HomeMy WebLinkAbout9B - Shepherds Path
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
FINANCIAL IMPACT:
ALTERNATIVES:
JUNE 16, 2003
9B
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION
AUTHORIZING AMENDMENT #1 TO THE
DEVELOPMENT CONTRACT FOR SHEPHERD'S PATH
(PROJECT #00-31)
History
The City of Prior Lake entered into a development contract with
Shepherd of the Lake Lutheran Church on September 16, 2002 for
the construction of the Shepherd's Path church and infrastructure.
Current Circumstances
As part of the infrastructure improvements, the developer installed
sanitary sewer and watermain along the east property line adjacent
to the north-south portion of McKenna Road. The City requested
that the developer install an 8-inch watermain along the north side
of the property adjacent to the east-west portion of McKenna Road
(see attached exhibit). This was request was made with the
understanding that the City would pay for one-half of the cost of
the 8-inch watermain extension as an oversizing cost.
The original development contract did not address the oversizing
or reimbursement for the additional watermain. Based on the bid
provided by the developer, the oversizing cost is $16,727.67.
Conclusion
The staff believes it is appropriate for the City Council to approve
amendment #1 to the Shepherd's Path Development Contract.
Funding for this amendment in the amount of $16,727.67 IS
proposed to be from the Water Enterprise fund.
The alternatives are as follows:
1. Adopt a resolution approving Amendment #1 to the Shepherd's
Path Development Contract.
162,QQ.~<;;reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDED
MOTION:
shepherdpathamend
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item until some date in the future.
Motion and second adopting a resolution approving Amendment
#1 to the Shepherd's Path Development Contract in the amount of
$16,727.67 to be [ through the Enterprise fund.
RE~
RESOLUTION 03-XX
d,INNESO't~
RESOLUTION AUTHORIZING AMENDMENT #1 TO THE SHEPHERD'S PATH
DEVELOPMENT CONTRACT - CITY PROJECT #00-31
MOTION BY:
SECOND BY:
WHEREAS, the City of Prior Lake and Shepherd of the Lake Lutheran Church entered into a
Development Contract on September 16, 2002, and
WHEREAS, Shepherd of the Lake Lutheran Church was required to install infrastructure
improvements as a part of the Development Contract, and
WHEREAS, the City of Prior Lake requested installation of additional 8-inch watermain over
and above what was required to serve the site, and
WHEREAS, The City of Prior Lake has a provision for reimbursement for oversizing costs,
which are defined as construction of a Developer Installed Improvement that
exceeds those that would otherwise be required of the Developer.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. The recitals set forth above are incorporated herein.
2. Amendment #1 to the Shepherd's Path Development Contract is approved and hereby
authorized to be made to Shepherd of the Lake Lutheran Church payment in the amount
of $16,727.67 to be paid from the Enterprise Fund, for the oversizing of watermain.
Passed and adopted this 16th day of June, 2003.
YES NO
Hauqen Hauqen
Blumberg Blumberq
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles
City Manager
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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CITY PRO.JECT
#00-31
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AMENDMENT #1 TO
DEVELOPMENT CONTRACT
SHEPHERD'S PATH
PROJECT #00-31
This AMENDMENT #1 TO THE DEVELOPMENT CONTRACT is entered into this 16th
day of June, 2003, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation
("City"), and Shepherd of the Lake Lutheran Church, a Minnesota Nonprofit Corporation (the
"Developer"). Based on the mutual promises and covenants set forth herein, the sufficiency of which is not
disputed, the City and the Developer (collectively "Parties") agree to amend Paragraph 30 of the
DEVELOPMENT CONTRACT dated September 16,2002, to read as follows:
30. OVERSIZING. City and Developer agree that the Developer Installed Improvements
should be oversized for the benefit of future development. Oversizing is the construction of a Developer
Installed Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer determines that oversizing is required, the City
shall reimburse the Developer for the costs associated with this work and as approved in this contract. The
g:\projects\2000\31sheplk\amendment to development contract2.doc Page 1
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City required the Developer to extend an 8" watermain along the northern property line adjacent to
McKenna Road. The City's agreed to share 50% of the cost of the extension of watermain. City and
Developer agree that the cost of extending the system to be reimbursed to the Developer is $16,727.67
based upon a cost estimate by the City Engineer as determined by an engineer's estimate or contractors bid
to be provided by the Developer and application of the City's Assessment Policy based on a final
engineering design. The calculation for oversizing is attached as Exhibit D.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
g:\projects\2000\31 sheplk\amendment to development contract2.doc
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Page 2
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
,20_,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 3
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage 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
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 4
EXHIBIT" A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property to be developed as Shepherd's Path:
That part of the east 101.63 feet of the Southeast Quarter of the Southwest Quarter of Section 22, Township
115, Range 22, Scott County, Minnesota lying south of the north 66.00 feet of said Southeast Quarter of the
Southwest Quarter of Section 22.
Together with that part of the Southwest Quarter of the Southeast Quarter of said Section 22, lying westerly
of the east 515.31 feet of said Southwest Quarter ofthe Southeast Quarter of Section 22.
Except the north 66.00 feet of the west 33.00 feet of said Southwest Quarter of the Southeast
Quarter of Section 22.
Also except the east 1200.00 feet of the south 800.00 feet of said Southwest Quarter of the
Southeast Quarter of Section 22.
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Page 5
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
ITEM NO DESCRIPTION
WATERMAlN
1 8" DIP WATERMAIN
2 8" GATE VALVE
3 HYDRANT
4 8 x 6 TEE
5 8" PLUG
SUBTOTAL
TOTAL OVERSIZING
SHEPHERD'S PATH
UNIT QTY. UNIT PRICE
LF 1010 $ 21.64
EA 1 $ 1,363.39
EA 3 $ 3,217.24
EA 3 $ 173.22
EA 1 $ 64.17
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TOTAL
COST
$ 21,856.40
$ 1,363.39
$ 9,651.72
$ 519.66
$ 64.17
$ 33,455.34
CITY COST
(1/2 OF TOTAL)
$ 10,928.20
$ 681.70
$ 4,825.86
$ 259.83
$ 32.09
$ 16,727.67
$ 16,727.67
Page 6