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Home My WebLink About8C - Westbury Ponds "Fl'02CC" AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: ISSUES: STAFF AGENDA REPORT BC DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER RESOLUTION 95-_ APPROVING THE FINAL PLAT OF THE FIRST ADDITION TO WESTBURY PONDS AND DEVELOPER'S AGREEMENT FEBRUARY 21 , 1995 The purpose of this item is to consider approval of Resolution 95-_ approving the final plat of the First Addition to Westbury Ponds. The developer's agreement for installation of public improvements is being prepared by Larry Anderson and Glenn Kessel and will be forwarded to the Council under separate cover, Westbury Development Corporation, represented by Tom Kearney, has filed for final plat and developers agreement approval for the First Addition to Westbury Ponds. The final plat is being filed in accordance with Sections 6-5-1 and 6-7-1 through 6-7-17 of the Subdivision Ordinance. The principle requirements for final plat approval include a signed developer's agreement with surety for the installation of utilities and streets and the satisfactory completion of all preliminary plat contingencies. The preliminary plat of Westbury Ponds was approved by the City Council on January 3, 1994 subject fourteen conditions outlined in Resolution 94-03; and May 17, 1993 via Resolution 93-34. See attached Council minutes and Resolutions for reference to the contingencies placed upon the preliminary plat. The 60 acre single family development was contemplated to be completed in three phases over the next three to five years. The first phase, containing 36 lots was approved by the Council on August 16, 1993. The final plat of the First Addition to Westbury Ponds is the second phase of the development C?nd contains 36 single family lots. Staff has reviewed the final plat and found it to be in substantial compliance with the approved preliminary plat. The conditions placed upon the preliminary plat have been satisfied or will be accounted for in the developer's agreement and the attached Resolution 95-_ approving .the final plat. The park improvements associated with this phase include the installation of trails and sidewalk adjacent to Willowwood Street and Simpkins 16200 Eagle Creek Ave., Prior Lake, MinnesotaJ5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER T r 1 Circle as well as dedication of Outlot A, for park land. The developer will be required to transfer title of Outlot A to the City in a manner acceptable to City Attorney, Glenn Kessel. Part of Outlot A is intended to be combined with School District property to create a joint park facility and allow the construction of a second school on the Five Hawks Elementary School site. The developer's agreement will be prepared by Larry Anderson and Glenn Kessel. The agreement will specify that the developer is responsible for installation of all utilities, streets, park trails and all other improvements as specified by the Subdivision Ordinance. Engineering staff will be present at the meeting to review details of the developer's agreement with the Council. The developer's agreement will be mailed to the City Council under separate cover. ALTERNATIVES: 1, Adopt Resolution 95-_ attached, approving the final plat of the First Addition to Westbury Ponds and developer's agreement. 2. Table or continue this item for specific reasons as determined by the City Council. RECOMMENDATION: Alternative #1. ACTION REQUIRED: Two motions are recommended, one to approve attached Resolution 95-_ approving the final pia nd a separate motion to approve the developer's agree t. -2- T . r 'FP02RS' RESOLUTION 95- _ RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF THE FIRST ADDITION TO WESTBURY PONDS. MOTION BY: SECONDED BY: WHEREAS, The City Council approved the preliminary plat of Westbury Ponds on January 3, 1994 as per Resolution 94-03; and WHEREAS, The City Council has determined that the final plat of the First Addition to Westbury Ponds is substantially consistent with the approved preliminary plat of Westbury Ponds. WHEREAS, the City Council has approved the final plat of the First Addition to Westbury Ponds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that it should and hereby does require the following conditions to be met, prior to release of, and recording of said plat: 1, A title opinion or commitment of title insurance be submitted acceptable to the City Attorney. 2. Fee title to Outlot A be given to the City of Prior Lake in a manner acceptable to the City Attorney. 3. A separate easement will be required to be filed pertaining to the sidewalk that is to be Icoated on the back side of the right-of-way on Simpkins Circle and Simpkins Avenue, 4. Payment of all fees including but not limited to: final plat fee of $180.00 dollars; park dedication fee, trunk sewer charge, storm water management fee, collector street fee and all other fees associated with the developers agreement. 5. The developer's agreement, as drafted by the City Engineer, shall be signed and fully executed prior to the release of the final plat. All fees shall be paid prior to release of the final plat. 6. Four mylar sets of the final plat with all required signatures be submitted. 7, A complete set of construction plans and specifications for all public works facilities for subdivision be submitted in accordance with the requirements of the "Public Works Design Manual" acceptable to the City Engineer. 8, The developer shall submit a copy of, and agree in writing, to distribute literature to future buyers of lots which indicate the sidewalk improvements approved as part of the development. 9. 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 April 21, 1995, will render the final plat null and void. 10. A complete street lighting plan conforming with current City standards submitted and acceptable to the City Engineer, Passed and adopted this 21 st day of February, 1995. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER ,......... ~._~--_..---------r--.- I r.~ -.-- ''''J' 1 J1I....rp H! - 1 . )111 ~ l" i :Ij 1 I-!il!j;il ji i · I~ . 1 . ~I' . '11!i II I~ fl II ! Ii J .Ji~llau Ii ; I !1') ~5 "J .",'i" ;~I~d !!!illlt! III ;; Ii ' d .iilj H ij ll:l I! :1' ! ~iHjH!~ h !! Ii f, ~ " j ii~i .1 it l:>)~;; j . 11a~ 'I I~ i ~ ij 1. · .~31.1__ :J. ! IJ I " · "Iii Iii ,: I ' ! I : It I I ,j , ; ~ II )' il1!iI!j1i! i! I Ill' I. I ill ( 11m! II I !i i , 11 11" JI J ." 1 1 H:a ,I. I~ I 03.. I I I ~ f f liQl:j!i1i!i I~ 1'1 ~13 i Ii J!111 jl : H! i I "", I .1 11.)._ 8 I: 1 Iii i. liisl i~ 1 d. .. '-L.. 1 ,J J ~j 'il. 1.2 .i i j:> ] J Jlli s. P I i :,11. .1 ~&JQI..j"l j 111. " J IJ 111. ~ i ~ "Iflll Ij1il!Hh i: i.. I I.. U-)" I.l rill; 11 ! i! i ! >- j, -j !,j.jlhil:! :'11 'I I; ! I !,ll/ .! · '1~;;1 1 ~ !1! Ii liJj~11i;~ I~ Ii i i Ii H I) g II i !!:a~!~ g i I~ ~ ~ I i --.J .'J.... '11"1.~s )1 at 'l j B! 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""'7 -, ....".,., -"-":;:.'I'::~ .___ -.1' , I C) c: ""l I"- C) ""l ~~ ;a Ssa~ ;</ 1> '-' ~ ~ ~ I at/ HI I ~/ \l ;:) '1\ 'II ... n1 '. ..., :: ... .. h . a ~j 0) .." - ::0 (J) -I h CJ CJ - -I - o < -I o ~ {Jj -I co C ::0 -< -0 o <: CJ (J) "AS8oI03" RESOLUTION 94-03 RESOLUTION OF THE PRIOR LAKE CITY COUNCn.. TO APPROVE THE PRELIMINARY PLAT OF WESTBURY PONDS FIRST ADDmON. MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, KEDROWSKI SECOND BY: SCOTT the City Council held a hearing on the 3rd day of January, 1994 to consider a petition submitted by Jim Allen to approve the preliminary plat of Westbury Ponds First Addition, and; the Prior Lake Planning Commission conducted a public hearing on November 18 and December 16, 1993, and recommends approval of the preliminary plat subject to the conditions outlined in Resolution 93-13PC, and; notice of the hearing on said motion has been duly published and posted in accordance with the applicable Minnesota Statutes~ and the preliminary plat is consistent with the Comprehensive Plan; and City Council Resolution 93-34; and the preliminary plat will result in a design that benefitS School District 719, the City of Prior Lake and Westbury Development Corporation; and the preliminary plat is consistent with the requirements of the Zoning and Subdivision Ordinances of Prior Lake, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCn.. OF PRIOR LAKE, MINNESOTA, that it should and hereby does approve the Preliminary Plat of Westbury Ponds First Addition subject to the following: 1, Additional grading work may be necessary in the proposed park area to function for the park purposes. Bill Mangan, Director of Parks & Recreation, should provide input as to the park needs and this necessary grading, 2. The storm sewer from Willow Wood Circle to Five Hawks Avenue street and storm sewer system can handle the additional drainage area, 3, The developer needs to provide the necessary sanitary sewer, watennain, storm sewer. and drainage easements on the plat 4629 Dakota St S.E.. Prior Lake. Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 447-4245 AN EQUAL oPPORTUNITY EMPLOYE.~ ---...,... I r- 1 4, Willow Wood Street has a median shown near the Five Hawks Avenue intersection. The developer will be responsible for necessary striping and signing as required by the City Engineer. 5, Five Hawks Avenue has a five (5) foot concrete sidewalk along the west side. The developer should delineate the crosswalk in the street by either brick pavers or by stamped colored concrete, 6, The sanitary sewer and storm sewer lines along Lot 1, Block 5. should be located in the City park acceptable to the City Engineer, 7, All major drainage swales need to be sodded or a wood fiber blanket must be installed to prevent erosion. 8, An as-built grading plan should be provided to the City Engineer prior to final plat approval of the Westbury Ponds First Addition. 9. Storm sewer and sanitary sewer easements will be needed in lot areas. 10, The storm sewer from Willow Wood Circle to Five Hawks Avenue can be eliminated if detennined that the drainage flow can be handled on Five Hawks Avenue, 11. On Simpkins Circle, an 8" watermain needs to be extended to the plat line to connect with Westedge Estates. 12. The design of the median at Willow Wood Street and Five Hawks Avenue and the street section at this location must be acceptable to the City Planner prior to final plat approval, 13, Rim and invert elevations are missing for storm sewer pipe in Lots 22 & 23, Block 4, 14, The City of Prior Lake pay for the sidewalk in Simpkins Circle, Passed and adopted this 3rd day of January, 1994. Andren Greenfield Kedrowski Schenck Scott YES X X X X NO l"J Frank ~yles / City M~r City of Prior Lake { Seal } ~ Prior Lake City Council Minutes Jan~ary 3, 1994 8, Discussion occurred regarding the current fee schedule for unlicensed dog recovery fee. Council directed staff to do a comparison study of other cities on these fees, Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously, A short recess was called, The meeting reconvened at 9:20 p,m. Consider Approval of Ordinance 94-02 Amending Prior Lake City Code Title 9, Chapters 4 and 5 - City Manager Boyles introduced the item and turned the presentation over to Finance Director Teschner, Mr, Teschner discussed details of the proposed ordinance regarding increased city WAC, City SAC, Water Tower Charge, MWCC/SAC and Sewer Billing Rate increases, MOTlON BY KEDROWSKJ, SECONDED 8Y SCOTT, TO ADOPT ORDINANCE 94-02 AMENDING PRIOR LAKE CITY CODE TITLE 9, CHAPTER 4 AND 5 INCREASING THE FEES. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously, . C, Consider Approval to Retain a Labor Negotiator to Conclude Labor Agreements with Bargaining Units, - City Manager Boyles discussed details of the request with Council and the proposals as submitted, A short discussion occurred, Pete Bergstrom, of Ratwik, Roszak, Bergstrom and Maloney, P.A. answered questions from the Council. MOTlON BY KEDROWSKJ, SECONDED BY SCHENCK, TO AUTHORIZE A LABOR NEGOTIATOR TO COMPLETE LABOR NEGOT1AT10NS AS SET FORTH IN THE STAFF REPORT AND TO USE FUNDS FROM THE CONTINGENCY FUND IN AN AMOUNT NOT TO EXCeED $13,000, Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. D, Consider Approval of Resolution 94-03 Authorizing Preliminary Plat and Ordinance 94-03 Rezoning of Westbury Ponds First Addition - Planning Director Graser discussed the proposed partnership between the developer, school district and city in this land exchange and rezoning of the 1,235 acres which would result in savings to Prior Lake and Independent School District 719 tax payers, Council directed staff to correct Resolution 94-03 Item #8, Councilmember Greenfield requested that staff should review any Policies currently being used and put them on the agenda for for Council consideration, .3- ._."t.__....._~- .... _.,.,.".'_4,...____~_...._..__~._____"~.,..,_"."'_.._.."...._.,......-400"._,.._.~_,~..__"'~__~_____.__ I Prior Lake City Council Minutes Jan",ary 3, 1994 MOTION BY KEDROWSKI, SECONDED BY SCOTT, ADOPTING RESOLUTION 94-03 AS AMENDED APPROVING PRELIMINARY PLAT OF WESTBURY PONDS FIRST ADDITION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously, MOTION BY KEDROWSKJ, SECONDED BY SCOTT, TO APPROVE ORDINANCE 94-02 AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND PRIOR LAKE ZONING ORDINANCE 83-6 SECTION 2.1. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously, E, Consider Approval of Bylaws, Appointments, and Bids for 1994 - see attached summary. · Consider Approval of Acting Mayor for 1994. MOTION BY KEDROWSKJ, SECONDED BY GREENFIELD, TO APPOINT CAROL SCOTT AS ACTING MAYOR FOR 1994. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously, . Consider Approval of Official Newspaper for 1994. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO APPROVE THE PRIOR LAKE AMERICAN AS THE OFFICIAL NEWSPAPER. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously, . Consider Approval of Official Bank for 1994, MOTION BY KEDROWSKJ, SECONDED BY SCOTT, TO APPROVE THE PRIOR LAKE STATE BANK AS THE OFFICIAL BANK FOR 1994. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously, . Consider Approval of Equalization Committee for 1994, . MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE FULL COUNCIL AS THE EQUALIZATION COMMITTEE FOR 1994, -4- /1:-;.. ... .J .'. , " ..( ~.. ,i' :1 . " ." . . ).. .~ .r ~ .j' ~ " . ~ ,..' ; l" -~ >- 0::(1) ~a a:l2 1-0 (1)Cl.. ~ en ~ ~ :t tU > - '- ....J o o - .... C,,) CI') >- ~ ~ z w ,::E tU , - tU .;:";0",,- ~."~.". .':;;::,.:' "- ::'-, ~.... ~..j...-......... ,.. "'''", .., ~" . ..... '".~ . I&.. a: ..;....... I o 0 I !l> ~::~.. ". c:J)- z,.. Ze,j ~2 a:w 0 a: el&.. Wen enw Oa: ~~ a:." a.M ~ ,.. '.~ ~'''; '... ........; .", ..... -'-:".'-0 ,-,_. -a=..~:~r.....'::.;.:-... . '.- ,.,- ':." .' s.; . ': . ;i: . =:.5 -'\e' ~: 1 . ~l. .~!.! : M . .I. '" o " '" ~ J . ~... . .......~ " ..:.s --- 4 ~ l- lL ." '~~. .1.. ..... : I ii! ~1 I i ~ 1 '4.. I .. t. i! I iH fi . i : It I I( Ii,: '. I . 1-, i! . I .. t 'i . I J" - "'1 ,~{ ~. I s.. I t., "I' -=!!.l, '. 1 ',,! . =~; ,: H.I ai., 1 . I -~ i _ -i 11 ~,. " t't" .. f'~ i=~ , lli! =1 I it ;~! H . ,.. it bi '.. .S o lii ~~ l~~if p! << '.. .jl i.I) ':! · ':'; J i: :}, 11. ~ ~:~ = .. ;~ ~:.'l ,. .. ... ..t '-: , 'M .. . j.;:" .........#, '..~ ""...,. "'..~fI... ''''l~''': ~ '.., " ~~:- ; '.' ,', .:.... ":J '., " ,"" < ....._---~-~ I --y-----. "RS9334" RESOLUTION 93-34 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL ESTABLISHING FINDINGS OF FACT AND CONDITIONS TO APPROVAL OF THE PRELIMINARY PLAT OF WESTBURY PONDS. MOTION BY WHITE SECONDED BY KEDROWSKI WHEREAS, the Prior Lake Planning Commission conducted a Public Hearing on the 4th day of March 1993, to discuss and to act on an application submitted by Westbury Development corporation for a Preliminary Plat in accordance with section 6-3-2 of the Prior Lake Subdivision Ordinance. WHEREAS, notice of the hearing on said motion had been duly published and posted in accordance with the a~plicable Minnesota Statutes and an opportunity was prov~ded for all interested parties to comment and be heard; and WHEREAS, the Planning Commission determined the proposed plat to be consistent with the Comprehensive Plan and has recommended approval of the Preliminary Plat subject to the following conditions: 1. The sanitary sewer, watermain, and street plans must be subject to the approval of the City Engineer. 2. The stormwater management, storm water, grading, and erosion control plans must be subject to the approval of the City Engineer. 3. Appropriate drainage and utilit1 easements be provided acceptable to the City Eng~neer. 4. Additional'recommendations in the memo from the City Engineer. and; 4629 Dakota St S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAl. OPPORTUNITY a-tPl.OYER WHEREAS, the Planninq Commission qranted block length variances Block 6 for 415 feet, Block 1 ~or 371 ~eet, and Block 7 ~or 30 ~eet. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE TO APPROVE THE PRELIMINARY PLAT OF WESTBURY PONDS SUBJECT TO THE FOLLOWING CONDITIONS: 1. The three eyebrow cul-de-sacs be redesiqned to include a center island or eliminated. 2. The City of Prior Lake, Developer, and School District 719, have signed a letter of understandinq which sets forth an alternative develo~ment plan for the easterly half of the plat. All part~es understand that a replat will be necessary to implement the alternative development plan. Passed and adopted this 17th day of YES May , 1993. NO Andren Fitzgerald Kedrowski Scott White x X- X- X- X Andren Fitzgerald Kedrowski Scott White Lake {Seal} -.--r------........---.. I I' .......,-----...-.-...--.~.....-..--.-.... Prior Lake City Council Minutes May 17, 1993 11. Consider Approval of Preliminary Plat for Hidden Hidden V~ew and Resolution 93-33 - Jim Hayes ~resented a ' map of subject site and discussed deta~ls of the ~~~ proposal and the six contingency items as ~ recommended by the Planning commission. He 'P./.a;t 1li reviewed objections voiced by the public which 93-33 were: lots too small, traffic and safety issue, location of pond, design not workable, street design not consistent with the area. Ray Brandt, Argus Development - presented an updated drawing of the plat design showing drainage into the pond. Discussion occurred regarding access to the three outlots. Mr. and Mrs. Ray Brandt addressed the audience regarding the outlot and their options for later development. Further Council discussion occurred. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE TO 1li 93-33 APPROVE RESOLUTION 93-33 SETTING FORTH CONDITIONS Hi..d.den. _ FOR THE PRELIMINARY PLAT OF HIDDEN VIEW AS AMENDED VLew DELETING THE TWO DASHED LINES ON THE PROPOSED OUTLOT, AND CLARIFICATION OF ITEM 6 STATING THAT THE OUTLOT IS TO BE DESIGNATED AS A LOT. 12. Upon a vote taken, ayes by Kedrowski, Scott and White, unanimously. A short recess was called. The meeting reconvened at 11:20 p.m. Consider A~proval of Preliminary Plat for Westbu~ We4zb~~ Ponds an Resolution 93-34 Sett~nq Fort 'Po~ Condit~ons - Planner Graser presented deta~ls of 'P~~ the plat and briefly discussed the City's actions 'P./.a;t prior to rezoning of the property to amend the comprehensive plan. Graser also showed a conceptual replat of the area indicating a park facilitr along with a second site for a school. Discuss~on occurred regarding distance of the trails from the nearest homes along the park area. Mr. Graser noted that the City will require a Letter of Understanding from the School District to accompany the Preliminary Plat. Discussion occurred regarding eyebrow cul-de-sacs, berming, berm height and low maintenance ground cover on the berm. Andren, Fitzgerald, the motion passed 8 Prior Lake city council Minutes May 17, 1993 MOTION MADE BY WHITE, SECONDED BY lCEDROWSKI, TO Uled.b~ APPROVE RESOLUTION 93-34 ESTABLISHING FINDINGS OF fJon.dA FACT AND CONDITIONS TO APPROVAL OF THE PRELJ:MJ:NARY'Pn.eWn. PLAT OF WESTBURY PONDS. 'Pl..a;t d ' 1li93-J4 Upon a vote taken, ayes by An ren, F~tzgerald, Kedrowski, Scott and White, the motion passed unanimously. 13 . Other Business: city Manager Boyles reviewed his Council Update. City Manager Boyles discussed vacancies on Boards and Commissions. Council concurred that the past procedure of advertising the positions in the Prior Lake American. Councilmember Fitzgerald announced he will be gone during the June 21, 1993 Council meeting. Discussion occurred on the Watzl's pointUlat~/' issue. council concurred that it should be ~ 4 brought to a close soon. The next Council meeting will be Monday, June 7, 1993 at 7:30 p.m. a) b) c. d. ~~~i~~ ,/ adjted Fran B e Ci~~r. , .\ oJ...!!.. ~ ~ \./\.,0.+1 Dee B~rch Recording Secretary at There being no further business, 12:10 p.m. by general consent of the 9 _ .. .k.......~""_.'.~'.m'..'__._.~_..._..___._"__________,......._____.___.....'4.",.._.._..._,,~_._...,.._,~....."..",.~.., .,..,_,._.,.."o,_._._,.,~_..~ _'__H'_~____"_~___-~' T ~ .-----.-----.----.--...---- .; CONTRACT FOR DEVELOPMENT OF LAND IN THE CITY OF PRIOR LAKE, l\1INNESOTA TillS AGREEMENT, made and entered into as of the 21th day of February, 1925,. by and between the City of Prior Lake, a municipal corporation organized under the laws of the State of Minnesota and Westbury Development Coq>oration, a Minnesota corporation. WITNESSETH THAT: WHEREAS, Developer is duly organized to do business in the State of Minnesota and owns the Property within the City of Prior Lake; Scott County, Minnesota, and WHEREAS, Developer desires to develop the Property; and WHEREAS, Developer has made application to City Council for approval of the plat of the Property; and WHEREAS, the City has granted preliminary plat approval and final plat approval to First Addition to \Vestbury Ponds on the condition that, among other things, Developer enter into this Agreement to provide for installation of Developer improvements and all other improvements hereafter described all on the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of these premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. DEFINITIONS: RULES OF INTERPRETATION AND EXHIBITS. In this Agreement the following terms shall have the following respective meanings unless the context hereof clearly requires otherwise: a. "Agreement" means this Contract for Development of Land in the City of Prior Lake, Minnesota, by and between City and Developer Westbury Development COl:poration, as the same may be from time to time modified, amended or supplemented. b. "Cash Escrow Deposit" means a cash deposit with the City Finance Director in the amount of.$Q.QQ (125% of Cost of Developers Improvements). c, "City" means the City of Prior Lake, a governmental subdivision of the State of Minnesota. d. "City Attorney" means the City Attorney of the City of Prior Lake. e. "City Council" means the Prior Lake City Council. f. "City Engineer" means the City Engineer of the City of Prior Lake. Page 1 _.....,...+._..."'~--"'._.,..........._-~..--'~.-----.........~"^".....,... T . ---,--------_._~ g. h, . . ....:. ~ "City Finance Director" means the City Finance Director of the City of Prior Lake. "Cost of Developer Improvements" means the cost of Developer Improvements as estimated by the City Engineer on Exhibit A in the City Engineer's sole and absolute discretion. 1, "Developer" means Westbury Development COl:poration its successors and assigns. J, "Developer's Installed and Financed Improvements" means the construction work to be performed by Developer on the Property including, but not limited to, the trees, grading, topsoil and sodding, sidewalks and driveways, curb-stop adjustments, street lighting, streets, curb and gutter, water supply, sanitary sewer, storm sewer/storm water improvements, drainage, Permanent Street Improvements and Traffic Signing Improvements to be performed, installed or constructed upon the Property pursuant to this Agreement, the plans, specifications, drawings and related documents, and in accordance with the policies and ordinances of City as City may adopt from time to time. k. "Event of Default" shall mean whenever it is used in this Agreement anyone or more of the following events: (i) failure by Developer to timely pay all real property taxes assessed with respect to the Property; (ii) failure to construct the Developer's Improvements pursuant to the terms, conditions and limitations of this Agreement; (iii) failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (iv) transfer of any interest in Developer or (v) failure to correct warranty deficiencies; (vi) failure by Developer to timely pay all contractors, subcontractors and material suppliers for the Development Improvements; or (vii) if the term of the Letter of Credit and/or the Performance/Warranty Bond will expire prior to the expiration of the Warranty Period, the failure by Developer to replace the Letter of Credit and/or renew the Performance/Warranty Bond at least fifteen (15) days prior to its expiration. 1. "First Completion Date" means August 1. 19~. m. "Second Completion Date" means August 1. 192Q. n. "Letter of Credit" means an irrevocable letter of credit in the amount of $453,308.75 (125% of Cost of Improvements) in the form of Exhibit B. o. "Including" means including, but not limited to. p. "PerformanceIWarranty Bond" means a Performance/Warranty Bond in the form of Exhibit G in an amount as specified by the City Engineer (an amount equal to the original cost of the improvements). q. "Permanent Street Improvements" means permanent street surfacing in accordance with the policies and ordinances of City as City may adopt from time to time. r Page 2 - ".....~<.__._-~_.,._-_.,"._"^~._...."~---~~--......_.,-<-...._..-_.-,,"'~" I r.' "Policy for Private Development Projects" means the policy for such projects adopted by the City Council as may be amended the current policy of which is attached as Exhibit F. s, "Property" means the real property, together with improvements, if any, described in Exhibit C. t, "Registered Professional Engineer" means a person currently licensed in Civil Engineering with the Minnesota State Board of Registration for Architects, Engineers, and Land Surveyors, u, "Sewer and Water Improvements" means sanitary sewer and water laterals or extensions including all necessary building services in accordance with the policies and ordinances of City as City may adopt from time to time. v, "Storm Sewer Improvements" means storm sewers, catch basins, inlets and other appurtenances when determined to be necessary by City Engineer in accordance with the policies and ordinances of City as City may adopt from time to time. w. "Street Improvements" means street grading, graveling, and stabilizing including construction of boulevards and turf establishment in accordance with policies and ordinances of City as City may adopt from time to time. x. "Subdivision" means the division of a parcel of land into two or more lots or parcels by any means including platting, registered land survey and conveyance by metes and bounds. Where appropriate to the context, "subdivision" shall relate to the process of subdividing or to the land to be subdivided. y. "Traffic Signing Improvements" means standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision determined to be necessary by City Engineer in accordance with the policies and ordinances of City as City may adopt from time to time. z, "Unavoidable Delay" means Acts of God, casualties, war, civil commotion, embargo, riots, utilities, energy or fuels, litigation in regard to the Subdivision by third parties, failure after diligent effort to obtain required environment or other approvals, authorization or permits, any acts or omissions of any governmental authority with jurisdiction, (other than the City), and all other causes of events which are beyond Developer's or City's control. aa. "Construction Inspection of Developer Projects" means the inspection of Developer's Installed and Financed Improvements by City Engineering Personnel or by consultant engineers hired by the City, the costs of which are to be either reimbursed to the City by the Developer or paid directly to consultant by the Developer, as the case may be. This Agreement 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 Agreement as a whole rather than to any particular section or subdivision hereof. r Page 3 ^ -^''''''-'''~'-_''''''''''''''''''_'-_.'_'''_."-_''''-''''''-'-----~_'--''_' I I Reference herein to any particular section or subsection hereof are to the section or subsection of the Agreement as originally executed, Any titles of the several parts, articles and sections of this Agreement are inserted for convenience of reference only and shall be disregarded if construing or interpreting any of its provisions, The following exhibits are attached hereto and by reference made a part of this Agreement: Exhibit A - Cost of Developer Improvements Exhibit B - Letter of Credit Exhibit C - Property Identification Exhibit D - Developer and City Cost Summary Exhibit E - Special Conditions Exhibit F - Policy for Private Development Projects Exhibit G - Performance/Warranty Bond 2. DEVELOPER IMPROVEMENTS Developer shall construct and install, at Developer's expense (except as hereinafter provided), the Developer Improvements, in accordance with the terms of this Agreement, the policies and ordinances of the City, as City may adopt from time to time, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations) and according to the plans, specifications, drawings and related documents submitted to and approved by City Engineer for the Subdivision prior to commencement of any construction and final plat approval, and shall timely pay all contractors, subcontractors, and suppliers/materialmen for the Developer Improvements. The plans, specifications, drawings and related documents shall be prepared by a Registered Professional Engineer subject to review and written approval by City Engineer. Changes in plans, specifications, drawings and related documents will only be permitted if the revised plans, specifications, drawings and related documents are submitted to and approved in writing by City Engineer prior to making any of the contemplated changes. Prior to construction of the Developer Improvements, Developer shall provide an executed copy of any contract entered into by Developer with a third party for the installation of the Developer's Installed and Financed Improvements, On or before the date hereof, Developer shall pay to the City a fee equal to 6% of the estimated developer project cost as determined by the City Engineer to cover the costs of City in preparing and administering this Agreement. On or before the date hereof, Developer shall furnish to the City the Letter of Credit or Cash Escrow Deposit at City's sole option. r Page 4 _,....".,_.. ...,.._."........__...__. .. ~..~"'_.d.....'.._.,.._.,__........,~. ,,' ...... -.. .... .., ~ T I' -r----- Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary Sewer Improvements and Watermain Improvements shall be completed by the First Completion Date, Permanent Street Improvements and Traffic Signing Improvements and all other Developer Improvements as per plans and specifications shall be completed by the Second Completion Date, Noncompliance with either the First Completion Date or the Second Completion Date will cause the Letter of Credit or Cash Escrow Deposit to be called on, unless an extension of time is granted by City Engineer in his sole and absolute discretion, The City, either utilizing the City's Engineering Department Personnel or the City's Consultant Engineering Personnel, shall inspect the Developer Installed Improvements in accordance with the policy for private development projects adopted by the City, Inspection services by the City shall include: A. Inspection of public improvement systems which include grading, sanitary sewer, watermain, storm sewer/ponding and street system. Grading inspection is for overview of drainage swales and not for detail site grading. B. Documentation of construction work and all testing of improvements. C. As-built location dimensions for sanitary sewer, watermain, and storm sewer facilities, D, Coordination with testing company for soil and material testing and actual material testing costs as performed by City consultants or city staff. The Developer's Engineer shall provide all other construction services including, but not limited to: A. Construction surveying. B. As-built drawings of development improvements (Tie dimensions to sewer and water services from City ~taff or City consultant). C. Construction quantities, D. Change orders. E, Construction administration of project. F. Construction payment vouchers, G, Project Testing - The developer is responsible through its testing company at the developer's cost to provide testing to certify that the project was completed in compliance with the approved plans and specifications, The personnel performing the testing shall be certified by the Minnesota Department of Transportation or have ,...... Page 5 , I equivalent certification. The City Engineer may require additional testing if in his opinion adequate testing is not being performed. The cost of additional testing to be paid by the developer. All construction inspection service charges for City Engineer personnel or City Consulting Engineering personnel fees shall be paid by the Developer to the City and/or directly to City Consulting Engineer within twenty (20) days from the date of receipt of invoices for such services from the City all in accordance with the Policy for private development projects. Failure to pay said invoice charges within said twenty (20) day payment period, may cause the City to draw down on the Letter of Credit in the full amount of said invoices, at the sole and absolute discretion of the City, without notice to Developer, In the event there are insufficient funds available in the Letter of Credit to reimburse the City for such inspection service charges as well as to maintain a sufficient sum of money to secure Developer's guaranty, then the City shall have the right to deny building permits or occupancy permits to the Property until such time as said charges have been paid in full or the Letter of Credit amounts have been increased to at least the amount of such inspection service charges together with the sums necessary to secure the Developer's guaranty. 3. DEVELOPER REPRESENTATIONS. Developer represents and warrants that neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or a compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in breach of, the terms, conditions or provisions of any restriction of Developer, or evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now party or by which it is bound or will constitute a default under any of the foregoing. Developer further represents and warrants that Developer will cooperate with City with respect to any litigation commenced with respect to the Property or the Developer Improvements. Developer represents and warrants that the Developer Improvements will conform to all laws, regulations and ordinances of all local, state and federal government authorities. 4. OVERSIZING City and Developer agree that the Developer Improvements should be oversized for the benefit of future development. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $QJill based upon an estimate as determined by the City Engineer. Developer shall pay City upon demand the Trunk Oversizing Costs per the schedule outlined in the City's Assessment Policy. These rates are as follows: S&W Acreage $3,500.00/net acre Collector Street Fee $ ,168/net sq. ft. $1,500.00/net acre Trunk Storm Sewer (Res.) Page 6 J . ~.._-_._-_.~....._. Developer waives any and all claims, assertions, causes of action, in law or in equity, as to the costs and/or determination of said oversizing allocated to Developer, calculations and/or determinations of them, as made by or on behalf of City or all "oversizing" requirements of Developer as may be specified and contained in this Agreement or attachments hereto. The parties acknowledge and agree that the fees and costs allocated to City and Developer, as set forth herein and any exhibits hereto, may be based upon estimated costs made by or on behalf of City. However, the cost of the oversizing, as estimated by or on behalf of City, is binding upon City and Developer. 5. INSURANCE. On or before the date hereof, Developer and its contractors shall procure and maintain or cause to be maintained during the term hereof, at its sole cost and expense, the following types of insurance in the amounts specified and in the form provided for below: Comprehensive general public liability insurance against claims for bodily injury, death or property damage occurring upon or in the Property and the improvements, such insurance to afford protection to a combined single limit of not less than $2,000.000.00 with respect to death or injury to anyone or more persons and $1.000.000.00 with respect to property damage. Insurance term shall expire at the conclusion of the warranty period. Workers compensation insurance, with statutory coverage. Such other insurance in such amounts as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure. The policies of insurance required hereunder shall be taken out and maintained with responsible insurance companies licensed to transact business in the State of Minnesota. Certificates evidencing such insurance shall be furnished to City upon commencement of construction of Developer's Improvements. Each policy shall contain a provision that the insurer shall give not less than thirty (30) days advance written notice to City in the event of cancellation of the policy, non-renewal or changes affecting the coverage thereunder. City shall be named as an additional named insured under all policies required to be maintained by Developer and executed copies of all such policies of insurance or certificates thereof shall be delivered to City promptly upon their issuance and thereafter until thirty (30) days prior to the expiration of the term of each such policy, As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Developer in like manner and to like extent. 6. STREET MAINTENANCE DURING CONSTRUCTION. Developer shall be responsible for all street maintenance until the Subdivision is accepted by the City. Warning signs 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 ,.- Page 7 ..---. , I ' ---r----......-~... ...... and closed. Developer shall be responsible for keeping streets within and wimoUl the Subdivision swept clean of dirt and debris that may spill or wash onto the streets, The Developer shall daily clean streets of dirt and debris which has resulted from construction work by the Developer and its agents or assigns. 7. ACCEPTANCE OF SUBDIVISION AND DEVELOPER IMPROVEMENTS. City will accept the Subdivision after it has been completed in accordance with the provisions of this Agreement, the policies and ordinances of City, as City may adopt from time to time, and all locall state and federal laws and regulations. Developer shall furnish certificates of completion for the completed Subdivision certifying that the work has been completed in accordance with the terms of this Agreement and shall also furnish mylar "as-built" reproducibles for all phases of construction included in this Agreement. Prior to acceptance of the completed Subdivision by the City Engineer, Developer must furnish to City a Letter of Credit guaranteeing satisfactory performance of the Developer Improvements in an amount equal to ~ of the original cost of the Developer Improvements. The 25% Letter of Credit guarantee amount can be reduced upon the following conditions: A. The Letter of Credit guaranteeing satisfactory performance of the Developer Improvements can be reduced to 5% of the original cost of the Developer Improvements to be completed by the first completion date plus 125% of the original cost of Developer Improvements to be completed by the second completion date, after acceptance of all Developer Improvements to be completed by the first completion date by the City Engineer in writing, and by providing the City a Performance/Warranty Bond from the Developer and its contractors in an amount equal to the cost of the Developer Improvements to be completed by the first completion date. All punch list items related to the first completion date must be completed before a reduction in security will be considered. B. The Letter of Credit guaranteeing satisfactory performance of the Developer Improvements can be reduced to 5% of the original cost of the Developer Improvements after acceptance of all Developer Improvements by the City Engineer in writing and by providing the City a Performance/Warranty Bond from the Developer and its contractors in an amount equal to the original cost of the improvements which shall be in force for one (1) year (the "Warranty Period") following acceptance of all required improvements and shall guarantee satisfactory performance of such improvements. The Warranty Period shall begin effective the date that the City Engineer accepts all of the completed improvements, in writing, including the mylar "as-built" reproducibles for all phases of construction included in this Agreement. 8. RELEASE. HOLD HARMLESS. Developer releases from and covenants and agrees that City and the governing body members, officers, agents, servants and employees thereof (hereinafter for purposes qf this paragraph, the "indemnified parties") shall not be liable for and / Page 8 T I agrees to indemnify and hold harmless the indemnified parties against any damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Property or Developer Improvements, 9. DEFAULT. Whenever an Event of Default occurs, City may take anyone or more of the following actions without notification: a, City may suspend its performance under the Agreement, b, City may cancel and rescind this Agreement. c, City may draw upon and/or bring an action upon any guaranty, the Cash Escrow Deposit, and/or Letter of Credit, the Construction Inspection Cash Escrow Deposit, the Performance/Warranty Bond provided to City pursuant to any of the terms of this Agreement according to their terms, d, City may take whatever action, including legal or administrative action, which may appear necessary or desirable to City to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement or covenan~ of Developer under this Agreement, e. City may suspend issuance of Building Permits and/or Occupancy Permits on Developer's lots. 10. NON-DISCRIMINATION. The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1 of the Prior Lake City Code as may be modified, which relate to civil rights and discrimination and affirmative action shall be considered a part of this Agreement as though wholly set forth herein, and Developer agrees to comply therewith, 11. ASSIGNMENT. Developer represents and agrees for its successors and assigns that Developer has not made or created and that it will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance or any trust or power to transfer in any other mode or form of or with respect to this Agreement or in Developer without the prior written approval of the City. 12. GENRRAL. The terms and provisions hereof be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of any or any part of the Subdivision and shall be deemed covenants running with the land, If there be more than one developer, references herein to Developer shall mean each and all of them. This Agreement, at the option of City, shall be placed of record so as to give notice hereto to subsequent purchasers and encumbrances of all or any part of the Subdivision. Page 9 J I -'---._--'---'-~' , All recording fees, if any, shall be paid by the Developer. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth, by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The address of the parties are as follows, until changed by notice given as above: If to City: City Engineer City of Prior Lake 16200 Eagle Creek Avenue S.E, Prior Lake MN 55372 With a copy to: Glenn R. Kessel Lommen, Nelson, Cole & Stage berg, P.A. 1800 IDS Center 80th South 8th Street Minneapolis MN 55402 If to Developer: Thomas M. Kearney or James E. Allen Westbury Development Corporation 12433 Princeton Avenue Savage,MN 55378 Where this Agreement or any provision hereof makes the time of performance subject to Unavoidable Delay, the time or times for such performances shall be extended for the period of such Unavoidable Delay, provided, that the parties seeking the benefit of the provisions of this section shall, within five (5) days after the beginning of any such Unavoidable Delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of such delay. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. Failure of either party at any time to require performance of any provision of this Agreement shall not affect its right to require full performance thereof at any time thereafter and the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision. This Agreement may be simultaneously executed in several counterparts, each of which shall be an originciI and all of which shall constitute one and the same instrument. Whenever an Event of Default occurs and City shall employ attorneys or incur other expenses, including employment of experts, for the collection of payments due or to become due or for the enforcement or performance or observance of any ,,-. Page 10 . ._------------.- I ._~._-.--_.._--.,-----~-- -- obligation or agreement on the part of Developer herein contained, Developer agrees that it shall, on demand therefor, pay to City the reasonable fees of such attorneys and such other expenses so incurred by City, Developer agrees to hold harmless, indemnify and defend City and its employees against any claims or actions brought as a result of Developer's performance under this Agreement or as a result of alleged actions or omissions on the part of Developer, its employees ocq~u. . IN WITNESS WHEREOF, City and Developer have caused this Agreement to be duly executed on the day and year first above written, Approved by the City Council on the _ day of , 1925,. APPROVED AS TO FORM: DEVELOPER: WESTBURY DEVELOPMENT CORP. By By Glenn R. Kessel Its CITY OF PRIOR LAKE: By By Its Mayor Its By Its City Manager [This Agreement must be signed by all parties having an interest in the Property.] r Page 11 -.'.1"---....... I --,--------~- STATE OF MINNESOTA} } ss: COUNTY OF SCOTT } On the day of , 19 _, before me, a Notary Public, with and for said County personally appeared Lydia Andren and Frank. Boyles, to me personally known, being each by me duly sworn did say that they are the Mayor and City Manager, respectively, of the City of Prior Lake, a Minnesota municipal corporation, named in the foregoing instrument; and that said instrument was signed on behalf of the municipal corporation and acknowledged said instrument to be the free act and deed of said municipal corporation, Notary Public STATE OF MINNESOTA} } ss: COUNTY OF SCOTT } The foregoing instrument was acknowledged before me this day of August, 1993, by Thomas M. Kearney and by James E. Allen. who are the President and Vice-President of Westbury Development, Corporation a Minnesota corporation, on behalf of said corporation. Notary Public ;- Page 12 .. ...........-....---r..- . ...,---.... ...._...._~ ... EXHIBIT A ~ VALLEY ENGINEERING CO., INC. Civil Engineering for Public Works and Private Industry February 1, 1995 Larry Anderson, P.E City Fngineer City of Prior Lake 16200 Eagle Creek Avenue S,E. Prior Lake, MN 55372 Re: Fmal Construction Cost Estimate for Fll'St Addition to Westbury Ponds Dear Larry: In consideration of the latest editing of the construction docmnents for the subject project, the estimated public works costs are updated as follows, . SCHEDULE 1 - (Work completed under Site Grading Contract) $ 0 SCHEDULE 2 - PART A - Sanitary Sewer $ 86,328 PART B - Watermain $ 61,710 PART C - Stonn Sewer in Plat $ 90,721 SCHEDULE 3 - Streets $ 123,888 TOrAL $ 362,647 This estimate supersedes those dated August 17, 1994 and January 17, 1995, Please use this information in the Developer's Agreement, Please let me know if you have questions or need more information. s~ /71/ ~;"~~ c,c, James Allen Tom Kearney 7301 Ohms Lane, Suite 500 Minneapolis. Minnesota 55439 (612) 832.9475 . Fax 832-9542 , I - ENGINEER'S ESTIMATE - FEBRUARY 1, 1995 SANITARY SEWER, WATERMAIN, STORM SEWER & STREETS FIRST ADDmON TO WES1BURY PONDS PRIOR LAKE, :MINNESOTA I~I~=I~ I rorALS ! i ~ loa='ITON ~ULE 1 - STlE GRADING: (Work completed under previous contract) SCHEDUlE 2 _ SANITARY ~ WATERMAIN & STORM Sl4WER: PARI' A - SANITARY SEWER: AOl Silt Fence as Required L.F. 200 $ 3,00 $ 600.00 A02 Rock Constrocti.on Entrances, Complete in Place SY. 65 $ 5,00 $ 325.00 A03 8" PVC SDR 35 Sewer Pipe (0' to 10' Depth) L,F. 315 $ 14.00 $ 4,410.00 A04 8" PVC SDR 35 Sewer Pipe (10' to 12' Depth) L.F. 850 $ 15.00 $ 12, 750,00 A05 8" PVC SDR 35 Sewer Pipe (12' to 14' Depth) L.F. 340 $ 16.00 $ 5,440.00 A06 8" PVC SDR 35 Sewer Pipe (14' to 16' Depth) L.F. 210 $ 17,00 $ 3,570.00 A07 8" PVC SDR 26 Sewer Pipe (12' to 14' Depth) L.F. 35 $ 16,50 $ 577.50 A08 8" PVC SDR 26 Sewer Pipe (14' to 16 Depth) L.F. 50 $ 17,50 $ 875.00 A09 8" PVC SDR 26 Sewer Pipe (16 to 18' Depth) L.F. 50 $ 18,50 $ 925,00 A10 8" PVC SDR 26 Sewer Pipe (18' to 20' Depth) L.F. 70 $ 19.50 $ 1,365,00 All 8" PVC SDR 26 Sewer Pipe (20' to 22' Depth) L.F. 70 $ 21.00 $ 1,470.00 PROPOSAL FORM REVISED 2-(1I-93 P - 1 Project No. 94008 - ,-,.__........._...~..--_.,.."._.... ~~----._--..,..,+, ..--, " ......_.__.~.._..-.... ......----.--- T I A12 8" PVC SDR 26 Sewer Pipe (22' to 24' Depth) L.F. 105 $ 23.00 $ 2,415.00 A13 8" PVC SDR 26 Sewer Pipe (24' to 26 Depth) L.F, 65 $ 25,00 $ 1,625.00 A14 Connect to Existing Stub EACH 2 $ 300,00 $ 600.00 A15 Standard 48" Manholes (rJ to 8' Depth) including Casting & Adjusting Rings and Mortar Casing inside and out EACH 16 $ 1100,00 $ 17,600,00 A16 Manhole Extra Depth over 8' L.F, 97.0 $ 75,00 $ 7;275.00 A17 Standard 4 ft. Outside Drop Section EACH 1 $ 2500,00 $ 2,500,00 A18 Drop section Extra Depth over 4 ft. L.F. 6,7 $ 35.00 $ 234,50 A19 8" x 4" PVC Wyes encased in , Concrete EACH 35 $ 100,00 $ 3,500.00 A20 Connect to Existing 4" PVC Wyes EACH 3 $ 50.00 $ 150,00 A21 Service Risers over 15' EACH 6 $ 85,00 $ 510.00 A22 4" PVC SDR 26 Service Pipe L.F. 1500 $ 8,00 $ 12,000,00 A23 Spec, 2573 Temporary Turf Establishment, Seed, Fertilizer and Mulch as Required ACRE 3.0 $ 550,00 $ 1,650.00 A24 Subgrade Preparation STA 23.3 $ 150.00 $ 3,495.00 A25 Subgrade Test Rolling STA 23.3 $ 20.00 $ 466.00 A26 SUBTOTAL PART A, SCHEDULE 2 - SANITARY SEWER. . . . . . $ 86,328.00 PAlUB- WA1ERMAlN: B.Ol Connect to Existing Stub EACH 2 $ 500.00 $ 1,000.00 B.02 8" D.I.P. Class 52 L.F. 1210 $ 15,00 $ 18,150.00 B.03 6" D.I.P, Class 52 L.F. 1400 $ 12,00 $ 16,800.00 B.04 8" Gate Valve EACH 4 $ 550,00 $ 2,200.00 B.05 6" Gate Valve EACH 4 $ 450.00 $ 1,800,00 B.06 Standard Hydrants, Pacer Model 100, rodded entirely EACH 4 $ 1200.00 $ 4,800.00 PROPOSAL FORM REVISED 2"()1-~ P-2 Project No. 94008 I I ~-_..__._"---~..__._""""". B,07 Remove and Relocate Hydrants & Gate Valve Assemblies EACH 3 $ 600,00 $ 1,800,00 B,08 Fittings including Mega- ~er Glands and Rods and Concrete Reaction Blocking on all Bends and Tees LBS, 2700 $ 1.10 $ 2,970,00 B,09 1" Corporations EACH 36' $ 55,00 $ 1,980,00 B.10 1" Curb Stop and Box EACH 36 $ 90,00 $ 3,240,00 B.11 1" Copper Service Pipe LF, 1500 $ 4.50 $ 6,750,00 B,12 6" Hydrant Extensions EACH 1 $ 220,00 $ 220,00 B.13 SUBTOTAL PART B, SCHEDULE 2 - WATERMAIN, . , . . , , , , , $ 61,710,00 . r PROPOSAL FORM REVISED 2-41-95 P-3 Project No. 94008 .------.-- I .T------.-....-......~.... ORIGINAL ROmE INCLUDED IN FIRST ADOmON PLAT PARr C - STORM SEWER: C.Ol 21" RCP Cl. ill (0' to 10') L,F. 144 $ 29.00 $ 4,176,00 C.02 18" RCP Cl. V (0' to 10') L,F. 763 $ 27.00 $ 20,601.00 C,03 18" RCP Cl. V (10' to 12') L.F. 8. $ 28,00 $ 224,00 C.04 18" RCP Cl. V (12' to 14') L.F. 8 $ 29,00 $ 232,00 C.05 18" RCP Cl. V (14' to 16) L.F, 8 $ 30,00 $ 240.00 C.06 18" RCP Cl. V (16 to 18') L.F. 8 $ 31.00 $ 248,00 C.07 18" RCP Cl. V (18' to 20') L.F. 8 $ 33,00 $ 264,00 C.08 18" RCP Cl. V (20' to 22') L.F. 41 $ 35,00 $ 1,435,00 c'OO 18" RCP Cl. V (22' to 24') L.F. 30 $ 37.00 $ 1,110.00 C,IO 15" RCP Cl. V (0' to 10') L.F. 837 $ , 26.00 $ 21,762,00 C.11 15" RCP Flared End Section with Galvanized Trash Guard EACH 1 $ 600.00 $ 600.00 C.12 Standard 48" Manholes EACH 2 $ 1100.00 $ 2,200,00 C.13 48" Catch Basin Manholes EACH 16 $ 1100.00 $ 17,600.00 C.14 Standard Catch Basins EACH 3 $ 750.00 $ 2,250.00 C.15 Manhole Extra Depth over 8' L.F. 15,0 $ 100.00 $ 1,500.00 C.16 Spec, 2573 Temporary Turf Restoration, Seed, Fertilizer and Mulch as Required ACRE 2.0 $ 550,00 $ 1,100.00 C.17 Silt Fence Behind Completed Curl: EACH 4733 $ 3.00 $ 14,199.00 C.18 Straw Bale Inlet Filters Assemblies at Off-street Inlets EACH 4 $ 100.00 $ 400.00 C.19 Straw Bale Ditch Checks L.F. 60 $ 3.00 $ 180.00 C.20 Hand Placed Rip Rap, MnDOT Cl. II. on 6" Coarse Filter Agg. S.y. 8 $ 50.00 $ 400.00 C.21 SUBTOTAL PART C, SCHEDULE 2 - STORM SEWER "".,.,." $ 90,721.00 1UI'Al. SCBEI>UlE 2, PARIS A, B & C . . , , , . . , . . . . . , . . , . . . . . . . . . . . $ 238,759.00 PROPOSAL FORM REVISED 2~1.9S P-4 Project No. 94008 ,_.~". .-. ',,"-'''~-' I , . ..,..---_...._._-~_.-. . sn:mlUlE 3 - S1REEI': 3.01 Fine grading and Shaping STA 23.3 $ 11.00 $ 256.30 3.02 4" Agg. Base MnDOT Q, 5100010 Crushed for S1reet & Trail TONS 2400' $ 7.00 $ 16,800.00 3,03 Conduit Crossings EACH 5 $ 250.00 $ 1,250.00 3.04 4''x 28" Surmountable Concrete Curb and Gutter & B-618 Concrete Curb and Gutter (around all curb returns and catch basins) including Removals, Class 5 Agg., Topsoil & Boulevard Seed & Mulch L.F. 4733 $ 5.50 $ 26,031.50 3.05 5' Concrete Sidewalk including 4" Sand Cushion S.F. 9200 $ , 1.75 $ 16,100.00 3.06 3" MnOOT 2331B Bituminous Base Course for S1reet TONS 1500 $ 23.50 $ 35,250.00 3.07 Adjust Manholes EACH 16 $ 110,00 $ 1,760,00 3.08 Adjust Catch Basins EACH 17 $ 60.00 $ 1,020,00 3.09 Adjust Gate Valves EACH 5 $ 90,00 $ 450.00 3.10 Bituminous Tack Coat S.Y. 8230 $ ,10 $ 823 .00 3.11 l-W' MnOOT 2341A Wearing Course rvfix TONS 750 $ 25.00 $ 18,750,00 3.12 Sod between Curb & Sidewalk and 3 ft. behind Curb where no Sidewalk is planned in lieu of Silt Fence behind Curb S.Y. 2700 $ 2,00 $ 5,400.00 3.13 'IOfAL - srnmUlE 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 123,887.80 ~ GRAND 'IOfAL srnmuus 2 & 3 ......,.........".............1 $ 362,646.80 ~ PROPOSAL FORM REVlSID 2-01-95 P-5 Project No. 94008 r'.... Il ---,------.--....~.-. .. D II @ II D\Y1 rn: ~ ~r:o ~ -: J FIRST ADDITION TO WESTBURY PONDS LOT AREAS IN SQUARE FEET LOT BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 1 11,903 11,971 16,815 15,298 13,246 2 12,930 12,573 14,111 15,208 12,111 3 14,951 11,311 ******** 14,243 11,703 4 16,336 12,104 -*- 16,038 11,427 5 *-- .******* ***-- 14,238 10,973 6 *-- *- -*- 14,255 13,325 7 --- ******.. - *- 13,977 8 *-* *- - *- 13,395 9 *-- ******** - ***- 10,078 10 *....*** ******** --* - 15,724 11 *-* ******** ******** ******** 27,443 12 ***..... -- **.***** --- 14,100 13 --* ******** *******. *******. 12,286 14 ******** --- ******** ****- 15,524 ***************************************************************************AAA*A*AAAA.*~ I?L. IIZ. 0 A-l,'17''1 ;0 q 2.~ I ~4,1. ~O 1'1'5', '71'2- LOT BLOCK 6 1 18,076 2 18,688 3 18,178 4 19,038 5 20,489 6 17,211 ...************** ~T~L. l? 31, '1..11 ~y=. l\\~~'O , ~ ~~.m___._........--.--__.-,--_____""_'~ EXHIBIT B NO. DATE: TO: CITY OF PRIOR LAKE 4629 DAKOTA STREET SE PRIOR LAKE, MN 55372 Dear Sir or Madam: We open Irreovocable Standby Letter of Credit No. USD S AMOUNT (SPELL OUT DOLLAR AMOUNT 00/11 USDLRS) in the amount of In favor of yourselves. FOR THE ACCOUNT OF: INDIVIDUA.L N1o.ME FOR NAME OF D~ELOPMENT DEVELOPER'S ADDRESS Expires DA.TE at our counters, This is a clean Letter of Credit available against drafts drawn at sight on . BANK NAME A.DDRESS, Minnesota bearing the clause: Drawn under Standby Letter of Credit Number of BANK NAME, accompanied by this original Letter of Credit for endorsement. SPECIAL CONDITION(S) : 1, Drafts must purportedly be signed by the Mayor or the City Manager of the City of Prior Lake, 2, This Letter of Credit is automatically renewable without amendment for an additional one year period from the present expiration date, unless (90) ninety days prior to said expiration date we shall notify you in writing, by Registered Mail, that we have elected not to renew this Letter of Credit, But in no event shall the expiration date extend beyond DA.TE Payment will be made at the counters of BANK NAME , Minnesota. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400, Unless otherwise stated, all documents are to be forwarded to us by mail, or hand delivered to our counters. Documents to be directed to: BA.NK NAME A.ND A.DDRESS We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of this credit will be duly honored upon presentation. BANK NAME AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE 1" ...""-~ - '-----...----r-.,.-'--,---.---., >- Q: :::> en ~ 0 ~ ~ c:i l- ll.: - 0 In u 0 tJ> - ~ .S J: ~ >< ~ w c' ~ <:: ~ 0 .' j:: ..- - "t a . ~ a 1'1 \ .~i ~ !!'" a: "I ... '-' 0 -I ... I- :) 0 CI) Q: III - u... CI) a ~ o Q. -----'-1"""--""'" '" EXHIBIT C rrID I eei ~ I r, '11 ~ ~ ~. ~J .. or, :,: 0' .. >: .... " I. ;. ~ Co ~ u, a ~!: .. \oj " 'It ., a ~ ~. ... '" ,. '" ." --". ...., , ---. --., ..,...- --.. L ,.(J(J,rr ."" ...... ...-'." '. ~,.._..- ,- \ \ " \ ~" --:.... "1,'" , "..~.- ....~ iil II' E'I~ I I Ill' ~n ~i c i I ~i I~~ I fa. h .~ _ 1!1 il P'i~ ," ....-l ;lb J. kiti ,. j!~ il d~ . DUI' '. II f f r.. I. . il Ld ,.-. . ... U . . o ?- m :E >< w EXHIBIT C ., . i ~ J I ., 1 _ .11' (~ll-I-!J!liiWI/ Ii! ,i~I' .11 l~!ii! I, ;1 i ::,'/:11 · J Jj'l" li · I I lltl It, I J it ~ I II!i ii II I . J I ; I I" I Ii' i' i. i :~i J jhiSi~l~B il I , II ,I : .qi;l 'I Ii .! =1 ii i I I ill - ',,, loa ~ I I II f . 1 1" 1 It! ii, ..,) ~ , Iii. 11 I ;1 . I! ! t::lim. Ii I' !l !II '. ~51: iJ il rl ' !: · f'r'iilHll I! I Iii - 1 I, (IJUt 11 j II I f )')1, al I I I I f::l_~tJ ! i I 1'i ! jr 'ii'Hi' I. Ii i .. ['1'1 ;, . .. I : ~ }t1 J 'jPlill!J II i, II I L ! i' ifi!! !.~ ; i..=t i '.., .. ."", .. i. II II i ; I ~a I I J. _ ~ I 11-1'11' ,,, !' I "l'll: i, I ; i '0 r I .j.J:!.' i: I' I ,II' I I !l:ll Ii I !; i ~ ! 0..: II. II :!'!jllllll! ;,1 I! !! : ! '1 ! li= h ; l~ I II 'If I It Ish;!-l!) ~I hi") i~ I Iii ;1 J~ _ -: ~ ~ t J I't l-ti ~ I J - i I ~ h J III I j; :.!; hll. I ~ I e- ! I >- ''''1 1.161.18:1 Ii li I t' I: i fI j I.. . 0:: 'jlll. jl'l.lj;.1 I I '. !. I "". j!ll';i I I' I , ::> :~i 1~ 1IIl!i!I!!ll;, !; I ;,j ill Iii, _J:.., ~ ,;li il :;lii.!!1 Jii Ai Q ~ (1) ; [0 lJ.J;". $ \ I :!"t;~i::'. o l- )- =2 o 0: - l-' - - a .J a cc 'I: I_- I (/j ".. t- C/) I, , .... 0:: - ...... lJ.. ='~ ..~ ~~. ~ ~ ~ ':. ~~ ~\ ~ .'~, ?- \ I .. .'1 . lr. ;. i I .1 1 J I 'I t j I t i j 1 J ~. 1 I I l I I; 1 J i i i~ I i . j i 11 i! I 1 ,I I -I = i i. 1 h _ 1 i i I n j ) .i & I", j I f ' j f: I ; I J I _I 7Z.::. I I J I . h 'It 1l~~]11 . r ..,& Ii il= I · . l1ill a nil ~ IIh !! . it.. I: ~i J )11 ~ il G1l' =1 '. .1 II 1 'I . Ja!i II Ii! - ill r. Ii' l .ill 'I. . I bf~ ! I, .atH II dDd h! J t ---~---- "--'--." EXHIBIT D DEVELOPER AND CITY COST SUMMARY The following is a summary of developer and City costs for First Addition to Westbury Ponds, The net area of the final plat is 531,277 square feet, DEVELOPER COSTS 6% Administration Fee Trunk Sewer & Water Fee Stormwater Management Fee Collector Street Fee Traffic Signs $ 21,758,82 $ 0.00 $ 89,254,54 $ 18,294.66 $ 200,00 $ 129,508,02 DEVELOPER OWES CITYffOTAL CITY COSTS Sewer & Water Trunk Costs (Trunk Reserve) $ 0,00 Storm Sewer Costs (Trunk Reserve) $ 74,972.00 Trails & Sidewalk Costs (Capital Park Fund) CITY OWES DEVELOPERlrOTAL $ 9,825.00 $ 84,797,00 FmST ADDITION TO WESTBURY PONDS The following is an itemization of the project costs: Sanitary Sewer Watermain Storm Sewer Street TOTAL PROJECT COST $ 86,328,00 $ 61,710,00 $ 90,721,00 $ 123,888,00 $ 362,647,00 "r , T * DEVELOPER COSTS Determine 6% Project Administration Fee: TOTAL CONSTRUCTION COST $ 362,647.00. Developer 6% Administration Fee: 6% of $362,647,00 Determine Amount of Letter of Credit: Project Cost Total 125% ($362,647.00) $ 21,758.82 $ $ 362,647,00 453,308,75 Determine Developer Trunk Sewer and Watermain Fees: First Addition to Westbury Ponds $ 0.00 parcel has been previously assessed under Project 72-7, Determine Developer Stormwater Management Fee: Net lot area is 531,277 sq, ft, .168/sq. ft (531,277) sq, ft. $ 89,254.54 Determine Developer Collector Street Fee: Net lot area is 531,277 sq, ft, $1,500/ac, x 531,277 sq.ft.l43,560 sq,ft.lac, $ 18,294.66 Amount Developer owes for traffic signs 4 signs @ $50/sign $ 200,00 r' ...... "'-"'--'~-.--r----...---" CITY COSTS Storm Sewer Credit Developer's Storm Sewer Cost (From Exhibit A) . $ 90,271.00 Minus Silt Fence Minus Turf Establishment $< 14,199.00> $< 1.100.00> $ 74,972.00 GRAND TOTAL STORM SEWER COSTS Cost of City Park Bitunrlnous Trail and Sidewalk The City of Prior Lake has reviewed the Developer's cost submitted for constructing the trail for this phase and decided that the City will do the grading and install the trail, The City does owe the Developer a credit of $5,100,00 for 300 lineal feet of bituminous trail installed as part of Westbury Ponds, See attached memo from Bill Mangan dated February 10, 1995, The sidewalk along Simpkins Circle from the Westbury Estates development to Willowwood Street is being constructed to complete a pedestrian link to the park in Outlot A of this plat, The City has agreed to pay for this portion of sidewalk construction as follows: (540 L,F,)(5 ft, wide)($1.75/SF) = $ 4,725.00 CITY'S COST OF TRAILS & WALK $ $ $ 5,100,00 4,725.00 9,825,00 Bituminous Trail Credit Sidewalk Cost E.'CHWPD.ENG95 .' ~'.m'__"'_~"~W"" ,..-..... ,.,~,-_..".,.,-~-----....~<,.,_.,..., ,."~.. . ~....._-_._._. ............----... J I "'-'I-'-.-"""._."~ TO: FROM: RE: DATE: . MEMORANDUM PAUL BOETI'CHER. ENGINEERING DEPARTMENT ..If; 111 BILL MANGAN, DffiECTOR OF PARKS AND RECREATION'l WESTBURY PONDS TRAIL PROJECTS FEBRUARY 10, 1995 Paul, I have reviewed the Preliminary Estimate sheet as provided by Steve Harvey from Valley Engineering and I am recommending that the following items be built into the Developer's Agreement for this project: .. 1. The developer will need to be credited $5,100 for 300 lineal feet of bituminous trail installed as part of Phase 1. They were reimbursed for all of the trail that was installed in Phase 1 except for the 300 feet that went beyond Phase 1; 2, Regarding Phase 2, the City of Prior Lake Parks Department will assume the responsibility of constructing the trail for this phase, I feel that the costs are excessive for the length of trail involved and it would be to our advantage to do the grading and hire a contractor to install the trail. As a result, the developer will nQ1 be responsible for trail development in Phase 2, If you need any further clarification, please let me know, Thank you, MEMOI 16200 Eagle Creek Ave., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER ~.. ,.m.....___A.._+"' ..... _.... "~'_. ,', "._., "....___..,.._,~_.+ - m....' , I -'--r--_. EXHIBIT E SPECIAL CONDITIONS 1. 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 light system until the City accepts the project, at which time the billing shall be transferred to the City. 100 or 150 watt high pressure sodium lights in traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions, Where a portion of the development is already lit, new lights shall match in style and wattage those already in place, 2, The Developer will maintain the temporary and permanent sedimentation basins and erosion control until 90% of the lots in the first addition have turf established. Removal of temporary sedimentation basins may be in conjunction with other projects if acceptable to the City Engineer. The Letter of Credit provided shall be retained in an amount sufficient to restore the temporary sedimentation basins, The amount will be determined by the City Engineer. The Developer is responsible for the cleaning of the ponds prior to acceptance by the City. 3. The Developer is responsible for installing all the lot corners by September 1, 1995. All lot corners shall be set and visible on this date. 4. Final Plans and Specifications have not been approved by the City's Engineering Department, Any necessary changes to the Plans and Specifications as determined by the City Engineer will be at the Developer's Cost. EXHWPE.ENG /'""' ,_'-~___"^__,~~,_~_,_____'__"','~"_'_'''''',,*- "_~"'",'_ 'h~'_'__'""""-"'___';'_"'_"~""_ -,...._--~~""_.----_..-.._--'"~ I I .. ... EXHIBIT F POLICY FOR PRIVATE DEVELOPMEN'I' PROJECTS CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING REQUIREMENTS It is the policy of the city of Prior Lake that construction activity for all private development projects within the city shall be inspected by city staff personnel or city engineering consultant firm personnel. The construction inspection fee charged to the private development shall be based upon the fee structure outlined in this policy and the actual engineering services completed ~y the city's Engineering Depart~ent or their ~onsultant's representative. CONSTRUCTION INSPECTION ENGINEERING SERVICES FEE STRUCTURE Private development ~rojects shall be financiall~ responsible for the engineering 1nspection and testing serv~ces of the development to the city. The invoices received by the City from engineering consultants performing inspection or material testing work shall be forNarded to the Developer for payment. The Developer shall have twenty (20) days in which to pay the invoice to the consultant firm from the date of receipt of the invoice by the City of prior Lake. In the event that payment of an invoice is not made wi~~in the twenty (20) da1 period, the City will draw on the Develo~er's letter of cred1t to pay the invoices received from the c~ty's consultants. The cit1 will adjust the letter of credit amount in a wa1 to ma1ntain 25% of the net construction cost plus the rema1ning construction cost of the project as determined by the cit1 Engineer. If city staff is used for construction inspect10n or testing services, ~~e hourly charge shall be as per the rates established by the city's Finance Director. CONSTRUCTION INSPECTION SERVICES The construction inspection services includes the inspecting of public infrastructure construction relating to the development. The construction inspection service shall include: 2. :3 . 4. Inspection of public improvement systems which include grading, sanitary sewer, watermain, storm sewer/ponding, and street s~stems. Grading inspection is for overview of dra~aqe swales and not for detail site qradin~. . . Documentation of construct1on work and all testing of im~rovements. As-bu~lt location dimensions for sanitary sewer, wate~ain, and storm sewer facilities. coordination with testing company for soil and ma~erial testing and actual material testing costs as perfo~ed by City consultants or city staff. 1. >.. - .,^.._."'" ~~,_______~~,,"."_""_,",,_"""_".' .....-'-'---".......-0. .., ..,,~.....__,~_ T I ---,------... ..-..-.._.__.~- . All other construction services are to be provided by the developer's enqineer which include the followinq: 1. 2. 3. 4. s. 6. Construction surveyinq As-built drawinqs of development im~rovements dimensions to sewer and water serv1ces from staff or city consUl~ant) construction quantities Chanqe Orders Construction administration of project construction payment vouchers r-- , . {Tie city EXHIBIT G Bond No. PERFORMANCEnNARRANTYBOND KNOWN BY ALL PERSONS BY THESE PRESENTS, that we (Principal) and (Surety) are held and fmnly bound unto the City of Prior Lake (Obligee), in the amount of dollars ($ ) for payment whereof Principal and Surety jointly and severally bind themselves and their respective heirs, successors, assigns and legal representatives firmly by these presents. WHEREAS, Principal has heretofore deposited with the City of Prior Lake, Letters of Credit to guaranty the completion of payment for and maintenance of the public improvements as set forth in the Developer's Agreement dated between Principal and Obligee for the including, but not limited to, (the Public Improvements); and WHEREAS, the construction of the Public Improvements associated with the First Completion Date was completed on (the First Completion Date) and the Principal has requested the City to reduce the Letters of Credit; and WHEREAS, the Obligee is willing to reduce the Letters of Credit only if they are replaced by a Performance/Warranty Bond in the penal sum of $ to guaranty performance of Principal's obligations as set forth in the Developer's Agreement; NOW, THEREFORE, if the Principal shall for and within the period of 12 months from and after the Final Completion Date as described in the Developer's Agreement; (1) maintain the Public Improvements, (2) repair any damage to the Public Improvements caused by the Principal, its agents, servants, employees, successors or assigns, or any subcontractor hired by such contractor, (3) repair or replace any defective workmanship or material in the Public Improvements, and (4) make good and protect the Obligee against the results of any defective workmanship or materials appearing to have been incorporated in any part of the Public Improvements which shall have appeared or been discovered within 12 months after the Final Completion Date, and cover all obligations including attorney fees, administrative costs, and all Developer obligations for payment of contractors, subcontractors and suppliers/materialmen as required by the Developer's Agreement, then this obligation shall be null and void; otherwise, to remain in full force and effect. r .' ,.,._._,~~_._-~."-"'~---.._~".._--"'_.,._,-~..~'-_.._-_. T . ~----_._-_._~ For purposes of this PerformancelWarranty Bond, Principal and Surety agree that in the event that any Public Improvements are damaged, the burden shall be on the Principal to show that such damage was not caused by Principal, its agents, servants, employees, successors or assigns or by any contractor hired by Principal, its agents, servants, employees, successors or assigns, or any subcontractor hired by such contractor; Any suit under this Bond must be instituted before the expiration date of two (2) years after the Completion Date; No right of action shall accrue under this Bond to or for the use of any person or corporation other than the Obligee, its successors or legal representatives, Any notice required hereunder shall be deemed properly served when deposited in the D,S, Mail, certified, postage prepaid, addressed to any party at its address hereinafter set forth. SIGNED, SEALED AND DATED this day of 19_, In the presence of: Principal By: Surety By: Attorney-in-Fact BOND.ENG ,- y . ~-_.--,-.--....-"_._..<--_.~.~._-_...,.