HomeMy WebLinkAbout4K - Cardinal Ridge 4th
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
4K
R. Michael Leek, Associate Planner
Consider Adoption of Resolution 96-51 Approving the
Final Plat of Cardinal Ridge 4th Addition and Developer's
Agreement.
May 20, 1996
The purpose of this agenda item is to consider adoption of
Resolution 96-51 approving the final plat and developer's
agreement for Cardinal Ridge 4th Addition. The developer's
agreement is attached. The final plat was reviewed in
accordance with the approved Schematic PUD Plan and
preliminary plat and Sections 6-5-1 and 6-7-1 through 6-7-17 of
the Subdivision Ordinance.
The principal requirements for final plat approval include a
signed developer's agreement. The Schematic and
Preliminary PUD and the preliminary plat of Cardinal Ridge
were approved by the City Council on June 7, 1993. See
attached City Council minutes dated June 7 for reference.
The conditions placed upon the preliminary plat have been
satisfied or will be accounted for in the developer's agreement
and Resolution 96-51 approving the final plat.
The developer shall comply with the park dedication and
contribution requirements as defined in the City Code. The
park dedication for the plat shall be fulfilled through the
following:
A. The Park Dedication for the plat will include the land which
is identified as Outlots A and C on Exhibit C of the Developer's
Agreement.
B. The developer further agrees to grade the trail which
extends from Cardinal Ridge Trail to Victoria Curve. The
developer also agrees to grade the parking lot which is located
on Outlot A of Cardinal Ridge 4th Addition in between Lot 11 of
Block 2 of Cardinal Ridge 3rd Addition and Lot 1 of Block 4 of
Cardinal Ridge 4th Addition.
The developer also agrees to provide berming and planting of
coniferous trees along the outside edges of the parking lot
CR4TI1CC.DOC 1
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-51
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL PLAT OF
"CARDINAL RIDGE 4TH ADDITION" AND DEVELOPER'S AGREEMENT AND SETTING
FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY: SECOND BY:
WHEREAS: the City Council held a hearing on and approved, subject to conditions identified in the meeting
minutes, the Schematic and Preliminary PUD and the preliminary plat of Cardinal Ridge on June
7, 1993; and
WHEREAS: the City Council has found that the final plat of "Cardinal Ridge 4th Addition" is in substantial
compliance with the approved Schematic and Preliminary PUD and preliminary plat; and
WHEREAS: The City Council has approved the fmal plat of "Cardinal Ridge 4th Addition".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that it should and hereby does require the following conditions to be met,
prior to release of, and recording of said plat:
1. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the fmal plat mylars.
3. Reductions of the entire fmal plat be submitted, to the following scales: I" = 800'; I" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures be submitted.
5. The developer provide financial security, acceptable to the City Engineer.
6. The final plat and all pertinent documents must be filed with Scott County within 60 days from the date of
final plat approval. Failure to record the documents by July 19, 1996, will render the fmal plat null and
void.
Passed and adopted this 20th day of May, 1996.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{Seal}
RES9651.DOC
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as ofthe.2ilih day of May 192,6, by and
between the City of Prior Lake, a municipal corporation organized under the laws of the State of
Minnesota and Sienna Corporation, 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 legally described in Exhibit C, 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 Cardinal
Ridge 4th Addition 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.
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429, and
462, the COUNCIL has agreed to approve the PLAT and DEVELOPMENT PLANS, and
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.
A. Definitions
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, Sienna Corporation, 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.Jill (1250/0 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.
g. "City Finance Director" means the City Finance Director of the City of Prior Lake.
h. "Cost of Developer Improvements" means the cost of Developer Improvements as
estimated by and in the sole discretion of the City Engineer shown on Exhibit A.
1. "Developer" means Sienna Corporation, 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, erosion control improvements, 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 the 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; (v) failure to correct any warranty deficiencies; (vi) failure by
Developer to timely pay all contractors, subcontractors and material suppliers for the
Development Financed and Installed Improvements; (vii) failure by Developer to
reimburse City for any costs increased by City in connection with this Agreement,
including the enforcement thereof; including, but not limited to engineering fees,
inspection and testing fees, attorney fees and other professional fees; (viii) if the term of
the Irrevocable Letter of Credit and/or the Payment Bond, the Performance Bond or the
Warranty Bond will expire prior to the expiration of the Warranty Period, the failure by
Developer to renew the Irrevocable Letter of Credit and/or renew the Performance Bond
or the Warranty Bond at least forty -five (45) days prior to its expiration.
l. "First Completion Date" means
November 30. 1996.
m. "Second Completion Date" means
July 15 1997.
o. "Irrevocable Letter of Credit" means an irrevocable letter of credit in the amount of
$359 131 00 (1250/0 of Cost of Improvements) in the form of Exhibit B.
o. "Including" means including, but not limited to.
p. "Performance Bond or Warranty Bond" means a Performance Bond or Warranty
Bond provided by the Developer during the Warranty Period in the form of Exhibit F in
an amount as specified by the City Engineer.
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q. "Permanent Street Improvements" means permanent street surfacing in accordance
with the policies and ordinances of the City.
r. "Plat" means the plat of Cardinal Ridge 4th Addition comprising the real property
located in Prior Lake, Scott County, Minnesota and legally described on the attached
Exhibit C.
s. "Policy for Private Development Projects" means the Policy for Private Development
Projects adopted by the City Council.
1. "Property" means the real property, together with improvements, if any, described in
Exhibit C.
u. "Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the Minnesota State Board of Registration for Architects, Engineers,
and Land Surveyors.
v. "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.
w. "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.
x. "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.
y. "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.
z. "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.
aa. "Unavoidable Delay" means Acts of God, casualties, war, civil commotion, embargo,
riots, utilities, energy or fuels, 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.
bb. "Construction Inspection of Developer Projects" means the inspection of Developer's
Installed and Financed Improvements by the City Engineer or his designee; including
any Consultant Engineers hired by the City, the costs of which are to be either
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reimbursed to the City by the Developer or at the election of the City paid directly to
consultant by the Developer. The costs of inspection of grading and erosion control
improvements by the City or by the City's Consultant Engineers are to be reimbursed
also by the Developer.
cc. "Utility Companies" means and includes, jointly and severally, the following:
1. railroad companies
2. utility companies, including electric gas, telephone, and cable
3. pipeline companies.
dd. "Prior Easement Holders" means and includes, jointly and severally, all holders of any
easements or other property interests which existed prior to the grant or dedication of
any public easements transferred by the PLA T or transferred pursuant to this
CONTRACT FOR DEVELOPMENT.
ee. "Developer Public Improvements" means and includes, jointly and severally, all the
improvements identified and checked on the attached Exhibit G that are further labeled
"public". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be
constructed by the DEVELOPER within public right-of-way and which are to be
approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVENIENTS
are part of DEVELOPER IMPROVEwlENTS.
B. Interpretation
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.
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 as if
fully set forth herein.
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 - Performance/W arranty Bond
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Exhibit G - Developer Improvements and Completion Dates
Exhibit H - Residential Street Lighting Policy
2. DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS
2.1 General Provisions
a. Developer shall construct and install, at Developer's expense (except as hereinafter provided), the
Developer Installed and Financed Improvements, in accordance with the terms of this Agreement, the
policies and ordinances of the City, as the 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 approval, and shall timely pay all contractors, subcontractors, and
suppliers/materialmen for the Developer Improvements.
b. The plans, specifications, drawings and related documents shall be prepared by a Registered
Professional Engineer subject to review and written approval by City Engineer.
c. 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.
d. Prior to construction of the Developer Installed and Financed Improvements, Developer shall provide
an executed copy of any contract entered into by Developer with a third party for the installation of the
Developer Installed and Financed Improvements.
e. On or before the date hereof, Developer shall pay to the City a fee equal to 60/0 of the
estimated developer project cost as determined by the City Engineer to cover the costs of City
in preparing and administering this Agreement.
f. On or before the date hereof, Developer shall furnish to the City, at the sole option of the
City, the Irrevocable Letter of Credit or Cash Escrow Deposit.
g. Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary Sewer
Improvements and Watermain Improvements shall be completed by the First Completion
Date. Permanent Street Improvements, Trailway/Sidewalk Improvements, Landscaping
Improvements, 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 unless caused by an
unavoidable delay consented to by the City in its sole discretion will cause the Irrevocable
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.
2.2 Inspection Services
The City, either utilizing the City's Engineering Department Personnel, the City's Consultant
Engineering Personnel, Consultant Testing Services, and City Attorney Services shall inspect the
5
Developer Installed Improvements in accordance with the policy for private development
projects adopted by the City. Inspection services by the City shall include:
1. Inspection of public improvement systems which include grading, sanitary sewer,
watermain, storm sewer/ponding and street system
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain, and storm sewer facilities.
4. Coordination with testing company for soil and material testing and actual material
testing costs as performed by City consultants or City staff.
All construction inspection service charges for City Engineering personnel, City Consulting
Engineering personnel fees, Consultant Testing Services, and City Attorney Services shall be
paid by the Developer to the City or as directed by the City to City's Consultant within twenty
(20) days from the date of Developer's receipt of invoices for such services 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 without further notice to draw down on
the Irrevocable Letter of Credit in the full amount of said invoices, at the sole and absolute
discretion of the City.
In the event the Irrevocable Letter of Credit is insufficient to reimburse the City for such
inspection service charges, then the City shall have the right to deny building permits or
occupancy permits to the Property or any portion thereof until such time as said charges have
been paid in full or the amount of the Irrevocable Letter of Credit has been increased to at least
the amount of such inspection service charges together with the sums necessary to secure the
Developer's guaranty.
2.3 Developer Services
The Developer or its Consulting Engineer shall be responsible for providing all other
construction services including, but not limited to:
a.. Construction surveying.
b. As-built drawings of development improvements including grading plans. (Tie
dimensions to sewer and water services from City staff 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
6
compliance with the approved plans and specifications. The personnel performing the
testing shall be certified by the Minnesota Department of Transportation or have
equivalent certification. The City Engineer may require additional testing if in his
opinion adequate testing is not being performed. The cost of additional testing is to be
paid by the Developer.
2.4 Street Signs
The DEVELOPER shall be financially responsible for the installation of street identification
signs and non-mechanical and non-electrical traffic control signs. Street signs will be in
conformance with the names as indicated on the PLAT and pursuant to CITY standards. The
actual number and location of signs to be installed shall be determined by the CITY and actual
installation shall be performed by CITY authorized personnel.
2.5 Boulevard and Area Restoration
The DEVELOPER shall seed or lay cultured sod in all boulevards within 30 days of the
completion of street related improvements and restore all other areas disturbed by the
development grading operation in accordance with the approved erosion control plan, over the
entire PLAT. Upon request of the City Engineer, the DEVELOPER shall remove the silt fences
after grading and construction have occurred.
2.6 Subdivision Monuments
The DEVELOPER shall install all subdivision monumentation within one year from the date of
recording the PLAT, or the monumentation shall be installed on a per lot basis at the time the
building permit for the subject lot is issued, whichever occurs first. At the end of the one year
period from recording of this CONTRACT FOR DEVELOPMENT, 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.
2.7 Occupancv
No occupancy of any building in the PLAT shall occur until water and sanitary sewer
improvements have been installed and the streets have been adequately graded and the gravel
sub-base course of bituminous have been constructed and said improvements have been
inspected and approved by the CITY and are determined by the CITY to be available for use.
2.8 Driveways
The DEVELOPER at its expense shall construct concrete or bituminous surface driveway
approach areas for each lot in accordance with CITY approved standards.
2.9 Vegetation
The DEVELOPER shall comply with CITY ordinances and policies related to preservation of
vegetation and trees and specifically shall exercise reasonable efforts in residential areas to save
mature, undiseased trees and vegetation on the subject land which do not have to be removed for
reasonable installation of buildings, streets, sidewalks, utilities or drainage improvements,
7
construction activities related thereto, or site grading. Prior to any excavation, the DEVELOPER
shall mark trees and protect such trees by snow fences or other suitable enclosures. All diseased
trees shall be removed according to CITY ordinance requirements.
2.10 Erosion Control
a. The DEVELOPER shall provide and follow a plan for erosion control and pond
maintenance in accordance with the Best Management Practices (BMP) as delineated in
the Minnesota Pollution Control Agency's Handbook titled "Water Quality in Urban
Areas". Such plan shall be detailed in the APPROVED FINAL PLANS and shall be
subject to approval of the CITY. The DEVELOPER shall install and maintain such
erosion control structures as necessary under the APPROVED FINAL PLANS or
become necessary subsequent thereto.
b. As required by the CITY, the DEVELOPER shall be responsible for all damage caused
as the result of grading and excavation within the development including, but not limited
to, restoration of existing control structures and clean-up of public right-of-way, until all
lots are final graded and improvements are completed. The erosion control plan shall
provide that the DEVELOPER shall re-seed or sod any disturbed areas in accordance
with the APPROVED FINAL PLANS. The DEVELOPER shall provide the required
wet storage volume in the water quality treatment ponds at the time of acceptance of the
Developer Installed and Financed Improvements by the CITY.
c. After NOTICE to the DEVELOPER, the CITY reserves the right to perform any
necessary erosion control or restoration as required. If these requirements are not
complied with after NOTICE by the CITY, and if not cured by the DEVELOPER within
forty-eight (48) hours after NOTICE, the DEVELOPER shall be financially responsible
to the CITY for payment of this extra work. If after NOTICE the CITY performs any
necessary erosion control or restoration work it shall, without further notice, as described
in Section 16, be entitled to draw on the IRREVOCABLE LETTER OF CREDIT.
2.11 Access
The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a
non-revocable license to enter the PLAT during the installation of CITY HvlPROVEMENTS and
DEVELOPER IrvfPROVEMENTS to perform all work and inspections deemed appropriate by
the CITY.
3. DEVELOPER REPRESENT A TIONS
3.1 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 DEVELOPER INSTALLED AND FINANCED IMPROVElVIENTS. DEVELOPER
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represents and warrants that the DEVELOPER INSTALLED AND FINANCED
IMPROVEMENTS will conform to all laws, regulations and ordinances of all local, state and
federal government authorities.
3.2 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 obligation or agreement on the part of
DEVELOPER herein contained, DEVELOPER agrees that it shall, on demand thereof, 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 or
agents.
4. OVERSIZING
CITY and DEVELOPER agree that the DEVELOPER INSTALLED AND FINANCED
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
$0.00 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
Trunk Storm Sewer (single-family)
Collector Street Fee
$3,500.00/net acre
$ 0.168/net sq. ft.
$1 ,500.00/net acre
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 for 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. The cost of the oversizing, as estimated by or on behalf of CITY, is binding upon
CITY and DEVELOPER.
5. INSURANCE
5.1 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:
a. 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.
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b. Workers compensation insurance, with statutory coverage.
c. Such other insurance in such amounts as is customarily carried by like organizations
engaged in like activities of comparable size and liability exposure.
5.2 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 INSTALLED AND FINANCED 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.
5.3 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 l\tIAINTENANCE DURING CONSTRUCTION
DEVELOPER shall be responsible for all street maintenance until the DEVELOPER
INSTALLED AND FINANCED IMPROVEMENTS are accepted by the CITY. 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.
DEVELOPER shall be responsible for keeping streets within and without 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. ESCROW REQUIREI\'lENT
7.1 Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an Irrevocable
Letter of Credit or, in the sole election of the City, a cash deposit for the amount stated in Exhibit
D. The DEVELOPER shall submit to the City the Irrevocable Letter of Credit one week prior to
the City Council meeting scheduled for final PLAT approval.
7.2
a.
All cost estimates in Exhibit D shall be acceptable to the City Engineer. The total
escrow amount was calculated based on the Developer's costs shown on the attached
Exhibit D. The bank and form of the Irrevocable Letter of Credit, or cash deposit shall
be subject to approval by the City Finance Director and City Attorney and shall continue
to be in full force and effect until released by the CITY. The Irrevocable Letter of Credit
shall be for a term ending July 15 1998.
b. In the alternative, the Irrevocable Letter of Credit may be for one year terms provided it
is automatically renewable for successive one year periods from the present or any future
10
expiration dates with a final expiration date of July 15. 1998' and, further provided that
the Irrevocable Letter of Credit states that at least sixty (60) days prior to the expiration
date the bank will notify the City that if the bank elects not to renew for an additional
period.
7.3 The Irrevocable Letter of Credit shall secure compliance by the DEVELOPER with the terms of
this CONTRACT FOR DEVELOPMENT; including but not limited to any and all conditions of
approval in Resolution 96-51 approving the final PLAT. In the EVENT OF DEFAULT, the
CITY, after NOTICE as provided for in Section 10, may draw on the Irrevocable Letter of Credit
or cash deposit.
8. ACCEPTANCE OF PLAT AND DEVELOPER INSTALLED AND FINANCED
IMPROVEMENTS
CITY will accept the PLAT and DEVELOPER INSTALLED AND FINANCED
IMPROVEMENTS after it has been completed in accordance with the provisions of this
Agreement and based on the terms and conditions set forth in Resolution 96-51 approving the
final PLAT, the policies and ordinances of the CITY, and all local, state and Federal laws and
regulations. DEVELOPER shall furnish certificates of completion for the completed
DEVELOPER INSTALLED AND FINANCED IMPROVEivlENTS 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 DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS
by the City Engineer, DEVELOPER shall furnish to CITY an Irrevocable Letter of Credit
guaranteeing satisfactory performance of the DEVELOPER INSTALLED AND FINANCED
IMPROVEMENTS in an amount equal to 25010 of the original cost next to THE DEVELOPER
INSTALLED AND FINANCED IMPROVEMENTS. The 250/0 Letter of Credit guarantee
amount can be reduced upon the following conditions:
A. Irrevocable Letter of Credit-First Completion Date. The IRREVOCABLE LETTER
OF CREDIT guaranteeing satisfactory performance of the DEVELOPER INSTALLED
AND FINANCED IMPROVENIENTS can be reduced to 50/0 of the original cost of the
DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS to be completed by
the First Completion Date plus 125% of the original cost of DEVELOPER INSTALLED
AND FINANCED 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 Bond or
a Warranty Bond from the Developer and its contractors in an amount equal to the cost
of the DEVELOPER INSTALLED AND FINANCED HvlPROVEMENTS 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. Irrevocable Letter of Credit-Second Completion Date. The Irrevocable Letter of
Credit guaranteeing satisfactory performance of the DEVELOPER INSTALLED AND
FINANCED IMPROVEMENTS can be reduced to 50/0 of the original cost of the
DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS after acceptance of
all DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS by the City
Engineer in writing and by providing the CITY a Performance Bond or a Warranty Bond
from the DEVELOPER and its contractors in an amount equal to the original cost of the
II
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. All punch list items related to the Second Completion Date must be
completed before a reduction in security will be considered. The Warranty Period shall
begin effective the date that the City Engineer accepts all of the completed
DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS, in writing,
including the mylar "as-built" reproducibles for all phases of construction included in
this Agreement.
C. Warranty on Proper Work and Materials. The DEVELOPER warrants all work
required to be performed by it under this CONTRACT FOR DEVELOPMENT against
defective material and faulty workmanship for a period of one (1) year after its
completion and acceptance by the CITY ("Warranty Period"). The DEVELOPER shall
be solely responsible for all costs of performing repair work required by the CITY within
thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive,
of good quality, and disease free for one (1) year from the time of planting, any
replacements shall be similarly warranted for one year from the time of planting.
D. Faithful Performance of Construction Contracts. The DEVELOPER shall fully and
faithfully comply with all terms of any and all contracts entered into by the
DEVELOPER for the installation and construction of all of the DEVELOPER
INSTALLED AND FINANCED IMPROVEMENTS; and the DEVELOPER shall obtain
lien waivers on all DEVELOPER INSTALLED AND FINANCED INIPROVENIENTS.
9. RELEASE. HOLD HARMLESS
DEVELOPER releases from and covenants and agrees that CITY, its City Council, officers,
agents, servants and employees thereof (hereinafter for purposes of this paragraph, the
"indemnified parties") shall not be liable for and agrees to indemnify and hold harmless the
indemnified parties against any loss or damage to property or any inj ury to or death of any
person occurring at or about or resulting from any defect in the Property or DEVELOPER
INSTALLED AND FINANCED IMPROVEMENTS.
10. EVENT OF DEFAULT
10.1 Whenever an Event of Default occurs, the CITY after providing Developer NOTICE, as required
in Section 16, may take anyone or more of the following actions, unless a specific NOTICE
period is otherwise provided for by another Section of this Agreement.
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 or all of the guaranties including
but not limited to the Cash Escrow Deposit and/or Irrevocable Letter of Credit, the
Payment Bond, the Performance Bond or the Warranty Bond provided to CITY pursuant
to any of the terms of this Agreement.
12
d. CITY may take whatever action, including legal or administrative action, which may be
necessary or desirable to CITY to collect any payments due under this Agreement or to
enforce performance and/or observance of any obligation, agreement or covenant of
Developer under this Agreement.
e. CITY may suspend issuance of Building Permits and/or Occupancy Permits on
Developer's lots.
f. CITY may draw upon the Irrevocable Letter of Credit if CITY receives Notice that the
bank elects not to renew the Irrevocable Letter of Credit.
10.2 None of the actions set forth in this Section are exclusive or otherwise limit the CITY in any
manner.
11. NON-DISCRIMINATION
The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title I 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. Notwithstanding the foregoing, contractor
specifically indemnifies and holds harmless the CITY against claims by third parties brought to
enforce the provisions of this Section.
12. ASSIGNMENT
12.1 DEVELOPER represents and agrees for itself, 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 Contract for Development Agreement or in Developer without the prior
written approval of the CITY.
12.2 The DEVELOPER may not transfer or assign this CONTRACT FOR DEVELOPlVlENT without
the prior written permission of the COUNCIL. The DEVELOPER's obligations 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.
13. PARK DEDICATION AND CONTRIBUTION
13.1 The DEVELOPER shall comply with the park dedication and contribution requirements as
defined in the City Code. The park dedication for the PLAT shall be fulfilled through the
following:
A. The Park Dedication for the plat will include the land which is identified as Outlots A and C
, on Exhibit C.
B. The DEVELOPER further agrees to grade the trail which extends from Cardinal Ridge Trail
to Victoria Curve. The DEVELOPER also agrees to grade the parking lot which is located
on Outlot A of Cardinal Ridge 4th Addition in between Lot 11 of Block 2 of Cardinal Ridge
3rd Addition and Lot 1 of Block 4 of Cardinal Ridge 4th Addition.
13
C. The DEVELOPER also agrees to provide berming and planting of coniferous trees along the
outside edges of the parking lot located on Outlot A.
The City will provide the DEVELOPER with parking lot and trail design and location.
13.2 The Park Dedication and Contribution shall be paid and fulfilled by the DEVELOPER
contemporaneously with the execution of this CONTRACT FOR DEVELOPMENT.
14. PERMITS
14.1 The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY, the
Other Regulatory Agencies, the Utility Companies and the Prior Easement Holders (collectively
"entities"). If any of the entities require a change to the DEVELOPMENT PLANS submitted for
review, approval or permitting such changes shall be deemed by the CITY to be incorporated
into the DEVELOPMENT PLANS unless otherwise agreed to by the CITY.
14.2 All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties
levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions
of such approvals, permits and licenses, shall be paid by the DEVELOPER.
14.3 The DEVELOPER's shall defend and hold the CITY harmless from any action initiated by the
Other Regulatory Agencies, the Utility Companies and the Prior Easement Holders resulting
from such failures of the DEVELOPER.
15. RECORDING
15.1 This CONTRACT FOR DEVELOPMENT shall be recorded by DEVELOPER within thirty (30)
days from approval of the Resolution approving Final PLAT, and all terms and conditions of this
Agreement shall run with the land herein described, and shall be binding upon the heirs,
successors, administrators and assigns of the DEVELOPER. The DEVELOPER shall provide
and execute any and all documents necessary to implement the recording.
15.2 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 property within the PLAT 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.
15.3 All recording fees, if any, shall be paid by the DEVELOPER.
16. NOTICE
16.1 Whenever this Agreement requires or permits that NOTICE be given or served by one party to
another party to this Agreement 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 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:
14
If to City:
City Engineer
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
Phone: 447-4230
With a copy to:
Suesan Lea Pace
Campbell, Knutson, Scott and Fuchs, P .A.
1380 Corporate Center Curve, Suite 317
Eagan, MN 55121
Phone: 452-5000
If to Developer:
Jim Johnston
Sienna Corporation
4940 Viking Drive
Minneapolis, MN 55435
Phone: 835-2808
16.2 Unless otherwise provided in this Agreement the Notice period shall be fifteen (15) calendar
days.
16.3 Where this Agreement or any prOVISIOn hereof makes the time of performance subject to
Unavoidable Delay, the time or times for such performance shall be extended for the period of
such Unavoidable Delay, provided, that the party seeking the benefit of the provisions of this
section shall, within five (5) days after the beginning of any such Unavoidable Delay, havy 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. Any extension granted hereunder shall be in writing.
17. MODIFICATIONS OR AJVIENDMENTS
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.
18. PROOF OF TITLE
18.1 DEVELOPER shall furnish a title opinion or title insurance commitment addressed to the CITY
demonstrating that DEVELOPER is the fee owner or has a legal right to become fee owner of the
Property upon exercise of certain rights and to enter upon the same for the purpose of developing
the property. DEVELOPER agrees that in the event DEVELOPER's ownership in the Property
should change in any fashion, except for the normal process of selling or conveying lots, prior to
the completion of the Project and the fulfillment of the requirements of this Agreement,
DEVELOPER shall forthwith notify the CITY of such change in ownership. (Any change in
ownership shall not release DEVELOPER from any of its obligations under this Agreement,
unless or until the CITY has approved transfer of this Agreement and then only to the extent
agreed to by the CITY.)
19. WAIVER
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
15
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.
20. HEADINGS
Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be
considered a part of the text of this Agreement, and shall not influence its construction.
21. SEVERABILITY
In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof, and the remaining provisions shall not in any way be affected or
impaired thereby.
22. COUNTERPARTS
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument.
23. CONSTRUCTION
This Agreement shall be construed in accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, City and Developer have caused this Agreement to be duly executed on
the day and year first above written.
By
(City Attorney)
By ;;::/rION
Its resident: B G. }IiffiffieF
.1 J~, ~" HAt1~J V7~t7n
Vile-
Approved by the City Council on the 20th day of May, 1996.
APPROVED AS TO FORM:
CITY OF PRIOR LAKE:
By
Its Mayor
By
Its City Manager
[This Agreement must be signed by all parties having an interest in the Property.]
This instrument prepared by:
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
16
, ...~",.__~__~,..,..~_......~."_~~_><T"''''"_'~'_~~'_'-''-''''''__~'''''_''_,"~___..............".....................;___"__....."_,...,,."..#~~.~..,.,^,,~"''''''_,,~''_;' _"._"-",,,_~_,'-',^-~"--'--_..-,,-"
NOTE TO DEVELOPERS:
Any costs whether a bid or estimate, as set forth in the CONTRACT FOR DEVELOPMENT are
fixed. There is no reimbursement to the City by the Developer for cost under runs or to the
Developer by the City for cost over runs.
,
Develope{ S;C('\ V\a. CD rpOl'tLffn1
~l/h/~
1 ts President
.^
~/JO!
City of Prior Lake:
Frank Boyles, City Manager
Lydia Andren, Mayor
CRDRDG4DOC
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 ~~ 1 }.- J
H-e~ )'\ e p, )'\
The foregoing instrument was acknowledged before me this
, 1996, by ... / On;1 Hc,nl:..ln ~ C'Y1.. and by
\ J t c:..e f) f (!. <:. i rl t' .. 't 1--- and
. ,
Minnesota Corporation, on behalf of said corporation.
I ~ay of Jt, 1P<-J ·
, who ~he _
of Sienna Corporation a
f. ·
, JAMES W. JOHNSTON
6 NOTARY PUBLIC - MINNESOTA i
~ CARVER COUNTY
..uuu~~~m. ExpireeJan. 31, 2000
................ -. ..-~..~....:-. ..~~.. ...........,.
CRDRDG4.DOC
5/09/96
lTEIt
8" P;if:
SDP.35 8illR
~'.12'
MAY 13 196 09:23 SIENNA CORP
PROJECT NAnt:
( ~OJ)tl... (). ro~€ l(-t-\
fl./tN o-,-no? $-\4 - C"feo
~~.N;) . .'{ - 3tJ ~ b
5ANITA(t~ SC:WER
9UANTITY ~EAS UNIT PRIC~
TOTAL
----- -----~------ --------~-----
1,2iS.5~ LF
15.64
18,852.23
811 pvc
SDF.~5 SWR
11 J 481. 31
12'-14'
647.02 LF
17.74
1,183.55
811 p1iC
S~R35 SiP.
H'-lb'
71.~~ LF
ZH.59
srD SAN
MANHOLES
@'-E'
11.28 EA
1,L11.42
12,225.67
HAMHOLE
D=FTH
avE~ g'
4a.~9 LF
81.34
3.,911.81
9:lH~ Pile
SERIJ1!:E
WYE
38.0~ EA
59.2ij
2,252.75
4" ?VC
5DR26 S;JR
SERVICE
1,393.0e LF
8.12
UJ306.28
4. P:iC
SDP.26
Sf?)' R I SEP:
14.50 IJF
11. 27
163.~b
CONNECT
Hi E1IsnN
e
2.~~ EA
a4il.~e
1,68e.B~
BEDDING
MATERIAL
1Ja5a.~~
H~tLI10 TN
12.52
TELE~I5E
SEWER LINE
1.990.21
1,1,5.00 LF
L~~
S~CT!QN TOTAL
sue-iOTAl K ; , 6b,J'6.66
t.~tZl1iii!~iiIJtlill!i***~:IJii4~i.**4:IJiijii*~'.:lliit~i
W ATt::.R.M /tIN
ea D!P !.002.3a Lf 19.77 19Jel1.a4
CL52
iliAERHA!N
j'"'j ~"
---..
18,~17.~1
61: DIP
wATER"AIN
1.1 ~C'i. k'0 LF
16.97
P.5/9
faijE 1
EXHIBIT A
IICEJJIj) i1AY 1 3 lS98
5a9/96
MRY 13 ~96 09:24 SIENNR CORP
FROJECT ~A"E: Ct.2... r d i V\ Cl \
R ,-J3e
rr:M QUANTITY
H'iDRANT
itiJ6ATE
VALVE
MEAS U~!T PRICE TOTAL
----- ------------ -----------~--
3.g0 EA
lt783.95
5,3~1.S5
SALVAGE i
IN3TALL
HY~
2.ae EA
1,~~0.~~
2,lae.a0
811 eAr::
VALVES it
BOZES
2.90 EA
55~.23
iJ100.4il
till Sfl.TE
vAL \'Es &:
BOXES
1.~0 E"
~\1B. ~~
418.95
'.:HTINSS
2, 331. 57
1,g66.0~ lB
1.25
CDP.?ORAT10
N COCKS
22.~~ EA
52.5il
1,155.~0
I" CORPS
WiSADDLES
! .131. 9E
16.90 EA
7~,75
111 CUF,S
SlOPS &
alj~E=
3e.~0 Eli
99.59
3~7S~.jl
1" ~
COFPER
SERVICE
1,393.0ft LF
3.14
E , 3~~ . ~4
CONNECT
TO EX 1ST
63E.8!d
2.il0 :A
31~.a9
~EDD rNG
MATERIAL
1,e;~.~0
!B!!. ~0 TN
ii~ . 5~
SECTION TOTAL
SUB-TOTAL H ~ i 6~.018.3b
IlittIIIJiilit~i~(:JI~~i"IIJI'~~~t~~litl
12~ ~CP c16.~0 LF 23.33 14J!71.~0
STM SEWER
CL5
Lall RCP
5TH SEWER
CL5
1Za.i~ LF
26,]3
~.2~7.~6
43" DtH
~!.l~p
/'tANHGL:
L ~3 EA
Zs41~.ai
2,41S.!!!il
P.6/9
41M
Pa\jEJ 2
EXHIBIT A
RECEIVED MAY 1 3 lJlSQ
MRY 13 '96 09:24 SIENNR CORP
PROJECT N~:;E; Ca.. rd \ Y\~ \
P.7/9
5/~9/96
f\ ~ d~ e
4 Tt\
Page
7'
,j
ITE~
QUANTITY
MEAS UNIT PRICE TOTAL
~8~ DIA
STORM
~ANHOLE
S.,,~ EA
1)294.20
6)47\L99
EXHIBIT A
STD CATCH
BHS1~S
1."0 Eft 947.1~ 947 Il~
1.00 Eft 668.85 668.85 Ii m",t IE J J}; ]
f.t . 'I ... ~ 11] 12 a
::-\ . - './I "",,,A
La~ EA 262.50 2b2,~~
1311 AFRON
WIrS
CDNNEcr
TO EXI5THi
G
CL3 RIP
nHr
;i/BLANKET
10.Jt1 CY
52 . 5~
525.~e
MOBrLE~T!
0-1
I;
1.00 LS
1,5:5,0~
1,515.~0
SECTION ruTAL
SU2-TOTAL I ~ $ 39,~~4.30
llt~*tllllilii*;ttllllli'*;*;tJJls.l.*i:lit!.i~*~~;;:!t!lll
PROJECT Tar~l
, 16e!85~.34
MAY 13 '96 09:24 SIENNA CORP P.8/9
CARDINAL RIDGE 4TH ADDITION
5/09/96 PRIOR LAKE, "N Page 1
STREETS
StRf.ST CONSfftl\.CTloN INCLtADING SIDEWALK
ITEM QUANTITY HEAS UNIT PRICE TOTAL
---------- -------- _____ w___________ ______________
SU8GRADE 7,93'.00SY .35 2.777.60 EXHIBIT A
PREP
CLASS 5 7,936.00SY 2.80 22,220.80
6' (looteR
USHED)
2331 BIT 6J404.00 SY 3.40 21,773.60
BASE, 318
2.5
"NOOT 6,404.00 SY .08 512.32 lET! ~ m .., ~ 0:-=-.-,; .: . ~ ) 1 ,~.~-l
. ~( u.; ~ ~f :.~.. .J
2357 TACK
COAT
2331 BIT 6.404.00 SY 2.28 14,601.12
WEAR, 41A
1 112'
SURMOUNT 3,796.00 LF a.50 24,674.00
cONe.
CURB i GUT
8-618 139.00 IF 10.00 1,390.00
CONe.
CURS &
CONCRETE 142.00 Lf 15.00 2,130.00
VALLEY
GUTTER
ADJUST 4.00 fA 70.00 280.00
CATCH
8ASINS
ADJUST 3.00 fA 192.50 577 .50
GATE
VALVES
ADJUST 10.00 EA 250.00 2,500.00
MANHOLES
5'WIDE BY 1,345.00 LF 16.50 22.192.50
4A
SIDEWALK
SILT 3,856.00 LF 1.25 4,820.00
fENCE 8EHI
NO CURB
REl10VE & 2.00 EA 330.00 660.00
SALVAGE
8ARRICAO
MAY 13 '96 09:25 SIENNA CORP
CAROIN~L RIDGE 4TH AOOITION
5/09/96 PRIOR LAKE, HN
STREETS
P.9/9
Page 2
HE"
QUANTITY
"EAS UNIT PRICE TOTAL
---------- --~--.--
----- ----..------ --------------
SAU CUT
5&.00 LF
3.50
196.00
EXHIBIT A
PEDESTRIAN
RAMP
1. 00 fA
140.00
140 .00
PROJECT TOTAL
S 121,.45.44
II I ~ ~ Z '1 i:J t1AY 1 3 lBS8
EXHIBIT B
No.
DATE:
TO:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
We open Irrevocable Standby Letter of Credit No.
(Spell out dollar amount 00/11 USDLRS)
in the amount of USD $
In favor of yourselves,
FOR THE ACCOUNT OF:
Individual Name for Name of Development
Developer's Address
Expires:( date)
at our counters.
This is a clean Letter of Credit available against drafts drawn at sight on (Bank Name)
(address) 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 ( date)
Payment will be made at the counters of
(bank name)
Minnesota.
This credit is subject to the Unifonn 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 customers.
Documents to be directed to:
(Bank name and address)
We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in confonnity with the
tenns of this credit will be duly honored upon presentation.
(Bank name)
Authorized Signature
Authorized Signature
CRDRDG4.DOC
MRY-08-1996 16:06
JAMES R HILL, INC.
EXHIBIT C
AREA SUMMARY-CARDINAL RIDGE 4TH
LOT
1
2
3
4
5
1
2
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1
2
3
4
5
6
7
8
9
10
11
12
OUTLOT A
OUTLOT 8
OUTLOT C
BLOCK
1
1
1
,
1
2
2
2
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
4
4
4
AREA (sq.ft.)
13,127.8
12, 1 S 1 .2
12,000.0
13,225.2
13,370.0
12,027.3
12,090.6
12,044.0
12,997.3
, 2,623.6
13,120.8
14,087.2
14,461.9
12,923.8
13,871.3
12,253.8
14,020.2
14,427.3
, 3,543.3
12,483.3
11 ,423.3
11,'08.7
11,668.5
12,000.0
13,327.3
14,219.2
13,940.5
13,339.5
13,871.5
12,692.6
12,370.5
14,926.5
13,301.2
11,718,6
11.600.0
452,367.8
453,199.0
690,433.6
1 , 2.208.9
1,255,841.5
612 890 6244 P.02/02
TOTRL P.02
o
?-
m
-
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W
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i
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S.~
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,. -< ---=~
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... I
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~ :'1 ~f ;
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.
z
o
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o
o
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I
5:
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o
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J."
" <...)
,," --.:" ( -
...;<.~.. '- - c -, "\
I ...s" (..> I ~ )
I /......... "" .<- .0"" (~
'9/ " ~..., ........ )ff -1 /
( I ~\'~> r<:t
......."'OJ..
\ \ "9~,,.
\ 1. \
\ ,~ \
\ \
\ 1
I I
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.." " / / /
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/ / " ." #,~,tt.~
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\ '&~~
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--~J-/
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EXHIBIT D
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and City costs for Cardinal Ridge 4th Addition. The
net area of the final plat is 452,368 square feet or 10.38 acres.
DEVELOPER COSTS
60/0 Administration Fee
Trunk Sewer and Water Fee
Stormwater Management Fee
Collector Street Fee
Traffic Signs
$
$
$
$
$
DEVELOPER OWES CITYffOTAL
$
CITY COSTS
Storm Sewer Costs
(Trunk Reserve)
$
CITY OWES DEVELOPERffOT AL
$
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer
Street Construction including Sidewalk
TOTAL PROJECT COST
CRDRDG4.DOC
17,238.29
36,330.00
75,997.82
15,570.00
200.00
145,336.11
30.444.30
30,444.30
$
$
$
$
66,396.68
69,018.36
30,444.30
121.445.44
$
287,304.78
CRDRDG4.DOC
EXHIBIT D
DEVELOPER COSTS
Determine 60/0 Project Administration Fee:
TOTAL CONSTRUCTION COST
Developer 6% Administration Fee:
60/0 of $287,304.78
Determine Amount of Letter of Credit:
1.25 x Total Construction Cost
1250/0 ($287,304.78)
Determine Developer Trunk Sewer & Water Fee:
Net lot area is 10.38 acres
$3,500/acre x 10.38 acres
Determine Developer Stormwater Management Fee:
Net lot area is 452,368 sq. ft.
$0.168 /sq. ft. x 452,368 sq. ft.
Determine Developer Collector Street Fee:
Net lot area is 10.38 acres
$1,500/acre x 10.38 acres
Amount Developer owes for Traffic Signs:
2 sign @ $1 OO/sign
CITY COSTS
Developer's Storm Sewer Cost
(From Exhibit A)
TOTAL STORM SEWER COSTS
$
$
$
287,304.78
17,238.29
359,131.00
$
36,330.00
$
75,997.82
$
15,570.00
$
200.00
$
30,444.30
$
30,444.30
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. The Developer shall
provide a street light system in accordance with Exhibit H. The street light plan must be
acceptable to the City Engineer and in accordance with Exhibit H.
2. The Developer is responsible for installing all the lot corners by November 30, 1996. All
lot comers shall be set and visible on this date.
EXHIBIT F (1)
FIRST COMPLETION DATE
Bond No.
PERFORMANCE~ARRANTYBOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(Surety) are held and firmly
bound unto the (Obligee), in the amount of_
and ~100 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, Letter 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 including, but not limited to, _
Sanitarv Se\ver. Watermain. Storm Sewer and Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the First Completion
Date was completed and the Principal received acceptance on and the
Principal has requested the Obligee 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 an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of the Principal's
obligations as set forth in the Developer's Agreement.
NOW THEREFORE, if the Principal shall for and within the period of time from and after the
Actual First Completion Date and through the acceptance of the subdivision and developer
improvements as set forth in the Developer's Agreement and through the Warranty Period; (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 the period of time after the
First Completion Date, and through the acceptance of the subdivision and Developer
Improvements as set forth in the Developer's Agreement and through the Warranty Period, 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.
For purpose of this Performance/Warranty 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 U.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
EXHIBIT F (2)
SECOND COMPLETION DATE
Bond No.
PERFORMANCE~ARRANTYBOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(Surety) are held and firmly
bound unto the (Obligee), in the amount of_
and ~IOO 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, Letter 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 including, but not limited to, _
Sanitarv Sewer. Watermain. Storm Sewer and Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the Second
Completion Date was completed and the Principal received Final Acceptance on
and the Principal has requested the Obligee 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 an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of the Principal's
obligations as set forth in the Developer's Agreement.
NOW THEREFORE, if the Principal shall for and within the period of time from and after the
acceptance of the subdivision and developer improvements as set forth in the Developer's
Agreement and through the Warranty Period; (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 the Warranty Period, and cover all obligations including attorney fees,
administration 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.
F or purpose of this Performance/Warranty 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 U.S. Mail,
certified, postage prepaid, addressed to any party at its address hereinafter set forth.
SIGNED, SEALED A1"JD DATED this
day of
, 1 9 ----=-
In the presence of:
Principal
By:
Surety
By:
Attorney-in-Fact
EXHIBILG
DEVELOPER INSTALLED AND FINANCE IMPROVEMENTS AND COMPLETION DATES
The items checked with an "x" below are the DEVELOPER INSTALLED AND FINANCE IMPROVEMENTS.
CHECKED
x
x
x
x
x
x
x
x
x
COMPLETION DATE
August 15, 1996
August 15, 1996
November 30, 1996
November 30, 1996
November 30, 1996
July 15, 1997
July 15, 1997
November 30, 1996
City Responsibility
Not Required
Not Required
Not Required
Not Required
July 15, 1997
IMPROVEMENT
site grading, pond construction, drainage & erosion control
street grading and drainage
subdivision monuments
utilities (sanitary sewer, watermain, storm sewer & service
lines)
streets (concrete curb & gutter, gravel base & first lift of
bituminous pavement)
wear course lift of bituminous pavement
boulevard restoration
street lights
street signage
site landscaping
reforestration
wetland mitigation
right of way acquisition outside of Plat
sidewalks/trails
EXHIBIT H
RESIDENTIAL STREET LIGHTING POLICY
BACKGROUND:
The City intends that this street lighting policy promote the safe travel of city streets in a manner both fair and
affordable to the City and its residents. Residential street lighting promotes pedestrian and traffic safety to the
extent that the City shall approve street lighting where warranted by such concerns. Lighting requests shall come
either by recommendation of the City Engineer or by resident petition. The capital costs of residential street lighting
shall be the responsibility of those residents, or any portion of those residents, determined to be affected by the light.
NEW SUBDIVISIONS:
All lighting plans require approval by the City and the utility responsible for street light operation and maintenance.
In new subdivisions street lights shall be placed at intersections, every 300 feet between intersections where
intersections are more than 600 feet apart, and at the ends of cul-de-sacs where the distance from said end to the
intersection of the cul-de-sac where the street is greater than 300 feet. Within their developments, developers shall
also install lights to City standards at the intersections of residential streets with collector streets. The developer
shall pay the full capital cost of every light to be installed; this includes poles, fixtures, underground wiring, and all
appurtenant work. The developer shall pay operation and maintenance for the light system until the City accepts the
project, at which time the billing shall be transferred to the City. 100 or 150 watt high pressure sodium lights in
traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions.
Where a portion of the development is already lit, new lights shall match in style and wattage those already in place.
In cases where developers wish to install more lights than warranted by City policy, or wish to install non-standard
lights, monthly operation and maintenance becomes the responsibility of the development's residents through their
homeowner's association or similar organization. The City will not take over such non-standard systems, though
City approval shall stilI be required.
EXISTING SUBDIVISIONS:
Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's
office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that,
in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street
light. Since the benefit of such installations extends to the City as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of
the neighbors affected by the proposed light. The affected area shall be 100 linear feet on either side of the
proposed light, on both sides of the street. The placement of the proposed light shall be specified in the petition.
Petitioners shall approach the City prior to circulating their petition to obtain direction as to where street lights are
warranted for their neighborhoods. Lights shall be approved only as they meet the following warrants for existing
subdivisions: intersections, between intersections at intervals of 300 feet where the distance between intersections is
greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-
de-sac with the street is greater than 300 feet.
If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the
installation of the light and shall include the cost of poles, fixtures, underground wiring, and all appurtenant work.
The method of payment shall be as directed by the City Finance Department. The City shall assume operation and
maintenance costs for a light from the time it is energized by the utility.
In existing developments new lights shall match in style and wattage those already in place. If no lights be currently
in place, then 100 or 150 watt high pressure sodium lights in cobra-head or traditional style shall be the standard.
MRY 16 ?96 10:06 SIENNR CORP
P.2/3
YK
Ii
CORPO~....TION
Suite 608 . 4940 Viking Drive. Minneapolis, Minnesota 55435 . 612-835~28a8
May 16,1996
Mr. Frank Boyles
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372...1714
Re: Cardinal Ridge Fourth Addition
Dear Frank:
I just finished a phone conversation with John Wingard, Assistant City Engineer,
regarding the letter of credit requirements for our proposed Cardinal Ridge Fourth
Addition. What is at issue is the new City requirement that we deliver the actual letter
of credit and not some form of Bank letter of intent to the City prior to final plat
consideration by the City Council. This requirement becomes a virtual impossibility
given how most development loans are placed and how raw land is purchased for
development. I am seeking a reconsideration by the City.
The problem is two-fold for Cardinal Ridge. First, our lender, Century Bank, needs
absolute assurance that the plat has received City Council approval prior to closing our
loan. Without that approval we have only horse pasture and there isn't collateral to
secure the letter of credit. Second, since the Fourth Addition is being carved out of a
larger parcel, both the Bank and the land seller have no absolute assurance that the
City will approve the division of the parcel into the Fourth Addition and the residual to
be held for the future Fifth Addition. Without that assurance our title insurance provider
will not insure the lender. In summary, we cannot complete the financing and purchase
transaction.
We are occasionally requested to provide a City with a conditional Letter of Intent to
Provide Security and our Bank is willing to do so for Cardinal Ridge Fourth.
It seems to me that the City has excellent control over the final platting process, given
that it doesn't have to sign the plat until it has the letter of credit and other cash deposits
Planners . Developers . Contractors
~
(C)
6-7-16:
6-7-17:
in the vicinity. The development contract shall require the subdivider to make an
escrow deposit or, in lieu thereof, furnish performance bonds as described in
Section 6-7-15, (A)-(C), to insure the improve11ents will be completed in
accordance with the development contract. Acceptance of improvements by the
City Engineer may be subject to such reasonable conditions as he may impose
at the time of acceptance. The subdivider through his engineer shall provide for
competent daily inspection during the construction of all improvements. Asbuilt
drawings with service and value ties on reproduceable mylar shall be delivered to
the City Engineer within one hundred twenty (120) days of completion of the
improvements together with a written certification from a Registered Civil
Engineer that all improvements have been completed, inspected and tested in
accordance with the a roved n" . .. er.
FINANCIAL GUARANTEE FOR SUBDIVIDER INSTALLED UTILITIES: In the
event the Subdivider chooses to install the improvements, then the development
contract as set forth in Section 6-7-14 above shall require the subdivider to make
an escrow deposit, furnish a performance bond, make a cash deposit or file a
letter of credit, at the option of the City, prior to final plat approval, as follows:
(A)
A cash escrow deposit shall be made with the City Finance Director in a
sum equal to one hundred twenty-five percent (125~~) of the project cost
as estimated by the City Engineer.
(B)
Performance Bond. In lieu of making a cash escrow deposit, the
subdivider may furnish the City with a performance bond with surety and
conditions satisfactory to the City in a sum equal to one hundred
twenty-five percent (125~~) of the City Engineers estimate of the project
cost.
Letter of Credit. The subdivider may file with the City an irrevocable letter of credit. The
letter of credit shall be in a form acceptable to the City Attorney. The letter of credit shall
be in an amount equal to one hundred twenty-five percent (125~~) of the total project cost
as estimated by the City Engineer.
FINANCIAL GUARANTEE FOR CITY INSTALLED UTILITIES AT THE
SUBDIVIDER'S REQUEST: In the event the City installs the improvements as
per Section 6-7-14 above. a cash deposit will be required. The subdivider will be
required to deposit with the City an amount equal to twenty-five percent (25%) or
more of the total project cost. The total project cost will be determined by the
City Council. The development contract shall provide that the City of Prior Lake
will install the improvements and assess all benefiting lots in accordance with the
policies on file in the office of the Director of Finance.
WARRANTY/MAINTENANCE BOND: The City shall require where appropriate
a warranty/maintenance bond of a subdivider in an amount equal to the original
cost of the improvements which shall be in force for one (1) year following
acceptance of any required improvements and shall guarantee satisfactory
performance of such improvements.
33
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