Loading...
HomeMy WebLinkAbout8D - Assign Wilds Dev Agt DATE: 8D SUESAN LEA PACE, CITY ATTORNEY CONSIDER APPROVAL OF TRANSFER OF THE WILDS DEVELOPER'S AGREEMENT FROM PRIOR LAKE DEVELOPMENT L.P. TO JIM STANTON, d.b.a. SHAMROCK DEVELOPMENT MAY 20, 1996 AGENDA #: PREP ARED BY: SUBJECT: INTRODUCTION: This Agenda item asks the City Council to approve and authorize the Mayor and City Manager to execute an agreement between the City of Prior Lake and Shamrock Rec Properties Inc. relating to the Planned Unit Development of the Initial Phase and the Sterling South Phase of a 580 acre project commonly referred to as The Wilds. BACKGROUND: On October 22, 1993, the City entered into a Development Agreement with Prior Lake Development, L.P. ("Developer") for the development of The Wilds. The Developer is in default of the Development Agreement, has been provided notice of the default, has failed to cure the events of default and has sold the real property comprising the Initial Phase and the Sterling South Phase to Shamrock Rec Properties, Inc. ("Shamrock"). The Development Agreement with Prior Lake Development required the Developer to provide the City with security (Irrevocable Letter of Credit, $1 million; payment bond $4,048,495.00 and performance bond $4,048,495.00). The security generally is intended to provide resources to complete the Developer Installed and Financed Improvements (See definitions in Agreement) and to secure compliance with the terms and conditions of the Development Agreement. Mr. Harris Duininck posted the security on behalf of the Developer. The payment bond expired and was not renewed despite our notices of default. The Irrevocable Letter of Credit (IROC) and the performance bond remain in place. The IROC expires on June 30, 1996. The City 162(6).vfla~reek Ave. S.E.. Prior Lake, Minnesota 553?2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: Alternative No. 1. Approve and authorize execution of Agreement with Shamrock for Development of The Wilds. I would like to recognize the exeptional efforts of Larry Anderson in negotiating this Agreement. Without his assistance this effort could not have been accomplished. FINANCIAL IMP ACT: Financing Impacts: 1. Shamrock has agreed to pay all legal fees incurred by the City in connection with the negotiation and preparation of this Agreement; and to that end has tendered an initial deposit of $15,000 with the City. 2. Shamrock has agreed to pay the outstanding fees of the City's consulting engineer, MSA Consulting Engineers, in the amount of$23,105.34. 3. The City receives $90,000.00 now and incremental installments towards the cost of improvements to County Road 83 as each final plat is approved. The foregoing replaces the Confession of Judgment against Richard Burtness. 4. The City receives a new IROC in the amount of $500,000.00 and a warranty bond in the amount of $750,000.00 to secure the Developer Installed and Financed Improvements. 5. The City releases to Harris Duininck the $1 million IROC provided to the City under the October 22, 1993 Development Agreement conditioned upon completion of 1-4 above. ACTION REQUIRED: The action required is as follows: 1. Make a motion and a second to acknowledge and accept written consent to be provided from Harris Duininck concerning City entering into Agreement with Shamrock for development of The Wilds. Make a motion and a second to approve the Agreement with Shamrock Rec Development, Inc. for The Wilds and authorize Mayor and flY Manager to execute Agreement. ~J ,/ 2. AGWll.OS.OOC . 4 CITY OF PRIOR LAKE AGREEMENT FOR PRIVATE DEVELOPMENT THE WILDS PLANNED UNIT DEVELOPMENT: INITIAL PHASE AND STERLING SOUTH May 20, 1996 Drafted by: Campbell, Knutson, Scott & Fuchs, P .A. 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, Minnesota 55121 (612) 452-5000 Table of Contents and Index to Exhibits ARTICLE 1. Definitions and Rules of Interpretation.................................................................... 1 ARTICLE 2. Representations and Covenants.............................................................. 5 ARTICLE 3. Commitments of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 4. Government Approvals......................................................................... 7 ARTICLE 5. Construction of Phases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 6. Developer Installed and Financed Improvements........................................ 8 ARTICLE 7. Insurance and Indemnification............................................................... 12 ARTICLE 8. Improvements to County Road 83........................................................... 13 ARTICLE 9. General Provisions.............................................................................. 13 Exhibit A - Legal Description Exhibit B - Letter of Credit form Exhibit C - Exhibit D - Policy for Private Development Projects 36822.05 5/16/96 CITY OF PRIOR LAKE AGREEMENT FOR PRIVATE DEVELOPMENT THE WILDS PLANNED UNIT DEVELOPMENT: INITIAL PHASE AND STERLING SOUTH THIS AGREEMENT, made this _ day of , 1996, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter "the City"), and SHAMROCK REC. PROPERTIES, INC., or its assigns SHAMROCK DEVELOPMENT, INC., a corporation (hereinafter "the Developer"). WHEREAS, Developer proposes to develop certain property by means of a Planned Unit Development (PUD) consisting of a golf course, a variety of residential homes, one hotel, two restaurants, and a small retail commercial center on approximately 580 acres of land (the "Project") located in the City of Prior Lake legally described in Exhibit A of this Agreement (the "Property"); and WHEREAS, on October 22, 1993, the City and Prior Lake Development, L.P., a Minnesota limited partnership, entered into a Development Agreement for the project commonly referred to as THE WILDS; and WHEREAS, Prior Lake Development, L.P., has sold the property constituting THE WILDS project to Shamrock Rec. Properties, Inc.; and WHEREAS, the City desires to enter into an Agreement with Shamrock Development, Inc. as the Developer of THE WILDS Planned Unit Development, subject to the terms and conditions of this Agreement and the deposit of security; and WHEREAS, the City desires to assure the duties, obligations and responsibilities of the Developer are clearly defined and described; and WHEREAS, the City and the Developer agree that to assure clarity with regard to the duties, obligations and responsibilities, the City and the Developer should enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and guarantees contained herein, the sufficiency of which is not disputed, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS AND RULES OF INTERPRETATION 1.1 Definitions. In this Agreement the following terms shall have the following respective meanings unless the context of this Agreement clearly requires otherwise: 36822.05 5/16/96 1 A. "Agreement" means an Agreement to Private Development between the City of Prior Lake and Shamrock Rec. Development, Inc., as the same may be from time to time modified, amended or supplemented. B. "City Council" means the Prior Lake City Council. C. "City Engineer" means the City Engineer of the City of Prior Lake. D. "City Finance Director" means the City Finance Director of the City of Prior Lake. E. "Comprehensive Plan" means the Year 2010 Comprehensive Land Use Plan for the City of Prior Lake, as adopted by the City Council on December 18, 1995. F. "Construction Inspection of Developer Installed and Financed Improvements" 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. G. "Cost of Developer Installed and Financed Improvements" means the cost of Developer Installed and Financed Improvements as estimated by the City Engineer, in the City Engineer's sole and absolute discretion, in the Developer and City Cost Summary attached as Exhibit C of the Development Agreement. H. "Developer" means Shamrock Rec. Properties, Inc. or its assigns Shamrock Development, Inc. I. "Developer Costs" means the costs to be paid by the Developer to the City as set out in the Developer and City Cost Summary attached as Exhibit C of the Development Agreement. 1. "Developer's Installed and Financed Improvements" means the construction work to be performed by Developer on the Property as shown on Exhibit C of the Development Agreement and including, but not limited to, the trees, topsoil and sodding, trails, sidewalks and driveways, street lighting, streets, curb and gutter, water supply, sanitary sewer, storm sewer/storm water improvements, drainage, Permanent Street Improvements and Traffic Signing Improvements, the plans, specifications, drawings and related documents, and in accordance with the policies and ordinances of the City, and the final plans and specifications. K. "Development Agreement" means the Development Agreement dated October 22, 1993 by and between the City and Prior Lake Development, L.P. L. "Event of Default" means, whenever it is used in this Agreement, anyone or more of the following events: (i) failure by Developer to timely pay all real estate taxes and special assessments assessed with respect to the Property within the Project; 36822.05 5/16/96 2 (ii) failure by Developer to timely pay the City any money required to be paid under this Agreement; (iii) failure of Developer to timely construct Developer Installed and Financed Improvements pursuant to the terms, conditions and limitations of this Agreement; (iv) failure by Developer to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement; (v) transfer of any controlling interest in the Project by the Developer to an entity other than an entity controlled by Developer, without the prior written approval of the Council, which consent shall not unreasonably be withheld; or (vi) failure to correct warranty deficiencies. M. "Golf Course Owner" means Restan, L.L.C. N. "Including" means including, but not limited to. O. "Initial Phase" means the first phase of the Project approved by the City Council on October 22, 1993, and which includes the Developer Installed and Financed Improvements set forth in Exhibit C to the Development Agreement. P. "Letter of Credit" means an Irrevocable Letter of Credit in the amount of Five Hundred Thousand Dollars ($500,000.00) in substantially the form of Exhibit B. Q. Metropolitan Council" means the Twin Cities Metropolitan Council, established under Minnesota Statutes Chapter 473 and having jurisdiction over the Minneapolis-St. Paul Metropolitan area as defined in Minnesota Statutes, Section 473.121, subd. 2. R. "Special Conditions for All Phases" means the conditions as outlined in Exhibit H of the Development Agreement. S. "Permanent Street Improvements" means permanent street surfacing in accordance with the policies and ordinances of City. T. "Phase" means each phase of development of the parcels of land, which together constitute the Project. U. "Policy for Private Development Projects" means the policy for such projects adopted by the City Council as may be amended in the form of the current policy which is attached as Exhibit D. V. "Project" means the proposed development by the Developer of certain property by means of a Planned Unit Development (PUD) consisting of a golf course, a variety of residential homes, rental cabins, one hotel, two restaurants, and a small retail commercial 36822.05 5/16/96 3 center on approximately 580 acres of land (the Project) located in the City of Prior Lake, Minnesota legally described in Exhibit A of this Agreement. W. "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 the City as the City may adopt from time to time. X. "Sterling South" is the name of the subdivision within the Project containing a townhouse development consisting of eighty-eight (88) units plus a common area lot. Y. "Storm Sewer Improvements" means storm sewers, catch basins, inlets and other appurtenances determined to be necessary by the City Engineer in accordance with the policies and ordinances of the City as the City may adopt from time to time. Z. "Street Improvements" means street grading, gravel base, and stabilizing, including construction of boulevards and turf establishment in accordance with policies and ordinances of the City as the City may adopt from time to time. AA. "Subdivision" means the division of a parcel of land into two or more lots or parcels by any means, including platting registered land survey. Where appropriate to the context, "subdivision" shall relate to the process of subdividing or to the land to be subdivided. BB. "Subsequent Phase" means any Phase other than the Initial Phase and Sterling South, each of which requires that the City and Developer enter into a new Development Agreement as to such Phase, and further requires Developer to comply with the "Special Conditions for All Phases" set forth in Exhibit H of the Development Agreement. CC. "Warranty Period" means a twelve (12) month period following the City Engineer's acceptance of the Developer Installed and Financed Improvements during which time the Developer is required to post an Irrevocable Letter of Credit and a Warranty (Maintenance) Bond to assure that the Developer Installed and Financed Improvements were properly constructed. 1.2 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. 1.3 Supplemental Definitions. Certain terms not defined herein, to the extent defined in the Development Agreement, are intended to have the same meaning as the definition in the Development Agreement. 1.4 Exhibits. All exhibits attached to this Agreement are incorporated by reference and made a part of this Agreement as fully set forth herein. 1.5 Scope. This Agreement sets out the responsibilities of the Developer, Shamrock Rec. Properties, Inc. and is drafted to describe the obligations and responsibilities of Shamrock Rec. Properties, Inc. The Development Agreement dated October 22, 1993 and Amendment No.1 thereto, 36822.05 5/16/96 4 are incorporated by reference herein as a basis for further describing and clarifying the Developer's responsibilities under this Agreement. 1.6 The recitals set forth above are incorporated and restated as if fully set forth herein. ARTICLE 2. REPRESENTATIONS AND COVENANTS 2.1 Representations and Covenants by Developer. Developer represents and covenants that: A. Developer is a corporation duly organized, existing, and in good standing under the laws of the State of Minnesota, and is authorized to do business in the State of Minnesota and has the power to enter into this Agreement and to perform its obligations hereunder, and by proper corporate action has been duly authorized to execute and deliver this Agreement. B. Developer shall be responsible to the City to assure that the Developer Installed and Financed Improvements are constructed, operated and maintained in accordance with the terms of this Agreement, in conformity with local, state, and federal laws and regulations and will cause all Developer Installed and Financed Improvements, and all associated plant and equipment, to be kept in good repair and condition. C. Developer represents and warrants that neither the execution nor 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 the City with respect to any litigation commenced with respect to the Property or the Developer Installed and Financed Improvements. Developer 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. D. Developer will obtain all required permits, reviews, licenses, actions, and Development Plans for all the Phases of Developer Improvements. E. Developer hereby acknowledges that the City has adopted Ordinance 93-23 amending Section 5-5-11 of the Prior Lake City Code for the purpose of establishing a Mixed Use zoning classification for the Project. Developer and City intend that the site of certain nonresidential uses, including but not limited to, hotels, restaurants, village shopping, and convenience retail, as shown in the Development Plan attached to the Development Agreement as Exhibit D, will be zoned Mixed Use and incorporated into the PUD. Developer hereby agrees that it will develop only those nonresidential uses established in the Development Plan as approved by the City. Any other nonresidential development shall require approval of an amendment to the PUD prior to commencement of construction of such other nonresidential development. An amendment of the PUD, which does not change density, floor area, location and placement of facilities, land use or matters of a similar nature 36822.05 5/16/96 5 is a minor amendment. A minor amendment of the PUD may be processed and approved by City Staff and affirmed by the City Council. Any amendment to this Agreement, other than a minor amendment, shall be in writing and executed on behalf of the City by the Mayor and City Manager, after approval by the City Council. F. Developer hereby acknowledges that the uses for the Property are as specified in Exhibit G to the Development Agreement which designates the zoning of the residential (R-l), regional commercial (B-3) and neighborhood commercial (B-1) areas within the Project. The allowed uses on the Property shall be consistent with the listed uses within these zones as of the date of the Development Agreement, and as further defined and established under the Development Plan submitted with the application for approval of the PUD, as may be amended from time to time upon approval of the City Council. G. Developer hereby acknowledges that the final plat contains a number of outlots for which development densities have not been specifically established. Therefore, the final density of the Project shall be subject to approval by the City Council of future plats which establish the number of lots and development densities for such outlots. H. Developer must enter into an Agreement with the City for the Preserve/Outlot L within sixty (60) days of the date the City Council approves this Agreement. This provision will not apply if, prior to the expiration of the sixty (60) days, Developer makes application to the City to replat the Property. 2.2 Representations and Covenants by City. City represents and covenants that: A. Pursuant to the provisions of Minnesota Statutes, Section 462.358, subd. 3c, unless Developer's rights hereunder have been terminated pursuant to the provision of this Agreement, no amendment to the Comprehensive Plan or other official control that is inconsistent with the Development Agreement and this Agreement, or that would curtail any development contemplated by this Agreement, shall apply to the Project for a period of three (3) years, subject to the City's remedies upon Event of Default as set out in Section 9.1 of this Agreement. This provision shall not prevent amendments to the Comprehensive Plan or other official land use controls which are consistent with this Agreement and which would not curtail development contemplated by this Agreement where such amendments are required by law or any other changes in the system plans of the Metropolitan Council. B. The City shall be responsible for maintenance of the Booster station and lift station after the acceptance of these Developer Installed and Financed Improvements and the expiration of the warranty period. ARTICLE 3. COMMITMENTS OF DEVELOPER 3.1 Completion of Construction. Developer commits to complete the Developer Installed and Financed Improvements for the Wilds Initial Phase and Sterling South on or before August 1, 1996, with the exception of the bituminous wear coarse for Wilds View and Wilds Ridge, from the intersection of Wilds View and Wilds Ridge to the North, the cul-de-sac on Wilds Lane, and turn lanes on County Road 83, which shall be completed July 1, 1997. 36822.05 5/16/96 6 3.2 Protective Covenants. The Developer shall prepare a private declaration of covenants, conditions and restrictions (Declaration of Covenants) to be filed of record against the Property. The covenants will, among other matters, require and ensure that all common facilities, amenities and spaces within the PUD, including, but not limited to the I8-hole golf course, trails, parks, open space, wetland areas, street medians, cul-de-sacs, center islands, and water quality ponds will not be substantially altered, modified, or replaced without prior approval of the City, ordinary maintenance, repair and replacement excepted. The Declaration shall contain a "no cut/no mow" restriction which shall prohibit any person from cutting, mowing, landscaping, or undertaking other Developer Installed and Financed Improvements in areas of steep slopes or areas protected by conservation restrictions (other than certain noxious weeds as defined by Minnesota Statutes which must be cut or removed). Such restricted areas shall be noted on the Development Plan. The Developer shall place a covenant upon the property comprising the l8-hole golf course, which covenant shall provide that the owner of the golf course shall be responsible for maintaining discharge, storm pipes and holding ponds. ARTICLE 4. GOVERNMENT APPROVALS 4.1 Parties' Responsibilities Regarding Government Approvals. Developer shall obtain all required permits and approvals of local, state, and federal governmental agencies for all Phases of the Project, including Developer Installed and Financed Improvements associated with such Phases. ARTICLE 5. CONSTRUCTION OF PHASES 5.1 Special Conditions. The Developer shall construct the Initial Phase, Sterling South and Subsequent Phases in accordance with Development Plans approved by City and in accordance with the Special Conditions for All Phases set out in Exhibit H of the Development Agreement. The construction of Developer Installed and Financed Improvements for Subsequent Phases shall be governed by separate development agreements and shall contain the Special Conditions for Subsequent Phases set out in Exhibit I of the Development Agreement. 5.2 Developer Installed and Financed Improvements. Developer Installed and Financed Improvements shall be installed as needed and permitted in accordance with the Development Plans for the Initial Phase legally described in Exhibit A of this Agreement and in the Sterling South plat as described in the Contract for Development of Land for Sterling South, dated August 15, 1994 and incorporated by reference herein, and the Development Plans for Subsequent Phases. The Developer shall convey, dedicate, or cause to be dedicated to the City, at no cost to the City, the land required for permanent or temporary rights-of-way or utility easements over the Property sites. All such rights-of-way or easements requested by the City shall be in writing, in recordable form, and as shown on all subdivisions, plats, or replats of the Property. The Developer shall convey the Developer Installed and Financed Improvements as set out at Section 6.15 of this Agreement and subject to Section 6.14. Developer, at the time of conveyance to the City, shall provide a Title Insurance Policy covering the Developer Installed and Financed Improvements. The Title Insurance Policy shall be addressed to the City and in such a form as the City may rely upon. 5.3 Compliance with Terms. Unless specifically provided in the Development Plan approval, no Development Plan approval by the City shall relieve the Developer of its obligation to 36822.05 5/16/96 7 comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules, and regulations. ARTICLE 6. DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS 6.1 Construction of Developer Installed and Financed Improvements. Developer shall be responsible for assuring the Developer Installed and Financed Improvements are constructed, installed and warranted during any applicable warranty period, in accordance with the terms of this Agreement, the policies and ordinances of the City, and all local, state and federal laws and regulations and according to the plans, specifications, drawings and related documents submitted to and approved by City Engineer for the Project. 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, drawing 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. 6.2 Conditions Required for City Council Approval. A. Before action by the City Council to approve this Agreement, the City must receive a Letter of Credit in the amount of $500,000, a Warranty (Maintenance) Bond in the amount of $750,000, a consent to this Agreement in a form acceptable to the City Attorney from Duininck Brothers and Richard Burtness on behalf of Prior Lake Development, L.P., an executed copy of this Agreement and the payment required under Article 8. B. Once the Developer Installed and Financed Improvements are completed as required in Section 3.1 of this Agreement, the punch list items are completed, as-built drawings are provided to the City, and the Developer Installed and Financed Improvements are accepted by the City Engineer, the Letter of Credit may be reduced to five percent (5%) of the cost of the Developer Installed and Financed Improvements, except for those items in Section 3.1 which will be completed by July 1, 1997. The Warranty (Maintenance) Bond in the amount of Seven Hundred and Fifty Thousand Dollars ($750,000) shall remain in effect throughout the Warranty Period. 6.3 Inspection of Improvements. The City, either utilizing the City's Engineering Department Personnel or the City's Consulting Engineer, shall inspect the Developer Installed and Financed Improvements in accordance with the City's Policy for Private Development Projects incorporated by reference herein, and subject to such conditions as the City Engineer or City Manager may require to protect the City's interest. Inspection of Improvements 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 detailed site grading. B. Documentation of construction work and all testing of Developer Installed and Financed Improvements. 36822.05 5/16/96 8 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. 6.4 Developer's Engineering Services. The Developer's Engineer shall provide all other construction services at Developer's sole cost including, but not limited to: A. Construction surveying. B. As-built drawings of all Developer Improvements (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. All testing as required by the City Engineer to ensure conformance with all plans and specifications. 6.5 Payment of Inspection Services. All construction inspection and testing fees shall be paid by the Developer to the City (or Consulting Engineer, as invoiced) 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 Irrevocable Letter of Credit in the full amount of said invoices, at the sole and absolute discretion of the City, without notice to Developer. Developer payment of Inspection Services shall not exceed Dollars ($ ). 6.6 Standards of Construction. Developer agrees that all of the Developer Installed and Financed Improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.7 Materials and Labor. All of the materials to be employed in making the Developer Installed and Financed Improvements and all of the work performed in connection therewith shall be of uniformly good and workwomanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 36822.05 5/16/96 9 6.8 Easements. Developer, at its expense, shall acquire all easements from property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains to serve the plat, and thereafter promptly assign said easements to the City. 6.9 Staking, Surveying and Inspection. It is agreed that the Developer, through its engineer and at its cost, shall provide for all staking and surveying for the Developer Installed and Financed Improvements. In order to insure that the completed Developer Installed and Financed Improvements conform to the approved plans and specifications, the City will provide for inspection as determined necessary by the City Engineer at the sole cost of Developer. 6.10 Grading, Drainage, and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Said plans shall provide with particularity plans for stabilization of steep slopes within the project area. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 6.11 Project Testing. The Developer is responsible through its testing company and at the Developer's cost to provide testing to certify that the Developer Installed and Financed Improvements are completed in compliance with the approved plans and specifications. The personnel performing the testing shall be certified by the Minnesota Department 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. 6.12 Street Signs. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 6.13 Access to Residences. Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 6.14 Acceptance of Developer Installed and Financed Improvements. City will accept the Developer Installed and Financed Improvements which have been completed in accordance with the provisions of the Development Agreement and this Agreement. Developer shall furnish certificates of completion for the completed Developer Installed and Financed Improvements 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. 6.15 Conveyance of Developer Installed and Financed Improvements. The Developer shall convey all Developer Installed and Financed Improvements to the City free of all liens and encumbrances or indemnified against all liens and encumbrances in a form acceptable to the City Attorney and with warranty of title, which shall include copies of all lien waivers in a form which the City may rely upon and accept. Should the Developer fail to so convey said Developer Installed and Financed Improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 36822.05 5/16/96 10 6.16 Replacement. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after the Date of Completion, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of the sanitary sewer lines on Wilds Ridge, north of the intersection of Wilds Ridge and Wilds View and provide the City with a VHS videotape thereof. The televising shall be done in 1997 prior to acceptance of this portion of the street. 6.17 Restoration of Streets, Public Facilities and Private Properties. The Developer shall restore and clean all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. Such restoration and clean-up work shall include all streets and roadways leading to the Project which are affected by the Developer's construction activities. 6.18 Maintenance of Developer Installed and Financed Improvements. A. Unless otherwise provided, the Developer agrees to maintain all Developer Installed and Financed Improvements constructed pursuant to this Agreement, including the landscaped islands located within the cul-de-sac streets in the Project PUD. The City may pursue any of the remedies established in Section 9.1 of this Agreement upon Developer's failure to maintain the Developer Installed and Financed Improvements in a reasonable manner until such Developer Installed and Financed Improvements are conveyed to the City and accepted by the City. B. After the Developer Installed and Financed Improvements are conveyed to the City, and after eighty (80%) percent of the lots owned by the Developer are sold to parties other than the Developer, it shall be the responsibility of the Homeowners' Association for The Wild's PUD to maintain and repair certain improvements including the landscaped islands located within the cul-de-sac streets, street lights and the forestry easement area. C. The Golf Course owner shall be responsible for maintaining the water quality ponds and storm sewers within the golf course. The Developer shall incorporate such requirements for maintenance in the Declaration of Covenants and any homeowners' association agreement( s) which homeowners' association agreement( s) shall be reviewed and approved by the City Attorney. Maintenance of the public streets and sidewalks within the PUD shall be the responsibility of the City, unless otherwise noted in this Agreement (~ landscaped islands) . 6.19 Operation and Maintenance of Storm Water Ponds and Lines. The Golf Course Owner shall operate and maintain the storm water ponds and storm sewer pipes, manholes, and catch basins on the outlots in perpetuity. The operation and maintenance shall include any required cleaning of the ponds, pipes, manholes, and catch basins. The operation and maintenance shall also include any required repairs to the storm water ponds, pipes, manholes, and catch basins, including manhole frames and covers and catch basin castings. In the event Developer defaults in its obligation to operate, maintain, clean, and repair the storm water ponds, pipes, manholes, and catch basins on the outlots, the City shall have the right to perform these activities on behalf of Developer. Should default occur, and the City assumes operation, maintenance, cleaning, and repair of the storm water 36822.05 5/16/96 11 ponds, pipes, manholes, and catch basins, the City of Prior Lake shall invoice or assess Developer at the City's cost for completing these activities. 6.20 Access to Outlots. The City shall not be responsible for repairing turf and landscaping that is damaged by the City during the operation, maintenance, or repair of sanitary sewer lines and watermains constructed on the outlots. Repair of turf and landscaping on the outlots shall be the sole responsibility of Developer. In the event the Developer or Golf Course Owner defaults in its obligations to operate, maintain, clean, and repair the storm water ponds, pipes, manholes, and catch basins on the outlots, the City shall have access to the Property to conduct operation, maintenance, cleaning, and repair activities on the storm water ponds, pipes, manholes, and catch basins on the outlots. ARTICLE 7. INSURANCE AND INDEMNIFICATION 7.1 Insurance Coverage. 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 One Million Dollars ($1,000,000) with respect to death or injury to anyone or more persons and Five Hundred Thousand Dollars ($500,000) with respect to property damage. Insurance term shall expire at the conclusion of the warranty period. B. Umbrella insurance policy in the amount of Two Million Dollars ($2,000,000) with an owner's protection policy in like amounts. C. Workers compensation insurance with statutory coverage. D. Such other insurance in such amounts as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure. 7.2 Certificates of Insurance. 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 the 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 the City in the event of cancellation of the policy, non-renewal or changes affecting the coverage thereunder. The 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 certificate 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. 36822.05 5/16/96 12 7.3 Indemnification. The Developer shall hold the City harmless from and indemnify the City against any and all liability , damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement or the Development Agreement dated October 22, 1993 which this Agreement replaces, in part, but which Development Agreement is incorporated by reference herein and which Development Agreement constitutes the underlying responsibilities of the Developer; or arising out of legal claims of owners of property which was removed from the Urban Service Area as a result of the amendment of the City's Comprehensive Land Use Plan. It is further understood and agreed that the City, the City Council, and the agents and employees of the City, including its City Attorney, shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the Development Agreement, or the performance and completion of the work and Developer Installed and Financed Improvements hereunder. ARTICLE 8. IMPROVEMENTS TO COUNTY ROAD 83 8.1 Amendment No. 1 to the Development Agreement provided the City with a Confession of Judgment, in lieu of the right to specially assess the cost of certain future improvements to County Road 83, the need for which are attributed to increased traffic due to the development of all phases of the Wilds and increased traffic due to the SMSC and Dakota Community Development. 8.2 Amendment No.1 applies a formula apportioning the cost of the future improvements between the Wilds and the SMSC and Dakota Community Development. The cost of the future improvements the Developer is required to pay is fixed at Three Hundred Twenty-Five Thousand Dollars ($325,000.00). 8.3 The Developer will pay to the City, prior to approval of this Agreement, the sum of Ninety Thousand Dollars ($90,000.00). The balance of Two Hundred Thirty-Five Thousand Dollars ($235,000.00) shall be paid at the rate of Two Thousand Dollars ($2,000.00) per residential acre, or Five Thousand Dollars ($5,000.00) for a non-residential acre, until the total amount is paid. 8.4 Developer may, at any time, based upon usage or a change in developable acres, increase the payments payable under this Section, without increasing the total amount due to the City. ARTICLE 9. GENERAL PROVISIONS 9.1 Remedies in the Event of Default. Whenever an Event of Default occurs, the Developer shall have thirty (30) days following written Notice from the City to the Developer of an Event of Default, to cure such Event of Default. If the Event of Default is not cured within the thirty (30) day period, the City may take anyone or more of the following actions without further notification: A. City may suspend its performance under the Agreement. 36822.05 5/16/96 13 B. City may cancel and rescind this Agreement. C. City may draw upon the Letter of Credit provided to City pursuant to any of the terms of this Agreement according to their terms. D. City may also institute legal action against the Developer or utilize the Letter of Credit delivered hereunder, to collect, pay, or reimburse the City for: (i) The cost of completing the construction of the Developer Installed and Financed Improvements described in this Agreement, and the Development Agreement dated October 22, 1993 ("Development Agreement"). (ii) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein, and in the Development Agreement. (iii) The cost of planning, engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement, and the Development Agreement. (iv) City may take whatever action, including legal or administrative action, which may appear necessary or desirable in order for City to collect any payments due under this Agreement and the Development Agreement or to enforce performance and observance of any obligation, agreement, or covenant of Developer under this Agreement and the Development Agreement. (v) City may suspend issuance of Building Permits and/or Occupancy Permits on lots directly impacted or affected by the deficiency. 9.2 Assignment and Recording. The City shall not approve transfer of this Agreement unless and until it has received a substitute Irrevocable Letter of Credit and Warranty Bond in an amount to guarantee compliance with the terms of this Agreement. The City reserves the right to consider the character, reputation and financial stability of any assignee. Developer agrees that this Agreement and the rights granted hereunder are not transferable, except with the prior written consent of the City, which consent shall not unreasonably be withheld. 9.3 The terms and provisions of this Agreement shall 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 all or any part of the Property and shall be deemed covenants running with the Property. 9.4 This Agreement shall be recorded by the City so as to give notice hereto to subsequent purchasers and encumbrances of all or any part of the Property. All recording fees, if any, shall be paid by the Developer. 9.5 Notice. 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 by United States mail to the addresses hereinafter set forth. Such 36822.05 5/16/96 14 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 Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 A TTN: Frank Boyles and Larry Anderson With a copy to: City Attorney Campbell, Knutson, Scott & Fuchs, P .A. 1380 Corporate Center Curve Suite 317 Eagan, Minnesota 55121 ATTN: Suesan Lea Pace If to Developer: Shamrock Rec. Properties, Inc. 3200 Main Street, Suite 300 Coon Rapids, Minnesota 55448 ATTN: James M. Stanton If to Golf Course Owner: Restan 2500 Wilds Parkway Prior Lake, Minnesota 55372 A TTN: Mary Dryer 9.6 Unavoidable Delay. 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. 9.7 Amendment to this Agreement. 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. 9.8 Waiver. Failure of either party at anytime 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. 9.9 Proof of Title. 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, 36822.05 5/16/96 15 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. 9.10 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. 9.11 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. 9.12 Execution of Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 9.13 Construction. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 9.14 Recitals. The recitals set forth above are incorporated herein. 9.15 Inconsistency. If this Agreement is inconsistent with the words of the Development Agreement or any requirement made in the Development Agreement, or if any obligation imposed hereunder upon the Developer is inconsistent, then that provision or term which imposes a greater and more demanding obligation on the Developer shall prevail. 9.16 No Party Recourse. Third parties shall have no recourse against the City. 36822.05 5/16/96 16 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: SHAMROCK REC. PROPERTIES, INC. By: Its: 36822.05 5/16/96 CITY OF PRIOR LAKE: By: Its Mayor By: Its: City Manager ATTEST: City Clerk APPROVED AS TO FORM AND EXECUTION By: Its City Attorney REVIEWED FOR ADMINISTRATION By: Its City Engineer 17 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 199 , by , the of SHAMROCK REC. PROPERTIES, INC., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 199_, by , and , the Mayor and City Manager, respectively, of City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P .A. 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 SLP:kgm (3693/002) 36822.05 5/16/96 18 EXHIBIT "A" LEGAL DESCRIPTION OF THE INITIAL PHASE THE WILDS Lots 1-6, Block 1 Lots 1-16, Block 2 Lots 1-17, Block 3 Lots 1-6, Block 4 Lots 1-5, Block 5 Lots 1-23, Block 6 36822.05 5/16/96 EXlllBIT "B" ,NO. OATE: TO: CITY OF PRIOR LAXE 2S49 CA~OTA STREET SZ PRIOR LAKE MN 55372 Dear Sir or Macam: We open IrreovQcable Standby Latter of C~edit No. ~he amount of USo S AMOUNT (SPELL OUT OOLUL~ AMOUNT t1SDLRS) in 00/11 In favor of yourselves. For the Account of: INDIVIDUAL N&~ FOR N~~E OF DEVELOPMENT DEVELOPER'S ADDRESS Expires OAT:': at our counters. This 1s a clean Le~~er of Credit available against dra!t~ drawn aC sight en BANK NAME . ADDRESS , M1n~eso~a bearing t~e clause: Orawn uncer S~and~y Letter of credit Number of E~~^ N~~ , accompanied by t~is orlglnal Letter of Crad~~ for endorsement. SPECIAL CONDITION(S} : 1. Oraf~s must purpor~ecly ce sig~ed by the Mayor or the City Mana~er of the Ci~y of Prior Lake. 2. ~his Let~er of Credit is automatically rene~a~le without amenc~ent tor an adci~ional one year pe~1ec from the present expi:ation date, unless (90) ninety cavs ~=io~ to said ex?ira~ion ~ate ve shall noeify YOU in .~~i~i~q, ~v Registered Mail, ~hat we have electec. not to re~ew this LaC~e~ of Credit. But in no event shall the expiration date ex~enc ~eyond DATE Payment will be mace a~ ~he ccunters of Minnesota. BAN:< NAME This c~edit is subjec~ to the UniforM C~stoms and Practice for Oocumenta~t credits (l9SJ Revision) Inter~ational Chamber of Commerce PUblication No. 400. . Unless othe~Ji5e stated, all documents are to be fO~Jar~~d to us by mail, Qr hand celiv2red to our counters. Oocume~ts to be dirQcted to: B~K N~~ & AOCRESS We hereby engage with cra.ers and/or bona fide holcers .t~at drafts drawn and neqotiated in confo~ity with the t~~s of t~is credit will be duly hcnoree u~o~ presentation. BANK N A4'1E AUTHORIZED SIGNATURE AUTEORrZID SIGNATURE -MSJ 1 EXIllBIT "e" PAYMENT FOR INSPECTION SERVICES m'Sl:L1UG IGLm:BS March 29, 1996 File: 102-000-00 1326 Ener;y Po~ Drive St. Paul, MN 55108. 612-6.4.4-4389 1.800-888-2923 fax: 612.u4-9L46 ClVr" ENGlNaeRING: ENVIRON/.\ENTAL MUNIOPAL ~ .,,\N/II1NG ~cuo VI.\STE mU~~AL SCRV:VIN~ TllArFIC TRANSlORTATlON et:CT1ICAVMCCHAN1(.l~ ENGiNEERING: hV AC 'Cwa CISTiI&Ol1ON 5',10.\ S'fSTEM CONTRO\S Off1CES IN: MINNEAPOlIS PRJOR lAXE ST. PAUL WASECA Mr. Larry Anderson DPW ICity Engineer . City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: INSPECTION SERVICES; THE WILDS Dear Mr _ Anderson: MSA, Consulting Engineers has provided inspection services for each of the partially completed projects within The Wilds subdivision: Wilds t First Phase Sterling South Booster Station The Preserve This letter will present estimateS for the inspection costs related to completing these projects, with the exception of The Preserve. It is our understanding that The Preserve project has been abandoned. The cost estimates presented in this letter are in addition to the amounts currently owed MSA by The Wilds. 1996 Inspection Wilds, First Phase and SterHni South Inspection As-Builts N ot..to-Exceed Hillin, Amount ($) 18,000 4,000 Booster Station Inspection As-Builts 3,000 2,000 ~: 1. Assumes that all work will be completed, with the exception of wear course on the failed street west of the embankment on White Tail Ridge, during the period May IS through August 1, 1996. 2. If the constrUction period extends beyond August 1, 1996, the inspection estimates may be exceeded. ItEVISED 5/17196 An Equal Oppormnicy EmpJoyw Mr. Larry Anderson March 29, 1996 Page Two Wear Course Inspection Warranty Inspection Not-to-Exceed Billinv Amount (~) 500 7.500 1997 Inspection ~: 1. The figure for wear course inspection covers inspection of the wear course that will be placed over the failed street west of the embankment on Whi~ Tail Ridge. 2. Because the Wilds First Phase, Sterling South, and the Booster Station have not been completed, the warranty period has not begun to nm. Assuming a August 1. 1996, completion, the warranty period on all items, other than the wear course mentioned . in Note 1, will begin on August 2, 1996. Per City of Prior Lake policy, a warranty inspection is conducted at the end of the warranty period. The $7,500 figure includes a warranty inspection of streets, curb and gutter, sidewalks. bike paths. boulevard sod, sanitary sewer manholes, storm sewer manholes. wa.termain valve boxes and hydrants, storm water ponds, and the booster station. Preparation of a punchlist outlining required repairs is included in the $7,500 figure. Inspection of the repairs is not included in the $7,500 figure because the extent of the required repairs cannot be determined at this time. Warrant)' Inspection Not-to-Exceed Bill ini Amount ($) 500 1998 Inspection ~: 1. The $500 figure covers the warranty inspection of the wear course placed over the failed street west of the embankment on White Tail Ridge. If you have any questions regardini the cost estimateS presented in this letter, please feel free to call. Sincerely, MSA, CONSULTING ENGINEERS ~~. ~~~- Thomas A. Rousbar. P .E. TAR:tw OQO-2901.mar R.EV1SED '/17196 TOTAL P.03 " EXIllBIT "D" POLIC'Y FOR PRI\t-ATE DEVELOPMF~t PROJECTS CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AL'1D TESTING REQ~V!E~-rS It is the policy of the Cit). of Prior Lake that consttUction activity for all privare development projects within the city shall be inspected by city staff persoMe! or city engineering consultnnt fum personnel. The constrUction inspection fee charged to the private development shnll be based upon the fee structure outlined in this policy and the actual engineering services completed by the ciry.s Engineering Depnrunent or their consultant's representative. CONSTRO'CTTON IN'SPECTIO~ ENGThiEE~G SERVICES FEE STRlJCTl~~E Private development projects shall be financially responsible for the engineeting in~pection and testing services of the development to the ciry. The invoic~s received by the city from engineering consultants pe:forming inspection or material testing ~.ork shall be forwarded to the Developer for payme:lt. The Developer shall have tv.tent)~ (20) days in which to pay the invoic~ to the consultant firm from the d:lte of re~:it)t of the invoice bv the City of Prior Lak~. In the event that payment of an invoice is not made within the t\tie~ry (2Q) day period. the ciry \viil draw on the Develope:-'s le:te: of credit to pay the invoices received from me ~ity's consultants. . The city will adjust the lerte:- of credit amount in a way to maintain 25% of the ne~ consuuctioc . cost plus the remaining construction cost of the project as determined by the City Engineer. If city staff is us~d for construction inspection or testing services. the hourly charge shall be :lS ~r the rates established by the city's Finance Director. CPNSTRt.;cnON INSPECTION SERVICES The constrUction inspection services includes the inspecting of public infrastructure constrUction relating to the development. The construction inspection service shall include: 1. Inspection of public improvement systems which include grading, s~it~ se~'e:. watermain. storm sewer/pondini. and street systems. Grading inspection is for overview of drainage swales and not for detail site gra~ng. .., Documentation of construction work and all testing of improvements. 3. .~-built location dimensions for sanit~ sewe~9 watermain,. ~nd storm se\lle: facilities. 4. Coordination with testing company for soil and material testing and actuai material testing costs as pe:formed by city consult3nts or city staff. All other constrUction services are to be provided by the developer.s engineer which include the following: 1. ConstrUction surveying 2. As-built drawings of development improvements (TIe dimensions to sewer and water services from city suff or city consu1~t) 3. ConstrUction quantities 4. Change Orders 5. Construction administration or project 6. ConstrUctiou payment vouchers EXHmF.W1n'