HomeMy WebLinkAbout4B - Deerfield 4th and 5th Fina
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
CITY COUNCIL AGENDA REPORT
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MAY 7, 2001
4B
JANE KANSIER, PLANNING COORDINATOR
DONALD R. RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING
THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR
THE DEVELOPMENTS TO BE KNOWN AS DEERFIELD 4TH
ADDITION AND DEERFIELD 5TH ADDITION
DISCUSSION: History: On January 18,2000, the City Council adopted Resolution
, " 00-08 approving the preliminary plat for Deerfield. The preliminary
)~ - \)\<)~'\i~ ~' plat consisted of 165 acres to be developed with 78 single family lots
6'~v-~<"'" F~ and 462 townhouse lots, for a total of 540 units. The plat also includes
tr C~ Y\~~I'\.t.Q.b a 26 acre public park and lots for common area.
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The final plats to be known as Deerfield 4th and Deerfield 5th Addition
encompass the second phase of the Deerfield development. These
final plats create lots for a total of 115 townhouse units. With the
approval of these final plats, there will be 248 units remaining to be
platted in the Deerfield development.
Deerfield 4th Addition consists of 5.45 acres to be subdivided into 35
lots for townhouse units. Deerfield 5th Addition consists of 13.67 acres
to be subdivided into 20 lots for the development of 80 of the coach
units. The plats are created separately for ease in identifying the
developments on the homeowner's association documents.
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 plats and finds them to be in substantial
compliance with the approved preliminary plat. All of the conditions
placed on the preliminary plat have been satisfied. The final plats are
subject to six conditions, which will be satisfied prior to the release of
the final plat documents.
1:\01 files\O 1 subdivisions\final plat\deerfield 4 & 5\finalcc.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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FISCAL IMP ACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
Thp If,:f,:lJpf,:" The development contract specifies the required
improvements for this plat. Sanitary sewer and watermain trunk area
charges, and collector street fees are outlined in the contract. The
parkland dedication requirements for this plat were paid as part of the
original development contract. However, these subdivisions will be
subject to the $850 per unit park support fee collected as part of the
building permit for each unit.
rnnrlm;nn- A copy of the development contract is attached to this
report. Staff will be available to discuss the details of this contract
with the Council.
Rwlgpf lmpnrf" Approval of this final plat will allow construction of
new dwellings, which will contribute to the City's tax base. The
required development fees are deposited into the appropriate City
accounts.
The City Council has three alternatives:
1. Adopt a Resolution approving the final plats and Development
Contract for Deerfield 4th Addition and Deerfield 5th Addition
2. Deny the resolution approving the final plats.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative # 1. This requires a motion and second
to adopt a resolution approving the final plat and Development
Contract for Deerfield 4th Addition and Deerfield 5th Addition and
authorizing the Ma~ r and City Manager to sign the Development
Contract.
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1 :\0 1 files\O 1 subdivisions\final plat\deerfield 4 & 5\finalcc.doc
Page 2
;3
RESOLUTION 01'
"rINNESO"'l'-
LUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF
"DEERFIELD 4TH ADDITION" AND "DEERFIELD 5TH ADDITION" AND DEVELOPMENT CONTRACT
AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY:
SECOND BY:
WHEREAS: on January 18, 2000, the City Council approved the preliminary plat known as
Deerfield, subject to conditions identified by Resolution 00-08; and
WHEREAS: the City Council has found that the final plats of "Deerfield 4th Addition" and "Deerfield
5th Addition" are in substantial compliance with the approved preliminary plat for
Deerfield; and
WHEREAS: the City Council has approved the final plats of "Deerfield 4th Addition" and "Deerfield
5th Addition".
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. A current title opinion or commitment of title insurance be 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: 1" = 800'; 1" = 200'; and one
red uction 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 be submitted.
5. The developer provide 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 60 days from the
date of final plat approval. Failure to record the documents by July 7, 2001, will render the final plat
null and void.
Passed and adopted this 7th day of May, 2001.
YES NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
l:\Olfiles\Olsubdivisions\final plat\deerfield 4 & 5\resolution.doc Page I
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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DEERFIELD PHASING PLAN
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DEVELOPMENT CONTRACT
DEERFIELD 4TH ADDITION
DEERFIELD 5TH ADDITION
PROJECT #01-37
AGREEMENT dated May 7,2001, by and between the CITY OF PRIOR LAKE, a Minnesota
municipal corporation ("City"), and D.R. Horton (the "Developer").
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
Plat for Deerfield 4lh Addition and Deerfield 5lh Addition (referred to in this 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 Contract, furnish the security required by it, and record the Plat with
the County Recorder or Registrar of Titles within 60 days after the City Council approves the final Plat.
3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
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until all the following conditions have been satisfied: 1) this 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. 00-08 dated January 18, 2000, approving
the Preliminary Plat for Deerfield.
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 Contract
or the Resolution approving the Final Plat and the breach has not been remedied. Development of
subsequent phases may not proceed until Development Contracts for such phases are approved by the
City. Fees and charges collected by the City in connection with infrastructure and public improvements
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 following
plans. The plans shall not be attached to this Contract, but are incorporated by reference and made a part
of this Contract as if fully set forth herein. If the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A --
Final Plat Dated April 3, 2001 (Prepared by Paramount Engineering)
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Plan B --
Final Grading, Development, and Erosion Control Plan(s). The soil
erosion plan must also be approved by the Prior Lake/Spring Lake
Watershed District. Dated April 25, 2000 (Prepared by Paramount
Engineering)
Plan C --
Tree Preservation and Replacement Plans and Landscaping Plan Dated
April 26, 2000 (Prepared by Paramount Engineering)
Plan D --
One set of Plans and Specifications for Developer Improvements Dated
March 1, 2001 and revised April 11, 2001 (Prepared by Paramount
Engineering)
Plan E --
Street Lighting Plan Dated August 4, 2000 (Approved PUD Plan)
7. DEVELOPER 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 Ponding
H. Underground Utilities
1. Setting of Iron Monuments
J. Sidewalks and Trails
K Landscaping
The improvements shall be installed in accordance with the City 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
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from the Metropolitan Council and other agencies before proceeding with construction. The Developer,
its contractors and subcontractors, shall follow all instructions received from the City's authorized
personnel. The Developer or his 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. ~ 505.02. The Developer's surveyor shall submit a written notice to the City certifying that
the monuments have been installed.
8. CONSTRUCTION OBSERVATION.
a. The City's authorized personnel shall inspect the DEVELOPER
IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by
the City shall include:
1. Inspection of required improvements which include grading, sanitary
sewer, watermain, storm sewer/ponding and street system.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain and storm
sewer facilities.
9. DEVELOPER 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.)
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d. Project Testing: The Developer is responsible through its testing company, at the
Developer's cost, to provide testing to certify that Developer Improvements were completed in
compliance with the approved [mal plans and specifications. The personnel performing the
testing shall be certified by the Minnesota Department of Transportation. The City Engineer may
require additional testing if in his opinion adequate testing is not being performed. The cost of
additional testing is to be paid by the Developer.
e. Lot corners and monuments
10. BOULEVARD AND AREA RESTORATION. The Developer shall lay cultured sod in
all boulevards within 30 days of the completion of street related improvements and restore all other areas
disturbed by the development grading operation in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment.
11.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one 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 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.
12. OCCUPANCY. A permanent Certificate of Occupancy shall not b'e 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.
13.
TIME OF PERFORMANCE.
The Developer shall install all required public
improvements by August 30, 2001, with the exception of the [mal wear course of asphalt on streets. The
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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 may, however, request an extension of time from the
City. 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 Plat development.
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
additional erosion control requirements if, in the City Engineer's opinion they are necessary to meet
erosion control objectives at no cost to the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith 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 instructions received from 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. If the Developer does not reimburse the City for any cost the City incurred for
such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements.
16. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the
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Developer shall identify in writing a responsible party for erosion control, street cleaning, and street
sweepmg.
17. GRADING PLAN. The Plat shall be graded in accordance with the approved grading,
development and erosion control plan(s), Plan "B". The plan shall conform to City of Prior Lake Public
Works Design Manual.
Before the City releases the 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 corners 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 IMPROVEMENTS.
Upon completion of the Developer
Improvements required by this Contract and fmal written acceptance by the City Engineer, the
improvements lying within public easements shall become City property without further notice or action
with the exception of the private streets and storm sewer. The maintenance and repair of the private
streets and storm sewer shall be the Developer's responsibility.
19. 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 project, project monitoring during
the warranty period, processing of requests for reduction in security, and City legal expenses. Fees for
this service shall be six percent (6 %) of the estimated construction cost as detailed in Exhibit E, less
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oversizing costs outlined in Exhibit D, Section A, assuming normal construction and project scheduling.
The provisions of this paragraph are subject to adjusnnent pursuant to Paragraph 39 of this Development
Contract.
20. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%) of
the estimated construction cost, less oversizing costs outlined in Exhibit D, Section A, for construction
observation performed by the City's authorized personnel. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction.
The provisions of this paragraph are subject to adjusnnent pursuant to Paragraph 39 of this Development
Contract.
21. STORMWATER MANAGEMENT FEE. The Developer shall pay a storm stormwater
management fee of $50,355.00 prior to the City signing the final Plat. The amount was calculated as
follows: 17.11 acres at $2,943.00 per acre.
22. SANITARY SEWER AND WATERMAlN TRUNK AREA CHARGES. A Sanitary
sewer and watermain trunk area charge of $59,885.00 shall be paid by the Developer for sanitary sewer
and watermain trunk improvements prior to the City signing the [mal Plat. The amount was calculated as
follows: 17.11 acres at $3500.00 per acre.
23. COLLECTOR STREET FEE. This Development Contract requires the Developer to pay
a collector street fee of $25,665.00 for collector street improvements prior to the City signing the fmal
Plat. The amount was calculated as follows: 17.11 acres at $1500.00 per acre.
24. PARK AND TRAIL DEDICATION. Parkland dedication requirements were satisfied by
dedication and cash payments as part of Deerfield. The development shall be subject to a park support
fee of $850.00 per residential unit. This fee will be collected at the time building permits are issued.
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25. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND
OPERATIONAL COSTS. Before the City signs the final Plat, the Developer shall pay to the City $0.00
for installation of traffic control signs and street signs. The Developer shall be fmancially responsible
for the installation of street identification signs and non-mechanical and non-electrical traffic control
signs. Street signs will be in conformance with the names as indicated on the Plat and pursuant to City
standards. The actual number and location of signs to be installed on public streets shall be determined
by the City and actual installation shall be performed by City authorized personnel. The Developer shall
be responsible for the installation of street signs on the private streets. 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 street light
plan must be acceptable to the City Engineer and in accordance with Exhibit F.
26. LANDSCAPING. Landscaping for this development shall be provided as shown on Plan
C. The landscaping requirements for the townhouse portion of the development and the tree
preservation requirements shall be provided by the developer. Subject to approved Plan C, the Developer
shall provide a financial guarantee based on an amount equal to 125 % of the estimated cost to furnish
and plant the required landscaping. The total amount of this guarantee is listed in Section 26 of this
Contract.
27. TREE PRESERV AT/ON AND REPLACEMENT. This development is subject to the
Tree Replacement requirements as shown on approved Plan C. The required financial guarantee of
$347,383.37 was provided with the development contract for Deerfield. The security shall be
maintained for a least one (1) year after the date the last replacement tree has been planted. At the end of
such year, 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
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maintained and shall secure the Developer's obligation to remove and replant replacement trees which
are not alive or are unhealthy, and to replant missing trees. Upon completion of the replanting of these
trees, the entire security may be released.
28. SECURITY. To guarantee compliance with the terms of this Contract, payment of real
estate taxes including interest and penalties, payment of special assessments, payment of the costs of all
public improvements, and construction of all public improvements, the Developer shall furnish the City
with an Irrevocable Letter of Credit in an amount equal to 125 % of the estimated Developer
Improvement Costs. The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank
("Security") for $1,060,530.00, plus a cash fee of $235,243.00 for City Development Fees. The amount
of the Security was calculated as follows:
DEVELOPER IMPROVEMENTS COSTS:
Sanitary Sewer
$
137,836.90
Watermain
$
156,380.00
Storm Sewer
$
152,274.00
Streets/ S idewalks/T rails
$
401,932.90
Landscaping
$
0.00
ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL
$
848,423.80
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
1.060.530.00
CITY DEVELOPMENT FEES:
City Administration Fee (6%) (19)
$
49,669.00
City Construction Observation (6 %) (20)
$
49,669.00
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Storm Water Management Fee (21) $ 50,355.00
Sanitary Sewer and Watermain Trunk Area Charges (22) $ 59,885.00
Collector Street Fees (23) $ 25,665.00
Park Dedication Fee (if in lieu of land) (24) $ 0.00
Street and Traffic Control Signs (25) $ 0.00
TOTAL CITY DEVELOPMENT FEES $ 235.243.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank shall be subject to the approval of the City Manager. The Security shall be for a term ending
December 31, 2001. Individual Security instruments may be for shorter terms provided they are replaced
at least sixty (60) days prior to their expiration. The City may draw down the Security, without notice,
for any violation of the terms of this Contract or if the Security is allowed to lapse prior to the end of the
required term. If the required Developer Improvements are not completed at least thirty (30) days prior
to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the
proceeds shall be used to cure the default.
29. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that work
has been completed and financial obligations to the City have been satisfied, with City approval the
Security may be reduced from time to time by seventy-five percent (75 %) of the fmancial obligations that
have been satisfied. Twenty-five percent (25 %) of the Security shall be retained until all improvements
have been completed, all financial obligations to the City satisfied, and the required "as-built" grading
plans and information have been received by the City. The City Public Works Design Manual outlines
the procedures for Security reductions.
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets
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is one year. The warranty period for underground utilities is two years. The warranty period on streets
shall conunence after the fmal wear course has been installed and accepted by the City and the warranty
period on underground utilities shall conunence following their completion and acceptance by the City.
The Developer shall post maintenance bonds to secure the warranties. All trees shall be warranted to be
alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be
warranted for twelve (12) months from the time of planting. The City shall retain twenty-five percent
(25 %) of the Security posted by the Developer until the Developer Improvements are accepted by the
City Engineer and the bonds are furnished to the City. The security retainage may be used to pay for
warranty work. The City standard specifications for utilities and street construction identify the
procedures for final acceptance of streets and utilities.
31. REDUCTION OF SECURITY TO FIVE PERCENT (5%). The Security guaranteeing
satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of the
construction costs as set forth in Paragraph 28 by the City Engineer in writing and by providing the City
a performance bond or a warranty bond from the Developer or its contractors in an amount equal to the
construction costs which shall be in force for one (1) year for streets and two (2) years for utilities (the
"Warranty Period") following acceptance of all required improvements and shall guarantee satisfactory
performance of such improvements. All punch list items must be completed before a reduction in
Security will be considered. The Warranty Period for a particular Developer Improvement shall
conunence on the date the City Engineer issues written acceptance of the Developer Improvement. The
City Engineer may establish a lost of the individual Developer Improvements that the Developer will
install as part of the Plat. The City Engineer may accept one or more individual Developer
Improvements prior to the completion of all Developer Improvements. The City Engineer shall
determine whether particular Developer Improvements are so integral to one another so as not to make it
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feasible or practical for the City to accept one Developer Improvement prior to the completion of other
related Developer Improvements.
The five percent (5 %) Security shall not be released until the Developer provides the City
Engineer with a certificate from the Developer's land surveyor stating that all irons have been set
following site grading and utility and street construction.
32. OVERSIZING. City and Developer agree that the Developer Improvements should be
oversized for the benefit of future development. Oversizing is the construction of a Developer
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, grading,
and road improvements. City and Developer agree that the cost of system oversizing to be reimbursed
to the Developer is $20,611.50 based upon a cost estimate as determined by both quotes received from
the Developer's subcontractor and the City Engineer using the City's Assessment Policy based on a final
engineering design. The calculation for oversizing is attached as Exhibit D.
If the City Engineer determines additional work as the result of oversizing is required, the City
shall reimburse the Developer for the costs associated with this work.
33. CLAIMS.
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 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
Security in an amount up to 125 % of the c1aim(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
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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 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 1 V2 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. ~471.425, Subd. 4a.)
34. SPECIAL PROVISIONS. The following special provISIOns shall apply to Plat
development:
A. Implementation of the conditions listed in the Resolution approving the fmal plat.
B. The Developer is required to submit the fmal Plat in electronic format. The
electronic format shall be compatible with the City's software (AutoCAD Release 13).
C. The provisions of Minn. Stat. ~462.358 are incorporated herein as if fully set
forth. If any of the provisions, criteria, performance standards or the like in this Development contract
or in any City Ordinance applicable to this Development Contract are more stringent than those set forth
in Minn. Stat. ~462.358, the more stringent provision, criteria, performance standard or the like shall
apply.
35. RESPONSIBILITY FOR COSTS.
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A. Once the City Engineer approves the construction costs or estimates for the
developer Improvements, except those that are subject to oversizing as described in Paragraph 32 of this
Development Contract, there will not be any reimbursement to the City by the Developer or to the
Developer by the City for City Administration or Construction Observation Fees. The Developer shall
not be responsible for paying City Administration or Construction Observation Fees on the construction
costs or estimates associated with oversizing.
B. The Developer shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt Plat development and construction until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year.
36. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except
in an emergency as determined by the City, is fIrst given notice of the work in default, not less than 48
hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City
to seek a Court order for permission to enter the land. When the City does any such work, the City may,
in addition to its other remedies, assess the cost in whole or in part against all or any portion of the
property within the Plat. The Developer hereby waives any and all procedural or substantive objections
to any special assessment levied to pay the cost to remedy a Developer default, including but not limited
to hearing requirements and any claim that the assessment exceeds the benefit to the Property.
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37. 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.
38. MISCELLANEOUS.
A. 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. Developer shall be responsible for all street maintenance until fmal written
acceptance by the City of the Developer 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.
C. Third parties shall have no recourse against the City under this Contract.
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D. Breach of the terms of this Contract by the Developer shall be grounds for denial
of building permits, including those sold to third parties, and shall be grounds for the City to order all
work on the Plat to cease.
E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Contract.
F. Grading, curbing, and one lift of bituminous shall be installed and accepted on all
public streets prior to issuance of any certificates of occupancy, except for model purposes only, a
maximum of ten percent (10 %) of the total lots in the active phase of the subdivision may be issued
building permits prior to utility and street construction. All such lots must be readily accessible for
inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an
existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of
Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion
of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water
connection permits may be issued and no permanent certificates of occupancy may be issued until the
streets needed for access have been paved with a bituminous surface and the Developer Improvements
including utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by resolution of the City Council. The City's failure to promptly take legal action
to enforce this Contract shall not be a waiver or release.
l:\Olfi1es\Olsubdivisions\final p1at\deerfie1d 4 & 5\dev contract.doc
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17
H. This Contract shall run with the land. The Developer, at his/her sole expense,
shall record this Contract against the title to the property within ten (10) days of the City Council's
approval of the Contract. The Developer shall provide the City with a recorded copy of the Contract.
The Developer covenants with the City, its successors and assigns, that the Developer is well seized in
fee title of the property being final platted and/or has obtained consents to this Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being [mal platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
I. 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 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 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.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from time to time as often and in such order as
1:\01 files\Olsubdivisions\final plat\deerfie1d 4 & 5\dev contracLdoc
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18
111 Jr
.
111
. .
. . . -
....._'1>. ~'... .,&.....:.,'''',,-..._:--....M:_:~~~.;.:,......,_..;,,__....~_,~,,:.:..~..,aI.:.!-...:::..-....,_~.~:~~"....-..~~~~;..i.u..:._~}....;.,...,W.s...;A'_"'...'_................._....;.~;.~~~:_.___.___.-_~,_,...~'-'-....~._.'~,', ~
may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
K. The Developer may not assign this 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.
39. AMENDMENTS. Developer hereby acknowledges that the City is working with the
Developer Community through a series of "Developer Workshops" to standardize its Development
Contract. If the City Council approves a standardized Development Contract, and the terms, provisions
or conditions thereof differ materially from the terms, provision or conditions herein, City agrees it will
amend this Development Contract, if requested by the Developer, to be consistent with the provisions
and the approved standardized Development Contract referenced herein. If a standardized Development
Contract provides for fees that differ from those set forth in this Development Contract, the fees in this
Development Contract will be amended to be consistent with the fees established in a standardized
contract. Not withstanding the foregoing, no amendment to this Development Contract shall be made
unless both parties agree in writing to the amendment.
40. NOTICES. Required Notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address: D.R. Horton, Inc., 20860 Kenbridge Court, Suite 100, Lakeville, Minnesota,
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 Ha11eland
1:\01 files\Olsubdivisions\final plat\deerfie1d 4 & 5\dev contract.doc
5/2101
19
Lewis Nila:!' Siplcins & Johnson, Pillsbury Center South, 220 South Sixth S1rcet. Suite 600, Minneapolis,
Minnesota,' iS402-4501.
41., INTERPRETATION, This Development Contract shall be interpreted in ac.corc:ianc:
I
with and gl'verned by the laws of the State of Minnesota. The words herein and hereof and words of
similar imV: In, without reference to any particular section or subdivision. refer to this Contract as a
whole ratht! ' than to any particular section or subdivision hereof. Titles in this Contract are inserted fer :
I
i
convenient;,. of reference only and shall be disrcguded in comltl11ctlng or interpreting any of its ~.
provisions.
I
42'1
JURISDICTION.. Tb.is Contract shall be governed by the laws of the State of Minnesota.
-
CITY OF PRIOR LAKE
(SEAL)
By:
Wesley M. Mader. Mayor
Reviewed i I J! Form and Execution:
,
By:
FrUlk Boyles, City Manager
By; .'
SUCSBII l.ea Pace
City A:,: :orncy
;~~
By:
Its :
1:\Olfilea\Ol:. tbdivisiol1&\final pllt\deerfield. '" 5\dev COQl.flct,doe
4/30/01
20
III
.
111
ST A TE OF MINNESOTA)
( ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of ,20
by Wesley M. Mader, 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 )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
day of
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
SLP:kgm
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5/2/01
21
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
NOT ARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1:\01fi1es\01subdivisions\fina1 p1at\deerfie1d 4 & 5\dev contract.doc
5/2/01
22
III I
.
lIT
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:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1: \0 1 files\O 1 subdivisions\fina1 pJat\deerfie1d 4 & 5\dev contract. doc
5/2/01
23
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_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20 by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale OffIce Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1:\Olfiles\Olsubdivisions\fina1 plat\deerfie1d 4 & 5\dev contracLdoc
5/2/01
24
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ExmBIT "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
Irrevocable Letter of Credit in the amount of $
sight on the undersigned bank.
(Name of Developer) and in your favor, our
, available to you by your draft drawn on
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
20_, of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
November 30, 20_
(Address of Bank)
, on or before 4:00 p.m. on
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
1: \0 1 files\O 1 subdivisions\final plat\deerfield 4 & 5\dev contracLdoc
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In
.
, 11
EXHIBIT "e"
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:
City of Prior Lake
1 6200 Eagle Creek A venue
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:
$ 500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
1:\Oltl1es\01subdivisions\fina1 p1at\deerfield 4 & 5\dev contract.doc
5/2/01
31
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: 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:
$500,000 each person
$1,000,000 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 THIS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1: \0 1 files\O 1 subdivisions\final p1at\deerfie1d 4 & 5\dev contract. doc
5/2/01
32
111 r
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111
EXHIBIT 0
OVERSIZING COSTS
DEERFIELD FIFTH ADDITION
I
i UNIT PRICE UNIT PRICE OVERSIZING
ITEM NO DESCRIPTION UNIT OTY. 12" PIPE 8" PIPE I COST I CITY COST
WATERMAIN*
23 12" DIP WATERMAIN LF 1210 $ 24.00 $ 16.25 $ 7.75 $ 9,377.50
27 12" GATE VALVE EA 4 $ 946.00 $ 550.00 $ 396.00 $ 1,584.00
30* FITTINGS FOR 12" DIP LB 3860 $ 2.50 $ 2.50 $ 9,650.00 $ 9,650.00 ,
TOTAL OVERSIZING $ 20,611.50
. PER ASSESSMENT POLICY CITY WILL REIMBURSE FOR OVER SIZING IF MAIN IS LARGER THAN 8" ,
i
MARCH 3.2001
EXHIBIT E
ENGINEER ESTIMATE [, ?,-.:-', ,-' ~~ ..:-- -- . .- ---,
:: ~ v', ! ,._ I
\'1 - ,-- \~-;::--=--~_.,--
'I' , ,
Ill'
I . APR I 2 2001 i!
DEERFIELD 5TH. ADDITION ' . . '.
I ~:: ; I
!, '. 'r" i
ji:1 I, I !~/!
IUUL
SCHEDULE A - SANITARY SEWER I I
I
ITEM ESTIMA TED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 8" PVC, SDR 35 0'-10' L.F. 1193 $17.50 $20,877.50
2 8' PVC, SDR 35 10'-12' L.F. 253 $17.50 ~4.427.50
3 8" PVC SDR 35 12'-14' L.F. 111 $17.50 ~1 ,942.50
, ,
4 8" PVC, SDR 35, 14'-16' L.F. 175 $18.50 ~3,237.50
5 8" PVC, SDR 26,10'-12' L.F. 10 $17.50 $175.00
6 8" PVC, SDR 26,12'-14' L.F. 10 $17.50 $175.00
7 8" PVC, SDR 26, 14'-16' L.F. 15 $18.50 ~277.50
8 8" PVC, SDR 26, 16'-18' L.F. 120 $19.50 ~2,340.00
9 STANDARD MH TO 10' EA. 11 $1,690.00 $18,590.00
10 EXTRA DEPTH MH V.F. 22 $75.00 $1 ,650.00
11 6" X 8" WYE EA. 16 $46.00 .$736.00
12 6" PVC, SERVICE L.F. 915 $16.00 ~14,640.00
13 6" PVC, RISER V.F. 6 $20.00 $120.00
14 CONN. TO EXISTING EA. . 1 $1,000.00 $1,000.00
15 1-1/2" ROCK BEDDING TON 335 $1 0.50 $3.517.50
16 SAND BEDDING MAINLINE L.F. 1682 $2.40 ,$4,036.80
17 SAND BEDDING ( SER.) L.F. 915 $1.10 $1 ,006.50
18 6" CLEAN OUTS EA. 16 $61 .00 $976.00
SUBTOTAL SCHEDULE A - SANITARY SEWER
$79,725.30
P.A.GE 1 OF 4
III
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III
APRJL 10, 2001 EXHIBIT E
ENGINEER ESTIMATE
DEERFIELD 5TH. ADDITION
SCHEDULE B - WATERMAIN REVISED 4/10/01
ITEM ESTIMA TED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 12" DIP L.F. 1210 $24.00 $29,040.00
2 8" DIP L.F. 1,350 $16.25 $21 ,937.50
3 8" DIP REMOVE & SALVAGE L.F. 45 $5.00 $225.00
4 6" DIP L.F. 85 $14.00 $1 ,190.00
5 4" DIP (SERVICES) L.F. 1,350 $13.70 $18.495.00
6 HYDRANT WNALVE EA. 5 $1,720.00 $8,600.00
7 HYDRANT (SALVAGED) EA. 2 $1 ,720.00 $3 .440.00
8 12" GATE VALVE EA. 2 $950.00 $1 ,900.00
9 8" GATE VALVE EA. 4 $550.00 $2,200.00
10 4" GATE VALVE EA. 16 $390.00 $6,240.00
11 CONNECT TO EXIST. EA. 1 $300.00 $300.00
12 FITTINGS (DUCTILE IRON) LBS. 9,040 $2.50 $22,600.00
SUBTOTAL SCHEDULE B. WATERMAIN $116,167.50
'AGE 2 OF 4
;y',A~C~'; 2.200,
EXHIBIT E
ENGINEER ESTIMATE
DEERFIELD 5TH. ADDITION
SCHEDULE C - STORM SEWER
ITEM ESTIMA TED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 12" RCP, CL.5 L.F. 265 $21 .00 $5.565.00
2 15" RCP, CL.5 L.F. 612 $23.00 $14,076.00
3 18" RCP, CL.5 L.F. 457 $25.00 $11 ,425.00
4 27" RCP, CL.2 L.F. 278 $42.00 $11 ,676.00
5 30" RCP, CL.2 L.F. 151 $48.00 $7,248.00
6 36" RCP, CL.2 L.F. 160 $58.00 ~9,280.00
7 42" RCP, CL.2 L.F. 421 $76.00 $31 ,996.00
8 STANDARD MH EA. 1 $1,350.00 .$1.350.00
9 54" DIA. MH EA. 1 $1,510.00 .$1.510.00
10 66" DIA. MH EA. 2 $1,800.00 .$3,600.00
11 STANDARD CB EA. 10 $1,025.00 $10.250.00
12 STANDARD CB/MH EA. 7 $1,360.00 .$9,520.00
13 54" DIA. CBMH EA. 3 $1,520.00 .$4,560.00
14 60" DIA. CBMH EA. 1 $1,670.00 .$1 ,670.00
15 66" DIA. CBMH EA. 2 $2,200.00 .$4 .400.00
16 84" DIA. CBMH EA. 1 $3,500.00 .$3,500.00
17 42" FES WfTG EA. 1 $1,760.00 $1 ,760.00
18 RIP RAP CY. 12 $45.00 $540.00
19 4" PERF. DRAIN TILE L.F. 1750 $4.00 $7,000.00
20 4" SOLID DRAIN TILE L.F. 650 $4.00 $2,600.00
21 4" PVC CLEANOUT EA. 12 $250.00 $3,000.00
SUBTOTAL SCHEDULE C - STORM SEWER
-$146,526.00
PAGE 3 OF 4
111 r
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ArlRIL 10, 2D01' . EXHIBIT E
ENGINEER ESTIMATE
DEERFIELD 5TH. ADDITION
SCHEDULED 0 - STREETS REVISED 4/10/01
ITEM ESTIMA TED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 0412 CURB & GUTTER L.F. 5,835 $5.95 $34,718.25
2 B-618 CURB & GUTTER L.F. 2,210 $6.50 $14,365.00
3 ADJUST MH CASTINGS EA. 13 $175.00 $2,275.00
4 CLASS 5 AGG. BASE (6") S.Y. 16,575 $3.85 $63,813.75
5 BIT. BASE, TYPE 31 (2") S.Y. 14,340 $3.00 $43,020.00
6 BIT. WEAR, TYPE 41 (1-1/2") S.Y. 14,340 $2.50 $35,850.00
7 BIT. TACK COAT GAL. 720 $1.85 $1 ,332.00
8 GRANULAR BORROW (2') S.Y. 17916 $6.00 $107.496.00
9 ST. SIGNS & BARICADES L.S. 1 $3,000.00 $3,000.00
10 CONDUIT CROSSINGS EA. 20 $250.00 $5,000.00
1 1 SOD (3' BOC.) S.Y. 2,750 $2.50 $6,875.00
12 8' BITUMINOUS TRAIL L.F. 1,250 $1 0.00 $12,500.00
13 CONC. CROSS GUTTER L.F. 1140 $14.00 $15,960.00
14 SIL T FENCE L.F. 2000 $2.50 $5,000.00
15 ROCK CONSTRUCTION ENTR EA. 1 $500.00 .$500.00
SUBTOTAL SCHEDULE D - STREETS
$351,705.00
TOTALS
SCHEDULE A
SCH EDU LE B
SCHEDULE C
SCHEDULE D
$79,725.30
$116,167.50
$146,526.00
$351,705.00
GRAND TOTAL
$694,123.80
'AGE 4 OF 4
MARCH 3,2001
EXHIBIT E
ENGINEER ESTIMATE
DEERFIELD 4TH. ADDITION (COACH HOMES)
SCHEDULE A - SANITARY SEWER
ITEM ESTIMATED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 8" PVC, SDR 35 0'-10' L.F. 460 $17.50 $8,050.00
2 8' PVC, SDR 35 10'-12' L.F. 235 $17.50 $4,112.50
3 8" PVC, SDR 35, 12'-14' L.F. 289 $17.50 $5,057.50
4 STANDARD MH TO 10' EA. 6 $1 .690.00 $10,140.00
5 EXTRA DEPTH MH V.F. 25 $75.00 .$1 ,875.00
6 4" X 8" WYE EA. 49 $27.00 .$1 ,323.00
7 4" PVC, SERVICE L.F. 2,620 $7.00 .$18.340.00
8 4" PVC, RISER V.F. 60 $11 .00 $660.00
9 CONN. TO EXISTING EA. 1 $1.000.00 .$1.000.00
10 1-1/2" ROCK BEDDING TON 220 $10.50 $2,310.00
11 SAND BEDDING MAINLINE L.F. 984 $2.40 .$2,361.60
12 SAND BEDDING ( SER.) L.F. 2620 ll1.Q .$2,882.00
SUBTOTAL SCHEDULE A - SANITARY SEWER
$58,111.60
-
"~.--_.-.. ~-.. .
MAR I 2 zm:n
,'J W'
1
-'
PAGE 1 OF 4
III
.
I J1
MARCH 13,2001
EXHIBIT E
ENGINEER ESTIMATE
DEERFIELD 4TH. ADDITION (COACH HOMES)
SCHEDULE B - WATERMAIN
ITEM ESTIMATED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 8" DIP L.F. 700 ~16.25 .$11 ,375.00
2 6"DIP L.F. 20 .$14.00 .$280.00
3 HYDRANT (SALVAGED) EA. 1 .$1 ,720.00 .$1 ,720.00
4 8" GATE VALVE EA. 2 .$550.00 .$1 ,100.00
5 FITTINGS (CAST IRON) LBS. 505 .$2.50 .$1,262.50
6 1" CORPORATION EA. 35 .$50.00 .$1 ,750.00
7 1" CURB STOP & BOX EA. 35 .$75.00 .$2,625.00
8 1" COPPER PIPE L.F. 2,600 .$7.50 .$19,500.00
9 CONNECT TO EXIST. EA. 2 .$300.00 .$600.00
SUBTOTAL SCHEDULE B - WA TERMAIN $40,212.50
-,,-_.-.-"'-'~-- .~_..._....
...- ...;': . ~~ \
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JAi'J
PAGE 2 OF 4
MARCH-8,2001
EXHIBIT E
ENGINEER ESTIMATE
DEERFIELD 4TH. ADDITION (COACH HOMES)
SCHEDULE C - STORM SEWER
ITEM ESTIMATED
NO. DESCRIPT10N UNIT QUANTITY PRICE AMOUNT
1 12" RCP, CL.3 L.F. 32 ~21 .00 $672.00
2 15" RCP, CL.3 L.F. 117 $23.00 $2.691.00
3 STANDARD CB/MH EA. 1 $1 ,360.00 $1.360.00
4 STANDARD CB EA. 1 $1.025.00 $1.025.00
SUBTOTAL SCHEDULE C - STORM SEWER
$5,748.00
~~\ [~ G:; j-:~ rj \:.. .~_-~....::::--.
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;1, /
Ii. MAR I 2 ?jGl
PAGE 3 OF 4
III r
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tvtARCH- 8,2001 EXHIBIT E
ENGINEER ESTIMATE
DEERFIELD 4TH. ADDITION (COACH HOMES)
SCHEDULED 0 - STREETS
ITEM ESTIMATED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 0412 CURB & GUTIER L.F. 1,324 $5.95 $7.877.80
2 B-618 CURB & GUTTER L.F. 70 $6.50 $455.00
3 ADJUST MH CASTINGS EA. 3 $175.00 $525.00
4 CLASS 5 AGG. BASE (6") S.Y. 2,556 $3.85 $9,840.60
5 BIT. BASE, TYPE 31 (2") S.Y. 2,169 $3.00 $6,507.00
6 BIT. WEAR, TYPE 41 (1 %") S.Y. 2,169 ,$2.50 .$5,422.50
7 BIT. TACK COAT GAL. 110 $1.85 .$203.50
8 GRANULAR BORROW (2') S.Y. 2789 $6.00 .$16,734.00
9 ST. SIGNS & BARICADES L.S. 1 $1 ,000.00 .$1 ,000.00
10 CONDUIT CROSSINGS EA. 2 .$250.00 .$500.00
11 SOD (3' BOC.) YD. 465 .$2.50 .$1 ,162.50
SUBTOTAL SCHEDULE D - STREETS
$50,227.90
TOTALS
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE 0
.$58,111.60
.$40,212.50
.$5,748.00
.$50,227.90
$154,300.00
GRAND TOTAL
.-
>_. 0_- ._._ _
.-.--.....---.--. --.
MAR I 2 2001
PAGE 4 OF 4
EXIllBIT "F"
TO
DEVELOPMENT CONTRACT
RESIDENTIAL STREET LIGHTING POLICY
BACKGROUND
The City intends that this street lighting policy promote the safe travel of city streets ina manner both fair and affordable to the City
and its residents. Residential street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street
lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by
resident petition. The capital costs of residential street lighting shall be the responsibility of those residents, or any portion of those
residents, detennined to be affected by the light.
NEW SUBDIVISIONS:
All lighting plans require approval by the City and the utility responsible for street light operation and maintenance. In new
subdivisions street lights shall be placed at intersections, every 300 feet between intersections where intersections are more than 600
feet apart, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac with the street is greater
than 300 feet. Within their developments, developers shall also install lights to City standards at the intersections of residential streets
with collector streets. 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 light system until the City
accepts the project, at which time the billing shall be transferred to the City. 100 or 150 watt high pressure sodium lights in
traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions. Where a portion of
the development is already lit, new lights shall match in style and wattage those already in place.
Where a developer wishes to install more lights than warranted by City policy, the monthly operation and maintenance costs of the
additional lights shall be borne by the residents of the development through their homeowner's association or similar organization.
Where a developer wishes to install non-standard lights, not available through the servicing power company, the City will pay
operation costs equivalent to a standard street light. Maintenance of non-standard street lights at City cost will require a signed
agreement between the City, Developer, and power company that provides for power company maintenance of the non-standard lights
at a cost to the City equal to or less than that of a standard fixture.
EXISTING SUBDIVISIONS:
Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis
of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation,
significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends
to the City as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of the neighbors
affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the
street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City prior to circulating
their petition to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they
meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet where the distance
between intersections is greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the
cul-de-sac with the street is greater than 300 feet.
If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the installation of the light
and shall include the cost of poles, fixtures, underground wiring, and all appurtenant work. The method of payment shall be as
directed by the City Finance Department. The City shall assume operation and maintenance costs for a light from the time it is
energized by the utility.
In existing developments new lights shall match in style and wattage those already in place. If no lights be currently in place, then
100 or 150 watt high pressure sodium lights in cobra-head or traditional style shall be the standard.
1:\01 files\Olsubdivisions\fina1 plat\deerfield 4 & 5\dev contract.doc
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III T
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EXHIBIT "G"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance be 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: 1" = 800'; 1" = 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 be submitted.
5. The developer provide 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 60 days from the
date of final plat approval. Failure to record the documents by July 7,2001, will render the final plat
null and void.
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