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Item 06.o
September 29, 2011 Item No. OCTOBER 3, 2011 CITY COUNCIL MEETING FIRST PARK LAKEVILLE 3 ADDITION FINAL PLAT PROPOSED ACTION Staff recommends adoption of the following motion: Move to approve a resolution approving the final plat of First Park Lakeville 3rd Addition. OVERVIEW CB Richard Ellis, Inc., on behalf of FR/CAL INTERSTATE SOUTH, LLC has submitted plans to accommodate the needs of a tenant in the existing 282,100 square foot industrial building located at 9150 - 217 Street. The company is Computer Sciences Corporation (CSC). The proposed final plat will allow the expansion of the truck parking area to accommodate CSC's trailer fleet of which outdoor parking is an element of the business. The final plat will incorporate a 2.87 acre portion of Outlot C, First Park Lakeville that will include a combination of Lot 1, Block 1, First Park Lakeville to be known as First Park Lakeville 3rd Addition. The City Council approved the First Park Lakeville preliminary plat and first phase final plat on June 16, 2008 and the First Park Lakeville 2 Addition final plat on August 4, 2008. The Planning Commission recommended unanimous approval of the First Park Lakeville 3rd Addition final plat on the consent agenda at their September 8, 2011 meeting. PRIMARY ISSUES TO CONSIDER When will future phases occur? Future phases of the First Park Lakeville development will occur as the developer completes negotiations with interested future tenants. The remaining future lots will be final platted at a future date when specific development projects are proposed, SUPPORTING INFORMATION 0 Resolution approving the final plat of First Park Lakeville 3 Addition. 0 Signed Development Contract. 0 September 8, 2011 Planning Commission meeting minutes. 0 September 7, 2011 Parks, Recreation and Natural Resources Committee meeting minutes. 0 September 1, 2011 and planning and engineering reports. (et( /(-/ Frank Dempsey, AICP, As oci�anner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances, Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 11- RESOLUTION APPROVING THE FINAL PLAT OF FIRST PARK LAKEVILLE 3 ADDITION WHEREAS, the owner of the property described as FIRST PARK LAKEVILLE 3 ADDITION has requested final plat approval; and WHEREAS, the final plat was approved by the City Council on reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The FIRST PARK LAKEVILLE 3 ADDITION final plat is approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 3 day of October, 2011 ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 3 day of October, 2011 as shown by the minutes of said meeting in my possession. Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE Mark Bellows, Mayor Charlene Friedges City Clerk (SEAL) (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) First Park Lakeville 3rd Addition THIS AGREEMENT ( "Agreement ") dated October , 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and FR/CAL INTERSTATE SOUTH, LLC, a Delaware limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for FIRST PARK LAKEVILLE 3 RD ADDITION (referred to in this Agreement as the "Plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Lot 1, Block 1, and Outlot C, FIRST PARK LAKEVILLE, according to the recorded plat thereof, Dakota County, Minnesota (the "Land ") 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final Plat. 3. RIGHT TO PROCEED. Within the Plat or Land, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private 159655v12 1 LKVL:FIRsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary Security (as defined below) has been posted or deposited, as applicable, and 3) the Plat has been filed with the office of the Dakota County Recorder or Registrar of Titles. 4. PHASED DEVELOPMENT. If the Plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Park charges, sanitary sewer charges, and storm sewer charges referred to in this Agreement are not being imposed on outlots, if any, in the 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 final platted into lots and blocks. 5. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the Plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved Plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans. The plans shall not be attached to this Agreement. With the exception of Plans A, and B, the plans may be prepared, subject to the City Engineer's approval. All plans must be final and approved by the City Engineer before commencement of any work in the Plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by 159655v12 2 LKVL:FIRsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Plans and Specifications for Public Improvements Plan D - Site Plan Plan E - Street Lighting Plan Plan F - Landscape Plan 7. IMPROVEMENTS. The Developer shall install and pay for the following: A. Private Storm Sewer System B. Street Construction C. Concrete Curb and Gutter D. Street Lights E. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control F. Underground Utilities G. Setting of Iron Monuments H. Surveying and Staking (the "Improvements ") The Improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's 159655v12 3 LKVL:FIRST PARK LAKEVILLE 3 RI) ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre- construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable Security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 8. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members ( "City Personnel "), and corporations, partnerships, and other entities in which City Personnel have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 9. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Dakota County for County Road Access and Work in County Rights -of -Way • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Lakeville for Building Permits • City of Lakeville for Retaining Walls 10. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to 159655v12 4 LKVL:FIRsT PARK LAKEVILLE 3 1tD ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 11. TIME OF PERFORMANCE. Subject to Excused Delays (as defined below), the Developer shall install all Improvements by July 31, 2012, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. If Developer is delayed at any time in the commencement or progress of constructing the Improvements or in performing any of its obligations contained in this Agreement by an act, neglect or delay of the City or by the City's employees, agents or consultants, or by changes in the Improvements, or by labor disputes, fire, acts of God, casualties, or other causes beyond Developer's reasonable control (collectively "Excused Delays "), then the applicable time for Developer's performance for such obligations will be extended equitably to account for the occurrence of such Excused Delay. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with Plat development; provided that the City shall repair and restore any damage to the Land or Improvements relating to such entry and inspections. 13. 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 or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area 159655v12 5 LKVL:FIRsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, 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 instructions received from the City or the Dakota County Soil and Water Conservation District, 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. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and a certificate of occupancy will not be issued unless the Plat is in full compliance with the approved erosion control plan. 14. GRADING. The Land shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves a certificate of occupancy, the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment basins, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and building, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with building 159655v12 6 LKVL:FiRsT PARK LAKEVILLE 3 11D ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Prior to the release of the required grading security, an as -built certificate of survey must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. 15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, 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. 16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement and final acceptance by the City, the Improvements lying within public easements shall become City property without further notice or action. 17. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated construction cost. 159655v12 7 LKVL:FIRsT PARK LAKEVILLE 3' ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) 18. STORM SEWER. Development of First Park Lakeville 3rd Addition will not require public storm sewer construction, but does include the construction of a private storm sewer system. The private storm sewer system is located within Lot 1, Block 1, First Park Lakeville 3rd Addition and will collect and convey stormwater runoff generated from within the parking lot to an existing drainage swale. The private storm sewer system, including the driveway culverts, will be owned and maintained by the Developer. Before the City signs the final Plat, the Developer's engineer must submit culvert sizing calculations for the driveway culverts for review and approval by the City Engineer. The Trunk Storm Sewer Area Charge has not been collected on a portion of the parent parcel of First Park Lakeville 3rd Addition and must be paid in cash at the time of final Plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 980,617 s.f. - 160,822 s.f. - 694,984 s.f. x $0.235/s.f. = $29,330.59 Gross Area of Area of Outlot A, Area of Lot 1, Blk 1, Area Charge First Park Lakeville First Park Lakeville First Park Lakeville 3rd Addition 3rd Addition 19. SANITARY SEWER. Development of First Park Lakeville 3 Addition will not require public sanitary sewer construction. Construction of the parking lot will not require a connection to public sanitary sewer. The Sanitary Sewer Availability Charge was previously collected on the parent parcel of First Park Lakeville 3rd Addition described as Lot 1, Block 1, First Park Lakeville. The Sanitary Sewer Availability Charge has not been collected on the portion of Outlot C, First Park Lakeville that will be developed and combined with Lot 1, Block 1, First Park Lakeville, and must be paid with the building permit application when the property requires a public sanitary sewer connection. The Sanitary Sewer Availability Charge has not been paid on Outlot A, First Park Lakeville 3 Addition and must be paid when the outlot develops. 20. WATERMAIN. Development of First Park Lakeville 3rd Addition will not require public watermain construction. Construction of the parking lot will not require a connection to public watermain. The Developer will connect to an existing looped fire protection system within Lot 1, Block 1, First Park 159655v12 8 LKVL:FIRsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) Lakeville and extend a 6 -inch watermain within the new parking lot to provide additional fire flow availability to the storage trailers. The 6 -inch watermain will be privately owned and maintained by the Developer. 21. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility construction, and street construction is restricted to 217 Street via Dodd Boulevard (CSAH -9). 22. HUMBOLDT ROAD /220 STREET. Development of First Park Lakeville 3rd Addition includes the construction of Humboldt Road /220 Street. Humboldt Road /220 Street will be extended south and west from its existing terminus to Dodd Boulevard (CSAH -9). Humboldt Road /220 Street will be constructed within existing right -of -way, as shown on the First Park Lakeville Plat. Humboldt Road /220 Street is designed as a 40 -foot wide two -lane undivided rural roadway with 2 -foot wide aggregate shoulders and roadside drainage swales. Dakota County controls the access locations along Dodd Boulevard (CSAH -9); the Humboldt Road /220 Street access location was previously approved with the First Park Lakeville Plat. A permit from Dakota County is required prior to commencing any work within the Dodd Boulevard right -of -way. The Developer is responsible for 100% of the costs of any required improvements to Dodd Boulevard, including right and left turn lanes at the intersection of Humboldt Road /220 Street and Dodd Boulevard (CSAH -9), and the removal and restoration of the existing temporary access, consistent with the First Park Lakeville Plat. The existing temporary cul -de -sac at the terminus of Humboldt Road /220 Street will be removed and the associated right -of -way restoration will be completed in conjunction with the street construction. 23. PARK DEDICATION, TRAILS AND SIDEWALKS. The park dedication requirement for Lot 1, Block 1, First Park Lakeville was satisfied through a cash contribution paid with the First Park Lakeville Plat. The park dedication requirement for the portion of Outlot C, First Park Lakeville that will be developed and combined with Lot 1, Block 1, First Park Lakeville to create Lot 1, Block 1, First Park Lakeville 3rd Addition has not been met and will be satisfied by a cash contribution that must be paid at 159655v12 9 LKVL:FutsT PARK LAKEVILLE 3' ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) the time of final Plat approval. The park dedication fee due at the time of final Plat approval is calculated as follows: 22.51 acres 3.69 acres - 15.95 acres x $4,558 /acre = $13,081.46 Gross Area of Area of Outlot A, Area of Lot 1, Park Dedication First Park Lakeville First Park Lakeville Block 1, First Park Fee Rate 3rd Addition 3 Addition Lakeville 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs is due with First Park Lakeville 3rd Addition in the amount of $165.37, which consists of one stop sign. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses must be paid with the final Plat and is calculated as follows: 246.26 ff x $0.214/ff /qtr x 4 qtrs = $210.80 Humboldt Road /220 Street Streetlight Front Footage Operating Rate 25. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface water management expenses must be paid with the final Plat and is calculated as follows: 18.82 acres - 15.95 acres x 4.20 REU x $7.00/unit/qtr x 4 qtrs = $337.51 Area of Lot 1, Blk 1, Area of Lot 1, Blk 1, Residential Surface Water First Park Lakeville First Park Lakeville Equivalent Management Rate 3 Addition Utility Factor 26. LANDSCAPING. Landscaping must be installed in accordance with the approved landscape plan for Lot 1, Block 1, First Park Lakeville 3rd Addition. All plant materials must be set back at least three (3) feet from all property lines, including the street right -of -way lines. All areas not planted with trees shall be planted with sod or grass seed. All landscape screening must be maintained and any dead materials removed and replaced as needed. Before the City signs the final Plat, the Developer shall post or deposit an $8,500.00 security to guarantee installation of the landscaping identified on the approved landscape plan. 27. SPECIAL PROVISIONS. The following special provisions shall apply to Plat development: 159655v12 10 LKVL:FRtsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) A. Implementation of the recommendations listed in the September 1, 2011, engineering report. B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. C. Lot 1, Block 1, First Park Lakeville 3rd Addition must be developed consistent with plans approved by the City Council and in accordance with City zoning ordinance requirements. D. All outdoor storage must include and maintain screening from the public right -of -way as required by Section 11 -22 -5B of the City zoning ordinance. E. Snow must not be stored in the required parking spaces. If there is not adequate space to store snow on site, snow must be hauled from the site. F. The site lighting design for the First Park Lakeville 3 Addition development shall have fixtures matching those located on the First Park Lakeville and First Park Lakeville 2 ' Addition lots. Site and building lighting shall meet the requirements of the City zoning ordinance and shall not glare onto public right -of -way. A lighting plan must be submitted prior to release of the final Plat Mylars. G. Prior to City Council approval of the final Plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post or deposit a $200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 1 lot and 1 outlot $100.00 per lot or outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a certificate of occupancy. H. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot or outlot for a total charge of $150.00. 159655v12 11 LKVL:FiRsT PARK LAKEVILLE 3' ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) I. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final Plat, the Developer shall post or deposit a security for street light installation consistent with the approved plan. The estimated amount of this security is $6,000.00 and consists of five (5) mast arm streetlights at $1,200.00 each. J. The Developer is required to submit the final Plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public and private improvements, and construction of all public and private improvements, the Developer, at its option, shall either (a) establish a cash escrow account with First American Title Company, in the form attached hereto as Exhibit ":B" or (b) furnish the City with a letter of credit from a bank, in the form attached hereto as Exhibit "A ", in the amount of $383,862.34, plus a cash fee of $9,597.33 for City engineering administration. The cash escrow and the letter of credit are both referred to herein as ( "Security "). If the Developer elects to use a cash escrow, the City may require the Developer to increase the amount of the escrow if the cost of the Improvements, based upon bids or proposals received by the Developer, exceed the estimated costs set forth in this paragraph. The amount of the Security was calculated as follows: 159655v12 CONSTRUCTION COSTS: Storm Sewer $ 15,061.00 Humboldt Road /220 Street Construction 298,492.80 Erosion Control /Restoration /Grading Certification 6,357.25 CONSTRUCTION SUB -TOTAL $ 319,911.05 OTHER COSTS: Developer's Design (6.0 %) $ 17,909.56 Developer's Construction Survey (2.5 %) 7,462.32 12 LKVL:FIRsT PARK LAKEVILLE 3 RD ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) City Legal Expenses (Est. 0.5 %) 1,492.46 City Construction Observation (Est. 7.0 %) 20,894.49 Developer's Record Drawings (0.5 %) 1,492.46 Landscaping 8,500.00 Street Lights 6,000.00 Lot Corners /Iron Monuments 200.00 OTHER COSTS SUB -TOTAL $ 63,951.29 TOTAL PROJECT SECURITIES: $ 383,862.34 This breakdown is for historical reference; it is not a restriction on the use of the Security. (a) Letter of Credit. If Developer elects to obtain a letter of credit, the bank issuing the Letter of Credit shall be subject to the approval of the City Administrator, and after providing Developer with written notice of a breach of this Agreement and five (5) business days opportunity to cure such default, the City may draw down the Letter of Credit, without further notice, for any breach of the terms of this Agreement, or if the Letter of Credit is allowed to lapse prior to the end of the required term. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Letter of Credit, the City may also provide such notice of default. If the Letter of Credit is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that Improvements have been completed and financial obligations to the City have been satisfied, with City approval, the Letter of Credit may be reduced from time -to -time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty is provided, and the Improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for letter of credit reductions. (b) Cash Escrow. If the Developer elects to establish a cash escrow as Security, Developer will utilize the escrow account to disburse payments relating to the Improvements in accordance with attached Exhibit "B ". 159655v12 13 LKVL:FIRsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) 29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be furnished to the City at the time of final Plat approval: Park Dedication Trunk Storm Sewer Area Charge Traffic Control Signs Street Light Operating Expenses Surface Water Management Utility Expenses City Base Map Updating City Engineering Administration (3 %) TOTAL CASH REQUIREMENTS 31. RESPONSIBILITY FOR COSTS. $ 13, 081.46 29,330.59 165.37 210.80 337.51 150.00 9,597.33 $ 52,873.06 30. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one -year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted or deposited by the Developer until the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat. 159655v12 14 LKVL:FIRsT PARK LAKEVILLE 3 R13 ADD. RNK:r09/30/2011 (FR/CAL Interstate South, LLC) B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. If a dispute arises with respect to this Agreement and the City is the prevailing party in such dispute, the Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This obligation shall continue in full force and effect even if the Developer sells one or more Tots, or any part of the Land. E. The Developer shall pay in full all invoices relating to its obligations under this Agreement within thirty (30) days after receipt of bills from the City. If the bills are not paid on time, the City may halt Plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8 %) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 32. DEVELOPER'S DEFAULT. In the event of a default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work, and the Developer shall promptly reimburse the City for the resulting costs incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not Tess than ten (10) business days in advance. This Agreement is a license for the City to enter the Land to perform and opportunity to cure, such work without t he necessity for the City to seek a court order for permission. If the City performs any such work under this Section, the City may, in addition to its other remedies, assess the cost in whole or in part. 159655v12 15 LKVL:FmsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) A. The Developer represents to the City that the Plat complies with all city, 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 such City demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. D. 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 portion of this Agreement. E. If building permits are issued prior to the acceptance of the Improvements, the Developer assumes all liability and costs resulting in delays in completion of the Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the Land. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the Land and /or has obtained consents to this Agreement, in the form attached hereto, from all 159655v12 33. MISCELLANEOUS. 16 LKVL:FmsT PARK LAKEVILLE 3' ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) parties who have an interest in the property; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. H. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer may not assign this Agreement without the written permission 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 or any part of the Land. K. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in 159655v12 17 LKVL:FiRsT PARK LAKEVILLE 3 R13 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 34. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 515 South Flower Street, 31S Floor, Los Angeles, CA 90071. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] 159655v12 18 LKVL:FIRsT PARK LAKEVILLE 3 12D ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) CITY OF LAKEVILLE BY: AND Mark Bellows, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2011, by Mark Bellows and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 159655v12 19 LKVL:FIRsT PARK LAKEVILLE 3 RD ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) in-ltr\OlS STATE OF PattNf E3OTA COUNTY OF E DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn ( ss. DEVELOPER: FR/CAL INTERSTATE SOUTH, LLC By: FirstCal Industrial, LLC, its sole member By: California State Teachers' Retirement System, a public entity, its manager By: CB Richard Ellis Investors, LLC, its investment manager BY: Its Senior Direetbr The foregoing instrument was acknowledged before me this 3e day of 2011, by the FR /CAL INTERSTATE SOUTH, LLC, a , on its behalf. OTARY PUBLIC "OFFICIAL SEAL" Victoria L Gomez Notary Public, State of lthnois My Commission Expires 10/29/2012 of 159655v12 20 LKVL:FIRST PARK LAKEVILLE 3 1D ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) TO: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Dear Sir or Madam: 2 The draft must: c) Be presented for payment at EXHIBIT "A" IRREVOCABLE LETTER OF CREDIT No. Date: 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. a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 of (Name of Bank) ' , b) Be signed by the City Administrator or Finance Director of the City of Lakeville. (Address of Bank) , on or before 4:00 p.m. on November 30, 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 Lakeville Finance Director 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: Lakeville Finance Director, Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, MN 55044, and is actually received by the Finance Director at least thirty (30) 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. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 159655v12 21 LKVL:FIRsT PARK LAKEVILLE 3 12D ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Attention: Mr. Steven C. Mielke, City Administrator Gentlemen: Sincerely, AGENT: BY: EXHIBIT "B" ALTERNATE SECURITY AGREEMENT October , 2011 RE: Alternate Security Agreement Plat Name: First Park Lakeville 3rd Addition FR/CAL Interstate South, LLC ( "Developer") is developing real property within the corporate boundaries of Lakeville (the "City ") which is being platted as First Park Lakeville 3 Addition (the "Subdivision "). The Developer has entered into a Development Contract with the City dated October , 2011, as amended (the "Development Contract "). The Development Contract requires the Developer to complete certain improvements and other work in the Subdivision in a particular manner and within a particular time. The Development Contract requires that the Developer provide to the City certain security to assure the City that the Developer will comply with the Development Contract and that the Subdivision improvements and other required work will be installed and paid for by the Developer as and when required by the Development Contract. The Developer desires to provide to the City alternative security in the form of this letter agreement and the City is willing to accept this letter agreement as alternative security. First American Title Insurance Company ( "Agent ") irrevocably pledges to fund and disburse $383,862.34 ( "Subdivision Improvement Amount ") in accordance with the Disbursement Agreement dated October , 2011, a copy of which is attached hereto as Schedule 1. Any financial difficulty of the Developer, or default by the Developer under any agreements entered into between the Agent and the Developer shall not affect the Agent's obligations to disburse funds pursuant to this agreement and pursuant to the aforementioned Disbursement Agreement. Neither the Agent nor the Developer may take any action, such as but not limited to amending or terminating the Agent's loan agreement or the Disbursement Agreement, that could impair the City's ability to draw down funds pledged to payment of the cost of the Subdivision improvements and to performance of the Development Contract. DEVELOPER: BY: Its Its 159655v12 22 LKVL:FIRsT PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) Gentlemen: Schedule 1 to Alternate Security Agreement October , 2011 RE: Disbursement Agreement Plat Name: First Park Lakeville 3" Addition This letter addresses the operating procedures under which the City of Lakeville (herein "City ") will authorize disbursement of funds pursuant to the letter agreement dated October , 2011, between First American Title Insurance Company ( "Agent "), the City, and FR/CAL Interstate South, LLC (hereinafter "Developer") for the above - referenced development. Undefined capitalized terms herein shall have the definitions set forth in the Alternate Security Agreement. 1. Certification of Work. RLK Incorporated (the "Private Engineer ") shall certify on behalf of the City the progress of construction of the Subdivision improvements at the completion of each stage of construction. Each certification shall set forth the quality of workmanship, stage of construction according to the plans and specifications, the dollar amount of work completed to the date of certification, and the dollar amount of disbursement necessary to pay for the most recently certified work. 2. Delivery of Certification; Approval by City. The Private Engineer shall mail by certified mail, postage prepaid, return receipt requested, or hand deliver, each certification contemporaneously to the Agent, the Developer, and the City. The City may perform its own independent inspection of the Subdivision improvements and give contemporaneous written approval or rejection to Agent and the Developer regarding any item in the most recently received certification. The City will make its best effort to reply within ten (10) working days after the postmark date or date of acknowledgment of hand delivery of such certification. 3. Disbursement and Retainage. If the City approves the certification, the Agent may rely upon the certification and may disburse no more than ninety percent (90 %) of the sums certified by the Private Engineer. Ten percent (10 %) of all certified sums (the "Retainage ") shall be retained until the final inspection by the City. The Retainage shall be disbursed 91 days after the City completes its final inspection and approves of the Subdivision improvements. If the City objects to any item in a certification, the Agent shall not disburse any funds relating to that item until the City has given its written consent. 4. Suspension and Termination of Private Inspections. The City may terminate or suspend the right of the Private Engineer to certify work. The City may exercise this suspension or termination right by giving contemporaneous written notice to the Developer and the Agent by personal delivery or by mailing such notice by certified mail, postage prepaid, return receipt requested. Any such suspension or termination shall be prospective only, effective only upon receipt of notice by all parties to whom notice must be given, and shall not affect any certification issued by the Private Engineer prior to such suspension or termination. If the City does suspend or terminate the Private Engineer's certification rights, the City shall, upon periodic requests by the Developer, promptly make inspections of the Subdivision and certify to the Agent that the work completed and the amount to be disbursed is acceptable to the City. Notwithstanding any provision of 159655v12 23 LKVL:FixsT PARK LAKEVILLE 3 12D ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) this paragraph, the City may independently inspect and certify any work on the Subdivision prior to any payment for such work pursuant to this Agreement. 5. Final Inspection. Pursuant to the Development Contract, the City Engineer of the City shall make a final inspection of the Subdivision. The Private Engineer shall have absolutely no right to act on the City's behalf in making this final inspection. The City Engineer may object to any construction defects discovered during the final inspection regardless of when they occurred. The City's failure to object to any earlier certification by the Private Engineer shall not be deemed a waiver of the City's right to demand the correction of defective work discovered during the final inspection. 6. Default. If the Developer defaults upon its obligations under the Development Contract and does not diligently proceed to cure the default within ten (10) days after the City gives the Developer written notice of it, the Agent shall disburse the undisbursed remaining balance of the Subdivision Improvement Amount to the City upon receiving written notice from the City addressed to both the Agent and the Developer. This notice shall be signed by the Mayor or the Clerk of the City. 7. Term of Agreement. This Agreement shall commence on the date hereof and shall expire upon the fifth anniversary of the date hereof. 8. In Lieu of Letter of Credit. This Agreement is in lieu of the letter of credit normally required by the City to secure the completion of residential subdivision improvements. 9. Successors and Assigns. The terms, conditions and provisions of this Agreement shall be for the benefit of and binding upon the parties to this Agreement, their successors and assigns. written. AGENT: FIRST AMERICAN TITLE INSURANCE COMPANY BY: Its DEVELOPER: Charlene Friedges, City Clerk BY Its 159655v12 IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above CITY OF LAKEVILLE BY: Mark Bellows, Mayor AND 24 LKVL:FIRsT PARK LAKEVILLE 3' ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PROJECT: CERTIFICATE HOLDER & ADDITIONAL INSURED: ADDRESS: ARCH /ENGR: INSURED: ADDRESS: AGENT: ADDRESS: WORKERS' COMPENSATION COVERAGE POLICY # EFFECTIVE DATE / / EXPIRATION DATE / / INSURANCE COMPANY: COVERAGE- Workers' Compensation, Statutory. Employers' Liability Limit $ Each Accident $ Disease Policy Limit $ Disease Employee Limit ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY # EFFECTIVE DATE / / EXPIRATION DATE / / INSURANCE COMPANY: ❑ Claims Made ❑ Occurrence ❑ Owner's & Contractors Protective ❑ Other 159655v12 EXHIBIT "C" CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 POLICY ENDORSEMENT MUST BE ATTACHED TO THIS CERTIFICATE OF INSURANCE, 25 LKVL:FmST PARK LAKEVILLE 3 ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) LIMITS: General Aggregate Limit (Other Than Products - Completed Operations) $ Products - Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ Each Occurrence $ COVERAGE PROVIDED Operations of Contractor: Yes ❑ No ❑ Operations of Sub - Contractor (Contingent): Yes ❑ No ❑ Does Personal Injury Include Claims Related to Employment: Completed Operations /Products: Contractual Liability (Broad Form): EXCEPTIONS: AUTOMOBILE LIABILITY DATE / / LIMITS: Bodily Injury $ $ Property Damage $ UMBRELLA EXCESS LIABILITY INSURANCE COMPANY LIMITS: Single Limit Bodily Injury and Property Damage $ Each Occurrence $ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes ❑ No ❑ 159655v12 RNK:r09 /30/2011 Government Immunity is Waived Yes ❑ No ❑ Property Damage Liability Includes Yes ❑ No ❑ Damage Due to Blasting Yes ❑ No ❑ Yes ❑ No ❑ Damage Due to Collapse Yes ❑ No ❑ Yes ❑ No ❑ Damage To Underground Facilities Yes ❑ No ❑ Broad Form Property Damage Yes 11 No ❑ POLICY # EFFECTIVE DATE / / EXPIRATION INSURANCE COMPANY: ❑ Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos Each Person / $ Each Occurrence OR Combined Single Limit Each Occurrence POLICY # EFFECTIVE DATE / / EXPIRATION DATE / / Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes ❑No❑ Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes ❑ No ❑ If So, List Amount $ 26 LKVL:FIRST PARK LAKEVILLE 3 1LD ADD. (FR/CAL Interstate South, LLC) Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: On: By: (Signature Required) Insurance Company Telephone No. Fax: MN License # Authorized Insurance Representative 159655v12 27 LKVL:FIRsT PARK LAKEVILLE 3 1LD ADD. RNK:r09 /30/2011 (FR/CAL Interstate South, LLC) (reserved for recording information) GRANT OF TEMPORARY BLANKET EASEMENT FOR DRAINAGE PURPOSES FR /CAL INTERSTATE SOUTH, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a temporary easement for public drainage purposes over, across, on, under, and through land situated within the County of Dakota, State of Minnesota, and legally described as all of Outlot A, FIRST PARK LAKEVILLE 3 RD ADDITION as depicted on the illustration of temporary easement area attached hereto as Exhibit "A ". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement document and expiring when Outlot A is in whole or part final platted into lots and blocks, together with the right of ingress to and egress from the property, for the purpose of inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. It is understood by the Grantor that the City shall not be responsible for any restoration or replacement costs or damages resulting from the construction and maintenance of the easement premises. 159865v02 SRN:r09 /29/2011 DOCS- #3561093 -v2 1 LKVL:FIRST PARK LAKEVILLE 3 12D ADDITION (Temp. Blanket D &U Easmt — Outlot A) IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and year first above written. _110- (s STATE OF WIWNEeerTA COUNTY OF Olt_ DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN:ms 159865v02 SRN:r09 /29/2011 DOCS- #3561093 -v2 (ss. The foregoing instrument O" U lq - , 2011, , on its behalf. GRANTOR: FR/CAL INTERSTATE SOUTH, LLC By: FirstCal Industrial, LLC, its sole member By: California State Teachers' Retirement System, a public entity, its manager By: CB Richard Ellis Investors, LLC, its investment manager BY: NOTARY PUBLIC 2 Its Sew;or p: r was acknowledged before me this . day of by the of FR /CAL INTERSTATE SOUTH, LLC, a D "OFFICIAL SEAL" Victoria L Gomez My Commission 1'12012 LKVL:Fmsr PARK LAKEVILLE 3 RD ADDITION (Temp. Blanket D &U Easmt — Outlot A) EXHIBIT A CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 8, 2011 The September 8, 2011 Planning Commission meeting was called to order by Vice Chair Lillehei in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Vice Chair Lillehei Commissioner Boerschel Commissioner Drotning Commissioner Maguire Ex- officio Fitzhenry Absent: Chair Davis, Commissioner Grenz Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The August 18, 2011 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Draft of the September 7, 2011 Parks, Recreation & Natural Resources Committee motion for the First Park Lakeville 3rd Addition final plat. 2. Copy of a revised landscape plan for First Park Lakeville 3rd Addition. Mr. Morey stated that Commissioner Adler has given her resignation, effective immediately. He indicated that Alternate Joe Blee will fill in for Commissioner Adler until a new Planning Commission member is appointed. Mr. Morey stated that the September 22nd Planning Commission meeting will be re- scheduled for 5:00 p.m. and will consist of a brief regular meeting to consider a final plat followed by a work session to present the results of the Development Forum. ITEM 5. CONSENT AGENDA Motion was made and seconded to approve the September 8, 2011 consent agenda as follows: A. Approve the request of RLK, Inc. for the final plat of one lot to be known as First Park Lakeville 3rd Addition, located south of 217th Street and east of Dodd Boulevard (CSAH 9). Ayes: Boerschel, Lillehei, Maguire, Drotning. Nays: 0 ITEM 6. SUPERIOR ACCESS SOLUTIONS Mr. Dempsey stated that should the Planning Co the IUP, Planning Department staff recommend stipulations listed in the September 1, 2011 planning re Vice Chair Lillehei opened the hearing to the public for co - n There were no comments from the audience. 11.48 Motion was made and seconded to close the public hearing at 6:10 p. Ayes: Lillehei, Maguire, Drotning, Boerschel. Nays: 0 Planning Commission Meeting September 8, 2011 Page 2 B. Approve the request of Performance Office Papers for a one -year extension of their building setback Variance No. 2008 -03, located at 21565 Hamburg Avenue. Vice Chair Lillehei opened the public hearing to consider the application of erior Access Solutions for an Interim Use Permit to allow an accessory antenna mo than 45 feet in height in the I -1, Limited Industrial District, located at 21037 Heron ay. The Recording Secretary attested that the legal notice had been duly publishe. ' accordance with State Statutes and City Code. Randy Schillin: Director of Operations, and Dave Warden, the owner of Superior Access Solutions ' S) presented an overview of their project. They explained that Superior Access Sol ; ons is a communications systems integrator specializing in audio and video transp.1 and this tower would support various types of antennas and radios to be used in to « g and research. Mr. Warden explained that in order to obtain a clear line of site to e broadcast tower in Shoreview, they would need to install a 60 foot tall tower. Associate Planner Frank Dempsey p - sented the planning report. Mr. Dempsey explained the Interim Use Permit requ ment. The maximum building height in the I -1 District is 35 feet and the accesso tenna can be an additional 15 feet in height, for a total height of 50 feet, unless an erim use permit is approved. sion recommend approval of approval subject to the 2 t. Vice Chair Lillehei asked for comments from the Planning Commission. Discuss ' n points were: CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for September 7, 2011 ITEM 1 Call to order Meeting was called to order at 6:00 p.m. ITEM 2 Present: Absent: Staff Present: DRAFT Roll call of members Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterson, Bob Swan, Jerry Zell Matt Dinslage Parks & Recreation Director Steve Michaud, Recording Secretary Patty Ruedy ITEM 3 Approval of August 17, 2011 meeting minutes The Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented. ITEM 4 Citizen comments There were no citizens present. ITEM 5 Staff Report Staff referred to the report in the committee packet. City Council approved the disc golf course at Kenwood Trail Middle School on Tuesday, September 6. Staff is meeting with course designer on Friday and construction of the holes will begin immediately. STS Crews and volunteers will help with clearing underbrush. $1 million grant to assist with acquisition and trail construction Kenrick Avenue Trail (Lake Marion Loop). Staff is attempting to meet with the owner of the Bury property and Dakota County. WSB is working on the design to advance the grant. Judy Hayes arrived at 6 :06 p.m. > ITEM 6 First Park Lakeville 3 Addition final plat Plans have been submitted for a final plat of 2.87 acres on Outlot C First Park Lakeville. The property is located south of 207 St. and East of Dodd Blvd. The site is located in the Air Lake Industrial Park. The First Park Lakeville preliminary plat and the first phase final plat was approved by the Parks, Recreation & Natural Resources Committee in May of 2008. At that time, the committee recommended a cash payment to satisfy the park dedication ordinance. Review of the Parks & Open Space System Plan indicates no park planned for this area. (11.18) Motion made by Goodwin, seconded by Peterson to recommend City Council consider approval of First Park Lakeville 3rd Addition final plat and consider a cash contribution to satisfy the park dedication ordinance. The industrial rate for this area is $4,558 per acre. Based on that amount, the final plat would be required to pay $13,081. Finally, the developer is required to follow other recommendations outlined in the Planning and Engineering reports as they pertain to this plat. The developer is also required to follow the natural resources requirement detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage, and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable. Ayes -7 Nays -0 Memorandum BACKGROUND Item No. City of Lakeville Planning Department To Planning Commission From: � Frank Dempsey, AICP, Associate Planner Date: September 1, 2011 Subject: Packet Material for the September 8, 2011 Planning Commission Meeting Agenda Item: Final Plat of First Park Lakeville 3 Addition Action Deadline: October 22, 2011 CB Richard Ellis, Inc. has submitted plans for an expansion of a truck parking area for a tenant in the existing 282,100 square foot building located at 9150 - 217 Street. The tenant is Computer Sciences Corporation (CSC). CSC is a Falls Church, Virginia based federal contractor and awarded a $25.8 million contract to operate a Minneapolis mail transport equipment service center. They plan to hire approximately 35 employees to operate this facility. CSC has signed a 7 -year lease for 163,000 square feet of the building. Under contract with the U.S. Postal Service, CSC will operate the warehouse and maintenance facility for U.S. Postal Service equipment. The proposed final plat to expand Lot 1, Block 1 into Outlot C, First Park Lakeville is to allow an expansion of the truck and trailer parking area to accommodate the operations of the tenant, CSC. As equipment comes in on trailers awaiting servicing, the trailers will be parked in the expanded parking lot and then cycled through the facility for repair before leaving the property in another trailer. The First Park Lakeville 3 Addition plans and application for final plat includes incorporating a 2.87 acre portion of Outlot C, First Park Lakeville that will include a combination of Lot 1, Block 1, First Park Lakeville to be known as First Park Lakeville 3rd Addition. The property containing the proposed Lot 1, Block 1 and Outlot A, First Park Lakeville 3 Addition consists of 22.51 acres. The property is located south of 217 Street and east of Dodd Boulevard (CSAH 9). The City Council approved the First Park Direction Existing Use Land Use Plan Zoning North 217 Street and Undeveloped Outlot Industrial I -1, Limited Industrial District South Outlot owned by the City and used for stormwater management purposes Industrial I -1, Limited Industrial District East Metropolitan Airports Commission (MAC) Property Airport I -2, General Industrial District West Humboldt Road and Uponor Light Industrial /Warehouse I -1, Limited Industrial District Lakeville preliminary plat and first phase final plat on June 16, 2008 and the First Park Lakeville 2 Addition final plat on August 4, 2008. The proposed third phase of the First Park Lakeville development is part of a proposed multiple phase industrial development within the 140 acre First Park Lakeville project. The first phase included the approval of a 282,100 square foot office /warehouse spec building on Lot 1, Block 1. The second phase included a 285,000 square foot office /warehouse building for Uponor on Lot 1, Block 1, First Park Lakeville 2 Addition. The final plat plans have been submitted to the Engineering Department, the Parks and Recreation Department and the Parks, Recreation and Natural Resources Committee. The following exhibits are attached for your information: EXHIBITS A. Aerial Photo Location Map B. Approved Preliminary Plat and Site Layout (3 pages) C. Final Plat First Park Lakeville 3 Addition D. Existing Conditions Plan E. Site Plan, Landscape Plan and Lighting Plan F. Grading and Utility Plan Zoning and Surrounding Uses. The property is zoned I -1, Limited Industrial District. The proposed final plat is surrounded by the following existing or planned land uses: STAFF ANALYSIS Consistency with the Approved Preliminary Plat, Outlot C, First Park Lakeville was preliminary platted as a lot. The proposed Outlot A, First Park Lakeville 3 Addition can be final platted in the future for an industrial lot. 2 Existing Site Conditions. The site is undeveloped 6.56 acre Outlot A, First Park Lakeville. The outlot was planned to be developed for a future industrial use following the approval of a final plat. Lots/Blocks. There is one lot and one block in the First Park Lakeville 3 Addition final plat. The First Park Lakeville 3 Addition final plat is subject to the following minimum lot size (I -1, Limited Industrial District) requirements: Lot Area — 30,000 square feet Lot Width — 100 feet The final plat of First Park Lakeville 3 Addition is 22.51 acres in area. Lot 1, Block 1, First Park Lakeville 3 Addition is 18.82 acres in area and exceeds the minimum lot area and lot width requirements for lots in the I -1, Limited Industrial District. Outlot. There will be one outlot associated with the First Park Lakeville 3rd Addition final plat totaling 3.69 acres. Outlot A will be retained by the developer for future development. Streets. The property abuts Humboldt Road to the west and 217 Street to the north. Humboldt Road is classified as a minor collector roadway according to the Comprehensive Transportation Plan. Humboldt Road connects to 217 Street which is a local street. No additional road right -of -way is required with the First Park Lakeville 3 Addition final plat. Parks and Sidewalks. The First Park Lakeville preliminary plat and first phase final plats were approved by the Parks, Recreation and Natural Resources Committee on May 21, 2008. The Parks, Recreation and Natural Resources Committee recommended a cash payment in lieu of land for park dedication. The Parks, Recreation and Natural Resources Committee will review the final plat plans at their September 7, 2011 meeting. Their comments will be forwarded to the Planning Commission at the September 8, 2011 meeting. Grading, Drainage, Erosion Control, and Utilities. City sewer and water is currently available to the site. All public utilities will be constructed by the developer to serve the proposed final plat. The existing and planned future City sanitary sewer and water systems that serve the area are adequate to accommodate the proposed and future industrial buildings within the development. Grading and utility plans were approved with the First Park Lakeville preliminary and final plat. Grading and utility plans were submitted with the proposed First Park Lakeville 3rd Addition final plat. The proposed plat is served with sanitary sewer and water utilities for the existing building. No additional sewer or water services are proposed with the 3rd Addition final plat. 3 Grading, drainage, erosion control, and utility details are addressed in the engineering report dated September 1, 2011. A copy of the engineering report is attached for your review. The Engineering Department recommends approval of the First Park Lakeville 3 Addition final plat. Tree Preservation. There are no trees located within the proposed First Park Lakeville 3 Addition final plat. Wet /ands. There are no wetlands on the First Park Lakeville 3 Addition site. SITE PLAN ANALYSIS Setbacks— The First Park Lakeville 3 Addition final plat is subject to the following minimum building setback (I -1, Limited Industrial District) requirements: Front Yard: 50 feet Rear Yard: 30 feet Side Yards: 10 feet on any one side 30 feet on the side yard abutting a street There is no new building construction proposed with the First Park Lakeville 3 Addition final plat. The proposed new parking lot will be constructed and will meet the required setbacks of 15 feet adjacent to Humboldt Road and 5 feet to interior side and rear lot lines. Landscaping /Screening. The landscape plan for Lot 1, Block 1, First Park Lakeville 3rd Addition proposes the following landscape materials: A total of 20 trees proposed to be planted with the development of Lot 1, Block 1, First Park Lakeville 3 Addition final plat. The preliminary plat of First Park Lakeville Addition included planting of overstory trees adjacent to the street boulevard consistent with the proposed landscape plan. An escrow shall be submitted totaling $8,500.00 as a condition of final plat approval to guarantee installation of the proposed landscaping. All plant materials shall be set back at least 3 feet from the boulevard street right -of -way line. All areas not planted with trees shall be planted with sod or grass seed. Access /Circulation. Access to the lot will be from driveways located on the cul -de -sac at 217 Street and from a new driveway onto Humboldt Road. All new parking aisles and parking stalls comply with the minimum aisle width of 24 feet and parking stall dimensions of 9 feet in width and 20 feet in length. The driveways used by semi - truck /trailers provide adequate width and turning radii to accommodate truck turning movements and emergency vehicle access as can be seen from the truck - turning template. 4 Outdoor Storage. The final plat plans propose 88 additional parking spaces for semi- trailers that will be used by CSC on Lot 1, Block 1. Landscape screening is required for outdoor storage. Implementation of the landscape plan will meet the requirements for outdoor storage screening. Site Lighting. Site lighting for the expanded parking lot shall be consistent with the lighting fixtures in place on the existing Lot 1, Block 1, First Park Lakeville. All lighting shall be at or less than one foot - candle at the property line. Lights shall not glare onto public right -of -way or adjacent properties. Snow Storage. There is adequate area on the lot to allow for snow storage. Snow storage may not take place in required parking spaces. If there is not adequate space to store snow on site, snow must be hauled from the site. RECOMMENDATION Planning Department staff recommends approval of the First Park Lakeville 3 Addition final plat subject to the stipulations listed below: 1. Implementation of the recommendations listed in the September 1, 2011 engineering report. 2. Implementation of the recommendations of the Parks, Recreation and Natural Resources Committee. 3. Lot 1, Block 1, First Park Lakeville 3 Addition shall be developed consistent with the plans approved by the City Council and Zoning Ordinance requirements. 4. An $8,500.00 escrow shall be submitted to guarantee installation of the landscaping identified on the approved landscape plan. 5. All plant materials shall be set back at least 3 feet from all property lines, including the boulevard street right -of -way lines. All areas not planted with trees shall be planted with sod or grass seed. All landscape screening must be maintained and any dead materials removed and replaced as needed. 6. All outdoor storage must include and maintain screening from the public right -of- way as required by Section 11 -22 -5B of the Zoning Ordinance. 7. Snow storage cannot take place in required parking spaces. If there is not adequate space to store snow on site, snow must be hauled from the site. 5 8. The site lighting design shall have matching fixtures as those located on the First Park Lakeville and First Park Lakeville 2 " Addition lots. Site and building lighting shall meet the requirements of the Zoning Ordinance and shall not glare onto public right -of -way. A lighting plan shall be submitted prior to release of the final plat mylars. cc: David Bade, RLK, Inc. Deb Nocon, Project Manager, CB Richard Ellis, Inc. First Park Lakeville 3 Addition /final plat 6 Print Preview Dakota County, MN Location of Subject Property Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 705 feet http: / /gis.co. dakota. mn. us /website/ dakotanetgis /printPreview.aspx ?PrintOptData= Dakota County, MN Page 1 of 1 EXHIBIT A 0 0... 7/27/2011 0 \r•n'ma. a x.e� r,u•, \lam- n 23 - u\a.9 \700 \m01 - 2v 2 A 2 A K > z 1 Im 2 • a° 51 C _ R.260 H 0 1 Z 41 1� 0 L SHEET / 1tA. 1/2 PROJECT 2007223M Center /„, 300 0 _2,5 4 300 0 0 f o a R00 x m P o g \\ S , 534 S 0 448 7 0 54 2 N4 4 FIRST PARK LAKEVI LAKEVILLE, MINNESOTA Preliminary Plat 1D 2 >r� 1\ 149 5 at r : • agi 5. 040 (2 q 71,Z4- +0 0 "14',",:t n e r p +V 1 429 4.2 4 6 se 7 ° 3 o 0e 525 , 9 646: 04 SOO27'18 °W ` s- west line of the SW 1/4 See 32, T 114, R 20 P T I 0 N 846 02 199 2 199.5 1 CD \ Richard 6284 2 5t Stmetet We. c,mer l.^Mle, mR e00,14. KO (Manned Nero Denlopment) - r. Po He 22 -11e25 -010-5-010 -01 ry F�Industrial Realty Trust © 76 olden Triangle Drive, Suite T c0 en Prairie, MN 55344 2 '7 4 REVISIONS ■ 8 1, 33 z 1 0 O O DRAWN CMH 1 Kurt M Kisch CHECKED KMK DATE 3/26/08 2 V; O O ni 04 REG NO 23968 x 0000000 000000000 1KKtiK -itiK -t H 7:e- t0•lm0nma 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 uN 22 N NNO NOt TA��NNO OJ p R o o o o o o g o R 0 0 Nm 4o VA t4 0 (fl O�o00 p Pp 4 N 4 P 4 O n p p A O Opp p n ° mm8 °mom °�ga'n� °pmum m O • O • 0 00 I I .pond ertl /y Mal Nla a urea pb ar report woo l ^ MN MN Hem Use, MN SURVEYED RLK prepmad ey ms ar unds A Feot n .u re r that 1 am duly e Licensed Land Surveyor under RT .K Ma Iowa al the State of Minnesota MientscaleA MN o.m.ie, MN elkinfED Phpne 952 933 0972 Pe. 9 1153 innzoot 6110 Blue Circle Delve • Suite 100 • Allsanetonks, MN 55343 z 1 SHEET 2/2 PROJECT I 2007223M § T oamg.--stncY2...; c, to 0•Fr1 111111111111.11 110 § u6, 9 lfl 10 •4— > Z Z > 0 00 c P 8 oc 10 5g FIRST PARK LAKEVILLE LAKEVILLE, MINNESOTA Preliminary Plat ) West hoe of the SW 1 / 4 Sec 32, 7 114, R.20 _ • I 4.1 L14 ' ° A "1---/ . _■,', o k \ /--, \VV. N , \ '' " — ' • \ , ,,, - ' \ N \ , ‘, ---• ‘, ,-, rCkr • N 't- N'-- -.., "0 • -...„ 4 - --.. --„..., ...."...... .., --„, ....., ....„„,. -.........,„. .4..„.. I , ...... 4 -•••■„, ..... ,....„. / 6 . 2 .T7- , .." -, - ---..„) •,..; ._‘', " - a 5 te 321 3 T.4.„ T T, T „73 3 6 1 10 5 , t I t R 346 g- L i B W.. / 82,4° 1- , . ,, ' / ,:':' ,,,,.; 7 2, F 6:9 6 . 0 / • '' \ 9 ,c- ----- (..,' 4, i '96'1 , 1 East lino of the SE 1/4 -- Sec 31, 7 114, R 20 - First Industrial Realty Trust 7625 Golden Triangle Drive, Suite T Eden Prairie, MN 55344 7.3 , ,' ,,, f ' .,: .. / / i / 1 ' / •T' 2 / REVISIONS / 1 1 1 I ,I. \ . 1 , 7 98 / 0 / / l L 523.7 1 ti 2 to '' z \ , / East line of the Southwest Quarter - Sec 32, T 114, R 20 611 8 UNPLATTED 1-2 (General Industriol District) 40 40 :z t.4 1984.00 Metro Airport Commission \SOO 2 7'18 "W 1-2 (Gnefol OlstrIM 14,20-0000-012-78 RLK F H 0 z 29 0 1.5313 r R4260 / 841151' 6. I hereby certify that this survey, plan or report was i ire■... \ Dube:6,31N SURVEYED RUC or prepared by me under my direct 8098.4608 880 Hun Dike, JAN that I 00 a duly Licensed Land Surveyor under Hibbing, MN the laws of the State of Minnesota Minnetstako, Oakdale, MN DRAIRI CMH Kurt M. frisch Plume 952 9330972 Ps 952 933 1153 Inoemiklaczem CHECKED KMK DATE 3/24/08 REG NO 23968 1 6110 Blue Carle Delve • Suite 100 • Itlinneteaku MN 55343 0 MwslPt Really t,,,al \z00>- u1 -u \a.9 \100 \nx\[.n IMAPefell 5na Pion a. F 2 rn SNEPT / 1/1 PIN1j(CT / 2007223M DATE 05/02/08 0 O O u tEl a ,t 3 I d 1 �� / /• 1 ° 1I' I • 01 I / / / / /. .4 I •,/ ' ,' / ' i ,' , •1 1 / / .eo -� ' I �// I1 /11 - -_ -- : • 1 • �.'� l FIRST PARK LAKEVILLE LAKEVILLE, MINNESOTA OVERALL SITE PLAN /9/' . • " . 1+* 4 T 0 Imo I JTNllmm mminirMHT111 n1T I / f �LII0IWWWWWl1(ZLIWWWWWI L € 9 "aal� C �a: � eg AA W< m z Mo FIRST INDUSTRIAL REALTY -TRUST X 0 REVISIONS (W WWUI W WW W W W 1111111 W 8 DRANK ELL CHECKED DATE DO I II II I booby cerl Ibtt 1bs P4an nos wetwed by /∎. SORYEYED RLK • w Pnao any drat! suP•a an d Ih o , \ o duly LIcensed Prolesa 09: under ibe DESIGNED CHL inns o! the State 01 Nmnesolt RLK .K I Oner ) b / v 0 O - 0 °' 2 = m g N Dq z co Duluth MN Hon. Lake, MN Hibbing, MN Minnetonka, MN Oakdale, MN Phone 952 933 (0)72 Fax 9529371153 w rlkanc corn LIC NO 1 61111 Blue C cle Dnve • Suite 100 • Minnetonka, MN 55343 N w w m \ Q1 U O 555 600 27'18 'W - East line of Lot 1, Block 1, FIRST PARK LAKEVILLE G RW. 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SOUTH 9 712 an COMMENTS SUITE 770 BLOOMINGTON, MN 55435 SURVEYED RLK DESIGNED DTB DRAWN TBR CHECKED 1 hereby certify that this plan was prepared by me or under my direct supervision and that I am my License • on soap Ar I nder the lot • the S + e o s• /d81s 1 (1 • Westendorf Je DATE 9/7/11 LIC NO 44018 Bilem Y.•taaeseNd.IWe•Ieerlopolm11p•T.Be Creadng.mO ar»fr Communities R T .K ( INCORPORATED ) 611013ks Cede Dr. M Ranch.:. w.es.s NM 1/088872 141804184.1078 verAvadnocam ug Re a a t t 03Dm G A \(B � r Enka \2mi - 129- M \Ew9 VGa\rt \139- MGR -rt Erg 000 `?Z9 D� D �F2z mm m i zc2 E4 02 P3 * zD 2 ^ D - -I 0-D> m • z °F om x i s = z ° o �2 < ,,, co- om 0 a Z am 'ID Zm a NN Z << r m fi/co q < mN 2 rai °p ; x 0 zm F'" `c3 ›mm P D E P mO m f+l X m 0 m O Z §4.. ? 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David DATE 8/22/2011 LIC NO. 40409 OWN esax•va Cowman R ∎ I M pelp moon t• i/H VV wal 1- Memorandum To: Frank Dempsey, Associate Planner From: Zach Johnson, Assistant City Engineer McKenzie Cafferty, Environmental Resources Manager • ✓`L Copy: Dennis Feller, Finance Director David Olson, Community and Economic Development Director Gene Abbott, Building Official Date: September 1, 2011 Subject: First Park Lakeville 3rd Addition • Final Plat Review • Site Plan Review • Grading Plan Review • Utility Plan Review BACKGROUND City of Lakeville Engineering CB Richard Ellis, on behalf of FR /CAL Interstate South LLC, has submitted a final plat named First Park Lakeville 3rd Addition. The industrial subdivision is the third phase of the First Park Lakeville preliminary plat that was approved by the City Council on June 16, 2008. The subdivision is located south of 215 Street (CSAH -70) and east of Dodd Boulevard (CSAH -9). The parent parcel consists of Lot 1, Block 1 and Outlot C, First Park Lakeville and is zoned I -1, Light Industrial District. The final plat consists of one (1) industrial lot and one (1) outlot on 22.51 acres. The outlot created with the final plat will have the following use: Outlot A: Future industrial development; to be retained by the Developer (3.69 acres) SITE CONDITIONS The easterly 2 /3 of the parent parcel (Lot 1, Block 1, First Park Lakeville) is developed and contains a 282,100 square -foot industrial building and parking field. The westerly 1 /3 of the parent parcel (Outlot C, First Park Lakeville) consists of vacant, undeveloped land that was previously mass graded with the first phase of the First Park Lakeville improvements. FIRST PARK LAKEVILLE 3 RD ADDITION SEPTEMBER 1, 2011 PAGE 2 OF 8 STREET AND SITE LAYOUT Humboldt Road /220 Street First Park Lakeville 3rd Addition is east of and adjacent to Humboldt Road /220 Street, a minor collector roadway as identified in the City's Transportation Plan. The Developer previously dedicated 80 feet of right -of -way, as shown on the First Park Lakeville plat, to satisfy the right -of -way requirement for Humboldt Road /220 Street. Development of First Park Lakeville 3 Addition includes the construction of Humboldt Road /220 Street. Humboldt Road /220 Street will be extended south and west from its existing terminus to Dodd Boulevard (CSAH -9). Humboldt Road /220 Street will be constructed within existing right -of -way, as shown on the First Park Lakeville plat. Humboldt Road /220 Street is designed as a 40 -foot wide two -lane undivided rural roadway with 2 -foot wide aggregate shoulders and roadside drainage swales. The Humboldt Road /220 Street right -of -way, as shown on the First Park Lakeville plat, overlaps an existing easement in favor of Northern Natural Gas and the existing Elko /New Market sanitary sewer interceptor owned and maintained by Metropolitan Council Environmental Services (MCES). The design and construction of Humboldt Road /220 Street must be consistent with any requirements set forth by Northern Natural Gas and MCES. Dakota County controls the access locations along Dodd Boulevard (CSAH -9); the Humboldt Road /220 Street access location was previously approved with the First Park Lakeville plat. A permit from Dakota County is required prior to commencing any work within Dodd Boulevard right -of -way. The Developer is responsible for 100% of the costs of any required improvements to Dodd Boulevard, including right and left turn lanes at the intersection of Humboldt Road /220 Street and the removal and restoration of the existing temporary access, consistent with the First Park Lakeville plat. The existing temporary cul -de -sac at the terminus of Humboldt Road /220 Street will be removed and the associated right -of -way restoration will be completed in conjunction with the street construction. Prior to City Council consideration, the Developer must submit an engineer's estimate for the construction cost of Humboldt Road /220 Street, including all associated landscaping improvements. 217 Street First Park Lakeville 3 Addition is south of and adjacent to 217 Street, a local street as identified in the City's Transportation Plan. The Developer previously dedicated 80 feet of right -of -way, as shown on the First Park Lakeville plat, to satisfy the right -of- way requirement for 217 Street. 217 Street is constructed as a 40 -foot wide two -lane undivided rural roadway with 2 -foot wide aggregate shoulders and roadside drainage swales. FIRST PARK LAKEVILLE 3 RD ADDITION SEPTEMBER 1, 2011 PAGE 3 OF 8 Site Plan Review The easterly 2 /3 rds of the parent parcel (Lot 1, Block 1, First Park Lakeville) contains an existing 282,100 square -foot industrial building and parking field. The building is owned by FR /CAL Interstate South LLC. The westerly 2 /3r of the building will be operated by Computer Sciences Corporation (CSC) and function primarily as a warehouse and maintenance facility for United States Postal Service equipment. The westerly 1 /3 of the parent parcel (Outlot C, First Park Lakeville) consists of a vacant, undeveloped parcel that was previously mass graded with First Park Lakeville improvements. The Developer will construct a bituminous surfaced parking lot on the southerly half of the property. The parking lot will be utilized for trailers that will store equipment. The parking lot will be owned by FR /CAL Interstate South LLC and maintained by Computer Sciences Corporation (CSC). The portion of Outlot C, First Park Lakeville containing the parking lot will be combined with Lot 1, Block 1, First Park Lakeville to create Lot 1, Block 1, First Park Lakeville 3 Addition. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to 217 Street via Dodd Boulevard (CSAH -9). PARKS AND TRAILS Development of First Park Lakeville 3 Addition will not require public sidewalk or trail construction. The City's Parks, Trails and Open Space Plan does not designate any area within the plat as future park land. The Park Dedication requirement for Lot 1, Block 1, First Park Lakeville was satisfied through a cash contribution paid with the First Park Lakeville plat in 2008. The Park Dedication requirement for the portion of Outlot C, First Park Lakeville that will be developed and combined with Lot 1, Block 1, First Park Lakeville has not been met and will be satisfied through a cash contribution that will be paid with the final plat. The Park Dedication fee is calculated as follows: 22.51 acres Gross area of First Park Lakeville 3rd Addition - 3.69 acres Area of Outlot A, First Park Lakeville 3 Addition - 15.95 acres Area of Lot 1, Block 1, First Park Lakeville x $4,558 /acre = $13,081.46 Park Dedication Fee Total Rate FIRST PARK LAKEVILLE 3 RD ADDITION SEPTEMBER 1, 2011 PAGE 4 OF 8 UTILITIES SANITARY SEWER First Park Lakeville 3rd Addition is located within subdistrict SC -10160 of the South Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Development of First Park Lakeville 3 Addition will not require public sanitary sewer construction. Construction of the parking lot will not require a connection to public sanitary sewer. The Sanitary Sewer Availability Charge was previously collected on Lot 1, Block 1, First Park Lakeville. The Sanitary Sewer Availability Charge has not been collected on the portion of Outlot C, First Park Lakeville that will be developed and combined with Lot 1, Block 1, First Park Lakeville and must be paid with the building permit if and when the property requires a public sanitary sewer connection. The Sanitary Sewer Availability Charge has not been collected on Outlot A, First Park Lakeville 3rd Addition and must be paid at the time the outlot develops. WATERMAIN Development of First Park Lakeville 3 Addition will not require public watermain construction. Construction of the parking lot will not require a connection to public watermain. The Developer will connect to an existing looped fire protection system within Lot 1, Block 1, First Park Lakeville and extend a 6 -inch watermain within the new parking lot to provide additional fire flow availability to the storage trailers. The 6 -inch watermain will be privately -owned and maintained by the Developer. Final locations and sizes of all watermain facilities will be reviewed by City staff with the final building permit plans. DRAINAGE AND GRADING First Park Lakeville 3 Addition is located within subdistricts SC -6 and SC -8A of the South Creek drainage district as identified in the City's Water Resources Management Plan. Development of First Park Lakeville 3 Addition will not require public stormwater or infiltration basin construction as the contributing drainage area generated from within the site was incorporated into the design of First Park Lakeville stormwater management system. Stormwater runoff generated from within the site will be conveyed via private storm sewer and drainage swales to existing public stormwater basins located south of and adjacent to the site (Outlot D, First Park Lakeville). FIRST PARK LAKEVILLE 3 RD ADDITION SEPTEMBER 1, 2011 PAGE 5 OF 8 A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Development of First Park Lakeville 3rd Addition will not require public storm sewer construction. Development of First Park Lakeville 3 Addition includes the construction of a private storm sewer system. The private storm sewer system is located within Lot 1, Block 1, First Park Lakeville 3 Addition and will collect and convey stormwater runoff generated from within the parking lot to an existing drainage swale. The private storm sewer, including the driveway culverts, will be owned and maintained by the Developer. Prior to City Council consideration, the Developer's engineer must submit culvert sizing calculations for the driveway culverts. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and will be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: 980,617 sf - 160,822 sf - 694,984 sf x $0.235/sf = $29,330.59 Gross area of Area of Area of Area Charge Total First Park Lakeville Outlot A, First Park Lot 1, Block 1, First 3 Addition Lakeville 3 Addition Park Lakeville WETLANDS There are no existing wetlands within First Park Lakeville 3 Addition. All wetlands and required wetland buffers in the First Park Lakeville plat are located within City outlots. TREE PRESERVATION There are no significant trees within First Park Lakeville 3 Addition. First Park Lakeville 3 Addition is consistent with the overall tree preservation plan that was approved with the First Park Lakeville plat. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A rock construction entrance is included in erosion control notes and details. FIRST PARK LAKEVILLE 3 R° ADDITION SEPTEMBER 1, 2011 PAGE 6 OF 8 • A seed /mulch specification that meets City requirements is included in the erosion control notes. Temporary mulching and hydraulic soil stabilization may be required during the construction process, as well as permanent seeding and mulching. • All 3:1 slopes will be stabilized with fiber blanket. • Silt fence will be installed to protect offsite areas from sediment transport. • Rock checks will be installed in areas of concentrated flow. • Inlet protection is shown on the detail sheet and included in erosion control notes. Wimco or approved equal will be used. • The streets will be cleared of debris at the end of each day. Additional sweeping will be required during the hauling process. All streets must be maintained to safe driving conditions. The drainage channel along the east and west side of the project must be protected from sediments during construction. All disturbed areas within the channel will be seeded and erosion control blanket must be installed on bottom and side slopes. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. Additional measures shall be installed and maintained by the developer. SECURITIES The Developer will provide a Letter of Credit as security for the Developer - installed improvements relating to First Park Lakeville 3 Addition. Construction costs are based upon estimates submitted by the Developer's engineer dated August 31, 2011 and submitted September 1, 2011. CONSTRUCTION COSTS Storm Sewer Humboldt Road /220 Street Construction Erosion Control, Restoration and Grading Certification SUBTOTAL - CONSTRUCTION COSTS OTHER COSTS Developer's Design (6.0 %) Developer's Construction Survey (2.5 %) City's Legal Expense (0.5 %) City Construction Observation (7.0 %) Developer's Record Drawing (0.5 %) Landscaping Street Lights Lot Corners /Iron Monuments SUBTOTAL - OTHER COSTS $ 15,061.00 To Be Determined 6,357.25 To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined 8,500.00 6,000.00 200.00 To Be Determined TOTAL PROJECT SECURITY To Be Determined FIRST PARK LAKEVILLE 3 RD ADDITION SEPTEMBER 1, 2011 PAGE 7 OF 8 The street light security totals $6,000.00 which consists of five mast -arm street lights at $1,200.00 each. The Developer will post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot for a total of $200.00. The City will hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading, utility and street construction. CASH FEES The cash fee for traffic control signs is $165.37, which consists of one stop sign. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses will be paid with the final plat and is calculated as follows: 246.26 ff x $0.214/ff /qtr x 4 qtrs = $210.80 Humboldt Road /220 Street Front Footage Streetlight Operating Rate Total A cash fee for one -year of surface water management expenses will be paid with the final plat on the portion of Outlot C, First Park Lakeville that will be developed and combined with Lot 1, Block 1, First Park Lakeville and is calculated as follows: 18.82 acres - 15.95 acres x 4.20 REU x $7.00 /unit /qtr x 4 qtrs = $337.51 Area of Area of Residential Surface Water Total Lot 1, Block 1, Lot 1, Block 1, Equivalent Management Rate First Park Lakeville First Park Utility Factor 3 Addition Lakeville A cash fee for the preparation of record construction drawings and for upgrading the City base map will be paid with the final plat and is calculated as follows: 2 lots x $75.00 /unit = $150.00 Lots City Base Map Updating Fee Total The Developer must submit the final plat and construction drawings in an electronic format. The electronic format must be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $ (To Be Determined). FIRST PARK LAKEVILLE 3 RD ADDITION SEPTEMBER 1, 2011 PAGE 8 OF 8 Park Dedication Fee Trunk Storm Sewer Area Charge Traffic Control Signs Streetlight Operating Fee Surface Water Management Fee City Base Map Updating Fee City Engineering Administration (3.00 %) TOTAL CASH REQUIREMENTS RECOMMENDATION Engineering recommends approval of the final plat, site plan, grading plan and utility plan for First Park Lakeville 3 Addition subject to the comments within this report and the following: Prior to City Council consideration: CASH REQUIREMENTS $ 13,081.46 29,330.59 165.37 210.80 337.51 150.00 To Be Determined To Be Determined • The Developer must submit an engineer's estimate for the construction cost of Humboldt Road /220 Street, including all associated landscaping improvements. • The Developer's engineer must submit culvert sizing calculations for the driveway culverts.. • The Developer must revise the final plat and submit legal descriptions that establish a temporary public drainage and utility easement across Outlot A, First Park Lakeville 3 Addition for drainage and utility purposes.