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HomeMy WebLinkAboutItem 06.k    ☐☐ 2 1 186716v1 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) DODD CROSSING CONTRACT dated ____________________, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and CNC DEVELOPMENT, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Dodd Crossing (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. 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 necessary security has been received by the City, 3) the necessary insurance for the Developer and its 2 186716v1 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 3 186716v1 and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional 4 186716v1 engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of -Way 5 186716v1 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 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 186716v1 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 six (6) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and 7 186716v1 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. 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 8 186716v1 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 Dodd Crossing includes construction of public storm sewer. 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 basins located within Outlot A. The construction of 162nd Street necessitates the replacement of existing storm sewer culverts under the trail just east of Dodd Lane. The Developer shall install equivalently sized arch storm sewer pipes to convey the upstream off-site generated stormwater runoff under the newly constructed 162nd Street to the existing drainage channel within Outlot A. The storm sewer design is consistent with City requirements. The Trunk Storm Sewer Area Charge has not been collected on 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 Dodd Crossing 1,179,909.72 s.f. Less Area of Outlot A (Stormwater Management Basins) (outside of (-) 105,006.74 s.f. (the existing City owned property) Less Area of Dodd Boulevard Right-of-Way (-) 122,355.68 s.f. Total = 952,547.30 s.f. 952,547.30 s.f. x $0.178/s.f. = $169,553.42 Net Area of Dodd Crossing Area Charge Total Trunk Storm Sewer Area Charge 9 186716v1 The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot A to the City, less the area of existing City owned property, calculated at $5,500/acre consistent with City policy. The credit will be applied to the Dodd Crossing final plat cash fees. The credit is calculated as follows: 2.41 acres x $5,500/acre = $13,255.00 Total Area of Outlot A Less the area of City Property 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 Dodd Crossing includes public sanitary sewer construction. Eight inch gravity sanitary sewer will be extended within the subdivision from an existing sanitary sewer manhole located on the north side of 162nd Street east of the intersection with Dodd Lane, within Outlot A. The Sanitary Sewer Availability Charge has not been collected on the parent parcels, and must be paid at the time of final plat approval. The fee will be based on the current rate in effect at the time of final plat approval and is calculated as follows: 67 units x $327.00 = $21,909.00 Total Dwelling Units In Dodd Crossing Sanitary Sewer Availability Charge Per Unit Total Sanitary Sewer Availability Charge 21. WATERMAIN. Development of Dodd Crossing includes the extension of public watermain. Eight inch watermain will be extended within the subdivision from the existing watermain that was stubbed to the 162nd Street right-of-way, within Outlot A, to provide service to the lots. The watermain system will also connect to the existing twelve inch watermain that was stubbed to Parcel 11 of Dakota County Right-of-Way Map No. 177 to create a looped system. 22. FUTURE UPGRADE OF DODD BOULEVARD. The cash fee for the future upgrade of Dodd Boulevard has not been collected on the parent parcels and must be paid at the time of final plat approval. The fee will be based on the rate in effect at the time of final plat approval, calculated as follows: 10 186716v1 1427.78 x $107.00 / f.f. = $152,772.46 Front Footage Required With Dodd Crossing Future Upgrade Fee Total Required with Dodd Crossing 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision via Dodd Lane at 162nd Street. No construction traffic is permitted through the adjacent existing subdivisions or on the adjacent local streets. 24. PARK DEDICATION. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution that must 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: 67 lots x $3,781.00 = $253,327.00 Lots in Dodd Crossing Park Dedication Fee Park Dedication Requirement Development of Dodd Crossing includes the construction of public concrete sidewalks. Five foot wide concrete sidewalks, with pedestrian curb ramps, must be installed along one side of all local streets, with the exception of the Estate Court cul-de-sac. The Developer shall also construct a trail connection to the existing trail located within Parcel 11 of Dakota County Right-of-Way Map No. 177. This existing bituminous trail traverses between the Dodd Crossing and Dodd Pointe developments and provides a connection to Dodd Pointe Park. The Developer shall receive a credit to the Park Dedication Fee for the City’s 3/8th share of the trail construction costs along 162nd Street to provide the connection to the existing trail. The credit is based on an estimate provided by the Developer’s engineer and will be applied to the Dodd Crossing final plat cash fees, calculated as follows: $4,956.00 x 3/8 = $1,858.50 Trail Construction Estimate along 162nd Street City’s Share Total Credit to Developer’s Cash Fees The City’s Parks, Trails and Open Space Plan identifies a bituminous trail along the north side of Dodd Boulevard (CSAH 9). The Developer will construct that portion of the trail between Pilot Knob Road and Elm Creek Lane in conjunction with the development. The Developer will receive a credit to the Park 11 186716v1 Dedication Fee for the City’s 3/8th share of the trail construction costs along Dodd Boulevard. The credit is based on an estimate provided by the Developer’s engineer and will be applied to the Dodd Crossing final plat cash fees, calculated as follows: $13,570.00 x 3/8 = $5,088.75 Trail Construction Estimate along Dodd Boulevard City’s Share Total Credit to Developer’s Cash Fees The Developer must pay a cash fee for its 5/8th share of the future trail construction costs for that portion of the trail west of Elm Creek Lane, in accordance with City policy. It is anticipated that that portion of the trail west of Elm Creek Lane will be constructed in conjunction with the future urbanization of Dodd Boulevard. The cash escrow, based on an estimate provided by the Developer’s engineer, shall be paid at the time of final plat approval, calculated as follows: $21,594.00 x 5/8 = $13,496.25 Future Trail Construction Cost from Elm Creek Lane to Dodd Lane (excluding grading and restoration) Developer’s Cost Share Total 25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $3,175.00 must be paid at the time of final plat approval, which includes four stop signs with street blades at $425.00 each, two street blades with arrows at $400.00 each, one 30 mph sign at $225.00, one right turn only sign at $300.00, and a mobilization fee of $150.00. If the street sign posts are installed during frost conditions, the Developer must pay an additional $150.00 for each street sign post location. A cash fee for one-year of streetlight operating expenses must also be paid at the time of final plat approval and is calculated as follows: 67 units x $8.42/unit/qtr. x 4 qtrs. = $2,256.56 Dwelling Units Streetlight Operating Fee Total 26. ENVIRONMENTAL RESOURCES FEE. A cash fee for one-year of environmental resources expenses must be paid at the time of final plat approval and is calculated as follows: 67 units x $7.75/unit/qtr. x 4 qtrs. = $2,077.00 Dwelling Units Environmental Resources Fee Total 12 186716v1 27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to 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. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 15, 2016, Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlot A to the City by warranty deed, free and clear of any and all encumbrances. C. The existing buildings, driveways, septic system, fences, and landscaping materials must be removed and all wells must be abandoned with the development. The existing driveway apron 13 186716v1 along Pilot Knob Road that serves the existing farmstead must also be removed and the Developer must install a barrier style curb along this segment of Pilot Knob Road. 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 in accordance with all applicable codes and regulations. D. The Developer must reconstruct that portion of Dodd Lane from 162nd Street to Dodd Boulevard in conjunction with the development improvements. The City shall apply a $39,797.94 credit to the final plat cash fees for the costs associated with reconstructing Dodd Lane. E. The Developer must install Natural Area signs along the rear property lines of Lots 1 through 5, Block 1, adjacent to the drainage way. The Developer must post a $1,000.00 security to ensure the installation of the natural Area signs. F. A $1,000.00 cash escrow must be submitted with the building permit applications for Lots 6-9 Block 1 and Lots 1-17, Block 2 to guarantee installation of the buffer rear yard sod. Lots 1-5, Block 2 must sod to the edge of the trail along Dodd Boulevard and Lots 6-9, Bock 1 and Lots 6-17, Block 2 must sod to the rear property line. G. The Developer shall coordinate all grading, utility and street construction with the owner of the private overhead electric transmission line that extends through the parent parcels. The Developer is responsible for all requirements as stipulated by the private utility company. H. 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 $6,800.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 68 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 14 186716v1 for a specific lot have either been found or set prior to the issuance of a building permit for that lot. I. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot/outlot for a total charge of $5,100.00. J. 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 $16,100.00 and consists of twelve (12) post-top street lights at $1,200.00 each and one (1) mast-arm street light at $1,700.00 each. K. 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. 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 $1,653,433.97, plus a cash fee of $42,173.46 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 $ 203,198.00 B. Watermain 206,110.00 C. Storm Sewer 518,364.00 D. Streets 400,110.00 E. Erosion Control, Grading and Grading Certification, Stormwater Basins** 78,000.00 15 186716v1 SUBTOTAL CONSTRUCTION COSTS $ 1,405,782.00 SUBTOTAL – CONSTRUCTION COSTS REQUIRED $ 1,327,782.00 **The Developer provided the City with a cash security in the amount of $78,000.00 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%) $ 84,346.92 B. Developer’s Construction Survey (2.5%) 35,144.55 C. City Legal Expenses (Est. 0.5%) 7,028.91 D. City Construction Observation (Est. 7.0%) 98,404.74 E. Developer’s Record Drawings (0.5%) 7,028.91 F. Landscaping 70,320.00 G. Street Lights 16,100.00 H. Remove Existing Buildings and Encroachments 30,000.00 I. Reconstruct Dodd Lane 39,797.94 J. Lot Corners/Iron Monuments 6,800.00 K. Natural Area Signs 1,000.00 SUBTOTAL OTHER COSTS $ 395,971.97 TOTAL PROJECT SECURITIES: $ 1,723,753.97 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 16 186716v1 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. Future Upgrade Fee – Dodd Boulevard $ 152,772.46 B. Future Trail Construction – Dodd Boulevard 13,496.25 C. Park Dedication Fee 253,327.00 D. Sanitary Sewer Availability Charge 21,909.00 E. Trunk Storm Sewer Area Charge 169,553.42 F. Traffic Control Signs 3,175.00 G. Street Light Operating Fee 2,256.56 H. Environmental Resources Fee 2,077.00 I. City Base Map Updating Fee 5,100.00 J. City Engineering Administration 42,173.46 (3% for letters of credit or 3.25% for alternate disbursement) SUBTOTAL CASH REQUIREMENTS $ 665,840.15 CREDITS TO THE CASH REQUIREMENTS Outlot A (Deeded to the City) (Trunk Storm Sewer) $ 13,255.00 Dodd Lane Reconstruction (CP 14-02 6550.6280) 39,797.94 City’s Share of Trail Along Dodd Boulevard (Park Dedication) 5,088.75 City’s Share of Trail along 162nd Street (Park Dedication) 1,858.50 SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS $ 60,000.19 TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $ 605,839.96 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 17 186716v1 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. 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. 18 186716v1 F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion 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 six (6) model homes on lots acceptable to the 19 186716v1 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 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 20 186716v1 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. 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 21 186716v1 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: CNC Development, LLC, 4555 Erin Drive, Suite 120, Eagan, Minnesota 55122. 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.] 22 186716v1 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 ______________, 2016, 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 24 186716v1 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT KLEINBANK, a Minnesota 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 ____________, 2016. KLEINBANK By:______________________________________ Its: STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2016, by ___________________________________, the _____________________________ of KleinBank, a Minnesota 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 25 186716v1 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Dodd Crossing That part of the Northeast Quarter of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter, Section 2, Township 114, Range 20, Dakota County, Minnesota, described as follows: Beginning at the Northeast corner of said Section 2; thence South 01 degrees 11 minutes 40 seconds East, along the East line of said Northeast Quarter of the Northeast Quarter, a distance of 1219.34 feet to the centerline of Dodd Boulevard according to Dakota County Road Right of Way Map No. 177; thence South 89 degrees 57 minutes 37 seconds West, along said centerline of Dodd Boulevard, a distance of 1531.63 feet; thence deflecting on a tangential curve concave to the Southeast having a radius of 1432.39 feet, a delta angle of 37 degrees 47 minutes 05 seconds and a length of 944.62 feet; thence North 52 degrees 09 minutes 13 seconds East along the centerline of Old Dodd Boulevard a distance of 2481.25 feet to the north line of said Northeast Quarter of the Northeast Quarter, thence South 89 degrees 58 minutes 16 seconds East, along said north line, a distance of 423.39 feet to the point of beginning. EXCEPTING THEREFROM the following parcel: That part of the Northeast Quarter of Section 2, Township 114, Range 20, described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 2; thence on an assumed bearing of South 01 degrees 11 minutes 40 seconds East, along the east line of said Northeast Quarter a distance of 1159.33 feet, thence South 89 degrees 57 minutes 37 seconds West a distance of 50.01 feet to R/W boundary corner B10 as designated on Dakota County Road Right of Way Map No. 177, said boundary corner being on the Northerly right of way line of Dodd Boulevard as designated on said right of way map; thence continuing South 89 degrees 57 minutes 37 seconds West, along said Northerly right of way line, a distance of 1127.51 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 57 minutes 37 seconds West, along said northerly right of way line, a distance of 352.90 feet to R/W corner B9 as designated on said right of way map; thence Westerly along said Northerly right of way line on a tangential curve concave to the South, having a radius of 1492.39 feet, a central angle of 3 degrees 38 minutes 24 seconds and a distance of 94.81 feet to R/W boundary corner B8, as designated on said right of way map; thence North 4 degrees 23 minutes 36 seconds West, not tangent to the last described curve, a distance of 75.14 feet along the Easterly right of way line of Dodd Lane as designated on said right of way map to R/W boundary corner B7; thence Northerly, along said Easterly right of way line on a tangential curve concave to the West having a radius of 331.56 feet, central angle of 14 degrees 12 minutes 41 seconds and a distance of 82.24 feet to R/W boundary corner B6 as designated on said right of way map; thence North 52 degrees 09 minutes 13 seconds East, not tangent to the last described curve, along the Southeasterly boundary of Parcel10, as designated on said right of way map, a distance of 150.99 feet; thence South 41 degrees 19 minutes 17 seconds East a distance of 137.92 feet; thence South 61 degrees 28 minutes 18 seconds East a distance of 295.31 feet to the point of beginning. and EXCEPTING THEREFROM the following parcels: Parcels 5, 6, 7, 9, 10, 12, 13 and 14, as designated on Dakota County Road Right of Way Map No. 177. AND 26 186716v1 That part of the Northeast Quarter of Section 2, Township 114, Range 20, described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 2; thence on an assumed bearing of South 01 degrees 11 minutes 40 seconds East, along the east line of said Northeast Quarter a distance of 1159.33 feet, thence South 89 degrees 57 minutes 37 seconds West a distance of 50.01 feet to R/W boundary corner B10 as designated on Dakota County Road Right of Way Map No. 177, said boundary corner being on the Northerly right of way line of Dodd Boulevard as designated on said right of way map; thence continuing South 89 degrees 57 minutes 37 seconds West, along said Northerly right of way line, a distance of 1127.51 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 57 minutes 37 seconds West, along said northerly right of way line, a distance of 352.90 feet to R/W corner B9 as designated on said right of way map; thence Westerly along said Northerly right of way line on a tangential curve concave to the South, having a radius of 1492.39 feet, a central angle of 3 degrees 38 minutes 24 seconds and a distance of 94.81 feet to R/W boundary corner B8, as designated on said right of way map; thence North 4 degrees 23 minutes 36 seconds West, not tangent to the last described curve, a distance of 75.14 feet along the Easterly right of way line of Dodd Lane as designated on said right of way map to R/W boundary corner B7; thence Northerly, along said Easterly right of way line on a tangential curve concave to the West having a radius of 331.56 feet, central angle of 14 degrees 12 minutes 41 seconds and a distance of 82.24 feet to R/W boundary corner B6 as designated on said right of way map; thence North 52 degrees 09 minutes 13 seconds East, not tangent to the last described curve, along the Southeasterly boundary of Parcel10, as designated on said right of way map, a distance of 150.99 feet; thence South 41 degrees 19 minutes 17 seconds East a distance of 137.92 feet; thence South 61 degrees 28 minutes 18 seconds East a distance of 295.31 feet to the point of beginning. and Parcels 9 and 10, as designated on Dakota County Road Right of Way Map No. 177, and that part of Outlot A, Lakeville Substation and of Parcel 14, as designated on Dakota County Road Right of Way Map No. 177 lying southwesterly of the following described line: Commencing at the most westerly corner of Parcel 9, said Map No. 177; thence North 52 degrees 09 minutes 13 seconds East along the northwesterly line of said Parcel 12 a distance of 403.95 feet to the point of beginning of said line to be described; thence easterly 88.85 feet along a non-tangential curve to the right having a central angle of 28 degrees 16 minutes 53 seconds, a radius of 180.00 feet and a chord bearing of South 84 degrees 49 minutes 47 seconds East to the southeasterly line of said Parcel 14 and there terminating. (Abstract Property) 2 3 4 5 ± Dodd Crossing Final Plat 160 TH ST (CSAH 46) DODD BLVD (CSAH 9) PI L O T K N O B R O A D ( C S A H 3 1 ) D O D D L N EL M C R E E K L A N E D O D D L A N E E X C E L S I O R D R E X C E L W A Y City of LakevilleAerial Map Dodd CrossingFinal PlatEXHIBIT A 165TH ST ± Dodd Crossing Final Plat EXHIBIT B City of Lakeville Location and Zoning Map Dodd Crossing Final Plat Text 160TH ST (CSAH 46) DODD BLVD (CSAH 9) P I L O T K N O B R D ( C S A H 3 1 ) D O D D LN EXCEL W AY D O D D L N E X C E L S I O R D R ELM C R E E K L N F A L L B R O O K D R NORTH 0 50 100 Δ NORTH 0 50 100 Δ NORTH 0 50 100 Δ . NORTH 0 100 200 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. DEVELOPER MUNICIPALITY XX XX.XX.XXXX 9-16-15 BAH15001 13 20 1 5 4555 Erin Drive EAGAN, MN TEL (952)898-0230 CIVIL TITLE SHEET PRELIMINARY PLAT EXISTING CONDITIONS EXISTING TREE INVENTORY SITE PLAN GRADING PLAN GRADING PLAN (50 SCALE) GRADING PLAN (50 SCALE) GRADING PLAN (50 SCALE) EROSION CONTROL PLAN SWPPP NOTES UTILITY PLAN LANDSCAPE PLAN C0.1 C0.2 C1.1 C1.2 C2.1 C3.1 C3.2 C3.3 C3.4 C3.5 C3.6 C4.1 L2.1 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Robert G. Schunicht License No:Date: PlatSht PRELIMINARY PLAT C0.2 2 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC LAKEVILLE, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: C301 TO C304BAH15001-GradingShts GRADING PLAN C3.1 2 GENERAL GRADING NOTES LEGEND NO SCALE TYPICAL LOT DETAIL1 NORTH 0 100 200 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC LAKEVILLE, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: C301 TO C304BAH15001-GradingShts GRADING PLAN (50 SCALE) C3.2 3 NORTH 0 50 100 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC LAKEVILLE, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: C301 TO C304BAH15001-GradingShts GRADING PLAN (50 SCALE) C3.3 4 NORTH 0 50 100 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC LAKEVILLE, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: C301 TO C304BAH15001-GradingShts GRADING PLAN (50 SCALE) C3.4 5 NORTH 0 50 100 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC LAKEVILLE, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: NORTH 0 100 200 GRADING EROSION CONTROL NOTES: EROSION CONTROL LEGEND C305BAH001.DWG EROSION CONTROL C3.5 6 C 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC EAGAN, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: NORTH 0 100 200 ExcdSht EXISTING CONDITIONS C3.7 8 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC EAGAN, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: ExcdSht EXISTING TREE INVENTORY C3.8 9 C 1+00 2+00 3+00 4+00 5+00 6+ 0 0 7+ 0 0 8+0 0 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16 + 0 0 17 + 0 0 18 + 0 0 19 + 0 0 20 + 0 0 21 + 0 0 22 + 0 0 23+00 24+0 0 25+0 0 26+0 0 27+0 0 28+0 0 29+0 0 30+0 0 31+0 0 32+0 0 32+3 4 0 + 7 0 1 + 0 0 2 + 0 0 3+ 0 0 3+ 3 1 0+ 7 0 1 + 0 0 2+ 0 0 3+ 0 0 3+ 7 0                                                                                                                                                       NORTH 0 100 200 4555 Erin Drive EAGAN, MN TEL (952)898-0230 /SHEET NO. PROJECT NO. FILE NAME BY DATE DATE ISSUE / REVISION REVIEW LA N D F O R M c CONTACT ENGINEER FOR ANY PRIOR HISTORY IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. TITLESHEET PROJECT SHEET INDEX ISSUE / REVISION HISTORY PROJECT MANAGER REVIEW CERTIFICATION Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC. CNC DEVELOPMENT, LLC LAKEVILLE, MN RCH 3.30.16 10-08-15 BAH15001 9 20 1 5 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Signature shown is a digital reproduction of original. Wet signed copy of this plan on file at Landform Professional Services, LLC office and is available upon request. Randall C. Hedlund License No:Date: L201BAH15001.DWG LANDSCAPE PLAN L2.1 13 Dakota County Surveyor’s Office Western Service Center  14955 Galaxie Avenue  Apple Valley, MN 55124 952.891-7087  Fax 952.891-7127  www.co.dakota.mn.us March 11, 2016 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: DODD CROSSING The Dakota County Plat Commission met on March 7, 2016, to consider the final plat of the above referenced plat. The plat is adjacent to CSAH 31, CSAH 46 and CSAH 9, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The plat was revised to exclude the property that will be deeded to the County prior to recording of plat due to the land transfer/exchange between Dakota County and CNC Development, LLC. On March 22nd, the County Board should approve the authorization of the land exchange. The plat should show restricted access along all of CSAH 9, 31 and 46 except for the two openings along CSAH 9 for Elm Creek Lane and Dodd Lane. A quit claim deed to Dakota County for restricted access is required at the time of recording the plat mylars. The Plat Commission has approved the final plat provided that the described conditions are met and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission’s final approval. Traffic volumes on CSAH 31 are 30,000 ADT and are anticipated to be 45,000 ADT by the year 2030, traffic volumes on CSAH 46 are 22,100 ADT and are anticipated to be 35,000 ADT by the year 2030 and traffic volumes on CSAH 9 are 6,400 ADT and are anticipated to be 16,900 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Bill Ryan Randy Hedlund      DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 2 OF 12  DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 3 OF 12  DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 4 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 5 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 6 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 7 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 8 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 9 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 10 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 11 OF 12 DODD CROSSING – FINAL PLAT APRIL 15, 2016 PAGE 12 OF 12