HomeMy WebLinkAbout9A - Windsor Estates Final Plat
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AUGUST 4, 2003
9A
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A
(1) RESOLUTION APPROVING THE FINAL PLAT AND AUTHORIZING
EXECUTION OF THE STANDARDIZED DEVELOPMENT CONTRACT
FOR WINDSOR ESTATES,
(2) RESOLUTION APPROVING THE JOINT POWERS AGREEMENT
BETWEEN THE CITY OF PRIOR LAKE AND CITY OF SAVAGE FOR
PERPETUAL MAINTENANCE OF STORMWA TER PONDING, AND
(3) RESOLUTION APPROVING THE COOPERATIVE AGREEMENT
BETWEEN THE CITY OF PRIOR LAKE AND SCOTT COUNTY FOR
ACCESS MODIFICATION OF CSAH 42 (Case File No.: 03-60)
AGENDA ITEM:
DISCUSSION:
Historv: On May 19, 2003, the City Council approved Resolution 03-90
approving the preliminary plat for Windsor Estates. The preliminary plat
subdivided 10 acres into 22 lots for single family dwellings. In addition, the
developer received preliminary plat approval to subdivide 10 acres for 17 lots
in the City of Savage, which provides east-west access to this project.
Savage City Council approved the final plat for Windsor Pond on July 14,
2003.
The Windsor Estates final plat includes all of the preliminary plat. There are
no additional lots or areas to be platted in the future.
Current Circumstances: The principal requirements for final plat approval
include a signed Development Contract with surety for the installation of
utilities and streets and the satisfactory completion of all preliminary plat
conditions.
Staff has reviewed the final plat and finds it to be in substantial compliance
with the approved preliminary plat. All of the conditions placed on the
preliminary plat have been satisfied. The final plat is subject to the standard
seven conditions that must be satisfied prior to the release of the final plat
documents.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The Issues: The Development Contract specifies the required improvements
for this final plat including streets, watermain, and sanitary sewer. Sanitary
sewer, watermain trunk area charges, collector street fees, and park
dedication fees are outlined in the Contract.
Joint Powers Agreement: Stormwater ponding for Windsor Estates is
provided within Windsor Pond, located within the City of Savage. Since
stormwater ponding for this final plat will be treated by a facility located in the
City of Savage, the two cities must enter into a Joint Powers Agreement for
Perpetual Maintenance of the Storm Water Pond. Both cities' share of the
cost of construction and maintenance is 50 percent. This document is
attached.
Cooperative Agreement: In addition to the standard improvements, the
contract includes the developer's cost in constructing the right turn lane on
CSAH 42, which was required by Scott County as a result of this
development. Since Scott County is permitting only right-in/right-out access
for Windsor Estates, the developer is required to modify the access to
eliminate the median on CSAH 42. The City of Prior Lake and Scott County
must enter into a Cooperative Agreement to allow the City to reimburse the
developer for the CSAH 42 for access modification from Scott County funds.
Scott County approved the allocation of funds to City at its Board meeting on
July 22,2003. The agreement is attached.
Conclusion: A copy of the Development Contract for Windsor Estates is
attached to this report. Staff will be available to discuss the details of this
contract with the Council. All of the conditions placed on the preliminary plat
have been satisfied. The final plat is subject to seven conditions that must be
satisfied prior to the release of the final plat documents.
In conjunction with the final plat for Windsor Estates, the City and Scott
County will enter into a Cooperative Agreement for reimbursement of CSAH
42 access modifications. Also, the City of Prior Lake and the City of Savage
will enter into a Joint Powers Agreement for the stormwater pond.
The developer has received copies of the Development Contract. We expect
to receive the signed original copies prior to the City Council meeting.
FISCAL IMPACT:
Budaet Impact: Approval of this final plat will allow construction of streets
which, in turn, will facilitates new development, which will contribute to the
City's tax base.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt a resolution approving the Final Plat and Development Contract for
Windsor Estates, adopt a resolution approving the Cooperative Agreement
for access modification, and adopt a resolution approving the Joint Powers
Agreement for stormwater ponding.
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RESOLUTION 03.XX
(FINAL PLAT)
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT
OF "WINDSOR ESTATES" AND DEVELOPMENT CONTRACT
AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY:
SECOND BY:
WHEREAS:
On May 19, 2003, the City Council approved the preliminary plat known as Windsor Estates, subject to
conditions identified by Resolution 03-90; and
WHEREAS:
The City Council has found that the final plat of "Windsor Estates" is in substantial compliance with the
approved preliminary plat for Windsor Estates; and
WHEREAS:
The City Council has approved the final plat of "Windsor Estates."
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA,
that it should and hereby does require the following conditions to be met, prior to release of, and recording of said plat:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The final plat of "Windsor Estates" is approved subject to the conditions set forth in this resolution.
3. The final plat of "Windsor Estates" is subject to the following conditions, which shall be met prior to release of and
recording of the final plat:
a. A current title opinion or commitment of title insurance must be submitted in a form acceptable to the City Attomey.
b. Payment of all fees prior to release of the final plat mylars.
c. Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one reduction at no scale which
fits onto an 81/2" x 11" sheet of paper.
d. Four mylar sets of the final plat with all required signatures must be submitted.
e. The developer must provide financial security, in a form acceptable to the City Engineer prior to release of the final
plat mylars.
f. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat
approval. Failure to record the documents by November 3, 2003, will render the final plat null and void.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of the City.
Passed and adopted this 4th day of August, 2003.
YES NO
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 03.XX
(JOINT POWERS AGREEMENT)
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE
CITY OF PRIOR LAKE AND THE CITY OF SAVAGE FOR PERPETUAL MAINTENANCE OF A STORMWATER POND FOR
WINDSOR ESTATES
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
MOTION BY:
SECOND BY:
On May 19, 2003, the City Council approved the preliminary plat known as Windsor Estates, subject to
conditions identified by Resolution 03-90; and
The City Council has found that the final plat of "Windsor Estates" is in substantial compliance with the
approved preliminary plat for Windsor Estates; and
The City Council has approved the final plat of "Windsor Estates" and the City of Savage has approved
the final plat of "Windsor Pond"; and
One stormwater pond serves both "Windsor Estates" and "Windsor Pond"; and
The stormwater pond is located in City of Savage; and
The City of Prior Lake and the City of Savage have agreed to share in all maintenance costs including
construction, legal and administrative costs. The City of Prior Lake's share is 50 percent and the City of
Savage is 50 percent; and
The City Council approves the Joint Powers Agreement for perpetual maintenance of stormwater
ponding.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA:
that:
1. The recitals set forth above are incorporated herein.
2. The Joint Powers Agreement for Perpetual Maintenance of a Stormwater Pond for Windsor Estates between the City
of Prior Lake and the City of Savage is hereby approved and the Mayor and City Manager are authorized to execute
said agreement.
Passed and adopted this 4th day of August, 2003.
YES NO
Hauoen Hauoen
Blombero Blombero
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 03.XX
(COOPERATIVE AGREEMENT)
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE COOPERATIVE AGREEMENT BETWEEN THE
CITY OF PRIOR LAKE AND SCOTT COUNTY FOR ACCESS MODIFICATION ON CSAH 42
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
MOTION BY:
SECOND BY:
On May 19, 2003, the City Council approved the preliminary plat known as Windsor Estates, subject to
conditions identified by Resolution 03-90; and
The City Council has found that the final plat of "Windsor Estates" is in substantial compliance with the
approved preliminary plat for Windsor Estates; and
The City Council has approved the final plat and Development Contract of "Windsor Estates"; and
Scott County is requiring an access modification in conjunction with the final plat of "Windsor Estates";
and
Scott County will reimburse the City of Prior Lake 50 percent of the construction costs of the median
modifications necessary to convert the CSAH 42 at Meadow Avenue intersection to a right-in/right-out
design, in the amount of $43,700.00. The Developer will provide the other 50 percent; and
The Development Contract between the City of Prior Lake and Windsor Development, LLC requires the
Developer to construct median modifications on CSAH 42 at Meadow Avenue.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA,
that the Cooperative Agreement between the City of Prior Lake and Scott County is hereby approved:
1. The recitals set forth above are incorporated herein.
2. The City of Prior Lake will reimburse the Developer the Scott County share of the cost of constructing the median
modifications upon receipt of the funds from Scott County.
Passed and adopted this 4th day of August, 2003.
YES NO
HauQen HauQen
BlomberQ Blombero
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
1:\03 files\03 subdivisions\03 final plat\windsor estates\coop agmt resolution. doc
Page 1
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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DEVELOPMENT CONTRACT
WINDSOR ESTATES
PROJECT #03-32
This DEVELOPMENT CONTRACT is entered into this 4th day of August, 2003, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Windsor
Development, LLC a Minnesota Limited Liability Company (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 as follows:
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for Windsor Estates (referred to in this Development Contract as the "Plat"). The land is legally described
as shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
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3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply
to grading or other approvals set forth in Resolution No. 03- 90, dated the 19th of May, 2003, approving the
Preliminary Plat for Windsor Estates.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution approving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not proceed until the City approves
Development Contracts for such phases. Fees and charges collected by the City in connection with
infrastructure, public improvements and parkland dedication requirements 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 subdivided into lots and
blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The plans shall not be attached to this Development Contract, but are incorporated by
reference and made a part of this Development Contract as if fully set forth herein. If the plans vary from
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the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plans are:
Plan A --
Final Plat Dated June 19,2003 (prepared by Probe Engineering)
Plan B --
Final Grading, Development, and Erosion Control Planes) Dated July 22,
2003 (Prepared by Probe Engineering)
Plan C --
Tree Preservation Plan Dated June 19,2003 (Prepared by Kunde Co. Inc.)
Plan D --
Landscaping and Reforestation Plans Dated June 19, 2003 (prepared by
Brodsho Consulting)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements
Dated July 22, 2003 (prepared by Probe Engineering)
Plan F --
Street Lighting Plan Dated Jun 18, 2003 (prepared by Minnesota Valley
Electric Cooperative (MVEC))
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading and Poneling
H. Underground Utilities
I. Traffic Control Signs
1. Street Signs
K. Setting of Iron Monuments
L. Sidewalks and Trails
M. Landscaping
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N. Other:
The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City1s authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the
City staff, to review the program for the construction work. Before the Security for the completion of
utilities is released, iron monuments must be installed in accordance with Minn. Stat. 9505.02. The
Developer's surveyor shall submit a written notice to the City certifying that the monuments have been
installed.
8. CSAH 42 ACCESS MODIFICATION. Developer installed improvements include
construction of median modifications on CSAH 42 that are necessary to convert the CSAH 42/Meadow
Avenue intersection to a right-in/right-out design. The City of Prior Lake and Scott County have entered
into a cooperative agreement for sharing the cost of this work. The estimated cost of the median
modification is $87,400.00. Scott County is funding 50 percent of the cost. The County's contribution will
be $43,700.00. The remainder of the cost will be the Developer's responsibility. Upon completion of the
work, the City and County's acceptance of the work, and the City's receipt of funds from the County, the
City shall reimburse the Developer in the amount of $43,700.00.
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9. CONSTRUCTION OBSERVATION The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance
with the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
C. As-built location dimensions for sanitary sewer, watermain and storm sewer
facilities.
10. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Tie
dimensions to sewer and water services from City staff or City consultants.)
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved final plans and specifications. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine if
additional testing is necessary. The cost of additional testing is to be paid by the Developer.
E. Lot corners and monuments.
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11. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment.
12.
SUBDWISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
fIrst. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verifIcation by a registered land surveyor that the required monuments have been
installed throughout the plat.
13. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by November 15, 2003, with the exception of the fInal wear course of asphalt on streets.
The fInal wear course on streets shall be installed the fIrst summer after the base layer of asphalt has been
in place for one freeze thaw cycle. The Developer and the City shall consult about an extension of time. If
an extension is granted, it shall be in writing and conditioned upon updating the Security posted by the
Developer to reflect cost increases and the extended completion date.
14. LICENSE. The Developer hereby grants the City, its agents, employees, offIcers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
15. 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. The City may impose,
at no cost to the City, additional erosion control requirements if they are necessary to meet erosion
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control objectives. All areas disturbed by the excavation and backfilling operations shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be 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 erosion control plan and schedule or supplementary
conditions imposed by the City, 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. The Developer
shall be solely responsible for any costs incurred by the City for erosion control measures. The
Developer shall fully reimburse the City for any cost incurred within ten (10) days of the date of the
City's invoice. If the Developer does not reimburse the City for any cost the City incurred for such work
within ten (10) days, the City may, without further notice to the Developer, draw down the Irrevocable
Letter of Credit to pay any costs. No development, utility or street construction will be allowed unless
the Plat is in full compliance with the erosion control requirements. The notice provisions set out in
Paragraph 42 shall not apply to notifications to the Developer under this paragraph.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and 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. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
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costs. The notice provisions set out in Paragraph 42 shall not apply to notifications to the Developer under
this paragraph.
17. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control planes), (plan B). The plans and work shall conform to City of Prior Lake Public Works
Design Manual.
B. As-builts. Before the City releases the Grading Security, the Developer shall
provide the City with an as built grading plan and a certification by a registered land surveyor or engineer
that all ponds, swales, and ditches have been constructed on public easements or land owned by the City.
The as built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot comers and house pads. The City may
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.
18. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon completion
of the Developer Installed Improvements required by this Development Contract and final written
acceptance by the City Engineer, the improvements lying within public right-of-way and easements shall
become City property without further notice or action.
19. STREET MAINTENANCE. Developer shall be responsible for all street maintenance
until final written acceptance by the City of the Developer Installed Improvements. Warning signs and
detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing attention to detours. If and when streets
become impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph,
"street maintenance" does not include snow plowing or normal sweeping.
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20. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to CSAH 42. No construction traffic is permitted
on the adjacent local streets.
21. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. Grading, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. If building
permits are issued prior to the acceptance of Developer Installed Improvements, the Developer assumes all
liability and costs resulting in delays in completion of the Developer Installed Improvements and damage
to Developer Installed Improvements caused by the City, or its agents or contractors, the Developer, its
contractors, subcontractors, material men, employees, agents or third parties.
B. A permanent Certificate of Occupancy shall not be issued for any building in the
plat until water and sanitary sewer improvements have been installed and the streets have been completed
and the first lift of bituminous has been placed and said improvements have been inspected and determined
by the City to be available for use.
22. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and
its engineer on the status of or problems regarding the development of the Plat, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be four
percent (4%) of the estimated construction cost as detailed in Exhibit E, less oversizing costs outlined in
Exhibit D, Section A, assuming normal construction and project scheduling.
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23. REIMBURSEMENT OF CITY ADMINISTRATION FEES. Once the City approves the
construction costs or estimates for the Developer Installed Improvements there will not be any
reimbursement to the City by the Developer or to the Developer by the City for City Administration fees.
24. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction and
City legal expenses. The Developer shall deposit an amount equal to five percent (5%) of the estimated
construction cost, less oversizing costs outlined in Exhibit D, Section A, for construction observation
performed by the City's authorized personnel and incurred pass-through legal expenses. This amount shall
be maintained by the City in escrow until final acceptance of all Developer Installed Improvements by the
City. Any balance remaining in the escrow account will be returned to the Developer at that time.
Extraordinary costs incurred by the City over and above the five percent (5%) Construction Observation
fee shall be billed to the Developer. Extraordinary costs are defined as costs resulting from change orders
applied to the project and costs incurred as a result of unknown conditions at the time of design.
25. STORM WATER MANAGEMENT FEE. The Developer shall pay a storm water
management fee of $ 29,430.00 prior to the City signing the final Plat. The amount was calculated as
follows: 10 acres at $2,943.00 per acre (R-I, R-2 and R-3) or $4,856.00 per acre (R-4) or $6,092.00 per
acre (commercial and industrial). This calculation was determined by the Trunk Storm Sewer Fee
Determination Study adopted by City Council Resolution #01-03 on January 8, 2001.
26. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary sewer
and watermain trunk area charge of $35,000.00 shall be paid by the Developer for sanitary sewer and
watermain trunk improvements prior to the City signing the final Plat. The amount was calculated as
follows: 10 acres at $3500.00 per acre.
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27. CITY-WIDE COLLECTOR STREET CONSTRUCTION CHARGE. This Development
Contract requires the Developer to pay a City-wide Collector Street Construction Charge of $15,000.00 for
collector street improvements prior to the City signing the final Plat. The amount was calculated as
follows: 10 acres at $1500.00 per acre.
28. ESCROW FOR THE CONSTRUCTION OF THE WEST TWENTY-FIVE FEET OF
141ST STREET. The Developers shall be responsible for the cost of construction of the west twenty-five
feet of 141 sl Street. The Developer shall deposit $2,587.00 with the City prior to the City signing the final
plat. This amount is based on 125% of the engineer's estimate for the work as shown in Exhibit E-1. This
amount shall be held in escrow to pay for the construction of the west twenty-five feet of 14pl Street at the
time the adjacent parcel is developed. Upon completion of the project, the unused portion of the escrow
funds, without interest, shall be returned to the Developer.
29. ESCROW FOR THE REMOVAL OF THE TEMPORARY CUL-DE-SAC AND
CONSTRUCTION OF STREET ON KENSINGTON A VENUE. The Developer shall be responsible for
the cost of the removal of the temporary cul-de-sac and construction of the street on Kensington Avenue.
The Developer shall deposit the estimated cost of $13,840.00 with the City prior to the City signing the
final plat. This amount is based on 125% of the engineer's estimate for the work as shown in Exhibit E-1.
This amount shall be held in escrow to pay for the removal of the temporary cul-de-sac and construction of
the street on Kensington Avenue at the time the adjacent parcel is developed. Upon completion of the
project, the unused portion of the escrow funds, without interest, shall be returned to the Developer.
30. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an
amount of cash or land or a combination of both as established by the City. This calculation was
determined by the Park Fee Study adopted by City Council Resolution #01-10 on February 5, 2001. The
required amount of dedication of land or cash payment shall be determined by the provisions of Section
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1004.1000 if the City Subdivision Ordinance, or by the fee scheduled adopted by resolution of the City
Council. The fee shall be paid prior to the City signing the final Plat. The Developer shall provide the City
with a warranty deed for any land described as an outlot or a lot rather than park on the final plat. This
Development Contract requires the Developer to pay a Park and Trail Dedication Fee of $58,740.00 prior
to the City signing the final Plat. The amount was calculated as follows: 22 units at $2,670.00 per unit.
31. STREET LIGHTS AND OPERATIONAL COSTS. The Developer is responsible for the
installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed;
this includes poles, fixtures, underground wiring, and all appurtenant work. The Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the
City Engineer and in accordance with the Public Works Design Manual.
32(a). LANDSCAPING (Sinele-Familv Residential). In accordance with the City Subdivision
Ordinance, each residential lot in the Plat must have at least two (2) front yard trees. The Developer or lot
purchaser shall plant the two (2) front yard trees on every lot in the Plat that does not already meet this
requirement at the time of the building permit. The Developer or lot purchaser shall sod the front yard,
boulevard, and side yards to the rear of every structure on every lot prior to the issuance of the final
certificate of occupancy. If this section is to be satisfied by existing trees, a tree protection security
("escrowed funds") may also be required. If the required landscaping is not installed, the City is granted a
license to enter upon a lot and install the landscaping using the escrowed funds deposited by the builder at
the time the building permit was issued. Upon satisfactory completion of the landscaping, the escrowed
funds less any draw made by the City, shall be returned to the person who deposited the funds with the
City.
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32(b). LANDSCAPING (Soecial Provisions). Landscaping for this Plat shall comply with Plan
D. The cost of the landscaping requirements shall be provided by the Developer, subject to approval by the
City. Subject to approved Plan D, the Developer shall provide a financial guarantee of $65,125.00 based
on an amount equal to 125% of the estimated cost, as set out in Plan D, to furnish and plant the required
landscaping and irrigation system.
33. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, and to the
provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial
guarantee of$65,125.00 based on an amount equal to 125% of the estimated cost to furnish and plant the
replacement trees. The City shall maintain the Security for at least one (1) year after the date the last
replacement tree has been planted. At the end of such year, or such longer period as the City determines to
be reasonable, the portion of the Security equal to 125% of the estimated cost of the replacement trees,
:which are alive and healthy may be released. Any portion of the Security not entitled to be released shall
be maintained and shall secure the Developer's obligation to remove and replant replacement trees, which
are not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of
these trees, the Security shall be maintained for at least one (1) year after the date of the replanting or
planting of these trees. If, at the end of this period, all of the required trees are alive and healthy, the entire
Security may be released.
34. SECURITY. To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the form attached hereto as Exhibit B, from a bank for $788,155.00. The amount of the Security
was calculated as follows:
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DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer
$
59,634.37
Watermain
$
77,710.25
Storm Sewer
$
109,552.00
Streets/Sidewalks/Trails
$
158,289.80
Street Signs
$
500.00
Landscaping/Tree Replacement
$
52,100.00
Other: CSAH 42 Access Modification
$
172,737.75
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
630,524.17
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
788,155.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
seven County Twin City Metropolitan area. The Security shall be for a term ending December 31, 2004.
Individual Security instruments may be for shorter terms provided they are replaced at least forty-five (45)
days prior to their expiration. If the required Developer Installed Improvements are not completed at least
thirty (30) days prior to the expiration of the Security, the City may draw it down. If the Security is drawn
down, the proceeds shall be used to cure the default.
35. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of $207,227.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
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City Administration Fee (4%) $ 23,391.00
City Construction Observation (5%) $ 29,239.00
Storm Water Management Fee $ 29,430.00
Sanitary Sewer and Watermain Trunk Area Charges $ 35,000.00
City- Wide Collector Street Construction Charge $ 15,000.00
Park and Trail Dedication Fee (ifin lieu ofland) $ 58,740.00
Other: Escrow for construction of the west 25 feet of 141 st Street $ 2,587.00
Other: Escrow for removal of the temporary cul-de-sac and
construction of street on Kensington Avenue
$
13,840.00
TOTAL CITY DEVELOPMENT FEES
$
207,227.00
36. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required work has been satisfactorily completed and financial obligations to the City have been satisfied,
the Security may be reduced by seventy-five percent (75%) of the financial obligations that have been
satisfied upon written authorization by the City Engineer. Any requests for reductions in the Security must
be made in writing to the City Engineer and must be accompanied by lien waivers from any contractor or
subcontractor for the Developer. Twenty-five percent (25%) of the Security shall be retained until all
Developer Installed Improvements and other obligations under this Development Contract have been
completed, including, but not limited to, all financial obligations to the City, and the receipt of all required
as-built street, utility and grading plans by the City.
In no event shall the five percent (5%) Security be released until the Developer provides the City
Engineer with a certificate from the Developer's registered land surveyor stating that all irons have been set
following site grading and utility and street construction.
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37. WARRANTY. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty workmanship.
The warranty period for streets is one year. The warranty period for underground utilities is two years.
The warranty period on Developer Installed Improvements shall commence on the date the City Engineer
issues written acceptance of the improvement. The Developer shall post warranty bonds as security. The
City shall retain twenty-five percent (25%) of the Security posted by the Developer until the City Engineer
accepts the Developer Installed Improvements and the warranty bonds are furnished to the City. All punch
list items must be completed and "as-built" drawings received prior to the commencement of the warranty
period. The retained Security may be used by the City to pay for warranty work. The City standard
specifications for utilities and street construction identify the procedures for final acceptance of streets and
utilities. These standards are set out in the Public Works Design Manual.
38. 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. City
and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $6,779.00
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.
39. CLAIMS.
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A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Irrevocable Letter of Credit Security in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the
City from any further proceedings as it pertains to the letters of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Development
Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of 112 percent (1.5%) per month or any part of
a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Developer shall pay the actual interest penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Developer shall be awarded its costs and disbursement, including attorney's fees. incurred in bringing the
action. (See Minn. Stat. 9471.425, Subd. 4a.)
40. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
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B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
41. DEVELOPER 's DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, anyone or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all real estate property taxes and assessments with respect to the development property;
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations of this Development Contract; (3) failure by the Developer to observe or
perform any covenant, condition, obligation or agreement on its part to be observed or performed under
this Development Contract; (4) transfer of any interest in the Plat; (5) failure to correct any warranty
deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the City in
connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable Letter of
Credit at least forty-five (45) days prior to its expiration date; (8) receipt by the City from the Developer's
insurer of a notice of pending termination of insurance; (9) a breach of any material provision of this
Development Contract. With respect to this paragraph, "material provision" shall be construed broadly to
offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 39 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
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3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract.
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots, including those lots sold to third parties, in this Plat.
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements.
8. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1-7 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
42. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the
following: (1) the nature of the breach of the term or condition that requires compliance by the Developer,
or the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the
Event of Default; and (3) the time the developer has to cure the breach or remedy the Event of Default.
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:
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Windsor Development, 17271 Kenyon Avenue, #102, Lakeville, MN 55044. Notices to the City shall be
in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in
care of the City Manager at the following address: City of Prior Lake, 16200 Eagle Creek Avenue, Prior
Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City, Notice(s) shall be served
upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan Sipkins & Johnson, Pillsbury
Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
43. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
44. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 40 shall apply to said actions.
45. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the warranty period( s) on the
Developer Installed Improvements, public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may arise out of Developer's work or the
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work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily
injury and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence;
limits for property damage shall be not less than $500,000 for each occurrence; or a combination single
limit policy of $1 ,000,000 or more. The City shall be named as an additional insured on the policy, and the
Developer shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The
certificate shall provide that the City must be given thirty (30) days advance written notice of the
cancellation of the insurance. The Certificate shall be in the form attached hereto as Exhibit C.
46. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at it's sole cost and expense, shall record this Development Contract against
the title to the property within ninety (90) days of the City Council's approval of the Development
Contract. The Developer shall provide the City with a recorded copy of the Development 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 Development 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 indemnifies and holds the City harmless for any
breach of the foregoing covenants.
47. SPECIAL PROVISIONS. The following special prOVISIOns shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the [mal
Plat.
B. The Developer is required to submit the final Plat m electronic format. The
electronic format shall be compatible with the City's current software.
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C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
48. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all 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. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval 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.
E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
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inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
provlSlons.
F. Jurisdicition. This Development Contract shall be governed by the laws of the
State of Minnesota.
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
STATE OF MINNESOTA )
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COUNTY OF
( ss.
)
The foregoing instrument was acknowledged before me this
day of
,20_,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek A venue SE
Prior Lake, Minnesota 55372
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
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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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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CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by
the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to
be bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
Dated this _ day of
,20_.
STATEOFMINNESOTA )
( 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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EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
That part of the South 1319.00 feet of the east half of the Southeast Quarter of Section 24, Township 115,
Range 22, Scott County, Minnesota, lying easterly of a line described as:
Commencing at a point on the south line of said Southeast Quarter distance 311.11 feet west of the
southeast comer thereof; thence a northerly direction to a point on the north line of said South 1319.00 feet
distance 329.99 feet west of the northeast comer there of and said line there terminating.
1:\03 files\03 subdivisions\03 final plat\windsor estates\development contract.doc
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EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned banle
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
, dated
, 20_, of
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
(Address of Bank)
, on or before 4:00 p.m. on November 30, 20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
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EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT: .
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person $2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
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7/29/03
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed OperationslProducts: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM TIllS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
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EXHIBIT E
PROPOSAL
r-OR
SANITARY SEWER, WATERl\IIAIN, STORM SEWER,
AND STREET CONSTRUCTION
AT
fYINDSOR ESI:4TES
PRIOR LAKE, MINNESOTA
Windsor Development, Inc.
17271 Kenyon Ave., Ste. 1027
Lakcvillc, MN 55044
The undersie,TTled, being familiar with your local conditions, having made the field inspections and
investigations deemed necessary, having studied the plans and specifications for the work including
Addenda Nos. and bf;:ing familiar with all factors and other conditions affecting
the work and cost ther~of, hereby proposes to furnish all labor, tools, materials, skills, equipment and all
else necessary to completely construct the project in accordancf:: with the phms and :"'pccitications on tile
with Probe Engineering Co., Inc., 1000 East 146111 Street, Bumsville, Mirulesota.
SA,l'l.lTARY SEWER CON.~.JJ~UCTION
Item No. Description
Unit
Quantity Unit Price
Amount
1. 8" pye Sanitary Sewer
0-10' Dr;:pth - SDR 35
$ 8384-
Lin. Ft.
524 $ Jc:'.-
2. 8" pye Sanitary Sewer
10-12' Depth - SDR 35
Lin. Ft.
502 $ /6'. -
$ ~03;z.,-
3. S" P VC Sanit:.lry Sewer
12 ' - 14' D ep th - S DR 35 Un, Ft. ,}OS $ /0.- $ o 4CO -
I .
I
,,~, Std. Manhole 0-8'
(wi steps & casting) Each $~?oo~ / ;2.. J ~oq -
8 $
r
5, Extra Depth Manhole
(over S') Yert. Ft 30.67 $ 8"6. - $ _2:) 037. ,:::z...
-
6. 4" pve S(jrvice Pipe
SDR<Z6 Lin, Fe. 1400 $ :7,- $ 9,&,,00.-
/
7, . S"x-f' PYC Wyc Each 22 $ _00. - $ J) 32-0. -
.
I'; 8" I)VC Plug Each $ 1.- $ I -
-'---
9. 12" pye Plug Each $ / $ ___I
10. Rock for
Bedding Ton 1000 $ _:52..L :$ ./0 -
11. Mandrel & Pressure 3S7 :>>::
Testing & Televising Lin. Fl. 1431 $ .~ $
12. Test Ron Subgrade Lump SUlll $ ) - $ /. -
13. Connect Each $ /OISQ::l.- $ ./~) StX/. -
to Ex. MH , "
14. Wood Markers Each 22 $ 5- $ //0 -
, ~-
Total Sanitary Sewer Construction: $ S~) ~33:.. ~
WAT~RMATN CONSTRUC(lOJ~.
Item No. Description Unit Quantity Unit Price Amount
1, 6" DTP Watennain
CL. 52 Lin. Ft. 60 $ .2.0. - $ /;Lao I -
-,)
') 8" DIP Watermain
CL. 52 Lin. Ft. 874 $ / Cj, - $ /G>, to,. -
,r
::
3, 12" DIP WJ.temlain
CL. 52 Lin. Fl. 737 $_~G.- $~0 J6-:?-
.:\, S" Gale V[1lvc Each 2 $ __~.~ 0.:: $ -4 3 :z.g,._=
S. [2" Gat~ Valve Each 3 $ -4 7-00, - $ ___37' 0~O. -
6. Connect to Ex. 12" DIP Each $ ;2..)Sc:o. - $ 7-,Soo. -
I I
7, Walennain Fittings Lbs. 2400 $ ), ?5:: $ -1- -, ~
,~.
/
8, 6" Hyd. W/G.V. & 2 flags EilCh 6 $ ;2.. 1;2. 80. - $ /"3 , b~o. -
/ /
9, Rock for bedding Ton 1000 $ ,Of $ /0, -
10. 1" Type K Cu. St:rvice Lin. Fc. $ ??- $__/~ 3f,o!u-
1420 ,
11. I" Service Group Each ...,..., $ )65: - $ ...~ 630,-
-...
12. Steel Pence Posts Each $ S- - $ //0, -
...,...,
13, Hydrostatic & Conductivity 3.3.2.. 3"
Testing Lin. Ft. 1329 $ ,~ $
Total \Vatermain Construction: $ 7~ 710,~
~LQJ~!YLS.E}yKB CO~~T~LJ~TtQN
Item No. Description Unit Quantity Unit Price Amount
1. 12" RCP CL. V Lin. Ft. 0 $ $ -
--.............-....-
2, 15" RCI' CL. V Lin. Ft. 1326 $ ;22, - $ 2'1, /72.-
/
18" RCP CL V Lin. Fl. 280 $ ~4- $ ~)7;W, -
3.
/
4. 21" RCP CL. m Lin. FL. 241 $ ...2:M!~ $_,0266~
5, 4" DRAfN TILE W/SOCK Lin. Fl. 581 $_LZ,':=: $ ~1'77~-
.I
3
6.
CLEAN OUT FOR
DRATN TILE
Each
14
$ .L?5:.~
:5 ;2.. J 450. -
/
7, 12" Bulkhead Each $ )00. - $ /(!)O. -
-~_.-
S, 2':<3' C B Ea. 7 $ ~JC;O,- $ Z )CO, -
/
9. 54" Dia. STMH Ea. $ 2,2-50. - .2;1.250. -
$
/
10, 48" Di<1. CI3iV11-1 Ea. 10 $ ~ 4aI, - $ /I)~' -
11, S pcci 31 S tluctures Ea. 3 $-4K~ $ 5:400. -
(CB-114, CB-117 & CB~120) /
12,
12" pye Schcd-40
Lin. Ft.
12
$ /6.-
$ :2-75:-
$ Jr2. -
$ /(,5"0.-
/
13.
Condui t Crossings
Each
6
14.
infiltration trench from
CB-120 to CB-1i4.
lncludes Trench Exc"
Rock, fabric wrap,
Respn::ad black dirt,
Sodding & peri meter
Snow fence.
Lin Ft,
460
$~~
$:U) b&J.-
Total Storm Sewer Constr\1ction :
$~O ~ S-~~'_-==='
"
STREET CONSTRUC:;;-CfQN
!.~cm No. De$cl"iQtion Unit Qu:mtitv Uni,t Price Amount
._..~---~-
1. Sub grade P repar::Hion Rd. Sta. 16.5 $ )-15- $ ~ 392, SO
_4._....._'_
2. 3138 CL. 5 Aggregate
( 1000/;, crushed 6") Ton 3150 $ 'j,&d- $ .2~ '7~-
3. 2331 BitLlminou~ Base
Course (2-1/2") Ton 856 $ --6.9.. ~ $ ~.A0-, -
,/
4. . ( 2004 ) 2341 Bituminous $ 33.~
Wear Course ( 1-1/2") Ton 510 $ .J~ JS2~
5. Tack Coat Gallon 275 $-2:, - $ $3:Q -
-.-. ~
6. Modified 0412 Concrete Curb
and Gutter ( inel. Backfill ) Un. Ft. 2971 $ t,W- ~
$~.202..
/ -
7. B - 618 Concrete Curb
and Gutter ( incl. Backfill) Lin. Ft. _g. 2E- 4;3~J, -
490 $ $
./
S. Adjust Manhole
( incl. 2 times) Each 9 $_37S;- - $ ~ 376 -
0. Adjust Catch Basin Eaeh 17 $ _/Og,::: $ ~ 700, -
10. Adjust Gate Valve
( incl. 2 limes) Each 10 $ ;2.7S- $ ;2) 7S0, -
. /
II, Shape, Seed, Mulch, and
Disc Anchor Boulevard Lump Sum $ .J. j 000, - $ 2l~~"-=-
/
12. Sod (3' width behind curb) Sq. Yd. 1130 $3 - $~.3J:~__
j
13. Canst. Temp Cul De Sac - Bit Lump Sum $~S-cq - $ S;S-ro.-
./ ,.,
14. Barricade - Type 111 Each 2 $3~- $ 610. -
] 5, 5' Concrete Sidewalk Lin. Ft. 1596 $ /~, 5"0 $ ~1331:-
,/
16. Placement & compaction 2 ft $ .~2::-! ~
Select Granular L.V. (on site) c.Y. 5,200 $ J3l)OO.-
- ./
5
Total Street Construction: $ /S8, :J-81, .f12-
/
Turn Lane Construction
Item No. Description Unit QWln titv Unit Price ^ mount
1. Subgrac1e Preparation Lump Sum. $ :21 COO. - 2.} 000, -
$
/ ,
,., 18" Select Granular
.:...
Borrow - 3149,2B CY (LV) 650 $ ,.l.3_~ ~ $ ? 77~--
J
3, Class 5 (Moclifit:d)
1 3" - 2211 Ton 750 $ )7-. - $ ~ 000, -
4. 4" Type 31 Bic Base
2331 Ton 325 $ 17.~ $ J5: 3.sG.,~
---.:....~ -
5. 2" Type 41 Bit Bindt:r
2331 Ton 175 $SA~ $ ~ 18'"75E'-
6, 2" Type 41 Bit Wear
2331 Ton 175 $ -~~- $._/0 So::;,_-
7. Taek Coat - 2357 Gal 100 $ 0:- $ S-oo. ---=-_.
8, B-618 Cone. Curb & Guttt::T Lf. 1320 $ '1.~ $ -L2:- 5""1-0 -
~~,
9, 5' Cone. Sidewalk
per Savage Std. Detail /8, 22- /01 +S-..2,~
incld.s -subl:,'Tude & pad prep. L[ 565 $ $
/
10. 5' Cone. Sidewalk
per Prior Lake Std. Dl::tail /8.$- $-
inc1ds sub grade & pad prep. Lf. 195 $ $ ~I 607.
1 1 . 8' Bit. Trail
per Prior Lake: Std. Detail 2J J CJC;. -
inclds subgrac1e & pad prep. U. 73 $ 3::1.- $
f
4.~ -
12. Saw Cut & Edge Milling u: 1400 $ $ G,7W,
-/
13. Remove & Dispose offsite
Ex.. Median SY 520 $~- $ ?-J "CO . -
n
19,
COilStl1.lct n<::w Median
per detail. Inclc1s SG Prep SY 1280 $ 1-0: - $~-
Remove & Dispose o!Tsitc
1::.'<, Curb & Cutter Lf 1320 $ 2.:22- $-3;5"""61; -
Sod Bdwt::en Curb &
Sidewalk wi 4" Topsoil SY 375 $ 3, - $ ~/:J.S:-
& Ft::rti1izer /
Canst. 48" Dia C13MH
over Ex. 12" ReF LS ., $ 2, 8co. - $ 0":6co.-
I ---;,
]5" RCP Lf. 14 $ -1S: - $ G3o,-
2'x3' CB fa $ ~.s-Q;),- $ ~ SCO,-
'"
Adj. CB ca 2 $ 37:;', - $ 750. -
Traffic Control Lump Sum $ -1; 7cq__ $ 4i 700, -
..... ) ","_d_ ..._
14.
15.
16
17.
18.
20.
21.
Total Turn L:.lOC & Median Const.: $ J 72, 737: ~
/
Total Contract:
$
S-7? 77-+.l.L
J '
/
Please provide aD alternate unit price for recycled concrete used for the aggregate base :.lS
opposed to Class 5. We will see if cithcr City or the County will accept its use.
Recycled Concrete .unit price
$ (. 50) /1~ IT on
( J ;2.) 7-}-S: -- )
7
EXHIDIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment oftitle insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides financial security, acceptable to the City Engineer prior to release of the final
plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by , will render the final
plat null and void.
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ROBE
ENGINEERING
COMPANY, INC.
l 1000 EAST 146th STREET, BURNSVILLE, MN 55337 (952) 432-3000
July 22, 2003 ~~D)' ($ ,.I(i2., ..8 n~-.:.',-'"
. 1-':, ii.r; I;;' /i ! ~\i
~ - '--' .... ! n Ii
Larry Poppler II /]! JUL 2 3 2003 lij i!
16200 Eagle Creek Avenue SE i '_J lii:/
Prior Lake, MN 55372-1714 ~ L_/!
---~
EXHIBIT E-1
CONSUL liNG ENGINEERS,
PLANNERS and LAND SURVEYORS
Dear Larry,
SUB]ECT:\XfTNDSOR ESTATES, TEMl). CUL-DE-SAC & 14151' STREET
Here is the estimated cost of the west 25 feet of 141 ST Street not being installed to not
disturb the slope and existing spedestals. The estimated cost of the removing the
temporary cul-de-sac and replacing it with street on Kensington Avenue are also listed
below. The prices used for the estimate are from Ryan's bid
Temporary Cul-de-sac removal and street
Mountdble Curb & Gutter 200 LF $6.80
Bit. Base 50 Tons $29.50
Bit. Wear 30 Tons $33.25
Tack Coat 20 Gal. $2.00
Adjust lvlH 1 Each $375.00
5' Sidewalk 90 LF $16.50
Remove & Dispose
Of Temp. Sac 1 LS $2000.00
Subgrade Prep 1 Sta. $145 .00
Topsoil & Sod' 350 SY $5.00
Total
+ Engineering (15%)
Total
West 25 feet of 14151' Street
Mountable Curb & Gutter 50 LF $6.80
Bit. Base 10.5 Tons $29.50
Bit. Wear 7.9 Tons $33.25
Tack Coat 4.2 Gal. $2.00
Class 5 39 Tons $9.50
Seed & Mulch 1 LS $200.00
$1,360.00
$1,475.00
$997.50
$40.00
$375.00
$1,485.00
$2,000.00
$145.00
$1,750.00
$9,627.50
~.1.dJ_4 .12
nn57 f~62
$340.00
$309.75
$262.68
$9.40
$370.50
$2,00.00
Perpetual Joint Pond Agreement - Page 1
JOINT POWERS AGREEMENT FOR
PERPETUAL MAINTENANCE OF STORM WATER POND
WINDSOR POND
AND
WINDSOR ESTATES OF PRIOR LAKE
SAVAGE AND PRIOR LAKE
AGREEMENT made this day of 2003, by and
between the City of Savage, a body politic and corporate under the laws of the State of Minnesota
and the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota.
RECITALS
WHEREAS, this agreement is made pursuant to the authority conferred upon the parties
pursuant to Minnesota Statutes 471.59; and
WHEREAS, it is a requirement in both the City of Savage and the City of Prior Lake for
developers to construct storm water ponds as a public improvements in new developments; and
WHEREAS, it is the practice of both the City of Savage and the City of Prior Lake to
maintain storm water ponds located in dedicated drainage and utility easements upon acceptance of
a development's public improvements; and
WHEREAS, the City of Savage has approved a plat called Windsor Pond and the City of
Prior Lake has approved a plat called Windsor Estates of Prior Lake; and
WHEREAS, the City of Savage and the City of Prior Lake agree that both Windsor Pond
and Windsor Estates of Prior Lake should drain into one regional storm water pond; and
WHEREAS, one storm water pond exists for Windsor Pond and Windsor Estates of Prior
Lake that will serve both developments; and
WHEREAS, any existing area of Prior Lake that is not of the Windsor Pond or Windsor
Estates of Prior Lake plats and currently drains into the pond will not be allowed to discharge into
the pond in the future after development occurs; and
WHEREAS, the storm water pond for Windsor Pond and Windsor Estates of Prior Lake is
located in a drainage and utility easement in the Windsor Pond development; and
WHEREAS, the storm water pond will require periodic maintenance.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The City of Savage and the City of Prior Lake agree to share in all maintenance costs
including construction, legal and administrative costs, with the City of Savage share being 50% and
the City of Prior Lake share being 50%.
3. The City of Savage shall prepare any plans, specifications, bid documents and advertise
for bids for the maintenance of the regional stormwater pond located in the plat of Windsor Pond
and shall provide such documents to the City of Prior Lake for review and comment.
4. Savage shall tabulate the bids upon their receipt and award the contract pursuant to State
Law.
5. The City of Savage shall administer the contract and provide construction engineering
services, which includes staking, inspection, and supervision of construction, for the work. At the
request of the Savage City Engineer, the Prior Lake City Engineer shall cooperate to the extent
necessary with the Savage City Engineer and his staff.
6. Upon completion of the Project and determination of the final construction costs, the
City of Savage shall submit to the City of Prior Lake a final, itemized statement of the City of Prior
Lake's share of the construction and engineering costs for the stormwater pond maintenance. The
City of Prior Lake shall remit its share of the final costs to the City of Savage within thirty (30)
days of approving the itemized statement.
7. Any changes to the contract that result in a cost increase to the City of Prior Lake shall
be submitted to the Prior Lake City Engineer for administrative or City Council approval.
8. Neither party to this Agreement shall be responsible or liable to the other party or to any
other person whomsoever for any claims, damages, actions, or causes of actions of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection
with or by virtue of performance of its own work as provided herein. Each party's obligation to
indemnify the other under this clause shall be limited in accordance with the statutory tort liability
limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for
all claims arising from a single occurrence, include the other party's claim for indemnification, to
the limits prescribed under 466.04.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date indicated below.
CITY OF SAVAGE
BY:
Mayor
DATE:
Thomas M. Brennan
BY:
City Administrator
Barry Stock
CITY PRIOR LAKE
BY:
Mayor
DATE:
Jack G. Haugen
BY:
City Manager
Frank Boyles
STATE OF MINNESOTA)
)ss
COUNTY OF SCOTT )
On this day of ,200_, before me a Notary Public within and
for said County, personally appeared THOMAS M. BRENNAN and BARRY STOCK to me
personally known, who being each by me duly sworn, each did say that they are respectively the
Mayor and City Administrator of the City of Savage, the municipality named in the foregoing
instrument, and that they acknowledged said instrument in behalf of said municipality by
authority of its City Council and said Mayor and City Administrator acknowledged said
instrument to be the free act and deed of said municipality.
Notary Public
STATE OF MINNESOTA)
)ss
COUNTY OF SCOTT )
On this day of ,200_, before me a Notary Public within and
for said County, personally appeared JACK G. HAUGEN and FRANK BOYLES to me
personally known, who being each by me duly sworn, each did say that they are respectively the
Mayor and City Manager of the City of Prior Lake, the municipality named in the foregoing
instrument, and that they acknowledged said instrument in behalf of said municipality by
authority of its City Council and said Mayor and City Manager acknowledged said instrument to
be the free act and deed of said municipality.
Notary Public
Access Improvement
CSAH 42 @ Meadow Avenue
County of Scott
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this
day of
,2003, by and
between the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City" and the County of Scott, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the" County".
WITNESSETH:
WHEREAS, the City is considering approval of the final plat for Windsor Estates, a residential
WHEREAS, the spacing of current full accesses along C
safety and mobility problems for the traveling public; an
at the existing CSAH 42 &
development which proposes a City street access to CSAH 42 from the n
Meadow Avenue intersection; and
has the potential to create
WHEREAS, the City and County
appropriate location for a full ace
rsection of CSAH 42 & Aspen Avenue is a more
WHEREAS, the City an
public to revise the geometric de
agree that it is in the best interests of the safety of the traveling
the intersection of CSAH 42 at Meadow Avenue from a full street
access to a right in/right out access only as part of the Windsor Estates development proposal; and
WHEREAS, the County has expressed its willingness to participate in the construction costs of the
access revisions; and
WHEREAS, Said work shall be carried out under the direction of the City.
NOW, THEREFORE, IT IS HEREBY AGREED:
1
Access Improvement
CSAH 42 @ Meadow Avenue
County of Scott
I
The City shall obtain an approved access permit from the County for all work required at the
intersection, including installation of a right turn lane for westbound CSAH 42 traffic. Such work shall be
hereinafter referred to as "the project". The construction plans for the project shall be submitted by the City to
the County with the access permit application. All work shall be completed consistent with the plans approved
by the County through approval of the access permit, and with all other standard conditions of access permit
approval. The County shall inspect the construction of the necessary work within the CSAH 42 right-of-way at
the sole cost ofthe County.
II
The County will reimburse the City Treasurer for 50% of the construction costs of the median revisions
necessary to convert the CSAH 42 at Meadow Avenue intersection to a right-inJright-out design.. Based on the
City's estimate for the project of $87,400, the County's contribution will be $43,700. This amount shall be
paid by the County to the City upon the County's approval of all work completed as part of the project.
III
The City shall support the timely construction of the access modification to CSAH 42. The City shall
not issue more than 50% of eligible building permits for Windsor Estates until the County has approved all
work required as part of the project.
IV
The construction of this project shall be under the general supervision and direction of the City. The
County, through the permitting process, shall be responsible for final approval of all work required for the
project. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent
necessary.
2
Access Improvement
CSAH 42 @ Meadow Avenue
County of Scott
v
Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent performance or
nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City,
or arising out of the negligence of any contractor under any contract let by the City for the performance of said
work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless
from all claims, demands, actions or causes of action arising out of negligent performance by the City, its
officers, agents or employees.
VI
It is further agreed that neither the City, its officers, agents or employees, either in their individual or official
capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of
action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement
work by the County, or arising out of the negligence of any contractor under any contract let by the County for
the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and
employees harmless from all claims, demands, actions or causes of action arising out of negligent performance
by the County, its officers, agents or employees.
VII
It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any
other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising
out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of
any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost
and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever
character arising in connection with or by virtue of performance of its own work as provided herein.
3
Access Improvement
CSAH 42 @ Meadow Avenue
County of Scott
VIII
It is further agreed that any and all employees of the City and all other persons engaged by the City in the
performance of any work or services required or provided herein to be performed by the City shall not be
considered employees, agents or independent contractors of the County, and that any and all claims that mayor
might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a
consequence of any act or omission on the part of said City employees while so engaged in any of the work or
services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the
obligation or responsibility ofthe County.
Any and all employees of the County and all other persons engaged by the County in the performance of
any work or services required or provided for herein to be performed by the County shall not be considered
employees, agents or independent contractors of the City, and that any and all claims that mayor might arise
under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on
behalf of said County employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said County employees while so engaged in any of the work
or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be
the obligation or responsibility ofthe City.
IX
The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and
discrimination and the affirmative action policy statement of Scott County shall be considered a part of this
agreement as though fully set forth herein.
4
Access Improvement
CSAH 42 @ Meadow Avenue
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF SAVAGE
(SEAL)
By
Jack G. Haugen, Mayor
And
Frank Boyles, City Administrator
Date
Date
COUNTY OF SCOTT
ATTEST:
By
David Unmacht, County Administrator
By
Jon Ulrich, Chair of Its County Board
Date
Date
Upon proper execution, this agreement
will be legally valid and binding.
RECOMMEND FOR APPROVAL:
By
Pat Ciliberto, County Attorney
By
Bradley Larson, County Highway Engineer
Date
Date
APPROVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
W:\ WORD\AGRM1\Access\PL-42&Meadow.doc
5/28/97
Rev. 5/28/97
5