CONTROL & SEEDING PLAN4.4 WALL CONSTRUCTION PLAN4.5 GRADING DETAILS & NOTES4.6-4.7 SANITARY & WATERMAIN PLAN5.1 STORM SEWER PLAN6.1-6.2 DRAINTILE PLAN6.3-6.4 PARKING LOT CONSTRUCTION7.1 DETAILS8.1-8.4 LANDSCAPE PLANL1. FIRE ACCESS DETAILF1. SIGHT DISTANCE GRAPHICS1. I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 WETLAND OVERFLOW EXHIBIT4.3 01-ENG-122144-SHEET-LGND 0.2LEGEND I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-EXCON-DEMO 1.1EXISTING CONDITIONS & REMOVAL PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SITE-PUD 2.1PUD PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SITE-PUD 2.2SITE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SHORELAND 3.1SHORELAND OVERLAY I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-GRAD 4.1GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-GRAD 4.2GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-EOF 4.3WETLAND EOF EXHIBIT I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 LEGEND · · · · · · · · · · · · · · · · · · 01-ENG-122144-SHEET-EROS 4.4EROSION CONTROL & SEEDING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 EROSION CONTROL PLAN SEEDING PLAN WALL A TOP WALL B TOP WALL C TOP 01-ENG-122144-SHEET-WALL 4.5WALL DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 · · · · · · · · 01-ENG-122144-SHEET-GRAD-DTLS 4.6GRADING DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 · 01-ENG-122144-SHEET-GRAD-DTLS 4.7GRADING DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SSWR 5.1SANITARY & WATERMAIN PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 III 01-ENG-122144-SHEET-STRM 6.1STORM SEWER CONSTRUCTION I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-STRM 6.2STORM SEWER CONSTRUCTION I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DRAINTILE 6.3DRAINTILE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DRAINTILE 6.4DRAINTILE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-ROAD 7.1PARKING LOT CONSTRUCTION I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.1DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.2DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.3DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.4DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 PATIO WITH GAZEBO/PERGOLA, SEATING, AND GRILL STATIONS FIREPIT ROCK ROCK ROCK ROCK ROCK ROCK ROCK ROCK WOOD WOOD WOOD WOOD WOOD WOOD SOD SOD ARTIFICIAL TURF SOD PATIO POOL PERENNIAL/SHRUB GARDENS CENTER ISLAND TO BE MULCHED WITH ROCK MULCH TO A DEPTH OF 3" OVER FIBER MAT WEED BARRIER PLANTED WITH ORNAMENTAL GRASSES AROUND LIMESTONE OUTCROPPINGS ROCK ROCKROCKROCK 1OFJLT JLT Name Reg. No.Date I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L1LANDSCAPE PLAN c OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 02-09-2023 BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-VEHC-TRAC-FIRE F1FIRE ACCESS PLAN 1 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 PATIO WITH GAZEBO/PERGOLA, SEATING, AND GRILL STATIONS FIREPIT ROCK ROCK ROCK ROCK ROCK ROCK ROCK ROCK WOOD WOOD WOOD WOOD WOOD WOOD SOD SOD ARTIFICIAL TURF SOD PATIO POOL PERENNIAL/SHRUB GARDENS CENTER ISLAND TO BE MULCHED WITH ROCK MULCH TO A DEPTH OF 3" OVER FIBER MAT WEED BARRIER ROCK ROCK ROCKROCK MNS-30 PC-40 MC-30 WLC - 3 0 RS-25 PC-20 AGR-50 WL C - 2 5 MC-40 PC-40 W L C - 2 5 PC-40 AG R - 3 5 MC-15 PC-20 WLC-25 AGR-20 PC - 2 0 WLC-20 MNS-20 AGR-20PC-20 WLC-20 W L C - 1 5 BW-25 B W - 2 0 AL- 2 0 M N S - 2 0 RS-20 MN S - 2 0 A G R - 2 0 B W - 3 0 RPW-3 KFG-8 MC-40 MJ-6 GBS-1 JWS-7 TY-4 TY-6 TY-7 TY-8 TY-4 TY-4TY-8TY-4 AWS-8 GBS-1 AH-6 GBS-1 CR-20 CR-15 GBS-1 JWS-5 AH-5 KFG-10 AH-5 AH-5 KFG-5 RPW-3 AWS-6 TY-4 KFG-10 TWN-6 TY-4 CAV-3 DKL-7 TWN-5 NFS-14 CR-7 JWS-10 TWN-3 RPW-3 DKL-5 SV-4 AWS-18 CCJ-12 RPW-3 RPW-3 GBS-1 AH-3 AH-6AH-6 AH-4 TY-4 TY-4 TY-4 TY-4 RPW-3 RPW-3 DKL-5NFS-6 JWS-6NFS-5RPW-6 DKL-5 DKL-5 TWN-3 BH-15 ID-10 AH-5 AWS-13 BH-11 DKL-19 KFG-70 AH-3 AH-3 NFS-4 GRILLS STEPPING STONESE AMENITY AREA DETAILS AND PLANT SCHEDULE SHEETS L2-3 KFG-4 LB-5 LB-6 LB-8 LB-8 KFG-4 LB-5 KFG-8 KFG-5 KFG-8 FIREPIT CR-7 CR-7 TWN-5 GAZEBO/PERGOLA PATIO ROCK 01-ENG-122144-SHEET-SIGHT S1SIGHT DISTANCE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 1 62,959 ft² Parking Garage 240 ft² Stair 240 ft² Stair 9'- 0 " T y p . 18'-0" Typ.24'-0" Drive Aisle 18'-0" Typ.14'-0" Tandem 18'-0" Typ.24'-0" Drive Aisle 18'-0" Typ. ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRICNOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 1/16" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 3 5 FLOOR PLANS - LEVEL -1 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.0 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level -1 PARKING Level Type Count Level -1 Parking - Garage 182 Level -1 Parking - Garage Tandem 22 204 Rev. No. Revision Date 02.27.2023 1,155 ft² Fitness 1,155 ft² Club Room 996 ft² Leasing 3 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1,625 ft² Lobby 812 ft² Lobby 812 ft² Yoga 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 POOL DECK 1 BR 1 BR 292 ft² Stair 292 ft² Stair 1 BR 1 BR 1 BR 1 BR POOL GRILL AREA APARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 6 FLOOR PLANS - LEVEL 1 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.1 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 1 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.202302.27.2023 TWO-STORY LOBBY2 BR 2 BR 3 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1 BR 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 1,625 ft² Community Room 292 ft² Stair 292 ft² Stair 2 BR 1 BR 1 BR 1 BR 1 BRMEZZANINESTUDYMEZZANINESTUDYAPARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 7 FLOOR PLANS - LEVEL 2 KWA 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.2 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 2 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.202302.27.2023 2 BR 2 BR 2 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1 BR 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 1 BR 1 BR 1 BR 1 BR 2 BR 292 ft² Stair 292 ft² Stair 1 BR 1 BR 1 BR 1 BR APARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 8 FLOOR PLANS - LEVEL 3 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.3 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 3 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.202302.27.2023 2 BR 2 BR 2 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1 BR 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 1 BR 1 BR 2 BR 1 BR 1 BR 292 ft² Stair 292 ft² Stair 1 BR 1 BR 1 BR 1 BR APARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 9 FLOOR PLANS - LEVEL 4 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.4 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 4 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.2023 Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 12 1 4 56789 10 1112 2'- 6 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " T.O. Parapet 144'-0 3/4" Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 6 5 12 7 91011 8 T.O. Parapet 144'-0 3/4" 2'- 6 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 7 4 12 4 9 5 6 5 12 T.O. Parapet 144'-0 3/4"1'- 0 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 5 10 11 12 4 8 9 3 5 6 T.O. Parapet 144'-0 3/4" 11 ' - 4 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 9'- 1 1 / 8 " 3'- 0 " Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 3 1 12 12 5 7 12 9 T.O. Parapet 144'-0 3/4" 2'- 6 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Height Limit 150'-0"NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 3/32" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 4 2 EXTERIOR ELEVATIONS Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 6.1 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 3/32" = 1'-0"3 Elevation - Courtyard South 3/32" = 1'-0"1 Elevation - Courtyard Southeast 3/32" = 1'-0"2 Elevation - Courtyard East 3/32" = 1'-0"4 Elevation - Courtyard North 3/32" = 1'-0"5 Elevation - South End MATERIAL INDEX Material Mark Description 1 MASONRY SYNTHETIC STONE/BRICK 2 MASONRY HEAD/SILL 3 DECORATIVE MASONRY BURNISHED BLOCK 4 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: SANDSTONE 5 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: WOODTONE 6 SYNTHETIC 6" LAP SIDING (FIBER-CEMENT); COLOR: TAN 7 PREFINISHED METAL FLASHING; COLOR: DARK BRONZE 8 COMPOSITE WINDOWS 9 PREFINISHED ALUMINUM DECKS AND RAILINGS, BLACK 10 ALUMINUM BRACKETS, PAINTED; BLACK 11 DECORATIVE BEAMS 12 SYNTHETIC SIDING (PREFINISHED METAL); COLOR: BRONZE Rev. No. Revision Date 46 ' - 6 3 / 4 " 46 ' - 6 3 / 4 " 44 ' - 3 / 4 " 02.27.2023 Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 5 12 7 12 11 10 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 2'- 6 1 / 8 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 5 7 12 8 4 6 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 11 ' - 4 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 9'- 1 1 / 8 " 3'- 0 " 2'- 6 1 / 8 " Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 12 2 12 5 7 4 56 91011 12 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 1'- 0 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 "NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 3/32" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 4 4 EXTERIOR ELEVATIONS Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 6.2 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS3/32" = 1'-0"1 Elevation - North End 3/32" = 1'-0"3 Elevation - North 3/32" = 1'-0"2 Elevation - Northwest MATERIAL INDEX Material Mark Description 1 MASONRY SYNTHETIC STONE/BRICK 2 MASONRY HEAD/SILL 3 DECORATIVE MASONRY BURNISHED BLOCK 4 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: SANDSTONE 5 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: WOODTONE 6 SYNTHETIC 6" LAP SIDING (FIBER-CEMENT); COLOR: TAN 7 PREFINISHED METAL FLASHING; COLOR: DARK BRONZE 8 COMPOSITE WINDOWS 9 PREFINISHED ALUMINUM DECKS AND RAILINGS, BLACK 10 ALUMINUM BRACKETS, PAINTED; BLACK 11 DECORATIVE BEAMS 12 SYNTHETIC SIDING (PREFINISHED METAL); COLOR: BRONZE Rev. No. Revision Date 02.27.2023 Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 6 4 12 9 51214 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 1'- 0 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" ? 12 10 1112 5 9 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 2'- 6 1 / 8 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 "NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 3/32" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 4 6 EXTERIOR ELEVATIONS Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 6.3 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS MATERIAL INDEX Material Mark Description 1 MASONRY SYNTHETIC STONE/BRICK 2 MASONRY HEAD/SILL 3 DECORATIVE MASONRY BURNISHED BLOCK 4 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: SANDSTONE 5 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: WOODTONE 6 SYNTHETIC 6" LAP SIDING (FIBER-CEMENT); COLOR: TAN 7 PREFINISHED METAL FLASHING; COLOR: DARK BRONZE 8 COMPOSITE WINDOWS 9 PREFINISHED ALUMINUM DECKS AND RAILINGS, BLACK 10 ALUMINUM BRACKETS, PAINTED; BLACK 11 DECORATIVE BEAMS 12 SYNTHETIC SIDING (PREFINISHED METAL); COLOR: BRONZE 3/32" = 1'-0"2 Elevation - West 3/32" = 1'-0"1 Elevation - South Rev. No. Revision Date 02.27.2023 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Page 1 DEVELOPMENT AGREEMENT PRESERVE AT JEFFERS POND PROJECT #22-000004 This Development Agreement (“Agreement”) is entered into this ____ day of __________, 2023, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Gallery Prior Lake, LLC a business 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 approval for the construction of one hundred and ninety-seven (197) Apartments on the Property; NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 23-____ (“Resolution”) for Final Plat approval for the construction of one hundred and ninety-seven (197) Apartments 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 building permit and Developer shall not construct upon the Property in any manner, or begin the Development Work until all of the following Page 2 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. (Intentionally Omitted) 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 Peter J. Hawkinson with Pioneer Engineering, P.A.) 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 Pioneer Engineering, P.A. and dated 02/09/2023) Plan C -- Plans and Specifications for Developer Installed Public Improvements as stamped approved by the City Engineer or his/her designee (Prepared by Pioneer Engineering, P.A. and dated 02/09/2023) Plan D -- Landscape Plan as stamped approved by the City Community Development Director or his/her designee (Prepared by Pioneer Engineering. P.A. and dated 02/09/2023) 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. Page 4 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, 2025. 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. Any modifications to this section are to be proposed in writing and approved by the City Engineer. (Intentionally Omitted) 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 Developer Installed Public 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. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer Installed Public Page 5 Improvements, the Developer Installed Public Improvements shall automatically become 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. 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 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. 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) Page 6 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. 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. 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. Page 7 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 the property. 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. 11. CONSTRUCTION ACCESS. Construction traffic access is restricted to Fountain Hills Drive and Jeffers Parkway. 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. Page 8 C. Developer may apply for a grading and excavation permit prior to the issuance of building permits. 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. 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; (iv) any property for park dedication, and (v) all other property interests, conveyance of which is required by this Agreement. B. 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. 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 Page 9 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 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. D. 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. C. City shall convey to Developer a Sign Easement (the “Sign Easement”) in form and content as shown in Exhibit D attached hereto. 15. LEGAL FEES / DEPOSITS. A. 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. The City Engineer or his/her designee may invoice the Developer direclty for such costs and Developer shall pay all such invoices Page 10 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. B. Construction Observation Deposit. Developer shall be responsible for all reasonable construction observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit 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 the Developer’s installed public improvement 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. (Intentionally Omitted) C. Tree Preservation and Replacement. D. Trunk Storm Water Acreage Charge. E. Trunk Water Acreage Charge. Page 11 F. Trunk Sewer Acreage Charge. G. Street Light Operational Costs. (Intentionally Omitted) H. Chip Seal Fee. (Intentionally Omitted) 17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance of the platted lot on the Property but not to include the DNR Protected Wetland(s) having a conservation easement; 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 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. (Intentionally Omitted) 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 Page 12 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. (Intentionally Omitted) 20. LANDSCAPING. Landscaping for the Property shall comply with Plan D. 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. Page 13 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. The security shall be released following inspection and acceptance of the improvements. iii. 125% of projected costs for the proposed plantings per the landscape plan, as certified by a registered engineer and approved by the City Engineer or his/her designee. 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 after providing notice to the Developer 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 Page 14 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 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 Page 15 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 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 Page 16 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. 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 Page 17 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: 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 Page 18 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, 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: Gallery Prior Lake, LLC, 2140 County Road 42 W, Burnsville, MN 55337. 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, Campbell Knutson, Grand Oak Office Center 1, 860 Blue Gentian Road, Suite 290, Eagan, MN 55121. Page 19 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, 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. Page 20 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 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 Page 21 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. 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 Page 22 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. 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. 35. LANDSCAPING. Developer agrees to maintain the landscape areas around the Jeffers Waterfront subdivision identification sign located partially on Property and the median area within Fountain Hills Drive NW located north of the round-a-bout and south of CH42; these landscape areas are shown on Exhibit E (hereinafter the “Landscape Area”). All landscaping in the Landscape Area shall be maintained and cared for in a manner consistent with the standards of design and quality as originally established in Jeffers Pond First Addition and in a condition comparable to that of other well-maintained landscape areas in the vicinity of the Landscape Area. All landscaping shall be maintained in a neat and orderly condition. Any weeds shall be removed and any diseased or dead lawn, trees, ground cover or shrubbery shall be removed and replaced. All lawn areas shall be neatly mowed, mulched areas shall be maintained, and trees and shrubs shall be neatly trimmed. Irrigation systems, if any, shall be fully maintained in good working condition to ensure continued regular watering of landscape areas, and health and vitality of landscape materials. 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 Page 23 with City Code Section 1132. The Property shall be developed in compliance with Resolution No. 23-___ dated June 5, 2023, and the plans approved by that Resolution. Page 24 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 ____________, 2023, 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 25 Gallery Prior Lake, LLC By: ________________________________ Andrew Chase Its: ________________________________ STATE OF MINNESOTA ) (ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 2023, by Andrew Chase, as ___________________________ of Gallery Prior Lake, LLC, on behalf of the corporation. _____________________________________ NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 26 EXHIBIT A TO DEVELOPMENT AGREEMENT FINAL PLAT EXHIBIT Page 27 EXHIBIT B TO DEVELOPMENT AGREEMENT Deposit/Escrow Amt Per Total Construction Observation Deposit 8% of Public Improvements = TBD TOTAL Deposit/Escrow = Fee Amt Per Total Administrative Fee 6% of Public Improvements = TBD Park Dedication Fee X = NA Trunk Sanitary Sewer Acreage $ 5,130.00 X 3.79 Acres = $19,442.70 Trunk Water Acreage $ 4,180.00 X 3.79 Acres = $15,842.20 Trunk Storm Sewer Acreage $ 7,510.00 X 3.79 Acres = $28,462.90 Chip Seal Fee (Public Streets) X = NA TOTAL Fee = $63,747.80 + Admin Fee (TBD) Security Total Sanitary Sewer = TBD Water Main = TBD Storm Sewer = TBD Streets/Sidewalks/Trails = TBD Additional Items = TBD Subtotal (rounded) = $78,000 TOTAL (125% of subtotal) = $97,500 Oversizing Calculation Total N/A = Page 28 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] Page 29 EXHIBIT D TO DEVELOPMENT AGREEMENT GRANT OF SIGN EASEMENT THIS GRANT OF SIGN EASEMENT is made and entered into effective as of the _____ day of ________________, 2023, by the CITY OF PRIOR LAKE, a Minnesota municipal corporation, (“City”) in favor of GALLERY PRIOR LAKE, LLC, a Minnesota limited liability company (“Grantee”). WHITNESSETH: A. The City, in consideration of One and no/100 Dollars ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the Grantee, a permanent easement (the “Easement”) for sign purposes on, over, under, across and through the real estate legally described on Exhibit A and depicted on Exhibit B, each attached hereto and incorporated herein (the “Easement Area”). B. The grant of the Easement includes the right of the Grantee, and its contractors, agents, employees, successors and assigns, to enter upon and use the Easement Area to construct, reconstruct, inspect, repair, operate, maintain, improve and use the existing sign and associated improvements, facilities and appurtenances, on, over, under, across and through the Easement Area; to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the Easement Area; to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation; and to do all other acts and things which are reasonably necessary for or incidental to the enjoyment of the Easement rights granted herein. C. Grantee shall have sole control over any sign installed in the Easement Area subject to the applicable City of Prior Lake sign regulations. Grantee shall perform, as and when necessary, and pay the cost for, such maintenance of any sign located within the Easement Area as may be reasonably necessary to maintain the sign in good and aesthetic condition. If Grantee fails to maintain any such sign in a good and aesthetic condition the City may either restore the sign to good and aesthetic condition or remove the sign and the City may invoice Grantee for all costs incurred in such restoration or removal. If Grantee fails to pay such invoice within 30 days, City may specially assess the costs against Grantee’s property legally described as Lot 1, Block 1, Jeffers Pond Ninth Addition. Grantee hereby waives any and all objections to and the right to appeal such assessment. D. Notwithstanding anything in paragraph C above, if at any time the City performs work in the Easement Area, which work results in removal of all or part of a sign in the Easement Area or damage to said sign, the City shall not be responsible for any such damage and shall not be responsible to repair or replace said sign. In addition, if after such work, Grantee elects to restore or replace said sign Grantee shall locate said sign in the Easement Area only as approved in writing by the City. E. If at any time Grantee removes or replaces any sign installed in the Easement Area, Grantee shall ensure that any replacement sign shall be installed and lo cated solely on Grantee’s property and not within the Easement Area. F. To the extent permitted by applicable law, upon the Grantee’s acceptance of this instrument, the Grantee, or its successors and assigns shall indemnify and hold harmless the City, its agents, employees, representatives, successors and assigns (collectively the “Indemnified Owner”) from Page 30 and against all third-party liabilities, damages, claims, costs and other similar expenses which may be incurred by the Indemnified Owner by reason of bodily injury or death of any person or damage to or destruction or loss of any property arising on or from the use or non-use of the Easement. Notwithstanding the foregoing, the indemnification obligations shall not apply to the United States Department of Housing and Urban Development (“HUD”) in the event HUD comes into possession or ownership of the Property but shall continue to apply to any successor in interest to HUD. TO HAVE AND TO HOLD THE SAME, together with all of the hereditaments and appurtenances thereunto belonging, or in any way pertaining to the Easement, to the Grantee forever. IN TESTIMONY WHEREOF, the City has caused this instrument to be executed as of the day and year first above written. CITY OF PRIOR LAKE By:__ NOT FOR SIGNATURE____________________ Name: Kirt Briggs Its: Mayor By:__ NOT FOR SIGNATURE___________________ Name: Jason Wedel Its: City Manager STATE OF MINNESOTA ) ) ss: COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me on ________________, 2023, by Kirt Briggs, Mayor, and Jason Wedel, City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Stamp ______ NOT FOR SIGNATURE_________ Notary Signature Drafted by: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Page 31 EXHIBIT A TO GRANT OF SIGN EASEMENT LEGAL DESCRIPTION OF EASEMENT AREA A perpetual easement for sign purposes over and across all that part of Fountain Hills Drive, as delineated on JEFFERS POND NINTH ADDITION, Scott County, Minnesota, described as follows: Beginning at the northeast corner of said JEFFERS POND NINTH ADDITION, thence South 01 degrees 36 minutes 53 seconds West, assumed bearing along the westerly right-of- way line of said Fountain Hills Drive, 43.86 feet; thence North 89 degrees 10 minutes 01 seconds East, 15.51 feet; thence North 01 degrees 36 minutes 53 seconds East, 43.86 feet to the easterly extension of the southerly right-of-way C.S.A.H. 42 (140th Street) as delineated on said JEFFERS POND NINTH ADDITION; thence South 89 degrees 10 minutes 01 seconds West, 15.51 feet to the point of beginning. Page 32 EXHIBIT B TO GRANT OF SIGN EASEMENT DEPICTION OF EASEMENT AREA Page 33 EXHIBIT E TO DEVELOPMENT AGREEMENT LANDSCAPE AREA L:\23 FILES\SUBDIVISIONS\PUD\Minor PUD Amend_Preserve at Jeffers Pond_Chase RE\06.05.2023 CC Report\Attach9_City Staff Memorandum_05.18.2023.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M Memorandum To: Nick Monserud, Assistant City Engineer From: Kris Keller, Laura Pietila - WSB Date: May 18, 2023 [Updated 05.25.23 to include PLSLWD comments] Re: Preserve at Jeffers Pond WSB Project No. 019950-000 We have completed a review of the civil and stormwater plans submitted for the Preserve at Jeffers on May 8, 2023 as prepared by Pioneer Engineering. The following documents were reviewed: • 122144 Stormwater Memorandum Rev 02 (5-2-23).pdf • The Preserve at Jeffers Pond – Rev 02 (05-02-2023).pdf Comments are provided within this Memorandum and in the corresponding redlined plan set. Please note that not all comments within the plan set are in the Memorandum. We have the following comments with regards to stormwater management and engineering. General 1. Submit for and provide copies to the City of all required permits from applicable regulatory agencies (MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, County, etc.) 2. A Sign Easement shall be drafted by City for the Jeffers Pond neighborhood monument sign on a portion of development property and within the right‐of‐way. 3. City shall draft and Developer shall execute a Monitoring and Maintenance Agreement for landscaping within the Fountain Hills Drive NW right‐of‐way. 4. City shall draft and Developer shall execute an easement for existing public utilities and trails on development property not currently within a designated easement. 5. City shall draft and Developer shall execute a Maintenance Agreement all stormwater BMPs. Preserve at Jeffers Pond May 18, 2023 Page 2 Stormwater Management 1. Rate Control a. The City of Prior Lake and PLSLWD are comfortable allowing the development to not meet the PLOC MOA discharge rate requirement at the site boundary, provided that the MOA discharge rate is met regionally. i. Provide calculations proving the MOA discharge rate is met regionally with the proposed development. 1. Please provide the original and updated regional HydroCAD model. a. The Stormwater memorandum outlines two ways that rate control will be shown to be met. However, inadequate evidence has been provided to justify that rate control is met. i. For rate control method 1, please provide the existing SCS Type II model that proposed rates will be compared against to Wetland 9-3 and Wetland 11. ii. For rate control method 2, please provide the 716+ acre model in hcp format for review. Rate control is unable to be adequately reviewed with a model containing only Wetland 10. 2. General a. All emergency overflow routes shall be graded and the easement area sodded prior to building permit issuance. Provide a detail. i. Unable to locate EOF detail in plan set. Please call out page number. b. Update the weir elevation on the grading plan and detail to match the HydroCAD weir elevation of 887.35. c. Note that the high water level will increase in basin 7A and 7B from existing to proposed conditions. It appears that the increased HWL will not impact homes, but please confirm. Grading 1. Update the EOF route to show it crossing Jeffers Parkway (891.x) before it crosses 140th Street (892.4) 2. Label the top and bottom retaining wall elevations (Wall B & Wall C-Tier 2) on the grading plan. 3. Retaining walls exceeding 4’ in height shall require a plan prepared by a licensed engineer submitted for review and approval. 4. Retaining walls must be kept out of the drainage and utility easements . 5. Remove portion of Retaining Wall A in the City’s outlot. 6. Access routes to the public way must be ADA compliant a. Consider alternative route along the north side of the parking area. Preserve at Jeffers Pond May 18, 2023 Page 3 Utilities 1. Storm Sewer a. Include updated rational storm sewer calculations for the storm sewer within the site per the revised storm sewer sizes and materials. b. Junction manholes should be designed to limit the hydraulic head increase by matching hydraulic flow lines (pipe crowns). 2. Coordinate meeting fire protection requirements on the west side of the building with the Building and Fire Officials. SWPPP 1. Prepare a SWPPP in accordance with City and NPDES standards. PLSLWD The following PLSLWD comments are incorporated into the City’s review memo: 1. PLSLWD is comfortable allowing the development parcel to not meet the PLOC MOA discharge rate, provided the MOA discharge rate is met regionally and on the condition that either the City of Prior Lake or the project engineer provide them with the following: a. Calculation proving the MOA discharge rate is met regionally with the proposed development. Confirm after requested updates are made to the HydroCAD model. 2. Sheets 4.1 & 6.1– Update Pond 6P Outlet Elevation to match the HydroCAD/Stormwater Management Plan outlet elevation of 887.35. 3. Sheet 4.7 – Update the Pond Outlet Skimmer Detail internal weir elevation to 887.35 and change the HWL to 888.5. 4. Sheet 4.7 – Update the Storm Water Basin Section Outlet Elevation to 887.35 and HWL to 888.5.