HomeMy WebLinkAboutItem 06.e
Date: Item No.
TIMBERCREST AT LAKEVILLE 9TH ADDITION
REVISED PRELIMINARY AND FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving the
Timbercrest at Lakeville 9th Addition revised preliminary and final plat and amended and restated
development contract and planned unit development agreement.
Overview
The Timbercrest at Lakeville 9th Addition preliminary and final plat of one lot and two outlots and PUD
development stage plans for the construction of 208 multiple family dwelling units proposed by Roers
Companies, LLC was approved by the City Council on June 15, 2020. The two outlots included an outlot
(A) for future development to be retained by The Avalon Group, and an outlot (B) covering an existing
conservation easement to be deeded to the City. The Avalon Group representatives recently made staff
aware of issues pertaining to deeding Outlot B to the City, including impacts to the existing Timbercrest
at Lakeville declarations and the future development of Outlot A. Because there are no negative impacts
with the existing conservation easement being located within Lot 1 and Outlot A of the Timbercrest at
Lakeville 9th Addition final plat, instead of being within a separate outlot, staff recommends approval of
the revised preliminary and final plat and the amended and restated development contract and planned
unit development agreement.
Primary Issue to Consider
• Why has the development contract been amended? The City attorney prepared the amended and
restated development contract and planned unit development agreement to eliminate references to
Outlot B, to clarify wording related to Outlot A, and to add the property owner, Avalon-Timbercrest I,
LLC (a/k/a The Avalon Group), as a fee owner consent. Both the developer and the property owner
have signed the amended contract.
Supporting Information
• Plat resolution
• Signed amended and restated development contract and planned unit development agreement
• Revised preliminary and final plats
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Daryl Morey, Planning Director
August 3, 2020
Zoning and Subdivision Ordinances
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 20-____
RESOLUTION APPROVING THE REVISED PRELIMINARY AND FINAL PLAT OF
TIMBERCREST AT LAKEVILLE 9TH ADDITION AND AMENDED AND RESTATED
DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, the preliminary and final plat of Timbercrest at Lakeville 9th Addition,
which included one lot and two outlots, was approved by the City Council on June 15,
2020; and
WHEREAS, the owner of the plat described as Timbercrest at Lakeville 9th
Addition has submitted a revised preliminary and final plat that eliminates Outlot B as
requested by City staff; and
WHEREAS, the revised preliminary and final plat does not increase the number
of lots; and
WHEREAS, the revised preliminary and final plat meets Subdivision Ordinance
requirements;
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The Timbercrest at Lakeville 9th Addition revised preliminary and final plat are
hereby approved subject to the development contract and security
requirements.
2. The Mayor and City Clerk are hereby directed to sign the mylars of the
revised final plat, the amended and restated development contract and
planned unit development agreement, and all documents required pursuant to
the development contract.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 3rd day of August 2020.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. 20-___ is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 3rd day of August 2020 as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
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(reserved for recording information)
AMENDED AND RESTATED DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
TIMBERCREST AT LAKEVILLE 9TH ADDITION
THIS AMENDED AND RESTATED DEVEOPMENT CONTRACT AND PLANNED UNIT
DEVELOPMENT AGREEMENT dated ____________________, 2020 (“Contract”), by and between
the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and ROERS LAKEVILLE
APARTMENTS OWNER LLC, a Delaware limited liability company (the “Developer”).
RECITALS
WHEREAS, on June 15, 2020, the City of Lakeville adopted Resolution No. 20-63 granting
Developer plat approval for Timbercrest at Lakeville 9th Addition;
WHEREAS, the City and Developer entered into a Development Contract and Planned Unit
Development Agreement dated June 15, 2020 (“Original Development Contract”) for the Timbercrest at
Lakeville 9th Addition plat;
WHEREAS, the Developer desires to amend the plat approved pursuant to Resolution No. 20 -63 ,
and revisions to this Contract are necessary to amend and restate the Original Development Contract to
be consistent with the amended plat.
NOW, THEREFORE, the parties agree as follows:
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1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for
TIMBERCREST AT LAKEVILLE 9TH ADDITION (referred to in this Contract as the "plat"). The land is
situated in the County of Dakota, State of Minnesota, and is legally described as:
Outlot A, TIMBERCREST AT LAKEVILLE 7TH ADDITION, Dakota County, Minnesota,
according to the recorded plat thereof.
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
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. 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
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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
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
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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
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.
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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
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, 2021, 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.
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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
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.
The Developer is responsible for meeting all the requirements of the MPCA Construction Permit.
Additional erosion control measures may be required during construction as deemed necessary by City
staff. Any additional measures required shall be installed and maintained by the Developer.
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 a certificate of occupancy, 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
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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 all other items listed in City Code
Section 10-3-5.NN.
The final grading plan shall identify all areas in which the building footings will be placed on fill
material. The grading specifications shall also indicate that all embankments meet or exceed FHA/HUD 79G
specifications. The Developer shall certify to the City that all locations with footings placed on fill material are
appropriately constructed.
Timbercrest at Lakeville 9th Addition contains more than one acre of site disturbance. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A
copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the
MPCA.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in -house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be three
percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of
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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. The Developer shall construct a private storm sewer system including a
subsurface filtration system providing water quality, volume, and rate control. The private storm sewer
constructed within the lot will collect and convey stormwater runoff to the public storm sewer system on
Orchard Trail.
The Developer shall connect roof drains to the private stormwater system. No runoff from the
building or any impervious surfaces shall drain into the conservation easement. The Developer shall enter
into a stormwater maintenance agreement for the subsurface filtration system with the final plat.
The Trunk Storm Sewer Area Charge has been satisfied and will not be required with the final plat.
20. SANITARY SEWER. 8-inch public sanitary sewer has been extended within a drainage
and utility easement along Orchard Trail to provide utility service to the parcel. The Developer shall
extend privately owned and maintained sanitary sewer from SAN MH 02 and from an existing stub on the
south plat boundary as shown on the utility plan to provide service to the proposed building.
The Sanitary Sewer Availability Charge has been collected on the parent parcel.
21. WATERMAIN. The Developer shall construct a private water main system. The 8-inch
privately owned and maintained water main shall be extended by the Developer from existing 8-inch
watermain stubs to provide service to the proposed building. The watermain shall be connected within the
site to existing watermain to provide a looped distribution system.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff
with the final plat.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility, and
building construction shall be from a single rock construction entrance on Orchard Trail as shown on the
Erosion Control Plan.
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23. PARKS, TRAILS, AND SIDEWALKS. The Park Dedication requirement for the parent
parcel has not been paid and shall be satisfied through cash contribution by the Developer upon final plat
approval. The Park Dedication Fee for high-density residential is $2,352.00 per dwelling unit. The cash
contribution requirements are calculated as follows:
208 units x $2,352.00 = $489,216.00
Total Units
In Timbercrest at Lakeville 9th
Addition
Park Dedication Fee
Per Unit
Park Dedication
Fee required
The Park Dedication requirement for Outlot A of Timbercrest at Lakeville 9th Addition must be paid
at the time of final plat approval for Outlot A at the rate in effect at that time.
24. STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee for one-year of
streetlight operating expenses to be at the time of final plat approval which is calculated as follows:
208 units x $40.48/unit = $8,419.84
Dwelling Units Streetlight Operating Fee Total
25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one -year of environmental resources expenses to be paid at the time of final plat approval which is
calculated as follows:
208 units x $16.54/unit/qtr. x 4 qtrs. X 0.25 = $3,440.32
Dwelling Units Environmental Resources Fee Residential Equivalent Factor Total
26. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $60,000.00 landscaping security at the time of final plat
approval to ensure that the landscaping is installed in accordance with the approved plan.
27. SPECIAL PROVISIONS. The following special pro visions shall apply to plat development:
A. The subject site shall be developed in accordance with the PUD Development Stage Plan as
approved by the City Council.
B. Implementation of the recommendations listed in the June 2 , 2020 Engineering Report.
C. The Developer shall provide the necessary ingress/egress easements between Lot 1, Block 1,
Timbercrest At Lakeville 9th Addition and Lot 1, Block 1, Timbercrest At Lakeville 4th Addition for
the proposed connection of the accesses and the contiguous apartment and retail parking lots.
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D. The PUD Development Stage Plan for the multiple family use shall provide for a minimum of 2.0
parking stalls per dwelling unit (including proof of parking) unless a reduction is approved by the
City Council based on a site specific parking demand study; a minimum of 1.0 enclosed parking
stalls per dwelling unit shall be required within the supply of off-street parking stalls.
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 $200.00 security for the final placement of interior subdivision
iron monuments at property corners. The security was calculated as follows: 2 lots/outlots at
$100.00 per lot/outlot. 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 $90.00 per lot/outlot for a total charge of $180.00.
G. 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 $280,360.00. If an alternate security is furnished, the Developer shall also
furnish a letter of credit for twen ty-five percent (25%) of the alternate security amount to cover any contract
increases. The amount of the security was calculated as follows:
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CONSTRUCTION COSTS:
A. Storm Sewer and Underground Chamber $124,000.00
B. Erosion Control and Restoration 60,000.00
CONSTRUCTION SUB-TOTAL $184,000.00
OTHER COSTS:
A. Developer’s Design (3.0%) $5,520.00
B. Developer’s Construction Survey (2.5%) 4,600.00
C. City Legal Expenses (Est. 0.5%) 920.00
D. City Construction Observation (Est. 5.0%) 9,200.00
E. Developer’s Record Drawings (0.5%) 920.00
F. Landscaping 60,000.00
G. Tree Protection 15,000.00
H. Lot Corners/Iron Monuments 200.00
OTHER COSTS SUB-TOTAL $96,3 60.00
TOTAL SECURITIES: $280,360.00
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. Park Dedication $489,216.00
B. City Base Map Updating Fee 180.00
C. Street Light Operating Fee 8,419.84
D. Environmental Resources Expenses 3,440.32
E. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 5,520.00
CASH REQUIREMENTS $506,776.16
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
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preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in consequence
of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots,
the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt
plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security
for the development.
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 City to seek a
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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 a certificate of occupancy.
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
15
Timbercrest At Lakeville 9th Addition
210165v8
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. In the
event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein , payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. 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:
16
Timbercrest At Lakeville 9th Addition
210165v8
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
endorsement which shall be filed with the City and (iii) shall identify the name of the plat. 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,
17
Timbercrest At Lakeville 9th Addition
210165v8
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 he rein
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, until the City’s issuance of a Certificate of
Completion and Release.
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.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owne rs in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owne rs and shall not bind or
restrict City authority to approve applications from any lot owner in the Development.
18
Timbercrest At Lakeville 9th Addition
210165v8
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: 110 Cheshire Lane, Suite 120, Minnetonka, Minnesota, 55305. 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.
35. EFFECT OF CONTRACT. This Contract is intended to amend and restate the Original
Development Contract.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
19
Timbercrest At Lakeville 9th Addition
210165v8
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 ______________,
2020, 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
O
R
C
H
A
R
D
TRAIL
LOT 1
BLOCK 1
OUTLOT A
DENOTES 1/2 INCH BY 14 INCH IRON
MONUMENT SET AND MARKED BY LICENSE NO.
44530 UNLESS OTHERWISE NOTED.
DENOTES 1/2 INCH IRON MONUMENT MARKED
BY LICENSE NO. 43933 FOUND, UNLESS
OTHERWISE INDICATED.
0
NORTH
SCALE IN FEET
60 120
THE ORIENTATION OF THIS BEARING SYSTEM IS BASED
UPON THE SOUTH LINE OF OUTLOT A, TIMBERCREST AT
LAKEVILLE 7TH ADDITION HAVING AN ASSUMED BEARING
OF SOUTH 89 DEGREES 54 MINUTES 54 SECONDS WEST.
VICINITY MAP
SITE
SECTION 13, TOWNSHIP 114N, RANGE 21W,
DAKOTA COUNTY, MINNESOTA
NOT TO SCALE
185TH ST (C.S.A.H. NO. 60)C.P
.
RR
ORCH
A
R
D
TR.
Line Table
Line #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
Length
66.88
54.03
10.74
50.89
13.78
14.71
8.23
59.98
49.22
114.93
92.22
84.99
27.70
34.93
77.43
80.61
Direction
N2°37'09"E
N16°42'29"W
N79°55'13"W
N9°41'32"W
N47°06'56"W
N80°27'39"W
N0°39'10"W
N21°56'04"W
N28°30'05"W
N23°33'03"W
N19°29'00"W
N35°31'11"W
N44°11'56"W
N28°07'00"W
N62°46'20"W
N52°07'47"W
Curve Table
Curve #
C1
C2
C3
C4
C5
C6
C7
Length
L=37.11
L=12.22
L=60.13
L=29.10
L=32.66
L=61.29
L=65.42
Radius
R=100.00
R=20.00
R=30.00
R=50.00
R=50.00
R=50.00
R=59.30
Delta
Δ=21°15'55"
Δ=35°00'00"
Δ=114°50'40"
Δ=33°20'42"
Δ=37°25'24"
Δ=70°13'40"
Δ=63°12'44"
Chord
C=36.90
C=12.03
C=50.56
C=28.69
C=32.08
C=57.52
C=62.16
Chord Bearing
C.Brg.=N11°18'07"W
C.Brg.=N16°50'50"E
C.Brg.=S23°02'26"E
C.Brg.=N63°47'17"W
C.Brg.=N28°24'14"W
C.Brg.=S44°48'23"E
C.Brg.=N48°18'51"W
DETAIL
NOT TO SCALE
Project
Location
Certification
Sheet Title
Summary
Revision History
Sheet No.Revision
Project No.
Date Submittal / RevisionNo.By
Designed:Drawn:
Approved:Book / Page:
Phase:Initial Issued:
Client
ROERS
INVESTMENTS
110 CHESHIRE LN #120,
MINNETONKA, MN 55305
LAKEVILLE
MARKET RATE
HOUSING
LAKEVILLE, MN
NW QUADRANT OF ORCHARD
TRAIL & HWY 60
MLL JMW
GDA
PRELIMINARY 02/07/2020
22080
Registration No.
I hereby certify that this plan, specification or
report was prepared by me or under my direct
supervision and that I am a duly licensed
professional ENGINEER under the laws of the state
of Minnesota.
If applicable, contact us for a wet signed copy of this
plan which is available upon request at Sambatek's,
Minnetonka, MN office.
Date:43505
George D. Abernathy
02/07/2020PRELI
MI
N
A
RY
Feb 28, 2020 - 3:29pm - User:lcapistrant L:\PROJECTS\22080\CAD\Survey\Sheets\22080-PPLAT.dwg
C*
PRELIMINARY
PLAT
OUTLOT A, TIMBERCREST AT LAKEVILLE 7TH ADDITION, DAKOTA COUNTY, MINNESOTA, ACCORDING TO
THE RECORDED PLAT THEREOF, DAKOTA COUNTY, MINNESOTA.
TORRENS PROPERTY
TO BE PLATTED AS LOT 1, BLOCK 1, AND OUTLOT A, TIMBERCREST AT LAKEVILLE 9TH ADDITION.
LOT 1, BLOCK 1
OUTLOT A
TOTAL
348,680 S.F.OR 8.0060 ACRES
88,559 S.F.OR 2.0330 ACRES
437,239 S.F.OR 10.0390 ACRES
1.DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED.
2.THE BEARING SYSTEM IS BASED ON THE DAKOTA COUNTY COORDINATE SYSTEM, NAD83 (1986
ADJUST).
3.SUBJECT PROPERTY'S ADDRESS HAS NOT BEEN ASSIGNED. ITS PROPERTY IDENTIFICATION NUMBER IS
227670600010.
PROPERTY SUMMARY
DEVELOPMENT NOTES
DESCRIPTION
348,680 S.F.
8.0060 ACRES
88,559 S.F.
2.0330 ACRES
LOT 1
BLOCK 1
OUTLOT A
DENOTES 1/2 INCH BY 14 INCH IRON
MONUMENT SET AND MARKED BY LICENSE NO.
43933 UNLESS OTHERWISE NOTED.
DENOTES 1/2 INCH IRON MONUMENT MARKED
BY LICENSE NO. 43933 FOUND, UNLESS
OTHERWISE INDICATED.
0
NORTH
SCALE IN FEET
60 120
KNOW ALL PERSONS BY THESE PRESENTS: That Avalon-Timbercrest I, LLC, a Minnesota limited liability company, owner of the following described property situated in the
County of Dakota, State of Minnesota:
Outlot A, TIMBERCREST AT LAKEVILLE 7TH ADDITION, Dakota County, Minnesota, according to the recorded plat thereof, Dakota County, Minnesota.
Has caused the same to be surveyed and platted as TIMBERCREST AT LAKEVILLE 9TH ADDITION, and does hereby dedicate to the public for public use the drainage and utility
easements as created by this plat.
In witness whereof said Avalon-Timbercrest I, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _______ day of
_________________, 20______.
Signed: Avalon-Timbercrest I, LLC
Barbara Van Auken, Executive Vice President
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me this day of , 20 , by Barbara Van Auken as Executive Vice President of
Avalon-Timbercrest I, LLC, on behalf of the limited liability company.
Notary Public, County, Notary Printed Name
My Commission Expires
I Mark R. Salo do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this
plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat
have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.1, Subd. 3, as of the date of this
certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this day of , 20
Mark R. Salo, Licensed Land Surveyor, Minnesota License No. 43933
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by Mark R. Salo.
Notary Public, County, Minnesota Notary Printed Name
My Commission Expires
CITY COUNCIL, CITY OF LAKEVILLE, COUNTY OF DAKOTA, STATE OF MINNESOTA
This plat was approved by the City Council of Lakeville, Minnesota this day of , 20 , and hereby certifies compliance with all
requirements as set forth in Minnesota Statues, Section 505.03, Subd. 2.
By: By:
Mayor Clerk
COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of
, 20 .
By:
Todd B. Tollefson, Dakota County Surveyor
COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA
We do hereby certify that on the 5th day of May, 2020, the Board of Commissioners of Dakota County, Minnesota approved this plat of TIMBERCREST AT LAKEVILLE 9TH
ADDITION, and said plat is in compliance with the provisions of Minnesota Statutes, Section 503.03 Subd. 2 and pursuant to the Dakota County Contiguous Plat Ordinance.
By: Attest:
Chair, Dakota County Board Dakota County Treasurer – Auditor
DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to
Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of ,
20 .
By:
Amy A. Koethe, Director, Department of Property Taxation and Records
COUNTY REGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of TIMBERCREST AT LAKEVILLE 9TH ADDITION was filed in the office of the Registrar of Titles for public record on this day of
, 20 , at o'clock .M., and was duly filed in Book of Plats,
Page as Document Number .
By:
Amy A. Koethe, Registrar of Titles
TIMBERCREST AT LAKEVILLE 9TH ADDITION
ENGINEERING, PLANNING
AND LAND SURVEYING
SAMBATEK, INC.
THE ORIENTATION OF THIS BEARING SYSTEM IS BASED
UPON THE SOUTH LINE OF OUTLOT A, TIMBERCREST AT
LAKEVILLE 7TH ADDITION HAVING AN ASSUMED BEARING
OF SOUTH 89 DEGREES 54 MINUTES 54 SECONDS WEST.
VICINITY MAP
SITE
SECTION 13, TOWNSHIP 114N, RANGE 21W,
DAKOTA COUNTY, MINNESOTA
NOT TO SCALE
185TH ST (C.S.A.H. NO. 60)C.P
.
RR
ORCH
A
R
D
TR.
DETAIL
NOT TO SCALE