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186982v3 1
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
NICHOLAS ESTATES
CONTRACT dated ____________________, 2016, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and KRB DEVELOPMENT IV L.L.C., a Minnesota limited
liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Nicholas Estates (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
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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
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and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
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engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as
constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
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D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by June 30, 2017, 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
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operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
four (4) 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
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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
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
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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 Nicholas Estates 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 Outlot A, Nicholas Estates and Outlot A, Rose Creek.
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 Nicholas Estates
Less Area of Outlot A
Net Area of Nicholas Estates
1,063,714.00 s.f.
357,813.00 s.f.
= 705,901.00 s.f.
705,901.00 s.f. x $0.178/s.f. = $125,650.38
Net Area of
Nicholas Estates
Area Charge Total Trunk Storm Sewer Area Charge
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans. Final construction plans will include planned modifications to the stormwater basins in
the Rose Creek plat.
20. SANITARY SEWER. Development of Nicholas Estates includes the extension of public
sanitary sewer. Sanitary sewer will be extended within the subdivision to provide sewer service to the
development. Wastewater generated from Nicholas Estates will be conveyed to the temporary lift station
constructed with the Rose Creek development improvements until gravity sewer is extended to
subdistrict NC-22190. At the time the trunk sanitary sewer is extended to Rose Creek, the lift station will
be removed, and flow will be re-routed to the east.
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The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must be
paid at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows:
44 units x $327.00 = $14,388.00
Total Dwelling Units
In Nicholas Estates
Sanitary Sewer Availability Charge
Per Unit
Total Sanitary Sewer
Availability Charge
21. WATERMAIN. Development of Nicholas Estates includes the extension of public
watermain. Watermain will be extended within the development to provide water service to the
subdivision.
The Lateral Watermain Access Charge is due for the watermain within 183rd Street right-of-way
and must be paid at the time of final plat approval. The Lateral Watermain Access Charge is based on
the length of the existing watermain within 183rd Street adjacent to the plat and calculated as follows:
549.18 f.f. x $41.00/Front Foot = $22,516.38
Front Footage along 183rd Street Lateral Water Access Charge Total
The Developer shall extend watermain from 179th Street and Idawood Path, through Outlot A, and
connect to the existing trunk watermain within 183rd Street to provide a looped system within the
Development.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision from two rock
construction entrances: one off of 183rd Street and the other at the existing terminus of 179th Street. No
construction access will be permitted from Idawood Path north of the parent parcels.
23. PARKS, TRAILS AND SIDEWALKS. The Park Dedication requirement has not been
collected on the parent parcels and shall 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:
44 lots x $3,781.00 = $166,364.00
Lots in Nicholas Estates Park Dedication Fee Park Dedication Requirement
Development of Nicholas Estates includes the construction of public sidewalks and a public trail.
Five foot wide concrete sidewalks, with pedestrian curb ramps, shall be installed along one side of all
local streets. The Developer shall construct an eight foot wide bituminous trail from the west end of the
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179th Street cul-de-sac to the west plat boundary within Outlot A, providing a connection to the Eastview
Elementary School property. The City will reimburse the Developer following construction of the trail
based upon paid invoices submitted by Developer to the City, within 30 days upon receipt. The total
amount of the reimbursement will be determined after approval of the construction plans and prior to the
construction of the trail, based upon the Developer’s contract unit prices, excluding grading and
restoration. The maximum amount that will be refunded to the Developer for the trail construction shall be
$6,160.00.
The City’s current Parks, Trails, and Open Space Plan identifies a greenway corridor trail south of
and adjacent to Nicholas Estates. The trail will be constructed in the future within the greenway corridor
on Outlot G, King Creek Greenway Addition.
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the amount of $1,275.00 must be paid at the time of final plat approval, which
includes one stop sign with street blades at $425.00, one stop sign with street blades and no outlet
blades with arrows at $475.00, one no outlet sign at $225.00, 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 shall be paid at the time of final plat
approval and is calculated as follows:
44 units x $8.42/unit/qtr. x 4 qtrs. = $1,481.92
Dwelling Units Streetlight Operating Fee Total
25. ENVIRONMENTAL RESOURCES EXPENSES. 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:
44 units x $7.75/unit/qtr. x 4 qtrs. = $1,364.00
Dwelling Units Environmental Resources 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
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
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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. DRAINAGE AND GRADING. Development of Nicholas Estates includes the construction
of public stormwater management basins and the modification of an existing stormwater management
basin to collect and treat the stormwater runoff generated from the site. The basins will provide water
quality treatment and rate control of the stormwater runoff generated from the subdivision. The new
stormwater basins will be located within Outlot A, Nicholas Estates and the modified basin is located
within Outlot A, Rose Creek.
All material generated during construction of the modified stormwater management basin on
Outlot A, Rose Creek must be removed from the City property. The Developer shall re-grade and
establish the City property after the basin construction. The Developer must post a $25,070.00 security
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at the time of final plat approval to ensure the construction of the filtration basin and restoration of Outlot
A, Rose Creek.
28. BUFFER YARD BERM/LANDSCAPE SCREEN. A buffer yard containing earth berms
and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of
ten feet in height must be provided adjacent to 183rd Street. 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.
29. TREE PRESERVATION. The Developer must post a security for tree preservation on an
individual lot basis for each lot containing a “save” significant tree. The security is $1,500 for each lot
with a “save” significant tree and $1,000 for each outlot with a “save” significant tree and is calculated as
follows:
Block 1 Lot 3
Block 2 Lots 1, 6, 8, 9 5 Lots @ $1,500.00 each = $7,500.00
Outlot A 1 Outlot @ $1,000.00 each = $1,000.00
Total = $8,500.00
Prior to the issuance of building permits in this plat, the Developer’s forester shall certify that all
trees designated to be saved on the tree preservation plan are saved or replaced in compliance with
Subdivision Ordinance requirements. Prior to issuance of a building permit for homes on a lot with tree
preservation, the builder shall post a $1,000.00 tree protection security and provide an individual lot tree
preservation plan. The Developer shall submit an as-built tree preservation plan following site grading,
street and utility construction. After City staff has reviewed and approved the as-built tree preservation
plan the security maybe released.
30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the April 28, 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.
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C. The side yards of Lot 14, Block 4 and Lot 9, Block 5 must be sodded to the edge of the trail
along the north side of 183rd Street. A $1,000 cash escrow will be required to be submitted with
the building permit applications for these two lots to guarantee installation of the side yard
sodding. This escrow will be in addition to the two trees/lot and front/side yard sodding escrow
required at the time of building permit for all single family lots.
D. Any subdivision identification signs must be located at the subdivision entrance from 183rd
Street, be a monument style not more than 10 feet in height and 100 square feet in area, and
must be maintenance free. A sign permit must be issued by the City prior to the installation of
any subdivision identification signs.
E. The houses to be constructed on Lot 1, Block 1, Lots 2-9, Block 2, Lots 1-9, Block 3, Lots 1-14,
Block 4, and Lots 1-9, Block 5 must include an attached three stall garage with corresponding
front driveway parking apron. The curb cut opening shall not exceed 24 feet unless additional
width is approved by the City Engineer.
F. The Developer must remove the temporary cul-de-sac located on Outlot B, King Creek
Greenway Addition at the west end of 179th Street. The Developer will receive a $2,500.00
credit to the final plat cash fees from the City for the removal and restoration of the easement
area.
G. The Developer must obtain all appropriate permits prior to any wetland impacts. The Developer
is responsible for all restoration and establishment of disturbed areas and must post a
$5,000.00 security at the time of final plat approval until the impacted wetland areas are
restored.
H. During the first five (5) full growing seasons, except where the City has determined vegetation
establishment is acceptable, the owner or applicant must replant buffer vegetation where the
vegetative cover is less than ninety percent (90%). The Developer must post a $10,000.00
security at the time of final plat approval to ensure the permanent restoration of the wetland
buffers.
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I. The Developer must install Natural Area signs adjacent to rear lot corners adjacent to the
wetland and ponding areas (27 locations). The Developer must post a $4,050.00 security to
ensure the installation of the Natural Area signs.
J. 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 $4,500.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 45
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.
K. 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 $3,375.00.
L. 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 $9,600.00 and consists of eight (8) post-top street lights at $1,200.00 each.
M. 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.
N. Immediately prior to recording of the plat, the City will convey by quit claim deed the following
property consisting of less than 5.5 acres: Outlot C, Rose Creek and Outlot C, King Creek
Greenway Addition, which will become part of the plat. Immediately upon recording the plat and
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prior to recording any other encumbrances against the plat, Developer will grant to the City by
warranty deed Outlot A, Nicholas Estates, consisting of approximately 8.21 acres. No
compensation shall be paid by either party for either of the foregoing conveyances. Developer
shall pay for all costs associated with the conveyances and recording of the deeds.
31. 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 $1,161,676.13, plus a cash fee of $28,069.34 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 $ 155,860.75
B. Watermain 194,270.00
C. Storm Sewer 120,892.00
D. Street Construction 357,887.00
E. Erosion Control, Grading and Grading Certification, Stormwater 63,875.00
Basins
F. Rose Creek Filtration Basin Grading and Restoration 25,070.00
G. On-site Filtration Basin Grading and Restoration 17,790.00
SUBTOTAL – CONSTRUCTION COSTS $ 935,644.75
OTHER COSTS:
A. Developer’s Design (6.0%) $ 56,138.69
B. Developer’s Construction Survey (2.5%) 23,391.12
C. City Legal Expenses (Est. 0.5%) 4,678.22
D. City Construction Observation (Est. 7.0%) 65,495.13
E. Developer’s Record Drawings (0.5%) 4,678.22
F. Disturbed Wetland Restoration 5,000.00
G. Wetland Buffer Establishment 10,000.00
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H. Tree Preservation 8,500.00
I. Landscaping 30,000.00
J. Street Lights 9,600.00
K. Lot Corners/Iron Monuments 4,500.00
L. Natural Area signs (27 locations) 4,050.00
OTHER COSTS SUB-TOTAL $ 226,031.38
TOTAL SECURITIES: $ 1,161,676.13
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.
32. 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 $ 166,364.00
B. Sanitary Sewer Availability Charge 14,388.00
C. Lateral Watermain Access Charge 22,516.38
D. Trunk Storm Sewer Area Charge 125,650.38
E. Traffic Control Signs 1,275.00
186982v3 17
F. Street Light Operating Fee 1,481.92
G. Environmental Resources Fee 1,364.00
H. City Base Map Updating 3,375.00
I. City Engineering Administration 28,069.34 (3% for letters of credit or 3.25% for alternate disbursement)
SUBTOTAL CASH REQUIREMENTS $ 364,484.02
CREDITS TO THE CASH REQUIREMENTS
Remove 179th Street Temporary Cul-de-Sac(Escrow No. 8335) $ 2,500.00
SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS $ 2,500.00
TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $ 361,984.02
33. 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.
34. 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.
186982v3 18
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. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
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.
35. 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
186982v3 19
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.
36. 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 four (4) model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the
City’s zoning ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
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.
186982v3 20
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
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.
186982v3 21
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
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.
37. 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: KRB Development IV L.L.C., 14750 Cedar Avenue South, Suite 100, Apple Valley,
Minnesota 55124. Notices to the City shall be in writing and shall be either hand delivered to the City
186982v3 22
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.]
186982v3 23
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
186982v3 25
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
NICHOLAS ESTATES
Outlot C, ROSE CREEK, according to the recorded plat thereof, Dakota County, Minnesota.
AND
Outlot C, KING CREEK GREENWAY ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota.
AND
Outlot D, KING CREEK GREENWAY ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota.
AND
Outlot B, KING CREEK GREENWAY ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota EXCEPT that part described as follows:
Commencing at the northeast corner of said East Half of the Northwest Quarter; thence North 89
degrees 52 minutes 44 seconds West, assumed bearing along the north line of said East Half of
the Northwest Quarter, a distance of 322.63 feet; thence South 24 degrees 36 minutes 41
seconds East a distance of 49.40 feet to the point of beginning of the land to be described;
thence continuing South 24 degrees 36 minutes 40 seconds East a distance of 318.13 feet;
thence South 73 degrees 01 minute 57 seconds West a distance of 21.13 feet; thence North 16
degrees 58 minutes 11 seconds West a distance of 130.00 feet; thence South 73 degrees 01
minute 49 seconds West a distance of 39.13 feet; thence North 16 degrees 58 minutes 11
seconds West a distance of 60.00 feet; thence North 08 degrees 48 minutes 47 seconds West a
distance of 126.59 feet to the point of beginning.
2
3
4
5
±City of LakevilleAerial MapNicholas EstatesFinal PlatEXHIBIT A
Nicholas Estates
Final Plat
183RD STREET
IMAGERY LN
179TH STREET
D O D D B L V D (C S A H 9 )
H Y D R A C I R
IMPALA PATH 178TH STREET
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EASTVIEW
ELEMENTARY
SCHOOL
LAKEVILLE
POLICE DEPT.
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Nicholas Estates
Final Plat
EXHIBIT B
RS-2
RS-2
RS-2
RS-3
RS-3
RST-2
P/OS
P/OS
P/OS
P/OS
P/OS
IP
A
V
A
A
V
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D O D D B L V D (C S A H 9 )
178TH ST
183RD ST
EASTVIEWELEMENTARYSCHOOL
PUD
LIFETIMEFITNESS
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City of LakevilleLocation and Zoning Map
Nicholas EstatesFinal Plat
KNOW ALL PERSONS BY THESE PRESENTS: That KRB Development IV, LLC, owner of the following described property:
Outlot C, ROSE CREEK, according to the recorded plat thereof, Dakota County, Minnesota.
And
Outlot C, KING CREEK GREENWAY ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
And
Outlot D, KING CREEK GREENWAY ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
And
Outlot B, KING CREEK GREENWAY ADDITION, according to the recorded plat thereof, Dakota County, Minnesota,
EXCEPT that part described as follows:
Commencing at the northeast corner of said East Half of the Northwest Quarter; thence North 89 degrees 52
minutes 44 seconds West, assumed bearing along the north line of said East Half of the Northwest Quarter, a
distance of 322.63 feet; thence South 24 degrees 36 minutes 41 seconds East a distance of 49.40 feet to the point of
beginning of the land to be described; thence continuing South 24 degrees 36 minutes 40 seconds East a distance of
318.13 feet; thence South 73 degrees 01 minute 57 seconds West a distance of 21.13 feet; thence North 16 degrees
58 minutes 11 seconds West a distance of 130.00 feet; thence South 73 degrees 01 minute 49 seconds West a
distance of 39.13 feet; thence North 16 degrees 58 minutes 11 seconds West a distance of 60.00 feet; thence North
08 degrees 48 minutes 47 seconds West a distance of 126.59 feet to the point of beginning.
Has caused the same to be surveyed and platted as NICHOLAS ESTATES and does hereby dedicate to the public for public
use the public ways and the drainage and utility easements as created on this plat.
In witness whereof, said KRB Development IV, LLC, has caused these presents to be signed by its proper officer this day of
, 20 .
KRB Development IV, LLC
By: the
STATE OF
COUNTY OF
This instrument was acknowledged before me on day of , 20 ,
by , the of KRB Development IV, LLC,
on behalf of the company.
County, Printed Name
My commission expires
I, Marcus F. Hampton, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly
Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all
mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or
will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section
505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and
labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me on this day of , 20 ,
by Marcus F. Hampton.
County, Printed Name
My commission expires January 31,
CITY COUNCIL OF LAKEVILLE, MINNESOTA
This plat was approved by the City Council of Lakeville, Minnesota this day of , 20 , and
hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2.
By:
Mayor Clerk
DAKOTA COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and
approved this day of , 20 .
By:
Dakota County Surveyor
DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore
described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and
transfer entered this day of , 20 .
By: Director
Department Of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of NICHOLAS ESTATES was filed in the office of the County Recorder for public record on
this day of , 20 , at o'clock . M. and was duly filed in
Book of Plats, Page , as Document Number .
County Recorder
BEARINGS ARE BASED ON THE NORTH LINE OF THE
E1/2 OF THE NW 1/4 OF SEC. 17, T. 114, R. 20 WHICH
IS ASSUMED TO HAVE A BEARING OF N 89°53'02" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
GALVANIZED IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
BEARINGS ARE BASED ON THE NORTH LINE OF THE
E1/2 OF THE NW 1/4 OF SEC. 17, T. 114, R. 20 WHICH
IS ASSUMED TO HAVE A BEARING OF N 89°53'02" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
GALVANIZED IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
BEARINGS ARE BASED ON THE NORTH LINE OF THE
E1/2 OF THE NW 1/4 OF SEC. 17, T. 114, R. 20 WHICH
IS ASSUMED TO HAVE A BEARING OF N 89°53'02" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
GALVANIZED IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND
X
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