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HomeMy WebLinkAboutItem 06.k May 27, 2015 Item No.________ MORGAN SQUARE THIRD ADDITION FINAL PLAT JUNE 1, 2015 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the final plat of Morgan Square Third Addition, and 2) a stormwater management and easement agreement. Adoption of this motion will allow the development of 36 rental townhome units seven buildings on 6.73 acres. Overview The Dakota County Community Development Agency (CDA) has submitted an application and plans for the final plat of Morgan Square Third Addition. The plans also identify the project name as Keystone Crossing Townhomes. The property is located south of 205th Street and west of the Lakeville Family Theatre. The preliminary plat and amendment to the Morgan Square Planned Unit Development (PUD) was approved by the City Council on November 2, 2009. Extensions to the preliminary plat were approved by the City Council periodically since the preliminary plat was approved, most recently on November 5, 2012 when the preliminary plat was extended until November 2, 2015. The final plat includes two lots and blocks and road right-of-way for Keystone Avenue and 207th Street, consistent with the approved preliminary plat. Staff recommends approval of the Morgan Square Third Addition final plat. Primary Issues to Consider When will Keystone Avenue be extended to connect to the extension of 207th Street? Keystone Avenue will be constructed to connect with the future extension of 207th Street when Outlot F, Morgan Square is developed south of the proposed Morgan Squared Third Addition final plat. Supporting Information • Resolution approving the final plat • Signed development contract and stormwater management and easement agreement • Planning and engineering reports dated May 8, 2015 and May 20, 2015 Frank Dempsey, AICP, Associate Planner Financial Impact: $_None______Budgeted: Y/N ____ Source: __________________________________________ Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances__________________________________ Envision Lakeville Community Values: A Home for All Ages and Stages of Life______________________________ (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. ______ RESOLUTION APPROVING THE FINAL PLAT OF MORGAN SQAURE THIRD ADDITION WHEREAS, the owner of the property described as MORGAN SQUARE THIRD ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. MORGAN SQUARE THIRD ADDITION final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 1st day of June 2015 CITY OF LAKEVILLE Matt Little, Mayor 2 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 1st day of June 2015 as shown by the minutes of said meeting in my possession. __________________________ Charlene Friedges City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 181702v2 Morgan Square Third Addition (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) MORGAN SQUARE THIRD ADDITION CONTRACT dated ____________________, 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY, a public body corporate and politic under the laws of the State of Minnesota (the “Developer” or “CDA”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for MORGAN SQUARE THIRD ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot E, Morgan Square, according to the recorded plat thereof, Dakota County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, 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 2 181702v2 Morgan Square Third Addition has been received by the City, and 3) the necessary insurance for the Developer and its construction contractors has been received by the City. In addition, the City will not issue a permit for more than one structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park 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, unless extended by the City Council. 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 3 181702v2 Morgan Square Third Addition without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. 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 4 181702v2 Morgan Square Third Addition shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, 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 5 181702v2 Morgan Square Third Addition C. MnDot for Work in Right-of -Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by September 30, 2016, with the exception of the final wear course of asphalt on public streets. The final wear course on public 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 grading 6 181702v2 Morgan Square Third Addition 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, 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 constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and 7 181702v2 Morgan Square Third Addition testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 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. 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 8 181702v2 Morgan Square Third Addition 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 Morgan Square Third Addition includes public and private storm sewer construction. Public storm sewer must be installed within the subdivision to collect and convey runoff generated within the Keystone Avenue right-of-way to the public stormwater management basins located in Outlot B, Morgan Square. Private storm sewer must be installed within the private drives and parking lots on Lot 1, Block 1 and Lot 1, Block 2, Morgan Square Third Addition to collect and convey the runoff generated from the private lots to the private stormwater management systems. 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 of Morgan Square Third Addition. The Trunk Storm Sewer Area Charge is calculated as follows: 218,187 s.f. x $0.198/s.f. = $43,201.03 Area of Morgan Square Third Addition Multi-Family Area Charge 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 Morgan Square Third Addition includes the construction and extension of public sanitary sewer within Keystone Avenue from an existing stub to provide sanitary sewer service to the development. The sanitary sewer within 207th Street must be extended to the south plat boundary to serve the future development of Outlot F, Morgan Square. Due to the right-of-way constraints, the sanitary sewer is not able to be extended to the plat boundary with 9 181702v2 Morgan Square Third Addition the site improvements. The Developer must post a $1,240.00 cash escrow at the time of final plat approval for the future extension of the sanitary sewer to the south plat boundary. Private sanitary sewer will be extended from the public main located within Keystone Avenue to provide individual service to each building. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows: 36 units x $327.00 = $11,772.00 Total Dwelling Units 2015 Sanitary Sewer Availability Charge Sanitary Sewer Availability Charge required 21. WATERMAIN. Development of Morgan Square Third Addition includes the construction and extension of public watermain. Watermain must be extended within Keystone Avenue from an existing stub to provide water service to the subdivision. The watermain within 207th Street and Keystone Avenue must be extended to the south plat boundary to provide a looped system and service to the future development of Outlot F, Morgan Square. Due to the right-of-way constraints, the watermain is not able to be extended to the plat boundary with the site improvements. The Developer must post a $3,640.00 cash escrow at the time of final plat approval for the future extension of the watermain to the south plat boundary. Private sanitary sewer and watermain service stubs were extended onto the parent parcel with the Morgan Square 2nd Addition improvements. The Developer must abandon the existing services, per City of Lakeville Standard Specifications and post a security at the time of final plat approval in the amount of $6,000.00 ($1,000.00 per service pair) to ensure the abandonment of the utility services. The Developer is responsible for obtaining a right-of-entry from the HOA of Morgan Square 2nd Addition for the abandonment of the private utility services. The final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. 10 181702v2 Morgan Square Third Addition 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision from 207th Street via Keokuk Avenue. No construction traffic is permitted on the adjacent local streets. 23. PARK, TRAILS AND SIDEWALKS. The Park Dedication requirement has not been collected on the parent parcel and must be satisfied through a cash contribution that shall be paid at the time of final plat approval. The Park Dedication Fee will be based on the rate in effect at the time of final plat approval, calculated as follows: 36 units x $2,572.00 = $92,592.00 Total Dwelling Units Medium Density Park Dedication Fee Park Dedication Requirement Development of Morgan Square Third Addition includes the construction of five (5) foot wide concrete public sidewalks, with pedestrian curb ramps, along both sides of Keystone Avenue. The Developer must post a $13,250.00 cash escrow at the time of final plat approval for the future construction of sidewalk along the future extensions of 207th Street, from Keystone Avenue to the east plat boundary, and along Keystone Avenue to the south plat boundary. Morgan Square Third Addition includes the construction of private sidewalks within Lot 1, Block 1 and Lot 1, Block 2 to provide internal pedestrian circulation for the townhome development. The sidewalks within the lots will be privately owned and maintained by the CDA. Two privately owned and maintained tot lots will be constructed within Lot 1, Block 1 and Lot 1, Block 2. 24. RETAINING WALLS. Development of Morgan Square Third Addition includes the construction of a 5-foot tall modular block retaining wall along the west side of Keystone Avenue within the public right-of-way. The retaining wall must be designed by a registered geotechnical engineer, must be approved by the Building Official, and is subject to issuance of a building permit. All retaining walls must be designed and constructed to meet MnDOT specifications. The Developer must post a security at the time of final plat approval in the amount of $22,000.00 to ensure the construction of the retaining wall. 11 181702v2 Morgan Square Third Addition Two private retaining walls under four (4) feet in height must be constructed adjacent to the tot lot on Lot 1, Block 2 and the northwest corner of Lot 1, Block 1. The retaining walls shall be privately owned and maintained by the CDA. 25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $1,000.00 must be paid at the time of final plat approval. Street signing consists of one stop sign with street blades at $400.00 and three sets of brown blade signs at $200.00 each. If the street sign posts are installed during frost conditions, the Developer shall pay an additional $150.00 for each street sign post location. A cash fee for one (1) year of streetlight operating expenses must be paid at the time of final plat approval and is calculated as follows: 36 units x $8.14/unit/qtr. x 4 qtrs. = $1,172.16 Total Dwelling Units Streetlight Operating Fee Total 26. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one (1) year of surface water management expenses must be paid at the time of final plat approval and is calculated as follows: 36 units x $7.00/unit/qtr. x 4 qtrs. = $1,008.00 Total Dwelling Units Surface Water Management Fee Total 27. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer must post a $15,696.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 28. TREE PRESERVATION. There are no trees proposed to be saved on the site. 29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the May 20, 2015, Engineering Report. B. Development of Morgan Square Third Addition includes the construction of three privately owned and maintained rain garden basins and one underground stormwater chamber system. The stormwater management systems constructed with the final plat shall be privately owned and maintained by the CDA. Prior to final plat approval, the Developer shall 12 181702v2 Morgan Square Third Addition sign a private maintenance agreement for the private stormwater management systems to be constructed with the final plat. C. Development of Morgan Square Third Addition includes the construction of three 24-foot wide private drives to provide access to the proposed townhome lots. In addition, private parking lots shall be constructed adjacent to the private drives for guest parking. These roadways and parking lots shall be privately owned and maintained by the CDA. The existing guest parking stalls located along the north plat boundary must be removed with the site improvements. The Developer must post a security in the amount of $1,000.00 at the time of final plat approval to ensure the removal and restoration of the parking areas. D. The Developer must post a $31,500.00 cash escrow at the time of final plat approval to ensure the removal of the temporary roadway and future construction and extension of both Keystone Avenue and 207th Street to the south plat boundary. E. The existing temporary easement over the cul-de-sac at Keystone Avenue will expire at the time of final plat approval of Morgan Square Third Addition and the extension of Keystone Avenue. The temporary cul-de-sac at Keystone Avenue must be removed. The Developer of Morgan Square 2nd Addition posted a security in the amount of $2,000.00 for the removal of the temporary cul-de-sac. The CDA shall coordinate with the Developer of Morgan Square 2nd Addition to remove the temporary cul-de-sac at Keystone Avenue. F. The existing temporary easement over the cul-de-sac at 207th Street will expire at the time of final plat approval of Morgan Square Third Addition. The temporary cul-de-sac at 207th Street must be removed with the final plat. 207th Street shall be extended as a temporary roadway to provide a connection to Keystone Avenue until Outlot F, Morgan Square is developed. The Developer shall furnish the City an appropriately executed temporary roadway, drainage and utility easement which will expire when Keystone Avenue is extended to the south when Outlot F, Morgan Square is developed. 13 181702v2 Morgan Square Third Addition G. 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 $200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 2 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. H. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot for a total charge of $150.00. I. 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 $3,600.00 and consists of three (3) post-top street lights at $1,200.00 each. J. 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, 14 181702v2 Morgan Square Third Addition from a bank ("security") for $465,257.29 plus a cash fee of $10,732.05 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 $ 36,873.00 B. Watermain 55,325.00 C. Storm Sewer 48,542.00 D. Street Construction 181,345.00 E. Erosion Control, Stormwater and Infiltration Basins, 35,650.00 Restoration, Grading and Grading Certification CONSTRUCTION SUB-TOTAL $ 357,735.00 OTHER COSTS: A. Developer’s Design (6.0%) $ 21,464.10 B. Developer’s Construction Survey (2.5%) 8,943.38 C. City Legal Expenses (Est. 0.5%) 1,788.68 D. City Construction Observation (Est. 7.0%) 25,041.45 E. Developer’s Record Drawings (0.5%) 1,788.68 F. Remove Existing Parking Stalls 1,000.00 G. Retaining Wall 22,000.00 H. Utility Service Abandonment 6,000.00 I. Landscaping 15,696.00 J. Street Lights 3,600.00 K. Lot Corners/Iron Monuments 200.00 OTHER COSTS SUB-TOTAL $ 107,522.29 TOTAL SECURITIES: $ 465,257.29 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 15 181702v2 Morgan Square Third Addition without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication $ 92,592.00 B. Trunk Storm Sewer Area Charge 43,201.03 C. Sanitary Sewer Availability Charge 11,772.00 D. Future Sidewalk Construction along 207th Street 13,250.00 and Keystone Avenue E. Future Removal of Temporary Road and Extension 31,500.00 of Keystone Avenue and 207th Street F. Future Sanitary Sewer Extension 207th Street 1,240.00 and Keystone Avenue G. Future Watermain Extension 207th Street 3,640.00 and Keystone Avenue H. Traffic Control Signs 1,000.00 I. Streetlight Operating Fee 1,172.16 J. Surface Water Management Fee 1,008.00 K. City Base Map Updating Fee 150.00 L. City Engineering Administration 10,732.05 (3% for letters of credit or 3.25% for alternate disbursement) TOTAL CASH REQUIREMENTS $ 211,257.24 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 16 181702v2 Morgan Square Third Addition one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 33. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. 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. 17 181702v2 Morgan Square Third Addition E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 34. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 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. 18 181702v2 Morgan Square Third Addition 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. 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. The Developer and contractor shall acquire commercial general 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 19 181702v2 Morgan Square Third Addition the City has accepted the public improvements. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer and contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The Developer must provide a Certificate of Insurance which meets the following requirements: 1. The Description section of the Accord form needs to read “City of Lakeville is named as Additional Insured with respect to the General Liability and 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. The Developer and contractor shall obtain Workmen’s Compensation Insurance in accordance with the laws of the State of Minnesota, including Employer’s Liability Insurance, to the limit of $100,000.00 each accident. K. 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. 20 181702v2 Morgan Square Third Addition L. 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. M. 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. 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: Dakota County Community Development Agency, 1228 Town Centre Drive, Eagan, Minnesota 55123. 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.] 21 181702v2 Morgan Square Third Addition 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 22 181702v2 Morgan Square Third Addition DEVELOPER: DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY BY: ___________________________________________ Its STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2015, by __________________________________ the ____________________________________ of Dakota County Community Development Agency, a public body corporate and politic under the laws of the State of Minnesota, on its behalf. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 23 181702v2 Morgan Square Third Addition IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____, of (Name of Bank) "; b) Be signed by the City Administrator or Finance Director of the City of Lakeville. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_____. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lakeville Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty- five (45) days prior to the next annual renewal date addressed as follows: Lakeville Finance Director, Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, MN 55044, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ 24 181702v2 Morgan Square Third Addition ALTERNATE SECURITY AGREEMENT _________________, 2____ City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Attention: City Administrator RE: Alternate Security Agreement Plat Name: Gentlemen: ______________________________ ("Developer") is developing real property within the corporate boundaries of Lakeville (the "City") which is being platted as ____________________________ (the "Subdivision"). The Developer has entered into a Development Contract with the City dated ________________________, as amended (the "Development Contract"). The Development Contract requires the Developer to complete certain improvements and other work in the Subdivision in a particular manner and within a particular time. The Development Contract requires that the Developer provide to the City certain security to assure the City that the Developer will comply with the Development Contract and that the Subdivision improvements and other required work will be installed and paid for by the Developer as and when required by the Development Contract. The Developer desires to provide to the City alternative security in the form of this letter agreement and the City is willing to accept this letter agreement as alternative security. The ______________________________________ ("Bank") irrevocably pledges to fund and disburse $_______________ in accordance with the Disbursement Agreement dated _______________, 2_____, a copy of which is attached hereto as Exhibit "A". Any bankruptcy, insolvency, other financial difficulty of the Developer, or default by the Developer under any agreements entered into between the Bank and the Developer shall not affect the Bank's irrevocable obligations to disburse funds pursuant to this agreement and pursuant to the aforementioned Disbursement Agreement. Neither the Bank nor the Developer may take any action, such as but not limited to amending or terminating the Bank's loan agreement or the Disbursement Agreement, that could impair the City's ability to draw down funds pledged to payment of the cost of the Subdivision improvements and to performance of the Development Contract. The Bank agrees to honor this covenant under all circumstances. Sincerely, BANK: DEVELOPER: BY: ____________________________ BY: ____________________________ Its Its 25 181702v2 Morgan Square Third Addition Exhibit "A" to Alternate Security Agreement _________________, 2_____ RE: Disbursement Agreement Plat Name: Gentlemen: This letter addresses the operating procedures under which the City of Lakeville (herein "City") will authorize disbursement of funds pursuant to the letter agreement dated _______________, 2_____, between _________________________________ ("Lender"), the City, and ______________________________________ (hereinafter "Developer") for the above-referenced development. 1. Certification of Work. __________________________ (the "Private Engineer") shall certify on behalf of the City the progress of construction of the Subdivision improvements at the completion of each stage of construction. Each certification shall set forth the quality of workmanship, stage of construction according to the plans and specifications, the dollar amount of work completed to the date of certification, and the dollar amount of disbursement necessary to pay for the most recently certified work. 2. Delivery of Certification; Approval by City. The Private Engineer shall mail by certified mail, postage prepaid, return receipt requested, or hand deliver, each certification contemporaneously to the Lender, the Developer, and the City. The City may perform its own independent inspection of the Subdivision improvements and give contemporaneous written approval or rejection to Lender and the Developer regarding any item in the most recently received certification. The City will make its best effort to reply within ten (10) working days after the postmark date or date of acknowledgment of hand delivery of such certification. 3. Disbursement and Retainage. If the City approves the certification, the Lender may rely upon the certification and may disburse no more than ninety percent (90%) of the sums certified by the Private Engineer. Ten percent (10%) of all certified sums (the "Retainage") shall be retained until the final inspection by the City. The Retainage shall be disbursed 91 days after the City completes its final inspection and approves of the Subdivision improvements. If the City objects to any item in a certification, the Lender shall not disburse any funds relating to that item until the City has given its written consent. 4. Suspension and Termination of Private Inspections. The City may terminate or suspend the right of the Private Engineer to certify work. The City may exercise this suspension or termination right by giving contemporaneous written notice to the Developer and the Lender by personal delivery or by mailing such notice by certified mail, postage prepaid, return receipt requested. Any such suspension or termination shall be prospective only, effective only upon receipt of notice by all parties to whom notice must be given, and shall not affect any certification issued by the Private Engineer prior to such suspension or termination. If the City does suspend or terminate the Private Engineer's certification rights, the City shall, upon periodic requests by the Developer, promptly make inspections of the Subdivision and certify to the Lender that the work completed and the amount to be disbursed is acceptable to the City. Notwithstanding any provision of 26 181702v2 Morgan Square Third Addition this paragraph, the City may independently inspect and certify any work on the Subdivision prior to any payment for such work pursuant to this Agreement. 5. Final Inspection. Pursuant to the Development Contract, the City Engineer of the City shall make a final inspection of the Subdivision. The Private Engineer shall have absolutely no right to act on the City's behalf in making this final inspection. The City Engineer may object to any construction defects discovered during the final inspection regardless of when they occurred. The City's failure to object to any earlier certification by the Private Engineer shall not be deemed a waiver of the City's right to demand the correction of defective work discovered during the final inspection. 6. Default. If the Developer defaults upon its obligations under the Development Contract and does not diligently proceed to cure the default within ten (10) days after the City gives the Developer written notice of it, the Lender shall disburse the undisbursed remaining balance of the Subdivision Improvement Amount to the City upon receiving written notice from the City addressed to both the Lender and the Developer. This notice shall be signed by the Mayor or the Clerk of the City. 7. Term of Agreement. This Agreement shall commence on the date hereof and shall expire upon the fifth anniversary of the date hereof. 8. In Lieu of Letter of Credit. This Agreement is in lieu of the letter of credit normally required by the City to secure the completion of residential subdivision improvements. 9. Successors and Assigns. The terms, conditions and provisions of this Agreement shall be for the benefit of and binding upon the parties to this Agreement, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above written. LENDER: _______________________ CITY OF LAKEVILLE BY: ___________________________ Its BY: ___________________________ Matt Little, Mayor DEVELOPER: AND __________________________ __________________________ Charlene Friedges, City Clerk BY _____________________________ Its 1 181880v1 STORMWATER MANAGEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT City of Lakeville THIS AGREEMENT, made and entered into this ___ day of ____________, 2015, by and between CITY OF LAKEVILLE, a Minnesota municipal corporation, ("City") and DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY, a public body corporate and politic under the laws of the State of Minnesota (“Landowner”). RECITALS WHEREAS, the Landowner is the owner of certain real property in the City of Lakeville, Dakota County, Minnesota legally described in Exhibit A attached hereto ("Property"); and WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Landowner owns the land and plans to develop the property as seven townhome buildings with 36 units including the construction of public streets and utilities and private drives and parking lots, as further identified in the following plans: Grading, Drainage, and Erosion Control Plan, date revised April 2, 2015 Utility Plan, date revised April 2, 2015 (collectively herein referred to as the "Plan"); WHEREAS, a condition of the City’s approval of the Morgan Square Third Addition plat is that Landowner provide for detention/retention of stormwater within the confines of the Property and enter into this Stormwater Management/Best Management Practice Facilities and Easement Agreement; and WHEREAS, the City and the Landowner, its successors and assigns, agrees that the health, safety, and welfare of the residents of the City of Lakeville, Minnesota, require that on- site stormwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on-site stormwater management/BMP facilities (“Stormwater Facilities”) as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns; and WHEREAS, the Landowner shall grant to the City easements for access and maintenance of the Stormwater Facilities over a portion of the Property (the “Easement Areas”) legally described on Exhibit B attached hereto to ensure compliance with work required under the terms of this Agreement. 2 181880v1 NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Stormwater Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Stormwater Facilities in accordance with their Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit C. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. 3. The Landowner, its successors and assigns, shall inspect the Stormwater Facilities and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered inadequate if it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit C. 4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). 5. In the event the Landowner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Landowner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the city’s costs to the landowner’s property taxes of such repairs, to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Landowner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Landowner expressly agrees to defend and hold the city harmless from any such third-party claim. 3 181880v1 6. Landowner hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area. The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. 7. The Landowner, its successors and assigns, will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 8. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 9. This Agreement imposes no liability of any kind whatsoever on the City. The Landowner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Landowner or the Landowner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Landowner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Landowner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Landowner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 10. This Agreement shall be recorded among the land records of Dakota County, Minnesota, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. (remainder of page intentionally left blank) (signature pages to follow) 4 181880v1 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 5 181880v1 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By: (Type Name) (Type Title) STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2015, by _________________________ the _________________ of Dakota County Community Development Agency, a public body corporate and politic under the laws of the State of Minnesota, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 6 181880v1 EXHIBIT A Legal Description of Property Lot 1, Block 1 and Lot 1, Block 2, Morgan Square Third Addition, according to the recorded plat thereof, Dakota County, Minnesota. (Abstract Property) 7 181880v1 EXHIBIT B Legal Description of Easement Area 8 181880v1 EXHIBIT C CITY OF LAKEVILLE ENGINEERING STANDARDS FOR STORM WATER TREATMENT FACILITIES Pond Maintenance Requirements 1. Annual inspection, maintenance reporting and certification by a professional engineer (Provided by Owner). Information must be submitted to the City annually. 2. Excavate pond to original design capacity when one half (1/2) of the wet volume of the pond is lost due to sediment deposition. 3. Remove floatable debris in and around the pond area including, but not limited to: oils, gases, debris and other pollutants. 4. Maintain landscape adjacent to the facility per original design, including but not limited to: maintenance of the buffer strip and other plant materials as per original plan design. 5. Maintenance of all erosion control measures including but not limited to: rip rap storm sewer outlets, catch basin inlets, etc. Infiltration/Rain Garden Maintenance Requirements 1. Inlet and Overflow Spillway – Remove any sediment build-up or blockage and correct any erosion. 2. Vegetation a. Maintain at least 80% surface area coverage of plants approved per plan. b. Removal of invasive plants and undesirable woody vegetation. c. Removal of dried, dead and diseased vegetation. d. Re-mulch void or disturbed/exposed areas. 3. Annual inspection and maintenance efforts must be documented and submitted to the City. 1 City of Lakeville Planning Department Memorandum To: Daryl Morey, Planning Director From: Frank Dempsey, AICP Associate Planner Date: May 8, 2015 Subject: Morgan Square Third Addition Final Plat INTRODUCTION The Dakota County Community Development Agency (CDA) has submitted an application and plans for the final plat of Morgan Square Third Addition. The plans also identify the project name as Keystone Crossing Townhomes. The property is located south of 205th Street and west of the Lakeville Family Theatre. The preliminary plat and amendment to the Morgan Square Planned Unit Development (PUD) was approved by the City Council on November 2, 2009. Extensions to the preliminary plat were approved by the City Council periodically since the preliminary plat was approved, most recently on November 5, 2012 when the preliminary plat was extended until November 2, 2015. The final plat includes two lots and road right-of- way for Keystone Avenue and 207th Street, consistent with the approved preliminary plat. Approval of the final plat will include the development of 36 rental townhome lots on 6.73 acres. The lot, block and street design of the Morgan Square Third Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Planning Department, Engineering Division and Parks and Recreation Department staff. EXHIBITS A. Location and Zoning Map B. Approved Morgan Square Preliminary Plat C. Final Plat 2 PLANNING ANALYSIS The City Council approved the Morgan Square preliminary plat on July 15, 2002, the Morgan Square final plat on September 3, 2002, and the Morgan Square Second Addition final plat on June 6, 2005. The Morgan Square Third Addition preliminary plat of 36 townhome units was approved by the City Council on November 2, 2009 and was authorized a three year deadline to submit the final plat application and plans. The City Council approved a three year extension to the preliminary plat on November 5, 2012 until November 2, 2015 due to the housing market conditions at that time. The Morgan Square Third Addition final plat proposes two lots with 36 townhome units to be constructed within seven buildings. The property and buildings will be owned by the CDA as workforce rental housing units. Existing Conditions. The Morgan Square Third final plat area consists of Outlot E, Morgan Square totaling 6.73 gross acres. The property includes level terrain that was preliminary graded with previous phases of the Morgan Square development. There are existing spruce trees on site that were planted as buffer yard screening when the Lakeville Family Theatre was constructed in 1997. These trees will be saved by the developer as shown on the grading plan. Zoning. The zoning of the property is PUD, Planned Unit Development with an underlying zoning of RM-1, Medium Density Residential District which allows townhomes subject to the RM-1, Medium Density Residential District requirements. Setbacks. The Morgan Square Third Addition final plat is subject to the following minimum building setback requirements in the RM-1 district: • Periphery of the base lots: 30 feet • Between Buildings: 25 feet • Public Right of Way: 30 feet • Private Drives: 22 feet (allowed with PUD Amendment) • Guest Parking: 15 feet Streets. Keystone Avenue is classified as a minor collector in the City’s Transportation Plan. Keystone Avenue includes an 80 foot wide right-of-way with a 36 foot wide pavement section. 207th Street is a minor collector that will connect with Keystone Avenue when Outlot F, Morgan Square develops. A temporary driveway access will be constructed on the Morgan Square Third Addition property between Keystone Avenue and 207th Street. Development Density. The Morgan Square Third Addition final plat consists of 36 townhomes on 5 gross acres of land. This results in a gross density of 7.2 units per acre. When excluding the public street rights-of-way the result is a net density of 9.18 units per acre. The overall density for the three phases of the Morgan Square townhome development meets Zoning Ordinance requirements. 3 Access. Morgan Square Third Addition will have access from Keystone Avenue via 205th Street and from 207th Street when Outlot F, Morgan Square to the south develops. A temporary driveway connection will be constructed on the Morgan Square Third Addition property between Keystone Avenue and 207th Street for temporary two way access until such time that Outlot F develops and the permanent 207th Street and Keystone Avenue connection is completed. Private Drives. Three new private drives will access the two lots that include the 36 townhome units. All drives will connect to Keystone Avenue. The private drives will be 24 feet in width as allowed with the PUD amendment and must be posted as no parking. Guest Parking. The RM-1 District requires guest parking equal to ½-space per unit. With 36 units proposed for this final plat, 18 guest parking spaces are required. The developer is proposing 18 guest parking spaces with this development spaced throughout the plat. Landscaping. The landscape plan identifies 48 overstory deciduous trees, 32 decorative crab trees, 35 eight foot tall spruce and pine trees, and 128 shrubs. All plant materials meet the minimum size requirements of the Zoning Ordinance. There is a row of 27 existing spruce and fir trees along the east property line of the Morgan Square Third Addition plat that was installed by the developer of the Lakeville Theatre when that building was constructed in 1997. The trees at that time were six feet tall and were intended to provide advanced growing time in anticipation of the future medium density residential development on the Morgan Square property. The proposed landscape plan shows the existing spruce trees being saved and additional evergreen tree landscaping installed along the east boundary to maximize the screening. The landscape plan also proposes screening along the north side of the property adjacent to Morgan Square Second Addition. Parks and Trails. Sidewalks five feet in width will be constructed along both sides of Keystone Avenue to match the sidewalk construction in previous Morgan Square phases. No park land need is identified in the Park, Trails and Open Space Plan. Cash contribution is recommended to meet park dedication requirements. Park dedication will be for 36 units at a rate of $2,572 per unit for a total of $92,592.00. Tree Preservation. A stand of spruce and fir trees are located along the east boundary of the proposed Morgan Square Third Addition final plat that will be protected during grading and construction as noted on the grading plan. Wetlands. There are no wetlands located within the Morgan Square Third Addition final plat. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in more detail in the May 8, 2015 engineering memo. 4 RM-1 DISTRICT STANDARDS The Morgan Square Third Addition final plat includes seven townhome buildings designed as row units between four and six units per building with two stories each. The townhome development must meet the requirements of Section 11-58 of the Zoning Ordinance except for housing meeting the Metropolitan Council’s Livable Communities Criteria for Affordability may be exempted from 11-58-21C (Unit Construction/Exterior Finish), D (Garages), K (Landscape/Screening/Lighting), and L (Additional Requirements). RECOMMENDATION Planning Department staff recommends approval of the Morgan Square Third Addition final plat subject to the following stipulations: 1. Implementation of the recommendations listed in the May 20, 2015 engineering report. 2. The townhome buildings shall be constructed consistent with the plans approved by the City Council and in compliance with Zoning Ordinance requirements. 3. Dakota County CDA shall be responsible for exterior building maintenance, landscaping, snow clearing and regular maintenance of private drives and common areas within the Morgan Square Third Addition plat. 4. The Morgan Square Third Addition final plat is subject to the following minimum building setback requirements: • Periphery of the base lots: 30 feet • Between Buildings: 25 feet • Public Right of Way: 30 feet • Private Drives: 22 feet • Guest Parking: 15 feet 5. Landscaping shall be installed consistent with the approved landscape plan. A $15,696.00 security must be submitted as a condition of final plat approval to guarantee installation of landscaping consistent with the approved landscape plan. 6. Five foot wide concrete sidewalks shall be installed on both sides of Keystone Avenue as shown on the plans approved by the City Council. 7. Eighteen guest parking spaces shall be provided as shown on the approved plans. 5 8. A temporary access from Keystone Avenue to existing 207th Street must be constructed by the CDA consistent with the approved plans if Morgan Square Third Addition until such time a permanent connection is made between Keystone Avenue and 207th Street. cc: Alex Jordan, City Engineer Brett Altergott, Parks and Recreation Director Mac Cafferty, Environmental Resources Manager Dakota County CDA City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Alex Jordan, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager Brett Altergott, Parks and Recreation Director Copy: Zach Johnson, City Engineer Daryl Morey, Planning Director Jerilyn Erickson, Finance Director Gene Abbott, Building Official Date: May 20, 2015 Subject: Morgan Square Third Addition • Final Plat Review • Final Grading and Erosion Control Plan Review • Final Utility Plan Review • Final Tree Preservation Plan Review BBAACCKKGGRROOUUNNDD The Dakota County Community Development Agency “CDA” has submitted a final plat named Morgan Square Third Addition. This is the first and only phase of the Morgan Square Third Addition Preliminary Plat approved by the City Council on November 2, 2009. The proposed subdivision is located south of 205th Street, west of Keokuk Avenue, and north of 215th Street. The parent parcel is Outlot E, Morgan Square and is zoned PUD, Planned Unit Development. The final plat consists of two lots within two blocks on 5.01 acres. The proposed development will be completed by: Developer: Dakota County CDA Engineer/Surveyor: Jacobson Engineers & Surveyors MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 22 OOFF 99 SSIITTEE CCOONNDDIITTIIOONNSS The Morgan Square Third Addition site was partially graded with the Morgan Square improvements. The site contains significant trees in the southern portion of the site that are planned for removal with the development. Trees are located along the east property line adjacent to the Muller Family Theater, planted with the Morgan Square improvements to serve as a landscape buffer, which will remain with the site improvements. Existing temporary cul-de-sacs at Keystone Avenue and 207th Street will be removed with the improvements. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Keystone Avenue and 207th Street Morgan Square Third Addition is located south of Keystone Avenue, a minor collector roadway, as identified in the City’s Transportation Plan. Keystone Avenue will be constructed and extended to the south plat boundary with the site improvements and is designed as a 36- foot wide urban roadway with 5-foot wide concrete sidewalks along both sides of the street. The Developer is dedicating 80-feet of right-of-way. The existing temporary cul-de-sac at Keystone Avenue will be removed. The temporary easement over the cul-de-sac will expire upon final plat approval of Morgan Square Third Addition and the extension of Keystone Avenue. The Developer of Morgan Square 2nd Addition provided a $2,000 security for the removal of the temporary cul-de-sac. The CDA shall coordinate with the Developer of Morgan Square 2nd Addition for the removal of the cul- de-sac. The existing temporary cul-de-sac at 207th Street will be removed with the final plat. The temporary easement over the cul-de-sac will expire upon final plat approval of Morgan Square Third Addition. 207th Street will be extended as a temporary roadway to provide a connection to Keystone Avenue until the time Outlot F, Morgan Square is developed. Keystone Avenue will ultimately extend to the south and connect with the future extension of 207th Street at the time Outlot F, Morgan Square is developed. The proposed alignment of 207th Street is consistent with the approved preliminary plat for Morgan Square Third Addition, the City’s Transportation Plan, and the preliminary design for 207th Street identified in the I-35/CSAH 70 interchange improvement plans. Due to the limited right-of-way constraints for grading, utility, and street construction, the remainder of 207th Street will not be constructed until time the Outlot F, Morgan Square is developed. To allow for a secondary access for the entire Morgan Square subdivision, a 24- foot wide temporary roadway connection between Keystone Avenue and 207th Street will be constructed. The Developer shall provide a temporary roadway and drainage and utility easement which will expire when Keystone Avenue is extended to the south when Outlot F, Morgan Square is developed. MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 33 OOFF 99 The Developer is dedicating right-of-way for the extensions of Keystone Avenue and 207th Street within the parent parcel with the final plat. The right-of-way is consistent with the approved Morgan Square Third Addition preliminary plat. The Developer shall submit a $31,500 cash escrow for the removal of the temporary roadway, and future construction and extension of both Keystone Avenue and 207th Street to the south plat boundary. Private Drives and Parking Lot Development of Morgan Square Third Addition includes the construction of three 24-foot wide private drives to provide access to the proposed townhome lots. Additionally, private parking lots will be constructed adjacent to the private drives for guest parking. These roadways and parking lots shall be privately owned and maintained by the CDA. The existing guest parking stalls located along the north plat boundary shall be removed with the site improvements. A $1,000 security shall be submitted with the final plat to ensure the removal and restoration of the parking areas. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility, and street construction shall be from 207th Street, via Keokuk Avenue. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution that shall be paid with the final plat. The Park Dedication Fee will be based on the rate in effect at the time of final plat approval, calculated as follows: 36 units x $2,572.00 = $92,592.00 Total Dwelling Units Medium Density Park Dedication Fee Park Dedication Requirement Development of Morgan Square Third Addition includes the construction of 5-foot wide concrete public sidewalks, with pedestrian curb ramps, along both sides of Keystone Avenue. The Developer shall post a $13,250 cash escrow with the final plat for the future construction of sidewalk along the future extensions of 207th Street, from Keystone Avenue to the east plat boundary, and along Keystone Avenue to the south plat boundary. Morgan Square Third Addition includes the construction of private sidewalks within Lot 1, Block 1 and Lot 1, Block 2 to provide internal pedestrian circulation for the townhome development. The sidewalks within the lots will be privately owned and maintained by the CDA. Two privately owned and maintained tot lots will be constructed within Lot 1, Block 1 and Lot 1, Block 2. MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 44 OOFF 99 UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Morgan Square Third Addition is located within subdistrict SC-13460 of the South Creek sanitary sewer district as identified in the City’s Comprehensive Sewer Plan. Development of Morgan Square Third Addition includes the construction and extension of public sanitary sewer within Keystone Avenue from an existing stub to provide sanitary sewer service to the development. The sanitary sewer within 207th Street shall be extended to the south plat boundary to serve the future development of Outlot F, Morgan Square. Due to the right-of- way constraints, the sanitary sewer is not able to be extended to the plat boundary with the site improvements. The Developer shall post a $1,240 cash escrow with the final plat for the future extension of the sanitary sewer to the south plat boundary. Private sanitary sewer will be extended from the public main located within Keystone Avenue to provide individual service to each building. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be paid with the final plat, calculated as follows: 36 units x $327.00 = $11,772.00 Total Dwelling Units 2015 Sanitary Sewer Availability Charge Sanitary Sewer Availability Charge required WWAATTEERRMMAAIINN Development of Morgan Square Third Addition includes the construction and extension of public watermain. Watermain will be extended within Keystone Avenue from an existing stub to provide water service to the subdivision. The watermain within 207th Street and Keystone Avenue shall be extended to the south plat boundary to provide a looped system and service to the future development of Outlot F, Morgan Square. Due to the right-of-way constraints, the watermain is not able to be extended to the plat boundary with the site improvements. The Developer shall post a $3,640 cash escrow with the final plat for the future extension of the watermain to the south plat boundary. Private sanitary sewer and watermain service stubs were extended onto the parent parcel with the Morgan Square 2nd Addition improvements. The Developer shall abandon the existing services, per City of Lakeville Standard Specifications. A $6,000 security ($1,000 per service pair) shall be submitted with the final plat for the abandonment of the utility services. The Developer is responsible to obtain a right-of-entry from the HOA of Morgan Square 2nd Addition for the abandonment of the private utility services. The final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. OOVVEERRHHEEAADD LLIINNEESS There are no overhead utility lines on or adjacent to the parent parcel. MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 55 OOFF 99 DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Morgan Square Third Addition is located within Subdistricts ML-7, ML-8, and ML-10 of the Marion Lake stormwater district as identified in the City’s Water Resources Management Plan. A stormwater management basin and infiltration basin located in Outlot B, Morgan Square was constructed with the Morgan Square improvements in 2003 to treat the stormwater runoff generated from the parent parcel. To meet the City’s current water quality volume and storage requirements, the Developer is constructing three rain gardens and an underground stormwater chamber system. The stormwater management systems constructed with the final plat shall be privately owned and maintained by the CDA. Prior to final plat approval, the Developer shall sign a maintenance agreement for the private stormwater management systems to be constructed with the development. The private stormwater management systems discharge to the public storm sewer that conveys the runoff to the existing stormwater management basins located within Outlot B, Morgan Square. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Morgan Square Third Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Development of Morgan Square Third Addition includes the construction of public and private storm sewer systems. Public storm sewer will be installed within the subdivision to collect and convey runoff generated within the Keystone Avenue right-of-way to the public stormwater management basins located in Outlot B, Morgan Square. Private storm sewer will be installed within the private drives and parking lots on Lot 1, Block 1 and Lot 1, Block 2 to collect and convey the runoff generated from the private lots to the private stormwater management systems. Draintile construction is required in areas of non-granular soils within Morgan Square Third Addition for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel, and must be paid with the Morgan Square Third Addition final plat, calculated as follows: MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 66 OOFF 99 218,187 s.f. x $0.198/s.f. = $43,201.03 Area of Morgan Square Third Addition Multi-Family Area Charge Total Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. RREETTAAIINNIINNGG WWAALLLLSS Development of Morgan Square Third Addition includes the construction of a 5-foot tall modular block retaining wall along the west side of Keystone Avenue within the public right- of-way. The retaining wall shall be designed by a registered geotechnical engineer, must be approved by the Building Official, and is subject to issuance of a building permit. All retaining walls shall be designed and constructed to meet MnDOT specifications. The Developer shall post a $22,000 security for the construction of the retaining wall. Two private retaining walls under 4-feet in height will be constructed adjacent to the tot lot on Lot 1, Block 2 and the northwest corner of Lot 1, Block 1. The retaining walls shall be privately owned and maintained by the Dakota County CDA. FEMA FLOODPLAIN ANALYSIS Morgan Square Third Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands located on the site. TTRREEEE PPRREESSEERRVVAATTIIOONN There are no trees proposed to be saved on the site. EERROOSSIIOONN CCOONNTTRROOLL The erosion control plan includes the following: • A rock construction entrances is shown on the plan sheets, and included in the erosion control notes. • Any slopes 3:1 or greater will require seeding and fiber blanket. • Silt fence will be installed to protect offsite areas from sediment transport. • Streets must be cleared of debris at the end of each day. • Inlet protection MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 77 OOFF 99 The developer is responsible for preparing a SWPPP for the site that meets all the requirements of the MPCA Construction Permits. No grading can take place until the MPCA permit is obtained and the SWPPP has been reviewed for the site. Additional erosion control measures may be required during construction as deemed necessary by City staff. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Morgan Square Third Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on May 1, 2015. CONSTRUCTION COSTS Sanitary Sewer $ 36,873.00 Watermain 55,325.00 Storm Sewer 48,542.00 Street Construction 181,345.00 Erosion Control, Stormwater and Infiltration Basins, Restoration, Grading and Grading Certification 35,650.00 SUBTOTAL - CONSTRUCTION COSTS $ 357,735.00 OTHER COSTS Developer’s Design (6.0%) $ 21,464.10 Developer’s Construction Survey (2.5%) 8,943.38 City’s Legal Expense (0.5%) 1,788.68 City Construction Observation (7.0%) 25,041.45 Developer’s Record Drawing (0.5%) 1,788.68 Remove Existing Parking Stalls 1,000.00 Retaining Wall 22,000.00 Utility Service Abandonment 6,000.00 Landscaping 15,696.00 Street Lights 3,600.00 Lot Corners/Iron Monuments 200.00 SUBTOTAL - OTHER COSTS $107,522.29 TOTAL PROJECT SECURITY $ 465,257.29 The street light security totals $3,600 which consists of three post-top street lights at $1,200 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $200.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 88 OOFF 99 CCAASSHH FFEEEESS A cash fee for traffic control signs is due with Morgan Square Third Addition. Street signing consists of one stop sign with street blades at $400.00 each, and three sets of brown blade signs at $200.00 each for a total of $1,000.00. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 36 units x $8.14/unit/qtr. x 4 qtrs. = $1,172.16 Total Dwelling Units Streetlight Operating Fee Total 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: 36 units x $7.00/unit/qtr. x 4 qtrs. = $1,008.00 Total Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 2 units x $75.00/unit = $150.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $10,732.05. CASH REQUIREMENTS Park Dedication Fee $ 92,592.00 Trunk Storm Sewer Area Charge 43,201.03 Sanitary Sewer Availability Charge 11,772.00 Future Sidewalk Construction along 207th Street and Keystone Avenue 13,250.00 Future Removal of Temporary Road and Extension of Keystone Avenue and 207th Street 31,500.00 Future Sanitary Sewer Extension 207th Street and Keystone Avenue 1,240.00 Future Watermain Extension 207th Street and Keystone Avenue 3,640.00 Traffic Control Signs 1,000.00 Streetlight Operating Fee 1,172.16 Surface Water Management Fee 1,008.00 City Base Map Updating Fee 150.00 MMOORRGGAANN SSQQUUAARREE TTHHIIRRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 2200,, 22001155 PPAAGGEE 99 OOFF 99 City Engineering Administration (3.00%) 10,732.05 SUBTOTAL - CASH REQUIREMENTS $211,257.24 TOTAL CASH REQUIREMENTS $211,257.24 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the Morgan Square Third Addition final plat, grading and erosion control plan, utility plan and tree preservation plan, subject to the requirements and stipulations within this report.