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HomeMy WebLinkAboutItem 08    ☐☐ (Reserved for Dakota County Recording Information ) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING THE FINAL PLAT OF KENWOOD PLACE WHEREAS, the owner of the plat described as Kenwood Place has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the approved preliminary plat; and WHEREAS, the final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Kenwood Place is hereby approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the development contract and final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 3rd day of October 2016. CITY OF LAKEVILLE BY: _____________________ Matt Little, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 3rd day of October 2016, as shown by the minutes of said meeting in my possession. ________________________ Charlene Friedges, City Clerk (SEAL) 1 189211v2 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) KENWOOD PLACE CONTRACT dated ____________________, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and THE JARVIS COMPANY, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for KENWOOD PLACE (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 2 189211v2 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 3 189211v2 and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional 4 189211v2 engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of -Way 5 189211v2 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 the private streets. The final wear course on the private 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 6 189211v2 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 model home permits for one building 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 7 189211v2 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 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 public improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during 8 189211v2 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 five percent (5%) of the estimated construction cost. 19. STORM SEWER. Development of Kenwood Place includes the construction of a public and private storm sewer system. Privately owned and maintained storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the private streets and lots to the public stormwater management basin located within Outlot C. The public storm sewer will consist of a culvert designed to convey stormwater discharge from the wetland within Outlot B. Any draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Trunk Storm Sewer Area Charge was satisfied through an easement agreement for the stormwater management basin for City Project No. 13-07. 20. SANITARY SEWER. Development of Kenwood Place includes the extension of public sanitary sewer. Public sanitary sewer will be extended within the subdivision to provide sanitary sewer service to the lots within Block 1. Public sanitary sewer within Kenyon Avenue will provide service to Lot 1, Block 2 and Lot 1, Block 3. The Sanitary Sewer Availability Charge has been collected on the parent parcels and is not required with the final plat. 21. WATERMAIN. Development of Kenwood Place includes the extension of public watermain to provide water service to the development. The City will construct public watermain within Kenyon Avenue in 2016 with City Project No. 13-07. The Developer will extend watermain from a stub off of Kenyon Avenue within the townhome development to provide water service to the lots within Block 1. 9 189211v2 The Developer shall extend watermain from Kerrick Court to the south plat boundary to provide for a future looped distribution system. 22. RETAINING WALLS. Development of Kenwood Place includes the construction of four (4) privately owned and maintained retaining walls located on Lot 31, Block 1 (to be owned by the Kenwood Place Homeowners Association). Any retaining wall that is greater than four (4) feet in combined height shall be designed by a registered geotechnical or structural engineer, must be approved by the building official, and is subject to issuance of a building permit. All retaining walls must be designed and constructed meeting MnDOT requirements and constructed prior to the issuance of building permits, with the exception of the model homes described in Paragraph 15. 23. OVERHEAD LINES. Consistent with the City’s Public Ways and Property Ordinance, the Developer shall place underground all existing utility lines and poles adjacent to or within the Kenwood Place plat. The existing overhead utility lines and poles are located south of and within Lot 1, Block 3 and within the 172nd Street right-of-way. The Developer must post a $20,000.00 security at the time of final plat approval to ensure that the overhead utility lines and poles are removed. 24. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction shall be determined prior to construction and must be reviewed and approved by City staff. The Developer is required to coordinate access and construction schedule with the City and its contractor during construction of City Project No. 13-07. 25. PARKS, TRAILS AND SIDEWALKS. The Park Dedication requirement for Lot 1, Block 2 and Lot 1, Block 3 was satisfied through an easement agreement for right-of-way for City Project No. 13- 07. The Park Dedication requirement for the remainder of the parent parcels has not been collected and must be satisfied at the time of final plat approval through a cash contribution that is calculated as follows: 30 x $2,572.00 = $77,160.00 Townhome Units in Kenwood Place 2016 Medium Density Residential Park Dedication Rate per dwelling unit Total 10 189211v2 Development of Kenwood Place includes the construction of a public sidewalk. The Developer shall construct a concrete sidewalk, with pedestrian curb ramps, along the west side of Kenyon Avenue adjacent to Outlot C and pay a $9,237.00 cash fee at the time of final plat approval for the future sidewalk construction along Kenyon Avenue adjacent to Outlot B. The escrow amount is based on the City Project No. 13-07 contract unit prices for sidewalk and pedestrian curb ramps. 26. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $74,000.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 27. TREE PRESERVATION. The tree preservation plan shows a total 711 significant trees within the subject property. The plan proposes to save 297 (42%) trees. The Developer must post a $1,000.00 security at the time of final plat approval for preservation of trees. 28. TRAFFIC CONTROL SIGNS AND STREETLIGHT OPERATION COSTS. The Developer must pay a cash fee for traffic control signs in the amount of $720.00 at the time of final plat approval, which includes a stop and street blade combination with no outlet blades at $550.00 and a mobilization fee of $170.00 If the street sign post is installed during frost conditions, the Developer must pay an additional $150.00. A cash fee for one-year of streetlight operating expenses must be paid at the time of final plat approval and is calculated as follows: 30 units x $8.42/unit/qtr. x 4 qtrs. = $,1010.40 Residential Dwelling Units Streetlight Operating Fee Total (379.36 f.f. + 313.80 f.f. ) x $.2357/f.f/qtr. x 4 qtrs. = $653.51 Lot 1, Block 2 Kenyon Avenue Frontage Lot 1, Block 3 Kenyon Avenue Frontage Streetlight Operating Fee Total $1,010.40 + $653.51 = $1,663.91 Residential Commercial Total 29. ENVIRONMENTAL RESOURCES EXPENSES. A cash fee for one-year of Environmental Resources expenses shall be paid at the time of final plat approval and is calculated as follows: 11 189211v2 30 units x $1.94/unit/qtr. x 4 qtrs. = $232.80 Residential Dwelling Units Multi-Family Environmental Resources Fee Total 2.95 acres x 4.20 x $7.75/unit/qtr. x 4 qtrs. = $384.09 Lot 1, Block 2, and Lot 1, Block 3 Commercial/Industrial Residential Equivalent Utility Factor Environmental Resources Fee Total $232.80 + $384.09 = $616.89 Residential Commercial Total 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the September 20, 2016, Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlots A, B, and D to the City by warranty deed, free and clear of any and all encumbrances. C. Before the City signs the final plat, the Developer shall convey Outlot C to the City by quit claim deed and provide the City with a title policy for the fair market value of the outlot. D. Kerrick Court must be posted as no parking on the west side. E. A homeowner’s association must be established and maintained for the Kenwood Place development as required by Section 11-58-19 of the Zoning Ordinance. F. The Developer must remove driveways and curb cuts along Kenwood Trail and Klamath Trail. The Developer must post a $5,000.00 security at the time of final plat approval to ensure that this work is completed and certified per all applicable codes and regulations. G. The construction of City Project No. 13-07 required the removal of existing fences, septic tanks and debris that were located within the City’s roadway easement. The Developer must pay a $734.00 cash fee at the time of final plat approval for the cost of the removal of these encroachments. H. The Developer shall install Natural Area signs in thirty-three (33) locations along the property line adjacent to Outlots A, B, C, and D. The Developer must post a $4,950.00 security at the time of final plat approval to ensure the installation of the Natural Area signs. 12 189211v2 I. The Developer shall restore any areas with a native seed mix approved by City Staff within the wetland or wetland buffers necessary for utility construction. The Developer shall submit a $5,000.00 security for the reestablishement of wetlands and wetland buffers. 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 $3,700.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 37 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 $2,775.00. 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 $1,500.00 and consists of one LED mast-arm street light. 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. 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 13 189211v2 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 727,283.91, plus a cash fee of $16,469.97 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 $ 104,901.01 B. Watermain 98,945.00 C. Storm Sewer 69,308.00 D. Street Construction 195,845.00 E. Grading, Erosion Control, and Restoration 80,000.00 CONSTRUCTION SUB-TOTAL $ 548,999.01 OTHER COSTS: A. Developer’s Design (3.0%) $ 16,469.97 B. Developer’s Construction Survey (2.5%) 13,724.98 C. City Legal Expenses (Est. 0.5%) 2,745.00 D. City Construction Observation (Est. 5.0%) 27,449.95 E. Developer’s Record Drawings (0.5%) 2,745.00 F. Remove Existing Driveways and Curb Cuts 5,000.00 G. Remove Overhead Utilities 20,000.00 H. Landscaping 74,000.00 I. Tree Preservation 1,000.00 J. Wetland Buffer Reestablishment 5,000.00 K. Natural Area Signs 4,950.00 L. Street Lights 1,500.00 M. Lot Corners/Iron Monuments 3,700.00 OTHER COSTS SUB-TOTAL $ 178,284.90 TOTAL SECURITIES: $ 727,283.91 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 14 189211v2 security is allowed to lapse prior to the end of the required term. If the required 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. 33. 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 Fee $ 77,160.00 B. Future Sidewalk along Kenyon Avenue 9,237.00 C. Encroachment Removal 734.00 D. Streetlight Operating Fee 1,663.91 E. Traffic Control Signs 720.00 F. Environmental Resources Fee 616.89 G. City Base Map Updating Fee 2,775.00 H. City Engineering Administration 16,469.97 (3% for letters of credit or 3.25% for alternate disbursement) TOTAL CASH REQUIREMENTS $109,376.77 34. 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 15 189211v2 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. 35. 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 16 189211v2 (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. 36. 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. 37. 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. 17 189211v2 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 model home permits for one building 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. 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. 18 189211v2 I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows:  $500,000 – Bodily Injury by Disease per employee  $500,000 – Bodily Injury by Disease aggregate  $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall 19 189211v2 name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 20 189211v2 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. 38. 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: 6117 Blue Circle Drive, Minnetonka, Minnesota 55343. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] 21 189211v2 CITY OF LAKEVILLE BY: ___________________________________________ Matt Little, Mayor (SEAL) AND __________________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2016, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC 24 189211v2 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT WALL DEVELOPMENT COMPANY, LLC, a Minnesota limited liability company, 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 it. Dated this _____ day of ____________, 2016. WALL DEVELOPMENT COMPANY, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2016, by ________________________________, the ______________________ of Wall Development Company, LLC, a Minnesota limited liability company, 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 25 189211v2 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT CITY OF LAKEVILLE, a Minnesota municipal corporation, 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 it. Dated this _____ day of ____________, 2016. 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 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 26 189211v2 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as KENWOOD PLACE That part of the South Half of the Southwest Quarter of Section 1, lying Southerly of County Road No. 44 and lying Westerly of State Aid Highway No. 5; and that part of the North Half of the Northwest Quarter of Section 12, lying Westerly of State Aid Highway No. 5, EXCEPTING therefrom that part thereof lying Southwesterly of the Northeasterly right of way line of the Minneapolis, Northfield and Southern Railway. ALSO EXCEPTING therefrom: 1. Commencing at a point in the center line of Lyndale Road as laid out and used across the Northeast Quarter of the Northwest Quarter of said Section 12, which point is 330 feet North and 215 feet West of the Southeast corner of the Northeast Quarter of the Northwest Quarter; thence West 445 feet; thence North 330 feet; thence East 320 feet, more or less, to a point in the center line of said Lyndale Road; thence Southeasterly along the center line of said Lyndale Road to the place of beginning and being part of the Northeast Quarter of the Northwest Quarter of Section 12. 2. Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 12; thence North 00 degrees 10 minutes 40 seconds West, assumed bearing, along the East line of the Northeast Quarter of the Northwest Quarter 118.25 feet; thence South 89 degrees 33 minutes 27 seconds 148.36 feet to the point of beginning of the land to be described; thence South 88 degrees 15 minutes 20 seconds West 627.71 feet; thence North 02 degrees 38 minutes 09 seconds West 110 feet; thence North 84 degrees 00 minutes 03 seconds East 47.46 feet; thence North 37 degrees 48 minutes 54 seconds East 75.25 feet; thence South 82 degrees 14 minutes 40 seconds East 285.00 feet; thence North 81 degrees 15 minutes 20 seconds East 192.00 feet; thence South 24 degrees 39 minutes 37 seconds East 160.35 feet to the point of beginning. 3. That part of the Southwest Quarter of Section 1, and that part of the Northwest Quarter of Section 12, described as follows: Commencing at the intersection of the South line of Section 1 and the center line of County Road No. 17, said point of beginning being 535.25 feet West of the South Quarter corner of said Section 1; thence in a Northwesterly direction along the center line of said County Road No.17, a distance of 116.3 feet to its intersection with the center line of Orchard Lake Road; thence deflecting to the left 55 degrees 42 minutes in a Northwesterly direction along the center line of said Orchard Lake Road, a distance of 264.95 feet; thence in a Southeasterly direction, parallel with the center line of said County Road No. 17, a distance of 264.95 feet; thence in a Southeasterly direction, parallel with the center line of said Orchard Lake Road, a distance of 264.95 feet to the center line of County Road No. 17; thence Northwesterly along the center line of County Road No. 17, a distance of 148.65 feet to the point of beginning. 4. That part of the Northeast Quarter of the Northwest Quarter of Section 12, lying Westerly of Old Lyndale Road and Easterly of a line run parallel with and distant 60 feet Westerly of the following described line: From a point on the East and West quarter line of said Section 12, distant 337.0 feet West of the center of said Section 12, run Northeasterly at an angle of 68 degrees 33 minutes with said East and West quarter line for 1097.7 feet; thence deflect to the right at an angle of 133 degrees 15 minutes for 899.41 feet; thence deflect to the right at an angle of 156 degrees 57 minutes 30 seconds for 846.43 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 43 degrees 00 minutes for 806.17 feet; thence deflect to the left on a 5 degree 00 minute curve (delta angle 12 27 189211v2 degrees 46 minutes) for 255.33 feet and there terminating. (Warranty deed, by Walter R. Bullock and Lillian A. Bullock, to the State of Minnesota for highway right of way, recorded in Book No. 284 of Deeds, page 223, Document No. 306908). 5. That part of the Northeast Quarter of the Northwest Quarter of Section 12, described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northwest Quarter; thence West, along the South line of said Northeast Quarter of the Northwest Quarter, a distance of 771.82 feet to the point of beginning; thence Northerly 285 feet on a line through a point on a line drawn West, parallel with the South line of said Northeast Quarter of the Northwest Quarter, from a point on the East line of said Northeast Quarter of the Northwest Quarter, distant 264.0 feet North of the Southeast corner of said Northeast Quarter of the Northwest Quarter, said point being 783.16 feet West of the East line of said Northeast Quarter of the Northwest Quarter, thence West, parallel with the South line of said Northeast Quarter of the Northwest Quarter, a distance of 396.0 feet; thence Southwesterly at a deflection angle to the left of 29 degrees run to the Northeasterly right of way line of the Minneapolis, Northfield and Southern Railroad; thence Southeasterly along said right of way line to the South line of said Northeast Quarter of the Northwest Quarter; thence East along said South line to the point of beginning. 6. That part of the South Half of the Southwest Quarter of Section 1 and that part of the North Half of the Northwest Quarter of Section 12, lying Southerly of County Road No. 44; lying Northeasterly of the Northeasterly right of way of the Minneapolis, Northfield and Southern Railway; and lying Westerly and Northerly of the following described line: Commencing at the Northeast corner of the Northwest Quarter of said Section 12; thence bearing North 89 degrees 52 minutes 13 seconds West (assumed bearing), along the North line of the said Northwest Quarter, a distance of 1258.14 feet; thence bearing North 00 degrees 39 minutes 14 seconds East, a distance of 243.64 feet to a point on the center of County Road No. 44 and the point of beginning of the line to be described; thence bearing South 00 degrees 39 minutes 14 seconds West, a distance of 833.41 feet; thence bearing South 60 degrees 16 minutes 01 seconds West, a distance of 271.30 feet, more or less to the Northeasterly right of way line of the Minneapolis, Northfield and Southern Railway and there terminating. All of the above described property being in Township 114, Range 21, Dakota County, Minnesota. AND 1. Commencing at a point in the center line of Lyndale Road as laid out and used across the Northeast Quarter of the Northwest Quarter of said Section 12, which point is 330 feet North and 215 feet West of the Southeast corner of the Northeast Quarter of the Northwest Quarter; thence West 445 feet; thence North 330 feet; thence East 320 feet, more or less, to a point in the center line of said Lyndale Road; thence Southeasterly along the center line of said Lyndale Road to the place of beginning and being part of the Northeast Quarter of the Northwest Quarter of Section 12. 2. Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 12; thence North 00 degrees 10 minutes 40 seconds West, assumed bearing, along the East line of the Northeast Quarter of the Northwest Quarter 118.25 feet; thence South 89 degrees 33 minutes 27 seconds 148.36 feet to the point of beginning of the land to be described; thence South 88 degrees 15 minutes 20 seconds West 627.71 feet; thence North 02 degrees 38 minutes 09 seconds West 110 feet; thence North 84 degrees 00 minutes 03 seconds East 47.46 feet; thence North 37 degrees 48 minutes 54 seconds East 75.25 feet; thence South 82 degrees 14 minutes 40 seconds East 285.00 feet; thence North 81 degrees 15 minutes 20 seconds East 192.00 feet; thence South 24 degrees 39 minutes 37 seconds East 160.35 feet to the point of beginning. All of the above described property being in Township 114, Range 21, Dakota County, Minnesota. 2 3 4 ± C W KENWOOD PLACE Plat Area K E N W O O D T R L ( C S A H 5 ) KLAMATHTRL 172ND ST I N T E R S T AT E 3 5 K E N Y O N A V E KENY O N A V E R A I L R O A D KLAMATHTRL City of Lakeville Kenwood PlaceFinal PlatEXHIBIT A NORTH 0 40 80 1 INCH = 40 FEET SCALE IN FEET NORTH 0 50 100 1 INCH = 50 FEET SCALE IN FEET NORTH 0 40 80 1 INCH = 40 FEET SCALE IN FEET SOD SOD SOD PLANTING DETAILS TREE PLANTING1 No Scale NORTH 0 50 100 L3                                      Project: Kenwood Place Lakeville, Mn.              3 Iroquois Beauty Chokeberry #10 (Front medium foundation shrub) See Alternatives 6 Holmstrup Arborvitae #20 (Core plant) 7 Sem False Spirea #3 (Back medium foundation shrub) See Alternatives Enlarged Planting Plan for Unit Foundation L44 Orange Rocket Barberry #3 (Front small foundation shrub) See Alternatives 4 Prairie Dropseed #1 (Core plant) Alternate Plant Options List: Front Small Foundation Shrub Options: Planting Schemes for Units Front Medium Foundation Shrub Options: Back Medium Foundation Shrub Options: Iroquois Beauty Chokeberry #10 Sem False Spirea #3 Orange Rocket Barberry #3 Twist-n-Shout Hydrangea #3 Arctic Fire Dogwood #10 Golden Carousel Barberry #2 Little Devil Ninebark #5 Dwarf Bush Honeysuckle #5 Units that are physically connected shall have the identical plant scheme (see unit 1 and 2) Each set of connected units will have a coordinating but different plant scheme then unconnected set of neighboring units Plant schemes will alternate between each of the connected units but core plants will unify all structures Sod River Rock Mulch 3" over landscape fabric Hardwood Mulch In all foundation planting beds 4" deep Little Quick Fire Hydrangea #5 3 Front medium foundation shrub: See Alternatives Below 6 Holmstrup Arborvitae #20 (Core plant) 7 Back medium foundation shrub See Alternatives Below 4 Front small foundation shrub: See Alternatives Below 4 Prairie Dropseed #1 (Core plant) Plants for Units Planting Mix or loam topsoil in all foundation planting beds 12" deep Poly Edging See Tree Plan for trees around units (Flowering Crabs are included in unit scope of work) NORTH 0 10 20 UNIT FOUNDATION LANDSCAPE PLAN L4                     NO SCALE SHRUB PLANTING2 Project: Kenwood Place Lakeville, Mn. Job No. WDB15005 Drawing: VSURWDB005 vacate roads By: SPK Web: Date: Revised:License. No. NORTH 0 150 STREETS AND EASEMENTS TO BE VACATED FOR: STREET AND EASEMENT VACATION EXHIBIT WOODALE BUILDERS      KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 22 OOFF 1100      KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 33 OOFF 1100 KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 44 OOFF 1100 KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 55 OOFF 1100 KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 66 OOFF 1100 KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 77 OOFF 1100 KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 88 OOFF 1100 KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 99 OOFF 1100 KKEENNWWOOOODD PPLLAACCEE –– FFIINNAALL PPLLAATT SSEEPPTTEEMMBBEERR 2200,, 22001166 PPAAGGEE 1100 OOFF 1100