HomeMy WebLinkAbout9D - Village Commerce Addition
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
AUGUST 7, 2006
90
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE COMBINED
PRELIMINARY AND FINAL PLAT AND DEVELOPMENT CONTRACT FOR
VILLAGE COMMERCE ADDITION
Introduction
Village Commerce Building, LLC, has applied for approval of a development to
be known as Village Commerce Addition on a property located at the
southwest quadrant of the intersection of Franklin Trail and Park Nicollet
Avenue. This agenda report requests approval of the proposed subdivision,
which creates a 1.89 parcel for commercial development.
Historv
To encourage economic development and redevelopment, the City authorized
the sale of excess property subject to receiving proposals to develop the
property. This development consists of 2 existing parcels. The first is a 1 acre
lot, originally platted as part of the Park Nicollet Addition. The second parcel is
currently owned by the City, and originally the site of 1. J. Towing. Earlier this
year, the City Council approved a Development Agreement with the
Developers to purchase and develop the City property. The Developers have
also purchased the adjacent existing platted lot.
The Planning Commission held a public hearing to consider the combined
preliminary and final plat at their meeting on July 24, 2006. At that meeting the
Planning Commission recommended approval of the plat.
Current Circumstances
The proposed development includes a 2-story, 22,332 square foot office
building with a drive-thru bank and parking. The plat combines the existing
parcels into a single lot, consisting of 82,546 square feet (1.895 acres). There
are no new streets or public improvements required as part of the
development.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 1.895 acres.
Toooaraohv: This site has very little relief. There is a small knob located
towards the center of the site, where it appears some material may have been
stockpiled during earlier construction projects.
Veaetation: The site is vacant land. There are some trees on the site, most
of them box elders or elms. The only significant tree on the site is an 8" ash
tree, which will be removed. The project is subject to the Tree Preservation
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requirements of the Zoning Ordinance.
Wetlands: There are no wetlands on this site.
Access: Access to the site is from Park Nicollet Avenue. The parcel also
fronts on Franklin Trail, but there will be no access at this location.
2020 Comorehensive Plan Desianation: This property is designated as C-
CC (Community Retail Shopping) on the 2020 Comprehensive Plan Land Use
Map.
Zonina: The site is presently zoned C-4 (General Business).
PROPOSED PLAN
Lots: The preliminary and final plats consist of 1 lot. The new lot meets the
minimum lot area and lot width requirements of the C-4 District.
Streets. SidewalkslTrails. Sanitary SewerlWater Mains: This plan does not
include any new streets or public utilities.
Stormwater: The plan includes a stormwater pond, which is specifically
designed to serve this site. The developer is working with the City and the
Watershed District on an alternative design which would provide for some off-
site stormwater treatment. The alternative design would increase the size of
the pond, but does not affect the location or design of the building and parking
lot.
Parks: A parkland dedication fee will be collected for the unplatted portion of
this site. The parkland dedication requirement for the existing platted lot was
satisfied as part of the earlier plat. No additional dedication is required for that
parcel.
Site Gradina:, The site will be graded to accommodate the new construction.
A grading plan will be approved as part of the site plan and building permit
process.
Tree Reolacement: There is one significant tree on this site (8" ash). This
tree will be removed. The Zoning Ordinance allows up to 25% of the total
significant caliper inches to be removed for building pads and driveways. Any
removal above these amounts requires tree replacement at a rate of ~ caliper
inch for each inch removed. This development requires replacement of 3
caliper inches. The developer has provided a landscaping plan which will
include this requirement.
Buildina and Site Desian: The proposed building is a 2-story building with a
total of 22,332 square feet. The building footprint is approximately 75' wide by
170' long. The exterior materials include brick, stone and glass.
The building is located at the center of the site, facing Park Nicollet Avenue.
Parking for the building is located to the east and to the south of the building.
ISSUES:
FINANCIAL
IMPACT:
AL TERNATIVES:
The drive-thru is located on the north side of the building. In order to locate
the building as proposed, the developer requested variances to the front yard
setback for the building and the parking lot and to the rear setback for the
parking lot. The Planning Commission approved the requested variances on
July 24, 2006.
The applicant proposes to combine two existing parcels into a single lot.
Because one of these parcels is unplatted, the new subdivision plat is
necessary. The proposed lot meets the minimum C-4 requirements of 150
feet in width and 1 acre in area. Included as conditions of approval are the
Engineering comments that must be addressed prior to approval of the final
plat. The remaining Engineering comments can be addressed prior to
issuance of a building permit.
The Planning Commission and staff recommend approval of this combined
preliminary and final plat, on the basis it is consistent with the provisions of the
Zoning and Subdivision Ordinance and City Standards. A Development
contract accompanies this staff report. The City will not release the final plat
until all development fees are paid. The Development Contract specifies the
development fees for the platted lots.
There are no stormwater acreage fees charged in this Development Contract
recognizing that the City and the Developer originally believed the parcels
would be served by the regional pond. They are not; therefore, additional
ponding and expense are required by the Developer.
The Developer and the City are also working together to create a trunk
stormwater facility on this site. The Development Contract reimburses the
Developer for this oversizing.
This proposed development is consistent with the 2030 Vision and Strategic
Plan and completes economic development and redevelopment efforts begun
by the City Council in 2005 and using City-owned property.
There is no budget impact as a result of this action. Approval of the project will
facilitate the development of the area and increase the City tax base.
The City Council has the following alternatives:
1. Adopt a resolution approving the Combined Preliminary and Final Plat for
this development subject to the listed conditions, with the finding that the
preliminary plat is consistent with the intent and purpose of the Zoning and
Subdivision Ordinances.
2. Deny the Preliminary and Final Plat on the basis it is inconsistent with the
purpose and intent of the Zoning and Subdivision Ordinances and/or the
Comprehensive Plan. In this case, the Council should direct the staff to
prepare a resolution with findings of fact based in the record for the denial
of these requests.
3. Defer consideration of this item and provide staff with specific direction.
The Planning Commission and staff recommend Alternative #1.
RECOMMENDED
MOTIONS:
1. A motion and second adopting a resolution approving the Combined
Preliminary and Final Plat to be known as Village Commerce Addition,
subject to the listed conditions, and authorizing the Mayor and City
Manager to execute the Development Contract.
Motion By:
Second By:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on July 24, 2006, to
consider an application from Bakken Development for the combined preliminary and
final plat of "Village Commerce Addition"; and
WHEREAS, Notice of the public hearing on said combined preliminary and final plat has been duly
published and posted in accordance with the applicable Minnesota Statutes and Prior
Lake Ordinances; and
WHEREAS, All persons interested in this issue were afforded the opportunity to present their views
and objections related to the combined preliminary and final plat of "Village Commerce
Addition" for the record at the public hearing conducted by the Planning Commission;
and
WHEREAS, The Planning Commission and City Council have reviewed the combined preliminary
and final plat according to the applicable provisions of the Prior Lake Zoning and
Subdivision Ordinances and found said combined preliminary and final plat to be
consistent with the provisions of said ordinances; and
WHEREAS, The Prior Lake City Council considered an application for combined preliminary and
final plat approval of Village Commerce Addition on August 7,2006; and
WHEREAS, The City Council has the authority to impose reasonable conditions on a combined
preliminary and final plat.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The preliminary plat of "Village Commerce Addition" is approved subject to the conditions set forth
in this resolution:
3. The final plat of "Village Commerce Addition" is subject to the following conditions, which shall be
met prior to release of and recording of the final plat:
a) Payment of all fees prior to release of the final plat mylars.
b) Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one
reduction at no scale which fits onto an 8 1/2" x 11" sheet of paper.
c) Four mylar sets of the final plat with all required signatures must be submitted.
d) The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by November 7, 2006, will
render the final plat null and void.
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DEVELOPMENT CONTRACT
VILLAGE COMMERCE ADDITION
PROJECT #06-146
This DEVELOPMENT CONTRACT is entered into this 7th day of August, 2006, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Village
Commerce Building, LLC, a Minnesota Limited Liability Corporation (the "Developer"). Based on the
mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the City and the
Developer (collectively "Parties") agree as follows:
1. REO/JEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
combined Preliminary and Final Plat for Village Commerce Addition (referred to in this Development
Contract as the "Plat"). The land is legally described as shown on attached Exhibit A which is incorporated
herein as if fully set forth.
2. CONDITIONS OF PLAT APPROVAL.. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
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Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
3. l!.lGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all
the following conditions have been satisfied: 1) this Development Contract has been fully executed by both
parties, 2) the necessary security, develvplllent fees and insurance have been received by the City, and 3)
the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed.
4. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Develvpu~ent
Contract, but are incorporated by reference and made a part of this Develvplllent Contract as if fully set
forth herein. If the plans vary from the written terms of this Development Contract, the more specific or
stringent controls shall apply. The Plans are:
Plan A --
Final Plat Dated June 22, 2006 (prepared by Sunde Land Surveying, LLC)
Plan B --
Final Grading, Development, and Erosion Control Plan(s) Dated as stamped
approved by the City of Prior Lake (prepared by Sunde Engineering, LLC)
Plan C--
Tree Preservation and Replacement Plans Dated June 22, 2006 (prepared by
Tushie Montgomery Architects)
Plan D --
Landscaping Plan Dated June 22, 2006 (prepared by Tushie Montgomery
Architects)
Plan E--
One set of Plans and Specifications for Developer Installed Improvements
Dated as stamped approved by the City of Prior Lake (prepared by Sunde
Engineering, LLC)
All plans set forth above are incorporated herein and made part of this Development Contract.
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5. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Concrete Curb and Gutter
E. Site Grading and Ponding
F. Underground Utilities
G. Street Signs
H. Setting of Iron Monuments
I. Landscaping
The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the
City staff, to review the program for the construction work. In accordance with Minnesota Pipeline Safety
law revisions effective January 1, 2006 the Developer will be responsible for installing a tracer wire
mechanism for all service lines in public right-of-way. The proposed tracer mechanism shall be approved
by the City prior to installation. All costs associated with furnishing and installing the tracers shall be the
Developer's responsibility. Before the Security for the completion of utilities is released, iron monuments
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must be installed in accordance with Minn. Stat. 9505.02. The Developer's surveyor shall submit a written
notice to the City certifying that the monuments have been installed.
6. CONSTRUCTION OBSERVATION The City shall at its own cost provide inspection of
storm water improvements being installed on the City's behalfby the Developer.
7. DEVELOPER PROVIDED CONSTRUCTION SERVICES The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built record drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie
dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City
consultants.) As-built record drawings shall follow the requirements set forth in the Public Works Design
Manual (PWDM). The as-built record drawings shall be submitted to the City for approval within six (6)
months of substantial base pavement course placement.
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved final plans and specifications. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine if
additional testing is necessary. The cost of additional testing is to be paid by the Developer.
E. Lot comers and monuments.
8.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
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first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
9. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by June 30, 2007. This shall include installation of storm sewer in and restoration of Park
Nicollet Avenue. If necessary, the Developer and the City shall consult about an extension of time. If an
extension is granted, it shall be in writing and conditioned upon updating the Security posted by the
Developer to reflect cost increases and the extended completion date.
10. !-ICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
11. EROSION CONTROL.
A. Prior to initiating site grading, the erosion control plan, Plan B, and Stormwater
Pollution Prevention Plan (SWPPP) shall be implemented by the Developer and inspected and approved
by the City. The City may require the Developer, at no cost to the City, to install additional erosion
control measures if they are necessary to meet erosion control objectives. All areas disturbed by the
excavation and backfilling operations 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. The
parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the erosion control plan and schedule or supplementary conditions imposed by the City, the City
may take such action as it deems appropriate to control erosion. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. The Developer shall be solely responsible for any
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costs incurred by the City for erosion control measures. The Developer shall fully reimburse the City for
any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may,
without further notice to the Developer, draw down the Irrevocable Letter of Credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements. Due to the time sensitive nature of providing for erosion control, the
notice provisions set out in Paragraph 31 shall not apply to notifications to the Developer under this
paragraph.
B. The Developer shall seed or lay cultured sod in all boulevard areas behind curb
within thirty (30) days, or within a timeline established by the City Engineer, of the completion of street
related improvements (sod does not need to be installed in areas of buildable lots where silt fence is
required behind curbs).
C. The Developer shall restore all other areas disturbed by the development grading
and construction operations within this time period.
D. Boulevard and disturbed area restoration shall be in accordance with the approved
Plan B and SWPPP. (No building permits will be issued until the Developer has installed silt-fence
behind the curb of all buildable lots). It is expressly understood that once silt fence has been installed it
shall be become the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by
the Developer's utility contractors.
12. CLEAN UP.. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean up within 24 hours of receiving instructions and notice from the City, the City, without
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further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in
Paragraph 31 shall not apply to notifications to the Developer under this paragraph.
13. GRADING PLAN.
A. The Plat shall be graded in accordance with the appLvved grading, development and
erosion control planes), (Plan B). The plans and work shall conform to the requirements set forth in the
City of Prior Lake Public Works Design Manual.
B. As-builts. Before the City releases the Grading Security, the 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 as built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot comers and house pads. The City may
withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer. The Developer shall also
submit a lot tabulation certified by a registered engineer showing that all pads have been corrected in
accordance with project specifications.
14. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon completion
of the Developer Installed Improvements required by this Develvpment Contract; (1) final written
acceptance by the City Engineer and, (2) adoption of a resolution of acceptance by the City Council, the
improvements lying within public right-of-way and easements shall become City property. The Developer
shall be responsible for all pond maintenance until written acceptance by the City of the Developer installed
improvements,
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A. Pond Improvements: Upon acceptance of the project improvements the City shall
maintain the storm water pond in perpetuity. The Developer shall be responsible for maintenance of any
fountains or private appurtenances connected to the pond.
B. Special Drainage System: Upon acceptance of the project the City shall maintain the
alternative storm water management system on this site. This shall include parking lot sweeping twice per
year and pervious paver maintenance. In the event the system fails the City shall be responsible for any tile
system repair, parking lot, paver repairs or tree/landscaping maintenance due to system failure. It is further
agreed that the City at their option may remove the pavers at their cost and pave the infiltration area.
15. CONSTRllCTlflN ACCES& Construction traffic access and egress for grading, utility
construction, and parking lot construction is restricted to Park Nicollet Drive via Franklin Trail. No
construction traffic is permitted on the adjacent local streets.
16. IMPROVEMENTS REOUIRED BEFORE ISSll~NCE OF BUILDING PERMITS.
A. Grading, utilities, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. Grading as-
builts for the proposed building permit shall be approved prior to issuance of a building permit. Before a
building permit will be issued a minimum of one (1) active fire hydrant within 300 feet of the unit must be
available for fire protection. If building permits are issued prior to the acceptance of the Developer
Installed Improvements, the Developer assumes all liability and costs incurred as a result of the delays in
completion of the Developer Installed Improvements; including damages to Developer Installed
Improvements caused by the Developer, its contractors, subcontractors, material men, ,;,mployees, agents or
third parties.
B. A temporary or permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer services have been installed and the parking lot has been
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completed and the first lift of bituminous has been placed and said improvements have been inspected and
determined by the City to be available for use.
17. .cITY ADMINISTRATION. The Developer shall pay a $500.00 fee for City administration
and preparation of the Development Contract. The Developer shall also be liable for any City costs
incurred in enforcing the terms of this Development Contract.
18. CITy CONSTRUCTION OBSERVATION. Not applicable. The City at their cost shall
provide construction observation for installation of City Trunk Stormwater improvements.
19. STR~T OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize
acreage charge of $2,066.00 for street oversizing improvements prior to the City signing the final Plat. The
amount was calculated as follows: 0.42 acres at $4,920.00 per acres. The Park Nicollet portion of the
property already has paid fees. The balance of the property excluding the proposed ponding easement area
is 0.42 acres. This charge was determined by the Transportation Plan Fee Study adopted by City Council
Resolution #05-18 on January 18, 2005.
20. PARK AND TRAIL DEDICATION. The Developer shall pay a park dedication acreage
charge of $2,688.00 for park dedication prior to the City signing the final Plat. The amount was calculated
as follows: 0.42 acres at $6,400.00 per acres. The Park Nicollet portion of the l-uuperty already has paid
park dedication fees. The balance of the property excluding the proposed ponding easement area is 0.42
acres. This charge was determined by the Comprehensive Park Study adopted by City Council Resolution
#05-18 on January 18, 2005.
21. LANDSCAPING~ Landscaping for this Plat shall comply with Plan D. The cost of the
landscaping requirements shall be provided by the Developer, subject to approval by the City. Subject to
approved Plan D, the Developer shall provide a financial guarantee of $47,924.00 based on an amount
equal to 125% of the estimated cost, as set out in Plan D, to furnish and plant the required landscaping and
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irrigation system. The City shall maintain the Security for at least one (1) year after the date the last
replacement tree has been planted. At the end of such year, or such longer period as the City determines to
be reasonable, the portion of the Security equal to 125% of the estimated cost of the replacement trees,
which are alive and healthy may be released. Any portion of the Security not entitled to be released shall be
maintained and shall secure the Developer's obligation to remove and replant replacement trees, which are
not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of
these trees, the Security shall be maintained for at least one (1) year after the date of the replanting or
planting of these trees. If, at the end of this period, all of the required trees are alive and healthy, the entire
Security may be released.
22. TREE PRESERVATION AND REPLACEMENT... Subject to approved Plan C, and to the
provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial
guarantee to furnish and plant the replacement trees. This guarantee is included in the Landscaping letter of
credit.
23. SErllRlIT.. To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the form attached hereto as Exhibit B, from a bank for $117,235.00. The amount of the Security
was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Storm Sewer
Landscaping
Alternative Stormwater Management System
$
$
$
12,950.00
38,338.00
42,500.00
93,788.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
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TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
X 1.25
117.235.0Q
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
seven County Twin City Metropolitan area. The Security shall be for a term ending December 31,2006
unless otherwise approved by the City Engineer. The Irrevocable Letter of Credit shall automatically renew
for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date
(which shall be January 1st of each year), the Bank delivers written notice to the Prior Lake City Manager
that it intends to modify the terms of, or cancel, the Irrevocable Letter of Credit. Written notice is effective
if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior
to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City
Manager at least forty-five (45) days prior to the renewal date. If the required Developer Installed
Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City
may draw on the Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to
cure the default.
24. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required portions of the Developer installed improvements have been satisfactorily completed and financial
obligations to the City have been satisfied, the Security may be reduced by seventy-five percent (75%) of
the financial obligations that have been satisfied upon written authorization by the City Engineer. Any
requests for reductions in the Security must be made in writing to the City Engineer and must be
accompanied by lien waivers from any contractor or subcontractor for the Developer. Twenty-five percent
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(25%) of the Security shall be retained until all Developer Installed Improvements and other obligations
under this Develvplllent Contract have been completed, including, but not limited to, all financial
obligations to the City, and the receipt of all required as-built street, utility and grading plans by the City.
Once the City has accepted the project, as-builts have been completed, all punch list items are completed
and warranty bonds submitted, the Irrevocable Letter of Credit may be reduced to 5%. Upon completion of
the warranty period the 5% Irrevocable Letter of Credit may be released. In no event shall the five
percent (5%) Security be released until the Developer provides the City Engineer with a certificate from the
Developer's registered land surveyor stating that all irons have been set following site grading and utility
and street construction.
25. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$5,254.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee
Street Oversize Acreage Charge
Park and Trail Dedication Fee (if in lieu ofland)
TOTAL CITY DEVELOPMENT FEES
$
$
$
$
500.00
2,066.00
2,688.00
5..Z54"OQ
26. WARRANTY. The Developer shall warrant all public improvements until accepted by the
City.
27. OVERSIZING. City and Developer agree that the Developer Installed Improvements
should be oversized for the benefit of future development. Oversizing is the construction of a Developer
Installed Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to storm drainage facilities and
improvements. If the City Engineer determines that oversizing is required, the City shall reimburse the
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
Page 12
Developer for the costs associated with this work and as approved in this contract. City and Developer
agree that the cost of system oversizing to be reimbursed to the Developer is $79,950.00 based upon a cost
estimate by the City Engineer as determined by the Developer's engineer's estimate to be provided by the
Developer and application of the City's Assessment Policy based on a final engineering design. If the
Developer does not obtain competitive bids for the work the City Engineer may reject the estimate prices
and use competitive bid prices obtained from recent city projects. No additional oversizing compensation
relating to this Development Contract shall be made unless approved in writing by the City Engineer and
approved by the City Council. It is the Developer's responsibility to provide accurate estimates in
accordance with the approved construction plans. The calculation for oversizing is attached as Exhibit D.
The City of Prior Lake will be applying for a grant from the Spring Lake Watershed District to
reduce the costs of the alternative system design and land acquisition. It is also agreed that any grant
amount the City receives in excess of $30,000.00 shall be reimbursed to the Developer by the City for
ponding land cost considerations.
28. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Develu}JUlent Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Irrevocable Letter of Credit Security in an amount up to one-hundred twenty-five percent (125%) of the
c1aim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any further proceedings as it pertains to the Irrevocable Letters
of Credit deposited with the District Court, except that the Court shall retain jurisdiction to determine
attorneys' fees pursuant to this Development Contract.
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Page 13
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of one-
hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance ofless than one-hundred dollars
($100), the Developer shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Developer shall be awarded its costs and
disbursement, including attorney's fees incurred in bringing the action, from the Irrevocable Letter of Credit
or other security provided by the Developer to the City. (See Minn. Stat. S471.425, Subd. 4a.)
29. RESPONSIBILITY FOR COSIS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 12 and 13 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Develvpment Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
30. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, anyone or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all real estate property taxes and assessments with respect to the development property;
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations of this Development Contract; (3) failure by the Developer to observe or perform
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
Page 14
any covenant, condition, obligation or agreement on its part to be observed or performed under this
Development Contract; (4) transfer of any interest in the Plat without prior written approval by the City
Council. (For the purpose of this paragraph 30) 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 in connection with this Develupment Contract; (7) failure by the
Developer to renew the Irrevocable Letter of Credit at least forty-five (45) 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) a
breach of any material provision of this Development Contract. With respect to this paragraph, "material
provision" shall be construed broadly to offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 37 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Develupment Contract.
2. The City may cancel or suspend this Development Contract.
3. 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 Development Contract.
4. 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 Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots in this Plat.
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
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Page 15
7. The City may, at its option, install or complete the Developer Installed
Improvements using the Irrevocable Letter of Credit to pay for the related costs.
8. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1-7 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
31. !y"OTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 11 and 12, requires Notice to be provided to the Developer, the notice 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.
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
Village Commerce Building, LLC, 14093 Commerce Avenue NE, Prior Lake, MN 55372.. Notices to the
City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by
certified mail in care of the City Manager at the following address: City of Prior Lake, 16200 Eagle Creek
Avenue, Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City, Notice(s) shall
be served upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan & Johnson, US Bank
Plaza, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
32. 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,
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
Page 16
which arise out of, result from or relate to this Develvpment Contract. The responsibility to indemnify and
hold the City hannless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any ofthese individuals.
33. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the 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 hannless provisions set out in Paragraph 38 shall apply to said actions.
34. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the
Developer Installed Improvements, public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death
shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property
damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of
$1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate
shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall
have expiration dates falling on June 30th or December 31st of each year. Each insurance certificate shall
have the project name and City project number clearly shown.
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Page 17
35. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within ninety (90) days of the City Council's approval of the Development Contract.
The Developer shall provide the City with a recorded copy of the Development Contract. The Developer
covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
36. SPECIAL PROVISIONS,. The following special prOVlSlons shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution appLvving the final
Plat.
B. The Developer is required to 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 (22x34 inch) paper copies and one (1) reduced (11x17 inch) copy
shall be certified and submitted to the City.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
37. MISCELLANEOUS.
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Page 18
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity ofthe remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this DeveluplUent Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council which approval shall not unreasonably be withheld. The
Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or
more lots, the entire Plat, or any part of it.
E. Interpretation. This Development Contract 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 Develvpment Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
prOVISIOns.
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Page 19
F. Jurisdiction. This Development Contract shall be governed by the laws of the State
of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATEOFMINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this day of , 20
by Jack G. Haugen, Mayor, and by Frank Boyles, 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
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
, 20_,
by_
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
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Page 20
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\prem & final\village commerce buiIding\village commerce final dev cont.doc
Page 21
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
.' fee owners of all or part of
the subject property, the development of which is governed by the foregoing Develvpment Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this
day of
,20
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
,20
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
Page 22
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WLLAGE COMMERCE ADDITION
KNOW All PERSONS BY THESE PRESENTS: That Village CC,'lmerce Building. LlC. a limited liability
corporation, owner end proprietor of the following described property situated in the County of
Scott, Stote of Minnesota, to wit:
lot I, Block 2. PARK NICOLLET ADDITION
Aod
Thot pert of the West Holf of the Southeast Quarter 0' Section 2. Township 114, Range 22.
Scott County. Minnesota described os follows: Commencing ot the Southeast corner of said
West Half of the Southeast Quarter; thence North 00 degrees 08 minutes 19 secondS Eost
along the West line of the plot of Prior South, Scott County, Minnesota as monumented, 0
distance of 1940.74 feet to the intersection with 0 line drown parallel with and distant .33.00
feet Southerly (os measured at right angles) of the cer,terline of County Rood No. 39 (Franklin
Tra~) the point of beginning of the land to be described; thence South 87 degrees 29 minutes
19 seconds West along said porallel line a distance of 150.00 feet; thence South 00 degrees
08 minutes 19 seconds West 0 distance of 256.44 feel; thence South 89 degrees 51 minutes
41 seconds East a distance of 149.84 feet to the intenection with 0 line drown South 00
decyees 08 minutes 19 seconds West from the point 01 beginningj thence North 00 degrees 08
de9'ees minutes 19 seconds East 0 distance of 263.38 feet to the point of beginning. for
the purpose of this description the South line of said West Half of the Southeast Quarter was
designated 0 bearing of North 89 degrees 55 minutes ::6 seconds East and aU others ore
relative thereto, according to the Government Survey thp.reof.
Has caused the some to be surveyed and plotted os VILLAGE COMMERCE ADDITION and does
hereby donate and dedicate to the public, for public use forever, the avenue and also dedicates
the easements as shown on this plot for drainage and utilit.. purposes only.
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In witness whereof said Village Commerce Building, LLC. a limited liability corporation, has caused
these presents to be signed by its proper officer this ____ day of
200__.
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Village Commerce Building, LLC
By. __________________ __ its
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S1 A TE OF ___________
COUNTY OF _____
The foregoing instrument was acknowledged before me this _____ day of ___________~
200___ by _______ of said Village Commerce Building, 0
limited liability corporation. on beholf or said corporation
Notary PubJi~--.=-=.=--=--=--=-.=-.=-:.=c~;;;-tY~-M~-;;;s~to
My Commission Expires _______
Cc
(' VICINITY UAP "-
SEc. 2. TWP. II.... RGE. 22
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WONLIrIIENT SET ....fID I<lAAAED BY LICENSE HO.
16456, lMLESS OI,'EItWlSE SHOWN
n.
1IiE EAST LINE Of- Uti[ WEST 1/2 OF THE SE
1j40F"SEC.2,iWP,1I4,RCf:.UIS
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t hereby certify that I helve surveyed and platted the property described on this plot as
_______ ___ that this plot is 0 correct representation of said survey.
that all distonces are correctly shown on said plot in feet and hundredths of a foot; that 011
monuments hove been correctly placed in the ground os shown on said plot; that the outside
boundary lines are correctly designated on soid plot; and that there ore no wet lands os defined in
Minnesota Statutes, Section 505.02, Subdivision I or public highways to be designated on said plot
other than os shown.
John K Barnes, Licensed Land sc;;e~----
t.tinnesota License No, 16456
STATE Of I.1INNESQTA
COUNTY Of HENNEPIN
The foregoing surveyor's certificate was acknowledged before me this ____ day of
_____. 200__, by John K. Barnes, t.tinnesato License No 16456.
Notary Public, ___________ County. Minnesota
My Commission Expires
We do hereby certify that on the ________ day of ___, 20__, the City Council of
the City of Prior Lake, Minnesota, approved this plot and is in compliance with the provisions of
Minnesota Statutes Section 505.03. Subdivision 2.
________________ Mayor
_____________ Manager
Scott County Surveyor
Pursuant to Chapter 7, Uinnesota Lows of 1976, this plot has been approved this ______ day of
Scott County Surveyor
Scott County Auditor/Treasurer
I hereby certify that the current and delinquent taxes on the lands described within ore paid and the
transfer entered this doy of _________________.
Scott County Auditor
Scott County Treasurer
________, Deputy
Scott County Registrar of Titles
I hereby certify thot this plat was filed in the office of Registrar of Titles this ________ day of
____ _ _______. at o'clock, _.M. and duly
recorded os Document No. ________________.
Scott County Registrar of Titles
~ ~ @ ~ ~ \l] ~ -'I
J JUN 2 2 2006 J
By
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EXHIBIT "B"
SAMPLE IRREVOCABLE LEIIER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name ofDevelooer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
, dated
, 20_, of
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
(Address of Bank)
, on or before 4:00 p.rn. on November 30,20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
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Page 24
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person $2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVTI?ED:
Operations of Contractor: YES
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Page 25
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed OperationslProducts: YES
Contractual Liability (Broad Form): YES.
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDULllULES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF Ul~ ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF llU. ABOVE DESCRIBED POLICIES BE CANCELED BEFORE IJ:1.E E:xrIKATION
DATEIJ:1.EREOF, TJ:1.E ISSUING COMPANY WILL MAIL lnIKTY (30) DAYS WRIll~N NOTICE TO
TJ:1.E PARTIES TO WHOM TIDS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
Page 26
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
Storm Sewer Installation, Pond Oversizing and Alternative Stormwater System Costs
I Item
I Engineering and Administration
I Park Nicollet Storm Sewer Installation
I Pond and Storm Water System Land Acquisition
Pond Oversizing & Alternative Storm Water System
Total Oversizin2; Cost
Cost
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
$4,500.00
$12,950.00
$20,000.00
$42,500.00
$79,950.00
Page 27
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
Page 28
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions ofthe entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides financial security, acceptable to the City Engineer prior to release ofthe final
plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by November 7, 2006, will render the
final plat null and void.
1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc
Page 29
---
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SE CORNER or Tlit WEST 1/2 or THE
Sf 1/4 or SEe 2. TWP 114 Roc. 22 -",
-'-1324.5J"-
SS9'~'J'l"[
WLLAGE COMMERCE ADD/nON
KNOW ALL PERSONS BY THESE PRESENTS: That Village Cc..,merce 8u~din9, llC, 0 limited liability
corporation. owner and proprietor of the following described property situated in the County of
Scott, $tote of Minnesota, to wit:
Lot I, Block 2. PARK NICOLLET ADDITION
Aod
That pOf'"t of the West Half of the Southeast Quarter Of Section 2, Township 114, Range 22.
Scott County. Minnesota described as follows: Commendng at the Southeast corner of said
West Half of the Southeast Duarter; thence North 00 degrees 08 minutes 19 seconds East
oIoog the West line of the plot of Prior South. Scott County, Ulnnesota os monumented. a
distance of 1940.74 feet to the intersection with 0 line drown parallel with and distant 33.00
feet Southerly (05 measured at right angles) of the cer,terline of County Road No. 39 (Franklin
Trail) the point of beginning of the land to be described; thence South 87 degrees 29 minutes
19 seconds West olong sold parallel line 0 distance of 150.00 feet; thence South 00 degrees
08 minutes 19 seconds West 0 distance of 256.44 feel; thence South 89 degrees 51 minutes
41 seconds East a distance of 149.84 feet to the inter'iection with 0 line drown South 00
degrees 08 minutes 19 seconds West from the point 01 beginning; thence North 00 degrees OB
degrees minutes 19 seconds East 0 distance of 263.38 feet to the point of beginning. For
the purpose of this description the South line of soid YOest Half of the Southeast QlJarter was
designated 0 bearing of North 89 degrees 55 minutes ::6 seconds East and 011 others ore
relative thereto, according to the Government Survey th~eaf.
Hos coused the some to be surveyed and plotted os VILLAGE COMMERCE ADDITION and does
hereby donate and dedicate to the public, for pUblic use forever, the avenue and also dedicates
the easements os shown on this plot for drainage and utilit" purposes only.
In witness whereof said Village Commerce Building, LlC. 0 limited liability corporation, has caused
these presents to be signed by its proper officer this _____ day 01
200
Village Commerce Building. llC
By.
______ its
~~
.
STATE OF ___ ___
COUNTY OF ___________
The foregoing instrument was acknowledged before me this _____ day of _____________,
200_, by ____. ________ of said Village Commerce Building, 0
limited liability corporation. on beholf 01 said corporation
Notary Public, _____ County, I.linnesoto
My Commission Expires ____
i' V1C1N1TY MAP '\
SEC. 2, TWP. 114, RGE. 22
.IV
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THE EAST LINE OF THE WEST 1/1. C1f Tli[ SE
1/4 C1f SEc. 1., lWP. 114, AGE. 1.2. IS
ASSLMED TO HAVt A SCARING C1f NO"u'aJ"[
. DENOTES FOUND RON IolON\JlllOlT
o OENOTES 1/2 INCH BY 14 IMCH IRON
IIIC:lWI..UENT5ETA~IolARKEDBYlICENSE NO
16456. I.HLESS O"~EAWlSE SHOWN
40 0 40
L--
SCALE
I hereby certify that I hoV1! surV1!yed and plotted the property described on this plot os
_________ that this plot is 0 correct representation of said survey,
that all distances ore correctly shown on said plot in feet and hundredths of 0 foot; that ofl
monuments hove been correctly placed in the ground os shown on said plot that the outside
boundary tines ore correctly designated on said plot; and that there are no wet lands os defined in
Minnesota Statutes. Seelion 505.02, Subdivision I or public highways to be designated on said plot
other thon os shown.
John K Barnes, licensed land Sur~eyor
Minnesota license No. 16456
STATE Of MINNESOTA
COUNTY OF HENNEPIN
The foregoing surveyor's certificate was acknowledged before me this ___ day of
__--' 200__ by John K. Barnes. Minnesota License No. 16456.
Notary Public, __________ County, Minnesota
Ioty Commission Expires
We do hereby certify that on the ______ day of _________ 20_, the City Council of
the City of Prior lake, Minnesota, approved this plot and Is in compliance with the provisions of
Iotinnesoto Statutes Section 505.03, Subdivision 2.
____________________ Iotoyor
____________ Manager
Scott County Surveyor
Pursuant to Chapter 7. Minnesota lows of 1976. this plot has been approved this _____ day of
Scott County Surveyor
Scott County Auditor/Treasurer
, hereby certify that the current and delinquent taxes on the lands described within ore paid and the
transfer entered this __ day of ______ ___, -----------.
Scott County Auditor
Scott County Treasurer
_____, Deputy
Scott County Registrar 01 Titles
I hereby certify that this plot was filed in the office of Registrar of Titles this ________ day of
_______, at o'clock, __.M. and duly
~~rd;d~_;-D;;~~_;;;_tNo. ______='____
S~tC_;;~~y-R~9iStr-;;;-~fTit~-;------------
~~@~O\V~j.~
~l JUN 2 2 Z006 '
By
80
I
Fur
1/ Sunde Land Surveying, LLC.
PROPf"RTV DfSCRIPTION
(P... C...tillcat. of TlU. No. ~99B)
Lot I. 8lack 2. PARK NICOLlET AOOlTION. SCClIt
c.,unly,lolinn..ala
(P.rC...t1fical.aITiU.NCI.J5072)
fhal pori of 11,. W..I Hal' of Ih. Sauth.a.1
Quarl...alS.ction2,faomohlpI14;Ran9.22,
ScatlCaunly,l,linn..alad..crlb.da.lallalll.'
~':.'lm~l~in:, -::..t~S::.~~:r~;" ~~~~1cI
North 00 d.gr... Gamnut.. 19 ..cond.Ea.1
along th. W..I Un. of th. pial at Prior Saulh,
Scott County, Minn..alO O. monum...t.d, 0
dlllanc.al 194D.14 fut to Ih. 1n1".Klian "ilh
alffl.dra..nparoll""lthonddlstonI3J.OOlnt
Soulhlll"ly (a. m.a.......d 01 right 0'191..) of th.
cent...lln. afC_t~Raad No. 39 (.ranklln frgH)
th.pginlgfb.glnnln9alth.lgndlob.
d..crlbed; thence Soulh B1 d....r... 29 mlnul..
1\I..conde W..t 01""9 IIOId paroll" IIn. 0
dl.lanc. 01 !SO.OO fHI; thence Soulh 00
dl9'".'. 08 mlnut.. 19 ..condl W..t 0 dlltancl
01 256,44 I..t; Ihen"" Saulh 89 d.11'"'"51
mlnul.. 41 ...,.".,d. Ea.t (> dl.lonc. 01149.84
rHt to Ih. int""",,11on lIIith 0 lin. drallln South
00 d.gr... 08 minul.. 19 uca"d. W..t from
th.painlalb.<,1Io"in<;l:thenceNarlhOOd....r...
08 d'9r... mlnul" 19 ..cand. Ea.1 0 dl.IOllC.
af26J.36futlalh.polntalblfl<)innIn9. .ar
Ih.purpanal\l1i.d.lCriptionlh.Soulhlin.al
ltald W..I Hall 01 Ih. South....1 Quart.. ilia.
~.~~.~I.~ a.:"..:~.t E"':.tNO:; :~ adt~~~.~r;5
r.laliYl Iher.ta. accordi"9 10 Ih. Ga_nm.nl
Sur...yth....al
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Oenat..bHhivecalct1baoitl
Oenal..calchba.ln
Oenat.. communicallon box
O""at.. ca.1 iron pip.
Ollnalnducth iran pip.
Oenat...leet,icbax
O..at"9"'U.r
O...at..quordpa'l
0...01.. handicap ramp
g:::~::: ~;~:~~Ylrl
Oanal..h.ndlCapedafla
0Illal..li9htpal.
Oenat..mo"ilorin9 well
O""otlla...rh.od.l.ctriclin.
O..,at..pow...pol.
Oenol.. pow... ond IIQht pol.
Oenal..parltlnll.lgn
O""ot..pla.tlcplp.
Oenal..r.lnlorcedconcr.t.pip.
Oenat..raoldrain
Oenot...a"ltary manhole
Oanot.. sa"ltorynw.. 11'1.
O""at... slorm manhole
O....at.. .Io<m ......lIn.
Oenot..I.I.phan.bax
O....ot..lopalcurb
Oenalntralflcconlrolsl9n
Derlol.. und...qrouno communlcotlon 11"1
D""ot..und"lIrOUndllICtricllnl
Oenot... """I pip.
g::~::: ::~~~~~ln~ay pip.
Oenat.....at..yol....
~~~8
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O"",ot.. Bo..ld... Iu.
OenotnCrobapplltr..
g:~::: ~:~I';.i~:.t<..
Oenot..Colorada Gt..nSpruc. tr..
( VICINITY MAP '\
SEC. 2, TWP. 114, RGE. 22
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I.) locotiona"d.lzualund"9rOU"dutlllli..shown
h...1OII or. approxlmat. only ond ore shawn bond
an n.ld location 01 YI.ibl. lixlurn In camblnolion
with ayo~abl. dala pro.,,;ded by yorioue IOUrc...
Som. Ilnd"'9round utMltylacoUon. or. "0,," ae
marked on.it. by Iho.. "tHlty componl.. .mo..
locolar. r..poncMd to ourCoph.. Stat. On. Coil,
lick.t numb.r 60275140. UtHitl.e ....own are
dlpl"d""t on the compllhn... ond ac<:"'acy 01
datoproYld.d.Olh...underllroundutHlIinolwhich
.... or. "'1011I0" moy ..lei. Verily all ulllltl..
critlcollacon.tructlonordil.l9"
2.) Conloct GOPHER STAfE ONE CAll at
Cl51-454-0002 lor pr.ci.. on.it. location of
utMI\IlI.prlortaony..coyotlon.
3.} rhl.:lUr....ywa.p~orecl";th....llh.ben.filal
cUrl"enttlll.work. Eo.""'....t..oppurlenonc..,and
.ncumbronc..moy..i.t in addilion to 11'10.. ohawn
1'1"10". fhi. .......yl. 1Ubj.ct 10 r.vltilon upon
r.celpt 01 g current litl. in.uronc. commitmenl or
altarn.y'.tiUI",,5nion
4.) Th.lUbjlflclprop...lyapp.....tali.withlnlon.X,
(ArlO.d.termln.dtab.oul.ld.th.~-)'IO<
Hoodploin).p.rth.NoUo"oIFlaadlnlUronC'
Provam. Flood 1"",rOll<:1 Rot. Iolop Community
fg";;1 No. 2704,32 0004 C, dal.d Nay""b.. Ig.
5.) A.r.a.;
:~=nd Lot I, Slock I _ 8O.199 Sq. .1. or 1.841
PropaMd dedlcol.d ri<jht-af-wa)'. 2.347 Sq. n
or O.OMA",u
6.) lDftin\londntbockinlormollonO'PrOYldedbyth.
Plonn,nll Departm.nt of Ill. City 01 Prior loke:
Th. IUbjlct prop..ly I. zon.d C-4 (GIn"'"
s....in...U,.OI.trlcl)
,., " n n " " " "
/. V " <./ V '" I V '"
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SundlEngineerint.PLlC
IOBJON.lbittA...nu.South
8100mlnlllon, loiN 55431
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NOfE: Th. property i. ...bjecl 10 0 YOI"IOI'Ic.
off.dlnglh...tbackdl,lonc...
11.) Ea.""enl. lor nstollatlon ond malntenanc. of
uUili..on4droina<;l.,ocliU..or....l'YlCla_,
under and oIon9 the strips marked dr1linoll. a"d
ullllyea...mentl.
12.) SI...I',all.yo, and oth.. public or.o. Ihawn on
thll plal and nol h...talor. dedlcoled 10 pUblic
unor.h..tby.adedicoled
7.) S"....ycoordinot.bali"S<:QttCounly
..)
8t.111.) fop 01 top nut of thl 2nd r... hydronl
loulh of South .ronldin T...~ on thl eo.' .Ide at
Pork Nk:all.1 A.....u..
EI.....llon..9&8.18feet
1.1.) Th....lir.....bjlflclpr"ll..tyl.rll9isteredlond.
:.~~) ol$oual~ I~on"~~ a;r~~.on;wth:,:O~r;::;: 01
Pork Nicollet A"""uI.
O.....tion _ \170.40 I..t
9,) n..n..... Inorlh oorcll\
CltyalPrlarlokl
IIS200EaQl.er.ekA.........SE
~~:;.~~'2~~4i~~
w. h.reby certify Ihal this I. 0 lrue and carreet
........taIIDft 01 g ........y 01 Ih. boundarl.. of
th.l_d oba.... d..aibed ond 01 Ill. location of
011 buildin91. II any. from or on .ald land.
Own..... lon".h n.........)
Health.ylltem t.llnn....to
6500 Exc..ior8aul......d
Sainlloui.Park,l,lN554IS
Phon" 1152-99J-99oo
Oated thltl 21,1 day of June, 2006
"
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VILLAGE COMMERCE BUILDING
PROJECT TEAM
PREPARED FOR..
VI~,-AGE COMMERCE 8UILDI~G, LL..C
500 $OUT;"! MARSC-"'AL_ RD "300 (<>'52) 4"\100-2:227
ShAKOF'!':E, "1INNESOTA ..0:,37"1 FAX (<>'52) 4.045-4101
~IVIL ENGINEER
SuNDE E)\jGINEERiNG, oL:....C
:oe:w "E56OTT AVENUE (%:2; eel-3344
BLOOMING-TON, MINNES07A 5",437 "AX (%2) 8el-I'l13
ABBREVIA TIONS
"
eMU _COO<<:Il.E'E MAso.ll:Y "..,. EXP
.AeoYf ,,'NIs;..;fD "LOOJ<'Ct<ST-CONSHI.:;CT.CiN
APf'IWl(...."''''!WXIMATf
_SEAll.IN<O?LATf
GONT_CO>OTCNUf(C<.IS)
ells -COURSE
,~ -CONTROl.. JO'''F
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0" _OIl'NK'><G "o.;"1"AI~
EL-ECT-EL-ECTIlLC(AL)
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C_G. -CEILING.
>oot.-,...,...e-
-CLEAIl(...""E)
PRIOR LAKE, MINNESOTA
ARC;"":ITECT
Tli5~!E MONTGOMERY ARO-LTECT5
~ONTRAC-:-OR / CO'\5TRUCT;QN i"1ANAGER
GREY57Ci\.E CONSTRuC"-iQr\
G-Ol;!DIE SC...~ITZ
7,..IS p"''''DALE AVENuE SOUT.. "'00 (1012) ~:-'%3"
r-.INNEAPC...:S, M:NNESC,A 55';'::13 FAX ('i::l) fl(,~-"IIio3::1
ni EAS, FOLOR,"' AVENI..E ("'S::1) 40'_:2::1::17
S~AKOPEE, r-;INNESCTA "'5::17<> FAX (0"'::1) 6.<l",_<\loi
STRUCTURAL ENG'NEER
l..5 Et'-<GI!\.EERS
::100 SOJT... MAl'" S,REE-
u:: S"ELlR, !'"1li'oNESOTA slio{)se
(S07)....5-.:2",,'"
(~7) o'"t,S-,e1e
~V"'C _"'€...'",><<; I liE"" ~""'ON 1M'" -r'AN...o~E
"'fll:_r-,"N~F~r",RE
" ~"r1-P~A5"'C J.M'....':-E
,,~ec 1"N~_EUCTll:'C..~ PANE~
&oC -f~fC-ll:LC ......TEll: co()~E"
EX'"
~'" _"''''5O'''''T OPE"'N(;. ", _"ll:ESS~IlE "'ll:EATE:) s.;,G
_Po...TV'NT~ C"'~o;!':;lE 5"R
M'f>C_r',SCf~~A>JEaJS _"OJND5 !"Ell: SQ..;All:E FOOT S,r1
N'C_o;oT'NCDNTll:ACT P5 _F'OUNDS"E;lSQ.;..l<f'''''''' f>C
N,S _"lOT "'0 f>CA~E F'C
_"",$01-<.::> FL.DOR E~.\I"T,ON ""~ .'NC:~~OE
D _'''S,;;;EO'''''''ETE;l
_PClo-oER?O..E
_Q~"ll:I<T T'~E
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"'I< _......Hll:'lES'$...NT
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-""OTI", ..'DE
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PROJECT INFO,
SITE LOCATIOr-;
GENERAL :\OTES
A:"'~ "ECESS...RT ANDIOII. ll:!Q".ll:EO ,ESTS, 'N$PECT,O"S Sl-'O'"
ORA...It<G li:EY'f"S ",N;) ;)ll:A"",C;; ,..TEIliPll:E-7....,'OhS. !;!fQu'll:EO
BT ,...E GENf!;!A~ C""D'T'O'S, !>><A~~ BE ElCECU-fD BT '"
Ri::"Go'STERE:;l ARC..'TECT ANO/O'"! BT'" REGo'STEREO E"C;;L"EER.
'F NCT, ''''E "'!;!C"'ITEC~ OF ll!~D A~DI OR ~..E E~"'''IEEll! OF
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T U S HIE
MONTGOMERY
ARCHITECTS
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Jane Kansier
Planning Director
City of Prior Lake
16200 Eagle Creek Avenue Southeast
Prior Lake, MN 55372
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Re: Site Plan Approval, Variances, Combined Preliminary and Final Plat
Village Commerce Building
Park Nicollet Avenue, Prior Lake
Dear Jane:
We are pleased to present to you and your Staff our design for the future home of the Village Commerce
Building. This project will consist of a new, two story, office building designed to complement and enhance
the neighboring buildings.
Intended Use of the Property:
As you know, we have been studying the property for a significant amount oftime. We have looked
at several configurations of the building and parking lot for the site and have determined that the
best use for the site is the plan that we are submitting. From the start of planning, we anticipated a
high water table which omitted any possibility of underground parking. This fact determined the
size and thus, the height of the building which the parking lot could support. The Owners have
requested TMA to design an exciting project, which consists of unique building shapes and a drive-
through bank teller function. Their intent is to create an interesting environment where several
professional uses can benefit from the developing community as well as to provide an environment
for office users to be proud of and thrive.
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Description of the Proposed Development:
This project consists of one office building placed on the site to minimize impact to it's surrounding
residential neighbors. The entry point is located at the southwest comer and a one-way drive system
exits the site at the northwest comer. The building is designed to be complementary in scale,
materials, and design with it's surrounding neighbors.
Site
The main entry/exit to the site is located off Park Nicollet A venue at the southwest comer of the
site. A supplemental exit is located at the northwest comer of the site adjacent to the new
stormwater retention pond. The majority of the traffic entering the site will circulate through the
south parking lot and exit the same way they entered. Seasoned visitors to the site will enter at the
same location, but will probably exit at the one-way northwest exit onto Park Nicollet Avenue to
avoid congestion at the site entry.
Pedestrian access to the series of sidewalks on Park Nicollet A venue is accessed from the network
of sidewalks, patios, and crosswalks on site.
7645 Lyndale Avenue South, # 100
Minneapolis, Minnesota 55423
612 . 861 . 9636 Fax: 612. 861 . 9632
www.tmiarchitects.com
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Jane Kansier
City of Prior Lake
Village Commerce Building
June 22, 2006
Page 2 of6
Two drive-thru lanes for the Bank Tenant are located under a portion of the building. Both drive-
thru's are accessed via a one-way drive system which exits directly onto Park Nicollet Avenue.
These drive-thru's are anticipated to have a maximum of three stalls of drive-up service at one time
as described by the Tenant in the enclosed letter. Bank service will be through pneumatic tubes
from the soffited ceiling above. The Instant Cash Machine will be located in the front vestibule and
will be accessible during non. business hours.
The stormwater will be treated by means of a new pond located at the northern portion of the site.
The on-site stormwater piping is designed to collect and distribute excess water to the pond for
temporary storage and treatment.
Building
This two-story Class A Office Building consists of 8,271 sf of leaseable office space on the first
level and 10,509 sf of leaseable office space on the second level. Parking for the site is calculated
based upon 22,300 gsf(which does not include Second Floor stair areas)..
The first level houses a large common entry space with a decorative two-story, open staircase. This
staircase is highlighted via a curtainwall of glass facing south. Restrooms are located on both levels
for occupants and their guests. The main entry of the building is punctuated with a curtainwall of
glass and an entry canopy.
The upper level will also house office functions. An elevator is designed with a decorative lobby to
provide the proper atmosphere for professional offices. The building height is 34'-0" with design
elements reaching 40'.0" in height at the entry.
Uses
The intended uses of the buildings are professional office. This would include tenants similar to
accounting practices, attorneys, insurance sales and service, financial services, etc. The hours of the
building will be Monday through Friday, 7 am to 6 pm. The bank hours will be similar during the
week, with the exception of Saturdays. The bank intends to have drive-thru and office hours on
Saturday.
Variance for Building Setback at Park Nicollet Avenue
We are asking for a variance to the 50' building setback to the west property line adjacent to Park
Nicollet Avenue. We are proposing a setback of 5' from the property line to the building for the
entire length of the building. The design team has worked diligently with staff to mitigate any
building setback variance to the residential property owners to the east, thus requiring us to request
a variance to the west. The narrowness of this site and the required setback to the residential to the
east, deems it un-developable under existing zoning ordinances.
The design team agreed to abide by the 60' building setback from the east, thus forcing the building
further to the west. By pushing the building towards Park Nicollet Avenue, the building envelop is
squeezed to the narrowest possible for successful marketing to potential office users. This narrow
building configuration still impedes the 50' building setback by 45'. It is not possible for us to
design a marketable office building on this site with the 60' east building setback and the 50' west
.
Jane Kansier
City of Prior Lake
Village Commerce Building
June 22, 2006
Page 3 of 6
building setback. We chose to infringe on the street setback and be a good neighbor to the
residential occupants to the east.
Variance for Parking Setback at Park Nicollet Avenue
We are asking for a variance to the 10' bufferyard parking setback to the west property line adjacent
to Park Nicollet Avenue. We are proposing a setback of 4' from the property line to the face of curb
at the south parking lot for a 70' portion of the parking lot. The parking stalls must balance with the
office area intended to be leased thus requiring 89 parking stalls. Unfortunately, the required
amount of stalls is greater than we can efficiently park without infringing upon the parking setbacks
to the west and east. The design team has planned for landscaping and berming at these locations to
mitigate any concerns of Planning.
Variance for Parking Setback at the east property line
We are asking for a variance to the 20' bufferyard parking setback to the east property line adjacent
to the multi-family residential uses. We are proposing a setback of 15'-0" from the property line to
the face of curb for the entire parking lot at the east side.
With the building footprint established behind the 60' setback, the remaining site is not wide
enough to incorporate a 25' drive aisle, perpendicular parking stalls, and the 20' parking setback.
The design team has incorporated a 22' wide, one-way drive aisle with angled parking to alleviate
the width required by City ordinance. Even with this design, we are stilI encroaching 5' .0" onto the
. 20'.0" setback. The design team has planned for landscaping and berming at these locations to
mitigate any concerns of Planning.
The narrow building configuration, coupled with a narrowed drive aisle and parking design
continues to prove that this site is a challenge to meet the required setbacks. We are placed in a
situation to request these variances to make this a developable site for our intended use.
Variance for car stacking at drive-thru
According to the Bank tenant, the amount of stacking required by City ordinance is significantly
greater than what is actually required for their bank operations. Enclosed with this packet is a letter
from the bank management outlining their required stacking at the drive-thru. It is our
understanding that three stalls of stacking for two lanes is more than enough for the bank's general
use during it's peak hours.
We are requesting a variance to the drive-thru stacking requirement to three stalls of stacking. Our
intention is to provide employee parking at the location of the excess stacking. It is more beneficial
to have the appropriate employee parking than an excess amount of stacking which will never get
used.
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Jane Kansier
City of Prior Lake
Village Commerce Building
June 22, 2006
Page 4 of6
Proof of Hardship for Development of Site
The amount and types of variances requested for this project are indicative of the hardship we are
facing as we propose to develop this site.
1. Whereby reason of narrowness and exceptional water conditions, the strict
application of this Code would result in difficulties and/or undo hardship upon the
Owner of such lot in a manner permissible within the Use District.
This parcel is a leftover site from the previous development on the Park Nicollet Avenue.
The depth of the site is approximately 150'-0". The depth of the lot, coupled with the 60'
building setback to the residential to west and the 50' building setback to Park Nicollet
Avenue to the west makes this site virtually undevelopable under the current setback
restrictions.
In addition, the pond required by the City is approximately twice the area normally required
for a site of this size. It is our understanding that this pond size is due to the fact that our site
is not serviced by the regional pond. The design team learned early in the design process that
stormwater piping was not installed in the Park Nicollet Avenue to service this site's excess
water. Therefore, the size of the on-site pond must be enlarged to accommodate for the
storm events and water quality that the regional pond would normally accept. Unfortunately,
the excessive size of the pond impedes our ability to plan the site in the most efficient
manner.
2. Conditions applying to the structure or land are peculiar to the property and do not
apply to other structures in the Use District.
With exception of the property across the street, all other parcels have been developed
within this neighborhood under current zoning ordinances. As stated previously, this parcel
is the last to be developed. The site depth, excessive pond size, and the current zoning do not
allow this parcel to be developed to it's full potential unless the requested variances are
approved.
3. Conditions applying to the structure or land are peculiar to the property and do not
apply to other structures in the Use District.
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The current zoning allows us to develop the project as proposed however, the narrowness of
the lot does not allow us to conform with the building setbacks, the excessive size of the
pond does not allow us to efficiently park the site, and the high water table does not allow us
to park underground. With the combination of these three items, the variances we are
requesting are pertinent and reasonable.
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4. The requested variances will not impair adequate supply of light and air to adjacent
properties, unreasonable increase in congestion on public streets, increase in danger of
fire, or endanger public safety.
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Jane Kansier
City of Prior Lake
Village Commerce Building
June 22, 2006
Page 5 of 6
With all of the variances, the design team is integrating measures to alleviate nuisances to
adjacent neighbors. The parking setback variance to the east is mitigated with excessive
landscaping and a berm. The parking and building setback to the west is adjacent to a public
street. The building and parking are separated from the street by a large grass boulevard and
sidewalk. The building is also within the height restrictions as per the City Ordinance.
5. The requested ~ariances will not impact the character and development of the
neighborhood, diminish property values, or impair health, safety, and comfort ofthe
surrounding area.
The Owner's of this building are very proud to present to the neighborhood and City, a Class
A office building. This project only serves to improve an already beautiful neighborhood
and provide citizens of the community with a place to work as well as provide financial
services.
The building shape, materials, and site are designed with neighboring buildings in mind. The
materials designed into the building are primarily brick, stone, and glass. We are
incorporating a minor amount of EIFS as building accents.
6. The requested variances will not be contrary to the intent of the Code and
Comprehensive Plan.
Our understanding of the intent of the setbacks are to protect adjacent property owners and
neighbors. The variances requested are in strict accordance with protecting the neighbors to
the east. The design team determined early on, that the eastern neighbor's privacy was of
utmost concern therefore, the setback variances requested impact the public street at the west
of the property the most.
7. The requested variances are necessary to alleviate a demonstrable undue hardhip.
If the requested variances are not approved, the site is undevelopable under existing zoning
aDd the approved Use District. Within the boundaries of the established setbacks, the site
simply cannot park itself, nor can we construct a marketable building. Ifthe water table was
lower, we may be able to park 20- 30 vehicles on the underground garage, but with the level
of the existing watertable, this option is infeasible.
8. The undue hardship results from application of provisions of this Code and does not
result from actions of the Owners of the property.
The hardships realized in developing this property are based solely on the current zoning and
use allowed on the site, the narrowness of the existing parcel, and the level of the existing
watertable. The building the Owner's are proposing is not unreasonable based upon the size
and current zoning of the property. The Owner's are not pushing the envelop of development
for this site.
.
Jane Kansier
City of Prior Lake
Village Commerce Building
June 22, 2006
Page 6 of6
9. The requested variances are not originated from excess construction cost or
economic hardship.
The building and parking lot does not cost more or less depending upon where we place it.
The sole purpose for requesting the variances is to allow us to develop the property knowing
that we have a challenging site and are making the best use of it, while being a good
neighbor to the community.
Jane, I would like to thank you for providing assistance to us during the pre-submittal timeline and encourage
you to call with any questions or comments you may have.
Sincerely,
cc: Kevin O'Brien- Greystone Construction
SINCE 1905
NEW MIIBI(fT
Member FDIC -8ANI
www.newmarketbank.com
June 21, 2006
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JUN 2 ~ 2006 ! I
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Jane Kansier, building official
City of Prior Lake
16200 Eagle Creek Ave, SE
Prior Lake, MN 55372
By
Our bank has recently participated in conversations with a developer to lease space in a
building to be constructed near the comer of Franklin Trail and Hwy 13. Or intent would
be to operate a full service branch of our bank in the leased space.
The office will offer a wide range of banking products with an emphasis on "one on one"
personalized service built on long lasting relationships. Our past experience with this
customer base suggests that although we need a 2 lane drive up facility, (so as not to
inconvenience people if one lane is being used) we would not anticipate the likelihood of
much "stacking", since most of the drive up transactions are spread throughout the day by
a relatively smaller base compared to larger, more volume oriented banks, typical of the
metropolitan area market.
For this reason I would request that you consider using a "stack" of no more than 3 cars
since I believe the likelihood of having more that two cars in each lane at the same time is
very slight. I appreciate your understanding of our needs, and would be happy to answer
any questions I can to help in your assessment of our situation.
Sincer~
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Rob Mittelstaedt,
Branch President
P.O. Box 69, 461 Main Street, New Market, MN 55054
11276 210th Street W., Lakeville, MN 55044
20151 Icenic Trail, Lakeville, MN 55044
20856 Holyoke Avenue, Lakeville, MN 55044
Memorandum
DATE: July 12, 2006
TO: Danette Moore, Planning Coordinator
FROM: Larry Poppler, Assistant City Engineer
CC: Steve Albrecht, Public Works Director/City
Engineer
RE: Village Commerce Building (City Project #06-146)
The Engineering Department has reviewed the site plan received June 22, 2006 for the
subject project and we have the following comments:
General
1. The developer shall obtain all regulatory agency permits and approvals.
2. Show the City project # 06-146 on all plan sheets.
3. Provide benchmark on all plan sheets.
4. Full size plan sheets shall be 22" x 34".
5. After construction, an as-built record plan shall be submitted. The as-built plan
shall follow the requirements of Section 9 of the Public Works Design Manual
prior to issuance of the certificate of occupancy.
6. Show address information for site and adjacent parcels. Existing topography
and contours should extend 200' beyond the project site.
7. Provide legend showing all Iinetypes and hatches used. It may be helpful to
hatch proposed concrete walk. Linetypes used should follow the City's CADD
standard (show storm sewer with 2 arrows and sanitary sewer with 1).
8. Provide details for gate valves, CB/storm manholes, sanitary manholes,
commercial entrances, curb and gutter, typical sections, silt sack inlet protection,
and etc. City standard commercial detail should be used for entrances.
Gradina and Erosion Control
1. Provide contact information for the person responsible for the erosion control on
the project.
2. Provide impervious area calculations.
3. Grades within parking lot should be between 2%-5% except as required for ADA
accessible area, please revise where grades are below 2%.
4. Show construction limits on the plan.
L:\06 FILES\06 SUBDIVISIONS\PREM & FINALWillage Cvuuuerce Building\Eng Review 1
062906.DOC
5. Add note stating that all silt fence must be installed by the contractor and
inspected by the City prior to any site work. Proposed silt fence should be
located around entire construction site.
6. Label tip out gutters on the plan.
7. Provide door and roof scupper locations on the civil plans.
Utilities
1. Minimum size for proposed structures with weir walls should be 6'.
2. Provide pipe bedding detail for HDPE pipe.
3. Storm sewer pipes connected to the City's system and within the right-of-way
should be a minimum of 15" and shall be RCP.
4. Provide notes for the watermain bends, tees, and etc.
5. Provide sanitary manhole at the property line/easement line in commercial areas
where service connection to the City system is made. Notes regarding
connection should be shown on the plan along with the stub inverts.
6. Show irrigation service on the plans.
7. Provide separate water line for domestic and fire service. Show the PIV on the
plan and shutoff valve for the fire service line. Domestic service line should have
a curb stop and must be connected prior to the PIV. Curb stop and shutoff valve
must be located within the right-of-way or easement.
8. Provide note stating that all gate valves and curb stops have riser rod
extensions.
9. Place note on the plans that the contractor shall contact the Engineering
department to coordinate inspections for utility installation.
Streets
1. Show and label pedestrian ramps on the plan.
2. Provide additional spot elevations for handicapped parking stalls to ensure they
meet ADA requirements.
3. Construction plan should show additional information including curb radii, curb
types, spot elevations, sawcuts, match point elevations, curb removal, removals,
salvaging and etc.
Hvdroloa~
1. Volume control will be required to the standards of the PLSLWD and a permit will
be required through the District as well.
2. Many opportunities exist for more efficient use of land for stormwater
infrastructure. Incorporate changes to the storm sewer system as discussed at
the meeting on July 6th, 2006.
L:\06 FILES\06 SUBDIVISIONS\PREM & FINALWillage Commerce Building\Eng Review 1
062906.DOC 2
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006.
YES
NO
Haugen
Dornbush
Erickson
LeMair
Millar
Haugen
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
L:\06 FILES\06 SUBDIVISIONS\PREM & FINAL\Village Commerce Building\plaUesolution.DOC