HomeMy WebLinkAbout09(C) - Approve Resolution Approving a Combined Preliminary and Final Plat to be known as Revere Addition Report
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DEVELOPMENT AGREEMENT
Revere Addition
PROJECT #PDEV24-000037
This Development Agreement (“Agreement”) is entered into this ____ day of ________, 2024, by
and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and MP HOLDINGS LLC,
a Minnesota Limited Liability Company (“Developer”).
WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of
Scott, legally described on Exhibit A (“Property”) being platted as set forth in Exhibit A (“Final Plat”);
WHEREAS, Developer has applied to the City for Combined Preliminary Plat and Final Plat
approval of the Property;
NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 24-_____
(“Resolution”) for Combined Preliminary Plat and Final Plat approval of 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
conditions have been satisfied: 1) the Final Plat and this Agreement have been fully executed by all parties
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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 Lot 1, Block 1,
Revere Addition 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. Revere Addition
represents the first phase of a multi-phased Plat. The Developer will be further subdividing Outlot A, Revere
Addition into lots and blocks in future years. No other subsequent phases of development on Outlot A, Revere
Addition may proceed until the City Council approves development agreements for such phases. Fees and
charges collected by the City in connection with infrastructure, public improvements and parkland dedication
requirements are not being imposed on outlots, if any, in the Final Plat that are designated in an approved
preliminary Plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are subdivided into lots and blocks.
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans identified below, subject
to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this
Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein.
If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply.
The Plans are:
Plan A - Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by
Probe Engineering Company, Inc.) subject to the changes and modifications set forth
in the Resolution.
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
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other work required by the Plans and such other work as is required by this Agreement, the Resolution,
Ordinance, or the documents or parties identified above are hereafter referred to as the "Development
Work."
4. FINAL PLAT AND AS-BUILTS. The Developer shall submit the Final Plat in electronic
format. The electronic format shall be compatible with the City's current software.
5. 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.
6. 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.
7. 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 a
certificate of occupancy has been issued for each specific lot.
B. Developer shall install silt fence prior to lot construction to avoid erosion to adjoining
properties, public sidewalk or the public street; locate all garbage roll offs and dumpsters, or cause the
same to be located, on the Property and not on public property; and install protection at catch basins to
prevent silt and debris from entering the storm sewer.
C. Developer shall seed or lay cultured sod in all boulevards and restore all other areas disturbed
by the Development Work within thirty (30) days of the completion of street related improvements.
Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP.
No building permits will be issued until the Developer has installed silt -fence behind the curb of all
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buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request
of the City Engineer or his/her designee, the Developer shall remove the silt fences after turf establishment.
D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented
by the Developer and inspected and approved by the City Engineer or his/her designee. The City Engineer
or his/her designee may require the Developer, at no cost to the City, to install additional erosion control
measures if they are necessary to meet erosion control objectives. All areas disturbed shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
E. No development or utility construction on the Property will be allowed unless the Property
is in full compliance with the erosion control requirements for the Property.
8. CONSTRUCTION ACCESS. Construction traffic access is restricted to 170th Street and
Revere Way. No construction traffic is permitted on other adjacent local streets.
9. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. A temporary or permanent certificate of occupancy shall not be issued for any building on the
Property until water and sewer services are connected to the Property. When a public sewer connection is
available to serve the Property, Developer shall have sixty (60) days, weather permitting, to abandon and
remove the holding tank per Scott County requirements.
C. Notwithstanding any other provision of this Agreement, the City will issue a building permit
upon Developer’s compliance with the following requirements: (1) approval of the building plans by the
Building Official; and (2) approval of a site survey by the City Community Development Director.
10. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS.
A. 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
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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, except as disclosed in the Environmental
Reports prepared by Stantec, File No. 22703616, Phase I dated July 18, 2022, and closure letter dated
November 9, 2022, copies of which have been provided to the City, Developer states 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.
B. 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.
11. 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 directly for such costs and Developer shall pay all such
invoices within ten (10) days of receipt.
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12. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set
forth in the City Fee Schedule and described in detail in Exhibit B prior to any work occurring on the
Property. Fees and charges are nonrefundable. Such fees and charges may include but are not limited to
the following:
A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on
construction cost estimates to reimburse the City for costs incurred.
B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park
dedication fees for the Property as required by City Code in effect as of the date of the plat approval.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Chip Seal Fee.
13. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance
of all platted lots on the Property, including but not limited to mowing and weed control, sidewalk clearing
(ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and
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.
14. 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
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of the activity which takes place during the development of the Property. Developer further agrees to pay
all costs required to repair the streets, utility systems and other public property damaged or cluttered with
debris when occurring as a direct or indirect result of the construction that takes place on the Property.
B. Developer shall clean the streets every day or as required by the City Engineer or his/her
designee.
C. Developer agrees that any damage to public property occurring as a result of construction
activity on the Property shall be repaired immediately if deemed to be an emergency by the City Engineer
or his/her designee. Developer further agrees that any damage to public property as a result of construction
activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City
Engineer or his/her designee.
15. 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.
16. 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 five (5) business days’
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.
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17. 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 reasonable 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.
18. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein, Developer shall
pay all costs incurred by it or the City in conjunction with the development of the Property, including, but
not limited to, legal, planning, engineering, design, development, construction, clean up, repair, easement
and land acquisition, and inspection expenses incurred in connection with (i) review, approval, denial, and
implementation of zoning, CUP, platting, site and building plan, and any other reviews, approvals, or
denials by the City and any other reviewing authority; (ii) the Developer Installed Public Improvements;
(iii) the Property; (iv) the preparation and review of the Agreement and other documents referred to in the
Agreement or related to the Development Work; and (v) enforcing the terms of this Agreement. Developer
shall pay in full all bills submitted to it by the City, in accordance with this Agreement, within 30 days
after receipt.
19. 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 improvements on the Property 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
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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 or “unit”, except
an outlot, to a builder is not an event of default); (5) failure to correct any warranty deficiencies; (6) failure
by the Developer to reimburse the City for any costs incurred by the City or to pay when due the payments
required to be paid or secured in connection with this Agreement; (7) failure by the Developer to renew the
Security at least thirty (30) days prior to its expiration date; (8) receipt by the City from the Developer’s
insurer of a notice of pending termination of insurance; (9) failure to maintain a current insurance certificate
on file with the City meeting City requirements; (10) failure to maintain the required insurance, bonds or
Security; (11) a breach of any provision of this Agreement; (12) if any representation made by Developer in
this Agreement, is inaccurate, either when made or at a later date; (13) failure by Developer to pay its debts
as they become due, the voluntary or involuntary filing of a petition in bankruptcy, an assignment by
Developer for the benefit of its creditors, or the appointment of a receiver for (a) Developer; (b) all or any
substantial portion of Developer’s assets; (c) the Property; or (14) if Developer is in default under any
mortgage or other pledge, guaranty or security agreement.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, through the
City Manager, City Engineer, City Community Development 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.
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4. The City may suspend issuance of building permits and/or certificates of occupancy
on any of the lots, including those lots sold to third parties.
5. The City may suspend the release of any escrowed dollars.
6. The City may use deposit or escrow dollars or other security to satisfy any outstanding
financial obligations to the City including but not limited to all real estate property taxes, utility charges, and
assessments with respect to the Property;
7. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the Property and cure the default, including but not limited to, completion of the Development Work.
When the City does any such work all costs incurred by the City in performing such work shall be recoverable
by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its
other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the
Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments
under Minnesota Statutes Section 429.081.
C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of
Default not less than five (5) business days 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. The City
will not exercise its remedies so long as the Developer, within the five (5) business day period commences to
cure the Event of Default and diligently pursues to completion such cure of the Event of Default stated in the
Notice. 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
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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.
20. 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:
PL 170th Street, LLC, 8345 W. 267th Street, Farmington, MN 55024. 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 at the
following address: Campbell Knutson, P.A., Attn: David Kendall, Grand Oak Office Center I, 860 Blue
Gentian Road, Suite 290, Eagan, MN 55121.
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.
21. 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
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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.
22. 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.
23. 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
occurrence 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.
24. 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.
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25. 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.
26. 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.
27. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat and the
Developer in performing all work under this Agreement shall comply with all county, metropolitan, state,
and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the
Plat or Developer is not in compliance, the 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.
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D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by
the parties and approved by resolution of the City Council.
E. Waiver. Failure of the City to require performance of any provision of this Agreement shall
not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the
City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify
the effectiveness of such provision.
F. Assignment. The Developer may not assign this Agreement without the prior written
approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire Property, or any part of it.
G. Interpretation. This Agreement shall be interpreted in accordance with and governed by the
laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference
to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section
or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be
disregarded in constructing or interpreting any of its provisions.
H. Successors and Assigns. Provisions of this Agreement shall be binding upon and
enforceable against Developer’s successors and assigns including but not limited to all purchasers and
owners of all or any part of the Property and their successors and assigns.
I. Performance Standards. The Property shall be developed and operated in a manner
meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations.
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.
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K. Estoppel. Upon request of the Developer, the City agrees to provide an estoppel stating
the status of the Developer’s obligations and the status of completion of improvements to be completed
by Developer in accordance with the Plans under the terms of this Agreement.
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 ____________, 2024, 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
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MP HOLDINGS LLC
By: ________________________________
________________________________
Its: _________________________________
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ____________, 2024, by
_____________________ as ____________________ of MP HOLDINGS LLC, a Minnesota limited
liability corporation, on behalf of the company.
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
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EXHIBIT A
TO DEVELOPMENT AGREEMENT
Legal Description of Property
The West 919.11 feet (as measured at right angles) of that part of the North half of the Northwest Quarter
(N ½ of NW ¼) of Section 7, Township 114, Range 21, Scott County, Minnesota lying north of the
northerly right of way line of the Chicago, Milwaukee and St. Paul Railway Company.
(Final Plat Drawing - Attached)
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EXHIBIT B
TO DEVELOPMENT AGREEMENT
Deposit/Escrow Amt Per Total
Construction Observation Deposit 8% of Public Improvements = $0.00
TOTAL Deposit/Escrow = $0
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $0
Park Dedication Fee $9,000 X 1.34 Acres = $12,060
Trunk Sanitary Sewer Acreage $5,166 X 1.34 Acres = $6,922
Trunk Water Acreage $4,209 X 1.34 Acres = $5,640
Trunk Storm Sewer Acreage $9,456 X 1.34 Acres = $12,671
Chip Seal Fee (Public Streets) $2.25 X 0 Sq. Yd. = $0
TOTAL Fee = $37,293
Security Total
Sanitary Sewer = $0
Water Main = $0
Storm Sewer = $0
Streets/Sidewalks/Trails = $0
Additional Items = $0
Subtotal (rounded) = $0
TOTAL (125% of subtotal) = $0
FD IP
SET IP
FD CIM
25
25
25
25
EASEMENT IN FAVOR OF INTEGRA TELECOM,
PER DOC. NO A673226 AND CORRECTIVE
EASEMENT PER DOC. NO. A675441
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NORTHWEST CORNER OF
SEC. 7, TWP. 114, RGE. 21,
SCOTT COUNTY
CENTERLINE OF 170TH STREET
(AS TRAVELED)
EXISTING
BUILDING
EXISTING
BUILDING
C.
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LOT 1, BLOCK 1
58,318.20 SF
1.339 Ac
OUTLOT A
294,726.79 SF
6.766 Ac
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DENOTES EXISTING CATCH BASIN
DENOTES EXISTING COMMUNICATION BOX
DENOTES IRON MONUMENT FOUND
DENOTES IRON MONUMENT SET
DENOTES EXISTING POWER POLE
DENOTES EXISTING TREELINE
DENOTES EXISTING FENCE
DENOTES UNDERGROUND COMMUNICATION LINE
DENOTES UNDERGROUND GAS LINE
DENOTES UNDERGROUND ELECTRIC LINE
DENOTES OVERHEAD WIRE
DENOTES EXISTING F.E.S.
DENOTES FOUND CAST IRON MONUMENT
DENOTES EXISTING HYDRANT
DENOTES EXISTING LIGHT POLE
DENOTES EXISTING SANITARY MANHOLE
DATE____________ REG. NO._________
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED LAND SURVEYOR
UNDER THE LAWS OF THE STATE OF MINNESOTA.
PRELIMINARY PLAT
PRIOR LAKE MINNESOTA
110/24/2024
AS SHOWN
18609.03
LAKEVILLE, MN 55044
8415 220TH ST WEST
KIEHM CONSTRUCTION INC,
PROPERTY DESCRIPTION
The West 919.00 feet (as measured at right angles) of that part of the North
Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section 7, Township
114, Range 21, Scott County, Minnesota lying north of the northerly right of
way line of the Chicago, Milwaukee and St. Paul Railway Company.
SITE DATA
TOTAL SITE AREA 10.00 AC.
LOT AREA 1.34 AC.
OUTLOT 6.77 AC.
RIGHT OF WAY 1.89 AC
BEING 10 FEET IN WIDTH AND ADJOINING
SIDE LOT LINES,UNLESS OTHERWISE
INDICATED, AND 10 FEET IN WIDTH AND
ADJOINING STREET RIGHT-OF-WAY LINES
AND REAR LOT LINES, UNLESS OTHERWISE
INDICATED.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS
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11/11/2024 REV : EASEMENTS UPDATED
KNOW ALL PERSONS BY THESE PRESENTS: That M. P. Holdings, LLC, a Minnesota Limited Liability Company, fee owner of the following described property
situated in the County of Scott, State of Minnesota, to wit:
The West 919.11 feet (as measured at right angles) of that part of the North half of the Northwest Quarter (N 1/2 of NW 1/4) of Section 7, Township 114, Range
21, Scott County, Minnesota lying north of the northerly right of way line of the Chicago, Milwaukee and St. Paul Railway Company.
Has caused the same to be surveyed and platted and known as REVERE ADDITION and does hereby donate and dedicate to the public, for public use forever,
the public ways and also dedicate the easements as shown on this plat for drainage and utility purposes only.
In witness whereof said M. P. Holdings, LLC, a Minnesota Limited Liability Company, has caused these presents to be signed by its proper officer this
__________ day of ________________________, 20 _______.
_____________________________________
By
STATE OF MINNESOTA
COUNTY OF __________________
The foregoing instrument was acknowledged before me this _______ day of _____________________, 20 _______ by __________________________, the
president of M. P. Holdings, LLC, a Minnesota Limited Liability Company, on behalf of the company.
______________________________________
______________________________________
Notary Public ____________ County, Minnesota
My Commission Expires ___________________
I, Russell P. Damlo, hereby certify that this plat REVERE ADDITION was prepared by me or under my direct supervision; that I am a duly Licensed Land
Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated
on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in
Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on
this plat.
Dated this ______________________ day of ____________________, 20 ________.
_____________________________________
Russell P. Damlo
Licensed Land Surveyor
Minnesota License No. 19086
STATE OF MINNESOTA
COUNTY OF __________________
The foregoing Surveyor's Certificate was acknowledged before me this ________ day of _______________________, 20 _______, by Russell P. Damlo,
Licensed Land Surveyor.
_______________________________________
______________________________________
Notary Public ____________ County, Minnesota
My Commission Expires ___________________
CITY COUNCIL, CITY OF PRIOR LAKE, MINNESOTA
We do hereby certify that on the ___________ day of ___________________, 20 ______ the City Council of the City of Prior Lake, Minnesota approved this plat
and is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.
By _________________________________ Attest __________________________________
Mayor City Clerk
SCOTT COUNTY SURVEYOR
Pursuant to Minnesota Statutes, Chapter 389.09, Subdivision 1, as amended, this plat has been reviewed and approved this _________ day of
_______________________, 20 _______.
________________________________________
Scott County Surveyor
SCOTT COUNTY AUDITOR/TREASURER
I hereby certify that the current and delinquent taxes on the lands described within are paid and the transfer is entered this __________ day of
______________________, 20 _______.
Scott County Auditor Scott County Treasurer
Signed by______________________________, Deputy
SCOTT COUNTY RECORDER
I hereby certify that this plat was recorded in the office of the County Recorder for record on this ________ day of _____________________, 20 _______, at
________ o'clock _____.M. as Document No. ______________________.
_____________________________________
Scott County Recorder
25
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EASEMENT IN FAVOR OF INTEGRA TELECOM,
PER DOC. NO A673226 AND CORRECTIVE
EASEMENT PER DOC. NO. A675441
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NORTHWEST CORNER OF
SEC. 7, TWP. 114, RGE. 21,
SCOTT COUNTY CENTERLINE OF 170TH STREET EAST
(AS TRAVELED)
170TH STREET EAST
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R=338.00
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BEING 10 FEET IN WIDTH AND ADJOINING SIDE
LOT LINES,UNLESS OTHERWISE INDICATED,
AND 10 FEET IN WIDTH AND ADJOINING STREET
RIGHT-OF-WAY LINES AND REAR LOT LINES,
UNLESS OTHERWISE INDICATED.
DRAINAGE AND UTILITY EASEMENTS
DENOTES 1/2" IRON MONUMENT FOUND,
UNLESS OTHERWISE SHOWN.
DENOTES 1/2" BY 14" IRON MONUMENT
SET MARKED BY LICENSE NUMBER 19086,
UNLESS OTHERWISE SHOWN.
ARE SHOWN THUS
THE WEST LINE OF THE NW 1/4 OF SECTION 7,
TWP. 114, RGE. 21, SCOTT COUNTY, HAS AN
ASSUMED BEARING OF N00°55'44''E.
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[Phone] 952-447-9800 | [Fax] 952-447-4245 | cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
Memorandum
To: Martin Kiehm, M.P. Holdings LLC
From: Casey McCabe, Community Development Director
Luke Schwarz, Assistant City Engineer
Date: November 6, 2024
Re: Revere Addition Review Memo
We have reviewed the Existing Condition, Preliminary Plat and Final Plat for Revere Addition prepared by
Probe Engineering Company, Inc. dated 10/24/24. The following comments were received:
General
1. The action is to consider a combined preliminary and final plat. No grading or other development
plans were considered or approved. Future site grading will require the issuance of a grading
permit and submittal of all required permits from regulatory agencies as may be applicable (MCES,
Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, etc.)
2. A minimum of 75 feet of right of way (ROW) shall be dedicated from the street centerline of CSAH
21.
a. Please verify the a minimum of 75 feet from centerline has been dedicated.
b. Please show all right of way as a public dedication on the plat opposed to easements in
favor of the City of Prior Lake or Scott County.
3. A drainage easement is needed over Lot 1, Block 1, in favor of Outlot A for a future stormwater pipe
that will outlet in the pond. This easement should be granted prior to recording the Final Plat.
4. Outlot A will need to receive Final Plat approval from the City of Prior Lake prior to development
or construction activity.
5. Stormwater, grading, utility, erosion control/SWPPP, and wetland plans will need to be evaluated
at a future date prior to development of Outlot A.
6. A building permit shall be issued by the City of Prior Lake prior to any construction activities on
the site.
7. A utility plan prepared by a professional civil engineer registered in the State of Minnesota shall
be submitted for review and approval by City staff prior to any utility connection.
8. The parcel shall be rezoned to C-2, General Business in conformance with Comprehensive Land
Use Plan guidance.
9. No ponding, berming, signage, or landscaping is permitted in the City or County right of way, and
any work within the right of way shall require a City or County permit.