HomeMy WebLinkAbout05(E) - Resolution Approving Final Plat and Development Agreement for Vierling Ridge Second Addition
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
ITEM: 5E
MEETING DATE: November 10, 2026
PREPARED BY: Jake Skluzacek, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Resolution Approving Final Plat, Final Planned Unit Development Plan and
Development Agreement for Vierling Ridge Second Addition
RECOMMENDED ACTION:
Approval of a resolution approving a Final Plat, Final Planned Unit Development (PUD) Plan and
Development Agreement for a development to be known as Vierling Ridge Second Addition.
BACKGROUND:
The City Council approved a preliminary PUD plan for a development known as Marlow Ridge
and a preliminary plat known as Marlow Ridge Second Addition on June 23, 2026. The subdivision
name has since been changed by the developer to Vierling Ridge. On September 22, 2026, the
City Council approved a final plat known as for the first phase of development, which included 46
lots.
Current Circumstances
The developer, Pulte Homes, has submitted a final plat application for the second phase of
development, known as Vierling Ridge Second Addition. Vierling Ridge Second Addition consists
of 130 residential units; 30 twin home units, 46 townhome units and 54 single-family detached
lots. The final plat also includes five outlots and additional right-of-way for the extension of six
local streets which were identified on the initial PUD application.
Vierling Ridge Second Addition includes 29.718 acres total, with 27.308 acres being platted for
residential development and local streets and 2.41 acres being platted as five separate outlots.
The residential development west of Surrey Lane NE is designated for medium density residential
and the property east of Surrey Lane NE is designated for low density residential. The proposed
medium density and low density residential development areas are within the targeted unit per
acre density ranges as identified in city code.
City staff has prepared a Development Agreement identifying the developer's obligations
associated with the final plat, including required public improvements, development fees, financial
security, grading and erosion control, landscaping, dedications and easements, and other
conditions associated with development of the property. Exhibit B of the Development Agreement
identifies the standard development fees, escrows, and financial security associated with the
Vierling Ridge Second Addition development.
FINANCIAL IMPACT:
This development includes three different housing types which will contribute to and diversify the
city's tax base. The Developer is responsible for applicable development fees and required public
improvements as identified in the Development Agreement.
Item 5E
Page | 2
ALTERNATIVES:
1. Motion and a second, as part of the consent agenda, approving a resolution approving a
Final Plat, Final PUD Plan and Development Agreement for a development to be known
as Vierling Ridge Second Addition.
2. Remove this item from the consent agenda for discussion.
ATTACHMENTS:
1. Resolution
2. Final Plat
3. Development Plans
4. City Staff Memorandum – 10/26/2026
5. Development Agreement
4646 Dakota Street SE
RESOLUTION 26-___
A RESOLUTION APPROVING THE FINAL PLAT, FINAL PLANNED UNIT DEVELOPMENT
PLAN AND DEVELOPMENT AGREEMENT FOR VIERLING RIDGE SECOND ADDITION
WHEREAS,
“Developer”), has applied for approval of a Final Plat
Development (PUD) Plan and Development Agreement for a development to
be known as Vierling Ridge Second Addition, legally described as:
Outlots C and D, VIERLING RIDGE, according to the recorded plat thereof,
Scott County, Minnesota (PIDs 255890490 and 255890500); and
WHEREAS,
WHEREAS,
on June 23, 2026, the City Council adopted Ordinance No. 126-12, establishing
the Marlow Ridge Planned Unit Development Overlay District which identified
262 residential units and a mixture of low- and medium-residential development;
and
the subdivision name has been changed by the Developer since preliminary
WHEREAS,
the City Council considered the proposed Final Plat, Final PUD Plan and
Development Agreement for Vierling Ridge Second Addition on November 10,
2026 and found them to be in substantial compliance with the approved Vierling
Ridge [formerly Marlow Ridge] PUD plan.
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 and Development Agreement for Vierling Ridge
Second Addition subject to the following conditions:
a. The Developer shall obtain the required permits from other state or local agencies prior
to being applicable on the site.
b. Payment of all applicable fees shall be made prior to release of the Final Plat mylars.
c. Two mylar sets of the Final Plat with all required signatures shall be submitted.
d. The Final Plat, Development Agreement, and all other documents required to be
recorded in association with the Final Plat shall be filed with Scott County within 90 days
of Final Plat approval. Failure to record the required documents within the required period
shall render the Final Plat null and void.
e. The Developer shall execute the Vierling Ridge Second Addition Development
Agreement and provide all required financial security, escrows and fees prior to release
of the Final Plat for recording.
f. The Developer shall address outstanding comments in the staff memorandum dated
October 26, 2026 prior to issuance of a building permit.
Passed and Adopted this 10th day of November 2026.
VOTE ☐☐☐☐☐☐☐☐☐☐☐☐☐☐☐☐☐☐☐☐
______________________________
Jason Wedel, City Manager
PROJECT
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PROJECT TEAM DATA
QA/QC CHECK
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Project No.:
Drafted By:
Designed By:
Sheet of
Ben Palazzolo
BJP
JJR
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
Cover Sheet X
Vertical Erosion And Sediment Control Plan
Storm Sewer Plan & Profile
PLAN SUBMISSION/REVISION MATRIX
#SHEET DESCRIPTION
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DEVELOPER
Pulte Group
1650W. 82nd Street, Suite 300
Bloomington, MN 55341
Contact: Chad Onsgard
Email: chad.onsgard@pultegroup.com
CONSULTANT
Alliant Engineering, Inc.
Marquette Avenue South, Suite 700
Minneapolis, MN 55402
Phone: 612.758.3080
Fax: 612.758.3099
ENGINEER
Ben Palazzolo
License No. 61668
Email: bpalazzolo@alliant-inc.com
SURVEYOR
Dan Ekrem
License No. 57366
Email: dekrem@alliant-inc.com
LANDSCAPE ARCHITECT
Troy Muff
License No. 59799
Email: tmuff@alliant-inc.com
VICINITY MAP
Scale: 1"=4000'
Vierling Ridge Second Addition
Prior Lake, MN
CONTACT LIST
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2220189-00
Grading & Drainage Plan - Overview
Grading Details
Grading & Drainage Plan - View A - View D
Erosion & Sediment Control Plan - Overview
Erosion & Sediment Control Plan - View A - View D
Sanitary Sewer & Watermain Plan - Overview
Storm Sewer Plan - Overview
Landscaping Plan - Overview
Landscaping Plan - View A - View D
Landscaping Plan - Enlargements & Details
X
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Existing Conditions & Demo Plan - View A - View D9 - 12
Existing Conditions & Demo Plan - Overview8
Details2 - 7
13
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18
Site Plan - Overview
Site Plan - Notes
Site Plan - View A - View D
33 - 37
31 Erosion And Sediment Control Notes And Details
Intersection Details
39 - 45
46 - 47
48 Signage Plan
Sanitary Sewer & Watermain Plan & Profile
VIEW A
VIEW D
VIEW C VIEW B
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Ben Palazzolo
BJP
JJR
2220189-00
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
13 54
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SCALE IN FEET
60 120 240
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SITE PLAN DATA:
OUTLOT A 0.42 AC
OUTLOT B 0.38 AC
OUTLOT C 0.79 AC
OUTLOT D 0.59 AC
OUTLOT E 0.23 AC
SITE PLAN LOT DATA:
NOTES:
ALL TOWNHOMES:
MINIMUM BUILDING SEPARATION:20 FT
ALL:
FRONT YARD SETBACK: 20 FT
REAR YARD SETBACK: 25 FT *
SIDE YARD SETBACK: 7.5 FT (25 FT TO ROW) **
(SF AND TWINHOMES LOTS)
*30 FT REAR YARD SETBACK ADJACENT TO CARRIAGE HILL PKWY
LOT TYPE BREAKDOWN:
TOWNHOMES 46
TWINHOMES 30
MID 65' SINGLE FAMILY LOTS 33
BLOCK 1, LOTS 1-10
BLOCK 2, LOTS 8-22
BLOCK 3, LOTS 1-8
LARGE 75' SINGLE FAMILY LOTS 21
BLOCK 2, LOTS 11-24
BLOCK 2, LOTS 1-7
TOTAL UNITS 130
OUTLOT OWNER
A HOA / DEVELOPER
B HOA / DEVELOPER
C HOA / DEVELOPER
D HOA / DEVELOPER
E DEVELOPER
F DEVELOPER
SITE PLAN OUTLOT DATA:
SITE NOTES:
1. SEE SHEET 18 FOR TYPICAL LOT DETAILS AND TYPICAL ROAD SECTIONS.
2. SEE SHEET 48 FOR SIGNAGE PLAN AND DETAILS.
LEGEND:
EASEMENT LINE
BUILDING SETBACK
PROPERTY LINE
LOT LINE
ROW
RETAINING WALL
STREET SIGN
STREET LIGHT
WETLAND BUFFER (EXISTING)
WETLAND BUFFER BOUNDARY MONUMENT (EXISTING)
POND MAINTENANCE ACCESS (TURF, EXISTING)
SECOND ADDITION PHASE LIMITS
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BJP
JJR
2220189-00
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
14 54
14
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PROJECT TEAM DATA
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Ben Palazzolo
BJP
JJR
2220189-00
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
15 54
150
SCALE IN FEET
25 50 100
N
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PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
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DE
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C
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I
P
T
I
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Project No.:
Drafted By:
Designed By:
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Ben Palazzolo
BJP
JJR
2220189-00
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
16 54
160
SCALE IN FEET
25 50 100
NSTRIPING NOTES LEGEND:
1.CROSSWALK MARKINGS: SEE CITY OF PRIOR LAKE
DETAIL PLATE 619
NOTE: ALL STRIPING SHALL BE GROUND IN, PAINT TYPE
IS MULTI COMPONENT. ALL SYMBOLS AND CROSSWALKS
SHALL BE GROUND IN PAINT.
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PROJECT TEAM DATA
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DateBy
CERTIFICATION
Date License no.
DA
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BJP
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2220189-00
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
17 54
17
0
SCALE IN FEET
25 50 100
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Know what's below.
Call before you dig.
R Dial 811
FOR
R
E
V
I
E
W
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N
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Y
PRE
L
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N
A
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www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Ben Palazzolo
BJP
JJR
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
19 54
0
SCALE IN FEET
60 120 240
N
Ci
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2220189-00
19
GRADING NOTES:
1.ALL FINISHED GRADES SHALL SLOPE AWAY FROM
PROPOSED BUILDINGS AT MINIMUM GRADE OF 2.0%. ALL
SWALES SHALL HAVE A MINIMUM SLOPE OF 2.00%.
2.THE CONTRACTOR SHALL KEEP THE ADJACENT ROADWAYS
FREE OF DEBRIS AND PREVENT THE OFF-SITE TRACKING OF
SOIL IN ACCORDANCE WITH THE REQUIREMENTS OF THE
CITY AND WATERSHED.
3.NOTIFY GOPHER STATE ONE CALL, AT (800)252-1166, 48
HOURS PRIOR TO START OF CONSTRUCTION.
4.ALL IMPROVEMENTS TO CONFORM WITH CITY OF PRIOR
LAKE CONSTRUCTION STANDARDS SPECIFICATION, LATEST
EDITION.
5.CONTRACTOR SHALL COORDINATE ANY NECESSARY ROAD
CLOSURE OR RESTRICTIONS WITH CITY. NOTIFY THE CITY
AT LEAST 48 HOURS IN ADVANCE OF ANY AGREED UPON
TRAFFIC CONTROL AND PROVIDE A TRAFFIC CONTROL
PLAN.
6.ROCK CONSTRUCTION ENTRANCES SHALL BE PROVIDED AT
ALL CONSTRUCTION ACCESS POINTS.
7.REFER TO GEOTECHNICAL REPORT AND PROJECT MANUAL,
FOR SOIL CORRECTION REQUIREMENTS AND TESTING
REQUIREMENTS.
8.STRIP TOPSOIL PRIOR TO ANY CONSTRUCTION. REUSE
STOCKPILE ON SITE. STOCKPILE PERIMETERS MUST BE
PROTECTED WITH SILT FENCE.
9.PRIOR TO STARTING CONSTRUCTION, THE CONTRACTOR
SHALL BE RESPONSIBLE TO MAKE SURE THAT ALL
REQUIRED PERMITS AND APPROVALS HAVE BEEN
OBTAINED. NO CONSTRUCTION OR FABRICATION SHALL
BEGIN UNTIL THE CONTRACTOR HAS RECEIVED AND
THOROUGHLY REVIEWED ALL PLANS AND OTHER
DOCUMENTS APPROVED BY ALL OF THE PERMITTING
AUTHORITIES.
10.IMMEDIATELY FOLLOWING GRADING OF (3:1 OR GREATER)
SIDE SLOPES AND DRAINAGE SWALES, WOOD FIBER
BLANKET OR OTHER APPROVED SOIL STABILIZING METHOD
(APPROVED BY ENGINEER) SHALL BE APPLIED OVER
APPROVED SEED MIXTURE AND A MINIMUM OF 6" TOPSOIL
SHALL BE PLACED IN ALL PUBLIC/CITY ROW BOULEVARD
AND MASS GRADED PUBLIC/CITY OUTLOTS. 4" TOPSOIL
REQUIRED ELSEWHERE OR PER HOLD DOWN DETAILS.
11.THE GENERAL CONTRACTOR MUST DISCUSS DEWATERING
PLANS WITH ALL SUBCONTRACTORS TO VERIFY NPDES
REQUIREMENTS. IF DEWATERING IS REQUIRED DURING
CONSTRUCTION, CONTRACTOR SHOULD CONSULT WITH
EROSION CONTROL INSPECTOR AND ENGINEER TO
DETERMINE APPROPRIATE METHOD.
12.REFER TO STORMWATER POLLUTION PREVENTION PLAN
(SWPPP) FOR ALL EROSION AND SEDIMENT CONTROL
DEVICE LOCATION, DESCRIPTIONS, NOTES AND DETAILS
INCLUDING CONCRETE WASHOUT STATION INSTRUCTIONS.
13.LOW FLOOR ELEVATIONS AND LOW OPENING ELEVATIONS
ARE TO BE DESIGNED TO THE FOLLOWING STANDARDS:
LOW FLOOR ELEVATIONS SHALL BE AT LEAST:
• 3’ ABOVE OHW OR HIGHEST KNOWN (WHICHEVER IS
GREATER)
• 2’ ABOVE HWL
•1’ ABOVE EOF.
LOW OPENING ELEVATIONS SHALL BE AT LEAST:
• 1’ ABOVE EOF
FOR LANDLOCKED BASINS, LOW FLOOR ELEVATIONS SHALL BE
AT LEAST:
• 1’ ABOVE THE SURVEYED BASIN OVERFLOW ELEVATION
• WHERE AN OUTLET STRUCTURE IS PROPOSED BELOW THE
OVERFLOW ELEVATION, LOWEST FLOOR ELEVATIONS SHALL BE
AT LEAST 3’ ABOVE THE HIGH WATER LEVEL OF THE 100-YEAR,
10-DAY RUNOFF EVENT OR THE BACK-TO-BACK 100-YEAR, 24
HOUR RAINFALL EVENT (NRCS MSE3 RAINFALL DISTRIBUTION),
WHICHEVER IS HIGHER. AERIAL PHOTOS, VEGETATION, SOILS,
AND TOPOGRAPHY WILL BE USED TO DERIVE A “NORMAL”
STARTING WATER ELEVATION FOR THE BASIN.
14.SEE GRADING PROFILES SHEET FOR ADDITIONAL GRADING
DETAILS ON ALL ROADWAYS.
15.SEE POND PROFILE AND DETAIL SHEETS FOR ADDITIONAL
POND CROSS SECTIONS AND DESIGN DETAIL.
16.SEE TREE PRESERVATION PLAN SHEETS FOR TREE
REMOVAL AND TREE PRESERVATION DETAILS.
17.FOUNTAIN HILLS DRIVE TO BE CONSTRUCTED OVER
REMOVED WETLAND. CONTRACTOR TO EXCAVATE ANY
UNSUITABLE MATERIAL IN THE ROADWAY AND REPLACE
WITH SUITABLE SUBGRADE. UNSUITABLE MATERIAL TO BE
DISTRIBUTED OVER NON STRUCTURAL AREAS ON SITE.
RETAINING WALL NOTES:
1.ALL RETAINING WALLS SHALL BE ROUGH GRADED AT A 2:1 SLOPE WITH
BASE OF SLOPE AT PROPOSED WALL FACE.
2.THE RETAINING WALL SLOPE AREAS ARE TO BE MAINTAINED UNTIL
RETAINING WALL CONSTRUCTION OCCURS. ANY EROSION SHALL BE
REMEDIED AND RESTORED.
3.BUILDING PERMITS ARE REQUIRED FOR ALL RETAINING WALLS 4 FEET
IN HEIGHT OR GREATER AND THE WALLS SHALL BE DESIGNED BY A
STRUCTURAL ENGINEER WITH DESIGN REVIEWED AND APPROVED BY
THE CITY PRIOR TO INSTALLATION. ANY QUESTIONS REGARDING THE
BUILDING PERMITS SHALL BE DIRECTED TO THE CITY BUILDING
INSPECTOR.
4.INSTALL SAFETY FENCE OR FALL PROTECTION ATOP ALL WALLS 4' TALL
OR GREATER.
5.RETAINING WALL CONTRACTOR AND/OR RETAINING WALL STRUCTURAL
ENGINEER ARE RESPONSIBLE TO REVIEW CIVIL SITE ENGINEERING
DRAWINGS. ANY OBSERVED CONCERNS WITH CIVIL SITE ENGINEERING
DESIGN ELEMENTS RELATED TO RETAINING WALLS THAT REQUIRE
MODIFICATIONS TO THE CIVIL SITE DESIGN IS THEIR RESPONSIBILITY
TO COORDINATE WITH PROJECT OWNER AND CIVIL SITE ENGINEER. IF
NO COORDINATION IS REQUESTED IT SHALL BE UNDERSTOOD THAT ALL
CONDITIONS WITHIN THE CIVIL SITE DESIGN AND PLANS ARE
ACCEPTABLE AND ABLE TO BE PROVIDED FOR IN THE RETAINING WALL
DESIGN AND CONSTRUCTION.
6.RETAINING WALLS ARE TO BE FINAL DESIGNED AND PERMITTED BY
OTHERS.
7.RETAINING WALLS DEPICTED ON ALLIANT GRADING PLAN AS MODULAR
BLOCK RETAINING WALLS.
GRADING LEGEND:
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R Dial 811
FOR
R
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www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Ben Palazzolo
BJP
JJR
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
20 54
0
SCALE IN FEET
25 50 100
N
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Call before you dig.
R Dial 811
FOR
R
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V
I
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W
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N
L
Y
PRE
L
I
M
I
N
A
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S
T
R
U
C
T
I
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N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Ben Palazzolo
BJP
JJR
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
21 54
0
SCALE IN FEET
25 50 100
N
Ci
t
y
S
u
b
m
i
t
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/
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Know what's below.
Call before you dig.
R Dial 811
FOR
R
E
V
I
E
W
O
N
L
Y
PRE
L
I
M
I
N
A
R
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N
S
T
R
U
C
T
I
O
N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Ben Palazzolo
BJP
JJR
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
22 54
0
SCALE IN FEET
25 50 100
N
Ci
t
y
S
u
b
m
i
t
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a
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10
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P
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Know what's below.
Call before you dig.
R Dial 811
FOR
R
E
V
I
E
W
O
N
L
Y
PRE
L
I
M
I
N
A
R
Y
NOT
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Ben Palazzolo
BJP
JJR
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional
Civil Engineer under the laws of the
State of MN.
23 54
0
SCALE IN FEET
25 50 100
N
Ci
t
y
S
u
b
m
i
t
t
a
l
10
/
1
2
/
2
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2
6
Pr
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o
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,
MN
Fi
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P
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D
2220189-00
23
1
4
5
6
78
1 2 3 4 5 6 7 8
141615
9
34
18
19
22
24
13
12
1110
13 12
2
1
1
8
21
7
8
765
4
3
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13
12
11
10
9
8
7
6
5
2
6
54
3
17
3
2
8
6
5
BLO
C
K
3
BLO
C
K
6
BLO
C
K
2
1 2 3 4 5 6
BLOCK 7
1 2 3 4 5 6
BLOCK 8
1 2 3 4 5 6
BLOCK 9123456
BLOCK 10
123456
BLOCK 11 1234
BLOCK 12
123456
BLOCK 13
123456
BLOCK 14
22
23
21192018
15
16
17
14
20
21
3 4
CA
R
R
I
A
G
E
L
A
N
E
N
E
FOUNTAIN HILLS DRIVE NE
SU
R
R
E
Y
L
A
N
E
N
E
SURREY LANE NE
OUTLOT C
OUTLOT B
OUTLOT D
BLOCK 1
BL
O
C
K
5
BL
O
C
K
1
OUTLOT A
SU
R
R
E
Y
L
A
N
E
N
E
SU
R
R
E
Y
L
A
N
E
N
E
OUTLOT E
OUTLOT F
10
7
11
1 2 3 4 5 6
COACHMAN LANE NE
CO
A
C
H
M
A
N
L
A
N
E
N
E
SU
M
M
I
T
L
A
N
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MICHAEL WAY
MICHAEL WAY
MICHA
E
L
W
A
Y
LE
O
L
A
N
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LEO
L
A
N
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JACOB DRIVE
BERN
A
R
D
L
A
N
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BE
R
N
A
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L
A
N
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COACHMAN LANE NE
MI
C
H
A
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L
W
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JACOB DRIVE
BL
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4
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9
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WL1
C.
R
.
2
1
(E
A
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L
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K
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N
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)
PI
K
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L
A
K
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T
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A
I
L
N
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FOU
N
T
A
I
N
H
I
L
L
S
D
R
N
E
FOUNTAIN
HILLS DR
(PUB
L
I
C
)
(P
U
B
L
I
C
)
(P
U
B
L
I
C
)
SU
R
R
E
Y
LA
N
E
N
E
CA
R
R
I
A
G
E
LA
N
E
N
E
CO
A
C
H
M
A
N
LA
N
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CARRIAG
E
H
I
L
L
S
P
W
K
Y
(PUBLIC
)
5 - BF
3 - NS
1 - RB
4 - KC
7 - HL
4 - PO
5 - WP
5 - BH
7 - PO
1 - RB
1 - KC
1 - WP
1 - WP
1 - SB
1 - RB
1 - BM
2 - AE
3 - PO
7 - SL
7 - BM
7 - RO
7 - CH
7 - HL
1 - RB
1 - RB
1 - SW
1 - SW
6 - SW
2 - SL
5 - CH
5 - BH
6 - NS
5 - BF
3 - NS
3 - CH
7 - NF
2 - KC
2 - SW
4 - SW
3 - KC
2 - SW
4 - SB
3 - JL
1 - AE
1 - SW
1 - JL
1 - SB
1 - RB
1 - JL
1 - JL
4 - SW
1 - SL
2 - SB
5 - PO
5 - KC
5 - AE
2 - BF
3 - CH
3 - RO
1 - WP
3 - WP
Fi
l
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L
o
c
a
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i
o
n
:
X:
\
2
0
2
2
\
2
2
0
1
8
9
-
V
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r
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P
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\
p
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a
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D
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.
d
w
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P
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:
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P
a
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a
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z
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l
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Oc
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r
1
2
,
2
0
2
6
a
t
3:
1
2
:
3
0
P
M
Know what's below.
Call before you dig.
R Dial 811
FOR
R
E
V
I
E
W
O
N
L
Y
PRE
L
I
M
I
N
A
R
Y
NOT
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Troy Muff
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Landscape Architect under the laws of the
State of MN.
49 54
0
SCALE IN FEET
60 120 240
N
49
Ci
t
y
S
u
b
m
i
t
t
a
l
10
/
1
2
/
2
0
2
6
Fi
n
a
l
P
l
a
t
S
e
t
2220189-00
LEGEND
Pr
i
o
r
L
a
k
e
,
MN
Vi
e
r
l
i
n
g
R
i
d
g
e
S
e
c
o
n
d
A
d
d
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t
i
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La
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d
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a
p
i
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g
P
l
a
n
-
O
v
e
r
v
i
e
w
Know what's below.
Call before you dig.
R Dial 811
0
SCALE IN FEET
60 120 240
N
·
·
·
·
·
·
LANDSCAPE REQUIREMENTS: LANDSCAPE NOTES LANDSCAPE SCHEDULE - PHASE TWO
SEEDING NOTES
1
4
5
6
78
1 2 3 4 5 6 7 8
141615
9
34
18
19
22
24
13
12
1110
13 12
2
1
17
3
2
8
6
5
BLO
C
K
3
BLO
C
K
2
22
23
21192018
15
16
17
14
20
21
SU
R
R
E
Y
L
A
N
E
N
E
EY LANE NE
BLOCK 1
BL
O
C
K
1
SU
R
R
E
Y
L
A
N
E
N
E
10
7
11
COACHMAN LANE NE
LE
O
L
A
N
E
BL
O
C
K
4
9
PI
K
E
L
A
K
E
T
R
A
I
L
N
E
(P
U
B
L
I
C
)
5 - BF
1 - RB
4 - KC
1 - WP
1 - WP
3 - PO
7 - SL
7 - BM
7 - RO
7 - CH
7 - HL
1 - RB
1 - SW
1 - SW
3 - NS
7 - NF
2 - KC
2 - SW
4 - SW
1 - RB
4 - SW
1 - SL
5 - PO
5 - KC
3 - WP
Fi
l
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L
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a
t
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:
X:
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2
0
2
2
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2
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9
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P
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a
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b
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r
1
2
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2
0
2
6
a
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3:
1
2
:
3
2
P
M
FOR
R
E
V
I
E
W
O
N
L
Y
PRE
L
I
M
I
N
A
R
Y
NOT
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Troy Muff
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Landscape Architect under the laws of the
State of MN.
50 54
0
SCALE IN FEET
25 50 100
N
50
Ci
t
y
S
u
b
m
i
t
t
a
l
10
/
1
2
/
2
0
2
6
Fi
n
a
l
P
l
a
t
S
e
t
2220189-00
Pr
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o
r
L
a
k
e
,
MN
Vi
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l
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R
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1
34
22
24
2
1
3
2
6
5
BLO
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3
2 3 4 5 6
BLOCK 7
1234
BLOCK 14
22
23
21192018
SU
R
R
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L
A
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N
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SU
R
R
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L
A
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N
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7
2 3 4 5 6 CO
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W
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N
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MI
C
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A
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SU
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R
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A
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CO
A
C
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M
A
N
L
A
N
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CARRIAG
E
H
I
L
L
S
P
W
K
Y
(PUBLIC
)
7 - PO
1 - SB
1 - BM
2 - AE
1 - SL
5 - PO
5 - KC
Fi
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L
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a
t
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n
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X:
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2
0
2
2
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2
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1
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9
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a
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b
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r
1
2
,
2
0
2
6
a
t
3:
1
2
:
3
4
P
M
Know what's below.
Call before you dig.
R Dial 811
FOR
R
E
V
I
E
W
O
N
L
Y
PRE
L
I
M
I
N
A
R
Y
NOT
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Troy Muff
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Landscape Architect under the laws of the
State of MN.
51 54
0
SCALE IN FEET
25 50 100
N
51
Ci
t
y
S
u
b
m
i
t
t
a
l
10
/
1
2
/
2
0
2
6
Fi
n
a
l
P
l
a
t
S
e
t
2220189-00
Pr
i
o
r
L
a
k
e
,
MN
Vi
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l
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g
R
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d
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B
1 2 3 4 5 6
BLOCK 7
1 2 3 4 5 6
BLOCK 8
1 2 3 4 5 6
BLOCK 9123456
BLOCK 10
123456
BLOCK 11 1234
BLOCK 12
123456
BLOCK 13
123456
BLOCK 14
CA
R
R
I
A
G
E
L
A
N
E
N
E
OUTLOT C
OUTLOT B
OUTLOT A
1 2 3 4 5 6
SU
M
M
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L
A
N
E
MICHAEL WAY
MICHAEL WAY
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A
N
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C.
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2
1
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A
G
L
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C
R
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A
V
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N
E
)
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U
B
L
I
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R
R
I
A
G
E
LA
N
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N
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H
I
L
L
S
P
W
K
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7 - HL
4 - PO
5 - WP
5 - BH
7 - PO
1 - RB
1 - KC
1 - SB
1 - RB
1 - BM
2 - AE
4 - SW
2 - BF
3 - CH
3 - RO
1 - WP
Fi
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a
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2
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a
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e
r
1
2
,
2
0
2
6
a
t
3:
1
2
:
3
7
P
M
Know what's below.
Call before you dig.
R Dial 811
FOR
R
E
V
I
E
W
O
N
L
Y
PRE
L
I
M
I
N
A
R
Y
NOT
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Troy Muff
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Landscape Architect under the laws of the
State of MN.
52 54
0
SCALE IN FEET
25 50 100
N
52
Ci
t
y
S
u
b
m
i
t
t
a
l
10
/
1
2
/
2
0
2
6
Fi
n
a
l
P
l
a
t
S
e
t
2220189-00
Pr
i
o
r
L
a
k
e
,
MN
Vi
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r
l
i
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g
R
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d
g
e
S
e
c
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d
A
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P
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-
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8
1
1
8
21
7
8
765
4
3
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1
14
13
12
11
10
9
8
7
6
5
2
6
54
3
BLO
C
K
6
3 4
FOUNTAIN HILLS DRIVE NE
SURREY LANE NE
OUTLOT D
BL
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K
5
SU
R
R
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L
A
N
E
N
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OUTLOT E
OUTLOT F
BE
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L
A
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COACHMAN LANE NE
BL
O
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4
WL4
WL1
3 - NS
7 - HL
1 - RB
6 - SW
2 - SL
5 - CH
5 - BH
6 - NS
5 - BF
3 - NS
3 - CH
2 - KC
2 - SW
4 - SW
3 - KC
2 - SW
4 - SB
3 - JL
1 - AE
1 - SW
1 - JL
1 - SB
1 - JL
1 - JL
4 - SW
2 - SB
5 - AE
3 - WP
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a
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2
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6
a
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3:
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3
9
P
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FOR
R
E
V
I
E
W
O
N
L
Y
PRE
L
I
M
I
N
A
R
Y
NOT
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Troy Muff
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Landscape Architect under the laws of the
State of MN.
53 54
0
SCALE IN FEET
25 50 100
N
53
Ci
t
y
S
u
b
m
i
t
t
a
l
10
/
1
2
/
2
0
2
6
Fi
n
a
l
P
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a
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Know what's below.
Call before you dig.
R Dial 811
FOR
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www.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
Project No.:
Drafted By:
Designed By:
Sheet of
Troy Muff
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Landscape Architect under the laws of the
State of MN.
54 54
54
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2220189-00
TYPICAL 4 & 6 UNIT TOWNHOME LANDSCAPE: TOWNHOME LANDSCAPE SCHEDULE:
4 UNIT TYPICAL 6 UNIT TYPICAL
54
4 MULCH AT SIDEWALK
NOT TO SCALE
NOTES:
1.REFER TO LANDSCAPE PLAN SHEET NOTES FOR
COLOR AND TYPE OF MULCH.
CONCRETE SIDEWALK
2"
M
I
N
.
MULCH TO BE LEVEL AT SIDEWALK
MULCH SEE NOTES
4"
T
Y
P
.
PLANTING SOIL
DEPTH VARIES
SEE LANDSCAPE PLAN NOTES
FILTER FABRIC
MIRAFI OR EQUAL
54
5 MULCH AT SOD
NOT TO SCALE
NOTES:
1.REFER TO LANDSCAPE PLAN SHEET NOTES FOR
COLOR AND TYPE OF MULCH.
SOD
2"
M
I
N
.
POLY EDGING
MULCH SEE NOTES
4"
T
Y
P
.
PLANTING SOIL
DEPTH VARIES
SEE LANDSCAPE
PLAN NOTES
FILTER FABRIC
MIRAFI OR EQUAL
12" SPIKE
MULCH TO BE LEVEL WITH FINISHED GRADE
PERENNIAL PLANTING
NOT TO SCALE54
3
EQUAL SPACING
PERENNIALS (TYP.),
PLANT IN STAGGERED
ROWS UNLESS
OTHERWISE SHOWN ON
LANDSCAPE PLAN
MIN. 3"-4" DEPTH
HARDWOOD MULCH OVER
FILTER FABRIC, SEE NOTES
FOR TYPE & COLOR.
MIN. 12" PLANTING SOIL AS
SPECIFIED, SEE NOTES.
UNDISTURBED AND
UNCOMPACTED
SUBGRADE
54
2 SHRUB PLANTING
NOT TO SCALE
PROVIDE MULCH, DO NOT BURY STEMS OR
TRUNK. SEE NOTES FOR TYPE AND DEPTH
REQUIRED.
UNDISTURBED AND
UNCOMPACTED SUBGRADE
PRUNE DEAD AND BROKEN BRANCHES
ROOT BALL SHOULD SIT
DIRECTLY ON TOP OF
UNDISTURBED SOIL.
BACKFILL WITH TOPSOIL
FROM HOLE AND WATER
THOROUGHLY. PROVIDE
PLANTING SOIL AS
SPECIFIED IN NOTES.
PROVIDE FILTER FABRIC,
MIRAFI OR EQUAL
PLANT TOP OF ROOT BALL 1-2" ABOVE
SURROUNDING GRADE.
PREPARE PLANTING AREA 3X
THE DIAMETER OF THE
ROOTBALL
L-2.0
1 TREE PLANTING
NOT TO SCALE
NOTES:
1.TREE STAKING IS OPTIONAL.
2.DO NOT PRUNE THE TREE AT PLANTING. PRUNE ONLY CROSSOVER LIMBS, CO-DOMINANT LEADERS AND
BROKEN OR DEAD BRANCHES.
3.FOR TREES IN CONTAINERS, REMOVE CONTAINER PRIOR TO PLANTING. FOR BARE ROOT TREES, PLACE
TREE IN MIDDLE OF PLANTING HOLE, SPREAD ROOTS OUT RADIALLY FROM THE TRUNK AROUND THE
PREPARED HOLE.
PREPARE PLANTING AREA 3X THE
DIAMETER OF THE ROOTBALL OR PER
PLAN IF PLANTED IN A BIORETENTION
OR LARGER PLANTING AREA
PLACE ROOTBALL ON UNEXCAVATED OR TAMPED SOIL
EXPOSE TRUNK FLARE
MULCH RING, DIAMETER PER PLAN OR
LANDSCAPE NOTES. PLACE MULCH SO NOT IN
CONTACT WITH BASE OF TREE.
COMPLETELY REMOVE AND DISPOSE OF ALL
TWINE, ROPE AND BASKETS. DISPOSE INTO
PROPER LOCATION.
TAMP SOIL AROUND ROOTBALL BASE FIRMLY WITH FOOT
PRESSURE SO THAT THE ROOT BALL DOES NOT SHIFT.
PLANTING SOIL, BACKFILL PLACED IN 6" LIFTS
GUYING PLAN
SOD
UNDISTURBED SUBSOIL
ROOTBALL
PRUNE DEAD AND BROKEN BRANCHES
16" POLY STRAP, 40 MIL. 1-1/2" WIDE
1 FLAG PER WIRE
3-GUY CABLES, DOUBLE STRAND, 14 GA. WIRES
AT 120° SPACING, SEE GUYING PLAN
18" MIN.MACHINE EDGE V-DITCH AROUND
ALL TREES IN SODDED AREAS
2"X2"X24" WOODEN STAKE AT AN ANGLE
Pr
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[Phone] 952-447-9800 | [Fax] 952-447-4245 | cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
Memorandum
To: Paul Heuer, Pulte Homes of Minnesota LLC, Applicant
Vierling Family LTD Partnership, Owner
From: Casey McCabe, Community Development Director
Jake Skluzacek, Planner
Luke Schwarz, Assistant City Engineer
Stephanie Thulien, Water Resource Engineer
Laura Rescorla, Project Manager
Kris Keller, Project Engineer
Troy Kupahl, District Director Scott SWCD
Date: October 26, 2026
Re: Vierling Ridge 2nd Addition – Construction Plans
14091 Eagle Creek Ave NE
We have reviewed the final plat documents submitted for the proposed Vierling Ridge development, 2nd
Addition, located at 14091 Eagle Creek Ave NE, east of Eagle Creek Avenue (CR 21) between Fountain Hills
Drive and Carriage Hills Parkway, as prepared by Alliant Engineering and submitted by Pulte Homes. The
following documents were reviewed:
• Civil Plan Set – Vierling Ridge Second Addition Final Plat Set 2026-10-12.pdf
Comments are provided within this Memorandum and in the corresponding redlined plan set. Please
note that not all comments within the plan set are in the Memorandum. We have the following comments
with regards to stormwater management and engineering:
General
1. Submit for and provide copies to the City of all required permits from regulatory agencies
(MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, etc.)
2. Additional comments may be generated by PLSLWD’s review of the revised plans
3. Additional redline comments are provided in the accompanying plan set. Provide a response to
all comments in this memo and the redlined plan set.
4. Plans shall be signed by an engineer licensed in the State of Minnesota.
Plat
1. Provide easement/right of way for revised sidewalk alignment on the west side of Carriage Lane
Streets/Trails
1. Remove stop signs on local-to-local streets as shown in the attached redlined site plans
2. Add/relocate light poles as shown in the attached redlined site plans
Stormwater Management
1. Rate Control
a. Update the model/drainage area acreages to match (S1).
Grading Plan
1. A retaining wall plan prepared by a licensed engineer is required for all walls exceeding 4-feet in
height. Walls greater than 4’ tall must have a fence for fall protection.
a. Can the wall between Block 9 and Block 10 be eliminated?
b. City will not rebuild wall if we need to do work on the storm sewer
2. There are slopes steeper than 10:1 within 10’ of the house pad.
3. Show the wetland buffer and wetland buffer signs.
Utilities
1. Storm Sewer
a. Lower discharge velocities below 6 fps at storm sewer discharge points.
i. Lower the discharge velocity at FES 700.
b. Revise the routing of MH1001 in the storm sewer calculations.
c. Why do catch basins need to be located on curves?
d. Add sump label to CBMH 1007.
e. Provide a storm sewer drainage area map.
2. Sanitary Sewer
a. Call out SDR 26 for sanitary sewer pipe as appropriate as depth
b. Eliminate or minimize bends shown in sanitary sewer services
c. See additional redline comments
3. Watermain
a. Hydrants should be located at all watermain system high points
i. Adjust watermain and/or hydrant locations as necessary
b. Maintain minimum 18" separation with utility crossings
i. Insulate when separation between storm sewer and watermain/services is less
than 36"
ii. Provide proposed watermain offset detail
c. See additional redline comments
Miscellaneous
1. Retaining walls exceeding 4’ in height require a plan prepared by a licensed engineer submitted
for review and approval prior to permit issuance.
SWPPP
1. Does curbside perimeter sediment control indicate bioroll? Include a detail.
2. Show soil stockpile areas.
3. Show anticipated location of concrete washout.
4. Quantify the total disturbance and impervious for Phase 2.
5. Identify who has responsibility for long term maintenance of the permanent BMPs.
6. Document training.
7. Add note designating sod in areas without a seed hatch.
Wetlands – remaining PLSLWD Comments
1. It is the District’s understanding that the entirety of Wetlands 2, 3, and 5 and part of Wetland 4
will be filled and mitigated offsite. The owner is required to enter into a Developers Agreement
with the District for establishment of and record Conservation Easements over a buffer strip for
the remaining portion of Wetland 4. This wetland is a Basic Management Class requiring a
buffer of minimum 15-ft width and average 30-ft width.
2. Legal descriptions and AutoCAD Civil 3D layers for the proposed buffer strip and remaining
Wetland 4 boundary are required for review and acceptance of conservation easement
boundaries.
3. Buffer monuments are required at all proposed boundary vertices and at a minimum distance of
200-feet. As proposed, this requirement appears satisfied (see Sheets 13, 16, and 17).
4. As currently proposed, the low maintenance turf seed mix (MNDOT 25-131 specified on Sheet
49) is not an acceptable native seed mix for the Wetland 4 buffer area.
KNOW ALL PERSONS BY THESE PRESENTS: That DRP Concord 10, LLC, a Delaware limited liability company, owner of the following described property situated in the County of
Scott, State of Minnesota, to wit:
Outlots C and D, VIERLING RIDGE, according to the recorded plat thereof, Scott County, Minnesota.
Has caused the same to be surveyed and platted as VIERLING RIDGE SECOND ADDITION and does hereby donate and dedicate to the public for public use forever the public ways
and also dedicate the easements as shown on this plat for drainage and utility purposes only.
In witness whereof said DRP Concord 10, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officer this _________ day of
_____________________, 20_____.
Signed: DRP Concord 10, LLC
By: ____________________________________,
Brian Clauson, Authorized Signatory
STATE OF ______________________
COUNTY OF ____________________
This instrument was acknowledged before me on this ______________ day of _____________________, 20______, by Brian Clauson, Authorized Signatory of DRP Concord 10, LLC, a
Delaware limited liability company, on behalf of the company.
________________________________________________(Signature)
________________________________________________(Print)
Notary Public, __________________ County, _________
My Commission Expires __________________________.
SURVEYOR'S CERTIFICATE
I Daniel Ekrem hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a
correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will
be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and
labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this ______________ day of _____________________, 20______.
_________________________________________
Daniel Ekrem
Licensed Land Surveyor
Minnesota License No. 57366
STATE OF MINNESOTA
COUNTY OF _____________________
The foregoing Surveyor's Certificate was acknowledged before me this ______________ day of _____________________, 20______, by
Daniel Ekrem, Licensed Land Surveyor, Minnesota License No. 57366.
________________________________________
________________________________________
Notary Public, ___________________________
My Commission Expires __________________
CITY COUNCIL, CITY OF PRIOR LAKE, MINNESOTA
This plat was approved by the City Council of the City of Prior Lake, Minnesota, this ______________ day of _____________________, 20______, and hereby certifies compliance with
all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2.
By:___________________________________________________________________
Mayor Clerk
SCOTT COUNTY SURVEYOR
Pursuant to Minnesota Statutes, Chapter 389.09, Subd. 1, as amended, this plat has been reviewed and approved this ______________ day of _____________________, 20______.
_________________________________
Scott County Surveyor
SCOTT COUNTY AUDITOR/TREASURER
I hereby certify that the current and delinquent taxes on the lands described within are paid and the transfer is entered this ______________ day of _____________________, 20______.
By: _______________________________
Deputy
SCOTT COUNTY RECORDER
I hereby certify that this plat was recorded in the office of the County Recorder for record on this ______________ day of _____________________, 20______, at _____ o'clock ___.M.
as Document Number ___________________ .
_________________________________
Scott County Recorder
VIERLING RIDGE SECOND ADDITION
N00°53'35"W
30.32
N89°38'16"E 269.87S85°55'24"E
163.13 S85°03'06"E
164.57
S77°27'39
"
E
3
3
6
.
4
1
R=8 23.00L=109.03Δ=7 °35'27"
OUTLOT G
N86°32'21"E
94.30
OUTLOT F
OU
T
L
O
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D
N89°44'10"E 322.64
N65°49'53"E
10.65
N0
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63.71
R=260.00
L=181.62
Δ=40°01'22"
C.Brg=S69°23'36"W
C.=177.95
S89°24'17"W
9.11
R=960.00
L=107.47
=6°24'51"
C.Brg=N35°07'24"W
C.=107.41
N46°44'41"E
71.56
N89°45'25"W 1046.44
N0
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1
3
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72.60
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152.59
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65.00
N57°
5
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2
3
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E
135.
0
0
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0
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3
5
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4
3
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W
3
7
0
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R=340.00
L=295.00
Δ=49°42'43"
S0
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3
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W
2
2
6
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3
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R=260.00
L=100.41
=22°07'35"
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1
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5
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5
7
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E
13
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R=710.00
L=203.82
Δ=16°26'53"
R=1040.00
L=112.00
=6°10'13"
C.Brg=S35°14'43"E
C.=111.94
S89°45'25"E 243.89
S0
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23.99
N15°13'34"W
28.00
70.4
0
10.00
63
.
1
7
12
2
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0
10.00
15.22
166.08
L=7.10
Δ=0°30'54"
L=219.69
Δ=15°55'59"
L=244.21Δ=41°09'09"
31
1
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705.72
5.32
40
2
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0
N21°52'57"W
36.16
S89°44'10"W 272.47
N60°5
4
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4
1
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W
1
2
3
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8
3
S60°11'32"W
61.89
N68°59'47"W
67.40
S1
2
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3
2
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2
1
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W
1
4
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N77°27'39"W
27.77
S1
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3
2
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1
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W
1
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S81°41'04"W
15.17
L=50.79
Δ=8°33'34"
58
.
8
5
21
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7
7
N89°38'16"E 202.65
S89°24'27"E
60.01
N89°38'16"E
130.06
N03°26'17"W
105.11
R=390.00 L=325.82
Δ=47°52'01"
C .Br g=S67°07'18"W C.=316.43
N88°56'42"W 711.04
N49°28'05"W
66.86
R=260.00
L=225.58
Δ=49°42'43"
R=340.00
L=131.30
=22°07'35"
N2
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5
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5
7
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W
13
0
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R=790.00
L=226.79
Δ=16°26'53"
N0
0
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E
2
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6
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3
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S80°53'08"W
1
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60.00
S68°07
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86.
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83
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41.76
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R=70.00
L=15.60
=12°46'05"
C.Brg=N15°29'54"W
C.=15.57
10.00
N89°44'10"E 552.06
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1
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W
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2
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S89°44'10"W
135.09
N00°15'50"W
76.50
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27.11
N00°15'50"W
60.00
N03°55'10"W
120.24170.33
1 S89°45'25"E
1046.44
N0
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55
5
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1
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VIERLING RIDGE SECOND ADDITION
N89°45'25"W 1046.44
N89°38'16"E
72.60
N89°23'17"E
152.59
S2
6
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4
9
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5
1
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E
15
4
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65.
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2
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135.
0
0
R=340.00
L=50.79
=8°33'34"
C.Brg=N4°02'09"W
C.=50.75
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1
4
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2
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Δ=22°07'3
5
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5
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13
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R=710.00
L=203.82
Δ=16°26'53"
R=1040.00
L=112.00
Δ=6°10'13"
C.Brg=S35°14'43"E
C.=111.94
N33°09'15"E
23.99
S89°45'25"E 243.89
S0
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1
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5
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28.00
70.4
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58.85
N0
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S81°41'04"W
15.17
N89°38'16"E 202.65 S89°24'27"E
60.01
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130.06
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3
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10
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4
3
L=30.17
Δ=1°46'55"
34
.
0
9
L=109.21
Δ=89°23'26"
42.7177.9163.02
L=66.07Δ=29°07'16"
L=64.07
Δ=28°14'15"
L=64.07
Δ=28°14'15"
L=1.70
Δ=0°45'03"43
.
6
4
L=29.41
Δ=3°10'47"
L=65.49
Δ=7°0
4'48"
L=56.82
Δ=6°08'34"10.15
10.10 L=54.78
Δ=14°16'04"
3.88
58
.
0
2
L=112.79
Δ=92°19'04"
20.2765.0065.0065.0065.0065.0065.0077.50
99
.
6
5
L=
2
0
.
4
5
Δ=9
°
4
5
'
4
3
"
L=25.90
Δ=12°21'51"
43
.
0
9
L=47.84
Δ=5°19'20"
L=74.74
Δ=8°18'54"
L=2
5
.
2
7
Δ=2°4
8
'
3
9
"
L=43.49
Δ=2°01'03"
L=63.87
Δ=2°57'47"
L=70.08
Δ=3°25'02"
L=56.46
Δ=2°45'11"
L=1
1
.
0
1
Δ=1°0
5
'
4
8
"
L=62.77
Δ=6°15'18"
L=62.77
Δ=6°15'18"
L=28
.
5
2
Δ=2°50
'
2
9
"
35
.
5
0
7.59
L=53.89
Δ=17°09'10"
L=15.62
Δ=4°58'24"
99
.
6
5
78.0085.75
100.50 65.00 65.00 65.00 65.00 65.00 65.00 65.00 65.00 65.00 26.02
L=47.30Δ=2 0°50'46"L=66.26
Δ=29°12'05"
L=66.23
Δ=29°11'23"
L=29.68
Δ=13°04'50"
41
.
3
3
20
.
5
7
L=55.05
Δ=11°15'
51"
L=14.68
Δ=3°00'13"
20
.
2
5
L=42.65
Δ=5°11'56"
L=75.59
Δ=9
°12'53"
L=16.32
Δ=1°59'20"
43
.
6
4
L=110.00
Δ=90°02'21"
39.91 75.00 68.73
L=6.27
Δ=2°45'51"L=61.06Δ=26°54'37"
L=62.95
Δ=27°44'37"
L=62.64
Δ=27°36'24"
L=9.91
Δ=4°21'57"
34
.
0
9
L=31.02
Δ=1°43'32"
88.43
12
6
.
6
0
39
.
7
0
L=90.32
Δ=19°54'11"
65.00 65.00 65.00 65.00 65.00 65.00 65.00 65.00 65.00 121.45 203.75 47.81
18
4
.
4
0
11
3
.
3
6
75
.
0
0
75
.
0
0
75
.
0
1
141.33 102.56
96
.
3
6
8.
7
5
14
2
.
7
7
75
.
0
0
112.9377.92
11.80
15
1
.
9
4
2.8
0
13
6
.
8
8
81
.
8
5
69
.
2
3
L=62.03
Δ=3°25'02"
L=49.97
Δ=2°45'11"
L=13.59
Δ=1°05'48"
L=77.51
Δ=6°15'18"
L=77.51
Δ=6°15'18"
L=35
.
2
1
Δ=2°50
'
2
9
"
35
.
5
0
94
.
6
7
L=10.09
Δ=2°13'23"
N89°45'22"W 205.76
N54°
2
5
'
2
1
"
E
1
3
5
.
0
0
N52
°
4
5
'
5
8
"
E
1
3
5
.
0
0
N59°
0
1
'
1
6
"
E
1
3
5
.
0
0
N65°1
6
'
3
4
"
E
1
3
5
.
0
0
N68°07
'
0
3
"
E
1
3
5
.
0
0
N0
0
°
1
4
'
3
8
"
E
1
2
2
.
1
0
S85°16'14"W 149.46
S1
9
°
4
2
'
0
9
"
E
4
2
8
.
9
2
76
.
6
2
69
.
2
3
71
.
7
3
68
.
4
7
31
.
5
6
49.39
87.8765.0065.0065.00
N89°34'34"W 282.87
S89°53'32"W
65.00
15.61
75.76 65.00 65.00
N0
0
°
1
4
'
3
8
"
E
1
2
0
.
0
0
N0
0
°
1
4
'
3
8
"
E
1
2
0
.
0
0
N0
0
°
1
4
'
3
8
"
E
1
3
0
.
3
1
N0
0
°
1
4
'
3
8
"
E
1
2
9
.
9
1
N0
0
°
1
4
'
3
8
"
E
1
3
0
.
1
1
N0
0
°
1
4
'
3
8
"
E
1
3
0
.
3
2
N0
0
°
1
4
'
3
8
"
E
1
3
0
.
5
2
S59°
0
9
'
5
8
"
W
1
8
9
.
6
0
S54°
2
8
'
5
0
"
W
2
2
6
.
0
3
S53
°
4
1
'
1
3
"
W
2
0
5
.
4
0
S89°34'34"E 261.99
S89°34'34"E 222.20
S89°34'34"E 190.72
N89°40'34"E 161.76
N61°2
6
'
1
9
"
E
1
4
8
.
2
0
N3
3
°
1
2
'
0
3
"
E
1
9
0
.
9
9
N0
9
°
5
2
'
5
7
"
E
1
3
9
.
4
7
N0
0
°
2
3
'
1
6
"
E
1
3
6
.
0
1
N0
0
°
2
3
'
1
6
"
E
1
3
4
.
9
9
S89°38'16"W 129.96
S57°
4
8
'
2
2
"
W
1
7
5
.
4
1
S3
0
°
0
3
'
4
5
"
W
1
6
9
.
6
6
S0
0
°
2
3
'
1
6
"
W
1
3
0
.
1
5
S0
0
°
2
3
'
1
6
"
W
1
3
0
.
0
0
S0
0
°
2
3
'
1
6
"
W
1
3
0
.
0
0
N89°36'44"W 260.34
N89°36'44"W 250.73
N89°36'44"W 230.22
N89°36'44"W 221.18
S79°28'52"W
2
2
4
.
7
3
S50
°
1
7
'
2
9
"
W
2
6
0
.
3
0
S2
1
°
0
5
'
2
4
"
W
1
3
8
.
1
8
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
3
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
3
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
3
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
2
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
2
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
2
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
2
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
2
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
2
S0
0
°
1
4
'
3
8
"
W
1
2
0
.
6
2
10.31
12
0
.
0
0
10.00
70.48
78.97
75.0075.00109.59 0.75
112.
0
6
112.
0
0
112.00
112.00
119.00
L=8.38
Δ=3°41'32"
142.59
10.00
S89°45'25"E
243.89
S0
0
°
1
3
'
4
1
"
E
52
2
.
7
7
75
.
0
0
141.33
S0
0
°
2
3
'
1
6
"
W
13
0
.
1
5
75.00 0.75
2120
17 1
N89°36'44"W 260.34
99
.
6
5
L=
2
0
.
4
5
Δ=9
°
4
5
'
4
3
"
182
19
LE
O
L
A
N
E
INSET A
VIERLING RIDGE SECOND ADDITION
R=390.00 L=325.82
Δ=47°52'01"
C.Brg=S67°07'18"W C.=316.43
N88°56'42"W
5.32
N49
°
2
8
'
0
5
"
W
66.8
6
R=260.00
L=225.58
Δ=49°42'43
"
N0
0
°
1
4
'
3
8
"
E
2
2
6
.
3
0
R=340.00
L=131.3
0
Δ=22°07
'3
5
"
N2
1
°
5
2
'
5
7
"
W
1
3
0
.
1
7
R=790.00
L=7.10
=0°30'54"
C.Brg=S22°08'24"E
C.=7.10
1
8
21
7
8
765
4
3
2
1
14
13
12
11
10
9
8
7
6
5
2
6
5
4
3
6
3 45
OUTLOT E
4BE
R
N
A
R
D
L
A
N
E
COACHMAN LANE NE
N80°53'08"E
1
4
1
.
7
5
S80°53'08"W
60.00
N68°07
'
0
3
"
E
1
4
8
.
4
0
N38
°
0
9
'
3
5
"
W
86.
2
7
N2
2
°
0
3
'
1
0
"
W
83
.
0
0
N2
7
°
4
0
'
4
6
"
W
41
.
7
6
N0
0
°
1
4
'
3
8
"
E
2
2
1
.
7
5
N29°58'06"W
38.07
N1
4
°
1
2
'
3
2
"
W
85
.
3
5
N0
7
°
3
3
'
1
2
"
W
1
2
1
.
6
3
R=70.00
L=15.60
=12°46'05"
C.Brg=N15°29'54"W
C.=15.57
S21°52'57"E
36.1610.00
1.09
2.14
0.4
9
R=60.00L=226.0 4 Δ=215°50'57"
14.66
45
.
3
6
14.43
22
.
0
5
42
.
1
7
10.24
R=86.00
L=26.90
Δ=17°55'29"
R=86.00
L=26.90
Δ=17°55'29"
20
.
6
4
L=20
.
9
7
Δ=10°0
0
'
3
8
"
L=44.93
Δ=21°27'01"
L=8.90
Δ=4°15'06"
L=38.40
Δ=16°55'32"
L=42.24
Δ=18°36'59"
L=31.11
Δ=13°42'46"
L=19.48
Δ=8°35'02"
22
.
1
0
41
.
5
0
49
.
0
0
49
.
0
0
24
.
1
7
L=30.11
Δ=7°50'29"L=3
8.3
2
Δ=7
°
50'29"
32
.
0
9
54.00 41.50 41.50 59.00
30
.
0
0
30
.
0
0
59.0041.50
93
.
6
8
L=70.66
Δ=57°50'19"
L=26.43
Δ=8°24'44"
L=
1
0
.
0
5
Δ=3°
1
1
'
5
6
"
L=3
9
.
0
1
Δ=12°
2
5
'
0
0
"
L=36.71
Δ=11°41'06"
5.05
41
.
5
0
10.25
L=28.97
Δ=12°46'05
"
3.24
41.5054.00
N1
0
°
1
9
'
3
7
"
E
4
2
.
1
7
S2
5
°
3
1
'
2
0
"
E
7
4
.
4
5
63
.
2
1
41
.
5
0
25
.
4
6
L=16.
0
5
Δ=2°42'1
6
"
L=39.29
Δ=6°37'14
"
L=75.96
Δ=12°
48
'
0
5
"
39
.
7
0
12
2
.
0
0
L=37.03
Δ=8°09'35"
4.60
L=142.45
Δ=31°23'32"
L=4
6
.
1
0
Δ=10
°
0
9
'
3
5
"
44.4
3
21.9
4
35
.
0
7
41
.
5
0
45
.
0
6
43
.
6
8
41
.
6
7
49
.
0
0
49
.
0
0
41
.
5
0
41
.
5
0
40
.
7
5
41
.
5
0
41
.
5
0
43.
0
3
43.
2
3
L=27.07
Δ=25°50'49"
L=50.02
Δ=47°46'07"
L=39.21
Δ=37°26'44"
L=51.56Δ=49°14'24"
L=31.42
Δ=30°00'06"
L=26.75
Δ=25°32'48"
S44
°
0
0
'
5
8
"
W
49.
2
2
S77°26'33
"
W
1
1
1
.
7
3
N67°56
'
5
0
"
E
1
5
4
.
9
4
N67°56
'
5
0
"
E
1
3
2
.
6
1
N67°56
'
5
0
"
E
1
2
5
.
8
1
S89°45'22"E 127.70
S89°45'22"E 126.24
S89°45'22"E 126.24
S89°45'22"E 126.24
S89°45'22"E 126.09
N80°56'59"E
1
4
5
.
0
0
N80°56'59"E
1
4
1
.
1
3
N80°56'59"E
1
3
2
.
2
0
N82°52'26"E 125
.
2
6
N82°52'26"E 15
0
.
8
5
S48
°
2
9
'
5
7
"
W
1
6
5
.
3
3
S48
°
2
9
'
5
7
"
W
1
4
7
.
7
5
S48
°
2
9
'
5
7
"
W
1
2
3
.
7
9
S74°46'5
0
"
W
36.16
N89°45'22"W 184.57
N89°45'22"W 194.68
S0
0
°
1
4
'
3
8
"
W
1
2
2
.
0
0
S0
0
°
1
4
'
3
8
"
W
1
2
2
.
0
0
S0
0
°
1
4
'
3
8
"
W
1
2
2
.
0
0
N0
0
°
1
4
'
3
8
"
E
1
6
8
.
5
9
N0
0
°
1
4
'
3
8
"
E
1
3
9
.
7
9
N0
0
°
1
4
'
3
8
"
E
1
3
0
.
3
6
S68°07
'
0
3
"
W
1
3
9
.
1
1
S68°07
'
0
3
"
W
1
3
5
.
0
0
S68°07
'
0
3
"
W
1
3
5
.
0
0
N68°07
'
0
3
"
E
1
5
8
.
6
9
10.00
30.00 30.00
59.0041.5041.5052.68
42.56
111.73
1
N68°07
'
0
3
"
E
148.40
N38
°
0
9
'
3
5
"
W
86.
2
7
10.00
43.
2
3
5
14
N0
7
°
3
3
'
1
2
"
W
1
2
1
.
6
3
35
.
0
7
41
.
5
0
N82°52'26"E 15
0
.
8
5
OUTLOT
E
5
R=340.00
L=131.30
Δ=22°07'35"
N2
1
°
5
2
'
5
7
"
W
13
0
.
1
7
25
.
4
6
L=16.05
Δ=2°42'16"
L=39.29
Δ=6°37'14"
S77°26'33
"
W
1
1
1
.
7
3
S68°07
'
0
3
"
W
1
3
9
.
1
1
S68°07
'
0
3
"
W
1
3
5
.
0
0
6
54
INSET B
VIERLING RIDGE SECOND ADDITION
N89°44'10"E 552.06
N00°15'50"W
25.22
S89°44'10"W
135.09
N0
0
°
1
5
'
5
0
"
W
76
.
5
0
N52°50'40"E
27.11
N0
0
°
1
5
'
5
0
"
W
60
.
0
0
N03°55'10"W
120.24
1 2 3 4 5 6
7
1 2 3 4 5 6
8
1 2 3 4 5 6
9123456
10
123456
11 1234
12
123456
13
123456
14
OUTLOT B
OUTLOT A
1 2 3 4 5 6
CA
R
R
I
A
G
E
MICHAEL WAY
S77°27'39
"
E
1
7
0
.
3
3
10.00
OUTLOT C
S1
2
°
3
2
'
2
1
"
W
1
8
0
.
0
0
N77°27'39"W
27.77
S1
2
°
3
2
'
2
1
"
W
1
4
9
.
2
2
N68°59
'
4
7
"
W
6
7
.
4
0
S60°1
1
'
3
2
"
W
6
1
.
8
9
N60°5
4
'
4
1
"
W
1
2
3
.
8
3
S89°44'10"W 272.47
10.00
LA
N
E
N
E
132.59 358.1030.69 30.69
48
.
9
4
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A
INSET C
VIERLING RIDGE SECOND ADDITION
Page 1
DEVELOPMENT AGREEMENT
VIERLING RIDGE SECOND ADDITION
PROJECT # PDEV26-000026
This Development Agreement (“Agreement”) is entered into this ___ day of __________, 20____,
by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Pulte Homes of
Minnesota, LLC, a Minnesota limited liability company (“Developer”).
WHEREAS, Developer has acquired property located within the City of Prior Lake, County of
Scott, legally described on Exhibit A (“Property”);
WHEREAS, Developer has applied to the City for Final Plat approval for the construction of
forty-six townhome units, thirty twin home units and fifty-four single-family homes for a total of one
hundred and thirty units.
NOW, THEREFORE, in consideration of the City adopting Resolution No. ____________
(“Resolution”) approving the Final Plat and Final Planned Unit Development (PUD) Plan for Vierling
Ridge Second Addition and the related public improvements on the Property, Developer agrees to
construct, develop and maintain the Property as follows:
Page 2
1. RIGHT TO PROCEED. The City shall not issue a grading or building permit and
Developer shall not grade or otherwise disturb the earth, remove trees, develop, construct upon or maintain
the Property in any manner, or begin the Development Work until all of the following conditions have
been satisfied: 1) this Agreement has been fully executed by all parties and recorded in the office of the Scott
County Recorder or Registrar or Titles as applicable; 2) the necessary Security, 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.
2. PHASED DEVELOPMENT. This Agreement represents approval only of the units
identified above and the related improvements set forth on the final Plat and Plans. It does not represent
approval of any additional development including any proposed future phases. If the final Plat is a phase
of a multi-phased preliminary Plat, the Developer shall submit, in accordance with City Code, a staging plan
for City Council approval which may allow the Developer more than one (1) year to subdivide the Property
into lots and blocks. If the final Plat is a phase of a multi-phased preliminary Plat, the City may refuse to
approve final plats of subsequent phases or other Plats within the City if the Developer has breached this
Agreement or any terms or conditions set out in the Resolution and the breach has not been remedied. In
addition, no other subsequent phases may proceed until the City approves development agreements for such
phases. Fees and charges collected by the City in connection with infrastructure, public improvements and
parkland dedication requirements are not being imposed on outlots, if any, in the final Plat that are designated
in an approved preliminary Plat for future subdivision into lots and blocks. Such charges will be calculated
and imposed when the outlots are subdivided into lots and blocks.
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans identified below, subject
to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this
Agreement but are incorporated by reference and made a part of this Agreement as if fully set forth herein.
Page 3
If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply.
The Plans are:
Plan A -- Vierling Ridge Second Addition Final Plat Set issued for City submittal
(prepared by Alliant Engineering, Inc., dated 10/12/26 and including Cover
Sheet; Details; Existing Conditions & Demo Plan – Overview; Existing
Conditions & Dem Plan – View A – View; Site Plan – Overview; Site Plan –
View A- View D; Site Plan – Notes; Grading & Drainage Plan – Overview;
Grading & Drainage Plan – View A – View D; Grading Details; Erosion &
Sediment Control Plan – Overview; Erosion & Sediment Control Plan – View
A – View D; Vertical Erosion And Sediment Control Plan; Erosion &
Sediment Control Notes and Details; Sanitary Sewer & Watermain Plan –
Overview; Sanitary Sewer & Watermain Plan & Profile; Storm Sewer Plan –
Overview; Storm Sewer Plan & Profile; Intersection Details; Signage Plan;
Landscaping Plan – Overview; Landscaping Plan – View A – View D;
Landscaping Plan – Enlargements & Details
Plan B -- Intersection Sight Distance Exhibit for Leo Lane and Coachman Lane NE;
Coachman Lane NE and Bernard Lane; and Carriage Lane NE and Michael
Way completed by Alliant Engineering, Inc. dated 10/12/26
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, and the City's Public Works
Design Manual (“PWDM”). All improvements and other work required by the Plans, the Developer
Installed Improvements, and such other work as is required by this Agreement, the Resolution or the
parties identified above are hereafter referred to as the "Development Work." Developer shall be
responsible for all costs related to the Development Work.
4. DEVELOPER INSTALLED IMPROVEMENTS.
A. The Developer shall install and pay for the following public improvements which shall be
dedicated or conveyed to the public, and which are hereafter referred to as the “Developer Installed
Improvements”: Water System, Storm Sewer, Streets, Concrete Curb and Gutter, Street Lights, and Site
Grading, Underground Utilities, Traffic Control Signs, Sidewalks, Trails, and Landscaping.
B. Developer shall complete all Developer Installed Improvements and obtain the City’s written
acceptance of the Developer Installed Improvements no later than December 31, 2027.
Page 4
C. As a condition of the City’s acceptance of the Developer Installed Improvements, the
Developer’s engineer shall by written letter certify to the City that the Developer’s engineer made
reasonable inspections of the Developer Installed Improvements and that the Developer Installed
Improvements were built in accordance with this Agreement.
D. Prior to acceptance of the Developer Installed Improvements by the City, Developer shall
post maintenance bonds, in a form acceptable to the City, naming the City as obligee, which secure all
warranties identified in this Agreement. These maintenance bonds shall be in addition to, and not in lieu
of, the Security required by this Agreement.
E. Upon the City’s written acceptance, by City Council Resolution, of the Developer Installed
Improvements, the Developer Installed Improvements shall automatically become property of the City
without further notice or action. The Developer shall be responsible for all maintenance until written
acceptance by the City of the Developer Installed Improvements. The City will not unreasonably delay action
on such resolution.
F. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee,
charge, assessment or consideration, to any party, for connection or access to, or service by, any Developer
Installed Improvement.
5. 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
Plans. The personnel performing the testing shall be certified by the Minnesota Departmen t of
Transportation. The City Engineer, in its reasonable discretion, may determine that additional testing is
necessary. The cost of additional testing is to be paid by the Developer.
6. AS-BUILTS.
A. Within 30 days after the completion of the Developer Installed Improvements Developer
shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue
Page 5
line “as constructed” plans, all prepared in accordance with City standards. In addition, Developer shall
provide the City with an as built grading plan and a certification by a registered land surveyor or engineer
that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The
Security shall not be released until the as-builts have been received by the City. The as-built 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 corners and house pads. The Developer shall also submit a land tabulation
certified by a registered engineer showing that all pads have been corrected in accordance with project
specifications.
B. Upon completion of the project the Developer shall provide the City with as-built utility plans
in electronic format compatible with the City’s current software and with layers, colors, and line-types
formatted in accordance with City standards. Additionally, three (3) full size (22 X 34 inch) paper copies and
one (1) reduced (11 X 17 inch) copy shall be certified and submitted to the City.
7. MONUMENTS. Before the Security is released, Developer shall install iron monuments in
accordance with Minn. Stat. §505.021. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
8. WARRANTY. Developer warrants all Developer Installed Improvements against any
defects, poor material and faulty workmanship for a period of two years after its completion by Developer
and acceptance by the City. Any replacement work shall be so warranted for two years after its completion
by Developer and acceptance by the City. All landscaping, including but not limited to, trees, bushes,
shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after
planting. Any replacements shall be warranted for 12 months after planting of the replacement.
9. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property.
Page 6
10. EROSION CONTROL.
A. Developer shall be responsible for constructing and maintaining all grading, storm
water/drainage infrastructure, and erosion control in compliance with the Plans, the City Engineer’s
requirements, and the individual building/grading plan for each specific lot, until the City has accepted
the Developer Installed Improvements in writing.
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 or within the City approved construction
staging area; 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, the Developer shall remove the silt fences after turf establishment.
D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented
by the Developer and inspected and approved by the City Engineer. 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 shall be reseeded immediately after the completion of the work in
that area. All seeded areas shall be mulched, and disc anchored as necessary for seed retention.
E. No development, utility or street construction will be allowed unless the Property is in full
compliance with the erosion control requirements.
11. CONSTRUCTION ACCESS. Developer shall submit a map identifying construction access
routes and staging areas for review and approval by the Public Works Director. No construction traffic is
Page 7
permitted on Carriage Hill Rd NE or other local streets not in the immediate vicinity of the Property after the
connection with Fountain Hills Drive at CH21 is completed.
12. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. Wetland Buffer Signage must be installed prior to the issuance of any building permits within
the Property and in accordance with the requirements of the Public Works Design Manual (Part III,
Hydrology Rules).
B. No building permits for any building on the property may be issued until water and sanitary
sewer improvements have been installed and said improvements have been inspected and determined by the
City Engineer or his/her designee to be available for use. Up to 15% of the available lot building permits may
be issued once streets are completed to base course. No temporary or permanent Certificate of Occupancy's
shall be issued until streets are completed to wear course and said improvements have been inspected and
determined by the City Engineer or his/her designee to be available for use.
13. CONSTRUCTION OBSERVATION. The City’s authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance with
the PWDM. These services by the City shall include:
A. Construction observation during installation of required Developer Installed Improvements,
which include grading, sanitary sewer, water main, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed Improvements.
C. Field document as-built location dimensions for sanitary sewer, water main and storm sewer
facilities. The Developer’s Engineer is responsible for data collection and preparation of as-built record plans.
D. Erosion Control inspections.
14. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS .
A. Developer shall convey to the City by separate conveyance document, an easement for
sidewalk purposes for the property identified in Plan A.
Page 8
B. Developer shall obtain the City Engineer’s written approval of the form of the conveyance
documents and the location of all easements or fee title conveyances required by this Agreement.
C. With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents
and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has
marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated
Property. Prior to final plat approval, Developer shall provide to the City a current title insurance policy
insuring such a condition of title; (ii) that Developer has not used, employed, deposited, stored, disposed
of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to
42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any
other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any
Hazardous Substances; and (iii) that to the best of its knowledge, Developer warrants that no previous
owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed
in or on the Property any hazardous substances.
D. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs, that
the City incurs because of the breach of any of the above representations or warranties and/or resulting
from or due to the release or threatened release of Hazardous Substances which were, or are claimed or
alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or
allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
15. DEPOSITS/ESCROWS.
Page 9
A. Construction Observation Deposit. Developer shall be responsible for all construction
observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit
with the City or construction observation. If the cash deposit is exhausted, the City Engineer or his/her
designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively,
the City Engineer or his/her designee may invoice the Developer directly for such costs and Developer
shall pay all such invoices within thirty (30) days of receipt. City may cease all work and review of the
Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining
in the cash deposit after the City Council’s final acc eptance of the Developer Installed Public
Improvements shall be returned to the Developer.
16. PARK DEDICATION FEES. Prior to any work occurring on the Property, Developer
shall pay cash park fees as required by City Code in effect as of the date of the PUD approval, as specified
in Exhibit B.
17. FEES. Developer shall pay the fees set forth in Exhibit B prior to any work occurring on
the Property. Such fees 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 such costs. Any costs incurred by the City in excess
of the Administrative Fee shall be the responsibility of the Developer.
B. Construction Observation Deposit. Developer shall make a cash deposit with the City for
construction observation. Any costs incurred by the City in excess of the deposit shall be the responsibility
of the Developer. City shall invoice the Developer for such costs and Developer shall pay all such invoices
within ten (10) days of receipt. Any balance remai ning after the City’s final acceptance of the Developer
Installed Improvements shall be returned to the Developer.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
Page 10
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
18. 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 such time as the City
has accepted the Developer Installed Improvements in writing.
19. OVERSIZING. Oversizing is the construction of a Developer Installed Improvement to City
specifications that exceeds those that would be required of the Developer in order to serve additional
development. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer determines that oversizing is required, the City shall
reimburse the Developer for the costs associated with this work. City and Developer agree that the cost of
system oversizing to be reimbursed to the Developer is based upon a cost estimate by the Developer’s
contractor to be provided by the Developer and approved by the City Engineer and application of the City's
Assessment Policy based on a final engineering design as described in Exhibit B.
20. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision
Ordinance, each residential lot on the Property must have at least two (2) front yard trees. The City shall not
issue a building permit for a lot until two (2) front yard trees are planted or retained and a cash escrow or
letter of credit for the lot in question’s landscaping is provided to the City. The City shall not issue a certificate
of occupancy for a lot until the front yard, boulevard, and side yards to the rear of every structure have been
sodded, weather permitting. If the required landscaping is not installed, the City is granted a right of entry to
enter upon the lot and install the landscaping using the escrowed funds or letter of credit. Upon satisfactory
Page 11
completion of the landscaping on the lot, the escrowed funds less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
21. LANDSCAPING (Special Provisions). Landscaping for the Property shall comply with Plan
D. Developer shall warrant all required trees, whether the trees are to be retained or planted, for one (1) year
from the later of: (i) the planting of the tree; or (ii) the issuance of a certificate of occupancy to the lot upon
which the tree is located. A tree replaced under this warranty shall be warranted an additional year (1) year
from the date of the planting of the replaced tree. In additional to all other security required under this
Agreement, Developer shall provide to the City a cash escrow or letter of credit in the amount specified in
Exhibit B to secure the planting and retainage of the required trees and to secure this warranty. If Developer
fails to plant or retain the required trees or fails to comply with this warranty within 30 days after written
notice thereof to Developer, the City may draw upon the escrowed funds or letter of credit to plant or replace
required trees. Developer may periodically request reductions of the escrowed funds or letter of credit and
the City may approve such a request in an amount of the value of each healthy tree for which the warranty
has expired as determined by the City. No tree plantings shall be placed within five (5) feet of a sanitary
sewer, storm sewer, or water main line. All plantings permitted in public right-of-way/boulevard areas shall
be placed a minimum four (4) feet behind the curb, be of deciduous species (no coniferous species), and be
located outside of a fifty (50) foot sight triangle at street corners.
22. SECURITY.
A. To guaranty compliance with the terms of this Agreement, Developer shall furnish the City
an irrevocable letter of credit or other security deemed acceptable to the City in the following amounts:
i. 125% of projected costs for the Developer Installed Improvements as certified to
by a registered engineer and approved by the City Engineer or his/her designee.
ii. 125% of projected costs for the grading, drainage and erosion control plan,
including storm water calculations from proposed impervious surfaces as certified
by a registered engineer and approved by the City Engineer or his/her designee.
Page 12
iii. 125% of projected costs for the landscape plan as certified by a registered engineer
and approved by the City Engineer or his/her designee.
B. This breakdown is for historical reference; it is not a restriction on the use of the Security.
C. The irrevocable letter of credit or other security deemed acceptable to the City is referred
to throughout this Agreement as the “Security.” The Security shall be in the form attached hereto as Exhibit
C, from a bank approved by the City. The bank shall be authorized to do business in the State of Minnesota.
The Security shall extend through completion and acceptance (including the expected warranty period) by
the City of the Development Work.
D. In the event that Developer fails to comply with the terms of this Agreement within 30 days
after written notice thereof to Developer, the City may draw on the Security in whole or in part without
notice by delivering or mailing by certified mail to the issuer a statement identifying the amount of the
draw and reason for the draw. Notwithstanding the foregoing, the City may draw on the Security in whole
or in part without notice in an emergency situation, including, but not limited to, a sewer or water leak.
In addition, if the Development Work is not completed at least 30 days prior to the expiration of the
Security, the City may draw on the Security in the same manner. The City shall not be under any
obligation to cure any breach of the terms of this Agreement with the proceeds from the Security, but may,
at the City’s sole option, cure the breach or retain the proceeds from the Security until Developer cures
the breach. In the event the breach is fully cured by Developer, the City shall then release to Dev eloper
such retained draw proceeds, less any expenses incurred by the City as a result of the breach (including
but not limited to engineer’s, attorney’s, and other consultant fees and costs).
E. If the City makes a draw on the Security, Developer shall immediately replenish the
Security to an amount sufficient to cure any breach plus 125% of the cost of all Development Work then
remaining for which the Security was required.
F. The City Engineer or his/her designee may, from time to time, and only if Developer is
otherwise in compliance with all terms of the Agreement, approve a reduction in the amount of the
Page 13
Security based upon work completed. The City shall at all times throughout construction and the Warranty
Period maintain a minimum of $50,000 or 25% of the Development Work for which Security was required,
whichever is greater.
23. 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.
C. Developer agrees that any damage to public property occurring as a result of construction
activity on the Property shall be repaired immediately if deemed to be an emergency by the City.
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.
24. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by
Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the
Property unless Developer has obtained easements over adjacent property to perform work thereon. 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, rights-of-way, or easements.
25. 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
Page 14
obligation imposed upon the Developer pursuant to this Agreement, City shall give 72 hour notice of such
violation in order to allow a cure of such violation, provided however, City need not issue a building or
occupancy permit for construction or occupancy on the Property while such a violation is continuing,
unless waived by City. 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 a designee.
26. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents from and
against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages
and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's
consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its
responsibilities to release, defend and indemnify because of any inspection, review or approval by City.
27. 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 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.
28. 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,
Page 15
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 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, a lease to a commercial or residential tenant does not
require approval by City Council and is not an event of default, and the sale of a lot, except an outlot, to a
builder is not an event of default); (5) failure to correct any warranty deficiencies; (6) failure by the Developer
to reimburse the City for any costs incurred by the City or to pay when due the payments required to be paid
or secured in connection with this Agreement; (7) failure by the Developer to renew the Security at least thirty
(30) days prior to its expiration date; (8) receipt by the City from the Developer’s insurer of a notice of pending
termination of insurance; (9) failure to maintain a current insurance certificate on file with the City meeting
City requirements; (10) failure to maintain the required 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 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.
Page 16
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 development 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. Suspend the release of any escrowed dollars.
6. Use of escrow dollars or other security to satisfy any outstanding financial obligations
to the City including but not limited to all real estate property taxes, utility charges, and assessments with
respect to the property;
7. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the Property and cure the default, including but not limited to, completion of the Development Work.
When the City does any such work all costs incurred by the City in performing such work shall be recoverable
by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its
other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the
Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments
under Minnesota Statutes Section 429.081.
C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of
Default not less than 48 hours prior to curing the default or exercising a remedy, or such other period of time
as the City, in its sole discretion, deems reasonable under the circumstances. If, in the City’s judgment, an
Event of Default results in a threat to the public health, safety or welfare, the City may act to correct the
default without notice.
Page 17
D. Election of Remedies. No remedy conferred in this Agreement is intended to be exclusive
and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more
remedies shall not constitute a waiver of any other remedy. The City may, but is not obligated to, exercise
any of the remedies referred to in this paragraph 27.
29. 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 certified mail at the following address: 815
NW Parkway #140, Eagan, MN 55121. 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, 4646 Dakota Street SE, Prior Lake, Minnesota 55372. Concurrently
with providing notice to the City, Notice(s) shall be served upon the City Attorney David Kendall, Campbell
Knutson, 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.
30. 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
Page 18
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.
31. 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’s approval of the Final Planned Unit Development Plan shall seek recourse
against the Developer or the Developer’s agents. In all such matters, including court actions, the Developer
agrees that the indemnification and hold harmless provisions set out in Paragraph 29 shall apply to said
actions. This Agreement is a contract agreement between the City and the Developer. No provision of this
Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such
person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise
give rise to any cause of action for any person not a party hereto.
32. 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, a policy of insurance with limits for bodily injury and death of not less
than $1,000,000.00 per person and $2,000,000.00 for each occurrence; limits for property damage shall
be not less than $2,000,000.00 for each occurrence; or a combination single limit policy of not less than
$2,000,000.00. 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.
33. DEVELOPMENT AGREEMENT: The 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 PUD Plan shall be considered void if the Agreement is not recorded within the 90 days provided for
Page 19
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.
34. RECONSIDERATION OR RESCISSION: If Developer fails to proceed in accordance
with this Agreement within twelve (12) 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.
35. 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 Zoning Ordinance and State Statutes. The City shall
not be responsible for any damage to, or loss of, signs removed.
36. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that in performing all
work under this Agreement, Developer 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 determines the Developer is not in compliance, the City may, at its option, refuse to
allow construction or development work on the Property until the Developer does comply. Upon the City's
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.
Page 20
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, which consent shall not be unreasonably withheld, conditioned or delayed,
provided Developer shall have the right to assign this Agreement to Developer’s lender as collateral
security for any construction or permanent financing relating to the Project. The Developer's obligation
hereunder shall continue in full force and effect even if the Developer sells the Property, or any part of it.
G. Interpretation. This Agreement shall be interpreted in accordance with and governed by the
laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference
to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section
or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be
disregarded in constructing or interpreting any of its provisions.
H. Successors and Assigns. Provisions of this Agreement shall be binding upon and
enforceable against Developers 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.
Page 21
K. Exhibit A. The Developer hereby irrevocably nominates, constitutes, and appoints and
designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after completing an administrative land combination.
37. PLANNED UNIT DEVELOPMENT. The Property is being developed as a Planned Unit
Development. The City Council has found that the proposed development of the Property is in compliance
with Chapter 10, Article IV, Division 4, Planned Unit Developments, of Prior Lake City Code. The
Property shall be developed in compliance with Resolution No. 26-135 dated September 22, 2026, and
the plans approved by that Ordinance and Resolution.
38. LENDER NOTICE. If at any time the City shall declare an event of default or a default
under this Agreement, the City will give Developer’s lender a notice addressed pursuant to written
instructions that have been provided to the City in the manner provided in Section 28 herein, which notice
shall specify the nature of the default. Lender shall have the right to cure the default within the period
provided under the terms of this Agreement.
39. ESTOPPEL. Upon request of any mortgage lender, the City agrees to provide a certificate,
as of the date of the certificate, the status of the following:
(a) Whether default or event of default by Developer exists under the terms of this Agreement
or any other approvals for the Property;
(b) Whether this Agreement has been amended or modified in any respect, or whether any
material provision thereof has been waived by the City or the Developer, and whether this Agreement and
the approvals for the Property are in full force and effect.
40. FORCE MAJEURE EVENT. No Party shall be liable or responsible to the other Party,
nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling
or performing any term of this Agreement (except for any obligations to make payments to the other Party
hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the
Page 22
affected party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire,
earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or
acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect
on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional
emergency; and (h) strikes, labor stoppages or slowdowns, or other industrial disturbances (herein referred
to as “Force Majeure Event”). The party suffering a Force Majeure Event shall give notice within ten
(10) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is
expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such
Force Majeure Event are minimized.
41. RELEASE. Upon completion and approval of all work required herein, including completion
of the Developer Installed Improvements and acceptance of the Developer Installed Improvements to be
transferred to the City, and satisfaction of all of the Developer’ s respective obligations under this
Agreement, the City agrees to execute an instrument releasing the Property from the terms of this
Agreement.
Page 23
CITY OF PRIOR LAKE
By:
Kirt Briggs, Mayor
By:
Jason Wedel, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of ____________, 20____,
by Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City of Prior Lake, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
________________________________
NOTARY PUBLIC
Page 24
PULTE HOMES OF MINNESOTA, LLC
By: ________________________________
Chad Onsgard
Its: Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ____________, 20____,
by Chad Onsgard, Manager, of Pulte Homes of Minnesota, LLC, a Minnesota Limited Liability Company,
on behalf of the company.
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 25
MORTGAGEE CONSENT
TO
DEVELOPMENT AGREEMENT
_____________________, which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall
remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 20__.
DRP CONCORD 10, LLC
By: ________________________________
Its: _______________________________
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of ________________, 20__,
by , the of ,
on behalf of .
________________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 26
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
Legal Description of Property
Outlots C and D, VIERLING RIDGE, according to the recorded plat thereof, Scott County, Minnesota.
Page 27
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
Page 28
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
Page 29
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
Page 30
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
Page 31
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
Page 32
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
Deposit/Escrow Amt Per Total
Construction Observation Deposit 8% of Public Improvements = $227,815.00
TOTAL Deposit/Escrow = $227,815.00
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $170,861.00
Park Dedication Fee $3,750.00 X 130 Units = $487,500.00
Trunk Sewer Acreage Charge $5,975.00 X 29.718 Acres = $177,565.00
Trunk Water Acreage Charge $3,600.00 X 29.718 Acres = $106,985.00
Trunk Stormwater Acreage Charge $5,300.00 X 29.718 Acres = $157,505.00
Street Seal Coat Fee $2.25 X 14,535 Sq Yds = $32,704.00
TOTAL Fee = $1,133,120.00
Security - Developer Installed Improvements Total
Sanitary Sewer = $486,175.23
Water Main = $581,708.61
Storm Sewer = $546,538.72
Streets/Sidewalks/Trails = $1,233,263.59
Landscaping = $126,700.00
Subtotal = $2,974,386.15
TOTAL Letter of Credit (rounded) 125% of Subtotal = $3,717,983.00
Page 33
EXHIBIT C
SAMPLE IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
By order of our client [name and address of client] we hereby issue our standby irrevocable Letter of Credit for the
account of the [insert name of client] for an amount or amounts not to exceed in the aggregate U.S. Dollars $
___________________________ (__________________ Thousand and No/100 U.S. Dollars) effective immediately and
expiring at our [insert address of office] on [insert date] relative to our client’s performance under that certain contract
entitled [insert name of contract/development agreement, etc.] dated [insert date of contract].
Funds under this Letter of Credit are available against your sight draft(s) on us, for all or part of this Letter of Credit,
mentioning thereon our Credit No.______. Each such draft must be accompanied by your signed written statement to the
effect that [name of client] has failed to comply with the terms and conditions of the above mentioned contract.
Presentation will also be deemed made upon our receipt of your telecopier transmission to us at (FAX NUMBER
[insert fax number] _____________________) of a facsimile of the appropriate sight draft and written statement completed
and signed, together with your telephone advice to us at (TELEPHONE NUMBER [insert telephone number]
_________________________________) or such other number as we shall specify to you in writing) of your sending the
above-described telecopier transmission. Failure to make the telephone advice will not impair the validity of the
presentation. If presentations are made by facsimile the original documents are not required.
In the event that at least thirty (30) days prior to the expiry date listed above, this Letter of Credit is not extended
for a period of at least one year or has not been replaced with a substitute Letter of Credit acceptable to you, this Letter of
Credit is also payable to you upon presentation to us of your written statement mentioning thereon our Credit No.[insert
number] ____ and stating “Letter of Credit No. [insert number] __________ has not been extended for a period of at least
one year from the present expiration date and has not been replaced with a substitute Letter of Credit acceptable to us.”
This letter of credit shall automatically extend for successive one-year terms unless at least forty-five days
prior to the next annual extension date of [insert day and month of renewal] ________________ of such year, we deliver
written notice by registered mail or overnight courier to the City that we intend not to extend the letter of credit for any
additional period. If such notice is delivered and the letter of credit has not been replaced with a substitute letter of credit
acceptable to you by the date of said notice, this letter of credit is also payable to you upon presentation to us of your written
statement mentioning thereon our Letter of Credit No. [insert number] ______________ and stating “Notice of
Modification, Cancellation or Non-Extension of Letter of Credit No. [insert number]_________________has been received
and the letter of credit has not been replaced with a substitute letter of credit acceptable to us.
If we receive your sight draft(s) and statement(s) as mentioned above, here at our address [insert address], on or
before the expiry date of this Letter of Credit, we will promptly honor the same. If an interruption of our business occurred
as a result of an Act of God, riots, civil commotion, insurrections, wars or any other causes beyond our control, as described
in Article 36 of the Uniform Customs and Practices for Documentary Credits, UCP600 2007 which prevented us from
accepting and/or paying you on this Letter of Credit, we undertake upon resumption of our business to accept drafts and pay
on this Letter of Credit provided your draft is presented prior or during our business interruption or no later than thirty (30)
days following resumption of our business.
This Credit is subject to the Uniform Customs and Practices for Documentary Credits, UCP600 2007.
Very Truly Yours,
[Signature of Issuer]