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HomeMy WebLinkAboutSeptember 4, 2001 Ui.:..........'M...\...'.'.! ':, ~!' ; i.:0P' ^:~ + ~~ ?'UJm tk Ved ~ FRANK BOYLES August 29, 2001 TO: MAYOR MADER AND CITY COUNCILMEMBERS SUBJECT: September 4, 2001 City Council Work Session The City Council has scheduled a work session for 5:30pm on Tuesday, September 4th to discuss proposed revisions to the City's standard Development Agreement. A light meal will be served. Some years ago, the City Council approved a standardized development agreement. The purpose of the agreement is to (1) assure that all appropriate requirements are addressed in the development agreement; (2) maintain a minimum standard of consistency between developments; and (3) minimize staff and Council time required in reviewing and modifying agreements on a development by development basis. Since the agreement was adopted, state statutes have been revised as have City ordinance provisions. To be responsive to these changes, the staff and City attorney have been working to modify the agreement. A draft of the proposed agreement is enclosed as is the work session agenda. The staff will provide the Council with a presentation which will outline the proposed revisions and the rationale for each. We are seeking direction from the Council regarding the proposed changes as well as any additional revisions the Council believes are appropriate. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,--- T ,..-, I Cit: CC>LI rlcil '^Ie>rk SE!ssion NEW DEVELOPMENT CONTRACT 1 Review Revisions to Standardized Development Contract 2 Questions and Clarification 3 Other Business1 1 Please note that the City Council reserves the right to add or delete items from the agenda based upon time availability. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DEVELOPMENT CONTRACT PLAT NAME PROJECT #01- .A..GREEMENT dated This DEVELOPMENT CONTRACT is entered into this day of ,20 , by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and , a Minnesota (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 (referred to in this Development Contract as the "Plat"). The land is legally described as: [OR} 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 I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 1 II lIT 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 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. _, dated , approving the Preliminary Plat for 4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the City may refuse to approve Einal 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 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 planBPlans identified below. The plans shall not be attached to this Development Contract, but are l:\deptwork\devcontr\revisions\new contract.doc Page 2 8/31/01 incorporated by reference and made a part of this Development Contract as if fully set forth herein. If the plans vary from the written terms of this Development Contract, the 'l:rittoo terms shall controlmore specific or stringent controls shall apply. The ~Plans are: Plan A -- Final Plat Dated (Prepared by ) Plan B -- Final Grading, Development, and Erosion Control Planes). The soil erosion plan must also be approved by the Prior Lake/Spring Lake Watershed District. Dated . (Prepared by ) Plan C -- Tree Preservation and Replacement Plans and Landscaping Plan Dated (Prepared by ) Plan D -- One set of Plans and Specifications for Developer Installed Improvements Dated (Prepared by ) Plan E -- Street Lighting Plan Dated (Prepared by ) Plan F -- Dated (Prepared by ) Plan G -- Dated (Prepared by ) Plan H -- Dated (Prepared by ) 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 Ponding H. Underground Utilities I: \deptwork\devcontr\revisions\new contract. doc 8/31/0 I Page 3 ;[ ill 1. Setting of Iron Monuments 1. Sidewalks and Trails K Landscaping L. 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 the Metropolitan Council and any other agencies having jurisdiction before proceeding with construction. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's authorized personnel. The Developer or ffi.&-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. S 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. CONSTRUCTION OBSERVATION The City's authorized personnel shall inspect the DEVELOPER INSTALLED IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by the City shall include: lA. Inspection of required Developer Installed Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system. 2B. Documentation of construction work and all testing of Developer Installed Improvements. I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 4 3C. As-built location dimensions for sanitary sewer, watermain and storm sewer facilities. 9. 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 through its testing company, 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 may require has the sole discretion to determine if additional testing is necessaryif in his opinion adequate testing is not being performed. The cost of additional testing is to be paid by the Developer. E. Lot comers and monuments. 10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured sod in all boulevards within 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. I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 5 :1 In 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 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. TIME OF PERFORMANCE. The Developer shall install all required public 13. improvements by , 200_, 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 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 P-lat-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~ no cost to the City, 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 l:\deptwork\devcontr\revisions\new contract.doc Page 6 8/31/01 and backfilling operations shall be reseeded forth'l.'ith 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 instructions received from 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 41 shall not apply to notifications to the Developer under this paragraph. 16. CLEAN UP. The De'/eloper shall daily clean dirt and debris from streets that has resulted from construction 'Nork by the Developer or its agents. Prior to any construction in the Plat, the Developer shall identify in v.'riting a responsible party f.or erosion control, street cleaning, and street sweeping. 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 I: \deptwork\devcontr\revisions\new contract.doc Page 7 8/31/01 If III City for any cost the City incurred for such work within ten (10) days receipt of the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any costs. The notice provisions set out in Paragraph 41 shall not apply to notifications to the Developer under this paragraph. 17. GRADING PLAN. 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. A. As-builts. 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 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 easements shall become City property without further notice or action. 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 projectdevelopment of the Plat, project monitoring during the warranty period, and processing of requests for reduction in security, and City legal expOOS€ls. Fees for this service shall be s*-four percent (~%) of the estimated construction cost as detailed in Exhibit ):\deptwork\devcontr\revisions\new contract.doc Page 8 8/31/01 E, less overslzmg costs outlined in Exhibit D, Section A, assuming normal construction and project scheduling. The provisions of this paragraph are subject to adjm;tment pursuant to Paragraph 40 of this Development Contract. 20. CITY CONSTRUCTION OBSERVATION. The Developer shall pay s*-five percent (a~%) 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-thru legal expenses. 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 provisions of this paragraph are subj@ct to adjustment pursuant to Paragraph ~O of this D@velopment Contract. 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. 21. REIMBURSEMENT OF CONSTRUCTION OBSERVATION AND CITY ADMINISTRA TION FEES. Once the City approves the construction costs or estimates for the Developer Installed Improvements, except those that are subject to oversizing as described in Paragraph 36 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. *1-22. STORMWATER MANAGEMENT FEE. The Developer shall pay a stormwater management fee of $ prior to the City signing the final Plat. The amount was calculated as follows: _ acres at $3,HW.002,943.00 per acre (R-l, R-2 and R-3) or $4,856.00 per acre (R-4) or I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 9 if I n $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. n23. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary sewer and watermain trunk area charge of $ 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: acres at $3500.00 per acre. 24. LATERAL SEWER AND WATER ASSESMENT. A lateral sewer and water charge of $9,000.00 shall be paid by the Developer prior to the City signing the final plat. The amount was calculated as follows: 150 feet at $60.00 per front foot. 25J. COLLECTOR STREET PEEASSESSMENT. This Development Contract requires the Developer to pay a collector street fee of $ for collector street improvements prior to the City signing the final Plat. The amount was calculated as follows: acres at $1500.00 per acre. 26M.- 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 Parks and Recreation DirectorCity. The land to be dedicated shall be approved by the City Park and Recreation Director and shall be consistent with City Code provisions. The amount of land dedication was calculated as follows: Gross area of the plat: _ acres X 10% equals acres to be dedicated. In lieu of contributing land for park dedication, the Developer shall pay a cash amount of . This amount was calculated as follows: Gross area of the platResidential Development: _ aGf@S-units X 10% X $13,000.00 (the current fair market '/alue of the land per acre as established by the Prior Lake City council)$1,685.00 per unit; Commercial Development: Gross area of Plat: acres X $3,550.00 per acre. If the Park Dedication is a combination of land and cash, the amount of land dedicated as park will be deducted from the total acreage, and the cash amount will be based on the remaining units or acres. If the Park Dedication is a l:\deptwork\devcontr\revisions\new contract.doc Page 10 8/31/01 combination of land and cash, the land dedication will be acres and the cash contribution will be $ . 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 calculation was determined by the Park Fee Study adopted by City Council Resolution #01-10 on February 5,2001. ~27. TRAFFIC CONTROL SIGNS AND STREET SIGNS. AND STREET LIGHTS AND OPERATIONAL COSTS. Before the City signs the final Plat, the Developer shall pay to the City $ for installation of traffic control signs and street signs. The Developer shall be financially 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 shall be determined by the City and actual installation shall be performed by City authorized personnel. 28. 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 Exhibit Fthe Public Works Design Manual. 29(a)(,.LANDSCAPING rSimde-Familv Residential). Each residential lot in the Plat must have at least two (2) front yard trees as required in the Subdivision provisions of the City Cod@Ordinance. The Developer or lot purchaser shall plant the two (2) front yard trees on every lot in the Plat, which does not already meet this requirement at the time of the building permit. The trees shall be planted according to the requirements for subdivision trees as set forth in the Subdivision provisions of the City codeOrdinance. l:\deptwork\devcontr\revisions\new contract.doc Page 11 8/31/01 :r I Ii 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 pennit. 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, v/ithout int@rest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. If the required landscaping is not install@d the City is granted a license to @nt@r upon a lot and install the landscaping using the escrovled funds deposited by the builder at the time the building permit 'Nas issued. 29(b). LANDSCAPING (Special Provisions). Landscaping for this Plat shall comply with Plan C. The cost of the landscaping requirements shall be provided by the Developer, subject to approval by the City. Subject to approved Plan C, the Developer shall provide a financial guarantee of $ based on an amount equal to 125% of the estimated cost, as set out in Plan C, to furnish and plant the required landscaping and irrigation system. 30Z+. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, the Developer shall provide a financial guarantee of $ based on an amount equal to 125% of the estimated cost to furnish and plant the replacement trees. The estimated cost shall be provided by the Developer subject to approval by the City, and shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of replacement trees. The Security shall be maintained by the City 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 l:\deptwork\devcontr\revisions\new contracLdoc Page 12 8/31/01 obligation to remove and replant replacement trees, which are not alive or are unhealthy, and to f8plant 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 ofthis period, all of the required trees are alive and healthy, the entire Security may be released. 2-831. SECURITY. To guarantee compliance with the terms of this Development Contract, payment of real estate taxes including intere&t and penalties, payment of special assessments, payment of the costs of all public improvementsDeveloper Installed Improvements, and construction of all f*lbliG improvementsDeveloper 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 $ ., plus a cash fee of $ for City Development Fees. The amount ofthe Security was calculated as follows: DEVELOPER INSTALLED IMPROVEMENTS COSTS: Sanitary Sewer Other $ $ $ $ $ $ $ $ $ Page 13 Watermain Storm Sewer Streets/Sidewalks/Trails Landscaping Tree Preservation and Replacement Erosion Control ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Tr Iii X 1.25 TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 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 subiect 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, Individual Security instruments may be for shorter terms provided they are replaced at least sixty (60) 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. 32. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee of$ for City Development Fees. The amount ofthe cash fee was calculated as follows: CITY DEVELOPMENT FEES: Street and Traffic Control Signs (~~27) $ $ $ $ $ $ $ $ $ Page 14 City Administration Fee (~%) ~19) City Construction Observation (e~%) ~20) Storm Water Management Fee ~Um Sanitary Sewer and Watermain Trunk Area Charges ~~m Lateral Sewer and Water Assessment (~24) Collector Street Iioos-Assessment (2J~ Park and Trail Dedication Fee (ifin lieu ofland) (24lli) Other I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 TOTAL CITY DEVELOPMENT FEES $ This breakdo\1,'n is for historical refenmce; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Manag&. The Security shall be for a term ending Decemb& 31, . Individual Security instruments may be for shorter terms proyided they are replaced at least sixty (60) days prior to their expiration. The City may dra'N down the Security, without notice, for any violation of the terms of this Contract or if the Security is allov.'ed 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 dOVin. Ifthe Security is dra'.lt'll dO'.\n, the proceeds shall be used to cure the default. 2933. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the required work has been satisfactorily completed and fmancial 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 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 subcontractor for the Developer. Twenty-five percent (25%) of the Security shall be retained until all Developer Installed Improvement$ and other obligations under this contract have been completed, including, but not limited to, all financial obligations to the City satisfied, and the receipt of all required "as-built" grading plans and information street, utility and grading plans ~ been recei'led by the City. The City Public \'lorks Design Manual outlines the procedures fDr Security reductions. 340. WARRANTY. The Developer warrants all Developer Installed Improvements impro'lements 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 l:\deptwork\devcontr\revisions\new contract.doc Page 15 8/31/01 If I IT utilities is two years. The warranty period on streets shall commence after the final wear course has been installed and accepted by the City and the warranty period on underground utilities shall commence 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 Installed Improvements are accepted by the City Engineer and the bonds are furnished to the City. The security retainage 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. 351. REDUCTION OF SECURITY TO FIVE PERCENT (5%). The Security guaranteeing satisfactory performance of the Developer Installed Improvements can be reduced to 5% of the original cost of the Developer Installed Improvement construction costs as set forth in Paragraph 28lL by the The City Engineer must approve the reductions in writing and the Developer must provide by providing the ~a performance bond or a warranty bond to the City from the Developer or its contractors in an amount equal to the original construction costs of the Developer Installed Improvements as set forth in Paragraph lh 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 Installed Improvement shall commence on the date the City Engineer issues written acceptance of the Developer Improvement. The City Engineer may establish a lost of the indi';idual Deyeloper Improvements that the Developer will install as part of the Plat. The City Engineer may accept one or more individual Developer Installed Improvements prior to the completion of l:\deptwork\devcontr\revisions\new contract.doc Page 16 8/31/01 all Developer Installed Improvements. The City Engineer shall determine whether particular Developer Installed Improvements are so integral to one another so as not to make it feasible or practical for the City to accept one Developer Improvement prior to the completion of other related Developer Installed Improvements. In no event shall the five percent (5%) Security shall not 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. 361. 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, grading, and road improvements. 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. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $ based upon a cost estimate by the City Engineer as determined by both quotes received from the Developer's subcontractor and the City Engineer using application of 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 '.vork as the result of oversizing is required, the City shall reimburse the Developer for the costs associated \vith this work. 8/31/01 ,I I IT 384. SPECIAL PROVISIONS. The following special prOVISIOns shall apply to Plat I development: A. Implementation of Compliance with all of the conditions listed in the Resolution approving the final Plat. B. The Developer is required to submit the final Plat in electronic format. The electronic format shall be compatible with the City's current software (Auto CAD Release 13). I: \deptwork\devcontr\revisions\new contract.doc 8/31/01 Page 18 C. The provisions of Minn. Stat. ~462.358 are incorporated herein as if fully set forth. If any of the provisions, criteria, 2r.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, Q!jJerformance standard or the like shall apply. D. Sections 1107.705 and 1107.820 of the City Zoning ordinance regulate the placement of signs in the right-of-way of any public street and provides for off-site directional signs. The Developer shall comply with the provisions of these Sections when placing any signs advertising the development covered by this agreementDevelopment Contract. The Developer hereby waives any claim against the City for removal of signs placed in the right-of-way in violation of Section 1107.705. The City shall not be responsible for any damage to, or loss of, signs removed pursuant to this provision. 39S. RESPONSIBILITY FOR COSTS. ^ ""-1. Once the City Engin@er approves the construction costs or estimates for the developer Improvements, except those that are subj@ct to oversizing as described in Paragraph 32 of this D@velopm@nt 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 F@@s. The Developer shall not be responsible for paying City Administration or Construction Observation Fees on the construction costs or estimates associated '.'lith ov@rsizing. RA. The Developer shall reimburse the City for costs incurred in the enforcement of this Development Contract, including engineering and attorneys' fees. GB. Except as provided in Paragraphs 15 and 16 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 I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 19 II ,I IT 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. I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 20 '.."'~'~-~~' b'm" '~ '~ . "., "': ,":~ ", _:c:. _: .;.; '",;., " _.' ~ _,' '0_._ .:..,..:,<....-T.. ..' _'__ _ .;:,:;: iii~:@:g:,,,.::;,:,::,:':' .:_,-\;~,:{::~,-;~- --" 'c.:?":;! -,>,:-:,,-,-,/-{:]~ 41~. 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 l:\deptwork\devcontr\revisions\new contract.doc Page 21 8/31/01 II I IT 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. 42. 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 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. J843. 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. If a dispute arises that does not affect the plans or work for this Development Contract, the affected agency or unit of government shall resolve the dispute or enforce its rules. I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 22 B. 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. C. No Third Party Recourse.. Third parties shall have no recourse against the City under this Development Contract. 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 indemnification and hold harmless provisions set out in Paragraph 41 shall apply to said actions. D. Breach of Contract. Breach of the terms of this Development Contract by the Developer shall be grounds for denial of building permits, including building permits theoo-for lots sold to third parties, and shall be grounds for the City to order all work on the Plat to cease. E. 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. F. Improvements Required Before Issuance of Buildinl! Permits. 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 often percent (10%) of the total lots in the active phase of the subdivision may be issued building permits prior to utility and street com;tructionbuilding permits. 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 l:\deptwork\devcontr\revisions\new contract.doc Page 23 8/31/01 il II' 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. All such lots must be readily accessible for inspection by way of a two '."heel drive vehicle, but in no case shall the distance exceed 300 feet of an existing roadv/ay. 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 se'Ner 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 'Nith a bituminous surface and the Developer Improvements including utilities are accepted by the City Engineer. G. Amendments. 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 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. H. Recordin2 Development Contract. This Development Contract shall run with the land. The Developer, at hislher it's sole cost and expense, shall record this Development Contract against the title to the property within km--~!Y..Jl-Q2.Q) 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 I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 24 in the property being final platted; and that the Developer will-indemnifiesy and ho1d~ the City harmless for any breach of the foregoing covenants. I. De'/eloper, 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 co'/ering personal injury, including death, and claims f{)r property damage which may arise out of Developer's ,york or the '.'/ork 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 ,vith 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 ofthe insUfMlce: J. Each right, pO'Ner or remedy herein conferred upon the City is cumulative and in addition to every other right, pO'Ner or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. Kl. 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. 39. A"~{ENDA{ENTS. Developer hereby acknowledges that the City is ''\lorking with the Developer Community through a series of "Developer \V orkshops" to standardize its Development I:\deptwork\devcontr\revisions\new contract.doc Page 25 8/31/01 If , I Ii 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 '.'lill amend this Developm8l1t Contract, if requested by the Developer, to be consistent '.'lith 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 ,,,,ill be amended to be consistent with the fees established in a standardized contract. Not vlithstanding the foregoing, no amendment to this Development Contract shall be made unless both parties agree in v.rriting to the amendment. 4044. 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: . 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 & Jolmson, Pillsbury Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501. 4l45. 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 inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its prOVIsIons. I: \deptwork\devcontr\revisions\new contracLdoc 8/31/0 I Page 26 4246. JURISDICTION. This Development Contract shall be governed by the laws of the State I of Minnesota. CITY OF PRIOR LAKE (SEAL) By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager Reviewed for Form and Execution: By: Suesan Lea Pace City Attorney DEVELOPER: By: Its: By: Its: STATE OF MINNESOTA ) ( ss. COUNTY OF SCOTT) The foregoing instrument was acknowledged before me this _ day of , 20_, by Wesley M. Mader, Mayor, and by Prank 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. I: \deptwork\devcontr\revisions\new contract.doc 8/31/01 Page 27 If I" " COUNTY OF ) The foregoing instrument was acknowledged before me this by day of NOTARY PUBLIC DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 ,20_, Page 28 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 20_, by day of NOTARY PUBLIC DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 1: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 29 II II' 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 I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 30 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: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 31 if III EXHIBIT" A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet: I: \deptwork\devcontr\revisions\new contracLdoc 8/31/01 Page 32 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 bank. 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 ofthe 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 I: \deptwork\devcontr\revisions\new contract. doc 8/31/01 Page 33 r, I IT 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: $,$1Q00,000 for one person $+~,OOO,OOO for each occurrence Property Damage: $~2.00,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: I: \deptwork\devcontr\revisions\new contract. doc 8/31/01~ Page 34 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: $~.LQOO,OOO each person $.l-~,OOO,OOO 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 TIllRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM TillS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative I: \deptwork\devcontr\revisions\new contract. doc 8/31/01~ Page 35 ,I I Ie EXIllBIT "D" TO DEVELOPMENT CONTRACT (Oversizing Calculations for Developer Installed Improvements) A. OVERSIZING I: \deptwork\devcontr\revisions\new contract. doc S/31/01&m-1(}.j. Page 36 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS I: \deptwork\devcontr\revisions\new contract. doc 8/31/01~ Page 37 lr I !T EXHIBIT "F" ro DEVELOPMENT CONTRA...CT RESIDENTIAL STREET LIGHTING POLICY B.^.CKCROUND Th@ City if!t@l'lds tAat tRis !;tr@@t lightif!g p01icy pmmet@ tAG safe tra'/@) ef city str@@ts iH a maHH@f beth [ail' al'le affordabl@ to tA@ City and its T@sieoots. R@sie@l'ltlal str@@t ligl:1tif!g promot@s fl@e@stnal'l aHe traffic sa[@ty te tA@ @xt@l'lt tAat tA@ City shall appnJ\'@ 6tr@@t ligAting WA@f@ WalTaHt@d by SUCA conc@fFIs. Lighting T@f)U@sts &Rall com@ @itA@fby T@commoodatiof! efth@ City EngiH@@f or by T@sidoot j')@titiGR. TA@ capital COI;:tS Gfnlsid@Rt-ial str@& ligl:1til'lg sHall b@ t.R@T@6ponsibility ofthos@r@sid8FIts, er any portiOR eft.R0S@r@sid@Rts, d@t@rmiH@d te b@ aff@ct@e by th@ light. NEW SUBDIVISIONS: :\11 lighting plafls r8qwir@ appTeval by the City afld th@ utility r@sfJensibl@ foT str@& ligl:1t 0pllfatieH aHd mail'ltooanc@. 11'1 H@W subdivisiens 6tr@@t lights &Rall b@ plac@e at il'lt@fs@ctieRs, @vllI)' JOQ f@1lt b@w/@oo iRt@fs@ctiGI'IS "41@!'@ iHtllrS@ctioRS ar@ mor@ than 600 f@@t aflart, al'ld at tA@ @!'leS Gf clll d@ gacs WR@f@ tA@ distane@ from said @!ld to tA@ il'lt@fs@ctiGI'I Gfth@ clll d@ sac with th@ str@1lt is gr@at@f thaH 300 f@@t. 'Nithil'l th@ir d@v@lc3flm@!ltt;, d@Y@IGfl@fS sAall alse iHstalllights te City stal'ldards at t.R@ il'lt@ft;@ctiGl'ls Gf T@gidootial str@llts v/itA CGII@ctGT str@@ts. TA@ G€v@lop@f SHall flay tA@ full capital cost Gf @Vlll)' ligl:1t to b@ install@d; tAis il'lcllld@s flol@S, fixtur@s, unGllfgrGYl'Id wiring, and all applJrt@!lal'lt WOTk. TA@ a@"@IGfl@r gAall pay ofl@ratioo aHd maiHt@!'laHC@ foT th@ ligl:1t syst@m ul'Itil th@ City accllflts th@ prej@ct, at whiCH tim@ t.R@ billil'lg shall e@ traHsf-err@d te tA@ City. 100 Gr 150 watt higR flT@gSUT@ s0aiym lights in traditiol'lal m c0bra H@ad styl@ (as aflflTov@d ey t.R@ City and tA@ utility) sAall b@ th@ standard for n@\\' sllbdivisiGHS. 'AT]:)@f@ a pGrtiGR ofth@ d@v@lopmeflt is alr@ady lit, H@W ligl:1ts sAall mateR if! styl@ aHd 'o'.'attag@ thos@ alr@ady il'l plac@. 'AT]:)@f@ a d@v@IGpllf WiSR@S to install mGr@ Iigl:1ts thaH warrant@d by City flGlicy, tR@ montAly 0p@ratioo aHa maiHt@!laHC@ C0stS ofth@ aeeitionallights ghall b@ bem@ by tA@ r@sieoots eftR@ d@v@lepm@!lt thrGllgl:1 tA@irROm@eV/11@f'S association or similar orgaHization. 'Nhllf@ a d@v@]0p@r WiSR@S tG install non standard lights, not availabl@ through th@ s@f\'icing pow@r cGmpaRY, th@ City 'rill )'lay opllfation costs @f)uival@nt to a !;taRdard str@@t ligHt. Maint@l'laHc@ Gf non staHdard str@@t lights at City cost '.viII r@f)lliT@ a sigR@d agr@@moot b@t\V@@fl th@ City, D@\'@loP@f, al'ld POWllf compaRY that pTO'/id@s fGr pow@r company mail'lt@flaflc@ GftA@ l'IeH standard Iigl:1ts at a cost to tH@ City @f)ual to m I@st; thal'l tAat Gf a standard fixtur@. EXISTINC SUBDIVISIONS: '.1.T]:)@f@ traffic saf@ty cl@arly warral'lt!>, a str@Gt light may 8@ plac@d llpeH tA@ r@commoodation oft1:t@ City Engil'l@@r's offic@. TA@ ba!>is ef sucR warraflts sRall b@ a miflimym .^.'/@fag@ Daily Traffic of2000 '/Mic1@s or a layout SyeR t.Rat, iH tR@ City El'lgin@llf's @stimatiGn, significal'lt improvllm@!'lt il'l safllty migl:1t 8@ ebtain@d by tH@ plac@m@!'lt Gf a str@@t ligl'lt. Sinc@ the b@!'l@fit of SIlCR iH!;taHatiol'ls @xtoods to tH@ City at; a 'o'.'RG]@, tH@S@ will 8@ don@ at City @x-j'loos@. ',\T]:)oo r@!;id@flts r@f)u@st additiGnallightil'lg fGr tH@irn@igR8erRoods, th@y myst dG so by p@tition sigR@G by €lO% ofHI@ l'I@ighbcm affect@d by th@ prepos@d light. Th@ aff@ct@d ar@a shall b@ 100 lil'l@ar [@@t eH @itA@r sid@ oftR@ propGs@d ligAt, 0l'1 both sid@s efth@ str@llt. TA@ fJlacllmoot OftA@ flmpes@d light sRall b@ 6f!@cifi@d ifl tH@ fl@titiofl. PIltiti0flllfS sAall approac1:t th@ City prim tG circulating tA@ir fl@titi01'1 to Gbtail'l dir@ction as to w.h@f@ &tr@1lt IigAt!> ar@ walTaHt@d for tH@ir l'I@igRb0rA00ds. Lights shall b@ apflTOV@d only as tH@y m@@t tH@ fGllowil'lg warrants for @xisting subdi'/isiGl'Is: intllfs@cti0ns, b@t\,,@oo il'lt@fs@ctions at int@f\'als 0[300 f@@t '.,41@r@ tA@ distaHc@ b@tW@@fl il'lt@rs@cti0fls is gr@at@f tAaH €lOO [@@t, aHd at t.R@ oods of cuI d@ sacs wA@r@ t.R@ distaflc@ frGm said @fId te tH@ il'lt@fs@ctiol'l oftA@ clll e@ sac v'itA t1'l@ sw@@t is gr@at@f thaH 300 f@@t. If approY@G, @ach SB'@1lt Iigl'lt shall b@ purchas@G by th@ af[@ct@g r@sid@l'Its. Paymoot shall b@ maG@ flriGr to t.R@ iHstallation oftH@ ligAt aHd shall il'lclud@ t.R@ cost ofpol@s, fixtures, Ill'ld&groul'IG wiring, afld all appurttmant work. TA@ m@tA0d Gfpayrn@Rt sRall b@ as dir@ct@d by tA@ City Financ@ D@partm@Rt. TA@ City shall aSSllm@ ofl@ration aHd mail'lttmanc@ costs for a ligHt frem tA@ tim@ it is oo@fgiz@d by tA@ ~ In @xisting d@v@IGpm@!'lts n@w lights shall match il'l styl@ aRd wattag@ tH9S@ alr@ady ill plac@. If HO lights b@ CUlTtmtly il'l place, tA@fI 100 or ISO watt Aigh flr@SS\Jf@ sGgium ligl:!ts iFl cobra h@ad 01' traditional styl@ sRall b@ th@ standard. I: \deptwork\devcontr\revisions\new contract.doc 8/31/01~ Page 38 EXHIBIT "GF" 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: 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 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 , will render the final plat null and void. I: \deptwork\devcontr\revisions\new contract.doc S/31/01mlM Page 39 ,I I I '1 :