Loading...
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 www.cityofpriorlake.com ,PhoM952J44!G. 9679.~jFa}t952{440. 9678 ..,..,iiIiIi,,~ ;':Ili!,ij]~ i' ,i: I'lL.., .....'~'_Iilll:o_.._--...=.__ ...... .. ~' ~'.~-~~~ .,- "oil III 4. '"', ". 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. . :~'SiWRfp,r,iRr.'f1~~'SS?~J'~ Phone 952.440.9675 / Fax 952.440.9678 ...,i'."..' -..;; -----.. .. .....'-"ll' MliII "I"WIIlIJ,. ..., "i;M'N.!lfl. .,...'." '1Il' / _ocation \/lap Vi age Commerce Site ;I .. I' // ,,<0 / " ,,~ / ~~ / ~ ~ cOUNtY ROAD 39 ui > < _ ~SITE ~ II n II ~ I I I I I I I I I I I j ~ N + 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 L:\06 FILES\06 SUBDIVISIONS\PREM & FINALWillage Commerce BuiIding\village commerce final dev cont.DOC Page 1 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. 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page 2 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page 3 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 1:\06 files\06 subdivisions\prem & final\viJIage commerce building\viJIage commerce final dev cont.doc Page 4 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 1:\06 files\06 subdivisions\prem & final\viIlage commerce building\viIlage commerce final dev cont.doc Page 5 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page 6 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, 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page 7 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page 8 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page 9 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 $ 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page 10 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc Page II (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. 1:\06 fiJes\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc 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. 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc 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. 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc 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. 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc 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. 1:\06 files\06 subdivisions\prem & final\viIIage commerce building\viIIage commerce final dev cont.doc 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc 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 <( l- I CD >< UJ I I I I I I _J I I ~s I ~::: oS I (~ '( ~ - ~'j I c5 ~~ --1--. I / / / c; 'C c. ---- ----- "r JA A//( J IAI T""C\)~/L'.) (,-hrllYf\"L.11V "_ c s,... ~~ ~~ "; ~~ ". ~" ~; f.....:.j~ ':.: C) l~ " Sf CORNER Of THE W[ST 1/2 Of THE SE 1/4 Of SEC. 2. TW_ 114. ROC 22. .'--IJ24.U'" SlI11'J5'J2"E --- --- ~--- 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. ~ - :) () 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__. ------ ---- ----~ 7'"\/ -)I'lAr'l A'...... :;-Q I ~\C:_.//./, I ~li.Vr1L/ /vV. ::Iv,"" I UI.. N1Jr5f'54T I$D.DD .. ~' .,. , "'" '''U-''-"" UN( oJ ',...{I CO. RO. JfI (fRNrII(UN ( TIlAll) AS YOtUIEN1ED I ~ . ,. /" I': __>>- :: ~ ,.......DlIAINAa: foND VTIUTY- ..~'.~. ~ g" II '" ...: (A5Ql(NT ~~ = ;. / ( e 'J~;~! . 9 . If ~. : \ ... C 'I ....rL-------,' ~; :F. t ~ ~ ,\ I ~~ ,y~ ~!! 1= .. ,..- . . Ii ~ "./ :::: ,I i ~i:;?--IIflAlN~~TlUlY I ~5 i). I U 5! I ~ ;~ ~ ~ la "'c ~ I I- " I-r.m'~.. .., ~ "~I ~ L1:i , ~,' l! ~77 .... . -J' " ; "..- ,n1'<... , , I a g~.. ~ 0 ""'1' ~ 1<; 0.... ': ~ ,,~_-.J ~ r' € I '(' ac ~. b"'? r ll'" YJI ~.; ~ t./ :., I I / I 0 ,. J> ,I J>;' ,~{., .. 'J / / ....}-DRAlN...CE At.Ill UTLlTY E...SElolENT....... ~ / " 0, '\>1- / I / ';\ .,' ..1 , / . . 0 __ I / Lc--+L_~__~~~ / 116#"';2'"".." <j \) IHo.J ~.,; ...' / f' (b / v) Village Commerce Building, LLC By. __________________ __ its ~I ~ 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 ,-i-, r I ,.,:' I ".,:' I ,,'. ..'" ~ ,.' . :f--~+ -1 I <)\\ ',' 1.,:~f,4 I \. L _ -L ~ ~./ o OEHDTES 1/2 INCH BY 141NQt Ill:llN 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 ASSUoIED TO HA"'t. A 8[ARlNG or NQ..7'OJ"E .IV t ~ ~ ~. ~i ~!'- ,.... 40 0 40 L....- SCALE 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 80 I FEET -U Sunde Land Surveying, LLC. 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc 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 1:\06 files\06 subdivisions\prem & final\village commerce building\village commerce final dev cont.doc 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 --- ---- ---- "'r--) A ""('1 'A' ""'{;JA";::: (,-,L-V"'HV{\L.IIV 'f\r1IL." __-- ---------- ----~I'i"^II\/ OIlAn A//'""l....::Ci I ~'VL.l/VI I ::;/\vrtU /vV. ...~....,., I Ut_.. NV'"54'54"E 1!il100 -;.r-.,; __'" _- I 1,,71\'\ ; ",':~-.'nK ,'''' ..J '....Of co. Rtl. ,,(FRAHKLIt I I:: nAIL) AS YONUWENIDl d), , , 11:: ~ 1 ./.../~ I g;:;"""'~; ,/';r""""'g''=.,"''-'"'''''/ ~ ~~ = - / I e I ~; {' \ ' !i I J.. · , , " } "1:.rL------i' ~i 1ft ~:,~I' , ~.~ ',:. ~ hl~ I'..> -, J ~ i.!".,....""..... "" ,,>om ,-' -".- E"5OIEHT .._ _ J ','1 i I -II ~!: - i::~ " tG ," - ~., la". ~ 1 ~ ~ -J ~ .: J.."....,nn.... () I Iil ~ 8~ ""., ~ 0 h I :-<.:. "h I~ () ~~ I 1: ~:" ,J o,J ~ :: ~ ~..l~"') r ~~ I t~,; ~~ j" "\ ~)./ ~: ""I m), I ~ J I ! ,>' / ~ / ~ l'~l\ '. 'J / / / ....?-ORAlNAc:E ANtI lJTllIT'!' EASElol[NT---... I i / \, 0, \,::,:t / /, / \ '. , . 0 "" 1 l / / \ \, ".' (, I' L __ _ _ + L _'~ _ _ -<>-.--j / .... NM-z:J',o." V v INo.1 f / r ltJ l / ~-~" :;N ~! ~~ ;; ~~ ~5 r~ ~~ E~ ,/"., Q:: C) i< ~ 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 I ~ ~ ffi~ ~~ ~. HIt r I ,,\":~I ,,~'':~I .. ~.' . n--+I--1 Z I <}\\./ 1~~~:/4 I \. L _ -L -L -.J/ \ t 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 LlliJjQ ~~ g:,x '" ~~ '" " " r' ~~ eo ''" *~SS i~ '" ,';c ~E '" w "' 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 ~~~ "''' O"",ot.. Bo..ld... Iu. OenotnCrobapplltr.. g:~::: ~:~I';.i~:.t<.. Oenot..Colorada Gt..nSpruc. tr.. ( VICINITY MAP '\ SEC. 2, TWP. 114, RGE. 22 '---T---' ~ I >,',:1 1 I:' \ I ',' I .' ',':oS I "~,, I I r---+i---i I . :~. I I I ' I"'~ ,I '! ", I ,',"" I "- L__~--L_.L_:; '""" 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 '" " n i n n " V, V V V OfINEIl,SNlollHIO..Ao.llOI~ r- r~ a ~. u ,- ,- Hll~U5'W) _- -- ------ (7 E- " " r c; (1 r '"-' j g '<) ~___-L__ ~ _ ..... f I '~ . ~ ~ I ; () iJ: I i () C) I I I I ! ----::-:--T---=- ~~ I ~~ I I I I I ---- ---------l--- (~ROA.~~, NO. ~)__~_____---- ------~RWi<LJN -~-r=--, -_--a-c _'tip,'JO ' l ' ". ,. '~'S2';".(' ',k,,_ - ------'~' :_.:..~. __ . " 'I!~'\' a " ~~ - I ~~1. I". '~., ./, I. __,r)J' J. J.....!iJ.v:) '~!lJ ---~"l m ll~ ~. : -.. "., L - ,- '" "''''''' I .~. ....'...: llJ. t q\, ;'j ~ , "I ~ \j;. t~j. ------:c-'~- H......... '. " . ....J ,,:',.1 I 'j.':Y'l I ;~~ 0, I o " . i ~ J i XC (- (~ >" ....'J -" ,," C) ~> \.) C) i...... ..l''::' .: " <) C~ () .'(~ 'C [t:: ". i"J::: 'C 11~ :! 8Ulld~~~I' 501..1 ~~a';, ~ ':\ ~ 10.) Q.uisao.I[; l,lik.K.lller RIg. 14042~ SundlEngineerint.PLlC IOBJON.lbittA...nu.South 8100mlnlllon, loiN 55431 ~~ .. ~, l!l5 i:. ~ ~;.. . ~ C) 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 " ". .~""~. '[!"@tE''IT' \TI ~ 1\ 1I1~1 9. '!. 10m; ,I . ' ---' """"'" vma<;j' Commercl BuHdlng, LlC 1409J~"'ClA._u.NE :=.~~~2~~4~:~~6 By -" 'C .: C) ,," .--=..;... ---- --- ------ 'I, ,- C) >" :) () v) It: iJ:: l1_ ~~ >- C) JV t " , --- 50'" my -" l:) v) >" >" 'C ....IJ I..IJ >- ,- C~ C) C~ C~ <' C) 'C '- 'C >" 'C 'C (;) v} C) , ) ""J '-'J ,) C~ >" v) <' (' ~ '/ -'- J'f/EUMARY1f.A;;"'~-'~-'-'l ' w.A~COMAERCE~ ~\ 00,.. Ihl~ ' I. Sunde I~---" _~"~~~ll' 1=:.....1.~ f '-",=,=__=- 1_ ,,,11 / ~-"--If------- 1,~tJ i{ u ~ ~~~~ 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 ".. ~ ~ ~ re ~, 0" _OIl'NK'><G "o.;"1"AI~ EL-ECT-EL-ECTIlLC(AL) fL -[LEYA";"',"" " 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 _"",$01-<.::> FL.DOR E~.\I"T,ON ""~ .'NC:~~OE D _'''S,;;;EO'''''''ETE;l _PClo-oER?O..E _Q~"ll:I<T T'~E ,." _..aTElI....EA,EI< ...1> _......,Ell:I>I/.OOFi"-l;; "'I< _......Hll:'lES'$...NT _$TO!<'"10I<A'N $,RX7_STR~CT~ll:A~ _$T"''''F'lv ('CA~) -,....'Oo;NE5$ O>__OP"'CS"E"A":: 00 _aJTS,::E D'''METEIi: -""OTI", ..'DE ,~ ,~ PROJECT INFO, SITE LOCATIOr-; GENERAL :\OTES A:"'~ "ECESS...RT ANDIOII. ll:!Q".ll:EO ,ESTS, 'N$PECT,O"S Sl-'O'" ORA...It<G li:EY'f"S ",N;) ;)ll:A"",C;; ,..TEIliPll:E-7....,'OhS. !;!fQu'll:EO BT ,...E GENf!;!A~ C""D'T'O'S, !>><A~~ BE ElCECU-fD BT '" Ri::"Go'STERE:;l ARC..'TECT ANO/O'"! BT'" REGo'STEREO E"C;;L"EER. 'F NCT, ''''E "'!;!C"'ITEC~ OF ll!~D A~DI OR ~..E E~"'''IEEll! OF ~~~':">(~~;~~~ll!,-~f(.E;E~~~~~ESS ;~ ;:;:EC~~':R~TEC "'''ID/OR: E'.:Go'NEEll: S"'AL~ Bi::"CDt'E ~ESPON$'B,-E FOR ~.+OSE '>l!;"'EC":"Loo.S, OEC-S'ONS ANDIOR OOC:..,..E....- ,,..TEll!PII.E"-A"-,QtoiS ~~~; "':T;~;T !;!E~A n TO T"'E CON7!;!ACT DOC"....fN'S A>.lO . A~:'" CONST,,"UCT''''' &l-'A~~ "'ffT A~~ ...P"':...,C"'BLE CODES "'NO ....OST $--:-,,'~C;;i::">l-'- 5HA~'- A"P~T . :;l,MENS'ONS Go'VE~ FOll. M..."""'RT OJ>; ~~~~~~E;~~~~,s~~~~S, ..!;!E """"A:'" . ;::~~:;l..o~~iU~E~~";; CF ::;R......'S<O!; . O',",,,"S'O"'I FOR S"':""O ..A'-~S ...seE TO FACE OF S, -'0 "'NO ;::."'E"'S,O~S FOR: MASCNll:T ~~~';:~O ~~~E...T:'SEFAa OF BL...CCX .""~ESS DRA WI~G INDEX COVE" ......EE' 5'-"..Vi::"T/",,,,,,~''''''''A..T P,..A-'- ~"A::'NC;;, ::;II.A_"<AGE. ~"':'-,7'" ",,,:0 EROS OJ'< COS~ll!O:'" ..:........ ..CTE5 A"O OErA ~S ARC...:TECT;..RAL S,T€ "~AN SITE ::::>E-A'~S ~"'''DSCAPf P'-A" ~3.~ T'l.Ei::" PlI.ESEIilVATi"" "~AI'l ~~ ,-;':;;..7,,,,. PI..AN F,..ST "'ND SECOND :"'E\lE'- FLOOR p~""s A~ G E~E\lA~'Ot>i$ A3' EL...E\lA-'",,",S r~[€@!]Dm[€r. n< II JJ JUN 2 '}, :JCS l' ?'1-- ~ mn TUSHIE MONTGOMERY ARCHITECTS )6~~ ..,...0....[ AvE""," sew,..., "100 ~AI'C:"S. ,"1'l'lES01A ~~"2.l.~ct. 6'2 ~:.wt6~~NlC:"';"EC6,'~ ~~. %J2 ~ <t: U f-< ~ 0 TJ) ~ [iI ~0 Z ~Z z 0.......... ~ Ur::::l .-::I [iI ~.......... ~ 0~ <t: -<r::P=1 ..l .-::I 0:: .-::I 0 0:: ::> p., PRi _For: VILLAGE COIlIlERCE B U I L DIN G , LLC -- -- D'c"~ 8y Checke<lBy TL. ~MT P'<l,.etAfch,tecl "'oJect N~m~e' :20&oe5A R.v;s;o~s .. Adde~d,,"'s OT.,.. SuBMiT-:- Al J"",e 22, ::100i LLAc.;E COMMERCE BUILD,,,,'1 r COVER S~EE~ r CS ..- .~~~n~ ,~.g3';~ l,i:9Q~":lllt ;~~~5~~ ~l<~~~~~ ~~~~f~~ "~8"~~ ;r m~ ~~ ia2 ~I i~ i ~ 9 "':'l 6 g~ ~~ ~ '" :'\;1 ~ ~ ~ " " " ~~ ~tjJ' R~a T ~~ ~"i ;~": N ~2 ~~~ ~~~ i' ~~ \i1~~ ~~~ ~ I~ ~I~ ~~r III ~~ ~~ ~!a S e~ ~~ ~~j ~0 ~~ ~~ ~~_l ~" 5.~ r Q '..( -,"; H iil . ~e \:lSj .~~ ~~ :~ ~~ ~~ ~l!: 1".'f. 03 ~q~~.Sr~~15~~ ., "6';;("'-'(_lilf;~i~ .o_.~ ~- ':E~ . - - ~ --.-'" . ~ i IF '" ! '- '- ~ f, .1 (=) ~lJ) ,~ :111 ~ U qi ;> Z / ~ ~ ~ \ -" $L z ~b en (JH.: ffl 70 AJ UfT' tQ~ ;U"-.l nO --\?'= ~~ -rJ t\ ~ ~"o AJ =:fn :3-\ 1 l> -t --t;, ~ [j~~ to c::Z --1 lJ>fTl )> nl/tl Z (J)J> o 1- " 0 It! "T\ OJ o lIe co n~ rTlz lJ> IT' - U) OJ '0 l> z ^ lJ> ~c ~ b ~ ~.- ---------: ~ " ~ " 1-- -II--=r-~~~.-J __c---- ~ ), __..._ ~_"'H~'_"..;..;n'""- -7,r"'~'~ >~;.'Ja;, ,.i", ' -.-..-. .,_n 0_ ""'"~" ' ~~~ ! q i ~=-~ ! ~ <> c.-, -11 II! Ir 11 i i-I 11111~ .", o 'f:t---- ---dJ" ' - ~4 ,'., :,(d I, ~,~ '..",j--- - ., dl I ~> I 2<;00'," ,,'4 ~ " i' ','-"'..J,''':':., ". y , ~ ,: 01 I .! ~.. "~r;(/r I %.~~~ '; ~.Ljl:1 ~t I ~ fiJi--, ,j)' 'I Ii! ' 'I,,~, 't ~~, ~~ ~'I ' U 22.O'..j 1 _ =@~ _ , I ,-- ~I,l 'f ""~ ~~, ~~ 'I, Ii ~I .~~ -~, I ' , ". "z II . >~ ~ ~~ ~waa' ~.,: , i 'I ";!./~;;,>flE;fJ, I I, 4)1", 11, '" ", '" ',- ''', n ('1, ~, ! lm~ . I" 'i:l t i I :> III I ~ I I, I. I I' Z I II II .... '111'~ g I t-< \, i" I', t-< . "I tz::l -"f~" ", iii', ..., ~ U l+l :> iJ~I\~ <: ~f:{ II "~t~ I ~ ' I c:\ I ..... 'IIJ , ,-) I I " J, ; ~~ /' i( )' I I :,',: ~-~~---'- 'i it 1" I IE I I. I' I ~ _..,__I~~P'__,- l6E 'a~ ^~NnOJ) ---..-.------.--.---- -_.-- ---- -..----------..-.--.---. -- --- -- 1:rV~~ NI'DI NV~.!l ~ ~ ~ ::{I _ II:: t"""' J l:"'"" Ie: r- ~ "'",> - C> z'" n'" C> '" "g >~.... 1 ;:.~[ ~~ci ft ~ .> -Cl'" ~i?,~ ~o.... Oi:)' "'~~ "o,g nOl_ ~:~.;' o-J~ :::1fg tnlo(rn VILLAGE COMMERCE BUILDING e- e- n PRIOR LAKE, MINNESOTA G ~ (JI j \ rc j ~ F l :- ,l :z o G~ -( o z c ( III 7 -[ l0 o Z "-~._-rt-~~~;'i ~ hf ~~----1 "11 -l -\ r l _ T\ II r "il ~ :L~_~ li.\-1', I I t ~ t ~' j, :< n I.~ m ---w--I t]I'" ~ i;;11" ~qll',\ L-~ '1 I Ii _ ,- "1',,";' \ Q 'F; ) \ ii' z I !1\r\ 9 9 ~~ u: '" '" ~t; , -, n! @ ~ (0 t,[ ~ III 0~ ~( ,0 Z C -, n\ Z -[ l0 o / -, "' i~~~~~~~~~i~~~ I ;~~~q~igu~;;:;~~ ~~2;;1-i~CJ~~i!~;F~ !~:ij~~~~i:~~~~ R~~m~~E~:~~~~~ ~~~e~~\;~~~:;~;~ ~~!~~~;~~~~~~ r~~;~~~~~~~~~ ~~~-u~;R~~~~~~ ~~? ~~~~~~tiE~ ~ ~ ~l!:~~~ ~-o~ 1~~~Ci9~~ ~ ~ ~; ~! ii\~~ j ~ ~. li~t I!!~, '- ' ~rn"!lla I. '!!!! "~: }"- ~ ".:::;; ~: ;:.' -- : i;.~' i~ w I~ I" " B p: <l> oZ ~o ~n l> -U AJ l> ::l 1] o [11 I l> lJ1 G . -j) :~ ~I " " n [- III [j) (] nl -1 l> ,- ~~~ S.~ <'" liilj ai.?l F ;i' !H-1111 ~:9.11\' i8~ ~r; ,~!m I' \ ~il "~; \f. n,~ ;';':,y$ ,.,'( ,; i ; a~ ~ ~ 'I " --~~ :dJ- ~ , i L_ , j.-':Ji 'i g " ~ii I~ f:~,; , Lj,;r',-~,~-,"" , . ' :~~~~l ~ . ~,.~_ u - ~~, ." ~I. ~ ~" J "I l' I " ! ~,! ;~ ~ ~ i~~ .. ' .,~ '" '; !~' 'l'. , '~iit !.Ij~ i~~' ,.. . " )', ~ .. ~"; ~ ",P - , ;':';' ~ ~~I ; :~.- ~-". ~ ,r'-- .,'~' '" e~ 10'~'~t,:;.:~ ~ ~ i ~~': ~ t. /,' .. ,pm !,l , ~ l>r>1 Ii ! . ~ :, ~! ~ as ~~ 'I " ~.. ~i'll , i' B (0 c III --( o C- z 1 l> [JJ " rn [, c::: III IJl CJ III -1 UD~ tJ "' j >- p ~ ~ ~ ___ ___-f.. ..." 1m ~ .~ ~ ~ = .' ~ en L;:ui ~ " >3 l==----=-J, ~ ~ ~ l ~ \' "-) 1 ~~ '~9 .. " r, . \>~ "- n " 9 " ~~ ~ ~ ~ ~II t"" s:: t"" ~ 0",> - c-> Z~t%] c-> ' "" ~ o o In "-1 J 0 ~ -u '" lfl Gl 7 oc ~I f" ~/ 0'.1)' -r----- ,- ,!,'~O. ---- -t ;n~ , : 11" fl~ 0) Uri 'I~ (ii9 ~ ~ ,!liJ;i elL _ h'1N d ~i c: z: :1,P,I='11T~-,r\Hl!'J III' ~~~ ~ S-J f~'_I_ ~l:-' ~'! L~__ I I "' [~II=- 11:-1 '" l"',c,I'I:J11 ~. Un ":..-1 '" U mGf,]" -,... ' J> ;"~1 :.',.;t,!! if!~,mWHl'\' 10 ~;-I ~-, "rn"l~g ~:::~k.;~~r ~~ ..v:'., ^ I!lll i!;l~lii il~';F.ll::i,'H z ~~;~ ;~~~i~~~ ~~~;2~~~~~ei~~rt o i'l! g;.,i'" !i:l:l!;lill',!! ;., "'F-\\' ,,-I' ";",,,, (j) i:~~ (t~e:.~~f- jl;~~~~t~<lZ~'9ti~~~ - "" ""Ii" ~'I'" .'"'.., ~ 0, 1"""1,1 >'if"-J'\ !,,!,,';!IR;~,r' Z ' " 'co,, " _I' ,..C,"F' - ~~~~j' I~J:.i!i 1;';!H!l'!l'l i "we~~ :,ljl,r,i;ili!! ~n ,p!:! ;!l'r', i.t (0 ~ 'oj ti ~ / () I j- r~Q;'II',\~ ( . ~~;.~~ ~~~~~ III 7 \ III tIl lfl Gl 7 G 1 .~Q 5 = \<'!!) ~~ JIG ~rn ~, r l> z rn lfl Gl z G 9(j) "u ~rn r L_ "l> ,- ^ U m -I J> ,- VILLAGE COMMERCE BUILDING ~l, >0::.... ~ :;r ~oc: .~0g nz 1'!~;J:"""'j~ o .. -Cl 5~~~ ~~ = ..<c nlTl_ t.".' ....1Il ~~g tno(m PRIOR LAKE. MINNESOTA j 8 ~ ~J~~~ ~Nla1In8 "'~ ~~:: ~" ~ ~~. r:T J 'T r:T W W 0 J r:T D '-l 11 I ^ ~ : ~ @ z ~ R ." L1 a C1 C1 J V Ii ::Il....J ::J ~ 5 E ru-~~ lo.~::I!_ B ---:> jl ~]~~ ' It:::;; L?~ c iUn F RAN ~!--!_~_!R.~_I Lj,,' ~ (EOUNTY RD. 39) v, i !. ..... ... (~;T---E~~)(:'"7-1 , ( I (~ il < ~,~ !f'ff,\ ~ ~ '1 ~~~ !-!t -~u 3~~8 i ~~~~ i.;;~ (/)tj-~r~ r-X '~'5~.~ Zu 1~'. _ ::JOORl .~.l I ' ...:::l< ~h V.LOS3NNIW'3)!V'1 I~ " <10I<1d ~ . ~ ~ . " I. <.I) I , . \IOll"'~ 'i "lO11"'~ E NOll'o''7 I g . g O....3<!1dS .l.t<")I:,11 <!i.3dIW:J --'_..~~--_.~._.- ~~ ;g _ __. j;.:;Ln . . . ....-- . . . . . - ~ .-..- ---- I / <[ .1 n II It [I !! ill JlJ II Ii , , , ' l , i Il'!~H. " '1;1 I'j' 1! - llhn j~i~~ -;---;~'--- -;;-:--- ~ ~ ~.~ 1'1; ~ ~ ~'. 3: ffi~ : g ,!!~ : l i~;1 ,.1 !.' :~:, .. ,j ~ n ~ III ! i ~ i ~ ~ I:. iY I i ! Ji ~ ~ ~ ril ;:J Z ril ) >- ; < E-o ril ...:l \ ...:l '0 () ..... Z ) ~ 0::: < P.. =1 ~~ ~ ~ ~) ~~'t~ere t ~ n 1. T --i. g J ~ ~z ~'-. I j'! v<{ rn 1\ ~<i' _J I 'J z I JLLi z <$ r~ ~~ Ii.. u. -,' !~ j ~~ I" ~~ ~e~ I~;~~_~-;' .~ ?: ?: ?: ~ ~ /. /. ;;; ;;; ;;;; ~ ~ ~ ~ \ \ 1 . . ~ ~ ~ o /. /. ;;; ;;; o ~ z <t .J (L ltJ n <t \J~ <J)g Cl' z:. <[' -'~ o j , ~~~ !.~~~ ~~~ ~~:~ 11 ~:I:o... ,,:~ lJ~ ,n U]E-<:I: ~J~~ ~~~ ~~;: ...::s<ih VLOS3NNlW'3)iV, '" ~~~ 3~V11Ii\ i<~Q li~ ~ ~ ~ FRANKLIN TRAIL (C-OUN!-Y -R-ri .--39) ----<..~-_._~~---~._.--~-_._-~--._~~....~. -~- TC /.____~~--.,__~-.__ ~NIQ1In8 3JH3WWOJ ao lad' u ~ --' ~ ~ " . "," ; ~ ~ ~ 2 g ,,~ : ~ ,~ ~e " , \~ :: .:....6 ;~ ~~ ~""g ~: "~ ~~~~ ~i ~~ ~~~~ ~~ ~~ ~~~~ ~~ WW . ~~~~ ~~ ~~ ~"18 1~27 1 ":., ~ \ {>,,} ,^, \ {:l '''" .pc. ~~ l~TC5 ~~~~~i ~ ;- ~ <( ~.~ ~;- ,- 6~ E ~ I"!H; ,n 0 U, a. " .~, !- 1 _0 I ~( I r.=----~--=-;;-~-=-=~ IQ I> rc j1' I \ I "I \ .0 ,i;r! ~I c ~ v 60)( I ' .o:g,l ~) I I ff'M , ,I .0 I II I! I: I i. wv 1 )1 i : c / II 1)1 !:;K5 , .0 { I ~'" '-'-~~~-1A , I . ,~ ! tb=, ", r'o ,'MPC ~~ ~ f~ '''IO@X \ ""~ I , ~,,) I ~" W ::J Z W > <( E-oi ril .0 ~ ~ o C) ...... Z I ::.::: 0:: <( .0 0.. C=--=J; o --~=~ C::::::; -)) 1(- ~_ II ~ ~)- ~'M . ~:,~ _Jj L--=__ __~____~~ Q) (::;,.. ~ (" f '::::r O~'ASOI1'51"C~ ~~ I c: .,~ r .-. ~ z I . 0 ILl l= I ~ w4z IJ.l 10><( , 0'01_, ~ - S 1- ~n I ~ ~ i [ j " L>.~~ l 'i~~-" ~ LD C=::J ~ ::::==J -::--\ ~; ~ @ ~ i:r=J -, l i ~-~ cO'\ z <$ ~ ;;; ;;; ;;; ~ :1 ;.--; %' %~ %' %~ ;;; ~ ~ ~ Z <( , Ii L C' ~ f-. <( "- ?i &. \.J.I ~ <f lJ (Y, %' n ~ ;.--;~ %~ lJj' \11'- %~ (lI~ %8 1- ~ ~ cp ~ ~e i 01 I1J)4UJ f~i 0:1-0 ".;~~ i ~:;~ :::~ 0(-0 ."O~.t CIl!-,:,:[! ........J. ...,' Zu ?0~. . :>00<: .g.: I ....::>:< gh V.LOS3NNIW'3)1V, HOP:ld :l ....l '" ~~~ <"'", l....J::! ~ l:~; . \1> u t::o I ,g ~. ~ ~ ..' .::: .::: ~ ,g ;. ,g ,;; .::: - ~ ~_ _-""---....." ~ ...... _......__...L ;; ...._ _..........._.., .;;. -------- --"""- ... J; ~~ ~ C\J lJ Cl. Z (~ [~J 2: C\J C\J Y Y () c5 -1 ~ J '- '-~ () 0 <- <- () [L < ~; b~ ~~" \_-~---~ ~'-:!i ~ -~J ~ "'" ~~: ~ C~> ~ ~~=--~ i, i J ~ I 'I 1j: jU I:; ,1- , I" r: I" ~!j I~-i 1- -:LZ "<l '1 e ~;c( I I I~ I ~ . Ii Ii. L- L Z :::J --, 1JNIG1I08 3JH3WWOJ 3~V11I^ {:;, ~ :1l : ,. :1\ I " " " ;.. ... ~ ~, "" .., ,::! .::: ;. 1 ~ f ~ ~I, t1 : : : : ~ : e :'~ ~ ~ ~ ~~~-~ ~ ~ ~ ,., ~, .::: ;. .;; ;: ~.~ q: ;:;..., ~-~--~~t - ~ ~ ~ ~: /. ~:; ~ y' ~: :~ ~. /- '/ / };. ;; ~/ ~ ~y = ~ ~~.l' - " :. -~ I~ ~- ;, .< :-~--y- ... " ~ 1,nllT1,,1, I 'ii I" III1 : I I illlll!H I;ji,!!!r, W :;:!::~;~~\; \;,'I'flll,l;', . 1'1 I~~~w_.."~~~~ ~~ ll~ !!l m~ ii, ,I I I. 4m!,,"'i':'!' l.l i .1.1. ~;l~,::,~ n, ~-]! I;~ . ., . .. t . ~. . : ' 1{~~di!~3'i! ~ ~ c c ~ ~ ~ ~ 1 ! '! ~ ; :: ~ :::: ~ " . ~ ~ ~ ~ ~ 3 ~ ! !H ~ ~ '! ~ , "__0____.._. u__.__________ ~ ,.;; ~ ~ ~ ~ ~ ~ ~ ~ : ~ t f ~ ~ f =l ~ : =l : i ~ ~ : : ~ ~. ~ ~ ~ ~ ~ ~ ~ (.j! ~::I ~ , _ ~ ,. '~_...... _I ,. n _ _" . I....., 'lc =='L,JCt "ilD'cEd"~n,'''J'J'J'.~,"'L.,.II"rL' _[- 7- ., : ~ " ~ ~ ~ - I: p ,.;; ~ $~ i .' i ~' r" "'I 0)' ~ I iOl' i "1\ ~l ~~i /1-11: " " ; i :! _~.Jl/"lLJ I l:riU p ;; .P .;; ~ -f:' ~. jr[~ .:=: ... ... .;; p ~--~: ~ ." J' < JI> '" "~-nF ~ --~- ~ - ~i;h-i HI! ~J ~l~j' :[1 ;1 ;I;T~~ ; j~/r~\ ~ _, ~ - J_..L ..bL~=J1 ~ .. ~ ~>HIl ?~i -:~ ;,~~8 ::;!'" :.," I ~:tO'" <"," tIlO-~r~ 1-= ~:>:fl~ :;,ZOU ~i~= . ..: ., I ...::!< "!. V.LOS3NNIW '3:>IVl <IOI<Id ~NIQ1In8 8JH8WWOJ 8~\f11I^ - ~~~~~ <Ii ~_~~_;_,_ z ,. '" " 9 o " <t I " U I _".. <! . . M ~ ~~~i~ ~ UPS <t ,- , ,- s . ~ (~) , ~-I\,-J n-- ~:~._-~ ./ --- (~) ~~ ~~ ~O, (~) r Ii 'III I 1- ,~~,C . -~=~-.=--=~ (,) ~ II_ - I. ii I ",Iii Iii ~ i ' ~'I ~~ J '11 ii i! ~? C~) II'~ I ,~ If Ii Iii · ~~ hif'7~,-(i I tu~~_l 'Ii ~'~~8~\~~}~J~- r -,' ~'_ml !~~S I II III ~c~: 6 ' .: i:n ,- - lj' (~) ll~~!~~ '= _c.~L=-~_ _'r!i,~ il="C J', - r='1~ d~--' ~--'"~'LAn ~~ .. ~~- (-0.) G>) G) 0) u -' -' "'", ~~z '" - .,,"'0 l.....l ::s .....l 1:~; , II> u '" T ~ u:J c.":) E=:' IJ C=:--' =" ~ "'" @ 3 ~ Ii Ir~~, ,i! ------'._,-~ -, I t: ~ ~ o 8 ~- ~ <{ ~~ ~N_ ~~ T' o \1 ~ 3 ~ . UJ " ~ ~~[ --- s ~~8 <t: I l~, 1 tn,~ 'i" Ii LL ~ L " Ji ~ ~ s~ :~~dH z 11 -:l;--~,---;--~ :!l <i- ~ ~ I ~ ~.~ ~I " '\ ) u ~ <t U <t UJ rL <t ~ ~ ~ , . ~ 'I H ~ . (~\ \...s:/ I --'-.-.==~--"+cl - ~-r. ---~~-' " ["., , " , ! ~, , I f :11 ! ill~ -r--n ---00----1 i;-'-====.lllllt,'Ji i i'l I II' L 1 i Illcfffimlll'IIHI! -'1 i I~ " il ~~ f;: ~ 0) II ii il'l I " (<<) ~ ~~ ~iil" ~~ r ii c;:V ,I 'I Ii ~ ~ Ii tA~l . ~ I--~~~ I -~j r f ~ 1~1~~. ..\f~lL~A)J i~: 8! I lU.J (~ G til~ o z <l J (L {lI () C) .J Ie .J UJ > W .1 ? ~~G IY~ lL~ 8 G G ~)-lcn !:!~i OII"';b ....~U ~~.,u ::lJ", 0," I ~:l:O'" :1,,;' rntJ.... ~r~ ....X ~!j;~! Zu ?~'. , ;:J O'~~H 011."" ...::lJ< ,I. V.LOS3NNIW '3)IV'l CIOICId 8NIQ1Ifl8 3JH3WWOJ 38\f11IA I~ f ~ J..~~ ~ "' " :~~ <"'c l.-.. ::s ~ 1:;';;; . II:> U j;Q I / C \ <( > ll; -', Lll:' \ ~ <!.,' lL'''l d o j ~~t'~~ ~ ~- a ~~ ~~- >" 61 ~, " 6, -r---'-v ~ I ~ \fl . " O'Z 'D! 99 0 ~ ~~ (1) ~ ~~ <{ I ~ I III i I..2c L...........- L---.- ~~-- 'I '-0 = E~~] ~ . ,- ".,. ~~1 CN (~~ S :UUl --") l~ / () \ <( > \.11 ,.I lU '1 " \' " CY ,: 0, z~ 8 j~ ~~ ~1!,iI r-~'I h= un;"1 jH.',t I!',- 1- ~1: i~~__.L__, .11 Ii L I I,; !I~~n r~ · ~ r:1 -j-- 'It lo: .J. '----=~i ~~ , c:-\--, ~i~ i~ \ ',',' :1) ~ if '~ J f ~~ ~ ~ " V.LOS3NNIW '3>lV'l HOIHd ~ I ~~~ :.!~~ I ~:i~ ~~ci~ Of- ~~:~ ll- <, I Ul....::r:: ~~:ll! ::JZU ~~:; O~ ':}~;o ....~<1l. 8NI01Ifl8 "'~~ 3JH3WWOJ 38\f11IA l:~~ }= ~;; , I :> u P=I ~ -' ~~&~~ :. ~- ~ 4 ~~ ioN. ,ril:: t~ ,.,.,. o 0 U ; 1~ < ~ ' d - ~ ~ I , < ~ ,,~ i ~l~8~" fJ~~~ ~ j , J ~ ~ -*" I' . Iii! I i..ld~~,-',',,~'," "~""--~'TII'-~'..r-l,' .. -- I~m_.~ 1 " 'Ii IL" [. ._._~'m_ ,il , .:- _m' J I L::-" e'mm,L,em=l._--c t. ~,.~ ~~ ~ J~L. ~J ~~ t ~~ ~,~ ::~ ~ L Q I <t > llt uJ~ -, ~ ! r 'J ~ ill G"Z GO ~~ (f) Cl 1-> <'( oJ x,w I lL~'L. \~. ~ -ruul ~ 1 ';:::::., 0 "1.".,'\ ~_J ('-..J . \\ ',I i,1 \1 ~ ~_ ::"l I ;CD. e-> ~; Z -= :::J e:'J --, ~ L Cl I <t > UJ I llJ .[ 1- :., ~~ ~ \Jl~ G ~ ~ , , :J tn~ <to W~ o '~ J, " f ~ , :~ I~ I Ji Ji~. t f ij;' . T U S HIE MONTGOMERY ARCHITECTS . ----...-.-- . .. ~~---_.__.- Jane Kansier Planning Director City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, MN 55372 __f i I ( "I I ( ( > ! t ~ ( June 22, 2006 ~~@[~DW~ JUN 2 2 2006 By t ! ~ ( r t "I r 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. ~ ( . ~ f > . 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 " ~, i ~ f; . 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. Ij ~ I . 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. 11 .11 \:'1 ,1 "1 \' ,'I hi n 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. 1: 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. H ~a p " !! . 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 ~~@[~Dm[El - I JUN 2 ~ 2006 ! I .-/ 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~ 1/ \ I\~ ~--- 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