HomeMy WebLinkAbout05(K) - Resolution Approving the Final Plat and Development Agreement for Jeffers Point 11th Addition ReportITEM: 5KCITYCOUNCILAGENDAREPORT
MEETING DATE: August 26, 2025
PREPARED BY: PaulMoretto - Planner
PRESENTED BY: CaseyMcCabe - Community Development Director
AGENDA ITEM: Resolution Approving theFinalPlatandDevelopment Agreement forJeffers
Pond 11thAddition
RECOMMENDED ACTION:
Approval ofaresolution approving theFinalPlatand Development Agreement forJeffers Pond
Eleventh Addition.
BACKGROUND:
Surmount andRachel Development, onbehalf ofRipleyLandCoLLC, property owner, has
applied forapproval ofafinalplattobeknownJeffers PondEleventh Addition whichistobe
developed intotwo (2) lots. One (1) commercial lotandone (1) outlot. The subject property is
located neartheroundabout onFountian HillsDrive NWand CSAH 42. ThePIDis255750020.
Current Circumstances
Thefinalplatconsists ofone (1) 1.25acredevelopable lotforcommercial usesandone (1) Outlot
of .77acresthatwillbereserved forfuture commercial development (Outlot A, Jeffers Pond
Eleventh Addition). This request willmaintain 35,000square feetoftotalcommercial space as
planned pertheJeffers Pond TenthAdditionPlan.
SITE CHARATERISTICS:
TotalSite Area: Siteislocatedoncurrent JeffersPond 10th, OutlotA. Thetotalareais2.02acres
gross. Lot1, Block 1willbe1.25acres andOutlot Awillbe .77acres.
Wetland: Nowetlands willbeimpacted.
Access: Access isprovided offofFountain Hills DriveNWtoCSAH42.
Comprehensive Plan: This property isdesignated forRetail/General Business onthe2040
Comprehensive LandUsePlan Map.
Zoning: Itiszoned Planned UnitDevelopment (PUD).
Parks/Trails: Thereisanexisting sidewalk along Fountain Hills Drive whichconnects toCSAH
42. Parklandwasdedicated aspart oftheoriginal PUD forJeffers Pond.
Tree Preservation/Landscaping; Proposed landscaping aspart oftherequired buffer yardalong
CSAH42hasbeen satisfied. Thesiteperimeter is1,050lineal feetatonetreeper40linearfeet.
This wouldrequire 27trees. There areninesaved treesand aplanfor18ormore trees. This
includes 17canopy trees.
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item5K
Page | 2
Parking: Thesiterequired 43spaces. Theplanned parkingincludes 43stallsofparking with15
shard between Lot1, Block1ofJeffersPond11th andOutlotA.
FeesandAssessments: Thisdevelopment willbesubject tothestandard development fees. Park
dedication was satisfied withtheoriginal phaseoftheJeffers Ponddevelopment.
Issues
Adjacent totheproposed parcelsforfinalplataremulti-unitapartment buildings. Utilities andother
infrastructure willbedeveloped aspartofthe apartment building construction. Agreements
pertaining toaccess andmaintenance willbeamended toinclude thenewparcels.
Zoning perthe2005 PUDdistrictregulations donotlimitimpervious surfaceandtheproposed
building meets allotherzoning andPUD requirements.
Conclusion
Theprincipal requirements forFinalPlatapproval includeaDevelopment Agreement (attached)
thatspecifies thedevelopment feesandotherrequirements forthedevelopment.
FINANCIAL IMPACT:
Approval ofthefinal platwillfacilitate theconstruction ofacommercial building, whichwill
contribute toanddiversify thecity'sproperty taxbase.
ALTERNATIVES:
1. Motion andsecond, aspartoftheconsent agenda, toapprove aresolution approving the
FinalPlatandDevelopment Agreement forJeffers Pond11thAddition.
2. Remove thisitemfromtheconsent agenda foradditional discussion.
ATTACHMENTS:
1. Resolution – FinalPlat
2. Location Map
3. Final Plat
4. Development Agreement
5. StaffReview Memo 8-5-25
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 25-___
ARESOLUTION APPROVING JEFFERS POND ELEVENTH ADDITION
FINAL PLAT AND DEVELOPMENT AGREEMENT
Motion By: Second By:
WHEREAS, Surmount and Rachel Development (the “Developer”), onbehalfoftheproperty
owner, RipleyLand CoLLC, hassubmitted anapplication tothe City ofPriorLake
forapproval ofafinal platforJeffersPondEleventh Addition; and
WHEREAS, Jeffers PondEleventh Addition isareplatofOutlotA, JeffersPondTenth Addition
PID 255750020) tocreateone commercial lot: Lot1 Block1, approximately 1.25
acres and oneoutlot A, approximately .77 acresthatwillbereserved forfuture
development; and
WHEREAS, thePrior LakeCityCouncil approved afinal platknownasJeffersPondTenth
Addition onFebruary 27, 2024; and
WHEREAS, the CityCouncil hasfoundthatthefinalplatofJeffers Pond Eleventh Addition isin
substantial compliance withtheapproved finalplatforJeffersPondTenth Addition.
NOW THEREFORE, BEITHEREBY RESOLVED BYTHE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA asfollows:
1. Therecitals setforth above areincorporated hereinasiffullysetforth.
2. ThefinalplatofJeffers PondEleventh Additionisapproved subject tothefollowing conditions,
whichshall bemetbytheDeveloper priortorelease andrecording ofthefinalplat:
a. Acurrenttitleopinionorcommitment oftitle insurance issubmitted acceptable totheCity
Attorney.
b. Payment ofallfeespriortorelease ofthefinalplatmylars.
c. Three mylar setsofthefinalplatwithallrequired signatures aresubmitted.
d. Thefinalplatandallpertinent documents mustbefiledwith ScottCounty within 90days
fromthedate offinalplatapproval. Failure torecordthedocuments by November 28,
2025willrender thefinalplatnullandvoid.
3. Thefollowing conditions shallbemetbytheDeveloper priortoissuance ofabuilding permit
oranygrading orworkonthesite.
a. TheDeveloper shallobtainagradingpermit fromtheCityEngineering Department.
b. TheDeveloper shallobtainrequired permits from other stateorlocalagencies as
applicable.
c. TheDeveloper shall revisetheplansinaccordance withtherequirements contained inthe
memorandum fromthePublicWorks Department datedAugust 8, 2025.
d. TheDeveloper shallobtain, provideandrecord accessandmaintance agreements tothe
satisfaction oftheCommunity Development Director beforetheissuance ofabuilding
permit.
4. TheMayor andCityManager arehereby authorized toexecute theDevelopment Agreement
onbehalf oftheCity.
thPassedandadoptedbythePriorLakeCityCouncilthis26 dayofAugust 2025.
VOTE Briggs Braid Hellier Churchill Lake
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
2
LIGHTBRIDGE ACADEMY
FINAL PLAT
Co v e P o int
C
i
r
N
W
F
ountain HillsDrNWMckennaRd
NW
Jeffers
Pkwy
N W
21
42
42
44
12
2721
21
14
16
23
82
831817
0 410 820 1,230 1,640
Feet
Subject Properties
Subject Property
SUMMARY OF THE PROPERTY LEGAL DESCRIPTION IS:
LOT 11, BLOCK 32, SCOTT COUNTY, MINNESOTA.
FULL LEGAL DESCRIPTION IS AVAILABLE AT PRIOR LAKE CITY HALL.
OUTLOT A
90
80
80
BLOCK 1
RIGHT OF WAY WIDTH VARIES
N89°10'29"E 348.05
R=29.47
L=46.30
90°00'28"
CB=S44°10'14.76"W
CL=41.68
R=23.92
L=37.88
90°43'55"
CB=N44°16'21.33"E
CL=34.05
N89°38'13"E
27.68
R=98.99
L=55.46
32°05'51"
CB=S76°32'31.46"E
CL=54.73
N00°49'59"W
14.12
R=82.50
L=36.76
25°31'57"
CB=N37°04'34.55"W
CL=36.46
R=34.50
L=30.98
51°27'26"
CB=S24°06'50.15"E
CL=29.95
N0
1
3
6
5
3
E
14
1
0
5
N0
0
4
9
5
9
W
14
3
9
8
S89°10'01"W 554.78
LOT 1
R=25.97
L=20.21
44°35'30"
CB=N68°31'23.20"W
CL=19.71
N43
4 6 2 2 E
38.1 8
N0
0
4
9
5
9
W
1
2
4
3
1
N23°07'15"E
40.26
306.43 233.57
14.77
36
82
10
4
2
3
188.53159.52
SAMBATEK, INC.
ENGINEERING, PLANNING
AND LAND SURVEYING
SECTION 27, TOWNSHIP 115 N, RANGE 22 W,
SCOTT COUNTY, MINNESOTA
N.T.S.
VICINITY MAP
JEFFERS POND ELEVENTH ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That Ripley Land Co. LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Scott,
State of Minnesota, to wit:
Outlot A, JEFFERS POND TENTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota.
Has caused the same to be surveyed and platted as JEFFERS POND ELEVENTH ADDITION and does hereby donate and dedicate to the public for public the public ways and the drainage and
utility easements as created by this plat.
In witness whereof said Ripley Land Co. LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of
20 .
Signed: Ripley Land Co. LLC
By: , it's
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by , the of
Ripley Land Co. LLC, a Minnesota limited liability company.
Notary Public, County, Minnesota
My Commission Expires
I Mark R. Salo do hereby certify that this plat 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, existing 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 .
Mark R. Salo, Licensed Land Surveyor,
Minnesota License No. 43933
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 20 , by Mark R. Salo.
Notary Public, County, Minnesota
My Commission Expires
CITY COUNCIL, Prior Lake, Minnesota
We 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: Mayor By: Clerk
SCOTT COUNTY SURVEYOR
Pursuant to Minnesota Statutes, Chapter 389.09, Subd. 1, as amended, this plat has been reviewed and approved this day of , 20 .
By:
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 .
By:
Scott County Auditor/Treasurer
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. .
By:
Scott County Recorder
SITE
EA
G
L
E
C
R
EE
K
A
V
N
E
CARRIAGE
HILLS PKWY
140TH ST. NW
FOUNTAINHILLSDR
SHEET 1 OF 1 SHEETS
0
NORTH
SCALE IN FEET
0
NORTH
SCALE IN FEET
40 80
DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET
AND MARKED BY LICENSE NO. 53642.
DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT
FOUND AND MARKED BY LICENSE NO. 40361 UNLESS
NOTED OTHERWISE.
THE NORTH LINE OF THE NE QUARTER OF SEC. 27, T.
115, R. 22, IS ASSUMED TO HAVE A BEARING OF SOUTH
89 DEGREES 10 MINUTES 01 SECONDS WEST.
Page 1
DEVELOPMENT AGREEMENT
Jeffers Pond Eleventh Addition
PROJECT #PDEV25-000010
This Development Agreement (“Agreement”) is entered into this ____ day of __________, 2025, by
and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and LB Prior Lake MN
Owner LLC, Company (“Developer”).
WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of
Scott, legally described on Exhibit A (“Property”);
WHEREAS, Developer has applied to the City for Final Plat approval for the construction of one
(1) commercial unit on the Property;
NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 25-0__
(“Resolution”) for Final Plat approval for the construction of one (1) commercial unit 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. The property within Jeffers
Pond Eleventh Addition will be developed in multiple phases, with Outlot A being reserved for future
commercial development. Outlot A will be further subdivided into Lots and Blocks withing ten (10) years.
No other subsequent phases may proceed until the City Council approves development agreements for such
phases. Fees and charges collected by the City in connection with infrastructure, public improvements and
parkland dedication requirements are not being imposed on outlots, if any, in the final Plat that are designated
in an approved preliminary Plat for future subdivision into lots and blocks. Such charges will be calculated
and imposed when the outlots are subdivided into lots and blocks.
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans identified below, subject
to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this
Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein.
If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply.
The Plans are:
Plan A -- Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by Sambatek) 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 Sambatek)
Page 3
Plan C -- Plans and Specifications for Developer Installed Public Improvements as stamped approved by the City Engineer or his/her designee (Prepared by
Sambatek) Plan D -- Landscape Plan as stamped approved by the City Community Development Director or his/her designee (Prepared by Sambatek)
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 Developer
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.
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,
2026. 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
Page 4
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
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.
E. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer
Installed Public Improvements, the Developer Installed Public Improvements shall automatically become
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.
Page 5
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 and house pads. The Developer shall also submit
a land tabulation certified by a registered engineer showing that all pads have been corrected in accordance
with project specifications.
B. The Developer shall submit the final Plat in electronic format. The electronic format shall be
compatible with the City's current software. In addition, upon completion of the project the Developer shall
provide the City with as-built utility plans in electronic format compatible with the City’s current software
and with layers, colors, and line-types formatted in accordance with City standards. Additionally, three (3)
full size (22 X 34 inch) paper copies and one (1) reduced (11 X 17 inch) copy shall be certified and submitted
to the City.
Page 6
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 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.
Page 7
Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP.
No building permits will be issued until the Developer has installed silt-fence behind the curb of all
buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request
of the City Engineer or his/her designee, the Developer shall remove the silt fences after turf establishment.
D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented
by the Developer and inspected and approved by the City Engineer or his/her designee. The City Engineer
or his/her designee may require the Developer, at no cost to the City, to install additional erosion control
measures if they are necessary to meet erosion control objectives. All areas disturbed shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
E. No development, utility or street construction will be allowed unless the Property is in full
compliance with the erosion control requirements.
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
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 designee of the form of the conveyance documents and the location of all easements or fee title
conveyances required by this Agreement.
C. With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents
and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has
marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated
Property. Prior to final plat approval, Developer shall provide to the City a current title insurance policy
Page 9
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.
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 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.
B. Construction Observation Deposit. Developer shall be responsible for all construction
observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit
Page 10
with the City for construction observation. If the cash deposit is exhausted, the City Engineer or his/her
designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively,
the City Engineer or his/her designee may invoice the Developer directly for such costs and Developer
shall pay all such invoices within ten (10) days of receipt. City may cease all work and review of the
Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining
in the cash deposit after the City Council’s final acceptance of the Developer Installed Public
Improvements shall be returned to the Developer.
16. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set
forth in the City Fee Schedule and described in detail in Exhibit B prior to any work occurring on the
Property. Fees and charges are nonrefundable. Such fees and charges may include but are not limited to
the following:
A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on
construction cost estimates to reimburse the City for costs incurred.
B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park
dedication fees for the Property as required by City Code in effect as of the date of the plat approval.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Street Light Operational Costs.
H. Chip Seal Fee.
17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance
of all platted lots on the Property, including but not limited to mowing and weed control, sidewalk clearing
(ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and
Page 11
other maintenance issues for which the Developer receives notice from the City Manager or his/her
designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time
as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each
specific lot is sold.
18. OVERSIZING. Oversizing is the construction of a Developer Installed Public Improvement
to City specifications that exceeds those that would be required of the Developer in order to serve additional
development. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer or his/her designee determines that oversizing is
required for sanitary sewer, water or storm drainage, the City shall reimburse the Developer for the costs
associated with this work. City and Developer agree that the cost of system oversizing to be reimbursed to
the Developer is based upon the following: a cost estimate by the City Engineer or his/her designee based on
an engineer’s estimate or contractors bid to be provided by the Developer; and application of the City's
Assessment Policy based on a final engineering design as described in Exhibit B. If the City Engineer or
his/her designee determines that oversizing is required for road improvements, Developer shall install such
oversize improvements at Developer’s cost.
19. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision
Code, each residential lot on the Property must have at least two (2) front yard trees. The City shall not issue
a building permit for a lot until two (2) front yard trees are planted or retained and a cash escrow or letter of
credit for the lot in question’s landscaping is provided to the City. The City shall not issue a certificate of
occupancy for a lot until the front yard, boulevard, and side yards to the rear of every structure have been
sodded, weather permitting. If the required landscaping is not installed, the City is granted a right of entry to
enter upon the lot and install the landscaping using the escrowed funds or letter of credit. Upon satisfactory
completion of the landscaping on the lot, the escrowed funds less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
Page 12
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 as part of the building permit
to secure the planting and retainage of the required trees and to secure this warranty. If Developer fails to
plant or retain the required trees or fails to comply with this warranty, the City may draw upon the escrowed
funds or letter of credit to plant or replace required trees. Developer may periodically request reductions of
the escrowed funds or letter of credit and the City Engineer or his/her designee may approve such a request
in an amount of the value of each healthy tree for which the warranty has expired as determined by the City
Engineer or his/her designee. No tree plantings shall be placed within five (5) feet of a sanitary sewer, storm
sewer, or water main line. All plantings permitted in public right-of-way/boulevard areas shall be placed a
minimum four (4) feet behind the curb, be of deciduous species (no coniferous species), and be located outside
of a fifty (50) foot sight triangle at street corners.
21. SECURITY.
A. To guaranty compliance with the terms of this Agreement, Developer shall furnish the City
an irrevocable letter of credit or other security deemed acceptable to the City Attorney and City Engineer
or his/her designee (“Security”) in the following amounts:
i. 125% of projected costs for the Developer Installed Public Improvements as certified to by a registered engineer and approved by the City Engineer or his/her designee.
ii. 125% of projected costs for the grading, drainage, wetland and erosion control plan, including storm water calculations from proposed impervious surfaces as certified by a registered engineer and approved by the City Engineer or his/her designee.
Page 13
iii. 125% of projected costs for the landscape plan as specified in the building permit, 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 without notice by delivering or mailing by certified
mail to the issuer a statement identifying the amount of the draw and reason for the draw. In addition, if
the Development Work is not completed at least 30 days prior to the expiration of the Security, the City
may draw on the Security in the same manner. The City shall not be under any obligation to cure any
breach of the terms of this Agreement with the proceeds from the Security, but may, at the City’s sole
option, cure the breach or retain the proceeds from the Security until Developer cures the breach. In the
event the breach is fully cured by Developer, the City shall then release to Developer such retained draw
proceeds, less any expenses incurred by the City as a result of the breach (including but not limited to
engineer’s, attorney’s, and other consultant fees and costs).
E. If the City makes a draw on the Security, Developer shall immediately replenish the
Security to an amount then sufficient to cure any breach plus 125% of the cost of all Development Work
then remaining for which the Security was required.
Page 14
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,
whichever is greater.
22. CLEAN UP AND DAMAGE:
A. Developer assumes full financial responsibility for any damage which may occur to public
property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result
of the activity which takes place during the development of the Property. Developer further agrees to pay
all costs required to repair the streets, utility systems and other public property damaged or cluttered with
debris when occurring as a direct or indirect result of the construction that takes place on the Property.
B. Developer shall clean the streets every day or as required by the City Engineer or his/her
designee.
C. Developer agrees that any damage to public property occurring as a result of construction
activity on the Property shall be repaired immediately if deemed to be an emergency by the City Engineer
or his/her designee. Developer further agrees that any damage to public property as a result of construction
activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City
Engineer or his/her designee.
23. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by
Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the
Property. Any work related to roads, trails, drainage, and utility improvements, which are specified herein
to occur on land outside the Property, shall occur exclusively within the appropriate easement boundaries
for such work. In no event shall any work performed by Developer or Developer’s contractors and
Page 15
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
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
Page 16
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
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.
Page 17
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.
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.
Page 18
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:
UGDC, LLC d/b/a SURMOUNT, 450 Lexington Avenue #4539, New York, New York, 10063. 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.
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;
Page 19
(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.
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
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
Page 20
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 one (1) year
of approval by the City Council. The final plat shall be considered void if not recorded within the one (1)
year 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 one (1) year period.
33. RECONSIDERATION OR RESCISSION. If Developer fails to proceed in accordance
with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its
successors, and assigns, shall not oppose the City’s reconsideration and rescission of all approvals issued
in connection with this Agreement, thus restoring the status of the Property before the Agreement and all
such approvals.
34. SIGNS. The Developer hereby waives any claim against the City for removal of signs
placed in the right-of-way in violation of the City Code or State Statutes. The City shall not be responsible
for any damage to, or loss of, signs removed.
35. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat and the
Developer in performing all work under this Agreement shall comply with all county, metropolitan, state,
and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the
Plat or Developer is not in compliance, the 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.
Page 21
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
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.
Page 22
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.
36. PLANNED UNIT DEVELOPMENT. The Property is being developed as a Planned Unit
Development. The City Council has found that the proposed development of the Property is in compliance
with City Code Chapter 10, Article 4, Division 4. The Property shall be developed in compliance with
Ordinance No. 05-107 dated June 6, 2005, as amended August 26, 2025, and the plans approved by that
Resolution.
Page 23
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 ____________, 2025, 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 24
LB PRIOR LAKE MN OWNER LLC
By: Stephen Andrews, LB Prior Lake MN Owner LLC
STATE OF MINNESOTA ) (ss.
COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 2025, by Stephen Andrews, of LB Prior Lake MN Owner LLC, on behalf of the company.
_____________________________________
NOTARY PUBLIC
DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372
Page 25
EXHIBIT A TO DEVELOPMENT AGREEMENT
Page 26
EXHIBIT B TO DEVELOPMENT AGREEMENT Anticipating the recording of the final plat and Development Agreement in 2025, the fees and charges identified below are the City of Prior Lake 2025 development fees; however, should this plat and Development Agreement be recorded in 2026, Exhibit B shall be adjusted to include the appropriate 2026
City of Prior Lake development fees as adopted by the City Council.
Deposit/Escrow Amt Per Total
Construction Observation Deposit 8% of Public Improvements = $2,500 TOTAL Deposit/Escrow = $2,500
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $0
Park Dedication Fee X = NA – Previously Dedicated
Trunk Sanitary Sewer Acreage $ 5,249.00 X 1.25 Acres = $6,561 Trunk Water Acreage $ 4,277.00 X 1.25 Acres = $5,346
Trunk Storm Sewer Acreage $ 9,608.00 X 1.25 Acres = $12,010 Chip Seal Fee (Public Streets) X = NA TOTAL Fee = $23,917
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
Oversizing Calculation Total
N/A =
Page 27
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]
Phone] 952-447-9800 | [Fax] 952-447-4245 | cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
Memorandum
To: Community Development Department
From: Luke Schwarz, Assistant City Engineer
Stephanie Thulien, Water Resource Engineer
Kris Keller, Project Engineer
Date: August 6, 2025
Re: Lightbridge Academy – Site Development Engineering Review
Jeffers Pond 11th Addition – Final Plat Review
We have reviewed the Final Plat and site development documents submitted for Jeffers Pond 11th
Addition and the Lightbridge Academy site as prepared by DNA Architects and Sambatek. The following
documents were reviewed:
Civil Plan Set – 20250711 Lightbridge Academy - Site Plans.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 regulatory agencies
MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, etc.)
2. An NPDES permit is required for this site as it exceeds 1 acre of disturbance.
3. Record plans will need to be submitted to the City following completion of the project as a
condition of the certificate of occupancy.
4. Additional redline comments are provided in the accompanying plan set. Provide a response to
all comments in this memo and the redlined plan set.
Site Plan
1. Adjust enclosure for better straight-on access by garbage truck
a. We would suggest allowing them to come straight at it instead of putting it on a radius.
2. Show matching existing pavement, sidewalk, and curb at connection points
3. Install additional sidewalk with ped ramps connecting to the future eastern lot
4. Call out specific locations of tipout/gutter out curb locations on the site and grading plans
5. Correct typo for northern drainage (draining) and utility easement
Grading Plan
1. Maximum slopes of 4:1 (Horizontal:Vertical) and minimum slopes of 2% are allowed.
a. Include more slope arrows to show general drainage patterns as well as highlighting
minimum and maximum slopes across the site. 3:1 slopes are utilized north of Bluebird
Trail.
2. Maintain maximum 3:1 slopes
a. Provide fence or railing along sidewalk
b. Sidewalks to meet ADA requirements
c. Show all proposed retaining walls. Retaining walls exceeding 4’ in height shall require a
plan prepared by a licensed engineer submitted for review and approval by the building
official prior to permit issuance. Provide top and bottom of wall elevations.
d. Provide future ownership and maintenance of all retaining walls (if applicable).
3. Grade/berm to direct the northern swale and EOF drainage away from the bituminous path
4. Additional EOF label needed (887.X) on the north side of the building
5. In grading notes, access must come off of CSAH 42, Fountain Hills Dr. NW, and CSAH 21.
a. No construction traffic on Jeffers Pkwy NW will be allowed.
6. Add the following grading/erosion control notes:
a. Perimeter and downstream sediment control BMPs shall be installed by the contractor
and inspected by the City prior to any site work.
b. Slopes equal to 3:1 shall have approved erosion control BMPs installed immediately after
grading has finished.
Utilities
1. General
a. Applicant to submit and provide approval from Department of Labor and Industry (DoLI)
2. Storm Sewer
a. Provide storm sewer schedule with casting types and structure sizes
b. Label ‘Connect to existing 12" PVC SCH 40 storm sewer stub’
c. All storm sewer structures outside of roadway areas in non-maintained areas must have
marking signs. Signs shall be green “Rhino Marking Posts” or approved equal and shall
be shown on the plans (see Plate #103).
3. Sanitary Sewer
a. Cleanouts in paved services require a Ford A1 or approved equal casting
b. Existing and proposed sanitary sewer service is/to be 6" PVC SDR 26
4. Water
a. Separation between storm sewer and hydrant lead does not meet 10’ minimum
horizontal separation
i. Insulate when the separation between the storm sewer and water is less than
36"
b. Identify all utility crossings and provide top and bottom of pipe elevations
i. Insulate when the separation between the storm sewer and water is less than
36"
c. Remove/salvage existing watermain stub back to the location of the proposed hydrant
lead tee (no wet tap or sleeve)
d. Adjust the watermain to maintain the high point at the hydrant location.
e. Call out all sizes and material (C900) of all pipes and fittings
Stormwater Management
1. General stormwater management for the site was reviewed and approved with the overall
review of Jeffers Pond 10th Addition
2. Provide SWPPP plan sheets
3. Low Floor/Low Openings
a. Low opening elevations shall be at least 2’ above the emergency overflows (EOFs).
i. The building has a low opening of 889.00
PLSLWD
1. Additional comments may be generated by PLSLWD’s review of the revised plans