HomeMy WebLinkAbout10A - Latterell Estates
--",----- ..........
/<. PR/ "
//~'" O^"
(&' "E) ~~~~ ~~:~'~~~~; iiE 121'l_d_____ n -- _ _ _n
\ I
"" 1;'NNESOil'> /
~-----/
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 1, 2007
10 A
JEFF MATZKE, PLANNER
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE COMBINED
PRELIMINARY AND FINAL PLAT TO BE KNOW AS LATTERELL ESTATES
Introduction
Stephen Ling has applied for approval of a development to be known as
Latterell Estates on the property located at 4137 Eau Claire Trail NE. This site
is located east of CSAH 21 and Eau Claire Trail NE, and west of Calmut
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 September 10, 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 0.87 acres.
TODoaraDhv: This site has a generally level topography, with elevations
ranging from 943' MSL at its highest point to 916' 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 Eau Claire Trail. The proposed
plat includes an additional driveway access from Calmut 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.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Zonina: The site is located within the R-1 Zoning District (Low-Medium
Density Residential). The R-1 district is consistent with the proposed R-LD
designation.
Shoreland: The site is located within the shoreland district. The proposed
hard surface requirements for both lots are below the 30% maximum allowed
in this Land Use District.
PROPOSED PLAN
Lots: The preliminary plat consists of 2 lots for single family dwellings. Lot 1
is 21,375 square feet and Lot 2 is 16,579 square feet.
Streets: The proposed lots have frontage on existing Eau Claire Trail and
Calmut Avenue. 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 Calmut Avenue.
Storm Sewer: Grading on the site will direct runoff to newly dedicated
drainage and utility easements along the perimeter of all the properties.
Setbacks: The building areas on both lots will meet the required setbacks for
the R-1 residential district.
Landscaoina: The Subdivision Ordinance requires a minimum of two trees in
the front yard for all newly created lots.
Tree Reolacement: The applicant has submitted a tree inventory identifying
274 caliper inches of significant trees on the site. A total of 88" caliper inches
of trees are proposed for removal (32.1 % of the total). The Zoning Ordinance
allows up to 35% for the development of building pads and driveways.
Fees and Assessment: This development will be subject to the standard
development fees.
ISSUES:
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.
FINANCIAL
IMPACT:
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.
ALTERNATIVES:
RECOMMENDED
MOTIONS:
Reviewed by:
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.
1. A motion and second adopting a resolution approving the Combined
Preliminary and Final Plat to be known as Latterell Estates.
Frank Boyles, City Manager
"A~~ PRIO/(
f t ~ 4646 Dakota Street S.E.
lu il\ PriorLake.MN55372-1714
\ j-----
""~'NNEsoil'> ,/ RESOLUTION 07 -XX
.,----.-/
A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF "LATTERELL
ESTATES" 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 September 1 0,
2007, to consider an application from Stephen Ling for the combined preliminary and
final plat of "Latterell Estates"; 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 "Latterell Estates"
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 "Latterell Estates" on October 1, 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 "Latterell Estates" is approved subject to the conditions set forth in this resolution.
3. The final plat of "Latterell Estates" 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 January 1, 2008, will render
the final plat null and void.
www.cityofpnorlake.com
Phone 952.447.9800 / Fax 952.447.4245
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 1ST DAY OF OCTOBER, 2007.
Haugen Haugen
Hedberg Hedberg
Erickson Erickson
LeMair LeMair
Millar Millar
YES
NO
Frank Boyles, City Manager
L:\O? FILES\O? SUBDIVISIONS\O? PRELIM & FINAL\Ling-Latterell\resolution.DOC
~[\ll~ct<S
i-~~ar,.IDoOi-~Ts
t::l1~VlY=-~~~
ni::: =--
1"",,,,,,oort!r,I"<fItn.P'Gn.~flc.ol,,,,,,,,,,,,,OI'l.,,,,prolpo<"Odb,,,,,
"'.....,... "".-.ct ___ ""0 (JI<rt 1_ 0 ""'1 I"*'-> P<o'_'"
~ ond l.a>d s.._,.,. unilor.... _ of.... Stolt ~ ......_,"-
JACOBSON
ENGINEERS & SURVEYORS
P~P"'ID'OR
Sellerson, Sheldon, Dougherty, .&
Molendo, PA
Me. Stephen Ling
600
West 147th Street
Apple Volley, MN 55124
t'EL(~52)<6"-.u2! l.N\["'lll."",~
TREE CHART
LEGEND
ELECffiIC"'L TIl:ANSfOR~ER
HYCRo\.NT
-12'ST-
STORlot SEYlER UNE
SANITARY SEWER WoE
Troct 0, Re~ist...,-~ LeM! Survey 100.143, Scott Counly, Iolinn.soto (Torrens)
"
-----.
IlENOTt5fla...llI"lJlolt]<l
IlLVlII<fGSIo'll:AS:IJIlroOAl\JM
All thot par! 01 n,. obondOf1ed right~ol-.ay 01 the Chlcoqa, loti.oyke.., St. PO"I. ond Pacific Railroad
Company In G".emment Lot 4, Socrion J~, Townsflip 115. Ronge 22, lying ."steny 01 Ihe centerline of
th. lroct thareol oS sho.n in Scott C""nl)' R.c~d... Document No. 178669, I~ng b.t...", lh" .o.t."y
ext....sion olth.. .ooth I..." ond eo.t..,l)'ut....i"" ofth. north lin. 01 Troct D, R.gisteredlond S"r_y
NO. 143. Scott County, !.IOnn...oto. (Torr..ns)
The obo..... dU<:tib.d pr~...-tyho" 0 '/8 ir1t,,~t in tflot part ol5eCtiOf1 35, To..n.nip \15. Range 22
b'oinning 01 0 point on th. shoraline 01 Prior LOk. ot il. ;"I"",.elk.,. .;tn th. ....terl)' ulan.ion ol
th. northerly line 01 Block I, GRAINWOOO HEIGHTS; \h..,ce eo.ler1y 01""9 .oid ....tarly utension 10
i'.int..,.ection.i\hth...""th....tar1yrioht-ar-.oyoISCoHCoontyRO<Id21; thenees""theost...-1y
olon~ Ih. 'OIJt~"e.t""y rlOhl-or~.oy 01 COIJnty Rood 21 10 It. Int...-..ction .Ith th. sout~...I.r1y
eden.ion 01 the SO\Jlh..,.t lin. 01 Lot 2, Block 2, GRAlNWOOO HEIGHTS; thence .outh....teriy alon9
loid utan.ion to \h..,,,,.;,,. olPr'or LOk.; thenee 010<\0 the ""or.in. 01 Prior Lake to th. poinl
01 beolnnln~
NOTES:
1.) BlNCHlotARK - TOP NUT HYDRANT 0 SOUTliWEST CORNER OF SITE
EL-EVAT1ON _ 953.37
2.) UTlUTlES SHO~ "RE APPROXIIol,o,TE LOC...nON, CALL GOPHER
ST...TE ONE C,o"LL AT Illl fOR UT1UTY. GAS UN!:.
AND EliCmlCAL UNE LOC"nONS PRIOR TO EXCAV" nON
J,) PROPERTY '5 ZONED R-l (LOW OENSHY RESlOENTIiAL)
.,) LOT AREA _ 12.000 SO FT
~,) Lor 'MO~ - !l6 fEET
6.) BUILDING SiTB"CKS;
A.l FRONT ...A.RD _ 25 FIET
e.) REAR......RD-25FIET
C.) SlOE ...ARO - 10 FEET
7.) GR,o"OESVARY'MTHIN ffiU/eRUSH.o.REA
8.) PROPERTY IS NOT LOCATED IN THE FLOOD PL"IN
g.) NO M-TlANOS EXIST ON SHE
10,) TOT,o"L ARE'" Of EXISTING PROPERTY _ 37,9~. SQ. FT (0,87 "CRES)
TOPOGRAPHIC SURVEY
LA TTERELL EST A TES
PRIOR LAKE. MN
C-1
RF;\o1SlONS
- -'--"- ..---
~;;~a~~~ ~.~~~.~
LEGEND
LATTERELL ESTATES
TREE CH AR T
ELECrnlCAlTRANSfORIolER
HYDRANT
-a'w-
-12'ST-
~a's~
STCflIol SEWER UNE
SANITARY SE'MR UNE
EXISTmGsPOTELE"ATl~
'or":: :;I~~al':~= =:::t'~~or~~ :':':"'::0:':':"
~~[a,dSu.....,.,.w"*tt>.lgwtlclt1>oS1C1"oI....._tG-
JACOBSON
ENGINEERS & SURVEYORS
PIlEl'....rn ~~
Severson, Sheldon, Dougr,erty, &
MOlenda, P,A
Attn: Mr, Stephen Lihg
Suite 600
7300 West 147th Street
Apple Valley, MN 55124
1'0.... ~Ui"" 'II"
""'["uL."""~'
!'iIGNI,ICANT rnrrs: (NOTE: TREES SHOWN AS 10 8E REMOVED A.RE ,OR
f'LATTlNG PURPOSES ONLY NO TREES ARE TO BE REMOVED AT THtS TIIolE
WITH THE EXCEPnON or TREE NO.6)
TOTAL SIGNIFICANT TREE CAUPER INCl'ES _ 274'
TOT,\L SIGNIFICANT TRU: C,\LIPER lNCl1ES TO 6[ SAVf.O ~ 186'
PERCENT or SlGNIFlCANT TREES CALIPER: INOlES TO BE SAVED - 67,9"
TOTAL SlGNIFlCANT TREES CAuPER INC!1ES TO BE REIolO\tEO _ !lB'
PERCENT or S1GNIf'1CANT lllEES CAlIPER INOlES TO BE REIolOVED - 32,1::1:
TOTAL REQUIRED REPLACEMENT TREE CAUPER INC!1ES _ O'
~@_(2)2.5.REDOAATREE
Trect 0, Regiatered l,""d SUr""y Ne. 143, Scott CO<Jnty, IolOnneaote (Torr.....)
w_~
..:t
----" ,
nL~
ao"'~RIT"'OOOTl<AHO~SlO[
~OT LKS NtO _0 10 fUT II< 11I01>< ANlI
.t.O..(.IINNCSIlltTII.JI"[5.<1OO_LOTLlI'ES.
UNLESSOTlD'lIISlNJICAltUCJol1HEf'LAl
All thol port 01 Ih. wondonod rigtlt-ol-.,oy 01 the Chicogo, Iolil.,o~k...., St. Paul, end Po<;ific RoilrO<l(j Compor>y in
Go-.-.ment Lot ~, Section ;)5, Town.nil' 115, Rang. 22, I,;ng .e.ter1y 01 the center1irl. 01 the tract ther..,1 aa
sho"",,.. Scott CounlyR.corder Document No. 176669, I""g b.tween tne eo.tCl1yed""slon 01 the .oulh line oM
"".t.'ly e~ten.ion 01 tn. north ii;, 01 Treet D. R"'liaterwd Lend s..'...y No. 103, Scott County, Iolinnneto. (Tcer.no)
Th.Dtlo""'d..c'ibedprO!>erlyho.olj8int.....tinthotpor\olS.ction 35, lo_.nopI15,Ror>9'22.b.,qinninget
o point on tt1e 5I1orejine 01 Price lake al its intersection with tho .esterly e~ten.iOfl ollne nceth.rly line of Bleck
1.' GRAIN'I'IOOO HEIGHTS: thence "".ter1~ ciong soid ".at<<1y .den."", to it. int",le(;tiOfl "ith th.lO<Jthw_te<1y
''9hl-ol-woy of Scott County Rood 21: lhen~ 9OUtn'0.terl~ along Ihe a""thweslerly righi-aI-way 01 County RO<ld
2110 ,to int.....eti"" "Ith the soutn""Ier1y e~t"".iOf\ 01 tn. ....tn"".t line of Let 2. Blod< 2. GRAlNWOOD HEIGHTS,
t/lene. southwut.rly along soid uton~oo to the .....ceel..e of Prior loke; thence along tn. shot"eHne of PM,"" loke
lelh.pointelb'ginning.
NOTES:
1,) &NCHIolARK - TOP NUT HYDRANT. SOUTHWEST CORNER 01' SHE
ElEYAnON _ 953.37
2.) UnUllES SHOWN ARE APPROXlIolATE LOCATION. CAli OOPHER
STArE ONE CALL AT 811 FOR UnUTY, GAS UNE.
AND ELECTRiCAL UNE LOCATIONS PRIOR TO EXCAYAllON
3,) PROPERT)' IS ZONED R-l (LOW DENSlTY RESlOENllAL)
~,) LOT AREA - 12,000 SQ FT
5.) LOT lIIlOTH - as fEn
6.) BUILDINGSETBACl<S
A.) FRONT YARD ~ 25 FUT
e.) REAR YARD ~ 25 FEET
c.) SIDE YARD ~ 10 FEET
7.) GRADES VARY 'MTHIN lllEE/8RUSH AREA
8.) PROPERTY IS NOT lOCATED IN THE FlOOO PlAlN
9.) NO '/iETtANQS EXIST ON SHE
10) TOTAL AREA Of EXiSTING PROPERlY ~ 37,954 SQ. FT. (0.87 ACRlS)
PROPOSED AREA Of lOT 1 _ 21,375 sa, n. (0,~9 ACRES)
PROPOSED IIolPER'o1OUS AREA Of LOT 1 - 6,290 SQ. F'T
PROPOSED PERCENT IIolPER\IlOUS AREA Of lOT 1 _ 29~::I:
PROPOSED AREA or lOT 2 _ 16,579 SQ. F'T. (0..18 ACRES)
PRoPOSED IIolP(R'o1OUS AREA Of lOT 2 - 0,552 so F'T
PROPOSED PERCENT IIolPER\IlOUS AREA Of LOT 2 - 27.5%
LOCA nON MAP
NO SCAL(
PRELIMINARY PLAT
LA TTERELL ESTATES
PRIOR LAKE, MN
C-2
~,-
~~~;~~~;r~:=~~~
, _11I>, .,.-tJIy tt>ol l~" P""" -"_lan. ar '_1 ... ~o<l ~, "'"
;'"g':;:: :~ ~:.~ ;;::,.,.-...: ":-~~."':t ~~lt~i.";,,~::,~d
JACOBSON
ENGINEERS & SURVEYORS
PRE:P"-'llCfCR
Se...erson, Sheldon, Dougherty. &>
Molenda, P,A
Attn; Mr. Stephen Ling
Suite 600
7.300 West 147th Street
Apple Volley. MN 55124
i
-_ t
sy,....."'~-
21029>lD1"""'''
rt:L (;5.) 4I;V_"J1B '-"~[VU.[. .... 550+<
-T--==]
ou<oTtS>FlQNWClOoUWEI<l
llEARING5N1E~OGAT\IW
LEGEND
ELECTRICAlTRANSFOfllllER
-8.S--~
STOflt.lS['N[RLlN[
SANITARY S(\IIli:R UNE
EXISTING spor ELEVATION
G,f.-103S.67 GAR"GE fLOOR ELEVATION
L-falD6\.O LOWEST FLOOR ELEVATION
/9\&---- PROI'OsrnCONTOUR
~@ PROPOSi:O 2.S' RED OAK "TRE[
NOTES:
I.) 8ENCHt.lARI( - TOP NUT H'l'DRANT . SOUTl;WEST CORNER OF SITE
ELEVATION ~ 95J.J7
2.) unUTlES SHOIW< ARE APPROXIIolA,n: LOCATION. CAll GOPHER
ST.o.rr ONE CALL AT 811 FOR unuTY, GAS UNE.
I\ND EL.(CTRICI\L LINE LOCAllQNSPRIOR TO EXCAVAT10N
J.l PROPERTY IS 100m R-l (LOW DENSln' R[51OE:Nll,r.,t)
...J lOT ,l,RfA ~ 12.000 so n
5.) LOT ~DTH - 615 FEET
15.) BUILDING s[TEAC~S
A.} FRONT YARD ~ 25 ITn
e,) RE,o.RYARO-2.sITn
C,) SlOE r,o.RD ~ 10 fEET
7,) GRADES VARY ~THIN TRH/BRuSH AREA
;i f
e,} PROPERTY IS NOT LOCATED IN THE ROO) PLAl'"
\
I'
9.) "'0 WETLA/<WS EXIST ()f-.l SHE
10.) TOTAL AR[A Of (XlSn",G PflOPERTY ~ J7,95<4 so fL (0,87 ACRES)
=~~~~~ :~~: ~ ~g~ ~ : ~~',;j~ ~~. ~-~. ~~.~ 1~i~~
11.} PAP SHO~ FOR PLATTlNG PURPOSES ONLY NO GRADING ~OR FlJTURE HOUSf
PAO AT TJ-iIS TIlliE
12.) AU DISTURBED AREAS SHALL HAVE SEED IolIXTURE NO, 50" PLACW AT
THE RAT[ Of 75 POUNDS PER ACRE. IolULCH SHAlL BE PLACED AT A
TARGET RAT[ Of 2 TONS PER "CRE
lJ.) Rl-IJ[GETAT[ SITE ~iHIN <48 HWRS 0/' FINAl GRADING
H.) THE STREETS MUST BE aLARED Of DEBRIS AT THE END Of EACH DAY
ADDITlONAl S'M:EPING ~Ll BE REQUIRED DURING THE HAUUNG PROCESS
Au.. STREETS IolUST BE IolAINTAINED TO SAtE DRI\;1NG CONOITlONS
15.) PROPOSED SLOPES AS S<;OWN ARE NOT GREATER THAN J:I
16.) UWSlON CONTROL FENONG IS REQUIRED AROUND THE DRIP w.ES Of All
TREES IDENTIfiED AS 'SAIiLO. OURING ANY GRADING OR CONSTRUCTION ON Silt
17.) UWSlON CONTROl. "MLL NEED TO BE PRO\;1DED DURING ANY CONSTRUCl1ON
ACTI\;1TY TO KEEP SEDIMENT OIT Of .o.DJACENT LOTS OR ROAOS.
GRADI N G /DRAIN AGE /UTIU TY
PLAN
LA TTERELL ESTATES
PRIOR LAKE, MN
"-. luG;
\
I
j
c-]
i .
en
w
I-
<(
I-
en
W
.....J
.....J
W
0:::
W
l-
I-
<(
.....J
/~
~ z=
"1'.:.'
1 <>
I"
'~ni~
~ ~ ~ 9l
! "[ 1 I ~ ~!
~ "_n-' 1~15
~ -1 n 'I W:
-~lh
im
~
"-
""
"
z~
g[;:
~1
u
S
~::1
,.
~' :-, mf!i~ Ii
,-;'i
." !1."l
~'li i~
~'! .' iJ
"
H'!:'5 ..<
H Imm i~
~, Ii
~ ~ p'
" IJ
g~
l~ 6-a...!, iJ I;
!!!ji~ iu
It ~ I~ 55
.. II. <>;'j
I' 55
, io ;-,3
Il .l
oJ .~ <'>0
i, ~~ i'.~
h. ~~ ,"
~~~i~!~ . " ~; ~h~
~.gJ!
'"
(.\l C\"l~C;~~,..o g,
""~ ~~:~~~~(.,.~\)
0-t<~~~('~.90~~i~j' ~
- W.\\.:t~ \)tt 5 ~~11.~\
,~
:~
'6
S
<P
- ,----
c;L 'OC= S'v3ri
OO'OC=ST~
M ,6<;'<;0000 S
~:';':::!~ ];j~'{i:; ~';']
(i,
'"OW
0>0>,
~..t<.D
"'",'"
NNin
II II III
vit-a,
c55co
,,"-z
\. ~~~'-
"I-
\:1
1
I,
i!
r
"~
I
U
~"
U1
I f-
, W
W
,; I
U1
~ 1
i - i "-
, " 0
l.g 1iE 1
! si f-
. .. w
l: w
i I
. !i U1
.!5
!1
Ii i~ I I~~
~g~
..:;> I 0'
~l c~ ~ IH
,. ~1 ..
;! i'j J
~, j ~. r
ji~ ~r~ , ]
Ii
.
,
~
I
:1
~j .
I
,
,
28
..
"~
~!m
19-8li"
~ i '" 'i li
t~m
HiH
nm
~~~~~
WHI
o"'1i E]:2
dig,~
;~j~i~
:~;d5~
",;.,
i!
i~
~ 1;
]~
~~
j~
~ a
j~
"
~:
!ij
l!
1:
'5
!!
"}
'.
t~
;1
;~
H
i:
SHORT FORM
DEVELOPMENT CONTRACT
LATTERELL ESTATES
PROJECT #07-132
This SHORT FORM DEVELOPMENT CONTRACT is entered into this 1 st day of October,
2007, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and
Jesse Latterell, 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
1:\07 files\07 subdivisions\07 prelim & final\ling-latterell\draft dev contract.doc
Page 1
(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: (1) 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 LATTERELL ESTATES (referred to in this Development Contract as the "Plat"). The land is legally
described as:
Tract D, Registered Land Survey No. 143, Scott County, Minnesota, (Torrens)
And,
All that part of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company
in Government Lot 4, Section 35, Township 115, Range 22, lying westerly of the centerline of the tract thereof as
shown in Scott County Recorder Document No. 178669, lying between the easterly extension of the south line
and easterly extension of the north line of Tract D, Registered Land Survey No. 143, Scott County, Minnesota
(Torrens ).
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
1:\07 files\07 subdivisions\07 prelim & final\ling-latterell\draft dev contract.doc
Page 2
the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plan includes:
Plan A --
Final Plat Stamp Dated September 18, 2007 (Prepared by Jacobson
Engineers and Surveyors)
Plan B --
Grading, Drainage, and Utility Plan Dated September 18, 2007 (Prepared by
Jacobson Engineers and Surveyors)
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 timeline 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
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 grading, drainage and utility
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
1:\07 files\07 subdivisions\07 prelim & final\\ing-latterell\draft dev contract.doc
Page 3
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 grading, drainage, and utility 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 grading, drainage, and utility 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.
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
1:\07 files\07 subdivisions\07 prelim & final\ling-latterell\draft dev contract.doc
Page 4
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 $1,060.00 prior to the City signing the final Plat. The amount was calculated as
follows: 0.38 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 $1,870.00 for street oversizing improvements prior to the City signing the final Plat. The
amount was calculated as follows: 0.38 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. 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.
12. 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 unit 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.
1:\07 files\07 subdivisions\07 prelim & final\ling-latterel1\draft dev contract.doc
Page 5
13. 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
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.
14. CITY DEVELOPMENT FEES. The total amount for Development Fees as set forth in
Paragraphs 9, 10, 11, and 12 above is $24,680.00 for City Development Fees. The Developer shall 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
Sanitary Sewer and Water Connection Charge
Park Dedication Fee
$
$
$
$
1,060.00
1,870.00
18,000.00
3,750.00
TOT AL CITY DEVELOPMENT FEES $ 24,680.00
15. 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.
1:\07 files\07 subdivisions\07 prelim & final\ling-lattcrell\draft dev contract.doc
Page 6
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.
16. 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: 808 lih Ave. North, St. Cloud, MN 56302.
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 55372-1714. Concurrent with providing Notice to the
City, Notice(s) shall be served upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan &
Johnson, 600 US Bank Plaza South, 220 South Sixth Street, Minneapolis, Minnesota, 55402-4501.
17. 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.
18. 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
1:\07 files\07 subdivisions\07 prelim & final\ling-latterell\draft dev contract.doc
Page 7
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.
19. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within ninety (90) days of the City Council's approval of the Development
Contract. The Developer shall provide the City with a recorded copy of the Development Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title
of the property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
20. 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 In 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.
21. MISCELLANEOUS.
1:\07 files\07 subdivisions\07 prelim & final\ling-lattere1\\draft dev contract.doc
Page 8
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.
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\ling-Iatterell\draft dev contract.doc
Page 9
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATEOFMINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
,20_,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
1:\07 files\07 subdivisions\07 prelim & final\ling-latterell\draft dev contract.doc
Page 10
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion ofthe subject property owned by them.
Dated this _ day of
,20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
1:\07 filcs\07 subdivisions\07 prelim & final\ling-latterell\draft dev contract.doc
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 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 )
The foregoing instrument was acknowledged before me this _ day of
20 by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
1:\07 files\07 subdivisions\07 prelim & final\ling-Iatterell\draft dev eontraet.doe
Page 12
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by
the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
Dated this _ day of
,20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
1:\07 files\07 subdivisions\07 prelim & final\ling-Iattercll\draft dev contract.doc
Page 13
SURVEYOR'S COpy
LATTERELL ESTATES
LOCA nON MAP
~~
ClR_~GE: ","0 UllUrr u.snou<T'5 AA~ ~0lItI THU$o
J'-
,
>--.
'" I
I . .~...
~
~~~~
ElDI<~ ~ fUT'~ 'MOTH N*O A(l..(JNNG SIll:
1.OIUNE1iloNOaooeIOf'E[T...,Il1N1O
AO.DNlNGST1lEE1"LM:s.....oRE""'LOTUI'<ES.
UM..fS50THOrMSlI~c.o.'fEllCtl1HEP'UoT_
~~;~~rD' "';"~,:,,:~)~:o~,;';:;t~~~; '~jg
:>it s.oul~ ~M ~ mAC' iO. "L5 ~c "~ ,"
'S:;"'~D TO ~.,/[ . Bl"",NC DI " e~' ~~ ~6' l
~; ~
-..---
Ih...llbycertifylhollho.......,."..l'f'<!C>"ldplo\t..,th.prop..-tyd..cribedon
thi. plct 01 LAITERELL (STATES; thot this plat i. II CO'UCl repfllaeotctlon
of the aur"."y. I~at ojl distoncu ...-8 corroctly snown on V10l plat in 1....1
ood h~ndrlldtn. of" loot; thot 011 monument. ho..... b.ef1 correctly pieced
i<1 the ~(""nd os shown; li1ct the ovl~d" bou"d<Jl'"~ I.,... ae. "Oft.clly
dlI~19n<lled on \Il. plat: o"d th..... ar. no ..tland. os def",ed ;" "'S
505.05. Subd. 1. or public nt!11'"cys to oe dulQflcled other than O~ liIho"""
Oflth,plal
,0
m
><
I
;;~:=O~~ ~~:;.;~: Sur""~
LOT 1
SlATE Of ~INNESOTA
COUNTYOf~__
The !0<'''0'''9 s...""",",,,'1 C..-tif><:ale ..al"cl<.nowled"ed befor.. me Ihi.
day 01 , 20--..b~ SteYt!n W, Lo,"", ReQilt....ed Land
s",,>,,,
-
L,~
CL
'\
~)~Olf)1
~) en ~d
~,S~7~i
?uiui,
g~~11
<nO<"
p;r-ortc;rill"~-~COOnly,loIinn..':Olii
loIy CommiUIcn hpiru
OJ
-
--i
)>
I do h...-et>y c..,tUy Ihot on Ihe__dOy ol_~_ _______.
20_ tneCityCounciof\neCityofPr;or~oke,lolinn...oto. appro.edln;.
plot
MEAS.=254.9]
PLAT=254.90
N 89'55'56' E
"';~s
(~\\(
-"j,lan09"'-
~
P<.Ir.",anl to loIinnnoto Slolutu, Chopl.' J8,1.09. S<Jbd.'. 01 omonold. Ini.
plotholb..snr.......eoandopp'o.e.dtni.~doyof~_
, ,"---
--sc;;tfCwnlySu..p'-
scan COUNTY AUDITORjTREASUflER
I nereby ce,tlly that tnecu"..ntondoelirlquent la.escnth..lor1d.
o...,,-ibed...;thin"'.paidandth.tran.,"'i.ent......oth,.~
day 01_. 20_
In "itn.u wt1e,eafeoKl Jesaelaller.l. amarrildp"'OOf1, h"Yt!ne'euntooethi ohand.lnl.___d"yol
_~.20_
KNOW All IoIEN BT THESf PRESENTS, That J..o"" lotlerell, 0 married per."", o..ne, at In.. 100Io...ln" des<::,lb..d
property lit<.laled m tile Coonty 01 S<;;otl, Stole of lolinn...ota. 10 ..it
ScottCounlyT,..o"",cr
Scott CounlyAudilor
Trod 0, Re,,'"te'..o Land Survey No. \~j. Scott Count)', lolinne.ola
-Jeos..Latter--e;I-'
. Deputy
Si"nedby
STATE OfIolINNESOTA
All tnot po,t of th.. abandon..d r;.,h\-ol-..oy 01 th.. Chic090, WiI"o<.lk"". SI. Paul, ond
Pocll'lc Ro~'oad Company in Go~".,enl lol ~, S.ctiOl'l )5. lowt1at>ip '15. Rong. 22,
lyln9 ...Qtlll1y of Ih. c,.,,\erHn. o/th.. tract Iheu,,1 01 .nown in Scoll County
Record. Ooo.;m...t No. 1186ti9.lylnqb.I....... tho .oet.ny...I.,.,lien of Ih.. Iculh line
ondeclllll1y..lsnllon of Ihe north Iln. Of T,cctD,Re9isleredLandSo.irveyNo.14 J,
SccttCouoty.loIinneS<lta
SCOTT COUNTY REGISTRAR or TITUS
I ""'oOy urtify Ihol thll plot "01 filed '" t"~ office of In~ fl"9loltor ol
fitl.. fOt record on Illis_dcy "f_~. 20~ at_o'dcck,
101.0. Document Nc
The fO<'90i09 ,ne\'umenl ..a. ockno..laoged b.for. me 1"lo_"oy ot~, 20__oy "",ue lott",.1I "mcrried
,--
Ho..... cou...d the same lobe sur'o'tl~d ondpl"l\ed 01 UlffiREu,. ESTATES ond OC "erebydonot.. and dedicate to
tn. put>lic t.,.- p<.IbIic u'"" fore__ \he ..c..,.,,,,,1I OS sho..n on tn,s ~at fo< drc,nc,"e end ulOlly purpcsel only
SccttCountyR"9I.tro, 01 Titl..
(Tcrr"".ProplflY)
Nolo,yP<.lbliC.~C""nty,loIinne-.::oiO
loIyCornmiseionE.:pi,IIS___
c:-= 4
SHEET 1 OF 1 SHEETS
EXHIBIT "B"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. Payment of all fees prior to release of the final plat mylars.
2. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
3. Four mylar sets of the final plat with all required signatures are submitted.
4. The developer provides development fees, acceptable to the City Engineer prior to release of the
final plat my1ars.
5. 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 January 1, 2008, will render the final
plat null and void.
1:\07 files\07 subdivisions\07 prelim & final\ling-Iatterell\draft dev contract.doc
Page 15
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.rn. on December 31, 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 December 31 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 files\07 subdivisions\07 prelim & final\ling-latterell\draft dev contract.doc
Page 16