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HomeMy WebLinkAbout05(M) - Resolution Approving a Combined Preliminary and Final Plat, Easement Vacation and Development Agreement for a Subdivision to be known as Ridgewood Court Report ITEM: 5M CITY COUNCIL AGENDA REPORT MEETING DATE: April 28, 2026 PREPARED BY: Jake Skluzacek, Planner PRESENTED BY: Casey McCabe, Community Development Director AGENDA ITEM: Resolution Approving a Combined Preliminary and Final Plat, Easement Vacation and Development Agreement for a Subdivision to be known as Ridgewood Court RECOMMENDED ACTION: Motion and second approving a resolution approving a combined preliminary and final plat, easement vacation and development agreement for Ridgewood Court. BACKGROUND: Mesenbrink Construction & Engineering has applied for approval of an Easement Vacation and Combined Preliminary and Final Plat to be known as Ridgewood Court. The applicant is proposing to subdivide two previously platted outlots, totaling approximately 2.55-acres, into two lots for future low density residential development. The subject property is located to the west of Ponds Parkway SE, north of Mushtown Road, and southeast of Ridgewood Court SE. The property, which totals approximately 111,004 sq. ft., is undeveloped and was originally platted as outlots for the adjacent Woodridge Estates 4th Addition and Parkwood Estates developments. The applicant is proposing to create an approximate 59,036 sq. ft. vacant parcel and an approximate 51,963 sq. ft. vacant parcel along Ponds Parkway SE for future single family residential development. The applicant is also proposing to vacate existing drainage and utility easements dedicated on a previous plat and replace them with the standard drainage and utility easements required as part of the development. Subsection 9-34 of City Code allows for the combination of a preliminary and final plat in one action due to the simplicity of the proposed subdivision provided:  The resulting subdivision contains no more than 5 lots. The resulting subdivision will contain two lots.  The proposed subdivision is located in an area where streets and utilities are in place and capable of serving the subdivision. Streets and utilities are available and capable of serving the subdivision.  The proposed subdivision does not require the dedication or construction of future streets and will not interfere with the development of adjacent properties. The proposed subdivision will dedicate the necessary right-of-way on Ponds Parkway SE and will not require construction of streets and will not interfere with development of adjacent property.  The resulting lots shall conform with all provisions of the Zoning Code unless a variance has been granted. The resulting lots will both conform with all provisions of the Zoning Code and variances will not be necessary. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5M Page | 2 Current Circumstances The following paragraphs outline the physical characteristics of the existing site, the comprehensive plan and zoning designations, and a description of some of the specifics of the site. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site area is 2.55 acres which is proposed to be subdivided into two lots of approximately 1.36 acres and 1.19 acres respectively. Wetlands: A Basic Management Class wetland is located on the site, which requires a buffer strip with a minimum width of 15 feet and an average width of 30 feet. The owner will be required to enter into a Developer’s Agreement with the Prior Lake Spring Lake Watershed District for the establishment and recording of a Declaration for Conservation Easements over the buffer area. Access: Access to both lots are available from Ponds Parkway SE to the east. Only full curb panels are to be removed for driveway aprons. 2040 Comprehensive Plan Designation: This property is designated for low density residential on the 2040 Comprehensive Plan Land Use Map. Zoning: The subject property is currently zoned R-1, low density residential. The subject property conforms with the Comprehensive Land Use Plan Map guidance. Parks / Trails: The proposed trail along Ponds Parkway must extend to the northern property line. Sanitary Sewer / Water Mains: City utility work will need to be completed before or concurrently with this project. A Notice to Proceed will not be issued until City work is underway. The shared sanitary sewer service for the proposed homes will be private to the existing manhole similar to other sanitary sewer services in the City. An agreement will be required between the two properties for responsibility and maintenance of the shared manhole and sanitary sewer service to the existing manhole. Storm Water Management: Stormwater meets the threshold for treatment. Proposed new impervious is greater than 3,500 square feet, the applicant will be required to meet City stormwater requirements for rate and volume control. A Stormwater Management Report shall be submitted showing how the requirements will be met. An NPDES permit is required for this site as it exceeds 1 acre of disturbance prior to construction. All proposed drainage slopes shall be at a minimum of 2%. Stormwater requirements and grading plans will be reviewed by City staff as part of a future building permit review process. An NPDES permit will be required for this site as it exceeds 1 acre of disturbance prior to construction. Easement Vacation The city’s standard 10 ft. drainage and utility easements were dedicated over the existing southern parcel (Outlot A, Parkwood Estates) in 2021. The city’s standard drainage and utility easements were not dedicated over the northerly parcel (Outlot A, Woodridge Estates Fourth Item 5M Page | 3 Addition) when that property was platted in 1998. The applicants are proposing to dedicate the necessary drainage and utility easements on the final plat of Ridgewood Court. With the dedication of necessary easements on Ridgewood Court, the previously dedicated easements on Outlot A, Parkwood Estates are no longer necessary and may be vacated. The Resolution to vacate the Parkwood Estates easements will be considered by the City Council and will include a condition that the easements shall not be vacated until the plat of Ridgewood Court is approved. Conclusion The Planning Commission held a public hearing on April 6, 2026, and unanimously recommended city council approval of the request for Combined Preliminary and Final Plat and easement vacation. FINANCIAL IMPACT: No financial impact is anticipated as a result of this action. ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, approving a resolution approving the combined preliminary and final plat, easement vacation and development agreement for Ridgewood Court, conditioned upon addressing all comments listed in the 3/26/26 Community Development / Public Works Memorandum. 2. Remove this item from the consent agenda for additional discussion. ATTACHMENTS: 1. Location Map 2. Ridgewood Court Preliminary Plat 3. Ridgewood Court Final Plat 4. Ridgewood Court Easement Vacation 5. Ridgewood Court Review Memo 3.26.26 6. Ridgewood Court Development Agreement 7. Ridgewood Court Resolution 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 26-___ A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT, EASEMENT VACATION AND DEVELOPMENT AGREEMENT FOR RIDGEWOOD COURT Motion By: Second By: WHEREAS, Mesenbrink Construction & Engineering (the “Developer”) has requested approval of a Combined Preliminary and Final Plat to be known as Ridgewood Court for a parcel legally described as: Outlot A, WOODRIDGE ESTATES 4TH ADDITION, Scott County, Minnesota. (PID 253530030); and Outlot A, PARKWOOD ESTATES, Scott County, Minnesota. (PID 255580560); and WHEREAS, the Prior Lake Planning Commission conducted a public hearing on April 6, 2026, to consider the request for Combined Preliminary and Final Plat and Easement Vacation for Ridgewood Court; and WHEREAS, notice of the public hearing on said Combined Preliminary and Final Plat and Easement Vacation was duly published and mailed in accordance with the applicable Prior Lake Ordinances; and WHEREAS, the Planning Commission heard all persons interested in the Combined Preliminary and Final Plat and Easement Vacation at the public hearing, and the Commission recommended the City Council approve the Combined Preliminary and Final Plat and Easement Vacation for Ridgewood Court on a 5-0 vote subject to certain conditions; and WHEREAS, the City Council considered the Planning Commission’s recommendation and Developers request for approval of a Combined Preliminary and Final Plat and Easement Vacation for Ridgewood Court on April 28, 2026, and found it met the requirements of Subsections 9-34, 9-66 and 9-67 of the Prior Lake Subdivision Code; and WHEREAS, the City Council approved the Combined Preliminary and Final Plat, Easement Vacation and Development Agreement for Ridgewood Court on April 28, 2026. 1 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council approves the Final Plat of Ridgewood Court subject to the following conditions: a) The Developer shall obtain the required permits from other state or local agencies prior to any work on the site. b) The Developer shall revise the plans in accordance with the requirements contained in the Community Development / Public Works Departments memorandum dated March 26, 2026. c) The Developer shall record the Final Plat and Development Agreement within ninety (90) days after approval of this plat. 3. The City Council approves the vacation of drainage and utility easements dedicated over Outlot A, Parkwood Estates, subject to the following condition: a) The drainage and utility easements shall not be vacated until the Final Plat of Ridgewood Court has been recorded in the Office of the Scott County Recorder. th PASSED AND ADOPTED THIS 28 DAY OF APRIL 2026. VOTE Briggs Braid Churchill Lake Hellier Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ___________________________ Jason Wedel, City Manager 2 Page 1 DEVELOPMENT AGREEMENT Ridgewood Court PROJECT #PDEV26-000004 This Development Agreement (“Agreement”) is entered into this ____ day of ________, 2026, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Mesenbrink Construction & Engineering, Inc. (“Developer”). WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of Scott, legally described on Exhibit A (“Property”) being platted as set forth in Exhibit A (“Final Plat”); WHEREAS, Developer has applied to the City for Combined Preliminary Plat and Final Plat approval of the Property; NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 26-_____ (“Resolution”) for Combined Preliminary Plat and Final Plat approval of the Property, Developer agrees to construct, develop and maintain the Property as follows: 1. RIGHT TO PROCEED. The City shall not issue a building permit and Developer shall not construct upon the Property in any manner, or begin the Development Work until all of the following conditions have been satisfied: 1) the Final Plat and this Agreement have been fully executed by all parties Page 2 and recorded in the office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary Security, deposits, fees and insurance have been received by the City, and 3) the City Engineer or his/her designee has issued a letter that all conditions have been satisfied and that the Developer may proceed. 2. PHASED DEVELOPMENT. This Agreement represents approval only of Ridgewood Court and the related improvements set forth on the Final Plat and Plans. It does not represent approval of any additional development including any future phases. Fees and charges collected by the City in connection with infrastructure, public improvements and parkland dedication requirements are not being imposed on outlots, if any, in the Final Plat that are designated in an approved preliminary Plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and blocks. 3. DEVELOPMENT PLANS. A. The Property shall be developed in accordance with the final plans identified below, subject to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein. If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply. The Plans are: Plan A - Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by Rehder & Associates, Inc.) subject to the changes and modifications set forth in the Resolution. Plan B - Grading, Utility, and Tree Preservation Plans prepared by Rehder & Associates, Inc. and dated February 5, 2026. B. In addition, Developer shall grade, construct upon, and improve the Property pursuant to all requirements of this Agreement, the Resolution, the Prior Lake City Code, the City's Public Works Design Manual (“PWDM”), and the direction of City Manager or his/her designee. All improvements and other work required by the Plans and such other work as is required by this Agreement, the Resolution, Page 3 Ordinance, or the documents or parties identified above are hereafter referred to as the "Development Work." 4. FINAL PLAT AND AS-BUILTS. The Developer shall submit the Final Plat in electronic format. The electronic format shall be compatible with the City's current software. 5. MONUMENTS. Before the Security is released, Developer shall install iron monuments in accordance with Minn. Stat. §505.021. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 6. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a non-revocable license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property. 7. EROSION CONTROL. A. Developer shall be responsible for constructing and maintaining all grading, storm water/drainage infrastructure, and erosion control in compliance with the Plans, the City Engineer or his/her designee’s requirements, and the individual building/grading plan for each specific lot, until a certificate of occupancy has been issued for each specific lot. B. Developer shall install silt fence prior to lot construction to avoid erosion to adjoining properties, public sidewalk or the public street; locate all garbage roll offs and dumpsters, or cause the same to be located, on the Property and not on public property; and install protection at catch basins to prevent silt and debris from entering the storm sewer. C. Developer shall seed or lay cultured sod in all boulevards and restore all other areas disturbed by the Development Work within thirty (30) days of the completion of street related improvements. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP. No building permits will be issued until the Developer has installed silt -fence behind the curb of all Page 4 buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request of the City Engineer or his/her designee, the Developer shall remove the silt fences after turf establishment. D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented by the Developer and inspected and approved by the City Engineer or his/her designee. The City Engineer or his/her designee may require the Developer, at no cost to the City, to install additional erosion control measures if they are necessary to meet erosion control objectives. All areas disturbed shall be reseeded immediately after the completion of the work in that area. All seeded areas shall be mulched and disc anchored as necessary for seed retention. E. No development or utility construction on the Property will be allowed unless the Property is in full compliance with the erosion control requirements for the Property. 8. CONSTRUCTION ACCESS. Construction traffic access shall utilize Ponds Pkwy SE via Mushtown Rd SE. 9. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS. A. A temporary or permanent certificate of occupancy shall not be issued for any building on the Property until water and sewer services are connected to the Property. B. Notwithstanding any other provision of this Agreement, the City will issue a building permit upon Developer’s compliance with the following requirements: (1) approval of the building plans by the Building Official; (2) approval of a site survey by the City Community Development Director; and (3) a plan for utility extension has been approved and a Notice to Proceed has been issued by the City Engineer. 10. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS. A. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated Page 5 Property. Prior to Final Plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title; (ii) that Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances; and (iv) that to the best of its knowledge, Developer states that no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. B. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs, that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. 11. LEGAL FEES. Developer shall be responsible for all reasonable legal fees incurred by the City relating to revisions and amendments to and enforcement of this Agreement. The City Engineer or his/her designee may invoice the Developer directly for such costs and Developer shall pay all such invoices within ten (10) days of receipt. 12. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set forth in the City Fee Schedule related to the Combined Preliminary and Final Plat application prior to any Page 6 work occurring on the Property. Fees and charges are nonrefundable. Such fees and charges may include but are not limited to the following: A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on construction cost estimates to reimburse the City for costs incurred. B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park dedication fees for the Property as required by City Code in effect as of the date of the plat approval. C. Tree Preservation and Replacement. D. Trunk Storm Water Acreage Charge. E. Trunk Water Acreage Charge. F. Trunk Sewer Acreage Charge. G. Street Seal Coat Fee 13. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance of all platted lots on the Property, including but not limited to mowing and weed control, sidewalk clearing (ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and other maintenance issues for which the Developer receives notice from the City Manager or his/her designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each specific lot is sold. 14. CLEAN UP AND DAMAGE: A. Developer assumes full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of the Property. Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with Page 7 debris when occurring as a direct or indirect result of the construction that takes place on the Property. B. Developer shall clean the streets every day or as required by the City Engineer or his/her designee. C. Developer agrees that any damage to public property occurring as a result of construction activity on the Property shall be repaired immediately if deemed to be an emergency by the City Engineer or his/her designee. Developer further agrees that any damage to public property as a result of construction activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City Engineer or his/her designee. 15. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the Property. Any work related to roads, trails, drainage, and utility improvements, which are specified herein to occur on land outside the Property, shall occur exclusively within the appropriate easement boundaries for such work. In no event shall any work performed by Developer or Developer’s contractors and subcontractors interfere with other properties, right-of-ways, or easements. 16. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property during construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give five (5) business days’ notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by the City Engineer or his/her designee. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be reasonably determined by the City Manager or his/her designee. 17. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and Page 8 against any and all claims, demands, lawsuits, complaints, loss, costs (including reasonable attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 18. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein, Developer shall pay all costs incurred by it or the City in conjunction with the development of the Property, including, but not limited to, legal, planning, engineering, design, development, construction, clean up, repair, easement and land acquisition, and inspection expenses incurred in connection with (i) review, approval, denial, and implementation of zoning, CUP, platting, site and building plan, and any other reviews, approvals, or denials by the City and any other reviewing authority; (ii) the Developer Installed Public Improvements; (iii) the Property; (iv) the preparation and review of the Agreement and other documents referred to in the Agreement or related to the Development Work; and (v) enforcing the terms of this Agreement. Developer shall pay in full all bills submitted to it by the City, in accordance with this Agreement, within 30 days after receipt. 19. DEVELOPER'S DEFAULT. A. Definition. In the context of this Agreement, “Event of Default” shall include, but not be limited to, any one or more of the following events: (1) failure by the Developer to pay in a timely manner, all fees, charges, taxes, claims and liabilities, including but not limited to all real estate property taxes, utility charges, and assessments with respect to the Property; (2) failure by the Developer to construct the Developer installed improvements on the Property pursuant to the terms, conditions and limitations of this Agreement; (3) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (4) transfer of any interest in the Property without prior written approval by the City Council (for the purpose of this paragraph, the sale of a lot or “unit”, except Page 9 an outlot, to a builder is not an event of default); (5) failure to correct any warranty deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the City or to pay when due the payments required to be paid or secured in connection with this Agreement; (7) failure by the Developer to renew the Security at least thirty (30) days prior to its expiration date; (8) receipt by the City from the Developer’s insurer of a notice of pending termination of insurance; (9) failure to maintain a current insurance certificate on file with the City meeting City requirements; (10) failure to maintain the required insurance, bonds or Security; (11) a breach of any provision of this Agreement; (12) if any representation made by Developer in this Agreement, is inaccurate, either when made or at a later date; (13) failure by Developer to pay its debts as they become due, the voluntary or involuntary filing of a petition in bankruptcy, an assignment by Developer for the benefit of its creditors, or the appointment of a receiver for (a) Developer; (b) all or any substantial portion of Developer’s assets; (c) the Property; or (14) if Developer is in default under any mortgage or other pledge, guaranty or security agreement. B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, through the City Manager, City Engineer, City Community Development Director, City Attorney or any of their designees, may take any one or more of the following actions: 1. The City may suspend its performance under this Agreement. 2. The City may draw upon or bring action upon any or all of the securities provided to the City pursuant to any of the terms of this Agreement. 3. The City may take whatever action, including legal or administrative action, which may be necessary or desirable to the City to collect any payments due under this Agreement or to enforce performance and/or observance of any obligation, agreement or covenant of Developer under this Agreement. 4. The City may suspend issuance of building permits and/or certificates of occupancy on any of the lots, including those lots sold to third parties. 5. The City may suspend the release of any escrowed dollars. Page 10 6. The City may use deposit or escrow dollars or other security to satisfy any outstanding financial obligations to the City including but not limited to all real estate property taxes, utility charges, and assessments with respect to the Property; 7. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the Property and cure the default, including but not limited to, completion of the Development Work. When the City does any such work all costs incurred by the City in performing such work shall be recoverable by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes Section 429.081. C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of Default not less than five (5) business days prior to City’s curing the default or exercising a remedy, or such other period of time as the City, in its sole discretion, deems reasonable under the circumstances. The City will not exercise its remedies so long as the Developer, within the five (5) business day period commences to cure the Event of Default and diligently pursues to completion such cure of the Event of Default stated in the Notice. If, in the City’s judgment, an Event of Default results in a threat to the public health, safety or welfare, the City may act to correct the default without notice. D. Election of Remedies. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. The City may, but is not obligated to, exercise any of the remedies referred to in this paragraph. Page 11 20. NOTICES. A. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by United States mail at the following address: 7765 175th St. E, 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 United States mail in care of the City Manager at the following address: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, Minnesota 55372. Concurrent with providing notice to the City, notice(s) shall be served upon the City Attorney at the following address: Campbell Knutson, P.A., Attn: David Kendall, Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, MN 55121. B. Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. C. Notice related to an Event of Default shall include the following: (1) the nature of the breach of the term or condition that requires compliance by the Developer, or the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the Event of Default; and (3) the time the developer has to cure the breach or remedy the Event of Default. 21. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to this Agreement or the Development Work. The responsibility to indemnify and hold harmless the City, its Council, agents, employees, attorneys and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. Page 12 22. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have no recourse against the City under this Agreement. The Developer agrees that any party allegedly injured or aggrieved as a result of the City Council’s approval of the final Plat shall seek recourse against the Developer or the Developer’s agents. In all such matters, including court actions, the Developer agrees that the indemnification and hold harmless provisions set out in paragraph 21 shall apply to said actions. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. 23. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out and maintain or cause to be taken out and maintained, until the expiration of the Warranty Period, a policy of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate. The City, its elected and appointed officials, officers, employees, planners, engineers, attorneys, and agents shall be named additional insureds on any such policy. The insurance certificate shall provide that the City shall be given 30 days advance written notice before any modification, amendment or cancellation of the insurance becomes effective. 24. FINAL PLAT AND DEVELOPMENT AGREEMENT. The final Plat and Agreement shall be recorded with the Scott County Recorder or Registrar of Titles, as applicable within 90 days of approval by the City Council. The final Plat shall be considered void if not recorded within the 90 days provided for herein unless a request for a time extension is submitted in writing and approved by the City Council prior to the expiration of the 90-day period. 25. RECONSIDERATION OR RESCISSION. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of all approvals issued Page 13 in connection with this Agreement, thus restoring the status of the Property before the Agreement and all such approvals. 26. SIGNS. The Developer hereby waives any claim against the City for removal of signs placed in the right-of-way in violation of the City Code or State Statutes. The City shall not be responsible for any damage to, or loss of, signs removed. 27. MISCELLANEOUS. A. Compliance With Other Laws. The Developer represents to the City that the Plat and the Developer in performing all work under this Agreement shall comply with all county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the Plat or Developer is not in compliance, the City Engineer or his/her designee or the City Attorney may, at his/her option, refuse to allow construction or Development Work on the Property until the Developer does comply. Upon such demand, the Developer shall cease work until there is compliance. B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer. C. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Agreement. D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by the parties and approved by resolution of the City Council. E. Waiver. Failure of the City to require performance of any provision of this Agreement shall not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the Page 14 City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify the effectiveness of such provision. F. Assignment. The Developer may not assign this Agreement without the prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any part of it. G. Interpretation. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its provisions. H. Successors and Assigns. Provisions of this Agreement shall be binding upon and enforceable against Developer’s successors and assigns including but not limited to all purchasers and owners of all or any part of the Property and their successors and assigns. I. Performance Standards. The Property shall be developed and operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. J. No City Liability. Except for the intentional acts of the City or its employees and contractors, no failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. K. Estoppel. Upon request of the Developer, the City agrees to provide an estoppel stating the status of the Developer’s obligations and the status of completion of improvements to be completed by Developer in accordance with the Plans under the terms of this Agreement. (Signatures Appear on Following Pages) Page 15 CITY OF PRIOR LAKE By: ________________________________ Kirt Briggs, Mayor By: ________________________________ Jason Wedel, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2026, by Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _____________________________________ NOTARY PUBLIC Page 16 Mesenbrink Construction & Engineering, Inc. By: ________________________________ ________________________________ Its: _________________________________ STATE OF MINNESOTA ) (ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 2026, by _____________________ as ____________________ for Mesenbrink Construction & Engineering. _____________________________________ NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 17 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property OUTLOT A, WOODRIDGE ESTATES 4TH ADDITION, SCOTT COUNTY, MINNESOTA (PID: 253530030) AND OUTLOT A, PARKWOOD ESTATES, SCOTT COUNTY, MINNESOTA (PID: 255580560) Page 18 EXHIBIT B TO DEVELOPMENT AGREEMENT Fee Table Deposit/Escrow Amt Per Total Construction Observation Deposit 8% of Public Improvements = $5,000.00 TOTAL Deposit/Escrow = $5,000.00 Fee Amt Per Total Administrative Fee 6% of Public Improvements = $1,212.00 Park Dedication Fee $3,750 X 2 Unit = $7,500.00 Trunk Sanitary Sewer Acreage $5,975 X 0.77 Acres = $4,600.75 Trunk Water Acreage $3,600 X 0.77 Acres = $2,772.00 Trunk Storm Sewer Acreage $5,300 X 0.77 Acres = $4,081.00 Chip Seal Fee (Public Streets) $2.25 X 0 Sq. Yd. = $0.00 TOTAL Fee = $20,165.75 Security Total Sanitary Sewer = $0.00 Water Main = $0.00 Storm Sewer = $0.00 Streets/Sidewalks/Trails = $20,200.00 Additional Items = $0.00 Subtotal (rounded) = $20,200.00 TOTAL (125% of subtotal) = $25,250.00 Page 19 EXHIBIT C TO DEVELOPMENT AGREEMENT Final Plat [Phone] 952-447-9800 | [Fax] 952-447-4245 | cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 Memorandum To: Rehder & Associates, Inc. Attn: Ben Quaas Mesenbrink Construction, Inc. Attn: John Mesenbrink SHC, LLC Attn: Jennifer Haskamp From: Jake Skluzacek, Planner Luke Schwarz, Assistant City Engineer Stephanie Thulien, Water Resource Engineer Troy Kupahl, District Director Scott SWCD Date: March 26, 2026 Re: Ridgewood Court Review Memorandum We have reviewed the draft construction plan documents submitted for the Ridgewood Court development at Ponds Parkway SE and Mushtown Road SE as prepared by Rehder & Associates, Inc. and and submitted by Mesenbrink Construction. The following documents were reviewed: • Civil Plan Set - Ridgewood Court – Civils Dated February 5, 2026 Comments are provided within this Memorandum and in the corresponding redlined plan set. Please note that not all comments within the plan set are in the Memorandum. We have the following comments with regards to stormwater management and engineering: General 1. Submit for and provide copies to the City of all required permits from regulatory agencies prior to construction (MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, etc.) 2. An NPDES permit is required for this site as it exceeds 1 acre of disturbance prior to construction. 3. Additional comments may be generated by Prior Lake – Spring Lake Watershed District’s review of the revised plans 4. Additional redline comments are provided in the accompanying plan set. Provide a response to all comments in this memo and the redlined plan set. Stormwater Management 1. Stormwater meets threshold for treatment. a. With the two new houses and driveways, new impervious is greater than 3500 sf and the applicant will be required to meet our stormwater requirements for rate and volume control. They will need to submit a Stormwater Management Report to us showing how they meet these requirements and will likely need to add a small pond or rain garden. All proposed drainage slopes shall be at a minimum of 2%. b. Provide calculations modeling the existing 100-year 10-day snowmelt event to determine if the wetland is landlocked or not. It will be considered landlocked if the existing outlet elevation of 996.0 is higher than this elevation. c. Applicant will need to confirm with Prior Lake - Spring Lake Watershed District if they need a permit for the wetland buffers if they haven’t done so already. d. Stormwater requirements and grading plans will be reviewed by City staff as part of a future building permit review process. An NPDES permit will be required for this site as it exceeds 1 acre of disturbance prior to construction. Grading Plan 1. Swale near home on northern parcel will need to either have a D&U dedicated for drainage or be graded to direct water down property lines within current proposed D&U. 2. Trail will need extended all the way to the property line. Utilities 1. Sanitary Sewer a. The shared sanitary sewer service for the proposed homes will be private to the existing manhole similar to other sanitary sewer services in the City. A maintenance agreement will be required between the two properties for responsibility and maintenance of the shared manhole and sanitary sewer service to the existing manhole. b. There is a need for future grinder stations to accommodate sanitary sewer service for the lots. Concept grinder stations should be shown outside of any drainage and utility easements. 2. Watermain a. Watermain tee must be 8”x8” b. All watermain to be 8” C900. c. Reconfigure ending with hydrant as shown in the plans on page C6. d. City work will need completed before or concurrently with this project. Notice to Proceed will not be issued until City work is underway. If this method is preferred, watermain must go in street. e. Services must be provided (not main) to connection point with city project. f. Provide a hydrant at the corner of Mushtown and Ponds. g. Curb stops should be shifted to the property line near the connection with the watermain. h. Utility easements shall be provided in favor of Lot 2 across Lot 1 for proposed water service. Wetland 1. Coordinate buffer requirements for PLSLWD Rule J – Buffer Strips with the watershed. Conservation easements with the Prior Lake – Spring Lake Watershed District are required for the Buffer Strips. 2. A Basic Management Class wetland is located on the site, which requires a buffer strip with a minimum width of 15 feet and an average width of 30 feet. The owner will be required to enter into a Developer’s Agreement with the Prior Lake – Spring Lake Watershed District for the establishment and recording of a Declaration for Conservation Easements over the buffer area. 3. Details regarding monumentation and vegetation establishment for the wetland buffer are outlined in Rule J, Paragraphs 7 and 8, respectively, and must be incorporated into the construction plans. Easement Vacation: 1. The city’s standard 10 ft. drainage and utility easements were dedicated over the existing southern parcel (Outlot A, Parkwood Estates) in 2021. The city’s standard drainage and utility easements were not dedicated over the northerly parcel (Outlot A, Woodridge Estates Fourth Addition) when that property was platted in 1998. The applicants are proposing to dedicate the necessary drainage and utility easements on the final plat of Ridgewood Court. 2. With the dedication of necessary easements on Ridgewood Court, the previously dedicated easements on Outlot A, Parkwood Estates are no longer necessary and may be vacated. The Resolution to vacate the Parkwood Estates easements will be considered by the City Council and will include a condition that the easements shall not be vacated until the plat of Ridgewood Court is approved.