HomeMy WebLinkAboutItem 06.h
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(Reserved for Dakota County Recording Information )
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING THE FINAL PLAT OF
CHOKECHERRY HILL 5TH ADDITION
WHEREAS, the owner of the plat described as Chokecherry Hill 5th Addition has
requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and
the Parks, Recreation and Natural Resources Committee and approved by the City
Council; and
WHEREAS, the final plat is consistent with the approved preliminary plat; and
WHEREAS, the final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Chokecherry Hill 5th Addition is hereby approved subject to
the development contract and security requirements.
2. The Mayor and City Clerk are hereby directed to sign the development
contract and final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 17th 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 17th day of October 2016, as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CHOKECHERRY HILL 5TH ADDITION
CONTRACT dated ____________________, 2016, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and SHAMROCK DEVELOPMENT, INC., a Minnesota
corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Chokecherry Hill 5th 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 C, Chokecherry Hill 4th Addition, 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
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
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necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
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and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
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engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as
constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
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D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by 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.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
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operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
two (2) model home permits on lots acceptable to the Building Official), the Developer shall provide the City
with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on
file with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
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constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as-built certificate of survey for single family lots must
be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
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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 five percent (5%) of the estimated
construction cost.
19. STORM SEWER AREA CHARGE. Development of Chokecherry Hill 5th Addition
includes the construction of public storm sewer. 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 Outlot D, Chokecherry Hill 4th Addition.
The Trunk Storm Sewer Area Charge is due for the parent parcel and must be paid at the time of
final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows:
347,728.00 s.f. x $0.178/s.f. = $61,895.58
Net Area of
Chokecherry Hill 5th Addition
Area Charge Total Trunk Storm Sewer Area Charge
20. SANITARY SEWER AVAILABILITY CHARGE. Development of Chokecherry Hill 5th
Addition includes the extension of public sanitary sewer. Sanitary Sewer will be extended within the
subdivision to provide sewer services to the development from sewer currently under construction with
Chokecherry Hill 4th Addition. The Developer shall construct sanitary sewer services to Outlot A and B
and the exception parcels included in the ghost plat submitted with the Chokecherry Hill 5 th Addition final
plat. The sewer services are allowed to be extended to reduce impacts to the City streets in the future at
the time the outlot and exception parcels are final platted into lots and blocks.
The Sanitary Sewer Availability Charge is due for the parent parcel and must be paid at the time
of final plat approval. The fee will be based on the current rate in effect at the time of final plat approval
and is calculated as follows:
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18 units x $327.00 = $5,886.00
Total Dwelling Units
In Chokecherry Hill 5th Addition
Sanitary Sewer Availability Charge
Per Unit
Total Sanitary Sewer
Availability Charge
The Sanitary Sewer Availability Charge will be required to be paid for Outlots A and B and the exception
parcel at the time they are final platted into lots and blocks at the current rate in effect at the time of final
plat approval.
21. WATERMAIN. Watermain shall be extended within the development to provide water
service to the subdivision. Consistent with the City’s Water Plan, the Developer shall extend 20-inch
watermain along Highview Avenue to the north plat boundary. The Developer must pay to the City at the
time of final plat approval an $8,000.00 cash escrow for the future extension of its share of the future 20”
watermain along Highview Avenue adjacent to the plat.
Utility service connections for Chokecherry Hill 5th Addition will not be permitted until the utilities
constructed with the previous phase have been tested and accepted by the City.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision via a rock
construction entrance off of Hinton Avenue, via Holland Drive. No construction traffic is permitted on the
adjacent local streets.
23. PARK, TRAILS AND SIDEWALKS. Park Dedication has not been collected on the
parent parcel and will be satisfied through a cash contribution that must 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:
18 lots x $3,781.00 = $68,058.00
Lots in Chokecherry Hill 5th
Addition
Park Dedication Fee Park Dedication Requirement
Development of Chokecherry Hill 5th Addition includes the construction of public sidewalks and
trails. Five foot wide concrete sidewalks, with pedestrian curb ramps, shall be installed along one side of
all local streets, except Hinton Court. The City’s current Parks, Trails, and Open Space Plan identifies a
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trail along the west side of Highview Avenue adjacent to the plat. The Developer must pay a cash fee for
its 5/8th portion of the future trail construction costs adjacent to the plat along the west side of Highview
Avenue. The cash fee, based on an estimate provided by the Developer’s engineer, must be paid at the
time of final plat approval, calculated as follows:
$6,507.25 x 5/8 = $4,067.03
Future Trail Construction Cost
adjacent to Chokecherry Hill 5th
Addition (excluding grading and
restoration)
Developer’s Cost Share Total
24. FUTURE UPGRADE OF HIGHVIEW AVENUE. The cash fee for the future upgrade of
Highview Avenue has not been collected on the parent parcel and must be paid at the time of final plat
approval. The fee is based on the rate in effect at the time of final plat approval, calculated as follows:
260.29 x $107.00 / f.f. = $27,851.03
Front Footage Required
With Chokecherry Hill 5th Addition
Future Upgrade Fee
Total Required with
Chokecherry Hill 5th Addition
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the amount of $1,000.00 must be paid at the time of final plat approval, which
includes two stop and blade combinations at $425.00 each and a mobilization fee of $150.00. If the
street sign posts are installed during frost conditions, the Developer must pay an additional $150.00 for
each street sign post location.
A cash fee for one year of streetlight operating expenses must be paid at the time of final plat
approval and is calculated as follows:
18 units x $8.42/unit/qtr. x 4 qtrs. = $606.24
Dwelling Units Streetlight Operating Fee Total
26. ENVIRONMENTAL RESOURCES EXPENSES. The Developer must pay to the City at the
time of final plat approval a cash fee for the first year of environmental resources expenses for the
subdivision.
18 units x $7.75/unit/qtr. x 4 qtrs. = $558.00
Dwelling Units Environmental Resources Expense Total
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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, t he trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50%) of the security will be released when all the landscaping has been installed and inspected by City
staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and
any warranty work has been completed.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the October 6, 2016, Engineering Report.
B. The Developer must install a “Future Street Extension” sign and barricades at the east end of
188th Street until it is extended in the future.
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C. The Developer must remove the existing utility lines and poles adjacent to the Chokecherry Hill
5th Addition plat along Highview Avenue. The Developer must post a $10,000.00 security at the
time of final plat approval to ensure the burial of the overhead utility lines and poles.
D. The Developer must post a $12,000.00 security at the time of final plat approval to guarantee
installation of the buffer yard landscaping.
E. 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 $2,000.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 20
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.
F. 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 $1,500.00.
G. 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 $3,600.00 and consists of three (3) post-top street lights at $1,200.00 each.
H. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications.
29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
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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 $559,033.36, plus a cash fee of $14,298.66 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 $ 79,598.15
B. Watermain 83,872.60
C. Storm Sewer 66,767.69
D. Street Construction 224,383.40
E. Erosion Control, Grading and Grading Certification, 25,000.00
Stormwater Basins
SUBTOTAL CONSTRUCTION COSTS $ 476,621.84
OTHER COSTS:
A. Developer’s Design (3.0%) $ 14,298.66
B. Developer’s Construction Survey (2.5%) 11,915.55
C. City Legal Expenses (Est. 0.5%) 2,383.11
D. City Construction Observation (Est. 5.0%) 23,831.09
E. Developer’s Record Drawings (0.5%) 2,383.11
F. Landscaping 12,000.00
G. Street Lights 3,600.00
H. Bury Overhead Utilities and Remove Poles 10,000.00
Adjacent to Highview Avenue
I. Lot Corners/Iron Monuments 2,000.00
OTHER COSTS SUB-TOTAL $ 82,411.52
TOTAL SECURITIES: $ 559,033.36
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
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completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down
without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of
proof satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the
financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the
Developer's engineer shall be retained as security until all improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" plans have been received by the City, a
warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication Fee $ 68,058.00
B. Future Upgrade of Highview Avenue 27,851.03
C. Future Trail Along Highview Avenue 4,067.03
D. Future Watermain Construction Along Highview Avenue 8,000.00
E. Sanitary Sewer Availability Charge 5,886.00
F. Trunk Storm Sewer Area Charge 61,895.58
G. Traffic Control Signs 1,000.00
H. Streetlight Operating Fee 606.24
I. Environmental Resources Expenses 558.00
J. City Base Map Updating 1,500.00
K. City Engineering Administration 14,298.66 (3% for letters of credit or 3.25% for alternate disbursement)
TOTAL CASH REQUIREMENTS $ 193,720.54
31. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence after
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the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
32. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
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halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
34. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
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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 two (2) model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the
City’s zoning ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
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. 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
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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
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
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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.
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.
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M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 3200 Main Street N.W., Suite 300, Coon Rapids, Minnesota 55448. 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.]
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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
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Chokecherry Hill 5th
Addition Final Plat
City of LakevilleLocation Map
Chokecherry Hill
5th Add. Final Plat
EXHIBIT A
H O L Y O K E A V E
H I G H V I E W
A V E
188TH ST
189TH ST
HUNTLEY TRL
HOUSTON WAY H
O
L
L
A
N
D
D
R
190TH ST
CCHHOOKKEECCHHEERRRRYY HHIILLLL 55TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
OOCCTTOOBBEERR 66,, 22001166
PPAAGGEE 22 OOFF 88
CCHHOOKKEECCHHEERRRRYY HHIILLLL 55TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
OOCCTTOOBBEERR 66,, 22001166
PPAAGGEE 33 OOFF 88
CCHHOOKKEECCHHEERRRRYY HHIILLLL 55TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
OOCCTTOOBBEERR 66,, 22001166
PPAAGGEE 44 OOFF 88
CCHHOOKKEECCHHEERRRRYY HHIILLLL 55TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
OOCCTTOOBBEERR 66,, 22001166
PPAAGGEE 55 OOFF 88
CCHHOOKKEECCHHEERRRRYY HHIILLLL 55TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
OOCCTTOOBBEERR 66,, 22001166
PPAAGGEE 66 OOFF 88
CCHHOOKKEECCHHEERRRRYY HHIILLLL 55TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
OOCCTTOOBBEERR 66,, 22001166
PPAAGGEE 77 OOFF 88
CCHHOOKKEECCHHEERRRRYY HHIILLLL 55TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
OOCCTTOOBBEERR 66,, 22001166
PPAAGGEE 88 OOFF 88