HomeMy WebLinkAbout05(J) - Resolution Approving a Combined Preliminary and Final Plat and Development Agreement for Hoff Addition Report
ITEM: 5J
CITY COUNCIL AGENDA REPORT
MEETING DATE: February 10, 2026
PREPARED BY: Jake Skluzacek, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Resolution Approving a Combined Preliminary and Final Plat and
Development Agreement for Hoff Addition
RECOMMENDED ACTION:
Motion and second approving a resolution approving a combined preliminary and final plat and
development agreement for Hoff Addition.
BACKGROUND:
Lisa Burnham on behalf of property owner, Kathleen A. Hoff, has applied for approval of a
Combined Preliminary and Final Plat to be known as Hoff Addition. The applicant is proposing to
subdivide their existing approximate 1.03-acre parcel into two parcels. The subject property is
located north of Hope St. SE, west of Mitchell Circle SE and east of Ridgemont Ave. SE.
The property, which totals approximately 44,895 sq. ft., is currently occupied by an existing single-
family home that fronts on Ridgemont Avenue and two small accessory structures. The applicant
is proposing to create an approximate 20,354 sq. ft. parcel around the existing home on
Ridgemont Ave. (Lot 1), an approximate 20,354 sq. ft. vacant parcel along Mitchell Circle SE for
future single family residential development (Lot 2), dedicate 16.5 ft. of right-of-way on Ridgemont
Ave. and dedicate 25 ft. of right-of-way on Mitchell Circle SE.
When the existing house was constructed, two separate utility services were provided from the
east along Mitchell Circle SE with the expectation that another home would eventually be built on
the property. The existing home’s sanitary sewer and water services run parallel with the northern
property line. The applicant is proposing to dedicate a private utility easement over the northern
30 ft. of Lot 2 in favor of Lot 1.
Subsection 9-34 of City Code allows for the combination of a preliminary and final plat in one
action due to the simplicity of the proposed subdivision provided:
The resulting subdivision contains no more than 5 lots.
The resulting subdivision will contain two lots.
The proposed subdivision is located in an area where streets and utilities are in place and
capable of serving the subdivision.
Streets and utilities are available and capable of serving the subdivision.
The proposed subdivision does not require the dedication or construction of future streets and
will not interfere with the development of adjacent properties.
The proposed subdivision will dedicate the necessary right-of-way on Ridgemont Avenue
and Mitchell Circle SE and does not require construction of streets and will not interfere with
development of adjacent property.
The resulting lots shall conform with all provisions of the Zoning Code unless a variance has
been granted.
The resulting lots will both conform with all provisions of the Zoning Code and variances will
not be necessary.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5J
Page | 2
Current Circumstances
The following paragraphs outline the physical characteristics of the existing site, the
comprehensive plan and zoning designations, and a description of some of the specifics of the
site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site area is 1.03 acres which is proposed to be subdivided into two
approximate 0.47 acre lots and the dedication of necessary public right-of-way.
Wetlands: There are no wetlands on the site.
Impervious Surface Coverage: The proposed lot with the existing house is approximately
20,354 sq. ft. The property is located within the Shoreland District, which allows for a maximum
of 30% impervious surface coverage. The maximum impervious coverage for Lot 1 and Lot 2 will
be 6,106 sq. ft. Following the lot split, the existing house lot (Lot 1) will have approximately 4,907
sq. ft. of impervious coverage, or roughly 24%.
Access: Access to Lot 1 is available from Ridgemont Ave SE to the west and access to Lot 2 is
available from Mitchell Circle SE to the east.
2040 Comprehensive Plan Designation: This property is designated for low density residential
on the 2040 Comprehensive Plan Land Use Map.
Zoning: The subject property is currently zoned R-1, low density residential. The subject property
conforms with the Comprehensive Land Use Plan Map guidance.
Parks / Trails: No park or trails are proposed.
Fees and Assessments: This development will be subject to the standard development
agreement. Related trunk utility service charges have been satisfied with a previous subdivision.
The property will be subject to an additional parkland dedication fee.
Sanitary Sewer / Water Mains: Utilities are available and appropriately sized to serve this area.
A northern private utility easement in favor of the existing home will be required in addition to the
standard public drainage and utility easements which are shown on the plat.
Grading / Storm water: No changes to grading or stormwater are proposed as part of this action.
Stormwater requirements and grading plans will be reviewed by City staff as part of a future
building permit review process.
Existing Accessory Structures: The existing detached accessory structure is proposed to be
owned by the purchaser of the newly created lot. The location of this accessory structure will
become nonconforming once the necessary easements are dedicated. Therefore, this accessory
structure shall be required to be moved to an approved location in conformance with City Code
setback requirements.
Conclusion
The planning commission held a public hearing to consider this request on 2/2/26 and voted 5-0
to recommend city council approval of the combined preliminary and final plat. City staff
recommends approval of the resolution approving the combined preliminary and final plat and
development agreement for Hoff Addition subject to the comments listed in the 1/20/26
Community Development / Public Works Memorandum. The action proposed by the property
Item 5J
Page | 3
owner has been anticipated as the next required step prior to sale or further development of the
property.
FINANCIAL IMPACT:
The proposed combined preliminary and final plat is a replat of previously platted property. As
such, the attached development agreement does not include an acreage trunk fee for sanitary
sewer, water or stormwater charges as they would have been collected previously. The attached
development agreement does include payment in lieu of parkland dedication charge of one unit
to account for the newly created developable residential parcel.
No financial impact is anticipated as a result of this action.
ALTERNATIVES:
1. Motion and a second, as part of the consent agenda, approving a resolution approving the
combined preliminary and final plat and development agreement for Hoff Addition,
conditioned upon addressing all comments listed in the 1/20/26 Community Development
/ Public Works Memorandum.
2. Remove this item from the consent agenda for additional discussion.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Final Plat
4. Community Development / Public Works Memorandum dated 1/20/26
5. Development Agreement
6. Resolution Approving Hoff Addition Final Plat and Development Agreement
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 26-___
A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT AND
DEVELOPMENT AGREEMENT FOR HOFF ADDITION
Motion By: Second By:
WHEREAS, Lisa Burnham on behalf of property owner, Kathleen A. Hoff (the “Developer”)
has requested approval of a Combined Preliminary and Final Plat to be known
as Hoff Addition for a parcel legally described as:
The North 101 feet of Tract C, Registered Land Survey No. 13, Registrar of
Titles, Scott County, Minnesota. (PID 250540030); and
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on February 2,
2026, to consider the request for Combined Preliminary and Final Plat for Hoff
Addition; and
WHEREAS, notice of the public hearing on said Combined Preliminary and Final Plat was
duly published and mailed in accordance with the applicable Prior Lake
Ordinances; and
WHEREAS, the Planning Commission heard all persons interested in the Combined
Preliminary and Final Plat at the public hearing, and the Commission
recommended the City Council approve the Combined Preliminary and Final Plat
for Hoff Addition on a 5-0 vote subject to certain conditions; and
WHEREAS, the City Council considered the Planning Commission’s recommendation and
Developers request for approval of a Combined Preliminary and Final Plat for
Hoff Addition on February 10, 2026, and found it met the requirements of
Subsections 9-34, 9-66 and 9-67 of the Prior Lake Subdivision Code; and
WHEREAS, the City Council approved the Combined Preliminary and Final Plat and
Development Agreement for Hoff Addition on February 10, 2026.
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 City Council approves the Final Plat of Hoff Addition subject to the following
conditions:
a) The Developer shall obtain the required permits from other state or local agencies prior
to any work on the site.
b) The Developer shall revise the plans in accordance with the requirements contained
in the Community Development / Public Works Departments memorandum dated
January 20, 2026.
1
c) The Developer shall record the Final Plat and Development Agreement within ninety
(90) days after approval of this plat.
th
PASSED AND ADOPTED THIS 10 DAY OF FEBRUARY 2026.
VOTE Briggs Braid Churchill Lake Hellier
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
___________________________
Jason Wedel, City Manager
2
R:
9
5
2
.
7
8
R:
9
5
4
.
2
5
R:950.17
GV
W
EX
I
S
T
I
N
G
HO
U
S
E
PO
R
C
H
PO
R
C
H
DE
C
K
SI
D
E
W
A
L
K
EXISTING
HOUSE
SHED
RI
D
G
E
M
O
N
T
A
V
E
EXISTING
HOUSE
EXISTING
HOUSE
EXISTING
HOUSE
EXISTING
HOUSE
19
.
2
1
15
.
0
1
14
.
7
1
EXISTING BITUMINOUS DRIVEWAY
HOPE STREET
EXISTING
HOUSE
CURB STOP
CURB STO
P
SHED
94
8
9
5
0
950
952
954
956
9
5
6
95
4
9
5
2
9
5
0
9
4
8
9
4
6
9
4
4
9
4
2
9
4
8
9
4
6
9
4
4
9
4
2
9
4
0
9
4
0
9
3
8
9
3
6
9
3
4
9
3
2
9
3
8
9
3
6
9
3
4
93
0
92
8
BOEGEMAN KURTIS J
15585 RIDGEMONT AVENUE SE
PRIOR LAKE, MN 55372
MEYERS WAYNE A. & HERBERTA M.
5040 HOPE ST. SE
PRIOR LAKE, MN 55372
CLAUSON CARLA ANN
5060 HOPE ST. SE
PRIOR LAKE, MN 55372
NELSON AMY
5076 HOPE ST. SE
PRIOR LAKE, MN 55372
FUGERE-BURMEISTER JORDYN
& BURMEISTER CONNOR
15540 MITCHELL CIRCLE SE.
PRIOR LAKE, MN 55372
JUST RODNEY
5100 CONDONS STREET SE
PRIOR LAKE, MN 55372
LARKIN KATIE
15543 RIDGEMONT AVENUE SE
PRIOR LAKE, MN 55372
MI
T
C
H
E
L
L
P
O
N
D
H
O
M
E
O
W
N
E
R
S
15
6
9
7
M
I
T
C
H
E
L
L
C
I
R
C
L
E
S
E
PR
I
O
R
L
A
K
E
M
N
,
5
5
3
7
2
P
R
I
O
R
L
A
K
E
C
I
T
Y
O
F
&
C
I
T
Y
M
A
N
A
G
E
R
4
6
4
6
D
A
K
O
T
A
S
T
R
E
E
T
S
E
P
R
I
O
R
L
A
K
E
M
N
,
5
5
3
7
2
PR
I
O
R
L
A
K
E
C
I
T
Y
O
F
&
C
I
T
Y
M
A
N
A
G
E
R
46
4
6
D
A
K
O
T
A
S
T
R
E
E
T
S
E
PR
I
O
R
L
A
K
E
M
N
,
5
5
3
7
2
68.70
101.70
FD IP
FD IP
#42309
FD IP
FD IP
#6508
FD IP
FD IP
FD IP
#10183S89°55'58"E 444.82
N89°55'58"W 444.82
N0
0
°
3
6
'
1
6
"
E
1
0
0
.
9
3
S0
0
°
3
6
'
1
6
"
W
1
0
0
.
9
3
30
30
10
10
5 5
DRAINAGE &
UTILITY EASEMENT10
10
5
10
10
5 5
LOT 1
LOT 2
S0
°
3
6
'
1
6
"
W
10
0
.
9
3
N0
°
3
6
'
1
6
"
E
10
0
.
9
3
S0
°
3
6
'
1
6
"
W
10
0
.
9
3
201.6616.50 201.66 25.00
25.00201.66201.6616.50
5
#15585
#5040
#5076
25
41EASEMENT
20
20
10
1
MI
T
C
H
E
L
L
CI
R
C
L
E
S
E
APPROXIMATE SANITARY SEWER SERVICE
APPROXIMATE WATER SERVICE
REV.
SHEETCHECKEDDESIGNED
DATEDRAWN
SCALE
JOB NO.
DATE____________ REG. NO._________
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED LAND SURVEYOR
UNDER THE LAWS OF THE STATE OF MINNESOTA.LISA BURNHAM
NEED ADDRESS
XXX
JPM
AS SHOWN
19003.10
XXX
XXX
PRIOR LAKE MINNESOTA
PRELIMINARY PLAT
HOFF ADDITION
1
DRAFT
BUILDING SETBACKS:
FRONT=25 FEET
SIDE=10 FEET
REAR=30 FEET
FD IP
FD IP
#42309
FD IP
FD IP
#6508
FD IP
FD IP
#10183
30
N89°55'58"W 444.82
N0
0
°
3
6
'
1
6
"
E
1
0
0
.
9
3
S89°55'58"E 444.82
S0
0
°
3
6
'
1
6
"
W
1
0
0
.
9
3
1 2
30
S0
°
3
6
'
1
6
"
W
10
0
.
9
3
S0
°
3
6
'
1
6
"
W
10
0
.
9
3
N0
°
3
6
'
1
6
"
E
10
0
.
9
3
16.50 201.66 201.66
201.66 201.6616.50 25.00
25.00
DRAINAGE &
UTILITY EASEMENT
RI
D
G
E
M
O
N
T
A
V
E
N
U
E
CO
N
D
O
N
S
S
T
R
E
E
T
S
.
E
.
N89°55'58"W
16.50
N0
°
3
6
'
1
6
"
E
34
7
.
7
5
1
TH
E
W
E
S
T
L
I
N
E
O
F
TH
E
S
O
U
T
H
W
E
S
T
QU
A
R
T
E
R
25
41
EASEMENT
10
20
20
WEST QUARTER CORNER OF
SECTION 36, TOWNSHIP 114,
RANGE 22
BEING 5 FEET IN WIDTH AND ADJOINING SIDE
LOT LINES,UNLESS OTHERWISE INDICATED,
AND 10 FEET IN WIDTH AND ADJOINING
STREET RIGHT-OF-WAY LINES AND REAR LOT
LINES, UNLESS OTHERWISE INDICATED.
DRAINAGE AND UTILITY EASEMENTS
DENOTES 1/2" IRON MONUMENT FOUND,
UNLESS OTHERWISE SHOWN.
DENOTES 1/2" BY 14" IRON MONUMENT
SET MARKED BY LICENSE NUMBER 19086,
UNLESS OTHERWISE SHOWN.
ARE SHOWN THUS
THE WEST LINE OF THE SW 1/4 OF
SECTION 9 HAS AN ASSUMED BEARING
OF N 0°36'16" E.
5
5
10 10
[Phone] 952-447-9800 | [Fax] 952-447-4245 | cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
Memorandum
To: Russell P. Damlo, Probe Engineering Company, Inc.
From: Jake Skluzacek, Planner
Luke Schwarz, Assistant City Engineer
Date: January 20, 2026
Re: Hoff Addition Review Memo
We have reviewed the Existing Condition, Preliminary Plat and Final Plat for Revere Addition prepared by
Probe Engineering Company, Inc. received on 1/6/26. The following comments were received:
General
1. Standard drainage and utility easements of 5’ shall be dedicated to the Public along the south and
north property lines. side lot lines. Standard drainage and utility easements of 10’ shall be
dedicated to the Public along the east and west property lines.
2. A private drainage and utility easement over the north 30’ of Lot 2 in favor of Lot 1 shall be
dedicated prior to the issuance of any permits for work on the property.
3. The existing shed located in the proposed easement area on Lot 2 shall be removed or relocated
in conformance with Prior Lake City Code setback requirements prior to issuance of any permits
for work on the property.
4. Right of way on Ridgemont Avenue (16.5’) and Condons Street (25’) shall be dedicated to the
Public on the final plat.
DEVELOPMENT AGREEMENT
Hoff Addition
PROJECT #PDEV26-000001
This Development Agreement (“Agreement”) is entered into this ____ day of ________, 2026, by
and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Lisa Burnham on behalf
of property owner, Kathleen A. Hoff (“Developer”).
WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of
Scott, legally described on Exhibit A (“Property”) being platted as set forth in Exhibit A (“Final Plat”);
WHEREAS, Developer has applied to the City for Combined Preliminary Plat and Final Plat
approval of the Property;
NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 26-_____
(“Resolution”) for Combined Preliminary Plat and Final Plat approval of the Property, Developer agrees
to construct, develop and maintain the Property as follows:
1. RIGHT TO PROCEED. The City shall not issue a building permit and Developer shall
not construct upon the Property in any manner, or begin the Development Work until all of the following
conditions have been satisfied: 1) the Final Plat and this Agreement have been fully executed by all parties
Page 1
and recorded in the office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary
Security, deposits, fees and insurance have been received by the City, and 3) the City Engineer or his/her
designee has issued a letter that all conditions have been satisfied and that the Developer may proceed.
2. PHASED DEVELOPMENT. This Agreement represents approval only of Hoff Addition
and the related improvements set forth on the Final Plat and Plans. It does not represent approval of any
additional development including any future phases. Fees and charges collected by the City in connection
with infrastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Final Plat that are designated in an approved preliminary Plat for future subdivision into
lots and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks. Intentionally Omitted
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans identified below, subject
to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this
Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein.
If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply.
The Plans are:
Plan A - Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by
Probe Engineering Company, Inc.) subject to the changes and modifications set forth
in the Resolution.
B. In addition, Developer shall grade, construct upon, and improve the Property pursuant to
all requirements of this Agreement, the Resolution, the Prior Lake City Code, the City's Public Works
Design Manual (“PWDM”), and the direction of City Manager or his/her designee. All improvements and
other work required by the Plans and such other work as is required by this Agreement, the Resolution,
Ordinance, or the documents or parties identified above are hereafter referred to as the "Development
Work."
Page 2
4. FINAL PLAT AND AS-BUILTS. The Developer shall submit the Final Plat in electronic
format. The electronic format shall be compatible with the City's current software.
5. MONUMENTS. Before the Security is released, Developer shall install iron monuments in
accordance with Minn. Stat. §505.021. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property.
7. EROSION CONTROL.
A. Developer shall be responsible for constructing and maintaining all grading, storm
water/drainage infrastructure, and erosion control in compliance with the Plans, the City Engineer or
his/her designee’s requirements, and the individual building/grading plan for each specific lot, until a
certificate of occupancy has been issued for each specific lot.
B. Developer shall install silt fence prior to lot construction to avoid erosion to adjoining
properties, public sidewalk or the public street; locate all garbage roll offs and dumpsters, or cause the
same to be located, on the Property and not on public property; and install protection at catch basins to
prevent silt and debris from entering the storm sewer.
C. Developer shall seed or lay cultured sod in all boulevards and restore all other areas disturbed
by the Development Work within thirty (30) days of the completion of street related improvements.
Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP.
No building permits will be issued until the Developer has installed silt-fence behind the curb of all
buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request
of the City Engineer or his/her designee, the Developer shall remove the silt fences after turf establishment.
Page 3
D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented
by the Developer and inspected and approved by the City Engineer or his/her designee. The City Engineer
or his/her designee may require the Developer, at no cost to the City, to install additional erosion control
measures if they are necessary to meet erosion control objectives. All areas disturbed shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
E. No development or utility construction on the Property will be allowed unless the Property
is in full compliance with the erosion control requirements for the Property.
8. CONSTRUCTION ACCESS. Construction traffic access is restricted to Ridgemont Ave SE
and Mitchell Cir SE. No construction traffic is permitted on other adjacent local streets.
9. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. A temporary or permanent certificate of occupancy shall not be issued for any building on the
Property until water and sewer services are connected to the Property.
B. Notwithstanding any other provision of this Agreement, the City will issue a building permit
upon Developer’s compliance with the following requirements: (1) approval of the building plans by the
Building Official; and (2) approval of a site survey by the City Community Development Director.
10. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS.
A. With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents
and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has
marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated
Property. Prior to Final Plat approval, Developer shall provide to the City a current title insurance policy
insuring such a condition of title; (ii) that Developer has not used, employed, deposited, stored, disposed
of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
Page 4
hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to
42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any
other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any
Hazardous Substances; and (iv) that to the best of its knowledge, Developer states that no previous owner,
operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on
the Property any hazardous substances.
B. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs, that
the City incurs because of the breach of any of the above representations or warranties and/or resulting
from or due to the release or threatened release of Hazardous Substances which were, or are claimed or
alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or
allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
11. LEGAL FEES. Developer shall be responsible for all reasonable legal fees incurred by
the City relating to revisions and amendments to and enforcement of this Agreement. The City Engineer
or his/her designee may invoice the Developer directly for such costs and Developer shall pay all such
invoices within ten (10) days of receipt.
12. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set
forth in the City Fee Schedule related to the Combined Preliminary and Final Plat application prior to any
work occurring on the Property. Fees and charges are nonrefundable. Such fees and charges may include
but are not limited to the following:
A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on
construction cost estimates to reimburse the City for costs incurred.
Page 5
B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park
dedication fees for the Property as required by City Code in effect as of the date of the plat approval.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Chip Seal Fee. Intentionally Omitted
13. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance
of all platted lots on the Property, including but not limited to mowing and weed control, sidewalk clearing
(ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and
other maintenance issues for which the Developer receives notice from the City Manager or his/her
designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time
as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each
specific lot is sold.
14. CLEAN UP AND DAMAGE:
A. Developer assumes full financial responsibility for any damage which may occur to public
property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result
of the activity which takes place during the development of the Property. Developer further agrees to pay
all costs required to repair the streets, utility systems and other public property damaged or cluttered with
debris when occurring as a direct or indirect result of the construction that takes place on the Property.
B. Developer shall clean the streets every day or as required by the City Engineer or his/her
designee.
C. Developer agrees that any damage to public property occurring as a result of construction
Page 6
activity on the Property shall be repaired immediately if deemed to be an emergency by the City Engineer
or his/her designee. Developer further agrees that any damage to public property as a result of construction
activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City
Engineer or his/her designee.
15. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by
Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the
Property. Any work related to roads, trails, drainage, and utility improvements, which are specified herein
to occur on land outside the Property, shall occur exclusively within the appropriate easement boundaries
for such work. In no event shall any work performed by Developer or Developer’s contractors and
subcontractors interfere with other properties, right-of-ways, or easements.
16. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property during construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give five (5) business days’
notice of such violation in order to allow a cure of such violation, provided however, City need not issue
a building or occupancy permit for construction or occupancy on the Property while such a violation is
continuing, unless waived by the City Engineer or his/her designee. The existence of a violation of City
Code or the failure to perform or fulfill an obligation required by this Agreement shall be reasonably
determined by the City Manager or his/her designee.
17. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents from and
against any and all claims, demands, lawsuits, complaints, loss, costs (including reasonable attorneys’
fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or
Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released
from its responsibilities to release, defend and indemnify because of any inspection, review or approval
Page 7
by City.
18. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein, Developer shall
pay all costs incurred by it or the City in conjunction with the development of the Property, including, but
not limited to, legal, planning, engineering, design, development, construction, clean up, repair, easement
and land acquisition, and inspection expenses incurred in connection with (i) review, approval, denial, and
implementation of zoning, CUP, platting, site and building plan, and any other reviews, approvals, or
denials by the City and any other reviewing authority; (ii) the Developer Installed Public Improvements;
(iii) the Property; (iv) the preparation and review of the Agreement and other documents referred to in the
Agreement or related to the Development Work; and (v) enforcing the terms of this Agreement. Developer
shall pay in full all bills submitted to it by the City, in accordance with this Agreement, within 30 days
after receipt.
19. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Agreement, “Event of Default” shall include, but not be
limited to, any one or more of the following events: (1) failure by the Developer to pay in a timely manner,
all fees, charges, taxes, claims and liabilities, including but not limited to all real estate property taxes, utility
charges, and assessments with respect to the Property; (2) failure by the Developer to construct the Developer
installed improvements on the Property pursuant to the terms, conditions and limitations of this Agreement;
(3) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its
part to be observed or performed under this Agreement; (4) transfer of any interest in the Property without
prior written approval by the City Council (for the purpose of this paragraph, the sale of a lot or “unit”, except
an outlot, to a builder is not an event of default); (5) failure to correct any warranty deficiencies; (6) failure
by the Developer to reimburse the City for any costs incurred by the City or to pay when due the payments
required to be paid or secured in connection with this Agreement; (7) failure by the Developer to renew the
Security at least thirty (30) days prior to its expiration date; (8) receipt by the City from the Developer’s
Page 8
insurer of a notice of pending termination of insurance; (9) failure to maintain a current insurance certificate
on file with the City meeting City requirements; (10) failure to maintain the required insurance, bonds or
Security; (11) a breach of any provision of this Agreement; (12) if any representation made by Developer in
this Agreement, is inaccurate, either when made or at a later date; (13) failure by Developer to pay its debts
as they become due, the voluntary or involuntary filing of a petition in bankruptcy, an assignment by
Developer for the benefit of its creditors, or the appointment of a receiver for (a) Developer; (b) all or any
substantial portion of Developer’s assets; (c) the Property; or (14) if Developer is in default under any
mortgage or other pledge, guaranty or security agreement.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, through the
City Manager, City Engineer, City Community Development Director, City Attorney or any of their
designees, may take any one or more of the following actions:
1. The City may suspend its performance under this Agreement.
2. The City may draw upon or bring action upon any or all of the securities provided to
the City pursuant to any of the terms of this Agreement.
3. The City may take whatever action, including legal or administrative action, which
may be necessary or desirable to the City to collect any payments due under this Agreement or to enforce
performance and/or observance of any obligation, agreement or covenant of Developer under this Agreement.
4. The City may suspend issuance of building permits and/or certificates of occupancy
on any of the lots, including those lots sold to third parties.
5. The City may suspend the release of any escrowed dollars.
6. The City may use deposit or escrow dollars or other security to satisfy any outstanding
financial obligations to the City including but not limited to all real estate property taxes, utility charges, and
assessments with respect to the Property;
Page 9
7. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the Property and cure the default, including but not limited to, completion of the Development Work.
When the City does any such work all costs incurred by the City in performing such work shall be recoverable
by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its
other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the
Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments
under Minnesota Statutes Section 429.081.
C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of
Default not less than five (5) business days prior to City’s curing the default or exercising a remedy, or such
other period of time as the City, in its sole discretion, deems reasonable under the circumstances. The City
will not exercise its remedies so long as the Developer, within the five (5) business day period commences to
cure the Event of Default and diligently pursues to completion such cure of the Event of Default stated in the
Notice. If, in the City’s judgment, an Event of Default results in a threat to the public health, safety or welfare,
the City may act to correct the default without notice.
D. Election of Remedies. No remedy conferred in this Agreement is intended to be exclusive
and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more
remedies shall not constitute a waiver of any other remedy. The City may, but is not obligated to, exercise
any of the remedies referred to in this paragraph.
20. NOTICES.
A. Required notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by United States mail at the following address:
thth
PL 170 Street, LLC, 8345 W. 267 Street, Farmington, MN 55024. Notices to the City shall be in writing
Page 10
and shall be either hand delivered to the City Manager, or mailed to the City by United States mail in care of
the City Manager at the following address: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, Minnesota
55372. Concurrent with providing notice to the City, notice(s) shall be served upon the City Attorney at the
following address: Campbell Knutson, P.A., Attn: David Kendall, Grand Oak Office Center I, 860 Blue
Gentian Road, Suite 290, Eagan, MN 55121.
B. Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above
specified, 10 days prior to the effective date of such change.
C. Notice related to an Event of Default shall include the following: (1) the nature of the breach
of the term or condition that requires compliance by the Developer, or the Event of Default that has occurred;
(2) what the Developer must do to cure the breach or remedy the Event of Default; and (3) the time the
developer has to cure the breach or remedy the Event of Default.
21. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers,
which arise out of, result from or relate to this Agreement or the Development Work. The responsibility to
indemnify and hold harmless the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
22. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have
no recourse against the City under this Agreement. The Developer agrees that any party allegedly injured or
aggrieved as a result of the City Council’s approval of the final Plat shall seek recourse against the Developer
or the Developer’s agents. In all such matters, including court actions, the Developer agrees that the
indemnification and hold harmless provisions set out in paragraph 29 shall apply to said actions. This
Page 11
Agreement is a contract agreement between the City and the Developer. No provision of this Agreement
inures to the benefit of any third person, including the public at large, so as to constitute any such person as a
third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to
any cause of action for any person not a party hereto.
23. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the Warranty Period, a policy
of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per
occurrence and $2,000,000.00 aggregate. The City, its elected and appointed officials, officers,
employees, planners, engineers, attorneys, and agents shall be named additional insureds on any such
policy. The insurance certificate shall provide that the City shall be given 30 days advance written notice
before any modification, amendment or cancellation of the insurance becomes effective.
24. FINAL PLAT AND DEVELOPMENT AGREEMENT. The final Plat and Agreement
shall be recorded with the Scott County Recorder or Registrar of Titles, as applicable within 90 days of
approval by the City Council. The final plat shall be considered void if not recorded within the 90 days
provided for herein unless a request for a time extension is submitted in writing and approved by the City
Council prior to the expiration of the 90-day period.
25. RECONSIDERATION OR RESCISSION. If Developer fails to proceed in accordance
with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its
successors, and assigns, shall not oppose the City’s reconsideration and rescission of all approvals issued
in connection with this Agreement, thus restoring the status of the Property before the Agreement and all
such approvals.
26. SIGNS. The Developer hereby waives any claim against the City for removal of signs
placed in the right-of-way in violation of the City Code or State Statutes. The City shall not be responsible
for any damage to, or loss of, signs removed.
Page 12
27. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat and the
Developer in performing all work under this Agreement shall comply with all county, metropolitan, state,
and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the
Plat or Developer is not in compliance, the City Engineer or his/her designee or the City Attorney may, at
his/her option, refuse to allow construction or Development Work on the Property until the Developer does
comply. Upon such demand, the Developer shall cease work until there is compliance.
B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the
City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals,
permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer
to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer.
C. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions
of this Agreement.
D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by
the parties and approved by resolution of the City Council.
E. Waiver. Failure of the City to require performance of any provision of this Agreement shall
not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the
City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify
the effectiveness of such provision.
F. Assignment. The Developer may not assign this Agreement without the prior written
approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire Property, or any part of it.
Page 13
G. Interpretation. This Agreement shall be interpreted in accordance with and governed by the
laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference
to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section
or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be
disregarded in constructing or interpreting any of its provisions.
H. Successors and Assigns. Provisions of this Agreement shall be binding upon and
enforceable against Developer’s successors and assigns including but not limited to all purchasers and
owners of all or any part of the Property and their successors and assigns.
I. Performance Standards. The Property shall be developed and operated in a manner
meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations.
J. No City Liability. Except for the intentional acts of the City or its employees and
contractors, no failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.
K. Estoppel. Upon request of the Developer, the City agrees to provide an estoppel stating
the status of the Developer’s obligations and the status of completion of improvements to be completed
by Developer in accordance with the Plans under the terms of this Agreement.
(Signatures Appear on Following Pages)
Page 14
CITY OF PRIOR LAKE
By: ________________________________
Kirt Briggs, Mayor
By: ________________________________
Jason Wedel, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2026, by
Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City of Prior Lake, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
_____________________________________
NOTARY PUBLIC
Page 15
Lisa Burnham on behalf of property owner,
Kathleen A. Hoff
By: ________________________________
________________________________
Its: _________________________________
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ____________, 2026, by
_____________________ as ____________________ for Lisa Burnham on behalf of property owner
Kathleen A. Hoff.
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 16
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Legal Description of Property
The North 101 feet of Tract C, Registered Land Survey No. 13, Registrar of Titles, Scott County,
Minnesota. (PID 250540030)
Page 17
EXHIBIT B
TO DEVELOPMENT AGREEMENT
Fee Table
Deposit/Escrow Amt Per Total
Construction Observation Deposit 8% of Public Improvements = $0.00
TOTAL Deposit/Escrow = $0
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $0
Park Dedication Fee $3,750 X 1 Unit = $3,750
Trunk Sanitary Sewer Acreage $5,166 X 0 Acres = $0
Trunk Water Acreage $4,209 X 0 Acres = $0
Trunk Storm Sewer Acreage $9,456 X 0 Acres = $0
Chip Seal Fee (Public Streets) $2.25 X 0 Sq. Yd. = $0
TOTAL Fee = $3,750
Security Total
Sanitary Sewer = $0
Water Main = $0
Storm Sewer = $0
Streets/Sidewalks/Trails = $0
Additional Items = $0
Subtotal (rounded) = $0
TOTAL (125% of subtotal) = $0
Page 18
EXHIBIT C
TO DEVELOPMENT AGREEMENT
Final Plat
Page 19
Page 20
Page 21