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HomeMy WebLinkAboutItem 06.i      (Reserved for Dakota County Recording Information ) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING THE FINAL PLAT OF CHOKECHERRY HILL 4TH ADDITION WHEREAS, the owner of the plat described as Chokecherry Hill 4th Addition has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the approved preliminary plat; and WHEREAS, the final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Chokecherry Hill 4th Addition is hereby approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the development contract and final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 2nd day of November 2015. CITY OF LAKEVILLE BY: _____________________ Matt Little, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 2nd day of November 2015, as shown by the minutes of said meeting in my possession. ________________________ Charlene Friedges, City Clerk (SEAL) 1 2 3 183923v5 1 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CHOKECHERRY HILL 4TH ADDITION CONTRACT dated ____________________, 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and SHAMROCK DEVELOPMENT, INC., a Minnesota corporation (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Chokecherry Hill 4th Addition (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part hereof by reference. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, 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 183923v5 2 necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil 183923v5 3 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 183923v5 4 The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional 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 183923v5 5 individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2016, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security 183923v5 6 posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except ten (10) model home permits on lots acceptable to the Building Official), the Developer shall provide the 183923v5 7 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 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. 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 183923v5 8 construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City’s in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7%) of the estimated construction cost. 19. STORM SEWER AREA CHARGE. Development of Chokecherry Hill 4th Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins located within Outlots A and D and Outlot B, Summerlyn 5th Addition. The Trunk Storm Sewer Area Charge is due for the parent parcels, and must be paid at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: Trunk Storm Sewer Area Charge Area Gross Area of Chokecherry Hills 4th Addition 2,494,485.00 s.f. Less Outlots A & D (Stormwater Management Basins) (-) 145,263.00 s.f. Less Outlots B, C, & E (Future Development) (-) 396,021.00 s.f. Less Area of 190th St and Highview Ave Rights-of -Way (-) 193,648.70 s.f. Total = 1,759,552.30 s.f. 183923v5 9 1,759,552.30 s.f. x $0.178/s.f. = $313,200.31 Net Area of Chokecherry Hill 4th Addition Area Charge Total Trunk Storm Sewer Area Charge The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots A and D to the City, calculated at $5,500/acre consistent with City policy. The credit will be applied to the Chokecherry Hill 4th Addition final plat cash fees. The credit is calculated as follows: 3.33 acres x $5,500/acre = $18,315.00 Total Area of Outlots A and D Per Acre Credit Total Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER AVAILABILITY CHARGE. Development of Chokecherry Hill 4th Addition includes the extension of public sanitary sewer. Sanitary Sewer will be extended within the subdivision to provide sewer services to the development from an existing stub within 189th Street. Due to the depth of the sewer, a temporary construction easement may be required to construct the necessary improvements from the property owners of Lot 4, Block 6 and Lot 1, Block 7, Chokecherry Hill Addition. The Developer shall be responsible for obtaining any necessary easements. The Sanitary Sewer Availability Charge is due for the parent parcels and must be paid at the time of final plat approval. The fee will be based on the current rate in effect at the time of final plat approval and is calculated as follows: 107 units x $327.00 = $34,989.00 Total Dwelling Units In Chokecherry Hill 4th Addition Sanitary Sewer Availability Charge Per Unit Total Sanitary Sewer Availability Charge The remainder of the Sanitary Sewer Availability Charge will be collected at the time Outlot C is final platted into lots and blocks. 21. WATERMAIN. Development of Chokecherry Hill 4th Addition includes the extension of public watermain. Watermain will be extended within the development to provide water service to the subdivision. 183923v5 10 Consistent with the City’s Water Plan, the Developer will extend 16-inch watermain along 190th Street from the existing 16-inch stub located on the City’s water tower site (8720 190th Street) to Highview Avenue and 20-inch watermain along Highview Avenue to the north plat boundary. The City will credit the Developer for the oversizing of the trunk watermain and construction of the watermain outside of the plat boundaries. The credit will be based on the cost difference between 8-inch watermain and the trunk watermain that will be installed. The City will credit the Developer an estimated $109,454.00 for the oversizing of the watermain. The Developer will furnish a $14,387.06 cash escrow at the time of final plat approval for the future extension of its share of the future 20-inch watermain along Highview Avenue adjacent to the plat. The remainder of the cash escrow will be collected at the time Outlot C is final platted. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision via a rock construction entrance off of 190th Street at the location of the driveway entrance for the existing homestead. No construction traffic is permitted from the local street network in Chokecherry Hill Addition. 23. PARK, TRAILS AND SIDEWALKS. Park Dedication has not been collected on the parent parcels and must be satisfied through a cash contribution that will 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: 107 lots x $3,781.00 = $404,567.00 Lots in Chokecherry Hill 4th Addition Park Dedication Fee Park Dedication Requirement The remainder of the park dedication fee will be paid at the time Outlots C and E are platted into lots and blocks. Development of Chokecherry Hill 4th Addition includes the construction of public sidewalks and trails. Five foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets. The City’s current Parks, Trails, and Open Space Plan identifies a trail along both sides of 190th Street and Highview Avenue adjacent to the plat. The Developer shall construct an eight (8) foot wide trail along the north side of 190th Street adjacent to the development with the final plat up to Holland Drive. 183923v5 11 The City will credit the Developer’s Park Dedication fee for the 3/8 share of the trail construction along 190th Street, calculated as follows: $43,503.20 x 3/8 = $16,313.70 Trail Construction Estimate along 190th Street City’s Share Total Credit to Developer’s Cash Fees The Developer shall pay a cash fee for its 5/8th portion of the future trail construction costs adjacent to the plat along the west side of Highview Avenue. The cash fee, based on an estimate provided by the Developer’s engineer, must be paid at the time of final plat approval, calculated as follows: $12,295.40 x 5/8 = $7,684.63 Future Trail Construction Cost from Holland Drive to End of Outlot D (excluding grading and restoration) Developer’s Cost Share Total The remaining portion of the cash escrow for the future trail construction will be required at the time Outlot C is final platted into lots and blocks. 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee for traffic control signs at the time of final plat approval in the amount of $5,250.00, which includes: nine stop signs with street blades at $400.00 each, nine dead end markers at $100.00 each, three future thru street signs at $75.00 each, one 30 mph sign at $225.00, and one stop only sign at $300.00. 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-year of streetlight operating expenses in the amount of $3,483.92 must also be paid at the time of final plat approval and is calculated as follows: 107 units x $8.14/unit/qtr. x 4 qtrs. = $3,483.92 Dwelling Units Streetlight Operating Fee Total 25. SURFACE WATER MANAGEMENT UTILITY FEE. The Developer shall pay to the City $2,996.00 in payment of the first year surface water management utility fees for the subdivision. The fee was calculated as follows: 107 units x $7.00/unit/qtr. x 4 qtrs. = $2,996.00 Dwelling Units Surface Water Management Fee Total 26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of 183923v5 12 which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 27. BUFFER YARD BERM/LANDSCAPE SCREEN. City zoning and subdivision ordinances require the installation of a buffer yard berm/landscape screen for the lots that abut 190th Street and Highview Avenue. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. The Developer must post a $70,360.00 security at the time of final plat approval to guarantee installation of the buffer yard landscaping and the landscaping adjacent to the greenway corridor trail and ponding areas as shown on the landscape plan. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the October 9, 2015 Engineering Report. 183923v5 13 B. Before the City signs the final plat, the Developer shall convey Outlots A and D to the City by warranty deed, free and clear of any and all encumbrances. C. The existing homestead, accessory buildings, septic systems, driveways, culverts, inlet aprons, fences and landscaping materials must be removed and the well must be abandoned with the development. The Developer must post a $30,000.00 security at the time of final plat approval to ensure that this work is completed and certified per all applicable codes and regulations. The Developer must pay a cash fee for the future upgrade of Highview Avenue at the time of final plat approval in the amount of $105,982.43, calculated as follows: 990.49 x $107.00 / f.f. = $105,982.43 Front Footage Required With Chokecherry Hill 4th Addition Future Upgrade Fee Total Required with Chokecherry Hill 4th Addition The remainder of the cash fee for the future upgrade of Highview Avenue will be collected at the time Outlots C and E are final platted into lots and blocks. E. The Developer must pay a cash fee for the future upgrade of the rural section of 190th Street adjacent to the plat at the time of final plat approval in the amount of $83,627.99, calculated as follows: 781.57 x $107.00 / f.f. = $83,627.99 Front Footage Required With Chokecherry Hill 4th Addition Future Upgrade Fee Total Required with Chokecherry Hill 4th Addition F. The Developer shall construct the City-required intersection improvements along Highview Avenue at the intersections with 190th Street and Holland Avenue. The improvements will include widening of Highview Avenue 778 feet south of 190th Street to 600 feet north of 190th Street to accommodate a northbound turn lane and a south bound turn lane into Holland Avenue. The City’s share in the cost of the intersection improvements shall be limited to the costs for construction of a south bound left turn lane from Highview Avenue onto 190th Street and the north bound left turn lane from Highview Avenue onto 190th Street. The City’s share of the costs shall be determined after approval of the construction plans and prior to construction 183923v5 14 of the intersection improvements. The City will reimburse the Developer following construction, based upon paid invoices submitted by Developer to the City, within 30 days upon receipt. G. The Developer must install barricades and “future street extension” signs at the north end of Huntley Trail and the east end of 188th Street until those streets are extended in the future. H. Driveway access for Lot 20, Block 7 must be from Huntley Trail only. I. Consistent with the requirements of the City Code, the Developer must remove the existing overhead utility lines and poles that serve the existing homestead. In addition, all existing utility lines and poles adjacent to the Chokecherry Hill 4th Addition plat along the north side of 190th Street and along Highview Avenue must be placed underground. The Developer must post a $200,000.00 security at the time of final plat approval to ensure the burial of the overhead utility lines and poles. The security will be held until such time that the Developer provides the City with written receipt and confirmation of payment from the private utility company for the necessary utility removal. J. A $1,000.00 cash escrow must be submitted with the building permit applications for Lots 4 through 20, Block 7 to guarantee the installation of the buffer rear yard sod. This escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of building permit. K. Before the City signs the final plat, the Developer must execute and deliver to the City temporary easement documents, in recordable form, for drainage and utility purposes over Outlots B and C. L. During the first five (5) full growing seasons, except where the City has determined vegetation establishment is acceptable, the Developer must replant buffer vegetation where the vegetative cover is less than ninety percent (90%). Natural Area signs must also be placed adjacent to rear 183923v5 15 lot corners adjacent to the wetland and stormwater management areas within Outlot A (10 locations). M. 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 $11,200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 112 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. N. 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 and outlot for a total charge of $8,400.00. O. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("security") for $3,581,570.01, plus a cash fee of $87,618.67 for 183923v5 16 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 $ 396,782.75 B. Watermain 461,402.00 C. Storm Sewer 571,602.00 D. Street Construction 1,169,314.50 E. Highview Ave/Holland Drive Intersection Improvements 163,346.08 F. **Erosion Control, Grading and Grading Certification, 158,175.00 Stormwater Basins SUBTOTAL - CONSTRUCTION $ 2,920,622.33 SUBTOTAL - CONSTRUCTION COSTS REQUIRED $ 2,762,447.33 **The Developer provided the City with a cash security in the amount of $158,175.00 for erosion control, stormwater basins, restoration, grading and grading certification following City Council approval of the preliminary plat. OTHER COSTS: A. Developer’s Design (6.0%) $ 175,237.34 B. Developer’s Construction Survey (2.5%) 73,015.56 C. City Legal Expenses (Est. 0.5%) 14,603.11 D. City Construction Observation (Est. 7.0%) 204,443.56 E. Developer’s Record Drawings (0.5%) 14,603.11 F. Landscaping 70,320.00 G. Street Lights 24,200.00 H. Bury Overhead Utilities and Remove Poles adjacent to 200,000.00 Highview Avenue and 190th Street West I. Remove Existing Structures 30,000.00 183923v5 17 J. Lot Corners/Iron Monuments 11,200.00 K. Wetland Natural Area Signs 1,500.00 SUBTOTAL - OTHER COSTS $ 819,122.68 TOTAL PROJECT SECURITIES: $ 3,581,570.01 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication $ 404,567.00 B. Future Upgrade of Highview Avenue 105,982.43 C. Future Upgrade of 190th Street 83,627.99 D. Future Trail Along Highview Avenue 7,684.63 E. Future Watermain Construction Along Highview Avenue 14,387.06 183923v5 18 F. Sanitary Sewer Availability Charge 34,989.00 G. Trunk Storm Sewer Area Charge 313,200.31 H. Traffic Control Signs 5,250.00 I. Street Light Operating Fee 3,483.92 J. Surface Water Management Utility Fee 2,996.00 K. City Base Map Updating 8,400.00 L. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) 87,618.67 SUBOTAL - CASH REQUIREMENTS $1,072,187.01 CREDITS TO THE CASH REQUIREMENTS Outlots A and D (Deeded to the City (Trunk Storm Sewer) $ 18,315.00 City’s Share of Trail Along 190th St. W. (Park Dedication) 16,313.70 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 34,628.70 TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $1,037,558.31 31. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post 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. 183923v5 19 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges 183923v5 20 ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except ten (10) model homes on lots acceptable to the 183923v5 21 Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. 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 the City has accepted the public improvements. Limits for bodily injury and death shall be 183923v5 22 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. 183923v5 23 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. 35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 3200 Main Street, N.W., Suite 300, Coon Rapids, Minnesota 55448-1199. 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.] 183923v5 24 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 183923v5 26 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT PREMIER BANK, a Minnesota banking corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2015. PREMIER BANK By:______________________________________ Its: STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2015, by __________________________________ the __________________ of Premier Bank, a Minnesota banking corporation, on behalf of said corporation. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/cjh 183923v5 27 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as CHOKECHERRY HILL 4TH ADDITION The Southeast Quarter of the Southeast Quarter EXCEPT the north 335.00 feet of the east 391.00 feet thereof, and the East Half of the Southwest Quarter of the Southeast Quarter, all in Section 17, Township 114, Range 20, Dakota County, Minnesota, and also EXCEPT: That part of said Southeast Quarter of the Southeast Quarter described as follows: Beginning at the southeast corner of said Section 17; thence North 50 feet; thence North 75º 21’ West (assuming east line of said Section 17 being North-South) 130 feet; thence North 49º 10’ West approximately 130 feet to the southeasterly right of way of the new alignment of County Road 15 (1970); thence southwesterly along new southeasterly right of way of County Road 15 now known as Highview Avenue to the south line of said Section 17; thence east to the point of beginning. Together with: All that part of the south 60.00 feet of the Northeast Quarter of the Southeast Quarter of Section 17, Township 114, Range 20, Dakota County, Minnesota, lying westerly of the east 930.30 feet of said Northeast Quarter of the Southeast Quarter. Together with: The south 60.00 feet of the west 548.30 feet of the following described property: The south 545.00 feet of the east 939.30 feet of the Northeast Quarter of the Southeast Quarter of Section 17, Township 114, Range 20, Dakota County, Minnesota. CITYOFLAKEVILLE PLANNINGCOMMISSION MEETINGMINUTES September 24, 2015 ChairSwensoncalledthemeetingtoorderat6:00p.m. intheCouncilChambers atCity Hall. Thepledgeofallegiance totheflagwasgiven. MembersPresent: ChairJasonSwenson, ViceChairLindaMaguire, BrooksLillehei, KarlDrotning, ScottEinck, PatKaluza, JasonKelvie Members Absent: PaulReuvers, Ex-officiomemberNicStevens Others Present: Daryl Morey, PlanningDirectorandPennyBrevig, Recording Secretary 3. ApprovaloftheMeetingMinutes TheSeptember10, 2015 PlanningCommissionmeetingminuteswereapprovedas presented. 4. Announcements Mr. MoreystatedthatthedeveloperforAgendaItem7, LakevilleCommerce Center th4 Addition, hasrequestedthatconsiderationofthepreliminaryandfinalplatbe tabledattonight’smeeting. Mr. MoreystatedthattheOctoberPlanning Commissionmeetingswillbeheldon thndOctober8and22. th5. ChokecherryHill4 Addition ChairSwenson openedthe publichearingtoconsidertheapplication of Shamrock Development, Inc. tovacateportionsoftwopermanent highwayeasements in thconjunctionwiththeChokecherryHill4 Additionfinalplat. Planning DirectorDarylMoreypresented theplanningreport. Mr. Moreystated that Shamrock Development hassubmittedanapplication for thevacation oftworoad theasementsinconjunctionwiththeChokecherryHill4 Addition finalplat. Mr. Moreyidentified theeasementswhichareshownontheExhibitAincludedwiththe September 16, 2015planning report. Mr. Moreystatedthattheeasementswillbereplaced withplattedright-of-wayonthe thChokecherryHill4 Additionfinalplat. Hestatedthattherewillbesufficientright-of- thwayforapossiblefutureroundaboutatthe190 StreetandHighviewAvenue intersection. PlanningCommissionMeetingMinutes, September 24, 2015 Page2 Mr. Morey stated thatPlanning Departmentstaffrecommendsapprovalofthe easementvacation subjecttotheone stipulationlistedintheSeptember16, 2015 planningreport. ChairSwensonopenedthehearing tothepublicforcomment. Therewerenocommentsfromtheaudience. Motionwasmadeby Lillehei, secondedby Drotning toclose thepublic hearing at6:06p.m. Ayes: Lillehei, Einck, Maguire, Swenson, Kelvie, Kaluza, Drotning Nays: 0 Chair Swenson askedforcomments fromthePlanning Commission. Discussion points included: Commissioner Drotning wantstobesurethat theCityhas enough right-of- thwayatthe190 StreetandHighviewAvenue intersection forallof the transportationoptionsthathavebeen proposed. HeaskedMr. Morey to explain thedifferencebetween right-of-wayandeasements. Mr. Moreyalsoexplained that, while itisnotarequirementtovacate the existing easements, itdoeseliminate encumbrances andsimplifies property titlesoithasbeenaCitypolicytovacateexcesseasements formany years. Motionwasmade byLillehei, seconded byEinck torecommend to CityCouncil thapprovaloftheChokecherryHill4 Addition easement vacationsubject tothe followingstipulation: 1. Theeasementvacationissubject to theapprovalandrecording of the thChokecherryHill4 Additionfinalplat. Ayes: Einck, Maguire, Swenson, Kelvie, Kaluza, Drotning, Lillehei Nays: 0 st6. SpiritofBrandtjen FarmCommercial 1 Addition ChairSwenson openedthepublichearing toconsider theapplication ofHy-Vee, Inc. forthevacation ofapermanent drainage andutilityeasementinSpiritofBrandtjen stFarmCommercial1 Addition. PlanningDirector DarylMoreypresented theplanning report. Mr. Moreystated that Hy-Veerepresentatives havesubmittedan applicationtovacatean existing20foot wide publicdrainageandutility easementwithin theSpiritofBrandtjen Farm stCommercial1 Additionduetothefactthattherearenopublicutilitieslocated within thiseasement, onlyprivatestormsewer. Mr. Morey stated thatthePlanning Departmentand Engineering Division staff recommends approvalof thedrainageandutilityeasementvacation aspresented. 2   3      4 5 ±City of LakevilleLocation Map Chokecherry Hill 4th Add. Final Plat & Easement VacationEXHIBIT A Chokecherry Hill 4th Addition Final Plat ±City of LakevilleLocation Map Chokecherry Hill 4th Add Final Plat Easement Vacation H I G H V I E W A V E 190TH ST 190TH ST H O L Y O K E A V E EXHIBIT B Area to be rezonedto RS-3 (Approvedwith preliminary plat.) ± HI G H V I E W A V E N U E 190TH ST 190TH ST HA R A P P A A V E Easement Areas to be Vacated H I L L D A L E A V E H O L Y O K E A V E City of LakevilleAerial Map Chokecherry Hill 4th Add. Final Plat & Easement Vacation EXHIBIT C                                                                                                                                                                                                                                     • • • • • • • • •                                  • • • • • • • • •                                                                                                                                                                      CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 22 OOFF 1122   CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 33 OOFF 1122  CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 44 OOFF 1122 CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 55 OOFF 1122 CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 66 OOFF 1122 CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 77 OOFF 1122 CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 88 OOFF 1122 CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 99 OOFF 1122  CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 1100 OOFF 1122      CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 1111 OOFF 1122 CCHHOOKKEECCHHEERRRRYY HHIILLLL 44TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT OOCCTTOOBBEERR 99,, 22001155 PPAAGGEE 1122 OOFF 1122