HomeMy WebLinkAboutItem 06.j•
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. ______
RESOLUTION APPROVING THE FINAL PLAT OF BERRES RIDGE 7TH ADDITION
WHEREAS, the owner of the property described as BERRES RIDGE 7TH ADDITION has
requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks,
Recreation and Natural Resources Committee and approved by the City Council; and
WHEREAS, the final plat is consistent with the preliminary plat; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. BERRES RIDGE 7TH ADDITION final plat is approved subject to the
development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
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ADOPTED by the Lakeville City Council this 21st day of December 2020.
CITY OF LAKEVILLE
Douglas P. Anderson, Mayor
ATTEST:
_______________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _________is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 21st day of December 2020 as shown by the minutes
of said meeting in my possession.
__________________________
Charlene Friedges
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BERRES RIDGE 7TH ADDITION
CONTRACT dated ____________________, 2020, 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 7TH 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 D, Berres Ridge 5th Addition, Dakota County, Minnesota, according to the recorded plat thereof;
Together with:
Outlot A, Berres Ridge 6th 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 no later than June 7, 2021.
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,
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streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within eight (8) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the
plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
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commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Section 11-16-
7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction
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activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The
Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer’s engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City may, at the City’s
discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect
the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all
instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project
management. The Developer’s engineer is responsible for design changes and contract administration
between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a
pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the
City staff, to review the program for the construction work. Within thirty (30) days after the completion of
the improvements and before the security is released, the Developer shall supply the City with a complete
set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an
AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
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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.
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
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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 staying in compliance with the MPCA Construction Permit for
the site. The developer has developed a SWPPP for the site. The developer is responsible for ensuring
compliance to the permit. The permit requires that all erosion and sediment BMPS be clearly outlined in
a site’s SWPPP. Changes made throughout construction must also be documented in the SWPPP.
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 individual building permits (except
two (2) model home permits on lots acceptable to the Building Official), the Developer shall provide the City
with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
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treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on
file with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
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.
Berres Ridge 7th 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.
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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 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. Stormwater runoff generated from the site will be treated by existing
basins graded with previous phases. The existing basins will provide water quality treatment and rate
control of the stormwater runoff generated from the Berres Ridge 7th Addition subdivision.
An existing permanent stormwater management basin is located within a temporary easement
that will expire with the final plat on Outlot A. The Developer shall grant to the City a temporary drainage
and utility easement over the area of the basin and storm sewer on Outlot A prior to City Council
consideration of the final plat, which temporary easement will expire when the easement area is platted
and a permanent easement is established or the easement area is conveyed to the City.
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The ultimate stormwater basin design on Outlot A will be reviewed with future phases of Berres
Ridge for approval.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels, and must be
paid by the Developer upon final plat approval, calculated as follows:
Gross Area of Berres Ridge 7th Addition 780,811.00 s.f.
Less Area of Outlot A (Future Development) (-) 337,032.00 s.f.
Total = 443,779.00 s.f.
443,779.00 s.f. x $0.178/s.f. = $78,992.66
Net Area of Berres
Ridge 7th Addition
Area Charge Total
The remainder of the Trunk Storm Sewer Area Charge will be collected at the time Outlot A is
final platted into lots and blocks, at the rate in effect at the time of final plat approval.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER. The Sanitary Sewer Availability Charge has not been collected on
the parent parcels and shall be paid by the Developer upon final plat approval. The fee will be based on
the current rate in effect at the time of final plat approval, calculated as follows:
28 units x $327.00 = $9,156.00
Total Units in Berres
Ridge 7th Addition
Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge Required
With Berres Ridge 7th Addition
21. WATERMAIN. The Developer shall extend watermain within the development to provide
water service to the subdivision. The Developer shall extend watermain to the east plat boundary along
198th Street to provide future service to the adjacent parcel.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
and street construction shall be restricted to Hamburg Avenue by way of 202nd Street.
23. PARKS, TRAILS, AND SIDEWALKS. The Park Dedication requirement has not been
collected on the parent parcels and will be satisfied through a cash contribution paid by the Developer
with the final plat. The Park Dedication Fee will be based on the rate in effect at the time of final plat
approval, calculated as follows:
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28 units x $4,509.00 = $126,252.00
Total Units
In Berres Ridge 7th Addition
Park Dedication Fee Park Dedication Requirement
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee of $2,275.00 for traffic control signs which is due with Berres Ridge 7th
Addition. If the street signs are installed during frost conditions, the Developer shall pay an additional
$150.00 for each street sign location.
The Developer shall pay a cash fee for one-year of streetlight operating expenses at the time of
final plat approval, calculated as follows:
28 units x $40.48/unit. = $1,133.44
Total Units
In Berres Ridge 7th Addition
Streetlight Operating Fee Total
25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one-year of environmental resources expenses at the time of final plat approval, calculated as follows:
28 units x $66.16/unit = $1,852.48
Total Units
In Berres Ridge 7th Addition
Environmental Resources Fee Total
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 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
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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. TREE PRESERVATION. All significant trees are located along the east property line.
The Developer shall coordinate with the property owners to the east if any additional trees must be
removed with the development.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the November 25, 2020 Planning Report and
November 25, 2020, Engineering Report.
B. The Developer shall limit the number of driveways having direct access to Hamburg Avenue.
All corner lots that are located along Hamburg Avenue shall have their driveway access from
the adjacent side street This shall apply to the following lots:
Lots 1 and 13, Block 2
Lot 7, Block 3
C. The Developer shall install a “Future Street Extension” sign and barricades at the east end of
198th Street until it is extended in the future.
D. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $2,900.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 29
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
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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.
E. 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 $2,610.00.
F. 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 $6,000.00 and consists of five (5) post-top street lights at $1,200.00 each.
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.
29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
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 $921,900.40. 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 $195,262.00
B. Watermain 120,641.90
C. Storm Sewer 141,057.00
D. Street Construction 331,873.55
E. Erosion Control/Stormwater and Filtration Basins, 30,000.00
Restoration, Grading and Grading Certification
CONSTRUCTION SUB-TOTAL $818,834.45
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OTHER COSTS:
A. Developer’s Design (3.0%) $24,565.03
B. Developer’s Construction Survey (2.5%) 20,470.86
C. City Legal Expenses (Est. 0.5%) 4,094.17
D. City Construction Observation (Est. 5.0%) 40,941.72
E. Developer’s Record Drawings (0.5%) 4,094.17
F. Street Lights 6,000.00
G. Lot Corners/Iron Monuments 2,900.00
OTHER COSTS SUB-TOTAL $103,065.95
TOTAL SECURITIES: $921,900.40
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.
30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication Fee $126,252.00
B. Sanitary Sewer Availability Charge 9,156.00
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C. Trunk Storm Sewer Area Charge 78,992.66
D. Traffic Control Signs 2,275.00
E. Street Light Operating Fee 1,133.44
F. Environmental Resources Expenses 1,852.48
G. City Base Map Updating Fee 2,610.00
H. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 24,565.03
TOTAL CASH REQUIREMENTS $246,836.61
31. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and
street construction identify the procedures for final acceptance of streets and utilities.
32. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
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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.
33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
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34. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits, except two (2) model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the
City’s zoning ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
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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:
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Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
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.
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J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, 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.
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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 owners 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 owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 10519 165th Street West, Lakeville, Minnesota 55044. Notices to the City shall be in
writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail
in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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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 ______________,
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
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MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
BRIDGEWATER BANK, a Minnesota banking corporation, which holds:
1. A Combination Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture
Financing Statement executed by Berres Ridge Dev. Co., LLC, a Minnesota limited liability
company, as Mortgagor, to Bridgewater Bank, as Mortgagee, dated May 20, 2019, recorded June
5, 2019 as Doc. No. 3308023, securing the original amount of $6,487,131.61:
AND
2. Amended and Restated Combination Mortgage, Security Agreement, Fixture Filing and Assignment
of Leases and Rents dated July 28, 2020, recorded August 10, 2020, as Doc. No. 3389817, to
amend Mortgage shown above as follows: to increase the loan amount and add additional property;
and any other amounts which may become due and payable under the terms thereof, on the subject
property, the development of which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2020.
BRIDGEWATER BANK
BY: ______________________________________
Its
AND _____________________________________
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of ________________,
2020, by ___________________________________ and ____________________________________ the
___________________________________ and ___________________________________ of Bridgewater
Bank, a Minnesota banking corporation, on its behalf.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
1
2
3
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Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Berres Ridge
7th Add
location
City of Lakeville
Berres Ridge 7th Add.
Final Plat
EXHIBIT A
200TH STHAMBURG AVEHENNING AVE
HENLEY LN
198TH ST
PH-ENG-115237-PHASING-COVER
1
BERRES RIDGE
PHASING PLAN
LAKEVILLE, MINNESOTA
PHASING PLAN
Know what's below.
before you dig.Call
R
I hereby certify that this plan 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
c
OFBERRES RIDGE PHASE PLAN
LAKEVILLE, MINNESOTA
BERRES RIDGE DEVELOPMENT COMPANY LLC.
10519 165TH STREET WEST
10-06-2016
NAP
JMM
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2016 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
47504 10-06-2016
Brian N. Molinaro
LAKEVILLE, MN 55044
1
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Kris Jenson, Associate Planner
From: Alex Jordan, Assistant City Engineer
McKenzie L. Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Jerilyn Erickson, Finance Director
Gene Abbott, Building Official
Date: November 25, 2020
Subject: Berres Ridge 7th Addition
• Final Plat Review
• Final Grading and Erosion Control Plan Review
• Utility Plan Review
• Final Tree Preservation Plan Review
BBAACCKKGGRROOUUNNDD
Berres Ridge Development Company, LLC has submitted a final plat named Berres Ridge 7th
Addition. This is the seventh phase of the Berres Ridge preliminary plat approved by the City
Council on January 5, 2015 and the sixth phase of the Berres Ridge 2nd Addition preliminary
plat approved by the City Council on May 2, 2016. The proposed subdivision is located east of
and adjacent to Hamburg Avenue and Berres Ridge 6th Addition. The parent parcels consist of
Outlot D, Berres Ridge 5th Addition and Outlot A, Berres Ridge 6th Addition and is zoned RS-3
Single Family Residential.
The final plat consists of twenty-eight (28) single-family lots within three (3) blocks and one
(1) outlot on 17.93 acres.
The outlot created with the final plat shall have the following use:
Outlot A: Stormwater Management Basins and Future Development; to be retained by
the Developer (7.74 acres)
The proposed development will be completed by:
BBEERRRREESS RRIIDDGGEE 77TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
NNOOVVEEMMBBEERR 2255,, 22002200
PPAAGGEE 22 OOFF 77
Developer: Berres Ridge Development Company, LLC
Engineer/Surveyor: Pioneer Engineering, P.A.
SSIITTEE CCOONNDDIITTIIOO NN SS
The Berres Ridge 7th Addition site is undeveloped cultivated agricultural land. A large portion
of the parent parcels were previously mass graded with previous phases. The headwaters of a
Vermillion River Watershed Joint Powers Organization (VRWJPO) Water Quality Corridor
bisects Outlot B, Berres Ridge 6th Addition north of the proposed development
improvements.
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOO UUTT
Hamburg Avenue
Berres Ridge 7th Addition is located east of and adjacent to Hamburg Avenue, a minor
collector roadway as identified in the City’s Transportation Plan. Hamburg Avenue is
constructed as a 40-foot wide, two lane urban roadway with 5-foot wide sidewalks along both
sides of the street. The right-of-way for Hamburg was dedicated with previous phase final
plats.
Hamburg Avenue will likely function as a major collector roadway due to the projected traffic
volumes and proposed connections to minor arterial roadways. Consequently, the Developer
shall limit the number of driveways that have direct access to Hamburg Avenue. All corner
lots that are located along Hamburg Avenue shall have their driveways access the adjacent
side street. This applies to the following lots:
• Lots 1 and 13, Block 2
• Lot 7, Block 3
Henning Avenue
Development of Berres Ridge 7th Addition includes the construction of Henning Avenue, a
local roadway. Harvest Drive is designed as 32-foot wide, two-lane urban roadway with a 5-
foot wide concrete sidewalk along one side of the street. The Developer is dedicating the
necessary right-of-way as shown on the final plat.
198th Street
Development of Berres Ridge 7th Addition includes the construction of 198th Street, a local
roadway. 198th Street is designed as 32-foot wide, two-lane urban roadway with 5-foot wide
concrete sidewalks along one side of the street. 198th Street will provide future roadway
access to PID No. 220210076016. The Developer shall install a future street extension sign and
barricades at the east end of 198th Street until it is extended in the future. The Developer is
dedicating the necessary right-of-way as shown on the final plat.
BBEERRRREESS RRIIDDGGEE 77TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
NNOOVVEEMMBBEERR 2255,, 22002200
PPAAGGEE 33 OOFF 77
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction shall be
restricted to Hamburg Avenue by way of 202nd Street.
PPAARRKKSS,, TTRRAAIILLSS AANN DD SSIIDD EEWWAALLKKSS
The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a cash contribution that shall be paid with the final plat. The Park Dedication
Fee will be based on the rate in effect at the time of final plat approval, calculated as follows:
28 units x $4,509.00 = $126,252.00
Total Units
In Berres Ridge 7th Addition
Park Dedication Fee Park Dedication Requirement
Development of Berres Ridge 7th Addition includes the construction of public sidewalks. Five-
foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of
Henning Avenue and 198th Street.
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Berres Ridge 7th Addition is located within subdistrict SC-10670 of the South Creek sanitary
sewer district as identified in the City’s Comprehensive Sewer Plan. The City’s engineering
consultant, SEH, completed a sanitary sewer analysis with the Berres Ridge preliminary plat to
determine the capacity of the sanitary sewer in the South Creek sanitary sewer district
downstream of the Berres Ridge site. The study concluded that the downstream facilities in
the South Creek district have sufficient capacity to serve the Berres Ridge subdivision;
however, there is not sufficient capacity to add any additional flow to the downstream
facilities. The sewer shed boundaries for SC-10670, SC-10070, and FO-60210 were revised and
the flow was added to SC-10785 with the approved Berres Ridge preliminary plat. The sanitary
sewer design for Berres Ridge 7th Addition is consistent with the approved sewer district
revisions. Wastewater will be conveyed to the MCES Farmington Interceptor and continue to
the Empire Wastewater Treatment Facility.
Development of Berres Ridge 7th 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 shall
be paid with the final plat. The fee will be based on the current rate in effect at the time of
final plat approval, calculated as follows:
28 units x $327.00 = $9,156.00
Total Units in Berres
Ridge 7th Addition
Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge Required
With Berres Ridge 7th Addition
BBEERRRREESS RRIIDDGGEE 77TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
NNOOVVEEMMBBEERR 2255,, 22002200
PPAAGGEE 44 OOFF 77
WWAATTEERRMMAAIINN
Development of Berres Ridge 7th Addition includes the extension of public watermain.
Watermain will be extended within the development to provide water service to the
subdivision. The Developer shall watermain to the east plat boundary along 198th Street to
provide future service to the adjacent parcel.
DDRRAAIINNAAGGEE AANNDD GGRR AADDIINNGG
Berres Ridge 7th Addition is located within subdistrict SC-76 of the South Creek stormwater
district and FO-26 of the Farmington Outlet stormwater district and as identified in the City’s
Water Resources Management Plan. The headwaters of a Vermillion River Watershed Joint
Powers Organization (VRWJPO) Water Quality Corridor bisects Outlot B, Berres Ridge 6th
Addition north of the proposed improvements.
Stormwater runoff generated from the site will be treated by existing basins graded with
previous phases. The existing basins will provide water quality treatment and rate control of
the stormwater runoff generated from the Berres Ridge 7th Addition subdivision.
An existing permanent stormwater management basin is located within a temporary
easement that will expire with the final plat on Outlot A. The Developer shall deed to the City
a temporary drainage and utility easement over the area of the basin and storm sewer on
Outlot A prior to City Council consideration of the final plat.
The ultimate stormwater basin design on Outlot A will be reviewed with future phases of
Berres Ridge for approval.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading specifications shall also indicate that all embankments meet
FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings
placed on fill material are appropriately constructed. Building permits will not be issued until
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
Berres Ridge 7th 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.
SSTTOORRMM SSEEWWEERR
Development of Berres Ridge 7th Addition includes the construction of public storm sewer
systems. Storm sewer will be installed within the subdivision to collect and convey
stormwater runoff generated from within the public right-of-way and lots to the public
stormwater management basins located within Outlot A.
BBEERRRREESS RRIIDDGGEE 77TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
NNOOVVEEMMBBEERR 2255,, 22002200
PPAAGGEE 55 OOFF 77
Draintile construction is required in areas of non-granular soils within Berres Ridge 7th
Addition for the street sub-cuts and lots. Any additional draintile construction, including
perimeter draintile required for building footings, which is deemed necessary during
construction shall be the developer’s responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels, and must
be paid with the final plat, calculated as follows:
Gross Area of Berres Ridge 7th Addition 780,811.00 s.f.
Less Area of Outlot A (Future Development) (-) 337,032.00 s.f.
Total = 443,779.00 s.f.
443,779.00 s.f. x $0.178/s.f. = $78,992.66
Net Area of Berres
Ridge 7th Addition
Area Charge Total
The remainder of the Trunk Storm Sewer Area Charge will be collected at the time Outlot A is
final platted into lots and blocks, at the rate in effect at the time of final plat. Final locations
and sizes of all storm sewer facilities will be reviewed by City staff with the final construction
plans.
FEMA FLOODPLAIN ANALYSIS
Berres Ridge 7th Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the
Federal Emergency Management Agency (FEMA). Based on this designation, there are no
areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WWEETTLLAANNDDSS
There are no wetlands on the site. A wetland determination was completed for the site with
the Berres Ridge preliminary plat.
TTRREEEE PPRREESSEERRVVAATT IIOONN
All significant trees are located along the east property line. The developer may need to
coordinate with the property owners to the east if any addition trees are needed to be
removed.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for staying in compliance with the MPCA Construction Permit
for the site. The developer has developed a SWPPP for the site. The developer is responsible
for ensuring compliance to the permit. The permit requires that all erosion and sediment
BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction must also
be documented in the SWPPP.
BBEERRRREESS RRIIDDGGEE 77TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
NNOOVVEEMMBBEERR 2255,, 22002200
PPAAGGEE 66 OOFF 77
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.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Berres Ridge 7th Addition. Construction costs are based upon
estimates submitted by the Developer’s engineer on November 24, 2020.
CONSTRUCTION COSTS
Sanitary Sewer $ 195,262.00
Watermain 120,641.90
Storm Sewer 141,057.00
Street Construction 331,873.55
Erosion Control, Stormwater and filtration Basins,
Restoration, Grading and Grading Certification
30,000.00
SUBTOTAL - CONSTRUCTION COSTS $ 818,834.45
OTHER COSTS
Developer’s Design (3.0%) $ 24,565.03
Developer’s Construction Survey (2.5%) 20,470.86
City’s Legal Expense (0.5%) 4,094.17
City Construction Observation (5.0%) 40,941.72
Developer’s Record Drawing (0.5%) 4,094.171
Street Lights 6,000.00
Lot Corners/Iron Monuments 2,900.00
SUBTOTAL - OTHER COSTS $103,065.95
TOTAL PROJECT SECURITY $921,900.40
The street light security totals $6,000 which consists of five post-top street lights at $1,200
each.
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot and outlot for a total of
$2,900.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street and utility construction.
CCAASSHH FFEEEESS
A cash fee of $2,275.00 for traffic control signs is due with Berres Ridge 7th Addition. If the
street signs are installed during frost conditions, the Developer shall pay an additional
$150.00 for each street sign location.
BBEERRRREESS RRIIDDGGEE 77TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
NNOOVVEEMMBBEERR 2255,, 22002200
PPAAGGEE 77 OOFF 77
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
28 units x $40.48/unit. = $1,133.44
Total Units
In Berres Ridge 7th Addition Streetlight Operating Fee Total
A cash fee for one-year of environmental resources expenses shall be paid at the time of final
plat approval and is calculated as follows:
28 units x $66.16/unit = $1,852.48
Total Units
In Berres Ridge 7th Addition Environmental Resources Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
29 units x $90.00/unit = $2,610.00
Lots/Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in either .dwg (AutoCAD) or .dxf format.
The Developer shall also pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration will be based on three percent (3.00%) of the estimated
construction cost, or $24,565.03.
CASH REQUIREMENTS
Park Dedication Fee 126,252.00
Sanitary Sewer Availability Charge 9,156.00
Trunk Storm Sewer Area Charge 78,992.66
Traffic Control Signs 2,275.00
Streetlight Operating Fee 1,133.44
Environmental Resources Management Fee 1,852.48
City Base Map Updating Fee 2,610.00
City Engineering Administration (3.00%) 24,565.03
TOTAL - CASH REQUIREMENTS $246,836.61
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the final plat, grading and erosion control plan, utility
plan and tree preservation plan for Berres Ridge 7th Addition, subject to the requirements and
stipulations within this report.