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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BERRES RIDGE 3RD ADDITION
CONTRACT dated ____________________, 2017, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and BERRES RIDGE DEV. CO., LLC, a Minnesota limited
liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Berres Ridge 3rd 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:
Lots 4 and 5, Block 2, Berres Ridge 1st Addition, according to the recorded
plat thereof, Dakota County, Minnesota.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
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
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satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within six (6) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For six (6) 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
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without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
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
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shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as
constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
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
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C. MnDot for Work in Right-of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2017, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed between August 15th and October 15th the first summer after the base
layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases and the extended completion date. Final wear course
placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
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
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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
four (4) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross
sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
“conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City
Code Section 10-3-5.NN. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined by the City
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Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and
testing report, including referenced development phases and lot descriptions, shall be submitted to the
Building Official for review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as-built certificate of survey for single family lots must
be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
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
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include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City’s in-house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated
construction cost.
19. STORM SEWER AREA CHARGE. Development of Berres Ridge 3rd Addition includes
the construction of public storm sewer systems. 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 basin located within Outlot B.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels, and must be
paid at the time of final plat approval, calculated as follows:
Gross Area of Berres Ridge 3rd Addition 882,218.00 s.f.
Less Area of Outlot A (Stormwater Management Basin) (-) 11,648.00 s.f.
Less Area of Outlot B (Stormwater Management Basins) (-) 79,016.00 s.f.
Less Area of Outlot C (Future Development) (-) 15,473.00 s.f.
Less Area of Outlot D (Future Development) (-) 22,654.00 s.f.
Less Area of Outlot E (Future Development) (-) 11,085.00 s.f.
Less Area of Outlot F (Future Development) (-) 100,126.00 s.f.
Total = 642,216.00 s.f.
642,216.00 s.f. x $0.178/s.f. = $114,314.45
Net Area of Berres Ridge 3rd
Addition
Area Charge Total
The remainder of the Trunk Storm Sewer Area Charge will be collected at the time Outlots C, D,
E, and F are final platted into lots and blocks, at the rate in effect at the time of final plat.
The Developer shall receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots
A and B to the City, consistent with City policy. The credit is based on the area of the outlots calculated
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at the rate of $5,550.00 per acre, and will be applied to the Berres Ridge 3rd Addition final plat cash fees.
The credit is calculated as follows:
(0.27 acres + 1.81 acres) x $5,500/acre = $11,440.00
Total Area of Outlot A Total Area of Outlot B Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER AVAILABILITY CHARGE. Development of Berres Ridge 3rd Addition
includes the extension of public sanitary sewer. Sanitary sewer will be extended within the subdivision to
provide sanitary sewer service to the development.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must be
paid at the time of final plat approval. The fee is based on the current rate in effect at the time of final plat
approval, calculated as follows:
47 units x $327.00 = $15,369.00
Total Units In Berres
Ridge 3rd Addition
Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge Required
With Berres Ridge 3rd Addition
21. WATERMAIN. Development of Berres Ridge 3rd Addition includes the extension of public
watermain. Watermain will be extended within the development to provide water service to the
subdivision.
Consistent with the City’s Water Plan and the Berres Ridge 1st Addition Development Contract,
the Developer shall extend 16-inch watermain along 202nd Street, from the existing stub to Hamburg
Avenue and 12-inch watermain along Hamburg Avenue from 202nd Street to the north plat boundary. The
City will credit the Developer’s cash fees an estimated $43,620.50 for ½ of the cost of 8-inch watermain
along Hamburg Avenue and the oversizing of the 12-inch watermain. The City will provide the credit for
the watermain installation following construction, within thirty (30) days of receipt of written request for
payment conditioned on the following:
1. Watermain has been inspected, tested and accepted by the City; and
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2. Developer has submitted to the City the final pay estimate, invoice, and lien waiver from
the contractor.
The City will collect the remaining ½ of the cost of the 8-inch watermain along Hamburg Avenue
in the form of the Lateral Watermain Access Charge. This will be collected at the time the properties east
of Hamburg Avenue are developed and connect to City potable water.
The Developer shall provide a cash escrow for the portion of 12-inch watermain along Hamburg
Avenue adjacent to Outlot C and the 16-inch watermain along 202nd Street adjacent to the plat that will
not be installed with the plat improvements. The Developer must provide the escrow for the future
watermain installation, estimated at $22,532.50, once the construction costs are determined following
award of a contract, within thirty (30) days of receipt of written request for reimbursement.
The Developer shall install 8-inch watermain stubs to the east Hamburg Avenue right-of-way at
the locations of Harvest Drive and 201st Street to provide a future looped distribution system.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision via 200th Street by
way of Hamburg Avenue. No construction traffic is permitted on the adjacent local streets constructed with
Berres Ridge 1st or 2nd Additions.
The Developer must maintain and reconstruct Hamburg Avenue to the pre-construction condition
following the completion of the street and utility construction. The Developer must post a $10,000.00
security at the time of final plat approval to ensure the restoration of Hamburg Avenue.
23. PARK, TRAILS AND SIDEWALKS. The Park Dedication requirement has not been
collected on the parent parcels and must be satisfied through a cash contribution to be paid by the
Developer at the time of final plat approval. The Park Dedication Fee will be based on the rate in effect at
the time of final plat approval, calculated as follows:
47 units x $3,781.00 = $177,707.00
Total Units
In Berres Ridge 3rd Addition
Park Dedication Fee Park Dedication Requirement
Development of Berres Ridge 3rd Addition includes the construction of public sidewalks. Five-foot
wide concrete sidewalks, with pedestrian curb ramps, shall be installed along one side of all local streets
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and along both sides of 200th Street. The Developer shall construct and extend the sidewalk along the
east side of Harness Avenue, adjacent to Lot 1, Block 2 with the final plat improvements.
The City’s Parks, Trails, and Open Space Plan identifies a 10-foot wide bituminous trail along the
north side of 202nd Street. At the time of final plat approval the Developer must pay a cash fee for the
remainder of the Developer’s 5/8th portion of the future trail construction costs adjacent to Lot 5, Block 2,
Berres Ridge 1st Addition, consistent with City policy and the Berres Ridge 1st and 2nd Addition
Development Contract. The cash fee is based on an estimate provided by the Developer’s engineer,
calculated as follows:
$23,741.50 x 5/8 = $14,838.44
Future Trail Construction Cost
(excluding grading and restoration)
Developer’s Cost Share Developer’s Cost Share
of
Future Trail Construction
$14,838.44 x (612.24/1320.4) x (242/366) = $4,549.24
Developer’s Cost
Share of
Future Trail
Construction
Portion Adjacent to Lot
5, Block 2, Berres Ridge
1st Addition
Remaining Lots in Berres
Ridge
Required Escrow for Future Trail
Construction
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the amount of $2,800.00 must be paid at the time of final plat approval, which
includes four plow markers at $100.00 each, two stop and street blade combinations at $450.00 each,
nine nine-button delineators at $125.00 each, three future thru street signs at $75.00 each and a
mobilization fee of $150.00. If the street sign posts are installed during frost conditions, the Developer
shall pay an additional $150.00 for each street sign post location.
A cash fee for one-year of streetlight operating expenses must be paid at the time of final plat
approval and is calculated as follows:
47 units x $35.03/unit. = $1,646.41
Total Units
In Berres Ridge 3rd Addition
Streetlight Operating Fee Total
25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay to the City
$1,748.40 in payment of the first year environmental resources expenses for the subdivision. The fee was
calculated as follows: 47 lots at $37.20 per lot.
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26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches
caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be
planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side
yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee
compliance with the landscaping requirements. If the landscaping is not completed in a timely manner,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon
satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the
City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted
to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements
shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is
responsible for contacting the City when all the landscaping has been installed to set up an inspection.
Fifty percent (50%) of the security will be released when all the landscaping has been installed and
inspected by City staff and the remaining fifty percent (50%) will be released one year after the
landscaping inspection and any warranty work has been completed.
27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the February 7, 2017 Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by
warranty deed, free and clear of any and all encumbrances.
C. The Berres Ridge 3rd Addition site includes two existing homesteads, accessory buildings,
septic systems, driveways, culverts, inlet aprons, fences, and landscaping materials that must
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be removed and the wells must be abandoned with the final plat. The Developer must post a
$50,000.00 security at the time of final plat approval to ensure that removals are completed per
all applicable codes and regulations.
D. The Developer must convey a 20-foot wide temporary construction easement to the City on Lot
4, Block 5 and a 50-foot wide temporary construction easement to the City on Lots 5, 6, 7, and
8, Block 5 and Outlot C at the time of final plat approval for the future construction and grading
of the 202nd Street Reconstruction Project.
E. Berres Ridge 3rd Addition includes grading and utility construction within the Hamburg Avenue
right-of-way outside of the plat boundary. A portion of this area is shown on the Flood Insurance
Rate Map (FIRM) as Zone AE, Floodway District, as determined by the Federal Emergency
Management Agency (FEMA). Based on this designation, the improvements are proposed
within a Special Flood Hazard Area (SFHA). The Developer is proposing to construct roadway
and utility improvements within the Floodway District, allowed per Zoning Ordinance Section 11-
101-11. The Developer shall be responsible for any requirements deemed necessary for
construction of the streets and utilities within the Floodway District, including but not limited to
obtaining a CLOM-R. Grading and utility construction within the SFHA will not be permitted until
authorization has been granted by the Department of Natural Resources (DNR).
F. A portion of the cash fee for the future upgrade of 202nd Street (124 of 366 lots) was collected
with previous phases of the subdivision. The remaining portion of the cash fee is due at the
time of final plat approval. The fee is based on the rate in effect at the time of final plat
approval, as outlined in the Berres Ridge 1st Addition Development Contract, calculated as
follows:
612.24 Feet x (242/366) = 404.81 Feet
Lot 5, Block 2, Berres Ridge 1st Addition
Front Footage along 202nd Street
Remaining Lots in Berres Ridge
preliminary plat
Front Footage Required with
Berres Ridge 3rd Addition
404.81 Feet x $107.00/Front Foot = $43,314.67
Front Footage Required with
Berres Ridge 3rd Addition
Future Upgrade Fee Rate Total Future Upgrade
Fee Required with final plat
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G. Development of Berres Ridge 3rd Addition includes the construction and extension of 200th
Street. “Future Street Extension” signs and barricade must be placed at the east end of 200th
Street until it is extended in the future. A temporary cul-de-sac must be constructed at the east
end of 200th Street within a temporary turnaround easement. The temporary turnaround must
be paved within one year of construction unless the roadway is extended. Before the City signs
the final plat, the Developer shall furnish the City an appropriately executed public turnaround
easement, in recordable form, and shall also provide a $2,000.00 cash escrow at the time of
final plat approval to guarantee removal and restoration of the temporary turnaround. The
Developer is required to install traffic calming techniques along 200th Street which may include
the construction of curb bump outs at intersections, traffic signs, and dynamic speed display
signs.
H. The following corner lots located along 200th Street must have their driveways access the
adjacent side street: Lots 1 and 4, Block 2 and Lot 1, Block 3.
I. Development of Berres Ridge 3rd Addition includes the construction and extension of 201st
Street and Harvest Drive. “Future Street Extension” signs and barricades must be placed at the
east end of the streets until they are extended in the future. Temporary cul-de-sacs must be
constructed at the east end of 201st Street and Harvest Drive within a temporary turnaround
easement. The temporary turnaround must be paved within one year of construction unless the
roadway is extended. Before the City signs the final plat, the Developer shall furnish the City an
appropriately executed public temporary turnaround easement, in recordable form, and shall
also provide a $4,000.00 cash escrow at the time of final plat approval to guarantee removal
and restoration of the temporary turnaround.
J. The Developer must remove the existing temporary cul-de-sac on Harvest Drive and restore the
right-of-way and easement area with the final plat improvements. The Developer will receive a
$2,000.00 credit to its cash fees for the removal and restoration of the temporary cul-de-sac.
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K. The Developer is responsible for future buffer yard landscaping of Outlots A and C and at the
rear of Lots 4, 5, 6, 7, and 8, Block 5 as provided in the Landscaping Plan, which must be
completed with the development of Berres Ridge 5th Addition and after completion of the
reconstruction of 202nd Street/CSAH 50. Notwithstanding the foregoing, the landscaping must
be completed no later than December 31, 2020. Developer shall post a letter of credit in the
amount of $10,150.00 to guarantee the installation and completion of future landscaping to
Outlots A and C and at the rear of Lots 4, 5, 6, 7, and 8, Block 5 prior to release of the plat for
recording. If Developer posts a letter of credit, Developer may choose at a later date to replace
the letter of credit with a cash escrow or an alternative letter of credit with a future addition. Fifty
percent (50%) of the security will be released when all the landscaping has been installed and
inspected and approved by the City and the remaining fifty percent (50%) will be released one
year after the landscaping inspection and any warranty work has been completed.
L. The overhead utility lines and poles along the west side of Hamburg Avenue adjacent to the plat
may remain with the development of Berres Ridge 3rd Addition; however, the Developer will be
required to place the overhead utilities underground and remove the poles with Phase 5 of the
Revised Phasing Plan for Berres Ridge, consistent with the City’s Public Ways and Property
Ordinance and Berres Ridge 1st Addition Development Contract. The Developer may be
required to coordinate and perform the overhead removal prior to City Council approval of the
final plat for Phase 5 to facilitate the 202nd Street Reconstruction Project in 2019.
M. 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 $5,300.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 53
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
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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.
N. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $4,770.00.
O. 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 $8,600.00 and consists of one (1) mast-arm street light at $1,400.00 and six
(6) post-top street lights at $1,200.00 each.
P. 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.
28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $1,567,742.84, plus a cash fee of $39,556.76 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 $ 226,665.00
B. Watermain 257,088.00
C. Storm Sewer 295,328.00
D. Street Construction 380,636.70
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E. Erosion Control, Stormwater and Filtration Basins, 158,840.90
Restoration, Grading and Grading Certification
CONSTRUCTION SUB-TOTAL $ 1,318,558.60
OTHER COSTS:
A. Developer’s Design (3.0%) $ 39,556.76
B. Developer’s Construction Survey (2.5%) 32,963.97
C. City Legal Expenses (Est. 0.5%) 6,592.79
D. City Construction Observation (Est. 5.0%) 65,927.93
E. Developer’s Record Drawings (0.5%) 6,592.79
F. Remove Buildings and Site Encroachments 50,000.00
G. Restore Hamburg Avenue Following Utility Installation 10,000.00
H. Landscaping 23,650.00
I. Street Lights 8,600.00
J. Lot Corners/Iron Monuments 5,300.00
OTHER COSTS SUB-TOTAL $ 249,184.24
TOTAL SECURITIES: $ 1,567,742.84
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, on five (5) business
days written notice to the Developer, for any violation of the terms of this Contract or without notice if the
security is allowed to lapse prior to the end of the required term. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down
without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of
proof satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the
financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the
Developer's engineer shall be retained as security until all improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" plans have been received by the City, a
warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
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29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Future Upgrade of 202nd Street $ 43,314.67
B. 202nd Street Future Trail Construction 4,549.24
C. Park Dedication Fee 177,707.00
D. Sanitary Sewer Availability Charge 15,369.00
E. Trunk Storm Sewer Area Charge 114,314.45
F. Future Removal of Temporary Cul-de-sac 6,000.00
G. Traffic Control Signs 2,800.00
H. Street Light Operating Fee 1,646.41
I. Environmental Resources Expenses 1,748.40
J. City Base Map Updating 4,770.00
K. City Engineering Administration 39,556.76 (3% for letters of credit or 3.25% for alternate disbursement)
SUBTOTAL - CASH REQUIREMENTS $ 411,775.93
CREDITS TO THE CASH REQUIREMENTS WITH FINAL PLAT
Outlots A and B (Deeded to the City) (Trunk Storm Sewer) $ 11,440.00
Remove Temporary cul-de-sac (Escrow No. 8397) 2,000.00
SUBTOTAL - CREDITS TO CASH REQUIREMENT = $ 13,440.00
TOTAL CASH REQUIREMENTS WITH FINAL PLAT $ 398,335.93
POST PLAT CASH CREDITS
** Hamburg Ave. Watermain Oversizing (Trunk Water Fund) $ 43,620.50
ESTIMATED POST PLAT CREDITS TO
CASH REQUIREMENT $ 43,620.50
POST PLAT CASH ESCROW
** Future Watermain along 202nd Street and Hamburg $ 22,532.50
Avenue (Trunk Water Fund)
ESTIMATED POST PLAT ESCROW REQUIRED
BY DEVELOPER $ 22,532.50
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**Based on estimate provided by the Developer’s engineer. The City will provide the credit for the
Hamburg Avenue watermain installation following construction, within 30 days of receipt of written
request for payment conditioned on the following:
1. Watermain has been inspected, tested and accepted by the City.
2. Developer has submitted to the City the final pay estimate, invoice, and lien waiver from the
contractor. The City will review the final pay estimate and quantities for accuracy.
The Developer shall provide the escrow for the cost of the future watermain installation along Hamburg
Avenue and 202nd Street once the construction costs are determined following award of a contract, within
30 days of receipt of written request for reimbursement.
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
31. 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.
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B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
32. 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
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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.
33. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits, except four (4) model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the
City’s zoning ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
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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
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
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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
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,
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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.
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.
34. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 10519 165TH Street West, Lakeville, Minnesota 55044. Notices to the City shall be in
writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail
in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044.
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CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2017, by Douglas P. Anderson 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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MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
KLEINBANK, a Minnesota banking corporation, which holds a mortgage on all or part of the
subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2017.
KLEINBANK
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2017,
by ___________________________________ the ___________________________________ of
KleinBank, a Minnesota banking corporation, on behalf of said corporation.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP:cjh
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CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORSLANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORSLANDSCAPE ARCHITECTS
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 22 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 33 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 44 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 55 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 66 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 77 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 88 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 99 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 1100 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 1111 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 1122 OOFF 1133
BBEERRRREESS RRIIDDGGEE 33RRDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 77,, 22001177
PPAAGGEE 1133 OOFF 1133