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HomeMy WebLinkAboutItem 06.o (Reserved for Dakota County Recording Information ) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING THE FINAL PLAT OF SPIRIT OF BRANDTJEN FARM 14TH ADDITION WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 14th Addition has requested final plat approval; and WHEREAS, the preliminary plat plans were reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; 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 Spirit of Brandtjen Farm 14th Addition is hereby approved subject to the development contract and planned unit development agreement, the security requirements, and the terms and conditions of the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement dated October 17, 2005 . 2. The Mayor and City Clerk are hereby directed to sign the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED 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) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO: RESOLUTION DESIGNATING “NO PARKING” AREAS ON EQUESTRIAN TRAIL AND ENVOY WAY WHEREAS, the City Council for the City of Lakeville is authorized in accordance with City Code to designate parking zones within the city, and WHEREAS, the sections of Equestrian Trail and Envoy Way in Spirit of Brandtjen Farm 14th Addition will be constructed to allow a single traffic lane in each direction with parking on one side only consistent with the approved street sections in the Spirit of Brandtjen Farm planned unit development, and WHEREAS, establishing “No Parking” areas on Equestrian Trail and Envoy Way will discourage potential on street parking, maintain sufficient access to the traffic lanes, provide increased sight lines for drivers, and reduce the interaction between vehicles and pedestrians. NOW, THEREFORE, BE IT RESOLVED, that the east side of Equestrian Trail and the north and west sides of Envoy Way shall be designated “No Parking” anytime. DATED this 21st day of April 2014. CITY OF LAKEVILLE By: ________________________________ Matt Little, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk Spirit of Brandtjen Farm 14th Add. 175722v2 1 (reserved for recording information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) SPIRIT OF BRANDTJEN FARM 14TH ADDITION AGREEMENT dated ____________________, 2014, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and SBF DEVELOPMENT CORP., a Minnesota corporation (the “Developer”). 1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and planned unit development for SPIRIT OF BRANDTJEN FARM 14TH ADDITION (referred to in this Contract as the "plat"). The land is situated in the City of Lakeville, County of Dakota, State of Minnesota, and is legally described as follows: Outlot C, SPIRIT OF BRANDTJEN FARM 12TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. The Spirit of Brandtjen Farm 14th Addition site is zoned PUD, Planned Unit Development, and is subject to the provisions of Ordinance Number 787 approved by the Lakeville City Council on June 20, 2005, as well as the requirements listed in the Spirit of Brandtjen Farm Planned Unit Development Plan Booklet dated June 20, 2005 (“SBF PUD Booklet”). Spirit of Brandtjen Farm 14th Add. 175722v2 2 2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City hereby approves the plat and planned unit development on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Without the written permission of the City, 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, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges, sanitary sewer charges, and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For fifteen (15) years from the date of the SBF PUD Stage Plan Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in Spirit of Brandtjen Farm 14th Add. 175722v2 3 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. 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 and B, the plans may be prepared, subject to the City Engineer’s approval 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 - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - 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. Public Sidewalks The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer Spirit of Brandtjen Farm 14th Add. 175722v2 4 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 his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to:  Minnesota Department of Health for Watermains  NPDES Permit for Stormwater Connections  MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal Spirit of Brandtjen Farm 14th Add. 175722v2 5  DNR for Dewatering  City of Lakeville for Building Permits  MCES for Sanitary Sewer Connections  City of Lakeville for Retaining Walls  NPDES General Stormwater Permit for construction activity  State and Federal (Army Corps of Engineers) permits for impact to wetlands 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. 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 excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except Spirit of Brandtjen Farm 14th Add. 175722v2 6 as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit or other posted 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. 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 two 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 basins, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations and 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. Spirit of Brandtjen Farm 14th Add. 175722v2 7 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 cont rol 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 his engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, or three and one-quarter percent (3¼%) if using an alternate security/disbursement agreement of the estimated construction cost, assuming normal construction and project scheduling. The Spirit of Brandtjen Farm 14th Add. 175722v2 8 Developer shall pay for construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7%) of the estimated construction cost. 19. STORM SEWER. Development of Spirit of Brandtjen Farm 14th 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 basin in Outlot B, Spirit of Brandtjen Farm 12th Addition and the temporary sedimentation basin in Outlot B, Spirit of Brandtjen Farm 14th Addition. The trunk storm sewer area charge for Spirit of Brandtjen Farm 14th Addition has not been collected on the parent parcel and must be paid at the time of final plat approval. The trunk storm sewer area charge is calculated as follows: Gross Area of Spirit of Brandtjen Farm 14th Addition 630,313 s.f. Less Area of Outlot B (Future Residential Development) (-) 283,876 s.f. Total = 346,437 s.f. 346,437 s.f. x $0.167/s.f. = $57,854.98 Net Area of Spirit of Brandtjen Area Charge Farm 14th Addition Trunk Storm Sewer Area Charge has not been collected on Outlot B, Spirit of Brandtjen Farm 14th Addition and shall be paid at the time the outlot develops. Final locations and sizes of all storm sewer facilities must be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. Development of Spirit of Brandtjen Farm 14th Addition includes public sanitary sewer construction. The sanitary sewer availability charge has not been collected on the parent parcels and must be paid at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows: 23 Lots x $307.00 = $7,061.00 Spirit of Brandtjen Farm 14th Add. 175722v2 9 21. WATERMAIN. Development of Spirit of Brandtjen Farm 14th Addition includes public watermain construction. Eight inch and twelve inch watermain will be extended within the subdivision from existing watermain stubs located on Envoy Way and Equestrian Trail to provide service to the lots within Spirit of Brandtjen Farm 14th Addition. The Developer will be credited the oversizing cost between the 8- inch and 12-inch watermain. The credit due the Developer for the 12-inch trunk watermain is $13,356.00 based upon the cost estimate provided by the Developer on April 4, 2014. The Lateral Watermain Access Charge for the watermain along Pilot Knob Road has not been collected on the parent parcel and will be paid at the time of final plat approval. The charge is calculated as follows: 505.30 x $38.40 = $19,403.52 Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook-ups for buildings within Spirit of Brandtjen Farm 14th 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 street construction is restricted to Envoy Way and Equestrian Trail from Pilot Knob Road. 23. PARK DEDICATION, TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen Farm 14th Addition includes the construction of a five foot wide concrete sidewalk along both sides of Equestrian Trail and Envoy Way. The City’s Parks, Trails and Open Space Plan does not designate any area within Spirit of Brandtjen Farm 14th Addition as future park land. The park dedication requirement has not been collected on the parent parcel and shall be satisfied through a cash contribution that must be paid at the time of final plat approval, less any outstanding credits from previous Spirit of Brandtjen Farm additions. The park dedication fee, as described in the approved Spirit of Brandtjen Farm Planned Unit Development, is calculated as follows: Spirit of Brandtjen Farm 14th Add. 175722v2 10 23 units x $2,250.00 = $51,750.00 The Developer has a park dedication credit of $82,107.22 carried over from Spirit of Brandtjen Farm 12th Addition. Applying this credit to the park dedication requirement for the Spirit of Brandtjen Farm 14th Addition results in no cash requirements and a credit balance of $30,357.22 to be applied to future phases of the Spirit of Brandtjen Farm development. Spirit of Brandtjen Farm Park Dedication Credit $82,107.22 Park Dedication fee for Spirit of Brandtjen Farm 14th Addition $51,750.00 Credit Balance = $30,357.22 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs is $825.00 which includes one street/stop combination sign, one stop sign, and one speed limit sign. If the street posts are installed in frost conditions, the Developer will pay an additional $150.00 at each street post location. The street light security totals $6,000.00 which includes five post-top street lights at $1,200.00 each. A cash fee for one-year of streetlight operating expenses must be paid at the time of final plat approval and is calculated as follows: 23 units x $8.14/unit/qtr. x 4 qtrs. = $748.88 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: 23 units x $7.00/unit/qtr. x 4 qtrs. = $644.00 26. RECORD DRAWINGS. A cash fee for the preparation of record construction drawings and for upgrading the City base map must be paid with the final plat and is calculated as follows: 25 lots x $75.00/unit = $1,875.00 Spirit of Brandtjen Farm 14th Add. 175722v2 11 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 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. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 8, 2014, Engineering report. B. The lots in Spirit of Brandtjen Farm 14th Addition must meet the setback and design standards established by the approved SBF PUD Booklet dated June 20, 2005. The lots within Spirit of Spirit of Brandtjen Farm 14th Add. 175722v2 12 Brandtjen Farm 14th Addition will be subject to the cottage lot standards as set forth in Section 7 of the SBF PUD Booklet. C. Documents including the lots and open space within Spirit of Brandtjen Farm 14th Addition as part of the SBF Master Homeowners Association are required to provide for long-term ownership and maintenance. These documents are subject to review and approval of the City Attorney. D. The Developer must construct a trail through Outlot A between Equestrian Trail and East Community Park and must dedicate a public trail easement over all of Outlot A, to be owned and maintained by the Homeowner’s Association. 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 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 $2,500.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 25 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. F. 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. 29. 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, Spirit of Brandtjen Farm 14th Add. 175722v2 13 in the form attached hereto, from a bank ("security") for $462,713.34, plus a cash fee of $11,696.48 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 96,220.30 B. Watermain 97,172.00 C. Storm Sewer 37,059.00 D. Street Construction 159,431.40 CONSTRUCTION SUB-TOTAL $ 389,882.70 OTHER COSTS: A. Developer’s Design (6.0%) $ 23,392.96 B. Developer’s Construction Survey (2.5%) 9,747.07 C. City Legal Expenses (0.5%) 1,949.41 D. City Construction Observation (7.0%) 27,291.79 E. Developer’s Record Drawings (0.5%) 1,949.41 F. Street Lights 6,000.00 G. Lot Corners/Iron Monuments 2,500.00 OTHER COSTS SUB-TOTAL $ 72,830.64 TOTAL SECURITIES: $ 462,713.34 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 Spirit of Brandtjen Farm 14th Add. 175722v2 14 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. 30. 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: A. Lateral Watermain Access Charge $ 19,403.52 B. Sanitary Sewer Availability Charge 7,061.00 C. Park Dedication Requirement 51,750.00 D. Trunk Storm Sewer Area Charge 57,854.98 E. Traffic Control Signs 825.00 F. Street Light Operating Fee 748.88 G. Surface Water Management Utility Fee 644.00 H. City Base Map Updating 1,875.00 I. City Engineering Administration 11,696.48 (3% for letters of credit or 3.25% for alternate disbursement) TOTAL CASH REQUIREMENTS $ 151,858.86 CREDITS TO CASH REQUIREMENTS: Trunk Watermain Credit 13,356.00 Park Dedication Credit 51,750.00 SUBTOTAL - CREDITS TO CASH REQUIREMENTS $ 65,106.00 TOTAL CASH REQUIREMENTS $ 86,752.86 31. 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 Spirit of Brandtjen Farm 14th Add. 175722v2 15 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 De veloper until the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. 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 Spirit of Brandtjen Farm 14th Add. 175722v2 16 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. 33. 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. 34. 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 o f 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 two model homes on lots acceptable to the Spirit of Brandtjen Farm 14th Add. 175722v2 17 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 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. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on Spirit of Brandtjen Farm 14th Add. 175722v2 18 the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. 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 City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 35. 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: 16972 Brandtjen Farm Drive, Lakeville, Minnesota 55044. 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. Spirit of Brandtjen Farm 14th Add. 175722v2 19 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 ± Spirit of Brandtjen Farm 14th Addition Final Plat EXHIBIT A Spirit of Brandtjen Farm 14th Addition Final Plat City of Lakeville Aerial Map P i l o t K n o b R o a d ( C S A H 3 1 ) E n v o y W a y E q u e s t r i a n T r a i l 165th Street zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz STORM SEWER STRUCTURE SCHEDULE