HomeMy WebLinkAboutItem 06.fMay 31, 2013
Item No.
AUTUMN MEADOWS SECOND ADDITION REVISED DEVELOPMENT CONTRACT
JUNE 3, 2013 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the revised development
contract for Autumn Meadows Second Addition.
Adoption of this motion will allow a change to the developer's name on the development
contract and warranty deed.
Overview
At the May 20, 2013 meeting, the City Council approved the final plat for Autumn Meadows
Second Addition. Following City Council approval of the final plat, the developer informed
staff of their proposal to change the name of the development company as noted on the
development contract from K. Hovnanian Homes of Minnesota, LLC to K. Hovnanian Homes
of Minnesota at Autumn Meadows, LLC. The City Attorney has revised the development
contract and warranty deed to reflect the amended business entity name. At the request of
the developer's attorney, the development contract has also been revised to include wording
in paragraph 35.N releasing the Autumn Meadows Addition development contract dated
June 4, 2007.
Primary Issue to Consider
None
Supporting Information
• Signed, revised development contract
• Signed, revised warranty deed conveying Outlots A and B to the City
7.
Frank Dempsey, AICP, Ass late Playrher
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERR etc.):
Notes:
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
A UTUMN MEADOWS SECOND ADDITION
AGREEMENT dated
2013, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and K. HOVNANIAN HOMES OF
MINNESOTA AT AUTUMN MEADOWS, LLC, a Minnesota limited liability company (the
"Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for AUTUMN MEADOWS SECOND ADDITION (referred to in this Contract as the "plat ").
The land is situated in the County of Dakota, State of Minnesota, and is legally described as:
Outlot F, Autumn Meadows, according to the recorded plat thereof,
Dakota County, Minnesota.
(Torrens Certificate of Title No. 147784)
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat 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
approves the final plat.
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3. RIGHT TO PROCEED. 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, streets,
utilities, public or private 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 has been received by the City, and 3) 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, watermain 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, by May 20, 2015.
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 Comprehensive Plan, official
controls, platting or dedication requirements enacted after the date of this Contract.
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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 F, the plans may be prepared, subject to City Engineer approval, after entering the
Contract, but 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 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 plans 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 - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following
(Collectively "Improvements "):
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/[nfiltration Basins, and Erosion
Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
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K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utilities 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 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 its 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
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surveyor shall also submit a written notice to the City certifying that the monuments have been
installed following site grading, utility and street construction.
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, which may include:
A. Dakota County for County Road Access and Work in County Rights -of -Way
B. MnDot for State Highway Access
C. MnDot for Work in Right -of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. 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, 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
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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 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 hereby grants 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.
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 grading operations shall be stabilized per the MPCA
Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current
seeding specification which may include temporary seed to provide 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 MPCA Stormwater Permit for Construction Activity or 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 Security 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.
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15. GRADING PLAN. The plat 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 individual building permits (except three model home permits on lots acceptable to the
Building Official), 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/infiltration basins
and swales, 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/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed
"conservation area" posts; and c) lot corner elevations and house pads, 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
house footings placed on fill will be been monitored and constructed to meet or exceed FHA/HUD
79G specifications.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished
to the City to guarantee compliance with the erosion control and grading requirements and the
submittal of an as -built certificate of survey. Prior to the release of the required individual lot
grading and erosion control Security that is submitted with the building permit, an as -built
certificate of survey for single family lots 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. If the final grading, erosion control and
as -built survey is not timely completed, the City may enter the lot, perform the work, and apply
the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
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and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be
returned to the person who deposited the funds with the City.
16. 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.
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.
18. 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 its 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, 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 AREA CHARGE. Development of Autumn Meadows Second
Addition includes public storm sewer construction. Storm sewer will be installed within the
subdivision to collect and - convey stormwater runoff generated from within the public right -of-
way and lots to the public stormwater basins located within Outlots B and C.
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The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and
shall be paid at the time of final plat approval. The Trunk Storm Sewer Area Charge is
calculated as follows:
Gross Area of Autumn Meadows Second Addition 2,117,452 s.f.
Less Area of Outlot A (Deeded to the City)
Less Area of Outlot B (Deeded to the City)
Less Area of Outlot C (Future Development)
Less Area of Outlot D (Future Development)
Less Area of 179 Street R/W Dedication
Total
( -) 2,600 s.f.
( -) 69,652 s.f.
( -) 594,338 s.f.
( -) 554,201 s.f.
( -) 163,480 s.f.
= 733,181 s.f.
733,181 s.f. x $0.167/s.f. _ $122,441.23
Net Area of Autumn Meadows Area Charge Total
Second Addition
The Developer will receive credits to the Trunk Storm Sewer Area Charge for conveying
Outlot B to the City, consistent with City policy. The $8,800.00 credit is based on the area of
Outlot B (1.6 acres) and is calculated at the rate of $5,500.00 per acre, and will be applied to the
Autumn Meadows Second Addition final plat cash fees. The balance due the City for Trunk
Storm Sewer Area Charge is calculated as follows:
Trunk Storm Sewer Area Charge $122,441.23
Less Credit for Outlots B H 8,800.00
Balance $113,641.23
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the
final construction plans.
20. SANITARY SEWER AVAILABILITY CHARGE. Development of Autumn
Meadows Second Addition includes the construction of public lateral sanitary sewer. Eight inch
sanitary sewer will be extended within the subdivision from two separate locations in order to
provide gravity sewer service to all future lots within the Autumn Meadows Second Addition
development. All within Block 1, as well as Lots 1 -3 of Block 2, and Lot 1, Block 3, will be
serviced by extending eight inch sanitary sewer from the existing manhole that was stubbed to
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the northwest corner of Autumn Meadows Second Addition with the Autumn Meadows
improvements.
All other lots within Autumn Meadows Second Addition will be serviced by extending eight
inch sanitary sewer from the existing sanitary sewer manhole located along Fieldcrest Avenue,
within the Kenridge Second Addition development.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and
must be paid at the time of final plat approval
The Sanitary Sewer Availability Charge is
calculated as follows:
37 units x $307.00 /dwelling unit = $11,359.00
Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total
21. WATERMAIN. Development of Autumn Meadows Second Addition includes the
construction of public watermain. Eight inch watermain will be extended through the subdivision
from the existing watermain that was stubbed to the westerly plat limits with the Autumn
Meadows improvements, along 178 Street. Eight inch watermain will also be extended
through Autumn Meadows Second Addition from the existing terminus along Fieldcrest Avenue,
within the Kenridge Second Addition development.
The proposed watermain layout is in accordance with the City's Comprehensive Water
Plan. Final locations and sizes of all watermain facilities shall be reviewed by City staff with the
final construction plans. In association with MnOPS requirements, utility hook -ups for buildings
within Autumn Meadows Second Addition shall not be permitted until the as -built electronic files
have been submitted and approved by City staff.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading,
public utility construction, and public street construction must be from the existing 179 street
terminus at the westerly plat limits of Autumn Meadows Second Addition. No construction access
shall be permitted through the adjacent existing subdivisions.
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23. PARK DEDICATION, TRAILS AND SIDEWALKS. The Parks, Trails and Open
Space Plan and the Autumn Meadows preliminary plat review identified the need for a future
neighborhood park along the east side of Autumn Meadows and the west side of the adjacent
80 -acre parcel. Dedication of this park land shall be completed at the time Outlot C develops
into lots and blocks. The Developer of Autumn Meadows Second Addition will be responsible
for 100% of the costs associated with the interim grading and restoration of that portion of the
future park area, as shown on the final grading plan for this phase of the development.
Development of Autumn Meadows Second Addition includes the construction of public
concrete sidewalks. Concrete sidewalks will be constructed along one side of 178th Street,
Fielding Way, and both sides of Fieldcrest Avenue.
The City's Comprehensive Trail System Plan identifies eight -foot wide bituminous trails
along the north and south sides of 179 Street. The Developer will construct the 179 Street
trails between Fieldfare Way and Fieldcrest Avenue with this phase of the development. The
remaining segments of the 179 Street trails will be constructed with the extension of 179
Street to the east, when the adjacent 80 -acre parcel develops. Future phases of the Autumn
Meadows development will be required to provide a cash escrow for the future extension of the
179 Street trails to the east development limits.
Within Outlot A, the Developer will construct an eight -foot wide bituminous trail to
provide a connection to the development to the north ( Kenridge). The Developer will also
extend this trail within the 20 -foot wide trail easement (Easement Document No. 356776)
located within the Kenridge development. The City will reimburse the Developer of Autumn
Meadows Second Addition for 100% of the costs (as estimated by the Developer's engineer)
associated with constructing that portion of the trail through the Kenridge development.
The cost to construct the trails shall be apportioned accordingly:
• The Developer will pay 100% of the costs of grading and restoration and 5 /8 the cost of
Class 5 aggregate base and bituminous mix for the trail segments along 179 Street
between Fieldfare Way and the intersection with Fieldcrest Avenue.
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• The City will pay 3 /8 of the cost of Class 5 aggregate base and bituminous mix for the
trail segments along 179 Street between Fieldfare Way and the intersection with
Fieldcrest Avenue.
• The Developer will pay 100% of the costs of grading and restoration and 5 /8 the cost of
Class 5 aggregate base and bituminous mix for the trail segment within Outlot A,
Autumn Meadows Second Addition.
• The City will pay 3 /8 of the cost of Class 5 aggregate base and bituminous mix for the
trail segments within Outlot A, Autumn Meadows Second Addition.
• The City will pay 100% of the costs of restoration, Class 5 aggregate base and
bituminous mix for the trail segment between Outlot A and Firebird Path, within the
Kenridge development.
The Developer will receive a credit to the Park Dedication Fee for the City's 3 /8 share
of the trail construction costs along 179 Street, between Fieldfare Way and Fieldcrest Avenue.
The $18,551.56 credit is based on an estimate provided by the Developer's engineer and will be
applied to the Autumn Meadows Second Addition final plat cash fees.
The Developer will receive a credit to the Park Dedication Fee for the City's 3 /8 share
of the trail construction costs within Outlot A, as well as 100% of the costs associated with the
trail construction north of Outlot A, within the Kenridge development. The $4,223.75 credit is
based on an estimate provided by the Developer's engineer and will be applied to the Autumn
Meadows Second Addition final plat cash fees. This credit will be applied using the $1,001.41
escrow collected with the Kenridge Development (Escrow #8098) for the future construction of
this trail, as well as a $3,222,34 contribution from the City.
The Park Dedication Fee has not been collected on the parent parcel. The Developer
will ultimately satisfy the park dedication requirement for the entire Autumn Meadows
development through a combination of land dedication and a cash contribution. The Developer
will convey the land designated for park area (within Outlot C) to the City with future phases of
the Autumn Meadows development. The Park Dedication Fee for this phase will be collected as
a cash contribution at the time of final plat approval and is calculated as follows:
35 units X $3,532.00 /dwelling unit = $123,620.00
Single - Family Dwelling Units 2013 Park Dedication Fee Rate Total
The balance due the City for park dedication is calculated as follows:
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Park Dedication Fee $123,620.00
Less Credit for 179 Street Trail Extension (- )18,551.56
Less Credit for Outlot A & Kenridge Trail Extension ( -) 3,222.34
Less Credit from Escrow #8098 (Kenridge Development) ( -) 1,001.41
Balance $100,844.69
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A
cash fee for traffic control signs in the amount of $3,400.00 must be paid at the time of final plat
approval, which includes three street and stop signs, eighteen nine -button delineator signs and
four "Future Street Extension" signs. If the street posts are installed in front conditions, the
Developer must pay an additional $150.00 at each street post location.
A cash fee for one -year of streetlight operating expenses must also be paid at the time of
final plat approval, and is calculated as follows:
37 units x $7.80 /unit/qtr. x 4 qtrs. = $1,154.40
Dwelling Units Streetlight Operating Fee Total
25. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of
surface water management expenses must be paid at the time of final plat approval and is
calculated as follows:
37 units x $7.00 /unit/qtr. x 4 qtrs. = $1,036.00
Dwelling Units Surface Water Management Fee Total
26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or
lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the
plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or
property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may
become a public hazard due to bug infestation or weak bark. The minimum deciduous tree size
shall be two and one -half (2 inches caliper, balled and burlapped. Evergreen trees must be at
least eight feet (8') tall. The trees may not be planted in the right -of -way. The Developer or lot
purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on
every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days
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after a home has received a certificate of occupancy. Before a building permit is issued, a cash
escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the
landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory
completion of the landscaping the escrow funds, without interest, less any draw made by the
City, shall be returned to the person who deposited the funds with the City. All trees shall be
warranted to be alive, of good quality, and disease free for twelve (12) months after planting.
Any replacements shall be warranted for twelve (12) months from the time of planting. The
Developer or property owner is responsible for contacting the City when all the landscaping has
been installed to set up an inspection. Fifty percent (50 %) of the Security will be released when
all the landscaping has been installed and inspected by City staff and the remaining fifty percent
(50 %) will be released one year after the landscaping inspection and any warranty work has
been completed.
27. BUFFER YARD BERM /LANDSCAPE SCREEN. A buffer yard berm and
landscaping screen with a combined height of 10 feet must be provided on the lots adjacent to
179"' Street, as shown on the plans. A certified grading plan of the buffer yard berms must be
submitted and approved by City staff prior to the installation of any buffer yard plantings.
28. 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:
Outlot C 1 @$1,000 $1,000
Tree Preservation Security = $1,000
Prior to the issuance of building permits in this plat, 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. Prior to issuance of a building permit for homes on a lot
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with tree preservation, the builder shall post a $1,000.00 tree protection Security and provide an
individual lot tree preservation plan. The Developer shall submit an as -built tree preservation plan
following site grading, street and utility construction. After City staff has reviewed and approved
the as -built tree preservation plan the Security may be released.
29. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Implementation of the recommendations listed in the May 3, 2013, engineering report.
B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the
City by warranty deed, free and clear of any and all encumbrances.
C. The Autumn Meadows Second Addition development must comply with the following
building setback requirements:
Front Yard
30 feet
Rear Yard
30 feet
Buffer Yard
50 feet
Side Yards:
Interior 10 feet
Corner 20 feet
Buffer Yard 30 feet
D. The Developer must install a "Future Street Extension" sign and barricades at the east
end of 178 Street until the street is extended in the future.
E. The Developer must install a "Future Street Extension" sign and barricades at each
end of Fieldcrest Avenue and the east end of 179 Street until the street is extended
with future phases of the development.
F. The Developer is required to submit a Security of $62,591.00 as a stipulation of final
plat approval to guarantee installation of the approved buffer yard landscape plan.
The rear yards of Lots 9 through 16, Block 2 must be sodded to the edge of the trail to
be constructed on the north side of 179 Street. A $1,500.00 cash escrow must be
submitted with the building permit applications for these eight (8) lots to guarantee
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installation of the rear yard sod. This escrow will be in addition to the landscape /sod
escrow required for each of the eight (8) lots at the time of building permit.
G. Driveway access onto Fieldcrest Avenue will not be permitted for Lot 16, Block 2; Lot
11, Block 3 and Lots 1 and 5, Block 4.
H. 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 comer 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 a $4,100.00 Security
for the final placement of interior subdivision iron monuments at property corners. The
Security was calculated as follows: 41 lots /outlots at $100.00 per lot/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.
I. 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
$3,075.00.
J. 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 a Security for street light installation consistent with the approved
plan. The estimated amount of this Security is $14,800.00 and consists of two mast -
arm street lights at $1,400.00 and ten decorative street lights at $1,200.00 each.
K. 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
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with standard City specifications. The Developer shall also submit one complete set of
reproducible construction plans on Mylar.
30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with
the terms of this Contract, payment of real estate taxes including interest and penalties, payment
of special assessments, payment of the costs of all public improvements, and construction of all
public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or
alternate Security, in the form attached hereto, from a bank ( "Security ") for $1,778,838.76, plus a
cash fee of $43,682.78 for City engineering administration. The amount of the Security was
calculated as follows:
CONSTRUCTION COSTS:
Sanitary Sewer
Watermain
Storm Sewer
Street Construction
Erosion Control /Storm Water Basins and
Infiltration Basins /Grading Certification
CONSTRUCTION SUB -TOTAL
OTHER COSTS:
Developer's Design (6.0 %)
Developer's Construction Survey (2.5 %)
City Legal Expenses (0.5 %)
City Construction Observation (7.0 %)
Developer's Record Drawings (0.5 %)
Tree Preservation
Landscaping
Lot Corners
Street Lights
OTHER COSTS SUB -TOTAL
TOTAL PROJECT SECURITIES:
$ 146,611.50
233, 322.50
345,661.00
384,260.00
346,237.50
$ 1,456.092.50
$ 87, 365.55
36,401.31
7,280.46
101, 926.48
7,280.46
1,000.00
62,591.00
4,100.00
14.800.00
$ 322,746.26
$ 1 X78,838.76
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
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Security, on five (5) business days written notice to the Developer, for any violation of the terms of
this Contract or without notice 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 without notice. 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 (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.
31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the
cash requirements under this Contract which must be furnished to the City prior to the City
Council signing the final plat:
CASH REQUIREMENTS
Park Dedication Fee
Sanitary Sewer Availability Charge
Trunk Storm Sewer Area Charge
Street Signs
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
SUBTOTAL — CASH REQUIREMENTS
$123,620.00
11,359.00
122,441.23
3,400.00
1,154.40
1,036.00
3,075.00
43,682.78
$ 309,768.41
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18 LKVL: Autumn Meadows Second Addition
CREDITS TO THE CASH REQUIREMENTS
179 Street Trail Extension
Outlot A and Kenridge Trail Improvements
Escrow #8098 Collected with the Kenridge Development
Trunk Storm Sewer Credit for Outlot B
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS
TOTAL CASH REQUIREMENT
$ 278,193.10
32. 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 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 to 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.
33. 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 construction
observation 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.
$18,551.56
3,222.34
1,001.41
8,800.00
$ 31,575.31
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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.
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.
34. DEVELOPER'S DEFAULT. In the event of 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 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 five (5) calendar days 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
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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.
35. 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.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private
streets prior to issuance of any building permits, except three model homes on lots
acceptable to the Building Official. Approval of an administrative permit in compliance
with Chapter 27 of the City's zoning ordinance is required prior to the construction of
any model homes.
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
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permanent basis until the streets needed for access have been paved with a
bituminous surface and the 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 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 and /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.
I. The Developer and contractor shall acquire public liability and property damage
insurance covering personal injury, including death, and claims for property damage
which may arise out of the Developer's work or the work of their subcontractors or by
one directly or indirectly employed by any of them. The insurance must be maintained
until six (6) months after the City has accepted the public improvements. 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 and contractor shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate shall
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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
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 Building Official evidencing that the retaining wall was
constructed in accordance with the approved plans and specifications. All retaining
walls identified on the development plans and 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.
M. This Development Contract supersedes and replaces the Development Contract with
K. HOVNANIAN HOMES OF MINNESOTA, L.L.C.
N. The Autumn Meadows Second Addition is released from the Development Contract
for the Autumn Meadows Addition dated June 4, 2007, recorded in the office of the
Dakota County Registrar of Titles as document number 620023 on November 9,
2007.
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36. 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: 12701 Whitewater Drive, Suite 120, Minnetonka,
Minnesota 55343. 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.]
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CITY OF LAKEVILLE
BY:
Matt Little, Mayor
(SEAL)
AND:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2013, by Matt Little 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
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DEVELOPER:
K. HOVNANIAN HOMES OF MINNESOTA
AT AUTUMN MEADOWS, LLC
BY:
Its: hrctiee�r
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this � t day of
tAay 2013, by . leVP - Parka the
7yes;i F ak-C of K. Hovnanian Homes of Minnesota at Autumn
Meadows, LLC, a Minnesota limited liability company, on behalf of said company.
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
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I DOF --', A lm - 4 0 :� ' V 1
26 LKVL: Autumn Meadows Second Addition
(Reserved for Recording Data)
WARRANTY DEED
STATE DEED TAX DUE HEREON: $1.65
Dated:
FOR VALUABLE CONSIDERATION, K. HOVNANIAN HOMES OF MINNESOTA AT
AUTUMN MEADOWS, LLC, a Minnesota limited liability company, Grantor, hereby conveys
and warrants to the CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantee, real
property in Dakota County, Minnesota, described as follows:
Outlots A and B, Autumn Meadows Second Addition, according to the
recorded plat thereof,
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions:
A. Covenants, conditions, restrictions, declarations and easements of record, if any;
B. Reservations of minerals or mineral rights by the State of Minnesota, if any;
C. Building and zoning laws, ordinances, state and federal regulations.
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE
DESCRIBED REAL PROPERTY.
The consideration for this transfer was less than $500.00.
STATE OF MINNESOTA )
)ss.
COUNTY OF OpkV 'i-A
K. HOVNANIAN HOMES OF MINNESOTA
AT AUTUMN MEADOWS, LLC
BY: 4#
Its: PrcAP-�'
� The foregoing instrumerd Yvas acknowledged before me this day of
201 by the
1 of K. Hovnanian Homes of Minnesota at Autumn
Meadows, LLC, a Minnesota limited liability co any, on ehalf aid company.
LORI ANN ARMBORST '
Notary► PubNo Weeaft Notary Public
My COnrnNrbn E�phe�,Mn 91.9015
Check here if park or all of the land is Registered (Torrens)
Tax Statements for the real property
described in this instrument should be sent
to (Include name and address of Grantee):
City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651- 452 -5000
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