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HomeMy WebLinkAboutItem 06.l     ☐☐ 2 1 187641v3 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) BERRES RIDGE 2ND ADDITION CONTRACT dated ____________________, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and BERRES RIDGE DEV. CO., LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Berres Ridge 2nd Addition (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot A, Outlot C and Outlot D, Berres Ridge 1st Addition, according to the recorded plat thereof, Dakota County, Minnesota. AND Outlot B, St. John’s First Addition, according to the recorded plat thereof, Dakota County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City 2 187641v3 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 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 3 187641v3 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 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 4 187641v3 City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such 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. 5 187641v3 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of -Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 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. 6 187641v3 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except 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 7 187641v3 area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 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. 8 187641v3 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City’s in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7%) of the estimated construction cost. 19. STORM SEWER AREA CHARGE. Development of Berres Ridge 2nd Addition includes public storm sewer construction. Storm sewer shall be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins located within Outlots A and B, Berres Ridge 2nd Addition. 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, calculated as follows: Gross Area of Berres Ridge 2nd Addition 4,578,024.00 s.f. Less Area of Outlot A (Stormwater Management Basin) (-) 176,430.00 s.f. Less Area of Outlot B (Stormwater Management Basins) (-) 42,357.00 s.f. Less Area of Outlot C (Future Development) (-) 6,400.00 s.f. Less Area of Outlot D (Future Development) (-) 9,512.00 s.f. Less Area of Outlot E (Future Development) (-) 10,722.00 s.f. Less Area of Outlot F (Future Development) Less Area of Outlot G (Future Development) (-) 474,101.00 s.f. (-) 2,911,685.00 s.f. Total = 946,817.00 s.f. 9 187641v3 946,817.00 s.f. x $0.178/s.f. = $168,533.43 Net Area of Berres Ridge 2nd Addition Area Charge Total The remainder of the Trunk Storm Sewer Area Charge will be collected at the time Outlots C, D, E, F and G are final platted into lots and blocks, at the rate in effect at the time of final plat. The Developer shall receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot A and Outlot B, Berres Ridge 2nd Addition to the City, consistent with City policy. The credit is based on the area of the outlots calculated at the rate of $5,550.00 per acre, and will be applied to the Berres Ridge 2nd Addition final plat cash fees. The credit is calculated as follows: (4.05 acres - 3.85 acres + 0.97 acres) x $5,500/acre = $6,435.00 Total Area of Outlot A Area of Outlot B, St. Johns 1st Addition Total Area of Outlot B 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 Berres Ridge 2nd Addition includes the extension of public sanitary sewer. Sanitary sewer shall be extended within the subdivision to provide sanitary sewer service to the development. At this time sanitary sewer is not available to serve Lots 17 through 34, Block 1, Berres Ridge 2nd Addition. The sanitary sewer system to serve these lots is proposed to be installed by November 30, 2016 with the Legacy 2nd Addition improvements. The Developer must post a security at the time of final plat approval in the amount of $40,738.50 to ensure the construction of the downstream sanitary sewer to serve Lots 17 through 34, Block 1. The security is based on an estimate provided by the Developer’s engineer, including the cost to install the sewer, restore the Highview Avenue roadway and any utility relocation necessary to complete the installation. 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, calculated as follows: 10 187641v3 63 units x $327.00 = $20,601.00 Total Units In Berres Ridge 2nd Addition Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge Required With Berres Ridge 2nd Addition 21. WATERMAIN. Development of Berres Ridge 2nd Addition includes the extension of public watermain. Watermain will be extended within the development to provide water service to the subdivision. The Developer must extend 8-inch watermain along Highview Avenue to the Legacy 2nd Addition south plat boundary to create a looped system. The Developer shall pay 100% of the costs to install the watermain along Highview Avenue adjacent to the plat. The city will credit the Developer’s cash fees for 100% of the cost to install the watermain not adjacent to the Berres Ridge 2nd Addition plat. The credit is based on an estimate provided by the Developer’s engineer. The design of the watermain will be reviewed and approved with the final construction plans. The City will provide the credit for the watermain installation following construction, within 30 days of receipt of written request for payment conditioned on the following: 1. Watermain has been inspected, tested and accepted by the City. 2. Developer has submitted to the City the final pay estimate, invoice, and lien waiver from the Contractor. The City will review the final pay estimate and quantities for accuracy. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision via 200th Street by way of Highview Avenue. Construction traffic may not use the streets constructed with Berres Ridge 1st Addition. 23. FUTURE UPGRADE OF 202ND STREET. A portion of the cash fee for the future upgrade of 202nd Street (61 of 366 lots) was collected with Berres Ridge 1st Addition. The remaining portion of the cash fee will be prorated for the number of lots final platted with Berres Ridge 2 nd Addition. The fee is based on the rate in effect at the time of final plat approval, as outlined in the Berres Ridge 1 st Addition Development Contract, calculated as follows: 11 187641v3 612.24 Feet x (63/366) = 105.39 Feet Lot 5, Block 2, Berres Ridge 1st Addition Front Footage along 202nd Street Portion in Berres Ridge 2nd Addition Front Footage Required with Berres Ridge 2nd Addition 105.39 Feet x $107.00/Front Foot = $11,276.73 Front Footage Required with Berres Ridge 2nd Addition Future Upgrade Fee Rate Total Future Upgrade Fee Required with final plat The remainder of the future upgrade fee for 202nd Street adjacent to Lot 5, Block 2, Berres Ridge 1st Addition will be collected when the remaining 242 lots (366-61-63) are final platted with future phases of Berres Ridge and Berres Ridge 2nd Addition, at the rate in effect at the time of final plat. 24. PARKS, TRAILS AND SIDEWALKS. The Park Dedication requirement has not been collected on the parent parcels and must be satisfied through a cash contribution that shall be paid at the time of final plat approval. The Park Dedication Fee is based on the rate in effect at the time of final plat approval, calculated as follows: 63 units x $3,781.00 = $238,203.00 Total Units In Berres Ridge 2nd Addition Park Dedication Fee Park Dedication Requirement Development of Berres Ridge 2nd Addition includes the construction of public trails and sidewalks. Five-foot wide concrete sidewalks, with pedestrian curb ramps, shall be installed along one side of all local streets, with the exception of Hiawatha Court and 198th Court, and along both sides of 200th Street. The Developer must construct a bituminous trail along the east side of Highview Avenue, adjacent to the plat and PID Nos. 220210053010 and 220210052012, connecting to the future City park within Outlot B, Legacy 1st Addition. The Developer is responsible for 100% of grading and restoration for the bituminous trail. The Developer shall receive a credit to the Park Dedication Fee for the City’s 3/8th shareof the trail construction costs along Highview Avenue adjacent to the plat (excluding grading and restoration) and PID No. 220210052012 (including grading and restoration). The City will credit the Developer’s Park Dedication requirement for 100% of the costs of the design and construction of the trail adjacent to PID No. 220210053010. The credit is based on an estimate provided by the Developer’s engineer and is calculated as follows: 12 187641v3 $12,003.93 x 3/8 = $4,501.47 Trail cost adjacent to plat and PID No. 220210052012 (excluding grading and restoration) City’s cost share City’s credit for trail adjacent to plat $26,673.50 + $4,501.47 = $31,174.97 Estimated trail cost adjacent to PID No. 220210053010 (including engineering, grading and restoration) City’s credit for trail adjacent to plat Estimated credit to Developer’s Park Dedication for trail construction The trail design and location will be determined with the final construction plans. The City will provide the credit for the trail construction, within 30 days of receipt of written request for payment conditioned on the following: 1. The trail has been inspected and accepted by the City. 2. The Developer has submitted to the City the final pay estimate, invoice, and lien waiver from the Contractor. The City will review the final pay estimate and quantities for accuracy. The City’s Parks, Trails, and Open Space Plan identifies a 10-foot wide bituminous trail along the north side of 202nd Street. The Developer must pay a cash fee in the amount of $1,184.31 at the time of final plat approval for the Developer’s 5/8th portion of the future trail construction costs adjacent to Lot 5, Block 2, Berres Ridge 1st Addition, consistent with City policy and the Berres Ridge 1st Addition Development Contract. The cash fee, based on an estimate provided by the Developer’s engineer, shall be submitted with the final plat, and prorated for the number of lots in Berres Ridge 2nd Addition, calculated as follows: $23,741.50 x 5/8 = $14,838.44 Future Trail Construction Cost (excluding grading and restoration) Developer’s Cost Share Developer’s Cost Share of Future Trail Construction $14,838.44 x (612.24/1320.4) x (63/366) = $1,184.31 Developer’s Cost Share of Future Trail Construction Portion Adjacent to Lot 5, Block 2, Berres Ridge 1st Addition Portion in Berres Ridge 2nd Addition Prorated Escrow for Future Trail Construction The remainder of the future trail construction cash escrow for 202nd Street adjacent to Lot 5, Block 2 will be collected when the remaining 242 lots (366-61-63) are final platted with future phases of Berres Ridge, or at the time Lot 5, Block 2 is final platted into lots and blocks. The cost of the remaining escrow may increase to reflect the cost of construction in the future. The trail will be constructed at the time 202nd Street is reconstructed to a four-lane divided urban roadway. 13 187641v3 25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $3,100.00 must be paid at the time of final plat approval, which includes four plow markers at $100.00 each, four stop and street blade combinations at $425.00 each, one stop and street blade with no outlet blades at $475.00, three hazard markers at $100.00 each, one future thru street sign at $75.00 and a mobilization fee of $150.00. If the street sign posts are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign post location. A cash fee for one-year of streetlight operating expenses in the amount of $2,121.84 must be paid at the time of final plat approval and is calculated as follows: 63 units x $8.42/unit/qtr. x 4 qtrs. = $2,121.84 Total Units In Berres Ridge 2nd Addition Streetlight Operating Fee Total 26. ENVIRONMENTAL RESOURCES EXPENSES. The Developer must pay to the City a cash fee in the amount of $1,953.00 at the time of final plat approval for one year of environmental resources expenses for the subdivision. The fee was calculated as follows: 63 units x $7.75/unit/qtr. x 4 qtrs. = $1,953.00 Total Units In Berres Ridge 2nd Addition Environmental Resources Fee Total 27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to 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 14 187641v3 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. TREE PRESERVATION. The tree preservation plan satisfies City requirements. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. The Developer is required to post a security at the time of final plat approval 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: 2 Outlots (Outlots Aand B) @ $1,000.00 each = $2,000.00 4 Lots (Lots 1 thru 4), Block 1) @ $1,500.00 each = $6,000.00 Total = $8,000.00 A final landscaping/planting plan must be completed for the infiltration/filtration and ponding areas with the construction plans. The plan should include native seeding, trees and shrubs that are suitable for infiltration/filtration basins. 29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the June 29, 2016, Engineering Report. B. The City is the fee owner of Outlot B, St. John’s First Addition (“City Stormwater Pond Parcel”). Developer desires to acquire a portion of the City Stormwater Pond Parcel for lots 15 187641v3 within the Plat equivalent to .08 acres and will reconvey the remaining portion of the City Stormwater Pond Parcel together with additional property (equivalent to .28 acres) as Outlot A. To complete this transaction, the City will convey the City Stormwater Pond Parcel to Developer by quit claim deed immediately prior to recording of the Plat and Developer shall convey Outlots A and B to the City by warranty deed, free and clear of any and all encumbrances. If the Plat is rejected by the County for recording for any reason or not recorded within 30 days of the City’s conveyance of the City Stormwater Pond Parcel, the Developer shall immediately reconvey to the City Outlot B, St. John’s First Addition, free and clear of all encumbrances. C. The following corner lots that are located along 200th Street must have their driveways access the adjacent side street: Lots 1, 11, and 12, Block 1; Lots 9 and 10, Block 2; Lot 3, Block 3; and Lot 12, Block 5. D. The Developer must install “Future Street Extension” signs and barricades at the end of Henley Lane until it is extended in the future. E. The Developer must install “Future Street Extension” signs and barricades at the end of Hexham Way until it is extended in the future. F. The Developer must install a temporary turnaround on the north end of Hexham Way. Before the City signs the final plat, the Developer shall furnish the City an appropriately executed public temporary turnaround easement, in recordable form, and furnish a cash escrow in the amount of $2,500.00 for the future removal and restoration of the temporary turnaround. G. The Developer shall provide to the City: (i) temporary drainage and utility easement across all of Outlot C, Berres Ridge 2nd Addition, which shall terminate upon the platting of said Outlot into lots and blocks; and 16 187641v3 (ii) temporary drainage and utility easement across all of Outlot E, Berres Ridge 2nd Addition, which shall terminate upon the platting of said Outlot into lots and blocks; and (iii) 10 foot temporary drainage and utility easement over a portion of Outlot F, Berres Ridge 2nd Addition, which shall terminate upon the platting of said Outlot into lots and blocks. H. The Developer must install traffic calming techniques along 200th Street, which will be designed and reviewed with the final construction plans. The traffic calming techniques may include, but are limited to; the construction of curb bump outs at intersections, traffic signs, and dynamic speed display signs. I. 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 $7,000.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 70 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. J. 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 $5,250.00. K. 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 $11,600.00 and consists of four (4) mast-arm street lights at $1,400.00 each and five (5) post-top street lights at $1,200.00 each. 17 187641v3 L. 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. 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("security") for $1,756,763.16, plus a cash fee of $46,238.75 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 $ 218,735.00 B. Watermain 259,917.50 C. Storm Sewer 397,005.50 D. Street Construction 540,633.55 E. **Erosion Control, Stormwater and Infiltration Basins, 125,000.00 Restoration, Grading and Grading Certification CONSTRUCTION SUB-TOTAL $ 1,541,291.55 CONSTRUCTION COSTS REQUIRED SUB-TOTAL $ 1,416,291.55 **The Developer provided the City with a security in the amount of $125,000 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%) $ 92,477.49 B. Developer’s Construction Survey (2.5%) 38,532.29 C. City Legal Expenses (Est. 0.5%) 7,706.46 D. City Construction Observation (Est. 7.0%) 107,890.41 E. Developer’s Record Drawings (0.5%) 7,706.46 F. Highview Avenue Sanitary Sewer 40,738.50 18 187641v3 G. Landscaping 18,820.00 H. Tree Preservation 8,000.00 I. Street Lights 11,600.00 J. Lot Corners/Iron Monuments 7,000.00 OTHER COSTS SUB-TOTAL $ 340,471.61 TOTAL SECURITIES: $ 1,756,763.16 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. 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Future Upgrade of 202nd Street $ 11,276.73 B. 202nd Street Future Trail Construction 1,184.31 C. Park Dedication 238,203.00 D. Sanitary Sewer Availability Charge 20,601.00 E. Trunk Storm Sewer Availability Charge 168,533.43 F. Future Removal of Temporary Cul-de-sac 2,500.00 19 187641v3 G. Traffic Control Signs 3,100.00 H. Street Light Operating Fee 2,121.84 I. Environmental Resources Expense 1,953.00 J. City Base Map Updating 5,250.00 K. City Engineering Administration 46,238.75 (3% for letters of credit or 3.25% for alternate disbursement) SUBTOTAL CASH REQUIREMENTS $ 500,962.06 CREDITS TO THE CASH REQUIREMENTS WITH FINAL PLAT Outlots A and B (Deeded to the City) (Trunk Storm Sewer) 6,435.00 TOTAL CASH REQUIREMENTS WITH FINAL PLAT $ 494,527.06 POST PLAT CASH CREDITS **Highview Avenue Trail (Park Dedication) (+) 31,174.97 **Highview Avenue Watermain (Trunk Water Fund) (+) 10,388.00 ESTIMATED POST PLAT CREDITS TO THE CASH REQUIREMENTS = $41,562.97 **Based on an estimated provided by the Developer’s engineer. The City will provide the credit for the Highview Avenue trail and watermain installation following construction, within 30 days of receipt of written request for payment conditioned on the following: 1. Trail and watermain have been inspected, tested, and accepted by the City. 2. Developer has submitted to the City the final pay estimate, invoice, and lien waiver from the Contractor. The City will review the final pay estimate and quantities for accuracy. 32. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. 20 187641v3 The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 33. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. 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. 21 187641v3 F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 34. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 35. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. 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 22 187641v3 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 23 187641v3 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 24 187641v3 Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 10519 165TH Street West, Lakeville, Minnesota 55044. 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.] 25 187641v3 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 27 187641v3 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT JOANNE BERRES, AS TRUSTEE OF THE JOANNE BERRES MARITAL TRUST DATED NOVEMBER 8, 2011, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by the Trust. Dated this _____ day of ____________, 2016. JOANNE BERRES MARITAL TRUST DATED NOVEMBER 8, 2011 By: Joanne Berres, Trustee STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2016, by Joanne Berres as Trustee of the Joanne Berres Marital Trust dated November 8, 2011, on its behalf. _________________________________________ 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 28 187641v3 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT KLEINBANK, a Minnesota corporation, which holds two mortgages 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 1 187674v1 (Reserved for Recording Data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 Dated: _______________ FOR VALUABLE CONSIDERATION, CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to BERRES RIDGE DEV. CO., LLC, a Minnesota limited liability company, Grantee, real property in Dakota County, Minnesota, described as follows: Outlot B, ST. JOHN'S FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. together with all hereditaments and appurtenances belonging thereto. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. The consideration for this transfer was less than $500.00. CITY OF LAKEVILLE (SEAL) BY: ___________________________ Matt Little, Mayor AND: Charlene Friedges, City Clerk 187674v1 2 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 said corporation and pursuant to the authority granted by its City Council. _____________________________________ NOTARY PUBLIC Check here if part or all of the land is Registered (Torrens) ____ Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): Berres Ridge Dev. Co., LLC 10519 165th Street West Lakeville, MN 55044 THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/cjh 1 2        3          4 5     ± Berres Ridge 2nd Add. Final Plat area H I G H V I E W A V E 194 th St 200TH ST HA M B U R G A V E 202ND ST (CSAH 50) 195TH ST City of LakevilleLocation MapBerres Ridge2nd AddFinal PlatEXHIBIT A H E R I T A G E D R H E A T H A V E 200TH ST                       PRELIMINARY PLAT TSS 5                                                                                                                                                                                                        P R E L I M I N A R Y P L A T T S S 6           BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 22 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 33 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 44 OOFF 1133        BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 55 OOFF 1133   BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 66 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 77 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 88 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 99 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 1100 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 1111 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 1122 OOFF 1133 BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJUUNNEE 2299,, 22001166 PPAAGGEE 1133 OOFF 1133