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HomeMy WebLinkAboutItem 06.eJuly 13, 2012 Item No. KINGSLEY SHORES SENIOR LIVING FINAL PLAT EXTENSION AND AMENDED DEVELOPMENT CONTRACT JULY 16, 2012 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a 100 day extension for recording the Kingsley Shores Senior Living final plat and a development contract amendment. Adoption of this motion will provide the development team with additional time and the documentation necessary to finalize their arrangement with the lending institution that will be providing the construction loan for the Kingsley Shores senior housing project. Overview Charthouse Senior Living representatives are requesting another 100 day extension for recording the Kingsley Shores Senior Living final plat as well as an addendum to the development contract and planned unit development agreement so they can close on project financing with their lending institution. At their March 7, 2011 meeting the City Council approved the Kingsley Shores Senior Living preliminary and final plat and related planning actions for a 101 unit continuing care senior housing development to be located east of the Charthouse Restaurant on the north side of Klamath Trail, west of Kenwood Trail (CSAH 5). The Subdivision Ordinance requires that a final plat be recorded within 100 days of City Council approval. The City Council approved 100 day extensions to record the Kingsley Shores Senior Living final plat at their June 6, September 19 and December 19, 2011 and April 2, 2012 meetings. The final plat of Kingsley Shores Senior Living will expire on July 19, 2012 unless the City Council grants another extension. Staff recommends approval of the development contract amendment and 100 day extension for recording the Kingsley Shores Senior Living final plat, to October 27, 2012. Primary Issues to Consider What are the implications if this final plat extension request is not granted? The Kingsley Shores Senior Living preliminary and final plat would become null and void requiring approval of a new preliminary and final plat. Supporting Information • June 28, 2012 e -mail requesting the final plat extension Amended development contract and PUD agreement Daryl orey, PI n ing Director Financial Impact: $ Budgeted: Y/N _ Source: Related Documents (CIP, ERP, etc.): Subdivision Ordinance Notes: Morey, Daryl From: Andy Auger <AndyA @winkbuild.com> Sent: Thursday, June 28, 2012 9:39 AM To: Morey, Daryl Cc: Walter, Robert J.; Mike Schoenecker Subject: FW: Kingsley Shores Extension Daryl, per your discussion with Bob Walter of Gray, Plant, Mooty today, please use this e -mail as a request from Charthouse Senior Living, LLC to extend both the plat recording and the developer agreement on the Kingsley Shores Senior Living project for 100 days. If you have any questions, or need any more information, please feel free to contact me. Thanks, Andy Auger Charthouse Senior Living, LLC (reserved for recording information) AMENDED AND RESTATED DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) KINGSLEYSHORES SENIOR LIVING AGREEMENT dated July ®, 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (the "City "), and CHARTHOUSE SENIOR LIVING, LLC, a Minnesota limited liability company (the "Developer'). 1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and planned unit development for KINGSLEY SHORES SENIOR LIVING (referred to in this Contract as the "Plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A ". 2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City hereby approves the plat and planned unit development on condition that the Developer enter into this Contract, 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 of Lakeville (the "City Council ") approves this Contract, except as such 100 -day period may be extended by the City Council. 3. RIGHT TO PROCEED. 156322v03 1 LKVL:KINGSLEY SHORES SENIOR LNING SRN:r03 /01 /2011 (Charthouse Senior Living, LLC) A. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, utilities, streets, or public or private improvements, until the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk of Lakeville, 2) the necessary security has been received by the City, 3) the Developer has obtained the necessary insurance as required by the City, and 4) the Developer attends a pre- construction meeting with certain City officials. B. Within the plat or land to be platted, the Developer may not construct any buildings until all the following conditinnc hn%ta haan caticfieri. 1) all nnndl ±Inn. contained i n 3A ha.° been s fCed and (2) the plat has been filed with the Dakota County Recorder's Office. 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 Contract 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 Contract 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. PRELIMINARY PLAT STATUS. if the plat is a phase of a multi - phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, 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 Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's 156322v03 2 LKVL:K NGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLQ Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C and E, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the Plat. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control The mans are• Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Overall Site Plan Plan F - Site Plan Plan G - Landscape Plan The execution of the Plat by the City is evidence that all such plans have been submitted to the City. 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Public and Private Sanitary Sewer Systems B. Water System C. Public and Private Storm Sewer Systems D. Streets E. Concrete Curb and Gutter F. Site Grading, Stormwater Treatment/infiltration Basins, and Erosion Control G. Underground Utilities K Setting of Iron Monuments I. Surveying and Staking J. Sidewalks and Trails 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 156322v03 3 LKVLKINGSLEY SHORES SENIOR LrvrNG SRN:r03 /01/2011 (Charthouse Senior Living, LLC) 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 lnc The (le��eln engineer droll prn,A,4a fn n�n_�lfe prni.,f management Tile flexreln 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. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals 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. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal 156322v03 4 LKVL:KrNGSLEY SHORES SENIOR L1vio SRN :r03 /01/2011 (Charthouse Senior Living, LLC) • DNR for Dewatering • City of Lakeville for Building Permits • MCES for Sanitary Sewer Connections • City of Lakeville for Retaining Walls 11. 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 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. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2013. 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 posted by the Developer 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. 13. LICENSE. The Developer and the Frank M. Schoeben Living Trust dated October 8, 1996, (the "Fee Owner"), for theirselves and their successors and assigns, hereby grant the City, its agents, employees, officers and contractors a license to enter the Plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development effective upon the date of this Contract whether or not the Plat has been recorded. 14. 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 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 15632203 5 LKVL:KINGSLEY SHORES SENioR LIvrNG SRN:r0310 1 /20 1 1 (Charthouse Senior Living, LLQ 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 h....... j., If fhe ne^�eld N does n,4 Y the r,;+, , for =,, COSt the City I....Jr "ed for 3U'Ch : ^:Or w ith i n 11 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 no building permits will be issued unless the Plat is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The Plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ", subject to construction plan review comments from the City Engineer. The plan shall conform to City of Lakeville specifications. Prior to the issuance of 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 pads, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of a certificate of occupancy 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 footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 15632203 6 LKVL:KiNGSLEY SHORES SENIOR LivNG SRN:r03 /01/2011 (Charthouse Senior Living, LLC) 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, 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. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 1R_ CITY FNr:INPFRINr: AnmiMI52TRATIONl AND COK1STR11CT1f%K1 rIRCC0\ 1AT1nK1 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. 19. STORM SEWER. Development of Kingsley Shores Senior Living includes the construction of public and private storm sewer systems. The public storm sewer system consists of the modification to the existing storm sewer system within Klamath Trail to accommodate the street widening. The proposed public storm sewer will be located within right -of -way and maintained by the City. The private storm sewer will be located within Outlot A and Lots 1 and 2 and will collect and convey stormwater runoff generated from within the lots to the underground stormwater system and Kingsley Lake. Before the City signs the final plat, the Developer must submit documentation of the private utility 156322v03 7 LKVLKNGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLQ easement to maintain the common storm sewer outlet between the two parcels. The storms sewer systems will be privately owned and maintained by each respective parcel owner. The parent parcels of Kingsley Shores Senior Living were previously assessed for the trunk storm sewer area charge and the assessment has been paid. The Developer will receive trunk storm sewer credits for conveying Outlot A to the City. The credit for the 6.21 acres of land is $34,155.00 and is calculated at the rate of $5,500.00 per acre, consistent with City policy. 20. SANITARY SEWER. Development of Kingsley Shores Senior Living includes the CnnR4ri intinn of ni ihlin cani+ani caXniar frnm on avictinn mnnhnla within Vnnu,nnrl Trail nnr+ +n av +anri R_inrh sanitary sewer through Lot 1 and Lot 2. Privately owned and maintained sanitary sewer services will be extended from the 8 -inch public sanitary sewer to provide service to Lots 1 and 2. The parent parcels of Kingsley Shores Senior Living were previously assessed for the trunk sanitary sewer area charge and sanitary sewer improvements along Kenwood Trail, and the assessments have been paid. The City records indicate the Developer is eligible for two (2) sanitary sewer unit connection charge credits. 21. WATERMAIN. Development of Kingsley Shores Senior Living will not require public watermain construction. Individual water services will be constructed to each lot from existing watermain located in Klamath Trail. The parent parcels of Kingsley Shores Senior Living were previously assessed for the watermain improvements along Klamath Trail and Kenwood Trail, and the assessments have been paid. City records indicate the Developer is eligible for two (2) watermain unit connection charge credits. 22. KENWOOD TRAIL AND KLAMATH TRAIL IMPROVEMENTS. The parent parcels of Kingsley Shores Senior Living were previously assessed for the street improvements to Kenwood Trail as part of City of Lakeville Project No. 84 -2, and the assessment has been paid. The Developer is proposing to widen and urbanize Klamath Trail in lieu of the cash fee for future upgrading of the adjacent street. The Klamath Trail improvements to be completed by the Developer shall include curb and gutter, bituminous mill and overlay, and widening and urbanization of the north half of existing Klamath Trail from Kenwood 156322v03 8 LKVL:KINGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLQ Trail to Charthouse Restaurant property line to include a right turn lane at the shared driveway access between Lots 1 and 2, Block 1, Kingsley Shores Senior Living. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility, parking lot and building construction is restricted to access the site by only one of the proposed driveway locations on Klamath Trail via Kenwood Trail. 24. PARK DEDICATION AND TRAILS. The City's Parks, Trails and Open Space Plan does not designate any area within the Kingsley Shores Senior Living plat as future park land. The City's park ded,cat;on requt ,, ent for the parent parceis of Kingsley Shores Senior Living .vas sat;sfied through a cash contribution paid with the administrative subdivision of the parent parcels in 1997. Development of Kingsley Shores Senior Living includes 10 -foot wide bituminous public trail construction along Klamath Trail from Kenwood Trail to the driveway of the adjacent Charthouse Restaurant property. The Developer is fully responsible for the trail grading and restoration. The construction cost for the bituminous pavement and aggregate base of the trail shall be divided with 50% being the Developer's cost and 50% being the City's cost for the trail segment from Kenwood Trail to the western Kingsley Shores Senior Living plat boundary. The City will be responsible for 100% of the cost of the trail segment from the western Kingsley Shores Senior Living plat boundary to the Charthouse Restaurant driveway. The estimated reimbursement is $4,142.77 and is based on an estimate provided in part by the Developer's engineer. 25. RETAINING WALLS. Development of Kingsley Shores Senior Living includes the construction of retaining walls along the east (upper -tier and lower -tier) and west side (lower -tier only) of the underground parking driveway access. The walls will vary in height between one and four feet and will be privately -owned and maintained by the Developer. The walls must be constructed outside the established drainage and utility easements, as shown on the Kingsley Shores Senior Living development plans. Retaining walls with a combined height greater than four feet shall be designed by a registered geotechnical or structural engineer and constructed in accordance with plans and specifications consistent with MnDOT requirements. A separate building permit from the City's Building Inspections Department is 15632203 9 LKVL:KiNGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLC) required prior to construction of all walls over four feet in height. The walls shall be inspected during construction and certified by the design engineer following construction. Before the City signs the final plat, the Developer shall post a $9,125.00 security to guarantee construction of the retaining walls in accordance with the approved plans. 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay to the City a cash fee for street signs in the amount of $350.00, which consists of one right turn lane sign at $350.00. If the street posts are installed in frost conditions, the Developer shall pay an addltlCnal $1 vv.vv ut eaC Strc °t pv$t ivCativi Ti s , oper 3ii.ii ai$0 Pct a Cash fee fvr one-year of streetlight operating expenses for Lots 1 and 2. Consistent with City policy, the streetlight operating fee is based on a commercial development so as to provide a more comparable rate to the anticipated usage, and is calculated as follows: 1,210 ff (Klamath Tr. &KenwoodTr. Street Front Footage) x $0.214/ff /qtr x 4 gtrs = $1,035.76 The Developer must pay the above street sign fee and streetlight operating fee in cash at the time of final plat approval. 27. SURFACE WATER MANAGEMENT UTILITY FEE. The Developer shall pay the City a cash fee for one -year of surface water management expenses for Lots 1 and 2 calculated as follows: LOT 2: 101 dwelling units x 0.25 REU x $7.00 /unit/qtr x 4 qtrs = $707.00 LOT 1: 1.95 acres x 4.2 REU x 30 %/42% x $7.00 / unit/qtr x 4 gtrs = $164.64 (commercial lot) reduction for less than 42% impervious The above surface water management utility fees must be paid in cash at the time of final plat approval. 28. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $97,000.00 security at the time of final plat approval to guarantee installation of the approved landscaping. Since the senior living facility on Lot 2 abuts a major collector street (Klamath Trail) it is subject to the buffer yard requirements of the City zoning ordinance. Landscaping is proposed on an undulating three foot high berm along Klamath Trail in front of the proposed senior living facility. The proposed buffer yard landscaping does not provide a continuous 10- 15632203 10 LKVL:KINGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLQ foot tall berm /landscaping screen in order to provide residents of the senior living facility with view corridors to the public street and trails, and also so the front of the building does not become obscured by the landscaping. 29. TREE PRESERVATION. The Developer must post a security for tree preservation on an individual lot basis for each lot containing a "save" significant tree. The security is $1,500.00 for each lot with a "save" significant tree and $1,000.00 for each outlot with a "save" significant tree, and is calculated as follows for Kingsley Shores Senior Living: Block 1: Lots 1 and 2 2 lots @ $1,50000 -ach Outlot A 1 outlot @ $1,000.00 each = $1,000.00 Total Tree Preservation Security $4,000.00 Prior to the issuance of a certificate of occupancy in this subdivision, the Developer's forester shall certify that all trees designated to be saved on the tree preservation plan are saved or replaced in compliance with Subdivision Ordinance requirements. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations in the February 11, 2011, Engineering report. B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. C. Parcel 3 as identified on the Existing Conditions Survey revised 01 -12 -11 will be conveyed by quit claim deed by the City to the Fee Owner consistent with the administrative subdivision approved in 1997. D. Upon the recording of the final plat, the Developer shall convey Outlot A to the City by warranty deed, free and clear of any and all encumbrances. E. The existing overhead utility lines on the north side of Klamath Trail must be buried at the Developer's expense. Before the City signs the final plat, the Developer shall post a $23,000.00 security to ensure that the work is completed per all applicable codes and regulations. The security is based on a cost estimated provided by Dakota Electric Association. 156322v03 11 LKVLKINGSLFY SHORES SENIOR LNING SRN:r03 /01/2011 (Charthouse Senior Living, LLC) F. Before the City signs the final plat, the Developer shall post a $1,000.00 security to guarantee removal of the existing foundation on the site. G. Before the City signs the final plat, the Developer shall post a $2,000.00 security to guarantee placement of the on -site private signs and pavement markings. H. The Kingsley Shores Senior Living facility shall be developed consistent with the plans approved by the City Council. The Planned Unit Development (PUD) flexibilities for Kingsley Shores Senior Living include buffer yard building setback and screening, building height, shared parking and ?rrncc i,nVlerg r�aind pa "n" Mall -epth and a Sha, "l — Standing Si ^ vn Lot 1. A total of 94 dwelling units will be transferred to the Kingsley Shores Senior Living development as allowed in the residential shoreland density reserve section of the City zoning ordinance allowing a total of 101 dwelling units to be constructed within the Plat. J. The following setbacks are required for the continuing care senior facility on Lot 2: Klamath Trail: 30 feet (building) 15 feet (parking) Side Yard: 20 feet (shoreland overlay district) OHWL: 150 feet K. Before the City signs the final plat, the Developer shall provide private agreements for shared parking and driveway access and shared storm water drainage facilities between Lot 1 and Lot 2 in a form acceptable to the City Attorney. The agreements must include maintenance responsibilities. L. The Developer must install "fire lane" signage along the driveway in front of the senior housing facility as recommend by the Lakeville Fire Department. M. Any rooftop mechanical equipment must be screened from public view in compliance with City zoning ordinance requirements. N. Detailed light fixture plans for exterior lighting must be submitted with the building permit for the Kingsley Shores Senior Living facility. Lighting must comply with the requirements of Section 11 -16 -17 of the City zoning ordinance. 156322v03 12 LKVL:KMSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLC) O. Development signage must be installed consistent with the approved plans. Signage for the Kingsley Shores Senior Living development is subject to the following conditions: • The combined freestanding sign on Lot 1 shall be constructed consistent with the approved site plan. • No additional freestanding signs shall be allowed on Lot 1. The City zoning ordinance allows two wall signs for the future building on Lot 2 because it is a corner lot. • No wall signs shall be allowed for the senior housing facility on Lot 2. P. 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 fiat'. Any encroachments on or adjacent to tiie grope —. shaii be tiaieti on tine survey. Tile Developer shall post a $300.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 3 lots or outlots at $100.00 per Iot/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 building permit for that lot. Q. 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/outlot for a total charge of $225.00. R. 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. 31. 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 shall furnish the City with a letter of credit, in the form attached hereto, from a bank ( "Security ") for $ 435 330.21 plus a cash fee of $ 8,0 00.22 for City engineering administration. The amount of the Security was calculated as follows: 15632203 13 LKVL:KINGSLEY SHORES SENIOR LIVING SRN:r03 /01 /2011 (Charthouse Senior Living, LLQ CONSTRUCTION COSTS: Sanitary Sewer Construction $ 16,47100 Watermain Construction 28,374.00 Storm Sewer Construction 53,958.00 Underground Stormwater System 111,180.00 Street Construction 38,098.00 Trails and Driveway Entrance Construction 8,147.00 Site Grading /Erosion Control /Restoration /Grading Certification 12.444.00 CONSTRUCTION SUB -TOTAL $ 268,674.00 OTHER COSTS: Developer's Design (6.0 %) $ 16,120.44 Developer's Construction Survey (2.5 %) 6,716.85 City Legal Expenses (Est. 0.5 %) 1,343.37 City Construction Observation (Est. 7.0 %) 18,807.18 Developer's Record Drawings (0.5 %) 1,34137 Landscaping 72,750.00 Tree Preservation 4,000.00 Retaining Walls 7,750.00 Remove In -place Foundation 1,000.00 Bury Overhead Utilities 35,760.00 On -site Private Signs and Pavement Markings 765.00 Lot Corners /Iron Monuments 300.00 OTHER COSTS SUB -TOTAL $ 166,656.21 TOTAL PROJECT SECURITIES: $ 435 330.21 This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Administrator. The City may draw down the Security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent 15632203 14 LKVL :KINGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLQ (10 %) of the amounts certified by the Developer's engineer shall be retained as security 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 security is provided, and the public improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for security reductions. The City agrees that notwithstanding any language contained in this Contract to the contrary, the City shall first utilize the letter of credit delivered to the City as Security pursuant this Section 31 of this Contract and the proceeds of draws thereunder to satisfy and pay any unfulfilled .".bliya' —.— of tiffs D ° cVcivp'cr uiIdcr ""i v II.." N2fvrc JGCkii iy Cv1iIpceISBtivi1 frvl aiIy subsequent owner of the Plat for such unfulfilled obligations. Notwithstanding any language herein to the contrary, the City agrees not to release any portion of the Security delivered to it pursuant this Section 31 of this Contract until the obligations of the Developer for which such portion of the Security was delivered is completed in full and accepted by the City. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Traffic Control Signs $ 350.00 Street Light Operating Fee 1,035.76 Surface Water Management Utility Fee 871.64 City Base Map Updating 225.00 City Engineering Administration (3 %) 8.06022 TOTAL CASH REQUIREMENTS $ 10,542.62 Cash Reimbursement Due Developer Trail Reimbursement Credit to Cash Fees $ 4,142.77 Credit for Deeding Outlot A to the City 34.155.00 TOTAL CASH REIMBURSEMENT $ 38,297.77 TOTAL CASH REIMBURSEMENT $ 27,755.15 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract 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 156322v03 15 LKVL:K[NGSLEY SHORES SENIOR LVSNG SRN:r03 /01/2011 (Charthouse Senior Living, LLQ 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 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. In the event that Developer's mortgagee succeeds to the interests of Developer, the warranty provisions contained herein shall not apply to such mortgagee except to the extent that mortgagee constructs any of the improvements YVGI I PI I�G4 I IGI GII 1. 34. RESPONSIBILITY FOR COSTS. 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 Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat. 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. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, 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 Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. 15632203 16 LKVL:KFNGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLQ E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. 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 eighteen percent (18 %) 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. 35. D / na c A :.�LT. iii thG ev= of default by the Developer as tv an" cif ti , 'won , E. uv u , by c N y to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense 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 less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 36. MISCELLANEOUS. 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 the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 15632203 17 LKVL:KINGS[ EY SHORES SENIOR LrvrNG SRN:r03 /01/2011 (Charthouse Senior Living, LLC) E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of a certificate of occupancy. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public 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 permal lent basis ui ltll the streets needed foi Qo4GJJ have bcei. pavcu w h a bitum surface and tii utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. H. This Contract shall run with the land until terminated by the terms contained herein and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. After the work required to be performed by the Developer pursuant to this Contract has been satisfactorily completed, upon request the City Administrator will issue a Certificate of Completion. Upon the City's issuance of a Certificate of Completion, this Contract shall terminate and all responsibilities of the Developer and any successors or assigns shall be deemed satisfied. The parties hereto, or their successors and assigns as applicable, shall cause the proper satisfaction or release documentation to be recorded with the Dakota County Recorder's office evidencing such termination. 15632203 18 LKVL:KINGSLEY SHORES SENIOR LrviNG SRN:r03 /01/2011 (Charthouse Senior Living, LLQ I. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public 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 primwry and ...,ncontnbutory asis, nd the Devcivp ^ cr uhail file — J, the f, a Cc�fCat 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. J. 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. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect until terminated by the terms contained herein even if the Developer sells one or more lots, the entire plat, or any part of it. L. 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 this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 156322v03 19 LKVLK NGSLEY SHORES SENiox LIVING SMNA3 /01/2011 (Charthouse Senior Living, LLC) M. This Contract supersedes and replaces the Development Contract dated March 7, 2011 for Kingsley Shores Senior Living. 37. 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: 340 Highway 10 So., St. Cloud, Minnesota 56304. 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 rare �f the (`iiv 4dminivirnin� + +h.. 4r.lin�. A,4-- I 1, v;1l.. !`f +., unil nn4n= U^Iyot,. n�,....��.,. uic olloWniy auwc�a �anw me City Riau, wiou 11�y o Ave iue, Lakeville, Minnesota 55044. (The remainder of this page has been intentionally left blank. Signature pages follow,) 15632203 20 LKVL:KiNGSLEY SHORES SaNtoR LivrNG SRN:r03 /01/2011 (Charthouse Senior Living, LLC) CITY OF LAKEVILLE (SEAL) STATE OF MINNESOTA COUNTY OF DAKOTA ) ( ss. -3 Mark Bellows, AND Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2012, 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. 156322v03 21 LKVLKtNGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLC) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The for going in trument was acknowledged before me this �_ day of 2012, by dude_ ACA, the Chief Manager of Charthouse Seni r Livi ,LLC, a Minnesota limited liab(lity co pany, on behalf of the company. ���mtrnr O ARY PUBLIC JANICE R HELMtN NOTARY PUBLIC MINNESOTA IS MY COMMISTiON E04M JANUARY 31, 2014 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn 156322v03 22 LKVL:KINGSLEY SHORES SENIOR LIVING SRN:r03 /01/2011 (Charthouse Senior Living, LLC) DEVELOPER: FEE OWNER CONSENT TO DEVELOPMENT CONTRACT FRANK M. SCHOEBEN and VICKI A. SCHOEBEN, TRUSTEES OF THE FRANK M. SCHOEBEN LIVING TRUST DATED OCTOBER 8, 1996, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this a-0 day of , 2012 M. SC EBEN, Trustee of the Frank M. c oeben Living Trust date October 8, 1996 e.. i' VICKI A. SCHOEBEN, Trustee of the Fra M. Schoeben Living Trust dated October 8, 1996 STATE OF MINNESOTA . ) (ss. COUNTY OF N ) The foregoing instrument was acknowledged before me this 136k day of o L 2012, by FRANK M. SCHOEBEN and VICKI A. SCHOEBEN, Trustees of the Frank M. Schoeb n Living Trust DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452 -5000 RNK:srn 156322v03 23 LKVL:KrNGSLEY SHORES SENIOR LIVING SRN:r03 /01/20I1 (Charthouse Senior Living, LLQ EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as KINGSLEY SHORES SENIOR LIVING That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of County Road No. 44, according to the Dakota County Road Right -of -Way Map No. 86 (A.K.A. Klamath Trail, A.K.A. 169 Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County Road No. 5, according to Doc. No. 800588 Office of the County Recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly and southerly of a line described as commencing at the southeast corner of said Southwest Quar thence No 89 degrees 52 minutes i5 seconds Aest, assumed bearing along tiie south line of said Southwest Quarter, a distance of 992.82 feet to the point of beginning of the line to be described; thence North 01 degree 12 minutes 03 seconds West a distance of 709.08 feet; thence North 88 degrees 47 minutes 57 seconds East a distance of 234.74 feet to the centerline of said County Road No. 5 and said line there terminating. .0151 That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of County Road No. 44, according to the Dakota County Right -of -Way Map No. 86 (A.K.A Klamath Trail, A.K.A. 169 Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County Road No. 5, according to Doc. No. 800588 Office of the County Recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly of a line described as commencing at the northeast corner of said South Half of the Southwest Quarter of Section 1; thence on an assumed bearing of South 89 degrees 42 minutes 15 seconds West, along the north line of said South Half of the Southwest Quarter of Section 1, a distance of 1,070.52 feet to the point of beginning of said line to be described; thence South 30 degrees 54 minutes 53 seconds West a distance of 809.52 feet; thence South 22 degrees 19 minutes 01 seconds East a distance of 396.98 feet to the centerline of said County Road No. 44 and said line there terminating. EXCEPT that part of the South Half of the Southwest Quarter of Section 1, lying north of said County Road No. 44 and lying west of the centerline of said County Road No. 5 and lying easterly and southerly of a line described at the southeast corner of said Southwest Quarter, thence North 89 degrees 52 minutes 15 seconds West, assumed bearing, along the south line of said Southwest Quarter, a distance of 992.82 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 03 seconds West a distance of 709.08 feet; thence North 88 degrees 47 minutes 57 seconds east a distance of 234.74 feet to the centerline of said County Road No. 5 and said line there terminating. [ABSTRACT PROPERTY] 156322v03 24 LKVL:KiNGSLEY SHORES SENIOR Lry NG SRN /01/2011 I (Charthouse Senior Living, LLC)