HomeMy WebLinkAbout7D - Wilds Second Addition
DATE:
7D
JOHN WINGARD, ACTING CITY ENGINEER
CONSIDER APPROVAL OF RESOLUTION 96-10
APPROVING ADDENDUM #1 TO THE CONTRACT FOR
DEVELOPMENT OF LAND FOR THE WILDS 2ND
ADDITION
OCTOBER 7, 1996
AGENDA #:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this Agenda item is to consider approval of
Addendum # I to the Contract for Development of Land in the City
of Prior Lake with Shamrock Development, Inc. The addendum
allows the Developer to construct sanitary sewer, watermain, storm
sewer, and streets through Outlot E of The Wilds 2nd Addition on
Wilds Parkway from the southeast end of The Wilds 2nd Addition
to County Road 82.
The Contract for Development for The Wilds 2nd Addition was
approved by the Council at the June 3, 1996 meeting. As part of
infrastructure work the Developer is constructing certain Public
Improvements on behalf of the City such as streets, sidewalks,
sewer and water lines, to serve the residents of The Wilds and the
surrounding areas.
The Addendum No. 1 to the Contract or Development of Land has
been prepared by the City Attorney and the Developer has signed
the Addendum # 1 to the Contract for Development. One copy is
attached and three copies of the addendum will be available at the
Council meeting for signatures if this item is approved. There is
no platting of lots associated with this addendum.
BACKGROUND:
Outlot E of The Wilds 2nd Addition is located east of the City's
booster station and north of County Road 82. (See the attached
map labeled as Exhibit A) This addendum will cover the
construction of sanitary sewer, watermain, services, streets, trails,
and sidewalk on Wilds Parkway from County Road 82 to the north
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
WlLDS2AM.DOC AN EQUAL OPPORTUNITY EMPLOYER
r'
beneficial to construct these improvements prior to platting of the
lots adjacent to this project to improve access to The Wilds.
The staff and MSA will inspect the utility and street work to make
sure the work is constructed to City standards. The Developer will
be responsible for reimbursing MSA for their expenses to perform
the inspection work.
FINANCIAL IMPACT:
All fees owed to the City associated with the construction of Wilds
Parkway through Outlot E will be captured at the time of the final
platting of Outlot E.
ALTERNATIVES:
The alternatives are as follows:
1. Make a motion and second to approve Addendum # 1 to the
Contract for Development of Land for The Wilds 2nd
Addition.
2. Approve this item with specific amendments.
3. Deny or take no action on this item.
RECOMMENDATION: Alternative No.1.
ACTION REQUIRED: Make a motion and sec9nd to approve Addendum #1 to the
Contract for DeVe10pmCt of Land for The Wilds 2nd Addition.
1j i
Boyles
WILDS2AM.DOC
5. All fees owed to the City associated with the construction of the extension of Wilds
Parkway through Outlot E will be captured at the time of the final plat for The Wilds
Fifth Addition; and said fees will be based upon the estimated costs for the
construction set forth in paragraph 6 below.
6. The estimated costs for the construction of Wilds Parkway through Outlot E is
$354,509.26.
7. Paragraph 7 to the CONTRACT FOR DEVELOPMENT is amended to add the
following Section 7.3:
The Irrevocable Letter of Credit in the amount of $695,187.73 provided by the
Developer to secure compliance with the terms of the CONTRACT FOR
DEVELOPMENT shall apply also to secure the completion and acceptance by the
City for the extension of Wilds Parkway through Outlot E to County Road 82.
8. In calculating any reduction in the Irrevocable Letter of Credit pursuant to Paragraph
8 of the CONTRACT FOR DEVELOPMENT, the City shall include the estimated
construction costs for the extension of Wilds Parkway through Outlot E.
9. The construction of Wilds Parkway through Outlot E shall be in accordance with the
engineering plans prepared according to City specifications and approved by the City
Engineer.
10. Grading relating to the extension of Wilds Parkway through Outlot E shall be in
accordance with a grading plan submitted by the Developer and approved by the City
Engineer.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE that Addendum #1 to the Contract for Development of The Wilds 2nd Addition
is approved and the Mayor and City Manager are authorized to execute said Addendum on behalf
of the City.
Approved by the CITY COUNCIL on the 7th day of October, 1996.
YES
NO
Andren
Greenfield
Kedrowski
Mader
Schenck
Andren
Greenfield
Kedrowski
Mader
Schenck
City Manager, Frank Boyles
City of Prior Lake
wn.DS2AM.DOC
ADDENDUM NO.1 TO THE
CONTRACT FOR DEVELOPMENT OF LAND
IN THE CITY OF PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the 7th day of October, 1996, by and
between the City of Prior Lake, (hereinafter "City"), a municipal corporation organized under the
laws of the State of Minnesota and Shamrock Development, Inc. (hereinafter "Developer"), a
Minnesota corporation.
WITNESSETH THAT:
WHEREAS, the City has granted preliminary plat approval and fmal plat approval to The
Wilds 2nd Addition, subject to certain terms and conditions set forth in the
Contract for Development of Land in the City of Prior Lake dated June 3,
1996 ("CONTRACT FOR DEVELOPMENT"); and
WHEREAS, pursuant to the approval, the City Council authorized the Mayor and City
Manager to execute a CONTRACT FOR DEVELOPMENT for a single-
family development known as The Wilds 2nd Addition; and
WHEREAS, the CONTRACT FOR DEVELOPMENT requires the Developer to construct
certain City Improvements; and
WHEREAS, the Southeasterly portion of the land comprising The Wilds 2nd Addition is
platted as Outlot E; and
WHEREAS, the CONTRACT FOR DEVELOPMENT of The Wilds 2nd Addition provides
that the Developer will construct Wilds Parkway to a terminus at the most
westerly line of Outlot E; and
WHEREAS, the Developer at some future date intends to plat Outlot E as The Wilds Fifth
Addition; and
WHEREAS, the City and Developer agree that it is in the best interest of the City and
Developer to presently construct Wilds Parkway through Outlot E to terminate
at County Road 82.
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, it is hereby agreed as follows:
1. The recitals set forth above are incorporated herein as if fully set forth.
162~~eek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
2. The CONTRACT FOR DEVELOPMENT is hereby amended to add this
Agreement as Addendum No.1.
3. The Developer grants the City a roadway, drainage and utility easement over that
portion of Outlot E, legally described in Attachment 1 to this Addendum.
Attachment 1 is incorporated by reference as if fully set forth herein.
4. The City and Developer agree that the portion of the road depicted in Attachment
1 will be platted at the time a plat is submitted for the Development of Outlot E.
5. All fees owed to the City associated with the construction of the extension of
Wilds Parkway through Outlot E will be captured at the time of the final plat for
The Wilds Fifth Addition; and said fees will be based upon the estimated costs for
the construction set forth in paragraph 6 below.
6. The estimated costs for the construction of Wilds Parkway through Outlot E is
Three Hundred Twenty-four Thousand Three Hundred Seven and no/1 00 Dollars
($324,307.00).
7. Paragraph 7 to the CONTRACT FOR DEVELOPMENT is amended to add the
following Section 7.3:
The Irrevocable Letter of Credit in the amount of $695,187.73 provided by the
Developer to secure compliance with the terms of the CONTRACT FOR
DEVELOPMENT shall apply also to secure the completion and acceptance by the
City for the extension of Wilds Parkway through Outlot E to County Road 82.
8. In calculating any reduction in the Irrevocable Letter of Credit pursuant to
Paragraph 8 of the CONTRACT FOR DEVELOPMENT, the City shall include
the estimated construction costs for the extension of Wilds Parkway through
Outlot E.
9. The construction of Wilds Parkway through Outlot E shall be in accordance with
the engineering plans prepared according to City specifications ~d approved by
the City Engineer.
10. Grading relating to the extension of Wilds Parkway through Outlot E shall be in
accordance with a grading plan submitted by the Developer and approved by the
City Engineer.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF PRIOR LAKE that Addendum No. I to the CONTRACT FOR DEVELOPMENT of Wilds
2nd Addition is approved and the Mayor and City Manager are hereby authorized to execute this
document.
WILD2AMD.DOC
IN WITNESS WHEREOF, City and Developer have caused Addendum No. 1 to be duly
executed on the day and year first above written.
Approved by the City Council on the 7th day of October, 1996.
CITY OF PRIOR LAKE:
DEVELOPER:
Shamrock Development, Inc.
By:
Its Mayor, Lydia Andren
By:
Its President, James M. Stanton
By:
Its City Manager, Frank Boyles
APPROVED AS TO FORM
AND EXECUTION:
By:
Its City Attorney, Suesan Lea Pace
This instrument drafted by:
C~BELL,~TSON,SCOTT
& FUCHS, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
SLP:kgm
WILD2AMD.DOC
STATE OF MINNESOTA }
}ss:
COUNTY OF SCOTT }
On the day of ,19_, before me, a Notary Public, with and for
said County personally appeared Lydia Andren and Frank Boyles, to me personally known,
being each by me duly sworn did say that they are the Mayor and City Manager, respectively, of
the City of Prior Lake, a Minnesota municipal corporation, named in the foregoing instrument;
and that said instrument was signed on behalf of the municipal corporation and acknowledged
said instrument to be the free act and deed of said municipal corporation.
Notary Public
STATE OF MINNESOTA }
}ss:
COUNTY OF SCOTT }
The foregoing instrument was acknowledged before me this day of
, 1996, by and of Shamrock
Development Inc. a Minnesota Corporation, on behalf of said corporation.
Notary Public
W1LD2AMD.DOC
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