HomeMy WebLinkAboutItem 06.q
(Reserved for Dakota County Recording Information )
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING THE FINAL PLAT OF
CHOKECHERRY HILL 2ND ADDITION
WHEREAS, the owner of the plat described as Chokecherry Hill 2nd Addition has
requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and
the Parks, Recreation and Natural Resources Committee and approved by the City
Council; and
WHEREAS, the final plat is consistent with the approved preliminary plat; and
WHEREAS, the final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Chokecherry Hill 2nd Addition is hereby approved subject to
the development contract and security requirements.
2. The Mayor and City Clerk are hereby directed to sign the development
contract and final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 21st day of April 2014.
CITY OF LAKEVILLE
BY: _____________________
Matt Little, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 21st day of April 2014, as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
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1 Chokecherry Hill 2nd Addition
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CHOKECHERRY HILL 2ND ADDITION
CONTRACT dated ____________________, 2014, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“City”), and SHAMROCK DEVELOPMENT,
INC., a Minnesota corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for Chokecherry Hill 2nd 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 on Exhibit A
attached hereto and made a part hereof by reference.
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.
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,
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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 necessary insurance for
the Developer and its construction contractors has been received by the City. In addition, the City
will not issue a permit for more than one structure until the plat is filed with the office of the Dakota
County Recorder or Registrar of Titles.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary
plat, the City may refuse to approve final plats of subsequent phases if the Developer has
breached this 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 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 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 the City Engineer’s 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:
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/Infiltration Basins, and Erosion
Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Trails and Sidewalks
L. Retaining Walls
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
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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
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
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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, 2014, with the exception of the final wear course of asphalt on
streets. The final wear course on streets shall be installed between August 15th and October 15th
the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The
Developer may, however, request an extension of time from the City. If an extension is granted, it
shall be conditioned upon updating the security 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.
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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 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. 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 seven (7) model home permits on lots acceptable to the
Building Official), the Developer shall provide the City with an "as constructed" grading plan
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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 have been monitored and constructed to meet or exceed FHA/HUD
79G specifications. The soils observation and testing report, including referenced development
phases and lot descriptions, shall be submitted to the Building Official for review prior to the
issuance of building permits.
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
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.
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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 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 AREA CHARGE. Chokecherry Hill 2nd Addition is subject to a
storm sewer area charge of $156,434.24. The area charge is based on the gross area of the
plat less the area of street and outlots and is calculated as follows:
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Gross Area of Chokecherry Hill 2nd Addition 1,255,227 s.f.
Less Area of Outlot A (Public Stormwater Management Basin) (-) 88,030 s.f.
Less Area of Outlot B (Public Stormwater Management Basin) (-) 96,416 s.f.
Less Area of Outlot C (Future Development) (-) 20,488 s.f.
Less Area of Outlot D (Future Dodd Blvd. Right-of Way) (-) 2,014 s.f.
Less Area of Outlot E (Future Dodd Blvd. Right-of Way) (-) 7,209 s.f.
Less Area of Outlot F (Future Dodd Blvd. Right-of Way) (-) 7,841 s.f
Total = 1,033,229 s.f.
1,033,229 s.f. x $0.167/s.f. = $172,549.24
Net Area of Chokecherry Hill 2nd Addition Area Charge Total
The Developer will receive a credit to the Storm Sewer Area Charge for deeding Outlots
A and B (excluding land designated as Greenway Trail Corridor) to the City, consistent with City
policy. The credit is based on the areas of Outlots A and B, and is calculated at the rate of
$5,500.00 per acre, and will be applied to the Chokecherry Hill 2nd Addition final plat cash fees.
The credit is calculated as follows:
2.93 acres x $ 5,500/acre = $16,115.00
Total Area of Outlots A and B
(excluding land designated as
Greenway Trail Corridor)
Per Acre Credit
Total
The balance due the City for the Trunk Storm Sewer Area Charge is calculated as
follows:
Trunk Storm Sewer Area Charge for Chokecherry 2nd Addition $ 172,549.24
Credit for Greenway Corridor Trail within Outlots A and B (-) $ 16,115.00
Balance $ 156,434.24
The Developer must pay the $156,434.24 storm sewer area charge in cash before the City signs
the final plat.
20. SANITARY SEWER AVAILABILITY CHARGE. Chokecherry Hill 2nd Addition is
subject to a sanitary sewer availability charge of $21,490.00. The Charge for Chokecherry Hill 2nd
Addition is based on the number of dwelling units within the plat and is calculated as follows:
70 units x $307.00/dwelling unit = $ 21,490.00
Single family dwelling units Sanitary Sewer Availability charge Total
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The Developer must pay the $21,490.00 sanitary sewer availability charge in cash before the
City signs the final plat.
21. WATERMAIN. Eight inch (8”) watermain and services were extended through the
Chokecherry Hill Addition along Huxley Avenue. Chokecherry Hill 2nd Addition will require
extension of this watermain from the west plat boundary of Chokecherry Hill Addition to an
existing watermain connection located on the west side of Dodd Boulevard, as well as to a future
watermain connection to be located on the south side of 190th Street, in order to create a looped
watermain system. The watermain connection along Dodd Boulevard will require a permit from
Dakota County. Coordination will be required between the Developer and Dakota County on
requirements allowing for the installation of the watermain across Dodd Boulevard.
22. FUTURE UPGRADE OF DODD BOULEVARD. A cash fee for the future
upgrade of Dodd Boulevard will be collected with the final plat for the length of the plat
being final platted into lots and blocks adjacent to Dodd Boulevard. The fee is
calculated as follows:
1,197.94 f.f. x $72.00/ f.f. = $86,251.68
Front Footage Along Dodd Boulevard Dodd Boulevard Assessment Rate Total
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading,
public utility construction, and public street construction shall be from Dodd Boulevard via Huxley
Avenue. The Developer shall be required to apply for any permits that may be required from
Dakota County for construction access from Dodd Boulevard.
24. PARK DEDICATION, TRAILS AND SIDEWALKS. The City’s Parks, Trails and
Open Space Plan designates a Greenway Corridor to be placed on the east side as well as the
northeast corner of the plat for connection to a future park area anticipated to be located south
of King Park. The Park Dedication requirement has not been collected on the parent parcels,
and must be satisfied through the dedication of land, a cash contribution or a combination of
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both, that will be paid with the final plat. Plans submitted by Developer illustrate the dedication
of Outlots A and B to the City to partially accommodate the extension of a future Greenway
Corridor through the plat.
The land dedication requirement for subdivisions with a gross density less than 3.0
lots/acre is 12%. The land dedication and cash contribution requirements are estimated as
follows:
Gross Area of Chokecherry Hill 2nd
Less Area of Outlot C
Less Area of Outlot D
Less Area of Outlot E
28.82
(-) 0.47
(-) 0.05
(-)0.17
Acres
Acres
Acres
Acres
Less Area of Outlot F (-) 0.18 Acres
Total Buildable Area 27.95 Acres
Land Dedication Requirement (12%) 3.35 Acres
The Developer shall receive park dedication credit for the Greenway Corridor not used
for stormwater management within Outlots A and B (0.28 acres + 1.02 acres = 1.3 acres). This
satisfies 38.8% of the required 3.35 acres for park dedication. The remaining 61.2% of the park
dedication requirement for Chokecherry Hill 2nd Addition will be satisfied through a cash
contribution. The fee shall be applied to lots based on the following calculation:
70 units x 61.2% = 42.84
Total Single Family Dwelling
Units in Final Plat
Remaining portion of Park
Dedication Not Satisfied
Through Land Dedication
Total # of units
Subject to Park Dedication Fee
The Park Dedication Fee for the Chokecherry Hill 2nd Addition final plat is calculated as
follows:
42.84 units x $3,462.00/dwelling unit = $148,312.08
Single Family Dwelling Units 2014 Park Dedication Fee Rate Total
Chokecherry Hill 2nd Addition includes the construction of public concrete sidewalks. A
five (5’) foot concrete sidewalk will be constructed along the south side of Huxley Avenue, on
the west side of Iden Avenue, and on the outer loop of Iden Way, all as shown on the final plat
plans.
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Chokecherry Hill 2nd Addition includes the construction of a bituminous trail. A
bituminous trail shall be constructed by the Developer along the east side of the plat within
Outlots A and B for the Greenway Corridor Trail connection to a future park area anticipated to
be located south of King Park, consistent with the City’s Parks, Trails and Open Space Plan.
The Developer is eligible for a credit to the Park Dedication Fee for the City’s 3/8th portion of the
trail costs (excluding grading and restoration), consistent with the Subdivision Ordinance. The
credit for Outlots A and B trail improvements is calculated as follows:
$55,620.00 x 3/8th = $20,857.50
Total Estimated Cost
Greenway Corridor Trail Construction
Within Outlots A and B
City’s 3/8th Portion
Total
The credit of $20,857.50 shall be applied to the Chokecherry Hill 2nd Addition final plat
cash fees.
The City’s Parks, Trails and Open Space Plan illustrates a future ten (10’) foot wide
bituminous trail on the east side of Dodd Boulevard at the time this roadway is reconstructed to
a four lane divided roadway. The Developer shall pay a cash escrow for the Developer’s 5/8th
portion of the trail construction costs for the Dodd Boulevard trail, consistent with City policy.
The escrow will be based on an estimate provided by the Developer’s engineer, and will be
applied to the Chokecherry 2nd Addition final plat cash fees. This cash fee is calculated as
follows:
$30,699.00 x 5/8th = $19,186.88
Total Estimated Cost
For Trail Construction
Along Dodd Blvd.
Developer’s Trail
Cost Portion
Total
Also, as part of the Chokecherry Hill 2nd Addition final plat, a bituminous trail will be
constructed along the north side of 190th Street, between Dodd Boulevard (CSAH 9) and
Holyoke Avenue. The Developer is eligible for a credit to the Park Dedication Fee for the City’s
3/8th portion of the trail costs (excluding grading and restoration), consisted with the Subdivision
Ordinance. The credit shall be applied to the final plat cash fees:
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$18,873.00 x 3/8th = $ 7,077.38
Total Estimated Cost
For Trail Construction
Along 190th Street.
City’sTrail
Cost Portion
Total
The balance due the City for park dedication and trail improvements is calculated as
follows:
Park Dedication Fee for Chokecherry 2nd Addition $ 148,312.08
Credit for Greenway Corridor Trail within Outlots A and B (-) $ 20,857.50
Cash Escrow for Dodd Boulevard Trail north of 190th Street $ 19,186.88
Credit for Trail on north side of 190th Street (-) $ 7,077.38
Balance $ 139,564.08
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
cash fee for traffic control signs is $2,900.00, which includes: five street/stop combination signs,
two speed limit signs, nine 9-button delineator signs, and one future thru street sign. If the street
posts are installed in frost conditions, the Developer will pay an additional $150.00 at each
street post location. A cash fee for one-year of streetlight operating expenses in the amount of
$2,279.20 will also be paid with the final plat and is calculated as follows:
70 units x $8.14/unit/qtr. x 4 qtrs. = $2,279.20
Dwelling Units Streetlight Operating Fee Total
26. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one year of
surface water management expenses must be paid with the final plat and is calculated as
follows:
70 units x $7.00/unit/qtr. x 4 qtrs. = $1,960.00
Dwelling Units Surface Water Management Fee Total
27. 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 (2½) inches caliper, balled and burlapped. Evergreen trees must be
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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
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.
28. BUFFER YARD BERM/LANDSCAPE SCREEN. City zoning and subdivision
ordinances require the installation of a buffer yard berm/landscape screen for the ten (10) lots
abutting Dodd Boulevard and the three (3) lots abutting 190th Street, with a screening height
minimum of ten (10’) feet. Before the City signs the final plat, the Developer shall revise the
landscape plan such that the plantings for all buffer yard lots are in staggered rows as required by
Section 11-21-9.E.6.b of the Zoning Ordinance and the Developer shall post a security of
$33,750.00 to guarantee the installation of the buffer yard berm/landscape screen in accordance
with the approved landscape plan. In addition, a cash escrow of $1,000.00/lot must be submitted
with the building permit application for the 13 lots abutting Dodd Boulevard and 190th Street to
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guarantee the installation of sod between the rear/side yards of these houses and the trail/buffer
yard lot line.
29. WETLAND MITIGATION. Before the City signs the final plat, the Developer shall
post a $55.865.70 (1.35 acres of potential wetland x $41,382.00/acre) security for wetland
mitigation. This security may be in the form of a letter of credit separate from the primary
development security or in the form of a non-interest bearing cash escrow with the City. If the
mitigation area is found to be unsuccessful after the mandatory five-year warranty period, the City
may elect to keep the security to be used for this mitigation project or for wetland
mitigation/restoration elsewhere within the City. In addition, the City may draw down the security
at any time during the warranty period if the Developer fails to take corrective measures as
directed by the City to perform the work recommended. The security may be released or reduced
after the site has been reviewed for potential wetlands and the requirements of the Wetland
Conservation Act have been met.
30. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Implementation of the recommendations listed in the March 13, 2014 engineering
report.
B. The Developer shall provide a cash escrow in the amount of $22,591.00 as
security to ensure burial of the existing overhead utility lines located along the east
side of Dodd Boulevard.
C. 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.
D. Developer shall rough grade for the future construction of a ten (10’) foot wide
bituminous Greenway Corridor Trail within Outlots A and B.
E. 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
16 Chokecherry Hill 2nd Addition
175393v2
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 $7,600.00 security for the final placement of interior subdivision iron monuments
at property corners. The security was calculated as follows: 76 lots/outlots at
$100.00 per lot/outlots. The security will be held by the City until the Developer's
land surveyor certifies that all irons have been set following site grading, 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.
F. 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 for a total charge
of $5,700.00.
G. 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 $13,600.00 and consists
of two (2) mast-arm street lights at $1,400.00 each and nine (9) post-top street
lights at $1,200.00 each.
H. 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.
I. Drain tile construction is required in areas of non-granular soils within
Chokecherry Hill 2nd Addition for the street sub-cuts and lots. Any additional
drain tile construction, including perimeter drain tile required for building footings,
17 Chokecherry Hill 2nd Addition
175393v2
which is deemed necessary during construction, shall be the Developer’s
responsibility to install and finance.
J. The following single family building setbacks are required for Chokecherry Hill 2nd
Addition (Section 11-57-15.A of the Zoning Ordinance):
Front Side
(Interior)
Side
(Corner)
Side
(Buffer)
Rear Rear
(Buffer)
20 feet (house)
25 feet (garage)
7 feet 20 feet 30 feet 30 feet 50 feet
31. 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 $1,900,090.61, plus a
cash fee of $45,494.01 for City engineering administration. If an alternate security is furnished, the
Developer shall also furnish a letter of credit for twenty-five percent (25%) of the alternate security
amount to cover any contract increases. The amount of the security was calculated as follows:
CONSTRUCTION COSTS
Sanitary Sewer $ 254,435.22
Watermain 293,431.10
Storm Sewer 382,572.74
Street Construction 556,531.99
Erosion Control, Restoration and Grading Certification 29,495.84
SUBTOTAL - CONSTRUCTION COSTS $ 1,516,466.89
OTHER COSTS
Developer’s Design (6.0%) $ 90,988.01
Developer’s Construction Survey (2.5%) 37,911.67
City’s Legal Expense (0.5%) 7,582.33
City Construction Observation (7.0%) 106,152.68
Developer’s Record Drawing (0.5%) 7,582.33
Bury Overhead Lines 22,591.00
Wetland Mitigation 55,865.70
Landscaping 33,750.00
Street Lights 13,600.00
Lot Corners/Iron Monuments 7,600.00
SUBTOTAL - OTHER COSTS $ 383,623.72
TOTAL PROJECT SECURITY $ 1,900,090.61
18 Chokecherry Hill 2nd Addition
175393v2
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, 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.
32. 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
Future Upgrade of Dodd Boulevard 86,251.68
Park Dedication Fee 148,312.08
Future Trail along Dodd Boulevard 19,186.88
Trunk Storm Sewer Area Charge 172,549.24
Sanitary Sewer Availability Charge 21,490.00
Traffic Control Signs 2,900.00
Streetlight Operating Fee 2,279.20
Surface Water Management Fee 1,960.00
City Base Map Updating Fee 5,700.00
City Engineering Administration (3.0%) 45,494.01
SUBTOTAL - CASH REQUIREMENTS $ 506,123.09
19 Chokecherry Hill 2nd Addition
175393v2
CREDITS TO THE CASH REQUIREMENTS
Greenway Corridor Trail within Outlots A and B $ 20,857.50
Trail along north side of 190th Street 7,077.38
Outlots A and B (deeded to the City) 16,115.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS 44,049.88
TOTAL CASH REQUIREMENTS $ 462,073.21
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 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.
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 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.
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
20 Chokecherry Hill 2nd Addition
175393v2
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.
35. 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 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.
21 Chokecherry Hill 2nd Addition
175393v2
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.
E. 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 permanent basis until the streets needed for access have been paved with a
bituminous surface and the utilities are accepted by the City Engineer.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
22 Chokecherry Hill 2nd Addition
175393v2
Council. The City's failure to promptly take legal action to enforce this Contract
shall not be a waiver or release.
G. 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.
H. 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 provide that the City must be given ten
(10) days advance written notice of the cancellation of the insurance. The
Developer must provide a Certificate of Insurance which meets the following
requirements:
1. The Description section of the Accord form needs to read “City of Lakeville
is named as Additional Insured with respect to the General Liability and
23 Chokecherry Hill 2nd Addition
175393v2
Auto Liability policies on a Primary and Non-Contributory Basis.” Each
policy shall provide 30 days’ notice of cancellation to City of Lakeville.
2. Certificate Holder must be City of Lakeville.
3. Provide copy of policy endorsement showing City of Lakeville named as
Additional Insured on a Primary and Non-Contributory Basis.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed
expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
J. The Developer may not assign this 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.
K. Retaining walls that require a building permit shall be constructed in accordance
with plans and specifications prepared by a structural or geotechnical engineer
licensed by the State of Minnesota. Following construction, a certification signed by
the design engineer shall be filed with the 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.
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: 3200 Main Street NW, Suite 300, Coon Rapids, Minnesota
24 Chokecherry Hill 2nd Addition
175393v2
55448. 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.]
25 Chokecherry Hill 2nd Addition
175393v2
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
______________, 2014, 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
2
3
4
5
6
±
Inca Ave
Chokecherr y Hill
2nd Addition
Final Plat
190th St W
D o d d B l v d (C S A H 9 )
185th St W
EXHIBIT A
Chokecherr y Hill
2nd Addition
Final Plat
City of Lakeville
Aerial Map
RST-2
RS-2
PUD
RS-3
RS-3
RM-1 RS-3
RST-2
P/OS
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RS-3
PUD
±
City of LakevilleLocation and Zoning MapChokecherry Hill 2ndAddition Final Plat
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CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 2
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 3
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 4
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 5
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 6
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 7
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 8
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 9
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 10
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 11
CHOKECHERRY HILL 2ND ADDITION – FINAL PLAT REPORT
M ARCH 13, 2014
PAGE 12