HomeMy WebLinkAbout10B - Evanston Place
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JULY 16, 2007
10 B
JEFF MATZKE, PLANNER
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE COMBINED
PRELIMINARY AND FINAL PLAT TO BE KNOW AS EVANSTON PLACE
Introduction
Ron Kent has applied for approval of a development to be known as Evanston
Place on the property located at 16150 Evanston Avenue 4131. The site is
east of MN TH 13, north of CSAH 21, south of 160th Street, and west of
Evanston Avenue. The request calls for the subdivision of the existing lot into
two single-family residential lots.
Historv
The applicant proposes to subdivide the property into 2 single family dwellings.
The Planning Commission held a public hearing to consider the combined
preliminary and final plat at their meeting on April 23, 2007. At that meeting
the Planning Commission recommended approval of the plat.
Current Circumstances
The applicant proposes to subdivide the property into 2 residential lots.
The following paragraphs outline the physical characteristics of the existing
site, the Comprehensive Plan and zoning designations, and a description of
some of the specifics of the site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 0.63 acres.
Topoaraphv: This site has a generally level topography, with elevations
ranging from 932' MSL at its highest point to 924' MSL at the lowest point.
Veaetation: Currently there is one single family home located on this site.
There are also significant trees on this site. The project is subject to the Tree
Preservation requirements of the Zoning Ordinance.
Wetlands: No wetlands are located on the site
Access: Access to the site is currently from Evanston Avenue. The proposed
plat includes an additional driveway access from Evanston Avenue for Lot 2.
2020 Comprehensive Plan Desianation: This property is designated for
Urban Low Density Residential uses on the 2030 Comprehensive Plan Land
Use Map.
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ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
Zonina: The site is located within the R-2 Zoning District (Medium Density
Residential). The R-2 district is consistent with the proposed R-LD
designation.
Shoreland: The site is not located within the shoreland district.
PROPOSED PLAN
Lots: The combined preliminary and final plat consists of 2 lots for single
family dwellings. Lot 1 is 10,540 square feet and Lot 2 is 16,748 square feet
(9,174 square feet, net area).
Streets: The proposed lots have frontage on existing Evanston Place. No
new streets are proposed.
Sanitary SewerlWater Mains: Sanitary sewer and water mains are in place
for the existing house. Services for Lot 2 will be extended from the existing
water and sewer main utility lines located in Evanston Avenue.
Storm Sewer: Grading on the site will direct runoff to the newly dedicated
drainage and utility easements along the perimeter of the properties.
Setbacks: The building areas on both lots will meet the required setbacks for
the R-1 residential district.
LandscapinQ: The Subdivision Ordinance requires a minimum of two trees in
the front yard for all newly created lots.
Tree Replacement: The applicant has submitted an inventory identifying 48
caliper inches of significant trees on the site. The Zoning Ordinance allows up
to 35% for building pads and driveways. According to the proposed plan, no
significant trees will be removed.
Fees and Assessment: This development will be subject to the standard
development fees. In addition, the development will be subject to a lateral
assessment for the extension of sewer and water utilities to Lot 2.
The Planning Commission and staff recommend approval of this combined
preliminary and final plat; on the basis it is consistent with the provisions of the
Zoning and Subdivision Ordinance and City Standards. A signed Development
Contract accompanies this staff report. The City will not release the final plat
until the Development Contract is signed by the property owner's mortgage
company and all development fees are paid.
There is no budget impact as a result of this action. Approval of the project will
facilitate the development of the area and increase the City tax base.
The City Council has the following alternatives:
1. Adopt a resolution approving the Combined Preliminary and Final Plat for
this development with the finding that the preliminary plat is consistent with
the intent and purpose of the Zoning and Subdivision Ordinances.
2. Deny the Preliminary and Final Plat on the basis it is inconsistent with the
purpose and intent of the Zoning and Subdivision Ordinances and/or the
Comprehensive Plan. In this case, the Council should direct the staff to
prepare a resolution with findings of fact based in the record for the denial
of these requests.
3. Defer consideration of this item and provide staff with specific direction.
The Planning Commission and staff recommend Alternative #1.
RECOMMENDED
MOTIONS:
1. A motion and second adopting a resolution approving the Combined
Preliminary and Final Plat to be known as Evanston Place.
A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF "EVANSTON
PLACE" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT
Motion By:
Second By:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on April 23, 2007, to
consider an application from Ron Kent for the combined preliminary and final plat of
"Evanston Place"; and
WHEREAS, Notice of the public hearing on said combined preliminary and final plat has been duly
published and posted in accordance with the applicable Minnesota Statutes and Prior
Lake Ordinances; and
WHEREAS, All persons interested in this issue were afforded the opportunity to present their views
and objections related to the combined preliminary and final plat of "Evanston Place"
for the record at the public hearing conducted by the Planning Commission; and
WHEREAS, The Planning Commission and City Council have reviewed the combined preliminary
and final plat according to the applicable provisions of the Prior Lake Zoning and
Subdivision Ordinances and found said combined preliminary and final plat to be
consistent with the provisions of said ordinances; and
WHEREAS, The Prior Lake City Council considered an application for combined preliminary and
final plat approval of "Evanston Place" on July 16, 2007; and
WHEREAS, The City Council has the authority to impose reasonable conditions on a combined
preliminary and final plat.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The final plat of "Evanston Place" is approved subject to the conditions set forth in this resolution.
3. The final plat of "Evanston Place" is subject to the following conditions, which shall be met prior to
release of and recording of the final plat:
a) Payment of all fees prior to release of the final plat mylars.
b) Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
c) Four mylar sets of the final plat with all required signatures must be submitted.
d) The Development Contract must be signed by the "Developer's" mortgage company.
e) The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by October 16, 2007, will render
the final plat null and void.
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4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 16TH DAY OF JULY, 2007.
Haugen Hauaen
Hedberg Hedberg
Erickson Erickson
LeMair LeMair
Millar Millar
YES
NO
Frank Boyles, City Manager
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EVANSTON PLAC~
Combined Preliminary & Final Plat
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REMOVE AND REPLACE 26 LF B618 CURB
CURB SHALL BE REMOVED TO NEAREST FULL JOINT
SAWCUT PAVEMENT FULL DEPTH
REMOVE AND REPLACE 832 SF BIT PAVEMENT
MATCH EXISTING PAVEMENT SECTION
CONNECT TO EXISTING
WATERMAIN
CONNECT TO EXISTING
24" SANITARY MAIN
ROCK CONSTRUCTION
ENTRANCE
REMOVE FENCE WITHIN
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LOW FLOOR ELEV
NOTES:
1. ALL SILT FENCE MUST BE INSTALlED BY THE CONTRACTOR
AND INSPECTED BY THE CITY PRIOR TO ANY SITE WORK
2. MINIMUM GRADE FOR SANITARY SERVICE STUBS SHAll. BE
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CONSTRUCTION PlAN
PRIOR LAKE MN
EVANSTON PLACE PROJECT #07-109
3
3
SHORT FORM
DEVELOPMENT CONTRACT
EVANSTON PLACE
PROJECT #07-109
This SHORT FORM DEVELOPMENT CONTRACT is entered into this 16th day of July,
2007, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and
RONALD KENT, property owner ("Developer").
(1) WHEREAS, the City Council has adopted a Standard Development Contract which is
required to be exceeded as a condition of Final Plat approval; and
(2) WHEREAS, the Standardized Development Contract pertains to all land within the Final
Plat; and
(3) WHEREAS, as part of a Final Plat approval, a developer may plat certain land as an Outlot;
and
(4) WHEREAS, development fees are not collected on Outlots until such time as a Final Plat is
approved for the Outlot; and
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(5) WHEREAS, the City desires to provide for an abbreviated form of its Standard
Development Contract, heretofore referred to as "Short Form Development Contract", which will be used
in three limited situations, to wit: ( I) an Outlot is the subject of a Final Plat, (2) no new public
improvements are part of the platting of the Outlot; and (3) development fees and other special provisions
apply to the Final Plat of the Outlot.
Based on the mutual promises and covenants set forth herein, the sufficiency of which IS not
disputed, the City and the Developer (collectively "Parties") agree as follows:
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for EVANSTON PLACE (referred to in this Development Contract as the "Plat"). The land is legally
described as:
No. I
A tract ofland lying in the Northeast Quarter of the Northeast Quarter (NE 1,4 of NE 1,4), Section 2, Township 114, Range 22,
described as follows: That part lying northerly of the north line of Block II, Prior Lake, Scott County, Minnesota, according
to the recorded plat thereof; westerly of the west line of Fifth Street as per the plat of Prior Lake, Scott County, Minnesota,
according to the recorded plat thereof; southerly of the north line of Oak Street extended westerly as per plat of Schmokel's
Addition to the Village of Prior Lake, Scott County, Minnesota, according to the recorded plat thereof; and easterly of the
easterly right-of-way line of State Trunk Highway No. 13, excepting and excluding therefrom the following described two
tracts:
I) Beginning at a point on the west line of said 5th Street, 66 feet northerly of the northeast corner of said Block II, thence
westerly and parallel with the north line of said Block II a distance of 50 feet; thence northerly and parallel with said west
line of 5th Street a distance of 145 feet; thence easterly and parallel with said north line of Block II 50 feet; thence southerly
along the west line of said 5th Street a distance of 145 feet to the point of beginning.
2) The southerly 66 feet of the tract as described in the first description above, the same exception lying northerly of and
parallel with the northerly line of said Block II.
AND ALSO EXCEPTING THE FOLLOWING:
That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota,
described as follows: Beginning at the intersection of the westerly extension of the northerly line of Oak Street according to
the plat of Schmokel's Addition with the westerly line of 5th Street in said plat; thence southerly along said westerly line of 5th
Street a distance of 160 feet; thence westerly parallel with said northerly line of Oak Street to its intersection with the easterly
right-of-way line of State Trunk Highway No.13; thence northeasterly along said easterly right-of-way line to its intersection
with a line drawn parallel with said northerly line of Oak Street from the point of beginning; thence easterly along said
parallel line to the point of beginning.
No.2
All that part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 114, Range 22, Scott County,
Minnesota, described as follows: Commencing at a point on the west line of Fifth Street, Schmokel's Addition to Prior Lake,
as per the plat thereof, a distance of 66 feet northerly from the North East corner of Block II of Prior Lake, as per the plat
thereof, and thence continuing Northerly along said west line of Fifth Street a distance of 145 feet; thence Northwesterly at
right angles of 50 feet; thence Southwesterly and parallel to said west line of Fifth Street a distance of 145 feet to the north
line of the Westerly extension of Minnesota Street as per the plat of Schmokel's Addition to Prior Lake; thence Southeasterly
50 feet to place of beginning.
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2. CONDITIONS OF PlAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, and record the Plat and Development Contract
with the County Recorder or Registrar of Titles within 90 days after the City Council approves the final
Plat.
3. DEVELOPMENT PlANS. The Plat shall be developed in accordance with the Plans
identified below. The plans shall not be attached to this Development Contract, but are incorporated by
reference and made a part of this Development Contract as if fully set forth herein. If the plan varies from
the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plan includes:
Plan A n
Final Plat Stamp Dated March 21, 2007 (Prepared by Valley Surveying Co.)
Plan B --
Construction Plan Dated June 25, 2007 (Prepared by Stonebrooke
Engineering)
The plans set forth above is incorporated herein and made part of this Development Contract.
4. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a time line established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment.
5.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
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City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
6. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
7. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose,
at no cost to the City, additional erosion control requirements if they are necessary to meet erosion
control objectives. All areas disturbed by the excavation and backfilling operations shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling
erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary
conditions imposed by the City, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. The Developer shall
be solely responsible for any costs incurred by the City for erosion control measures. The Developer
shall fully reimburse the City for any cost incurred within ten (10) days of the date of the City's invoice.
If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10)
days, no development, utility or street construction will be allowed until the Plat is in full compliance
with the erosion control requirements. Further, no building permits will be issued if the plat fails to
conform to the approved erosion control plan or if any costs remain unpaid beyond the three allowed
under this paragraph. The notice provisions set out in Paragraph 15 shall not apply to notifications to the
Developer under this paragraph.
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8. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may issue a stop work order on all development utility and street construction within
the Plat and no further building permits will be issued until all costs are paid. The notice provisions set out
in Paragraph 15 shall not apply to notifications to the Developer under this paragraph.
9.
STORMWATER MANAGEMENT FEE.
The Developer shall pay a storm water
management fee of $586.00 prior to the City signing the final Plat. The amount was calculated as follows:
0.21 acres x $2,790.00 per acre. This charge was determined by the Trunk Storm Water Fee Study adopted
by City Council Resolution # 05-18 on January 18, 2005.
10. STREET OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize
acreage charge of $1,033.00 for street oversizing improvements prior to the City signing the final Plat. The
amount was calculated as follows: 0.21 acres at $4,920.00 per acre. This charge was determined by the
Transportation Plan Fee Study adopted by City Council Resolution #05-18 on January 18,2005.
11. TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $1,155.00 shall
be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat. The
amount was calculated as follows: 0.21 acres at $5,500.00 per acre. This charge was determined by the
Trunk Water System Fee Study adopted by the City Council Resolution #05-07 on January 3, 2005.
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12. TRUNK SANITARY SEWER ACREAGE CHARGE. A trunk sanitary sewer trunk area
charge of $638.00 shall be paid by the Developer for sanitary sewer trunk improvements prior to the City
signing the final Plat. The amount was calculated as follows: 0.21 acres at $3,040.00 per acre. This
charge was determined by the Trunk Sanitary Sewer Fee Study adopted by City Council Resolution on #05-
18 on January 18,2005.
13. SANITARY SEWER AND WATER CONNECTION CHARGE. The Developer shall pay
a sanitary sewer and water connection charge of $18,000.00 for connection to the sanitary sewer and water
systems prior to the City signing the final plat. The amount was calculated as follows: 1 unit at $18,000.00
per unit.
14. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an
amount of cash or land or a combination of both as established by the City. The required amount of
dedication of land or cash payment shall be determined by the provisions of Section 1004.1000 if the City
Subdivision Ordinance, or by the fee scheduled adopted by resolution of the City Council. The fee shall be
paid prior to the City signing the final Plat. This Development Contract also requires the Developer to pay
a Park and Trail Dedication Fee of $3,750.00 prior to the City signing the final Plat. The amount was
calculated as follows: 1 units at $3,750.00 per unit (Residential). This calculation was determined by the
Park Fee Study adopted by City Council Resolution #05-18 on January 18, 2005.
15. LANDSCAPING. In accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two
(2) front yard trees on every lot in the Plat that does not already meet this requirement at the time of the
building permit. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of every structure on every lot prior to the issuance of the final certificate of occupancy. If this section
is to be satisfied by existing trees, a tree protection security ("escrowed funds") may also be required. If the
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required landscaping is not installed, the City is granted a license to enter upon a lot and install the
landscaping using the escrowed funds deposited by the builder at the time the building permit was issued.
Upon satisfactory completion of the landscaping, the escrowed funds less any draw made by the City, shall
be returned to the person who deposited the funds with the City.
16. SECURITY. To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the form attached hereto as Exhibit D, from a bank for $ 11,505.00. The amount of the Security
was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
StreetslUtility Work
$
9,204.20
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $
9,204.20
X 1.25
11,505.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
seven County Twin City Metropolitan area. The Security shall be for a term ending December 31, 2008
unless otherwise approved by the City Engineer. The Irrevocable Letter of Credit shall automatically renew
for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date
(which shall be January 1st of each year), the Bank delivers written notice to the Prior Lake City Manager
that it intends to modify the terms of, or cancel, the Irrevocable Letter of Credit. Written notice is effective
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if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior
to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 4646
Dakota Street, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date. If the required Developer Installed Improvements are not
completed at least thirty (30) days prior to the expiration of the Security, the City may draw on the
Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to cure the default.
17. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required portions of the Developer installed improvements have been satisfactorily completed and financial
obligations to the City have been satisfied, the Security may be reduced by seventy-five percent (75%) of
the financial obligations that have been satisfied upon written authorization by the City Engineer. Any
requests for reductions in the Security must be made in writing to the City Engineer and must be
accompanied by lien waivers from any contractor or subcontractor for the Developer. Twenty-five percent
(25%) of the Security shall be retained until all Developer Installed Improvements and other obligations
under this Development Contract have been completed, including, but not limited to, all financial
obligations to the City, and the receipt of all required as-built street, utility and grading plans by the City.
Once the City has accepted the project, as-builts have been completed, all punch list items are completed
and warranty bonds submitted, the Irrevocable Letter of Credit may be reduced to 5%. Upon completion of
the warranty period the 5% Irrevocable Letter of Credit may be released. In no event shall the five
percent (5%) Security be released until the Developer provides the City Engineer with a certificate from the
Developer's registered land surveyor stating that all irons have been set following site grading and utility
and street construction.
18. CITY DEVELOPMENT FEES. The total amount for Development Fees as set forth in
Paragraphs 9, 10, 11, 12, 13, and 14 above is $25,162.00 for City Development Fees. The Developer shall
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pay this amount to the City prior to the City signing the Final Plat. The amount of the cash fee was
calculated as follows:
CITY DEVELOPMENT FEES:
Storm Water Management Fee
Street Oversize Acreage Charge
Trunk Water Acreage Charge
Trunk Sanitary Sewer Acreage Charge
Sanitary Sewer and Water Connection Charge
Park Dedication Fee
$ 586.00
$ 1,033.00
$ 1,155.00
$ 638.00
$ 18,000.00
$ 3,750.00
$ 25,162.00
TOTAL CITY DEVELOPMENT FEES
19. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Pursuant to Paragraphs 7 and 8 of this Development Contract, the Developer shall
pay in full all bills submitted to it by the City for obligations incurred under this Development Contract
within thirty (30) days after receipt. If the bills are not paid on time, the City may issue a stop work order
until the bills are paid in full. In the event the Developer fails to reimburse the City, the City will not issue
any further building permits.
20. NOTICES. Required Notices to the Developer regarding Paragraphs 7 an 8 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: 4131 Eau Claire Trail NE, Prior Lake, MN 55372.
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed
to the City by certified mail in care of the City Manager at the following address: City of Prior Lake,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to
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the City, Notice(s) shall be served upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis
Nilan & Johnson, 600 US Bank Plaza South, 220 South Sixth Street, Minneapolis, Minnesota, 55402-
4501.
21. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
22. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 16 shall apply to said actions.
23. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within ninety (90) days of the City Council's approval of the Development
Contract. The Developer shall provide the City with a recorded copy of the Development Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title
of the property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
1:\07 files\07 subdivisions\07 prelim & final\evanston place\drati dev contract.doc
Page 1 0
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
24. SPECIAL PROVISIONS. The following special provisions shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat, as shown in Exhibit B to this Contract.
B. The Developer is required to submit the final Plat 10 electronic format. The
electronic format shall be compatible with the City's current software.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
25. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
1:\07 tiles\07 subdivisions\07 prelim & final\evanston place\draft dev contract.doc
Page II
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
proVISIons.
F. Jurisdicition. This Development Contract shall be governed by the laws of the
State of Minnesota.
1:\07 files\07 subdivisions\07 prelim & final\evanston place\draft dev contract.doc
Page 12
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
,20_,
by
NOT AR Y PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\07 files\07 subdivisions\07 prelim & tinal\evanston place\draft dev contracLdoc
Page I 3
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject pr erty, the development of which is governed by the b egoing Development Contract, affirm
and consent to e provisions thereof and agree to be bound by th rovisions as the same may apply to that
portion of the su . ect property owned by them.
ST ATE OF MINNESOTA
Dated this
,20_.
COUNTY OF
The foregoing
20_, by
was ackn wledged before me this
day of
City of p' r Lake
16200 agle Creek Avenue SE
Prio ake, Minnesota 55372
1:\07 tiles\07 subdivisions\07 prelim & tlnal\evanston place\draft dev contract.doc
Page 14
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purcH ser's interest in all or part of the subject property, the develo ~nt of which is governed by
the foregoing 0 elopment Contract, hereby affirms and consents to the visions thereof and agrees to be
bound by the pro . sions as the same may apply to that portion of the ubject property in which there is a
contract purchaser's' terest. I~
City of Prior ake
16200 Ea Creek Avenue SE
Prior La , Minnesota 55372
,20_.
ST ATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrume
20_, by
before me this _ day of
1:\07 tiles\07 subdivisions\07 prelim & tinal\evanston place\draft dev contract.doc
Page 16
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 shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
ST ATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOT ARY PUBLIC
DRAFfED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\07 files\07 subdivisions\07 prelim & final\evanston place\draft dev contract.doc
Page 15
<C
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Ef/AHSTOH
KNOW AlL MEN BY THESE PRESENTS: JhQt Ronold 0. KtIfIt. Q #19111 {HnOn. foe ormer, rmd Homuteod Mortgage CQrponltiofl. Q Alinn060to
Coip<JrQtiDn, mDrlgDgfM M f1HI fo6oriIg dMctilHId prcrp#rly .nUl/led tJ th. CDlmt.y of Scott, SIQt~ 01 MinnuDttJ t~..it:
N4 r
A ~l W land J.ying in lilt: NorlhetUI Ouort. of the Norlht:tl$l Dutrter (HE 11 of HE .f(). Sectit:n ~ T~ 114, Rmge 2Z de::Jc:dH:d os foIIof":
=~ If:: ~no;::=r':::: ~'f':, ~j~' :::;; =,::,'1",=:: :::::=i/io~f.:):.r;,;IIt:::'r:w=-;~~, ,:1-:::,',::
of (}uk SUNf extMdtld ".tlldy ~ p.- Me pIG' of Schmo/ui'. Addition to tIHI .... 0/ Prior Lato, Scott Ccunt)& Minnrnoto. f1<<mJing to 1M
~ p/fIt ~ IIIld WlStM)' of tM '-''''1' rigltt-d'-"oy iii. or StDt. Tnmk Hif;lroy,,3. ~9 fII'Id uaudklg thwUom tit. following
~t.olrot:t#:
(1) ~g tit II point Qfl fIHI -.sf iii. '" $Old 5th SIr_ 68 fftt ntJrtJ.-t, of the north_I t:DftW of uId iJ/oQ( 110' IMtg ""rf)' tZld
(HTt1I/tII rrlth Ibe ncrlh line oIlDk1lJ1ock 11 a .tanctl 01 .!SO ,..t; tJIlJn~ ncrlhMIy ond ptrD/hl with 8Q/d __est In. of 5th SIr.' 0 .t~. of
':/,:5';..':";:" tho --::;:f :r' ~ with MJ/d RM'1h JiM of BkH:It If !SO !Ht; th_ _lJH1rly t1kIng fJuI ".., /h_ of -*' ~t1f Sv-t a d/$I.Oflu
~ '::; == ~ f..t N 1M tract oa ~ed In fbt ~tlon c;Jt>QM:r, the .mf!t 4XCtIptlon 1)IIng nort/Hlrl)' of Dnd poroIaI llith tile northerly
AND AJ..SO aCEPTlNG THE FOLJ..OtflNC:
l1H11 pGrl 01 t/w NorlIl_t Quartllr Qf lb. NDrth_t Qwrt, of s.ction J:. T~ 114. Rqnp 22, $cQtt CQuntx 1I~4 ducril>ftd In fDllowS':
~ lit tINt IntM'>>e&tkn of tIHI ...tMty IIXItIIaIon of t/uI IHJrlhMY 11M of (}Qk Sir.., t1a:DI'd/ng to the pial of SOfMOKEl.:S A0DI11ON lrith 1M
..t6rly /ill. 01 5th SlIwt kI nJd plat; l/nInu 60Utherly dtJng sdd waslflrly line of ~ Slr.1 0 dislona Qf 16a00 te.t; t!IeII&. rost.ty pQTan./
willi $Old m:rt/I6rly JhI of "'* Strwt IQ it. InI.-clitJn with t/uI _/My ritJIll-of-wtlJ' line of SllIltl Trunk HlghIHJY No.1J; thMce twrllH:Q.7ldrly
D/ong MIld _t.-ly rigIIt-oI-woy /he to It. hten.cllon .Ith #I line oIlh'MJ paTII'-' riM 6It1id IWrlhflrly /In. of 0aIr Street IITJm the point Qr
boginning; ~ _lfIrly QJ/Qng __ potTIh/ 1In. to 1M pa#ll of ~
No.2
All Ihut port o( tIl. Norlh<<JsI QuDrl, of the Nprtht/llUl Quorl. 01 StK:I/on Z TQwnshp 114, Ronge ~ Scotl CWnIl' IIInntl$Olo. de~ as
(r:J/IQJr.T: Commoncinfl of II pG/nt on f/HI -.t 11M Qt Rfth Shet. Sd1moIreI'. Addition ID Prif1r LIlIuI, till PK the plot Ihwt#Qf, a _tonco of 66.0
f.1 IIOrlhMfy from the NlJIth EDSlI canrr of i1k:K* neWIII 01 Prior U1k1l, t>> fHT I"" plat threo/, DIId th<<1u conthuing NorlhMfy oIong MJKI IIVt
Iiu! M Fifth Slnel 0 dht~ of 145.0 feet,. ~ Ntxtn.est.ty at right onglcs Q db/~ of 50.0 _I: th~ Southwulr:rly and pa"lIIeI 10
IItIid ..I line tit F1fth SUNt t1 tlistonc. of 145.0 tHI ItI the nDrlh line of tII. ItIattlf1y ut<<UiDn of MinnUDla Str..t as per 1M plat of
SdImDk.'$ AtltltIon 10 PrkJr tole..; Mem:e SwtMaaterty 50.0 fHI 10 pmc. of beghnilg..
HoWl cOUMld the &QfTJtII to be surli'e)Cd tltId plaitod Q.7 EVANSTON PLAa; ond do hf1reby donole rxuI dtnJicllts to tM public;. for public U:M fortl'o'r!r
Ill. <<aemtllJU for ehJInagf ond utl;t)' puTP08tI$ cnly Q!Il IIIlDfm on tM pIoI.
':oOr-- JdlenrN said RcnoId D. K.,t t1 mV. prson. 1M omer. howe ,;w6ed th.- present.s to be signed this _ doy of _
SlCHElk
RtJndd D. Kent
STATE OF ItIN{NESOTA
COUNTY OF sea" Th. (Qr~""9 itl.trumfll?I _. IN:knorrlfM1ged before me W. _ day Df _ 2007 by Ro/UNd D. K.,t,
06 lei owner..
Notary Public, Scott County, '.Unn.sot"
W)' Cclmmi.... expir. Januory 31, 2010
And In witMu 11'/I..,/ .wid Homnt<<KI M.tgago Corporation, a Minnt:3Qta Corporation. morrgoge<l. hol'fl Cl1used tMse preunts to btl signed by
Its pnJpN QtRt;.rs th/$ _ dtly of _ 2007.
SIGNED: Homutead Uortgogc Ccqwtrvtion
'"'
"""
it:;
STAlE or lIfNNCSOTA
COLNTY OF _ Th. torrgoinf} iUltrumfIt'Jt ws ocknQrnM/gfld /J.foF. m. this _ do)' of _ 2007 by
it~ _ ond
CUporolion. on behoff of .said Ccrpon1tJon.
it... _ of Homll6lllOd ItIortgoga Corporation, Q Winne_to
Notary Public, _ Count)'. Minncaoto
Ill)' Comminkln expires Januory 31, 2010
FLACE
I /Weby certify thot I hov. 1/UfWyed and pIoltN tIHI prapflrly duI:nl:Jad aI lb;. plot as EVANSTON PLACE; that fhb p/Qt b II C'On'Kt
~tl7tJon of th. ""'$ /hot all dilltanc. on CCf7YCUy IIIIown 011 lb. plot h fHt and ~ 01 II foot; thot III lJH1IJutrMnt. bo.,. b.wI
CQT1'fJetly pIoced" the ground tI8 .., . rII btl conw:tJy p/ooMI" the tprJtIld os tJaIgnotod; Ibot 1M aut6Jde boundtlty IinaI ... t:t1t1YICfly
daignotH an the p/tIt: and tIIut tiler. on IJD _I Iald6 a. t>>ImId " lIS .!Sa5.02 Su/Jd. I, or public hlghnp to be duignot..t Qther thon
"'0'"
STA TC CF WNNESOrA
COUNTY OF SCOTT lb_ torwgoing .x.n.)t'n c.ro1icDt. "". odv!ortl<<lg<<l t.frJr. mtl W, _ do)' of _ 2007,
by Rondd A. SWCl/MrI. Lond SurM!lJO'", I/m8$Ota L.JuMo Number 101M
Ronald A. Swanaan. L<<Id Sr.Kft)Ol"
MlnnuotG UcanllCl Numb.. 1018.3
Notary PutKk" Scott Cclunty, Mlnn.-oto
M)' ConvniNion upir.. .January .11, 2010
IlIweby csrlify thai I hoVfl exomin<<l this plat of EVANSTlXrI PLAce: and do hef'llby r.camm61d III. plot ror appro""" os to fDf7J1.
~r~:; rCO::::~.~~Zc:se ::~::::~ tt':t:t:'in;:;;; ~w.rflVUlwr:.~fi11 tha'Wf. hekI Ihis - doy of~_
cny Attome.,K Prior Lake, lIirItIaolQ
Doled thl$ _doy of __ 2007.
SiGNED :
lis Mayor
Attest:
iu MOIlogtJr
SCOTT COtJN TY AtlOITr:ft / TREASlJRER:
I henJby crrtlf,y thot Ill. aHrfIt'Jt ond lMiinquenl tOXflS on the lands ducrilHld within rxe poirJ aid lhe trons/w'i6 tllJl..-.d this _ rJoyof
__ 2007.
.;gned b)C
i:f;lty.
scon COIINTY .st.W~rtW:
Punuonl to CIIaptr 7. M~tQ LDW6 of 1976. thi8 plat htn been rallittWfJd rnd opprow:d this _ doy of _ 2007.
SUit County SwKr]Q'"
SCOTT COUNTY RECORDCR:
I htnby crilfy tho, this plot of EVANSTON fUel; rtW filed in this offft:t1 this _ day af _ 2007, at _ a'doi:* _.At. WId
~ /kd lU 0Dcumen1 No.
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VALLEY SURVEY/HC Co., PA.
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EXHIBIT "B"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides development fees, acceptable to the City Engineer prior to release of the
final plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by October 16, 2007, will render the
final plat null and void.
1:\07 tiles\07 subdivisions\07 prelim & tinal\evanston place\draft dev contract.doc
Page I 8
EXHIBIT "C"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
, dated
, 20_, of
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
(Address of Bank)
, on or before 4:00 p.m. on November 30, 20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
4646 Dakota Street SE, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
1:\07 tiles\07 subdivisions\07 prelim & tinal\evanston place\draft dev contract.doc
Page I 9
EXHIBIT D
t=:t STONEBROOKE
=:1 E N GIN E E !:J I N G
30S Stonobrooke Court
Shakopee, MN S5379
Engineers Estimate
BIDDER agrees to perform all of the work described in the CONTRACT
PROJECT: Evanston Place
NOTE: BIDS shall include sales tax and all applicable taxes and fees.
ITEM NQ. TASK NO.
1 2021.501
2 2211.503
--1..-_g~1.,525
4 2331.525
5 2357.502
6 2S01.602
7 2501.602
8 2S03.S11
9 2503.511
10 2503.602
11 2503.602
12 2503.603
13 2S04.602
14 2504.602
15 2507.602
16 2511.501
17 2573.502
18 2821.503
DESCRIPmlli
MOBILIZATION
AGGREGATE BASE CLASS 5 (CV)(6")
TYPE 41 A WEARING COURSE MIX 1.5" THICK
TYPE 31 B BASE COURSE MIX 2.S" THICK
BITUMINOUS MATERIAL FOR TACK COAT
REMOVE B618
8618 CURB AND GUTTER
ROCK CONSTRUCTION ENTRANCE
REMOVE FENCE
8"x4" PVC WYE
4" PVC SDR.26 RISER
4" PVC SANITARY SERVICE PIPE SDR-26
CONNECT TO EXISTING WM
1" CURB STOP
CONNECT TO EXISTING SANITARY
SAWCUT
SILT FENCE, TYPE PREASSEMBLED
1" COPPER WATER
UNIT
LS
CY
SY
SY
GAL
LF
LF
EA
LF
EA
LF
LF
EA
EA
EA
LF
LF
LF
QUANTITY
1.00
15.00
90.00
90.00
4.50
50.00
50.00
1.00
300.00
1.00
2.00
52.00
1.00
1.00
1.00
85.00
350.00
34.00
Phone: (952) 402-9202
Fax: (952) 403.6803
UNIT PRICE
.-1,SOO.OO
30.00
7.00
7.00
1.60
10.00
15.00
500.00
2.00
50.00
14.00
12.00
600.00
200.00
500.00
5.00
2.00
15.00
AMOUNT
51,500.00
5450.00
5630.00
5630.00
57.20
5500.00
S750.00
5S00.00
5600.00
$50.00
S28.00
5624.00
5600.00
$200.00
5500.00
5425.00
5700.00
5510.00
TOTAL AMOUNT BID
BIDDING CONTRACTOR SIGNATURE
DATE
$9,204.20
.