HomeMy WebLinkAbout5L Approving Final Plat and Development Contract for Jeffers Pond 4th AdditionPrior Lake, NIN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 20, 2011
AGENDA #: 5L
PREPARED BY: JEFF MATZKE, PLANNER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR JEFFERS POND 4 T "
ADDITION
DISCUSSION: Introduction
Ryland Homes has filed an application for approval of a final plat to be known
as Jeffers Pond 4 th Addition. This phase of the Jeffers Pond development, to
be known as "The Pointe" includes 13.58 acres located on the north side of
Wilds Ridge, east of McKenna Road, and '/ mile west of CSAH 21. The
original plan called for development of 56 twinhome units; the revised final plan
is proposing a development of 38 single family home lots, reducing the total
units by 18. Ryland Homes plans to develop the 38 single family lots in two
phases; 18 lots are proposed in the first phase.
History
In 2005, the City Council approved a PUD for the approximately 336 acre
Jeffers Pond mixed use development including the following elements:
• Mix of land uses including commercial retail and office; low, medium,
and high density residential; and public institutional and municipal sites
• Up to 693 total residential units.
• An active park of at least 4.6 acres (Jeffers Pond Park)
• An fire station site (Prior Lake Station #2)
• An elementary school site (Jeffers Pond Elementary School)
• Public parkland and trails (over 145 acres of parkland has been
created)
Four phases within the PUD development have been platted including sites for
119 single family homes, 165 townhomes, Jeffers Pond Elemetary School, and
Prior Lake Fire Station #2.
The City Council approved the PUD Amendment (for the 38 single family lots)
and Preliminary Plat on June 6, 2011.
Current Circumstances
The final plat of Jeffers Pond 4 th Addition consists of approximately 13.58 acres
to be subdivided into 18 lots, and 4 outlots. Outlot D will be platted in the
future for development of the remaining 20 single family lots in the "Pointe"
area, The final plat also dedicates the right -of -way for one new public street.
This street was originally intended as a private street, but has been changed to
a public street.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
Staff has reviewed the final plat and finds it to be in substantial compliance with
the approved preliminary plat.
ISSUES: The principal requirements for final plat approval include a signed
Development Contract with surety for the costs involving utilities and street
construction. A letter of credit for the modifications to the public improvements
required as a part of this development is included as part of the development
contract. The Development Contract specifies the development fees for the
platted lots; the majority of the fees were paid previously with the platting of the
lots in the original Jeffers Pond plat. This Development Contract includes
$14,339.00 in development fees.
FINANCIAL Approval of this final plat will allow construction of new dwelling units, which
IMPACT: will contribute to the City's tax base. The required development fees are
deposited into the appropriate City accounts.
ALTERNATIVES: The City Council has the following alternatives:
1. Adopt the resolution with conditions approving the final plat and
Development Contract for Jeffers Pond 4th Addition.
2. Deny the resolution approving the final plat.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1.
RECOMMENDED 1. A motion and second to adopt a resolution approving the final plat and
MOTION: Development Contract for Jeffers Pond 4 Addition and authorizing the
Mayor and City Manager to sign the Development Contract.
Reviewed by:
Frank Boyles, City Manager
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -xxx
A RESOLUTION TO APPROVE THE FINAL PLAT OF "JEFFERS POND 4TH 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, 2005, the City Council approved the preliminary plat known as Jeffers Pond,
subject to conditions identified by Resolution 05 -17; and
WHEREAS, On June 6, 2011, the City Council approved the preliminary plat known as Jeffers Pond 4th
Addition which revised the 56 twin home residential development plan to 38 single family lots.
WHEREAS, The City Council has found that the final plat of "Jeffers Pond 4th Addition" is in substantial
compliance with the approved preliminary plat for Jeffers Pond 4th Addition,
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The final plat of "Jeffers Pond 4th Addition" is approved subject to the following conditions, which shall
be met prior to release of and recording of the final plat:
a. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
b. Payment of all fees prior to release of the final plat mylars.
c. Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
d. Three mylar sets of the final plat with all required signatures are submitted.
e. The developer provides financial security, acceptable to the City Engineer prior to release of the
final plat mylars.
f. The final plat and all pertinent documents must be filed with Scott County within 60 days from the
date of final plat approval. Failure to record the documents by August 20, 2011, will render the
final plat null and void.
3. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of
the City.
PASSED AND ADOPTED THIS 20TH DAY OF JUNE, 2011.
YES NO
M ser
M ser
Erickson
Erickson
Hedberg
Hedber
Keeney
Keene
Souku
Soukup
Frank Boyles, City Manager
DEVELOPMENT CONTRACT
JEFFERS POND 4 TH ADDITION
PROJECT # 11 --111
This DEVELOPMENT CONTRACT is entered into this 20th day of June, 2011, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ( "City "), and the Ryland
Group, Inc. a Maryland Corporation (the "Developer "). Based on the mutual promises and covenants set
forth herein, the sufficiency of which is not disputed, the City and the Developer (collectively "Parties ")
agree as follows:
1. EOUEST FOR PLATAPPROVAL The Developer has asked the City to approve a Plat
for Jeffers Pond 4 "' Addition (referred to in this Development Contract as the "Plat "). The land is legally
described as shown on attached Exhibit A which is incorporated herein as if fully set forth. The parties
acknowledge that the project is a re -plat and certain public improvements have been installed with a
previous plat.
2. CONDITIONS OF PLAT APPROVAL The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, firrnish the Security required by it, and record the
Plat and Development Contract with the County Recorder or Registrar of Titles within 60 days after the
City Council approves the final Plat.
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3. ' RIGHT TO PROCEED Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right to Proceed" does not apply to
grading or other approvals set forth in Resolution No. 05 -17, dated January 18, 2005, approving the
Preliminary Plat for the Jeffers Pond,
4. PHASED DEVELOPMENT If the Plat is a phase of a multiphased preliminary Plat, the
City may refirse to approve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution approving the Final Plat and the
breach has not been remedied. In addition, no other subsequent phases may proceed until the City approves
Development Contracts for such phases. Fees and charges collected by the City in connection with
infiastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Plat that are designated in an approved Preliminary Plat for fixture subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks.
5. PRELIMINARYPLAT STATUS If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development
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Contract, but are incorporated by reference and made a part of this Development Contract as if fully set
forth herein. If the plans vary from the written terns of this Development Contract, the more specific or
stringent controls shall apply. The Plans are:
Plan A -- Final Plat Dated Stamp Dated May 27, 2011 (Prepared by Pioneer
Engineering)
Plan B -- Final Grading, and Erosion Control Plan(s) as stamped approved by the City
Engineer (Prepared by Pioneer Engineering)
Plan C -- Landscaping Plan Stamp Dated May 27, 2011 (Prepared by Pioneer
Engineering)
Plan D -- One set of Plans and Specifications for Developer Installed Improvements
Stamp Dated as stamped approved by the City Engineer (Prepared by
Pioneer Engineering)
All plans set forth above are incorporated herein and made pant of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS The Developer shall install and pay for
the following to the extent not previously installed with the previous plat:
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.
Traffic Control Signs
J.
Street Signs
K.
Setting of Iron Monuments
L.
Sidewalks and Trails
M.
Landscaping
N.
Wetland Buffer Signage
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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 fiom any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel as are related to the project. The
Developer or the Developer's engineer shall schedule a preconstruction meeting with all parties concerned,
including the City staff, to review the program for the construction work. In accordance with Minnesota
Pipeline Safety law revisions effective January 1, 2006 the Developer will be responsible for installing a
tracer wire mechanism for all newly installed service lines in public right -of -way. The proposed tracer
mechanism shall be approved by the City prior to installation. All costs associated with furnishing and
installing the tracers shall be the Developer's responsibility. 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 OBSERVATIONN, The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance
with the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, waternnain, storm sewer /ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
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C. Field document as -built location dimensions for sanitary sewer, watermain and
storm sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as-
built record plans.
9. DEVELOPER PROVIDED ONSTRUCTION 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. (Field tie
dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City
consultants). As -built record drawings shall follow the requirements set forth in the Public Works Design
Manual (PWDM). The as -built record drawings shall be submitted to the City for approval within six (6)
months of substantial base pavement course placement.
A Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved final plans and specifications. A copy of all testing documentation must be submitted to the City.
The personnel performing the testing shall be certified by the Minnesota Department of Transportation.
The City Engineer has the sole discretion to determine if additional testing is necessary. The cost of
additional testing is to be paid by the Developer.
E. Lot corners and monuments.
F. Engineering / Project Management
10. BOULEVARD AND AREA RESTORATION The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
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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.
11. SUBDIVISION MONUMENTS. The Developer shall install all subdivision
monumentation within one (1) year fiorn - the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
12. TIME OF PE.RFORIVIANCE The Developer shall install all required public
improvements by December 31, 2811, with the exception of the final wear course of asphalt on streets.
The final wear course on streets shall be installed by July 30 of the first summer after the base layer of
asphalt has been in place for one freeze thaw cycle. if necessary, the Developer and the City shall consult
about an extension of time. if an extension is granted, it shall be in writing and conditioned upon updating
the Security posted by the Developer to reflect cost increases and the extended completion date.
13. LICENSE The Developer hereby grants the City, its agents, employees, officers and
contractors a non - revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
14. EROSION CONTROL
A. Prior to initiating site grading, the erosion control plan, PIan B, and Stormwater
Pollution Prevention Plan (SWPPP) shall be implemented by the Developer and inspected and approved
by the City. The City may require the Developer, at no cost to the City, to install additional erosion
control measures if they are necessary to meet erosion control objectives. All areas disturbed by the
excavation and backfilling operations shall be reseeded immediately after the completion of the work in
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that area. All seeded areas shall be mulched, and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the erosion control plan and schedule or supplementary conditions imposed by the City, the City
may take such action as it deems appropriate to control erosion. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. The Developer shall be solely responsible for any
costs incurred by the City for erosion control measures. The Developer shall fully reimburse the City for
any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may,
without further notice to the Developer, draw down the Irrevocable Letter of Credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements. The notice provisions set out in Paragraph 42 shall not apply to
notifications to the Developer under this paragraph.
B. The Developer shall seed or lay cultured sod in all boulevard areas behind curb within
thirty (30) days, or within a timeline established by the City Engineer, of the completion of street related
improvements.
C. The Developer shall restore all other areas disturbed by the development grading and
construction operations within this time period.
D. Boulevard and disturbed area restoration shall be in accordance with the approved
Plan B and SWPPP. (No building permits will be issued until the Developer has installed silt -fence
behind the sod line of all buildable lots). It is expressly understood that once silt fence has been installed
it shall become the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by
the Developer's utility contractors.
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15. CLEAN UP . The Developer shall clean dirt and debris fi streets that has resulted fiom
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any constriction 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 fi-om the City, the City, without
finiher notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs incurred by the City. Due to time sensitive nature of clean up, the notice provisions set out in
Paragraph 42 shall not apply to notifications to the Developer under this paragraph.
16. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading plans. All existing
and proposed contours must be shown and approved as a part of the building permit application. The
graded plans, as well as the grading and erosion control work shall conform to City of Prior Lake Public
Works Design Manual.
B. As- builts. Before the City releases the Grading Security, the Developer shall
provide the City with an as built grading plan and a certification by a registered land surveyor or engineer
that all ponds, swales, and ditches have been constructed on public easements or land owned by the City.
The as -built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot comers and house pads. The City may
withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer, The Developer shall also
submit a land tabulation certified by a registered engineer showing that all pads have been corrected in
accordance with project specifications.
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17. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS Upon completion
of the Developer Installed Improvements required by this Development Contract; (1) final written
acceptance by the City Engineer and, (2) adoption of a resolution of acceptance by City Council, the
improvements lying within public right -of -way and easements shall become City property. The Developer
shall be responsible for all pond and rain garden maintenance until written acceptance by the City of the
Developer installed improvements where upon the City shall assume all maintenance.
18. STREET MALNTEIV ANCE._ Developer shall be responsible for all street maintenance
until final written acceptance by the City of the Developer Installed Improvements. All private street or
private parking lot maintenance shall remain the Developer's and homeowner's association responsibility
in perpetuity. 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.
19. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Jeffers Pass NW, Wilds Ridge NW, and
McKenna Road NW. No construction traffic is permitted on the adjacent local streets.
20. IMPROVEMENTS REQUIRED BEFORE W UA NCE OFBUILDING PERMITS
A. Grading, utilities, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. Grading as-
builts for the proposed building permit shall be approved prior to issuance of any building permit. Before a
building permit will be issued a minimum of one (1) active fire hydrant within 300 feet of the unit must be
available for fire protection. If building permits are issued prior to the acceptance of Developer Installed
Improvements, the Developer assumes all liability and costs incurred as a result of delays in completion of
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the Developer Installed Improvements; including damages to Developer Installed Improvements caused by
the Developer, its contractors, subcontractors, material men, employees, agents or third parties.
B. Any Wetland Buffer Signage must be installed prior to the issuance of any building
permits within the development.
C. A temporary or permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitaiy 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.
21. CITYADMINISTRATIOI\T The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and
its engineer on the status of or problems regarding the development of the Plat, project monitoring during
the warranty period, processing of requests for reduction in security, and any consulting or legal fees
incurred by the City. Fees for this service shall be four percent (4 %) of the estimated construction cost as
detailed in Exhibit E, less oversizing costs outlined in Exhibit D, assuming normal construction and project
scheduling. The previous escrowed fiends currently retained by the City as a result of a Preliminary Plat
Application will be credited towards the City Administration four percent (4 0 /6) fee. The Developer has
previously escrowed $5,000.00 for City Administrative Review. The remaining City Administration Fee
shall be $0.00. This fee was calculated as four percent (4 %) of the estimated construction cost less the
previously established $5,000.00 escrow fluid. Costs incurred by the City over and above the four percent
(4 %) Administration fee shall be billed to the Developer.
22. REIMBURSEMENT OF CITY ADMINISTRATION FEES The City and Developer
acknowledge that the calculation of the City Administration Fee is based on construction cost estimates
provided by the Developer to the City. Although the City reviews and accepts the construction cost
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estimates provided by the Developer, the review and acceptance is based on an assessment by City
Engineering Staff that the costs provided to the City are reasonable. Actual construction costs may vary.
Once the City approves the construction cost estimates from the Developer for the Developer Installed
Improvements, the City Administration Fee will not be subsequently adjusted in order for the City to
collect additional administrative fees from the Developer or to reimburse the Developer for fees paid to the
City.
23. _CITY CONSTRUCTION OBSERVATION Construction observation shall include, but is
not limited to, part or full -time inspection of proposed grading, public utilities and street construction, City
legal costs, and City consultant expenses related to the development. The Developer shall deposit an
amount equal to five percent (5 %) of the estimated construction cost, less oversizing costs outlined in
Exhibit D, for construction observation performed by the City's authorized personnel and incurred pass -
through legal expenses. This amount shall be maintained by the City in escrow until final acceptance of all
Developer Installed Improvements by the City. Any balance remaining in the escrow account will be
returned to the Developer at that tine. Costs incurred by the City over and above the five percent (5 %)
Construction Observation fee shall be billed to the Developer.
24. TRUN K STORM WATER ACREAGE CHARGE. The Developer shall pay a storm water
hunk charge of $642.00 prior to the City signing the final Plat. The amount was calculated as follows: 0.23
acres at $2,790.00 per acre. This calculation was determined by the Fee Determination Study adopted by
City Council Resolution #05 -18 on January 18, 2005.
25. TRUNK WATER ACREAGE CHARGE A trunk water acreage charge of $1,265.00 shall
be paid by the Developer for watermain trunk improvements prior to the City signing the final Plat. The
amount was calculated as follows: 0.23 acres at $5,500.00 per acre. This calculation was determined by the
Fee Determination Study adopted by City Council Resolution #05 -07 on January 3, 2005.
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26. TRUNK SEWER ACREAGE CIIARGE A trunk sewer acreage charge of $699.00 shall
be paid by the Developer for sanitary sewer trunk improvements prior to the City signing the final Plat.
The amount was calculated as follows: 0.23 acres at $3,040.00 per acre. This calculation was determined
by the Fee Determination Study adopted by City Council Resolution #05 -18 on January 18, 2005.
27. STREET OVERSIZE ACREAGE CHARGE This Development Contract requires the
Developer to pay a street oversize acreage charge of $1,132.00 for street improvements prior to the City
signing the final Plat. The amount was calculated as follows: 0.23 acres at $4,920.00 per acre. This
calculation was determined by the Fee Determination Study adopted by City Council Resolution #05 -18 on
January 18, 2005.
28. UTILITY CONNECTION CHARGE A Utility Connection Charge was satisfied as part
of the Development Contract for Jeffers Pond I" Addition. No additional charge is required.
29. PARK AND TRAIL DEDICATION Park and Trail dedication requirements were satisfied
as part of the Development Contract for Jeffers Pond i s ` Addition. No additional dedication is required.
30. - STREET I IGHTS AND OPERATIONAL COSTS The Developer is responsible for the
installation of the street lighting. The Developer shall pay the frill capital cost of every light to be installed;
this includes poles, fixtures, underground wiring; and all appurtenant work. The Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the
City Engineer and in accordance with the Public Works Design Manual.
31. ,FUTURE CHLP AND SEAL COAT. The Developer shall pay an estimated cost of a
fixture chip and seal coat of the existing street to be performed by the City at a later date. The estimated
cost of this clip and seal coat is $5,000.00.
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32. LANDSCAPING 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 $63,137.50 based on an amount
equal to 125% of the estimated cost, as set out in Plan C, to f rnish and plant the required landscaping and
install the irrigation system. The City shall maintain the Security for at least one (1) year after the date the
final landscaping has been planted. At the end of such year, or such longer period as the City determines to
be reasonable, the portion of the Security equal to 125% of the estimated cost of the replacement trees,
which are alive and healthy may be released. Any portion of the Security not entitled to be released shall be
maintained and shall secure the Developer's obligation to remove and replant replacement trees, which are
not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of
these trees, the Security shall be maintained for at least one (1) year after the date of the replanting or
planting of these trees. If, at the end of this period, all of the required trees are alive and healthy, the entire
Security may be released.
33. TREE PRESERVATIONAND REPLACEMENT Subject to approved Plan B, the tree
removal on this site does not exceed the allowable removal. Therefore, no tree replacement is required.
34. SECURITY To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City Nvith an Irrevocable Letter of Credit or a cash deposit 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 $140,017.00. The amount of
the Security was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Grading & Miscellaneous Work
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$ 61,503.60
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Landscaping $ 50,510.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS $ 112,013.60
X 1.25
TOTAL SECURITY AMOUNT $ 140,017.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
seven County Twin City Metropolitan area. The Letter of Credit should extend through the warranty
period and shall not have an expiration date earlier than December 31, 2011. Individual Security
instruments may be for shorter terms provided they are replaced at least forty -five (45) days prior to their
expiration. If the required Developer Installed Improvements are not completed at least thirty (30) days
prior to the expiration of the Security, the City may draw it down. If the Security is drawn down, the
proceeds shall be used to cure the default.
35. CITYDEVELOPMENT FEES The Developer shall also furnish the City with a cash fee
of $14,339.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4 %) $ 0.00
City Construction Observation (5 %) $ 5,601.00
Trunk Storm Acreage Charge $ 642.00
Trunk Water Acreage Charge $ 1,265.00
Trunk Sewer Acreage Charge $ 699.00
Street Oversize Acreage Charge $ 1,132.00
Utility Connection Charge $ 0.00
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Park and Trail Dedication Fee (if in lieu of land) $ 0.00
Other (Future Seal Coat)
$ 5,000.00
TOTAL CITY DEVELOPMENT FEES $ 14,339.00
36. RFn� UCTION OF SECURITY Upon receipt of proof satisfactory to the City that the
required work has been satisfactorily completed and financial obligations to the City have been satisfied,
the Security may be reduced by seventy -five percent (75 %) of the financial obligations that have been
satisfied upon written authorization by the City Engineer. Any requests for reductions in the Security must
be made in writing to the City Engineer and must be accompanied by lien waivers from any contractor or
subcontractor for the Developer. Twenty -five percent (25 %) of the Security shall be retained until all
Developer Installed Improvements and other obligations under this Development Contract have been
completed, including, but not limited to, all financial obligations to the City, and the receipt of all required
as -built street, utility and grading plans by the City. Once the City has accepted the project, as- builts have
been completed, all punch list items are completed and warranty bonds submitted, the Irrevocable Letter of
Credit may be reduced to 5 %. Upon completion of the warranty period the 5% Irrevocable Letter of Credit
may be released. In no event shall the five percent (5 %) Security be released until the Developer provides
the City Engineer with a certificate from the Developer's registered land surveyor stating that all irons have
been set following site grading and utility and street constriction.
37. WAM NTY The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty workmanship.
The Developer shall post warranty bonds in the amount of twenty -five (25 %) of the improvements as
security. The warranty period for streets is one (1) year. The warranty period for underground utilities is
two (2) years. The warranty period on Developer Installed Improvements shall coumience on the date the
City Engineer issues written acceptance of the improvement. All punch list items must be completed and
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6/15/11
"as- built" drawings received prior to the commencement of the warranty period. The retained Security may
be used by the City to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities. These standards are set out
in the Public Works Design Manual.
38. OVERSIZING City and Developer agree that the Developer Installed Improvements
should be oversized for the benefit of future development. Oversizing is the construction of a Developer
Installed Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer determines that oversizing is required, the City
shall reimburse the Developer for the costs associated with this work and as approved in this contract. City
and Developer agree that the cost of system oversizing to be reimbursed to the Developer is
$ _ A.00 based upon a cost estimate by the City Engineer as determined by an engineer's estimate or
contractors bid to be provided by the Developer and application of the City's Assessment Policy based on a
final engineering design. The calculation for oversizing is attached as Exhibit D.
39. � .
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to continence an Interpleader
action pursuant to the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Irrevocable Letter of Credit Security in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the
City from any further proceedings as it pertains to the Irrevocable letters of credit deposited with the
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District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this
Development Contract.
B. Prompt Payment to ,Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of 1' /z 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, fi the Irrevocable Letter of Credit or other security provided by the Developer to the City. (See
Minn. Stat. §471.425, Subd. 4a.)
40. RESPONSIBILITY FOR COSTS
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in firll all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in firll.
41. DEVELOPERW DEFAULT
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, any one or more of the following events: (1) failure by the Developer to pay,
in a timely manner including but not limited to all real estate property taxes, utility charges, and
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assessments with respect to the development property; (2) failure by the Developer to construct the
Developer Installed Improvements pursuant to the terms, conditions and limitations of this Development
Contract; (3) failure by the Developer to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed under this Development Contract; (4) transfer of any
interest in the Plat without prior written approval by the City Council (for the purpose of this paragraph, the
sale of a lot, except an outlot, to a builder is not an event of default); (5) failure to correct any warranty
deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the City in
connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable Letter of
Credit at least forty -five (45) days prior to its expiration date ; (8) receipt by the City from the Developer's
insurer of a notice of pending termination of insurance; (9) failure to maintain a current insurance
certificate on file with the City meeting City requirements; (10) failure to maintain an Irrevocable Letter of
Credit or security in good standing; (11) a breach of any material provision of this Development Contract.
With respect to this paragraph, "material provision" shall be construed broadly to offer the City the filllest
protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 42 of
this Development Contract, may take any one or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract,
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development
}'age 18
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Contract or to enforce performance and /or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots, including those lots sold to third parties.
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements using the Irrevocable Letter of Credit to pay for the related costs.
8. Suspend the release of any escrowed dollars.
9. Use of escrow dollars or other security to satisfy any outstanding financial
obligations to the City including, but not limited to, all real estate property taxes, utility charges, and
assessments with respect to the development property;
10. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1 -9 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
42. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the
following: (1) the nature of the breach of the term or condition that requires compliance by the Developer,
or the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the
Event of Default; and (3) the time the developer has to cure the breach or remedy the Event of Default.
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
7599 Anagram Drive, Eden Prairie, MN 55344. Notices to the City shall be in writing and shall be either
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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, 4646 Dakota Street SE, Prior Lake, Minnesota 55372.
Concurrent with providing Notice to the City, Notice(s) shall be served upon the City Attorney, Suesan Lea
Pace, Esq. at Nilan, Johnson & Lewis, 400 One Financial Plaza, 120 South Sixth Street, Minneapolis,
Minnesota, 55402 -1808.
43. INDEMNIFICATION Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting fiom the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willfirl or intentional
misconduct on the part of any of these individuals.
44. NO THIRD PARTY RECOURSE The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 43 shall apply to said actions.
45. INSURANCE REOUIREIMIENTS. Developer, at its sole cost and expense, shall takeout
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
Page 20
6 /15 /Il
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. All insurance certificates shall
have expiration dates falling on June 30 or December 31" of each year. Each insurance certificate shall
have the project name and City project number clearly shown.
46. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within sixty (60) 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 hi fee title of the
property being final platted and /or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
47. SP l'IAL PROVISIONS The following special provisions shall apply to Plat
development:
A. 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. In addition, upon completion of the
project the Developer shall provide the City with as -built utility plans in electronic fbimat compatible with
Page 21
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the City's current software and with layers, colors, and line -types formatted in accordance with City
standards. Additionally, three (3) full size (22 X 34 inch) paper copies and one (1) reduced (11 X 17 inch)
copy shall be certified and submitted to the City.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right -of -way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
48. MISCELLANEOUS
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
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E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
provisions.
of Minnesota.
F. Jurisdiction. This Development Contract shall be governed by the laws of the State
CITY OF PRIOR LAKE
(SEAL)
Bv:
Mike Myser, Mayor
By:
Frank Boyles, City Manager
DEVELOPLi R:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
Page 23
6/15111
(ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this day of , 2011, by
Mike Myser, 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 day of , 20 ,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 24
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of
the subject property, the.development of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this day of , 20
STATE OF MINNESOTA )
( ss.
COUNTY OF _ _ )
The foregoing instrument was acknowledged before me this day of
20 , by
NOTARY PUBLIC
DRAFTED BY;
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 25
6/15/11
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
the subject propel the development of which is governed by the foregoing
that the Develoamen Contract shall remain in full force and effect even if it
Dated this Xay of , 20
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instillment was
20 by
me this
NOTARY PUBLIC
DRAFTED BY;
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 553
6/15/11
which hold mortgage on
)evelop I Contract, agrees
ireclose n its mortgage.
day of
Page 26
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
contract purchaser's Tktel
the foregoing Develop
bound by the provisions
contract purchaser's inter
Dated this
in all or part of the subject property, the development of
Contract, hereby affirms and consents to the provisions t
the same may apply to that portion of the subject pro
day
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was
20 by
DRACfED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 372
20
me this day of
NOTARY PUBLIC
it ch has a
ch is governed by
:of and agrees to be
in which there is a
6115/11 Page 27
EXHIBIT A
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EXI BBIT `rB"
SAMPLE IRREVOCABLE LETTER OF CREDIT
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
No. _
Date:
We hereby issue, for the account of (Name of Developeij - 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. , dated , 20 of
(Name of Bank) "
,
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at _ (Address of Bank) , on or before 4:00 p.m. on December 31, 20
This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty -five (45)
days prior to tine next annual renewal date (which shall be December 31 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,
4646 Dakota Street SE, Prior Lake, Minnesota 55372 -1714, and is physically received by the City Manager at least
forty -five (45) days prior to the renewal date.
This Letter of Credit sets forth in fiill 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
Page 29
6/15/11
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
INSURED:
ADDITIONAL INSURED: City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
() Occurrence
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Insurance Company:
O Claims Made
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy
COVERAGE PROVIDED:
Operations of Contractor: YM
Expiration Date:
Expiration Date:
$2,000,000 for each occurrence
$1,000,000 or snore
Page 30
6115/11
Operations of Sub- Contractor (Contingent): )MS
Does Personal hijury Include Claims Related to Employment? )m
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: )MS
Property Damage Liability Includes:
Damage Due to Blasting )MS
Damage Due to Collapse YF
Damage Due to Underground Facilities YFS
Broad Form Property Damage )MS
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy:
Expiration Date:
$2,000,000 each occurrence
$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 THMTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at On
BY:
Authorized Insurance Representative
Page 31
G /l5 /11
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
NO OVERSIZING IS REQUIRED AS PART OF THIS CONTRACT
Page 32
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EXHIBIT E
ENGINEER'S ESTIMATE
FOR
Jeffers Pond 4th Addition
IN
PRIOR LAKE, MINNESOTA
May 26, 2011
Revised June 15, 2011
Section A - Grading & Miscellaneous Sitework
Contract Item
Unit
Unit Price
Bid Estimate
Quantity Amount
Section A - Grading & Miscellaneous Sitework
Erosion Control fence
LF
$1.70
1628
$2,767.60
Regrade Lots to Fit
LS
$8,000.00
1
$8,000.00
Remove Service
EA
$1,250.00
10
$12,500.00
Install sewer and Water Service
EA
$1,200.00
1
$1,200.00
Revome and replace bituminous
SY
$22.00
888
$19,536.00
Remove and replace curb
LF
$25.00
300
$7,500.00
Amend Soil and engineered soil in Raingarden
LS
$4,000.00
1
$4,000.00
Catch Basin Inserts
EA
$250.00
11
$2,750.00
6" Draintile Cleanout
EA
$125.00
2
$250.00
6" Pcrferated Draintile
LF
$12.00
250
$3,000.00
Overstory Trees
EA
$290.00
119
$34,510.00
Raingarden Planting
LS
$16,000.00
1
$16,000.00
_
Total Grading & Miscellaneous Sitework Proposal Amount
$112,013.60
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
a. All utilities and roads shall be constructed in conformance with the Public Works Design
Manual,
b. Prior to release of the signed final plat mylars, the developer shall pay all fees detailed in the
Development Contract.
c. The Developer shall be responsible for submitting reductions of the Jeffers Pond 4` Addition
Final Plat to the following scales: 1" = 200'; and one reduction at no scale which fits onto an 8
1/2" x 11" sheet of paper.
d. Four mylar sets of the final plat with all required signatures must be submitted.
e. 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 August 20, 2011, will render
the final plat and Development Contract null and void.
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