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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
AUGUST 21,2006
5N
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PUD
PLAN AND CONTRACT FOR THE DEVELOPMENT OF LAND AS A
PLANNED UNIT DEVELOPMENT FOR HICKORY SHORES
Introduction
Tollefson Development has applied for approval of a development to be known
as Hickory Shores on the property located at on the south side of TH 13 and
north and west of Crystal Lake and Rice Lake. The proposal calls for a
residential development consisting of 80 single family homes and 38
townhouses, along with parks and trail on a total of 80 acres.
Historv
On May 15, 2006, the City Council adopted Ordinance #106-07 amending the
Zoning Ordinance to designate this 80 acres as a Planned Unit Development.
The ordinance listed the elements of the PUD as follows:
a. The PUD is a single family development consisting of 80 lots for single
family homes and 38 town home lots. The PUD plan provides a
minimum of 27.44 acres of park to be dedicated to the City, 6.35 acres
of conservation easements over wooded areas, and the funds to
construct a fishing pier.
b. The total number of units on the site will not exceed 118.
c. Density and impervious surface within the Shoreland Tiers must not
exceed the totals identified on the plans dated April 14, 2006.
d. As part of the park development, the developer is responsible for
grading, topsoil, turf establishment and construction of the trails to the
specifications provided by the City.
e. As part of the development of the site, the Developer will construct the
connection of Ida Circle from the existing Crystal Addition development
to Hickory Shores, which will eliminate an access to TH 13.
f. The Developer will dedicate a drainage and utility easement for the
future construction of the CSAH 12 and TH 13 intersection.
g. The elements of the plan will be as shown on the plans dated April 14,
2006, except for modifications approved as part of the final PUD plan.
The ordinance also required the following conditions be incorporated into the
final plans. The developer's progress in meeting each of these requirements
in shown in bold lettering:
a. The developer must obtain the required permits from any other state or
www.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
local agency prior to any work on the site. Completed.
b. Revise the plans to address all of the Engineering comments in the
memorandum from Assistant City Engineer Larry Poppler dated March
9, 2006. All grading, hydrology and stormwater issues must be
addressed prior to any grading on the site. In progress.
c. The easement for the stormwater pond on the Gold property to the
south must be executed and recorded prior to any grading on the site.
Completed.
d. The developer must provide a copy of the conservation easements,
along with detailed specifications of how this area will be delineated on
the site. A graphic and legal description of the easements has
been provided. The easement documents have not been
submitted to the City for review.
e. As part of the final PUD plan, provide a table which will enable staff to
track the impervious surface on the site. Overall impervious surface
may not exceed the percentages shown on the plans. This has not
been provided.
f. As part of the park development, the developer is responsible for
grading, topsoil, turf establishment and construction of the trails to the
specifications provided by the City. In the area where a boardwalk will
be utilized, the developer must escrow the cost of this boardwalk, which
will be constructed by the City. This will be included in the required
development contracts.
g. The developer must submit a cash contribution in an amount
determined by the City for the fishing pier as part of the development
contract. This will be included in the required development
contract.
h. Provide street names unique to the City street naming system for all
streets. Completed.
i. The developer must submit a Letter of Credit in an amount equal to
125% of the cost of the required replacement trees prior to any grading
on the site. Completed.
The Planning Commission considered the final PUD plan at a public hearing
on August 14, 2006. The Planning Commission recommended approval of the
final PUD plan, subject to the following conditions:
1. All remaining conditions of approval must be addressed before the final
PUD plan and final plat are considered by the City Council.
2. The PUD Development Contract must be signed by the developers and
approved by the City Council.
3. The Final Plats and Development Contracts must be approved by the City
Council.
Current Circumstances
The final PUD plan includes the first phase of this development. The second
phase is identified as an outlot on the final plat. A separate final PUD plan
application is required when the second phase is platted.
The first phase of the PUD includes lots for 38 townhomes and the townhome
common area, 36 single family homes and the parkland.
Parks: Parks are a major component of this proposal. The plan includes
27.44 acres of land which will be dedicated to the City. Of this land, 15.53
acres are the strip located along the shoreline. The remaining 11.25 acres is
located on the west side of the site. This area is part of a significant wetland
complex, which will be preserved as a natural area as a result of this
dedication.
The plan also proposes a fishing pier on the south side of Crystal Lake, with
access to the trails along the lake. The pier will be located in the deepest area
of Crystal Lake to provide recreational fishing opportunities. The developer is
proposing to provide the money for the pier; the City will be responsible for the
actual construction. The developers are also responsible for grading, topsoil,
turf establishment and construction of the trails. In addition, the developers will
provide a cash escrow for the construction of the necessary boardwalk
included in the trail. The collection of the required escrows and cash
contribution will be included in the PUD development contract.
The final plat does not dedicate all of the required parkland. The park located
in the southeast corner of the site, in what will be the second phase of the
PUD, is included as part of a larger outlot. All of the parkland must be
dedicated with the first phase.
LandscaDina:. The developer has submitted a landscaping plan for the
development. The landscaping plan provides for a minimum of 2 front yard
trees per lot, the required perimeter trees for the townhome portion of the
subdivision, and also provides for the necessary replacement trees. The sizes
and species of the proposed landscaping are consistent with the Zoning
Ordinance requirements.
ImDervious Surface: A table listing the maximum impervious surface has not
yet been provided. This table will enable the staff and the builders to keep
track of the impervious surface as it is constructed, and to ensure there is no
question about the application of the setbacks.
Conservation Easements: In order to meet the minimum open space
requirements, the developer is providing a conservation easement over 6.35
acres. The conservation easement area is to be delineated by fences and
signage. The developer has provided the City with a graphic and legal
descriptions for these areas, but has not provided the actual easement
documents. The plan must also specifically address the fencing and signage.
Staff has reviewed the final PUD plan and finds it to be in substantial
compliance with the approved preliminary PUD and preliminary plat.
ISSUES:
The principal requirements for final PUD plan approval include satisfaction of
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
Reviewed by:
all the preliminary plan conditions and a signed Contract for the Development
of Land as a Planned Unit Development. In this case, the contract includes
surety for construction of a boardwalk and the fishing pier.
Approval of this final PUD plan facilitates the approval of the final plats and will
allow construction of new dwelling units, which will contribute to the City's tax
base.
The City Council has the following alternatives:
1. Adopt the resolution approving the final PUD plan and the Contract for
Development of Land as a Planned Unit Development for Hickory Shores.
2. Deny the resolution approving the final PUD plan.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1.
1. A motion and second to adopt a resolution approving the final PUD plan for
Hickory Shores, and authorizing the Mayor and City Manager to sign the
Contract for the Development of Land as a Planned Unit Development.
.,
~
(;:..,,,~ \ Maintenance Center
t:O~ 17073 Adelmann Street S.E.
U l'rl Prior Lake, Minnesota 55372
\, ~ ) RESOLUTION 06-144
~NNES~
A RESOLUTION TO APPROVE A PLANNED UNIT DEVELOPMENT FINAL PLAN AND CONTRACT
FOR DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
HICKORY SHORES
Motion By:
Second By:
WHEREAS, Tollefson Development, Inc. has submitted an application for a Planned Unit
Development Final Plan to be known as Hickory Shores; and
WHEREAS, The Prior Lake Planning Commission considered the proposed Final PUD Plan on
August 14,2006; and
WHEREAS, The Planning Commission found the Final PUD Plan to be in substantial compliance
with the approved preliminary plan and recommended approval of the Final PUD Plan;
and
WHEREAS, The Prior Lake City Council considered the proposed Final PUD Plan on August 21,
2006; and
WHEREAS, The City Council finds the Final PUD Plan in substantial compliance with the approved
Preliminary PUD Plan; and
WHEREAS, The City Council finds the PUD Final Plan is compatible with the stated purposes and
intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance.
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 Planned Unit Development Final Plan is hereby approved subject to the following conditions
a) All remaining conditions of approval must be addressed before the final PUD plan and final plat
are considered by the City Council.
b) The PUD Development Contract must be signed by the developers and approved by the City
Council.
c) The Final Plat and Development Contract must be approved by the City Council.
3. The Mayor and City Manager are hereby authorized to execute the Contract for Development of
Land as a Planned Unit Development on behalf of the City.
PASSED AND ADOPTED THIS 21ST DAY OF AUGUST, 2006.
YES
NO
Haugen
Dornbush
Erickson
leMair
Millar
Haugen
Dornbush
Erickson
leMair
Millar
Frank Boyles, City Manager
\AJ\.\lWt,c:ityofpriorlake. com
Phone 952.440.9675 / Fax 952.440.9678
CONTRACT FOR DEVELOPMENT OF LAND AS A PLANNED UNIT
DEVELOPMENT IN THE CITY OF PRIOR LAKE, MINNESOTA, TO BE
KNOWN AS HICKORY SHORES
THIS CONTRACT, made and entered into as of the 21 st day of August, 2006, by
and between the City of Prior Lake, (hereinafter "CITY") a municipal corporation
organized under the laws of the State of Minnesota and Tollefson Development, Inc., a
Minnesota Corporation (the "DEVELOPER").
RECITALS
WHEREAS, DEVELOPER is duly organized to do business in the State of
Minnesota and owns the PROPERTY within the City of Prior Lake; Scott County,
Minnesota legally described in attached Exhibit A, and
WHEREAS, DEVELOPER desires to develop the PROPERTY legally described
and depicted in Exhibit A ("DEVELOPMENT PROPERTY"); and
WHEREAS, the City has approved a preliminary plat and final plat for the
DEVELOPMENT PROPERTY, which approval is subject to certain conditions including
the Developer enter into the City's standard development contract; and
WHEREAS, DEVELOPER has made application to City Council for approval to
develop the DEVELOPMENT PROPERTY as a Planned Unit Development (Planned
Unit Development); and
WHEREAS, on May 15, 2006, the DEVELOPER received approval of a
preliminary Planned Unit Development plan and a preliminary PLAT for the
development known as Hickory Shores; and
WHEREAS, on July 24, 2006, the DEVELOPER completed an application for
approval of Final Planned Unit Development; and
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WHEREAS, the CITY has granted preliminary Planned Unit Development
approval and final Planned Unit Development approval to the DEVELOPER subject to
certain conditions including that the DEVELOPER enter into this CONTRACT and meet
all of the terms and conditions hereafter set forth; and
WHEREAS, under authority granted pursuant to Minnesota Statutes Chapter 462
and the Zoning Ordinance of the City of Prior Lake the CITY COUNCIL has agreed
subject to the terms and conditions set forth herein, to approve the final Planned Unit
Development FINAL PLANS.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, the sufficiency of which is not disputed, it is hereby agreed
as follows:
1. RECITALS
The Recitals set forth above are herein incorporated as if fully set forth.
2. PURPOSE OF CONTRACT
2.1 The purpose of this Contract is to set out the terms and conditions pursuant to
which the City Council of the City of Prior Lake grants its approval for the
Developer to develop the Development Property as a Planned Unit Development.
The terms and conditions set forth herein are intended to promote and protect the
orderly development of land within the City and to assure that the development of
the Development Property is done in a manner to protect and preserve the health,
safety and welfare of the citizens and property within the City.
2.2 This CONTRACT is intended to achieve the following objectives:
a) To insure compliance with the purpose, requirements and criteria set forth
in Section 1106 in the Zoning Ordinance for a Planned Unit Development.
b) To clarify the rights and responsibilities of the parties to this CONTRACT.
c) To incorporate, as an integral part of this CONTRACT, a Developers
Contract dated August 21, 2006 by and between the CITY and
DEVELOPER relating to the Final PLAT of Hickory Shores.
3. FINDINGS
3.1 The City Council adopted Ordinance No. 106-07 rezoning the subject site as the
Hickory Shores Planned Unit Development (PUD).
3.2 Ordinance No. 106-07 lists the elements of the PUD, and adopts findings
consistent with Section 1106.200 of the Zoning Ordinance.
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3.3 The final Planned Unit Development plan is consistent with the goals and
objectives of a Planned Unit Development as specified in Section 1106 of the
Zoning Ordinance and in Ordinance No. 106-07.
4. DEFINITIONS, RULES OF INTERPRETATION, AND EXHIBITS
4.1 Definitions
In this CONTRACT the following terms shall have the following respective
meanings unless the context hereof clearly requires otherwise:
4.1.1 "APPROVED FINAL PLAN" means all those plans, specifications,
drawings and surveys attributable to the DEVELOPER and the
DEVELOPER INSTALLED PUBLIC IMPROVEMENTS listed in
Exhibit D.
4.1.2 "CITY" means the City of Prior Lake, a governmental subdivision of the
State of Minnesota.
4.1.3 "CITY ATTORNEY" means the City Attorney of the City of Prior Lake.
4.1.4 "CONTRACT" means this Contract for Development of Land as a
Planned Unit Development in the City of Prior Lake, Minnesota, and all
referenced and incorporated exhibits by and between CITY and
DEVELOPER, as the same may be from time to time modified, amended
or supplemented.
4.1.5 "DEVELOPER" means Tollefson Development, Inc., heirs, successors
and assigns.
4.1.6 "DEVELOPER INSTALLED IMPROVEMENTS" means all those
improvements listed in Exhibit D.
4.1.7 "DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS"
means the contracts titled Development Contract for the Hickory Shores,
and signed by and between the DEVELOPER and the CITY required as a
condition for the construction of all required public improvements related
to this development.
4.1.8 "DEVELOPMENT PLAN" means the final Planned Unit Development
plans approved by the Council attached as Exhibit B.
4.1.9 "INCLUDING" means including, but not limited to.
4.1.10 "PLAT" means the final plat and all related documents approved by the
CITY.
4.1.11 "PROJECT" means the development of Hickory Shores pursuant to the
terms and conditions of the approved final Planned Unit Development, the
approved final PLAT and this CONTRACT.
4.1.12 "PROPERTY" means the real property, together with improvements, if
any, described in Exhibit A.
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4.2 Exhibits
The following exhibits are attached hereto, incorporated by reference and made a
part of this CONTRACT as if fully set forth herein.
4.2.1 Exhibit A - Legal Description of Development PROPERTY
4.2.2 Exhibit B - Approved Final Planned Unit Development Plans
4.2.3 Exhibit C - City Council Resolution 06-144 approving the Final Planned
Unit Development Plans and the CONTRACT FOR THE
DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT
4.2.4 Exhibit D - Developer Installed Improvements
5. SCOPE OF PROJECT
5.1 The PROJECT to be known as Hickory Shores consists of 80 acres legally
described as shown on Exhibit A. The PROJECT includes 80 lots for single
family dwellings, 38 townhouse lots and 1 lot for the townhouse common area, as
well as parkland and open space. The required elements of the project are:
5.1.1 The PUD is a single family development consisting of 80 lots for single
family homes and 38 townhome lots. The PUD plan provides a minimum
of 27.44 acres of park to be dedicated to the City, 6.35 acres of
conservation easements over wooded areas, and the funds to construct a
fishing pier.
5.1.2 The total number of units on the site will not exceed 118.
5.1.3 Density and impervious surface within the Shoreland Tiers must not
exceed the totals identified on the plans dated April 14, 2006.
5.1.4 As part of the park development, the developer is responsible for grading,
topsoil, turf establishment and construction of the trails to the
specifications provided by the City.
5.1.5 As part of the development of the site, the Developer will construct the
connection of Ida Circle from the existing Crystal Addition development
to Hickory Shores, which will eliminate an access to TH 13.
5.1.6 The Developer will dedicate a drainage and utility easement for the future
construction of the CSAH 12 and TH 13 intersection.
5.2 The DEVELOPER shall furnish the CITY with a cash fee of $15,000.00 for the
construction of a fishing pier. The required fee will be paid prior to the release of
the FINAL PLAT documents.
6. DEVELOPER REPRESENTATIONS
6.1 DEVELOPER represents and warrants that neither the execution and delivery of
this CONTRACT, the consummation of the transactions contemplated hereby, nor
the fulfillment or the compliance with the terms and conditions of this
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CONTRACT is prevented or limited by, or in conflict with or will result in breach
of, the terms, conditions or provisions of any restriction of DEVELOPER, or
evidence of indebtedness, contract or instrument of whatever nature to which
DEVELOPER is now party or by which it is bound or will constitute a default
under any of the foregoing.
6.2 DEVELOPER agrees to hold harmless, indemnify and defend CITY, its Council,
agents, employees and CITY ATTORNEY against any claims or actions brought
as a result of DEVELOPER's performance under this CONTRACT or as a result
of alleged actions or omissions on the part of DEVELOPER, its employees or
agents.
7. RELEASE. HOLD HARMLESS AND INDEMNIFICATION
7.1 DEVELOPER releases from and covenants and agrees that CITY, its City
Council, officers, agents, servants, attorneys and employees thereof (hereinafter
for purposes of this paragraph, the "indemnified parties") shall not be liable for
and agrees to indemnify and hold harmless the indemnified parties against any
loss or damage to PROPERTY or any injury to or death of any person occurring at
or about or resulting from any defect in the PROPERTY, development of
PROPERTY or DEVELOPER IMPROVEMENTS.
8. EVENT OF DEFAULT
8.1 Event of Default Defined. Event of default is anyone or more of the following
events:
8.1.1 Failure by DEVELOPER to timely pay all real property taxes assessed
with respect to the PROPERTY;
8.1.2 Failure to construct the DEVELOPER's Improvements pursuant to the
terms, conditions and limitations of the DEVELOPMENT CONTRACT
FOR PUBLIC IMPROVEMENTS;
8.1.3 Failure by DEVELOPER to observe or perform any covenant, condition,
obligation or contract on its part to be observed or performed under this
CONTRACT;
8.1.4 Transfer of any interest in the development;
8.1.5 Failure by DEVELOPER to reimburse CITY for any costs increased by
CITY in connection with this CONTRACT, including the enforcement
thereof; including, but not limited to engineering fees, inspection and
testing fees, attorney fees and other professional fees.
8.2 Remedv UDon Event of Default. Whenever an event of default occurs, the
CITY after providing DEVELOPER notice as provided in paragraph 15, and may
take anyone or more of the following actions:
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8.2.1 CITY may cancel and rescind this CONTRACT.
8.2.2 CITY may draw upon and/or bring an action upon any or all of the
securities including but not limited to the Irrevocable Letter of Credit, the
Payment Bond, the Performance Bond or the Warranty Bond provided to
CITY pursuant to the Development Contract for the PLAT of Hickory
Shores.
8.2.3 CITY may take whatever action, including legal or administrative action,
which may be necessary or desirable to CITY to collect any payments due
under this CONTRACT or to enforce performance and/or observance of
any obligation, contract or covenant of DEVELOPER under this
CONTRACT.
8.2.4 CITY may suspend issuance of Building Permits and/or Occupancy
Permits on DEVELOPER's lots.
8.2.5 CITY may draw upon the Irrevocable Letter of Credit provided pursuant to
the Development Contract for the PLAT of Hickory Shores if CITY
receives Notice that the bank elects not to renew the Irrevocable Letter of
Credit.
8.3 Whenever an Event of Default occurs and CITY shall employ attorneys or incur
other expenses, including employment of experts, for the collection of payments
due or to become due or for the enforcement or performance or observance of any
obligation or contract on the part of DEVELOPER herein contained,
DEVELOPER agrees that it shall, on demand thereof, pay to CITY the reasonable
fees of such attorneys and such other expenses so incurred by CITY.
8.4 Nonexclusive Remedv. None of the actions set forth in this Section are exclusive
or otherwise limit the CITY in any manner.
9. WAIVER
Failure of the CITY at any time to require performance of any provision of this
CONTRACT shall not affect its right to require full performance thereof at any
time thereafter and the waiver by the CITY of a breach of any such provision shall
not be taken or held to be a waiver of any subsequent breach thereof or as
nullifying the effectiveness of such provision.
10. ASSIGNMENT
10.1 DEVELOPER represents and agrees for itself, its heirs, its successors and assigns
that DEVELOPER has not made or created and that it will not make or create or
suffer to be made or created any total or partial sale, assignment, conveyance or
any trust or power to transfer in any other mode or form of or with respect to this
CONTRACT or in DEVELOPER without the prior written approval of the CITY.
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10.2 The DEVELOPER may not transfer or assign this CONTRACT without the prior
written permission of the CITY COUNCIL of the City of Prior Lake. The
DEVELOPER's obligations hereunder shall continue in full force and effect, even
if the DEVELOPER sells one or more lots, the entire PLAT, or any part thereof.
11. PERMITS
11.1 The DEVELOPER shall obtain all necessary approvals, permits and licenses from
the CITY, and any other regulatory agencies and the utility companies. If any of
the entities request a change to the APPROVED FINAL PLANS submitted for
review, the DEVELOPER shall submit these changes to the CITY for approval.
11.2 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.
11.3 The DEVELOPER's shall defend and hold the CITY harmless from any action
initiated by the other regulatory agencies and the utility companies resulting from
such failures of the DEVELOPER.
12. RECORDING
12.1 This CONTRACT shall be recorded by DEVELOPER within ninety (90) days
from approval of the Resolution approving the Final Planned Unit Development
and Final PLAT, and all terms and conditions of this CONTRACT shall run with
the land herein described, and shall be binding upon the heirs, successors,
administrators and assigns of the DEVELOPER. The DEVELOPER shall provide
and execute any and all documents necessary to implement the recording. If there
be more than one developer, references herein to DEVELOPER shall mean each
and all of them.
12.2 All recording fees, if any, shall be paid by the DEVELOPER.
13. NOTICE
13.1 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:
Tollefson Development, Inc.
20520 Keokuk A venue
Suite #200
Lakeville, MN 55044
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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, 17073 Adelmann Street, Prior Lake,
Minnesota 55372-1714. Concurrent with providing Notice to the CITY, Notice(s)
shall be served upon the CITY ATTORNEY Suesan Lea Pace, Esq. at Halleland
Lewis Nilan Sipkins & Johnson, Pillsbury Center South, 220 South Sixth Street,
Suite 600, Minneapolis, Minnesota, 55402-4501.
13.2 The Notice period shall be fifteen (15) calendar days.
13.3 The Notice shall state a time by which the default must be cured. The time the
CITY gives the DEVELOPER shall be determined in the sole discretion of the
CITY; however, such time shall be a reasonable time.
14. MODIFICATIONS OR AMENDMENT
This CONTRACT may be amended by the parties hereto only by written
instrument executed in accordance with the same procedures and formality
followed for the execution of this CONTRACT.
15. PROOF OF TITLE
DEVELOPER shall furnish a title opinion or title insurance commitment
addressed to the CITY demonstrating that DEVELOPER is the fee owner or has a
legal right to become fee owner of the PROPERTY upon exercise of certain rights
and to enter upon the same for the purpose of developing the PROPERTY.
DEVELOPER agrees that in the event DEVELOPER's ownership in the
PROPERTY should change in any fashion, except for the normal process of
selling or conveying lots, prior to the completion of the PROJECT and the
fulfillment of the requirements of this CONTRACT, DEVELOPER shall
forthwith notify the CITY of such change in ownership and seek the CITY's
approval to transfer the responsibility under this CONTRACT. Any change in
ownership shall not release DEVELOPER from any of its obligations under this
CONTRACT, unless or until the CITY has approved transfer of this CONTRACT
and then only to the extent agreed to by the CITY.
16. HEADINGS
Headings at the beginning of paragraphs herein are for convenience of reference,
shall not be considered a part of the text of this CONTRACT and shall not
influence its construction.
17. SEVERABILITY
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In the event any provisions of this CONTRACT shall be held invalid, illegal, or
unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
18. CONSTRUCTION
This CONTRACT shall be construed in accordance with the laws of the State of
Minnesota.
IN WITNESS WHEREOF, CITY and DEVELOPER have caused this
CONTRACT to be duly executed on the day and year first above written.
Approved by the City Council on the 21 st day of August, 2006.
DEVELOPER:
By
Its
CITY OF PRIOR LAKE
By:
Its Manager
By:
Its Mayor
This Development Contract must be signed by all parties having an interest in the
PROPERTY.
ST ATE OF MINNESOTA
COUNTY OF SCOTT
On the day of , 20_, before me, a Notary Public, with and for
said County personally appeared Jack G. Haugen and Frank Boyles, to me personally
known, being each by me duly sworn did say that they are the Mayor and City Manager,
respectively, of the City of Prior Lake, a Minnesota municipal corporation, named in the
foregoing instrument; and that said instrument was signed on behalf of the municipal
corporation and acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
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ST ATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this
.20_ bv and by
and of
Corporation, on behalf of said corporation.
day of
who are the
, a Minnesota
Notary Public
This instrument prepared by:
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract, agrees that
the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this
day of
,20
STATE OF MINNESOTA)
( ss.
COUNTY OF
20
The foregoing instrument was acknowledged before me this
by
day of
NOTARY PUBLIC
DRAFrED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page II
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract, agrees that
the Development Contract shan remain in fun force and effect even if it forecloses on its mortgage.
Dated this
day of
,20
STATE OF MINNESOTA)
( ss.
COUNTY OF
20
The foregoing instrument was acknowledged before me this
by
day of
NOTARY PUBLIC
DRAFrEDBY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 12
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That part of Government Lot 5, Section 11, Township 114, Range 22, Scott County,
Minnesota, lying westerly of the plat of HERITAGE LANDING on file and of record in
and for said county and state.
And
Government Lots 3, 4 and 5, all in Section 10, Township 114, Range 22, Scott County,
Minnesota, except that portion of said Government Lot 3, lying northwesterly of a line 90
feet southeasterly of and parallel to a line described as follows:
Beginning at a point on the north and south quarter line of said Section 10, distant
1287.80 feet south of the north quarter corner thereof; thence run northeasterly at an angle
of 56 degrees 48 minutes with said north and south quarter line for 2034.60 feet; thence
deflect to the right on a 0 degree 30 minutes curve (delta angle 8 degrees 15 minutes) for
1650.00 feet and there terminating; and except that portion of said Government Lot 5 that
lies northwesterly of a line 75.00 feet southeasterly and parallel to a line described as
follows:
Beginning at a point on the north and south quarter line of said Section 10, distant
1287.80 feet south of the north quarter corner thereof; thence run northeasterly at an angle
of 56 degrees 48 minutes with said north and south quarter line for 2034.60 feet; thence
deflect to the right on a 0 degree 30 minutes curve (delta angle 8 degrees 15 minutes) for
1650.00 feet, and there terminating.
And
Lot 1, Block 1, CRYSTAL ADDITIONS, Scott County, Minnesota according to the
recorded plat thereof.
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Page 13
EXHIBIT B
FINAL pun PLANS
HICKORY SHORES
Prior Lake, Minnesota
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STORM SEWER & STREET IMPROVEMENl~N~~~~[1
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FINAL pun PLANS
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EXHIBIT C
FINAL pun RESOLUTION
RESOLUTION 06-144
A RESOLUTION TO APPROVE A PLANNED UNIT DEVELOPMENT FINAL PLAN AND CONTRACT
FOR DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
HICKORY SHORES
Motion By:
Second By:
WHEREAS,
Tollefson Development, Inc. has submitted an application for a Planned Unit Development Final
Plan to be known as Hickory Shores; and
WHEREAS,
The Prior Lake Planning Commission considered the proposed Final PUD Plan on August 14,
2006; and
WHEREAS,
The Planning Commission found the Final PUD Plan to be in substantial compliance with the
approved preliminary plan and recommended approval of the Final PUD Plan; and
WHEREAS,
The Prior Lake City Council considered the proposed Final PUD Plan on August 21, 2006; and
WHEREAS,
The City Council finds the Final PUD Plan in substantial compliance with the approved Preliminary
PUD Plan; and
WHEREAS,
The City Council finds the PUD Final Plan is compatible with the stated purposes and intent of the
Section 1106 Planned Unit Developments of the Zoning Ordinance.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
I. The recitals set forth above are incorporated herein.
2. The Planned Unit Development Final Plan is hereby approved subject to the following conditions
a) All remaining conditions of approval must be addressed before the final PUD plan and final plat are
considered by the City Council.
b) The PUD Development Contract must be signed by the developers and approved by the City Council.
c) The Final Plat and Development Contract must be approved by the City Council.
3. The Mayor and City Manager are hereby authorized to execute the Contract for Development of Land as a
Planned Unit Development on behalf of the City.
PASSED AND ADOPTED THIS 21ST DAY OF AUGUST, 2006.
YES
NO
I Hau2en
I Dornbush
I Erickson
LeMair
Millar
Hau2en
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
1:\06 files\06 pud's\hickory shores final\final pudcontract.doc
Page 26
EXHIBIT D
DEVELOPER INSTALLED IMPROVEMENTS
DEVELOPER INSTALLED IMPROVEMENTS include the financing and/or construction by the
Developer on the PROPERTY and identified on the approved plans including, but not limited to,
the following:
. Streets, curb and gutter, both public and private
. Water supply
. Sanitary sewer
. Storm sewer/stormwater improvements, both public and private
. Grading, drainage, and erosion control improvements
. Sidewalks, park parking lot, and trails
. Required landscaping, including trees, topsoil and sodding
. Street lighting, both public and private
. Grading, topsoil, turf establishment and construction of the trails to the specifications
provided by the City for the parkland
1:\06 files\06 pud's\hickory shores final\final pudcontract.doc
Page 27