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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
FELDMAN HEIGHTS
CONTRACT dated ____________________, 2015, by and between the CITY OF LAKEVILLE, a
Minnesota municipal corporation (“City”), and JAFCO LLC, a Minnesota limited liability company (the
“Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for FELDMAN HEIGHTS (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 hereby
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
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all
the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and
filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the necessary
insurance for the Developer and its construction contractors has been received by the City. In addition, the
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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 dedication 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.
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
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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. Sidewalks and Trails
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 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
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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 505.021, 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 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
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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, 2015, 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, was
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
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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
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/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
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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.
An as-built grading plan and restoration for any grading or construction within or impacts to the City
owned Outlot A, Chokecherry Hill 2nd Addition is required prior to release of the security for grading and
erosion control.
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.
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
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.
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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. Development of Feldman Heights 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 management basin
located within Outlot A, Feldman Heights.
The Trunk Storm Sewer Area Charge 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 Feldman Heights 436,471.20 s.f.
Less Area of Outlot A (Stormwater Management Basin
and Greenway Corridor)
(-) 24,393.60 s.f.
Less Area of Dodd Boulevard Right-of-Way (-) 32,234.40 s.f.
Total = 379,843.20 s.f.
379,843.20 s.f. x $0.178/s.f. = $67,612.09
Net Area of Feldman Heights 2015 Area Charge Total
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot A to
the City (minus the area of park dedication), consistent with City policy. The credit is based on the area
of the outlot and is calculated at the rate of $5,550.00 per acre, and will be applied to the Feldman
Heights final plat cash fees. The credit is calculated as follows:
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0.49 acres x $5,500/acre = $2,695.00
Total Area of Outlot A Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction
plans.
20. SANITARY SEWER AVAILABILITY CHARGE. Development of Feldman Heights includes
the extension of public sanitary sewer. Eight inch sanitary sewer shall be extended within the subdivision
from an existing stub along Iden Avenue to provide sanitary sewer service to the development.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be
paid at the time of final plat approval. The fee will be based on the current rate in effect at the time of final
plat, and is calculated as follows:
25 units x $327.00 = $8,175.00
Total Dwelling Units
In Feldman Heights
2015 Sanitary Sewer Availability Charge
Per Unit
Total Sanitary Sewer
Availability Charge required
With Feldman Heights
21. WATERMAIN. Development of Feldman Heights includes the extension of public
watermain. Eight inch watermain will be extended within the subdivision from an existing stub along Iden
Avenue to provide water service to the subdivision. The City’s Comprehensive Water Plan does not identify
any trunk watermain improvements within the proposed plat.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff
with the final construction plans.
22. FUTURE UPGRADE OF DODD BOULEVARD. The City’s and Dakota County’s current
Capital Improvement Plan (CIP) has scheduled the reconstruction of Dodd Boulevard to a four lane divided
urban roadway in 2016. A cash fee for the future upgrade of Dodd Boulevard has not been collected on the
parent parcel and must be paid at the time of final plat approval. The fee will be based on the current rate
at the time of final plat, and is calculated as follows:
357.47 Feet x $107.00/Front Foot = $38,249.29
Front Footage along Feldman Heights 2015 Future Upgrade Fee Rate Total
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23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to the existing driveway to the homestead on
the property. The Developer must coordinate access with Dakota County.
24. PARKS, TRAILS AND SIDEWALKS. The Park Dedication requirement has not been
collected on the parent parcel and will be satisfied through a combination of land dedication and cash
contribution that must be paid at the time of final plat approval based on the Park Dedication Fee rate in
effect at the time of final plat.
The land dedication and cash contribution requirements are estimated as follows:
Total Area of Feldman Heights Final Plat
Less Area of Dodd Boulevard Right-of-Way
10.02
(-) 0.74
Acres
Acres
Total Buildable Area 9.28 Acres
Land Dedication Requirement (12%) 1.11 Acres
The Developer shall receive credit for the Greenway Corridor not used for stormwater management
within Outlot A (0.07 acres). This satisfies 6.3% of the required 1.11 acres for park dedication. As a result,
Park Dedication Fee is satisfied for 1.6 lots (6.3% x 25 lots). The remaining balance of Park Dedication Fee
will be collected as a cash contribution on the remaining 23.4 lots (25 lots -1.6 lots), and will be based on
the rate in effect at the time of final plat, and is calculated follows:
23.4 lots x $3,781.00/dwelling unit = $88,475.40
Single-Family Dwelling Units Park Dedication Fee Rate Total
Development of Feldman Heights includes the construction of a public trail and sidewalks. A five
foot wide concrete sidewalk, with pedestrian curb ramps, shall be installed along the west side of Iden
Avenue. A bituminous trail shall be extended from the existing trail in Outlot A, Chokecherry Hill 2nd
Addition to 187th Street. The Developer is responsible for 100% of grading and restoration for the
bituminous trail. A credit for the City’s 3/8th portion of the trail construction cost (excluding grading and
restoration) will be applied to the final plat cash fees, and is calculated as follows:
$7,020.00 x 3/8 = $2,632.50
Total Estimated Cost
for Trail Construction
City’s Trail
Cost Portion
Total
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The City’s Parks, Trails and Open Space Plan identifies a bituminous trail along the east side of
Dodd Boulevard adjacent to Feldman Heights. The Developer must submit a cash escrow for 5/8’s of the
future trail construction cost. The cash escrow, based on an estimate provided by the Developer’s
engineer, shall be paid at the time of final plat approval and is calculated as follows:
$5,940.00 x 5/8 = $3,712.50
Future Trail Construction Cost
(excluding grading and
restoration)
Developer’s Cost Share Total
The trail will be constructed at the time Dodd Boulevard is reconstructed in 2016.
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the amount of $1,225.00 must be paid at the time of final plat approval, which
consists of two stop signs with street blades at $375.00 each, four 9-button delineator signs at $100.00
each and one future thru street sign at $75.00. If the street sign posts are installed during frost conditions,
the Developer must pay an additional $150.00 for each street sign post location. A cash fee for one-year of
streetlight operating expenses must be also be paid at the time of final plat approval and is calculated as
follows:
25 units x $8.14/unit/qtr. x 4 qtrs. = $814.00
Dwelling Units Streetlight Operating Fee Total
26. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one-year of surface
water management expenses shall be paid at the time of final plat approval and is calculated as follows:
25 units x $7.00/unit/qtr. x 4 qtrs. = $700.00
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 at least eight feet (8’) tall. The trees may not be
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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 LANDSCAPING. Dodd Boulevard (CSAH 9) is classified as a high density
minor arterial roadway in the City’s Comprehensive Transportation Plan. A buffer yard containing a
combination of earth berms and/or plantings of a sufficient density to provide a visual screen and a
reasonable buffer a minimum of ten feet in height must be provided adjacent to Dodd Boulevard. A
certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to
the installation of any buffer yard plantings.
Two lots abutting Dodd Boulevard (CSAH 9) require increased buffer yard lot depth and setbacks in
the Feldman Heights final plat. The landscape plan includes the installation of 32 trees (5 deciduous trees
and 27 coniferous trees) along the Dodd Boulevard buffer yard area. A $29,500.00 security must be
posted at the time of final plat approval to guarantee installation of the landscaping. In addition, a
$1,000.00 per lot escrow is required with each building permit for the two lots abutting Dodd Boulevard for
the installation of sod in the rear yards to the right-of-way line.
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29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the February 18, 2015, Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlot A, Feldman Heights to the
City by warranty deed, free and clear of any and all encumbrances.
C. The Developer must apply for an after-the-fact demolition permit for the removal of the site
encroachments, septic tank, and abandonment of the well. This must be done prior to the
construction of streets and utilities. A $20,000 security must be posted at the time of final plat
approval for the certification of the removal of all site encroachments and septic tank and proper
abandonment of the well.
Consistent with the City’s Public Ways and Property Ordinance, the Developer must remove the
existing overhead utility lines and poles along the east side of Dodd Boulevard, including those
that served the existing homestead. A $5,000.00 security must be posted at the time of final plat
approval to ensure that the overhead utility lines and poles are removed and placed unground.
The Developer must install a barricade and “Future Street Extension” sign at the north
extension of Iden Avenue.
F. 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 $2,600.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 26
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 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.
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G. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $75.00 per lot/outlot for a total charge of $1,950.00.
H. 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 $6,000.00 and consists of five post-top street lights at $1,200.00 each.
I. 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.
30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $621,053.36, plus a cash fee of $15,141.98 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:
A. Sanitary Sewer $ 86,141.50
B. Watermain 77,189.00
C. Storm Sewer 145,913.00
D. Street Construction 165,429.00
E. Erosion Control, Stormwater and Infiltration Basins, 30,060.00*
Restoration, Grading and Grading Certification
SUBTOTAL - CONSTRUCTION $ 504,732.50
SUBTOTAL - CONSTRUCTION COSTS REQUIRED $ 474,672.50
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*The Developer has already provided the security for Erosion Control, Stormwater Management
and Filtration Basins, Restoration, Grading and Grading Certification in the form of a cash escrow in
the amount of $30,060.00 to grade with preliminary plat approval.
OTHER COSTS:
A. Developer’s Design (6.0%) $ 30,283.95
B. Developer’s Construction Survey (2.5%) 12,618.31
C. City Legal Expenses (Est. 0.5%) 2,523.66
D. City Construction Observation (Est. 7.0%) 35,331.28
E. Developer’s Record Drawings (0.5%) 2,523.66
F. Bury Overhead Utility Lines and Remove Poles 5,000.00
G. Remove Site Encroachments 20,000.00
H. Landscaping 29,500.00
I. Street Lights 6,000.00
J. Lot Corners/Iron Monuments 2,600.00
OTHER COSTS SUB-TOTAL $ 146,380.86
TOTAL SECURITIES: $ 621,053.36
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.
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31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication $ 88,475.40
B. Future Upgrade of Dodd Boulevard 38,249.29
C. Dodd Boulevard Future Trail Construction 3,712.50
D. Sanitary Sewer Availability Charge 8,175.00
E. Trunk Storm Sewer Area Charge 67,612.09
F. Traffic Control Signs 1,225.00
G. Street Light Operating Fee 814.00
H. Surface Water Management Utility Fee 700.00
I. City Base Map Updating 1,950.00
J. City Engineering Administration 15,141.98 (3% for letters of credit or 3.25% for alternate disbursement)
SUBTOTAL CASH REQUIREMENTS $ 226,055.26
CREDITS TO THE CASH REQUIREMENTS
Greenway Corridor Trail Construction in Outlot A $ 2,632.50
(Park Dedication)
Outlot A (Deeded to the City) (Trunk Storm Sewer) (+) 2,695.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = 5,327.50
TOTAL CASH REQUIREMENTS $ 220,727.76
32. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
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33. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
180448v1 Feldman Heights
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34. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than 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.
35. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits, except two model homes on lots acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning
ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
180448v1 Feldman Heights
19
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. 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
180448v1 Feldman Heights
20
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 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.
J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
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36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 19120 Oak Grove Avenue, Prior Lake, Minnesota 55372. 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.]
180448v1 Feldman Heights
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CITY OF LAKEVILLE
BY: ___________________________________________
Matt Little, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2015, 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
180448v1 Feldman Heights
25
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
STAR BANK, a Minnesota State Chartered Bank, which holds a mortgage on the subject property,
the development of which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2015.
STAR BANK
By:
Its:
______________________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of ________________,
2015, by _____________________________, the ____________________ of Star Bank, a Minnesota
State Chartered Bank, on its behalf.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651-452-5000
AMP/cjh
180448v1 Feldman Heights
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EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
FELDMAN HEIGHTS
The South 349.98 feet of the North 1,172.94 feet of that part of the Northeast
Quarter of the Southwest Quarter lying East of the centerline of Dodd Road
(County Highway No. 9), in Section 17, Township 114, Range 20, Dakota County,
Minnesota.
(Abstract Property)
2
3
4
5
Feldman Heights
Final Plat
185th Street (CSAH 60)
190th Street
I n c a A v e
D o d d B l v d (C S A H 9 )
I p a v a
A v e
±City of Lakeville
Aerial Map
Feldman Heights
Final Plat
EXHIBIT A
RS-2
RST-2
RST-2
RS-3
PUD
RS-3
I D E N
A V EHUXLEY AVE
185TH ST W
190TH ST W
I N
C
A
A V EIPAVA
A V E
D O D D B L V D
D
O
D
D
B
L
V
D
I
N
L
E
T
R
O
A
D
±
Feldman Heights
Final Plat
EXHIBIT B
City of LakevilleLocation and Zoning Map
Feldman Heights
Final Plat
Easement Vacation
¾
¾
¾
¾
BLOCK NO. LOT NO. SQ. FT. TOTAL SITE AREA 10,02 ACRES
1 1 11,003 OUTLOT A2 4 , 2 8 8 SQ. FT.
1 2 19,150
1 3 12,360
14 9 , 6 8 8
1 5 10,850
1 6 10,850
1 7 13,306
2 1 13,369
2 2 11,339
2 3 10,850
2 4 10,850
25 9 , 6 2 0
2 6 14,591
2 7 18,995
2 8 25,401
2 9 12,699
21 0 9 , 0 1 2
21 1 9 , 4 4 9
21 2 9 , 4 4 9
21 3 9 , 4 4 9
2 14 11,473
3 1 11,473
32 9 , 4 4 9
33 9 , 4 4 9
34 9 , 0 1 2
LOT TABULATION
Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891-7087 Fax 952.891-7127 www.co.dakota.mn.us
July 30, 2014
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: FELDMAN HEIGHTS
The Dakota County Plat Commission met on July 28, 2014, to consider the preliminary plan of the above
referenced plat. The plat is adjacent to CSAH 9, and is therefore subject to the Dakota County Contiguous
Plat Ordinance.
The proposed plan includes 25 residential lots. The right-of-way dedication as shown on plat meets the
future right-of-way needs. There is no access shown to CSAH 9. Restricted access should be shown along all
of CSAH 9. A quit claim deed to Dakota County for access restriction should accompany the plat mylars at the
time of recording.
The Plat Commission has approved the preliminary and final plat, provided that the described conditions are
met, and will recommend approval to the County Board of Commissioners when the plat is submitted in
signed mylar form. Mylars should be submitted to the County Board within one year of the Plat
Commission’s final approval.
Traffic volumes on CSAH 9 are 9,600 ADT and are anticipated to be 15,000 ADT by the year 2030. These
traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for
the proposed plat. Residential developments along County highways commonly result in noise complaints.
In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial
building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this
development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. The Plat Commission highly
recommends early contact with the Transportation Department to discuss the permitting process which
reviews the design and may require construction of highway improvements, including, but not limited to,
turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon
McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or
Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
c:
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