The URL can be used to link to this page

Home My WebLink About4B Final Plat of the Wilds 2nd AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: STAFF AGENDA REPORT 4B R. Michael Leek, Associate Planner Consider Adoption of Resolution 96-65 Approving the Final Plat of the Wilds 2nd Addition and Developer's Agreement. June 3, 1996 The purpose of this agenda item is to consider adoption of Resolution 96-65 approving the final plat and developer's agreement for The Wilds 2nd 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 requirement for final plat approval is a signed developer's agreement. The Schematic and Preliminary PUD and the preliminary plat of The Wilds were approved by the City Council on September 20, 1993 (PUD resolution 93-83) and July 19, 1993, respectively. See attached City Council minutes. The conditions placed upon the preliminary plat have been satisfied or will be accounted for in the developer's agreement and Resolution 96-65 approving the final plat. Engineering staff will be present at the meeting to review details of the developer's agreement with the Council if requested. The City Attorney has approved the development agreement subject to certain recommended changes. 1. Adopt Resolution 96-65 approving the final plat and developer's agreement for The Wilds 2nd Addition. 2. Table or continue this item for specific reasons as specified by the City Council. / l/ 16200 ~~~2CC~k Ave. S.E., Prior Lake. Minnesota 55t?2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER \ \ --------------..... Prior Lake City Council Minutes ~ 19, 1993 ) ~//- MOTION BY KEDROWSKI, SECONDED BY WHITE ,TO APPROVE COMent Agenda CONSENT AGENDA ITEMS (a) THRU 0) with the exception of item (e) which was removed from the agenda. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, th~ / motion carried (Note: Kedrowski abstained from voting on item (f). ,; 5. PRESENTATIONS: A. Presentation of Certificate of Appreciation to Kath Service on the Park Advisory Committee. Kath brams is a charter member of the PAC which was formed in 1988. ue to the demands of a busy schedule her resignation was accepte ast month. Parks Director Mangan gave a brief synopsis of Kat s contributions to the Park Advisory Board. Mayor Andren presen the certificate of Appreciation to Ms. Abrams. Ms. Abrams than d the Council and urged citizen participation on a volunteer bas' on the City's various committees and commissions. CeA.i:1...ti-cate of.. App;teci..aJ:1..or i:D Ka:t.he Ab/l.O/Tl;. 1'AC B. Presentation of Plaque Raymond "Smiley" Johnson. Public Works l' .Laque 1:.0 Director Anderson gav a short history of Smiley's tenure with the City. SmLLe.y. :JohnAon Mayor Andren pres ted Smiley with a plaque in recognition of his 26 on Re:tiAemen:t years of service. i1ey thanked the Council. C. Presentation Y Roger Guenette to update the Council on Economic R. ~ueneU.e Developm Activities. Business Office Park marketing, negotiations with E,OC ac;ti..vi..ti..e4 potential usiness office park tenants, and miscellaneous activities. City rp.e~. Mana r Frank Boyles introduced Roger Guenette who gave a brief revi of EDC activities, the marketing brochure, process used in f ulating design standards for the business park, prospective tenants, egal potential for an EDA tax levy and miscellaneous services provided to City staff. Discussion occurred with regard to renting space at the corner of 42 and 13 for a sign to advertise the Waterfront Passage Business Park. Council directed Roger to do further research on the issue as to cost and benefit derived from the sign for the office park. 6. OLD BUSINESS A. Consider Approval of Resolution 93-54 for Schematic PUD and Preliminary PUD; and Resolution 93-55 for Preliminary Plat and Rezoning for The Wilds Development. City Planner Graser gave a a brief overview of the request for the Wilds PUD and associated requirements which included a summary of the process to date and a presentation of a plat map of the area, and requested that Council delay approving Ordinance 93-19 for rezoning until the Metropolitan Council has approved the comprehensive plan. Discussion occurred regarding the amended Resolutions and ratification of the ordinance. Further discussion occurred on cul-de-sac maintenance responsibility, tree removal, wilderness easement, etc. RS 93-54 ptLe.L 'Pun and R5 9]. l' /l.e1.im 1'1..at CL ~E, 1Dn.iJ1.g toll. Wi...J..d.:J -2- Prior Lake City Council Minutes ~ \ MOTION BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE ORDINANCE 93-19 CONTINGENT UPON RATIFICATION BY THE CITY COUNCIL FOLLOWING ACKNOWLEDGEMENT BY THE METROPOLITAN COUNCIL TO THE METROPOLITAN URBAN SERVICE LINE THROUGH THE AMENDMENT TO PRIOR LAKE'S COMPREHENSIVE PLAN AND PUBLICATION. (Note, this ordinance will again be placed on the consent agenda for final Council approval upon ratification by the Metropolitan Council. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. (1R 93-19 MOTION BY FITZGERALD SECONDED BY WHITE, TO APPROVE 1li93-54 Schema RESOLUTION 93-54 SCHEMATIC AND PRELIMINARY PUD PLAN &'P/l.Ui.m 'PUD 'P1 FOR THE WILDS to/l. WLlcI.4 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. (A copy of Resolution 93-54 is on file in the City Manager's office.) MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO R5 93-55 t.O/l. APPROVE RESOLUTION 93-55 FOR THE PRELIMINARY PLAT OF tp/l.Ui.m 1'1at of- THE WILDS. W.i..l.l:i4 <A copy of Resolution 93-55 is on file in the City Manager's office.) B. onsider Approval of Resolution 93-58 Setting Forth Conditions of Approval for RS 93-58 t.O/l. Fi Plat of Hidden View. Planning Intern Jim Hayes presented details of the Fi.n.aI.. 1'1at ot. requ t and discussed a proposed schedule for the payment of fees. A short Hi..d.den.. View discussl occurred regarding future development of the outlot. Mr. and Mrs. alomas, owners of the lot to the north referred to as an outlot, were asked by ncilmember Fitzgerald if they understood the conditions of the arrangement. Mr. lomas stated that they agreed with all of the conditions as stated in the Resolutio and staff report. MOTION BY WHITE, CONDED BY FITZGERALD. TO APPROVE RESOLUTION 93-58 AND If. THORIZE THE CITY MANAGER AND MAYOR ~~~~ TO SIGN THE DEVELOPER'S REEMENT. Hi..d.den.. View Upon a vote taken, ayes by Andren, . gerald, Kedrowski, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 9: 10 p.m. Mayor Andren stated that Item C would be considered ahea Items A & B due to the fact that several persons in the audience were waiting address the issue. Council concurred. -3- , "\ -.. 011'-" V'~'.''''''''_''''~__''_~~''''~~.'~~''-''''''''' " Prior Lake City Council Minutes September 20,1993 A MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO OR 93-25 amend. APPROVE ORDINANCE 93-25 AMENDING PRIOR lAKE CITY CODE, SECTION 5-2-1 AND PRIOR LAKE ZONING ORDINANCE cnde and. jOrU.n.! O/l.di.rtan..ce NO,. 83-6, SECTION 2.1. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at: 9:45 p.m. B. nsider Approval of Variance Appeal by John Beaupre. Planning Dir tor Graser presented details of the request and reviewed the history of the s 'ect property, and discussed the fact that a side yard variance for long nar w lots can be requested on grounds that a narrow lot constitutes a hardshl when a dwelling is already in existence on the lot. Staff recommen d that an additional 3 foot side yard variance be granted. The applicant, Jo Beaupre, 5504 Candy Cove Trail, presented a petition signed by the 'oining neighbors who were favor of the garage. Mayor Andren entered t petition into the record. Mr. Beaupre discussed the proposed constructi and presented drawings of the site and the garage as it would appear atta ed to the house. A short discussion occurre regarding the setting of a precedence and drawing distinctions regarding ardship. Council also discussed the criteria for declaring a hardship and s ed that the adjacent home to the west should have a setback of at least enty feet from the common property line. Andrea Wiek, 15267 Fairbanks ii, had a question as to whether the twenty foot setback would affect their pr erty and whether the construction would affect their large maple tree 10cat near the lot line. Discussion occurred regarding damage to the tree. Mr. pre stated he had checked with the Arboretum and the University of Minne a as well as a couple of his contractors. Mr. Beaupre stated that their g ral opinion was that there would be no lasting damage to the tree, but they ould not guarantee it. Mr. Beaupre stated that he was as interested in pres ing the tree as the Weiks were. Discussion occurred on drainage of the lot. MOTION BY FITZGERALD, SECONDED BY WHITE, TO A FIVE FOOT SIDE YARD VARIANCE FOR JOHN BEAUP ADOPTING THE STAFF RECOMMENDATIONS 1 THROUGH 4 ON THE FOLLOWING FINDINGS OF FACT: * liTERAL ENFORCEMENT OF THE ORDINANCE WOULD CREATE A HARDSHIP. {john. Beau.p;r.e 4i..de SJcvz.d vaA.i..an..ce -6- ~ CONTRACT FOR DEVELOPMENT OF LAND IN THE CITY OF PRIOR LAKE, MINNESOTA TIllS AGREEMENT, made and entered into as of the..1nlday of June 1922, 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, 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 attached 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 The Wilds 2nd Addition subject to certain conditions including that the 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 final PLAT and APPROVED FINAL 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, Shamrock Development as the same may be from time to time modified, amended or supplemented. b. "Approved Final Plan" means all those plans, specifications, drawings and surveys attributable to the Developer and Public 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 attached Exhibit A. i. "Developer" means Shamrock Development . its successors and assigns. j. "Developer Improvements" means the construction work to be installed and financed by the 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 described in the Approved Final Plans. 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, 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, the Performance Bond or the Warranty Bond at least forty -five (45) days prior to its expiration. l. "First Completion Date" means November 1 1996 m. "Second Completion Date" means Septem ber 1 1997 n. "Irrevocable Letter of Credit" means an irrevocable letter of credit in the amount of S $695.187 73 (125% of Cost of Improvements) in the form of attached Exhibit B. 2 ., 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. q. "Permanent Street Improvements" means permanent street surfacing in accordance with the policies and ordinances of the City. r. "Plat" means the plat of The Wilds 2nd Addition compnsmg the real property located in Prior Lake, Scott County, Minnesota and legally described on the attached Exhibit C. s. "Policy Cor Private Development Projects" means the Policy for Private Development Projects adopted by the City Council and may be amended from time to time. t. "Property" means the real property, together with improvements, if any, described in Exhibit C. u. "Registered ProCessional Engineer" means a person currently licensed in Civil Engineering with the Minnesota State Board of Registration for Architects, Engineers, and Land Surveyors. v. ~'Resolution" means that certain resolution approved by the City Council for final Plat approval for the subdivision known as Wilds 2nd Addition 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 City as City may adopt from time to time. x. "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. y. "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. z. "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. aa. ''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. 3 ---..... bb. "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 the Developer's or the City's control. cc. "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 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. dd. "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. ee. "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 PLAT or transferred pursuant to this Agreement ff. "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 IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. B. Interpretation a. 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. b. Reference herein to any particular section or subsection hereof are to the section or subsection of the Agreement as originally executed. Titles in this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. c. The following exhibits are attached hereto, incorporated by reference and made a part of this Agreement as if fully set forth herein. i. Exhibit A - Cost of Developer Improvements 4 1, ii. Exhibit B -Irrevocable Letter of Credit iii. Exhibit C -Legal Description of Property iv. Exhibit D - Developer and City Cost Summary v. Exhibit E - Special Conditions vi. Exhibit F - Performance/W arranty Bond vii.Exhibit G - Developer Improvements and Completion Dates ~lit [xh,D\+ 1+ - f\~tj~deY\+t<^ \ S+l"ee+ L \" ~ ~+ \" ~ ~ .po , ~ c y 2. DEVELOPER IMPROVEMENTS 2.1 General Provisions a. Developer shall construct and install, at Developer's expense, except as hereinafter provided, the Developer Improvements, in accordance with the tenns of this Agreement, the policies and ordinances of the City, and all local, state and federal laws and regulations and the Approved Final Plans; including, but not limited to, environmental, zoning, building code and public health laws and regulations and in accordance with the plans, specifications, drawings and related documents submitted and. approved, 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 pennitted 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 Improvements, Developer shall provide the City with an executed copy of any contract entered into by Developer with a third party for the installation of the Developer Improvements. e. On or before the date hereof, Developer shall pay to the City a fee equal to.....6% of the estimated developer project cost as determined by the City Engineer to cover the costs of City in preparing and administering this Agreement. f. On or before the date hereof, Developer shall furnish to the City, the Irrevocable Letter of Credit required pursuant to this Agreement 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 5 Unavoidable Delay, consented to by the City in its sole discretion, shall constitute an Event of Default unless an extension of time is granted by City Engineer in hislher sole and absolute discretion. 2.2 Inspection and Testing Services a. The City, either utilizing the City's Engineering Department Personnel, the City's Consultant Engineering Personnel and/or Consultant Testing Services "construction inspection services" shall inspect the Developer 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, stonn sewer/ponding and street system 2. Documentation of construction work and all testing of improvements. 3. As-built location dimensions for sanitary sewer, watennain, and storm sewer facilities. 4. Coordination with testing company for soil and material testing and actual material testing costs as perfonned by City consultants or City staff. b. All construction inspection service charges for City Engineering personnel, City Consulting Engineering personnel fees, and/or Consultant Testing Services, shall be paid by the Developer to the City or, as directed by the City, to the City's Consultant within twenty (20) days from the date of Developer's receipt of invoices for such services. Failure to pay said invoice charges within said twenty (20) day payment period, may cause the City without further notice to draw on the Irrevocable Letter of Credit in the full amount of said invoices, at the sole and absolute discretion of the City. c. In the event the Irrevocable Letter of Credit is insufficient to reimburse the City for such construction inspection service charges, then the City shall have the right to deny building permits or occupancy pennits 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 construction inspection service charges together with the sums necessary to secure the Developer Improvements. 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. 6 _ ".___.w.,,,..-.-....,......~,,.....,,._,-~_,,._.. ,.,...,..._~...._...,,,;II. ,. '..."_.."".....___,..,~,_~.......~,........""'..._v.._._,.". .....0. ._, ,..... ,_.._."~......'.4........_.".~..:."" 1 . 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 Developer Improvements were completed in compliance with the approved final 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. 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 Agreement, 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 Occupancy 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. 7 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 and on residential lots to save mature, undiseased trees and vegetation on the property which do not have to be removed for installation of buildings, streets, sidewalks, utilities or drainage improvements, 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 Improvements by the CITY. c. After NOTICE to the DEVELOPER as described in Section 16, 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, 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 IMPROVEMENTS and DEVELOPER I~ROVEMENTS to perform all work and inspections deemed appropriate by the CITY. 3. DEVELOPER REPRESENTATIONS 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 8 I ~ 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 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. 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. 3.3 DEVELOPER agrees to hold harmless, indemnify and defend CITY, its Council, agents, employees and City Attorney 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 ofDEVELOPE~ its employees or agents. 4. OVERSIZING CITY and DEVELOPER agree that the DEVELOPER IMPROVEMENTS should be oversized for the benefit of future development. CITY and DEVELOPER agree that the cost of system oversizing to be reimbursed to the DEVELOPER is $.QJlil 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 (Multi-family) Collector Street Fee $3,500.00/net acre $ 0.1 68/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 calculations and/or determinations of them, as made by or on behalf of CITY to determine the cost 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 in exhibits attached 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. INSITRANCE 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: 9 I 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. 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 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 MAINTENANCE DURING CONSTRUCTION DEVELOPER shall be responsible for all street maintenance until the DEVELOPER 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 REQUIREMENT 7.1 The DEVELOPER shall deposit with the CITY an Irrevocable Letter of Credit in the amount stated in Exhibit D. 7.2 a. All cost estimates in Exhibit D shall be acceptable to the City Engineer. The Irrevocable Letter of Credit in 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 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 September 1, 1998 10 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 expiration dates with a final expiration date of September 1, 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 Agreement; including but not limited to any and all conditions of the Resolution approving the final PLAT. In the EVENT OF DEFAULT, the CITY, after NOTICE as provided for in Section 16, may draw on the Irrevocable Letter of Credit. 8. ACCEPTANCE OF PLAT AND DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS CITY will accept the PLAT and DEVELOPER IMPROVEMENTS after it has been completed in accordance with the provisions of this Agreement and based on the terms and conditions set forth in the Resolution 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 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. Prior to acceptance of the completed DEVELOPER IMPROVEMENTS by the City Engineer, DEVELOPER shall furnish to CITY an Irrevocable Letter of Credit guaranteeing satisfactory performance of the DEVELOPER IMPROVEMENTS in an amount equal to 25.% of the original cost next to THE DEVELOPER IMPROVEMENTS. The 25% Irrevocable 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 IMPROVEMENTS can be reduced to 5% of the original cost of the DEVELOPER IMPROVEMENTS to be completed by the First Completion Date plus 125% of the original cost of DEVELOPER IMPROVEMENTS to be completed by the Second Completion Date, after acceptance of all Developer Improvements to be completed by the First Completion Date by the City Engineer in writing, and by providing the CITY a Performance Bond or a Warranty Bond from the Developer and its contractors in an amount equal to the cost of the DEVELOPER IMPROVEMENTS to be completed by the First Completion Date. All punch list items related to the First Completion Date must be completed before a reduction in security will be considered. B. Irrevocable Letter of Credit-Second Completion Date. The Irrevocable Letter of Credit guaranteeing satisfactory performance of the DEVELOPER IMPROVEMENTS can be reduced to 5% of the original cost of the DEVELOPER IMPROVEMENTS after acceptance of all DEVELOPER IMPROVEMENTS by the City Engineer in writing and by providing the CITY a Performance Bond or a Warranty Bond from the DEVELOPER or its contractors in an amount equal to the original cost of the improvements which shall be in force for one (1) year (the "Warranty Period") following acceptance of all required improvements and shall guarantee satisfactory performance of such improvements. All 11 ~ ~ 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 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 under this Agreement 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 IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers on all DEVELOPER IMPROVEMENTS. 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 injury to or death of any person occurring at or about or resulting from any defect in the Property or DEVELOPER IMPROVEMENTS. 10. EVENT OF DEFAULT 10.1 Whenever an EVENT OF DEF AUL T 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 securities including but not limited to the 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. 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. 12 1, --....... ~ 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. ASSIGNMENT 11.1 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 Agreement or in Developer without the prior written approval of the CITY. 11.2 The DEVELOPER may not transfer or assign this CONTRACT FOR DEVELOPMENT 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. 12. PERMITS 12.1 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 APPROVED FINAL PLANS submitted for review, approval or permitting such changes shall be deemed by the CITY to be incorporated into the APPROVED FINAL PLANS unless otherwise agreed to by the CITY. 12.2 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. 12.3 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. 13. RECORDING 13.1 This AGREEMENT 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. If there be more than one developer, references herein to DEVELOPER shall mean each and all of them. 13.2 All recording fees, if any, shall be paid by the DEVELOPER. 13 ~ 14. NOTICE 14.1 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: 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, Esq. Campbell, Knutson, Scott and Fuchs, P.A. 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 Phone: 452-5000 If to Developer: Jim Stanton Mary Dreier Shamrock Development Inc. 3151 Wilds Ridge Prior Lake, MN 55372 Phone: 421-3500 14.2 Unless otherwise provided in this Agreement the Notice period shall be fifteen (15) calendar days. 14.3 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, 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. Any extension granted hereunder shall be in writing. 15. MODIFICATIONS OR AMENDMENTS 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. 16. PROOF OF TITLE 16.1 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 14 . 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. 17. 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 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. 18. HEADINGS Headings at the beginning of paragraphs herein are for convenience of reference, shall not be considered a part of the text of this Agreement and shall not influence its construction. 19. 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. 20. 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. 21. 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. Approved by the City Council on the 3rd day of June , 1996. By (Attorney) APPROVED AS TO FORM: CITY OF PRIOR LAKE: 15 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, ~ 55372 16 T' ~ NOTE TO DEVELOPERS: Any costs whether a bid or estimate, as set forth in this AGREEMENT 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. Developer: City of Prior Lake: Frank Boyles, City Manager Lydia Andren, Mayor Reviewed for Administration Larry Anderson, City Engineer Reviewed for Form and Execution Suesan Lea Pace, City Attorney . 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 3 ( day of fA Q ,'I ,1996, by _ 3Q (\-t ~ 5tDt~1oN and by , who are the_ ~ t e S I c;U '" "t- and of Shamrock Development a Minnesota Corporation, on behalf of said corporation. e ERIC J. STACK NOTARY PUBLIC - MINNESOTA SCOTT COUNTY Expires 1-31-2000 ~3I~ Notary Public 2 5-23-199610:18AM FRCM PIONEER ENGINEERING 681 9488 P.2 . ~~ EXHIBIT A 810 FRCM: S.R. WEIDEMA. INC. HE'WiLDS2ND ADDITION RI~ LAKE. MN AY bn SS6 I . -_.. ...-1- 1 1 I LF I 4.00 I LF' I 16.00 ! LF 1 2344.00 I · L~ s=- Pvc SCR ~12-{.' L= 1218.00 I ~ SWR WH 10 . EA 17.00 I aVFSAN SWR MH 'EXTRA oe? :vr: 30.99 i I 78"" X." pvc WVE EA 29.00 I I. -at:F'4= PVC'SOR 26 SE!'lV ?IPElF 1-4:!0.00 I I 9 CY G~AN ~OUNO Cy 600.00 : Ie CONN TO EXIST -"a! 1.00 I .. -.: 1 ~Ssv.,R -TEST _ ~ , . 00 ~ : ~ '~I. J\TERMA'N I I r 142 IF ~ DIP Cl 52 LF I 548.00 I 13 L~ s- D1P-Cl52 ~ S81.CO I ,4OiFiT-nNGSu. LSS 1105.00; L_YG-rev~\I!;.~. ecx SA 1.00: 1 15 B"~TE VALVa. BOx ~ 7.00! ~6 FiRE HYCR~r EA 11.00, ; 1;'fj.. X~.. CORP STOP EA 29.00 I r I 18 Ij- CURs STOP & SOX SA 29.00 I r 19"" ~PPERSei:Mcs PIPE i'Y LF" I 1:::60.00 i j-'2Q EONN' T~ST EA h 7.00: 21 Cy GRA~f9~!4D CY 210.00' 22.2'" RIGln INSULATION SF I ~12.CO I 23~ TESi lS I 1.001 24 S~~VICc SACClES EA I 17,00. ,5 S" :xs- WET TAP EA I . 1.00 I r' --r-- '~.' ". -t I I ~ -1--. -__ .1 I I STORU SEWe:~ 1--_ j I ~TiC.r~1..so-1C' ~I 1001.001 27 ~, S" Rei' CL S 0-10' LF I 440.00 i 2SlW'RC? Cl S 0-10' "'tF I 376..00 i 30 ~4~' R~ c~- ~ r 7'~.OO I 31 2." RC? C~" 0.10' IF h ~.oc J 32 24. ~CJl C;l.. 3 0-1 0" AR~. IF . 55.00 I 33.27" RCP CL 3 C-1a u= 311.00 I I ~4~RC;>~10' U' J 325.001_. 35 Rc.r 0.. 3 0-1 a LF I 346.00 I Tl /12'" RC? C~ 3 1 O-~C' J..F Bi-'OO I t. 38'~? ~Ci1'~20. fr'.' 35.00 I 3914r M~ _.. . '~~I"OO . L ~~O" )AH . EA 1.00 I ~~ r\-., PAGE 1 ~~:-a~ eeL ces r .1 " ..- 1 I .~ . I I . ~ I I I FiNAL CR!PTJON -IUNIT I '1 - '.. QUAN FINAL ato EXTENS10N I .- - -- '1 I t r I 25.:0 I 5102.001 25.151 $418.40 I 16.05 I 537.621.201 17.50 S2'.3'5~'CO 1280.00 \ $21,750.00 n .00 I S2.386.23 t 31.40! $910.50, 11.10 ,- S1S.373.00: 0.01 I S6.CO I 329.00 ! $329.00 I ~011 S~.01 i -- r $100.721.441 I' .----..J 20.8! I $11.384.10 I 20.50 j $13.SSC.SO~ 1.88 r S2..onAo; 576.30 I ss763Cr 373.15i S2.612.05! 1~97.OS I S'S.1S7.S5 ~ 29.2S , $285.65 ; 7e.80' 52.227.20 12.20 i $16.592.00 I 190.00 I S 1,330.00 I 0.01 j S2.10; 2.45 I $1.2504.401 0.01/ . 50.01 I 37.75 I $641.i51 1s.6.00 I .$1,546.00 j I ! .+ S70A37_01i 28.12' S28.1~8. 121 28.~!1 S12.7.cs.8Ol 31.421 511.813.921 35.471 S2S.32S.sa I 42.27 $1.SsO:BQi 48.SO I 52.SS9.S0 J 38.12 i $11,855.321 46.321 $15.100.321 61.171 121.164.821 85.821 58,496.181 102.32/ $3.5B1.20 1079.85 I $1.079.85 . r 2OSB.85 I 12.0SB.85 P.3 , ~; 5-23-199610:19AM FROt'-1 PIONEER ENG I NEER I NG 681 9488 SID FROM: S.R. 'JVelDEMA, INC. EJ\ ~ EAI ~._"[ ~I !AI EAI EA ~ EAI l;A1 SA EA" 'EA CY 'cY ~ 41 &r'MH 42 17 MH '3 r"lr MH Liz;..' CS 45 I2'X J" BOX CS 46 '46"" CBMM . . 47 S~.. caUH .----.---.-..... .'''' 48 8a- CSMJ04 4988=CSMH -. . _., .- '5C1Si=ecNTROl STRUC-r 24"' ~Cl'1 F.E.S. wrr.G. rze.- F.~.S. WIT.G. S2 - FES WITG 53 :.tS- ~S WrrG s4~R-R Cl J Vlii'GRAN FOUNO'-- S5 PIPE aeec ~ ExOEP MH EXHIBIT A 1.001 1.00 I 1.00 I 1.00 l -"u6~OO i 6.001 3.001 5.001 2.001 1.001 1.001 1.00 j ......[001 1.00 I 27.801 375.00 I 7.S7 ! 2464.3Q I 52.4.64.30 , - ~;~:~+. .......=.~~:~i~:~:.1 612.80 I $612.80 I , ~ 6~~~~ t .. '-.. .~:.~~~.~~~ 15'8.15 I $4.554.45 i H51S.1C I 18.075.50 I 2207.751 $4,415.501 2723.351 $2,723.35 I -'--1 896.25 i S8S6.25 ! 9:36.20 I S9~.20 I 141'.35: S1.411.35i 1749.50! $1,749.50 \ I 52.70! $1,4S5.~ ._ __ 8.60 I S3.225.00 188.40 $1.445.03 I I .___.._, -r-'- $196. 7Q.8..:?.QJ , I 0.10 \ $1,712.20 I 6.00 I $40,586.00 I 2~.411 $43.883.061 1.53 I $833.25 : 24.3B I $23.282.90 I 8.42! $4,831.00 5.45 524,852.00 J 6.121 $'4.216.76 r , .84 t $.3,755.44 ! 7.52: S 1 .992.80 I 3.78 : 58.5.23.90 I 5.00' $2.280.00 I 102.00 : _n.. $i 02troci'1 j iRe:; CONsiRUCilCN I ~ 57 {U8GQACE PRE? :y I 171' Z2. 001 L._~~~~~~SE ClS ,~~% _. ..__. ITNS \ 6781.00\ L-1~IL~SE rrNS 1886.CO I I so ~ ACX COAT ,G.:.L. I 545.00 ; 1-!~e:AR -rrns 955.00 I S2CCNC c~~~~.~Uij l.F 550.00 : L_~~~~co.~CC&G LF I ~O.oo: I 54 MCUNT.c~G LF --.t ~~_;po: I 6~~' X ~ CONe ~ LF 204 '.00 i I 615 SANO o..;::SH FOR SW S 255.00 I It 57 8' x 'Z" 81T TRAIL . [F.... . '2255.00 I . sa ~GG SAS"E'FORTRAiL- . -frNs I 4Sa.OO I ! !is PEa R^MP 'E.A I '0 00 I 70 eACXFIlJ.. r71seoee: n ~CJU:ST 73 IACJUST 7 A iAOJUST ---- 7SSAWOU 76 CONe v I . -'j'- -l.-..- I 1 -.- I ~ I. - ~- 'c:z.G LS 1.00 I 0.0" , SO.O' I HlNC 6ACX OF CURB SY 2579.00 ! 2.04 ; 55.261. 161 ca~T EA ';'9:00r-" 45.901 san. 1 0 I MH c\sj EA I 27,001 1-40.00 i 13.780.00 G.\TE VP.l..ve.- ..-- -'i;\-' 1 ~.oo : 120.00 I $1.880.00 rarr PAve IF 31.001 2_55 $79,05 ALlEY CUTTER LF -~~~420.00! -., '224 S5.140.80 I I I I I S188.2B3.0~ - -...-........ I I I -. S1co.n1.44 jTOT AL S~lCN A . SAMtARYSEWER- S10.~7.01 .~..[QI.~~~e:]10N B - WAlrERMAIN _.___ - S1S5.7C8.70 ;rOT Al.. SECTlON C . STQRM SeWER s, 88.283.03 iTOT AJ.. SECnON 0 - STR== I 5 - ------ . . ... .....--.,.- I I . __.._.!SSi5.1!O.18! (rOT AL Of; BJDiFtNAL r . PAGE 2 ~ 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 Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. Unless otherwise stated, all documents are to be forwarded to us by mail, or hand delivered to our customers. Documents to be directed to: (Bank name and address) We hereby engage with drawers andlor bona fide holders that drafts drawn and negotiated in conformity with the terms of this credit will be duly honored upon presentation. (Bank name) Authorized Signature Authorized Signature 3 EXHIBIT C g ~ > IS ,~ ... 1JI Sq; . !~ ~ 2 6 I ... J ... aaaa~~~ ~~~~~Q~ ~:O~~"'N- \:~;:t~"'1 ~O! ... I '... NOO- ,. ~~ ~~.~ !!~~.~~~ ~-cI~~~~ ;!~~ . 3:; . ~~ !l"~ i 00 ~ ~ ~ ~ ~ ~ ~ -3 ~ Wo.i MA TCH liNE ~ ~ ~ ~ Ci:) ~ b ~ ..... ~ ~ 5-23-1996 8:06AM FROM PIONEER ENGINEERING 681 9488 EXHIBIT C Lot Block Area Total (sf) (sf) 1 1 24,256 2 1 20,560 3 1 19,792 4 1 21 ~ 140 5 1 18,368 6 1 18,368 7 1 20,601 8 1 21,139 9 .1 19,494 -- 10 1 17,493 11 1 18.373 12 1 18,527 13 1 22,058 14 1 16,480 15 1 17,945 16 1 28,055 17 1 28,030 18 1 23,596 19 1 16,555 20 1 14,044 21 1 13,891 418,765 ] 2 15,947 2 2 15,981 3 2 17,299 A"" "'...,..., . " ," I ., 1 3 27,172 27, 172 .....M". _,.",." ......L. ", ........,~'"..~."~.."m~....._~~..~_>...".,.'.,.^""",_,~".." ~,. .., _...........-".."""'~..'."..4~_, ...".. ~q 22.-, J ~eo~h~t 5-\-o.\-;cl\ P.2 , ~; W \ \~S 1.. N () A cL\ r,1- ';o~ 4\e 16tJ" , ~~ ) 1~ 7 4~ 1 q ~ 1- T()\-~' 1 Pr (' e e..- \l\. 5~u..o..{'e fe.~ 5-23-1996 8:07AM FROM PIONEER ENGINEERING 681 9488 EXHIBIT C Area (ac) Total (ac) Outlot A 6.8020 Outlot B 0.9240 Outlot C 0.1030 Outlot D 0.0416 Outlot E 24.6780 Outlot F 0.0004 25.747 w~ \65 ~ec.e"' Y\d P.3 . ~ Ac\~~+-Io~ EXHIBIT C NOlE: PREUMINARY Sub ject to revision without notice. ~ r' ~! ~r! if 'r' ~~ f f: if II ~i 'i ~..ji~.t i i ~ '..~ It ~ } ~ !i~~!! ~ ql [=: if I il !l ~ .. rhJ i i ~ · Ii fl ! [, l'IH- Ii Iff i:f - ~ fl f~ ~ la il f~l i Ii it. J rl ~i : l~ .1 ~p1~ 1 t . J '" 11 j ~w it r .. ~ t~ ~ 1 ft JZfl' t I".! f i iJ 11 · fr ~t ~s It: i · t1 f - 1:1 u.. J a ~l .fl Ii l! hp il ~ I ! ~ 1= i ~, U J sl Ij" P I I ~~ 1 ~l 'J .... :aJ=:..! lrt f .. J Jtlf! fll" t - I~ · .i I . - 0 1 ~1 if 1'1 i 1 J ~ 1. P .t iil fi I So r~ If; f .~ .~ i j a 1 i ~f 1 Ii I 1 rIa i h ; ~! r ;..li~ i J I H f I ~ c ~I j ; if'".: ; J r~!h c i 11 i j ~ ! r r 1 ! i ': l ~ ~ Ii I r Ii t. f j ~ 1 ~ 1 ~ .,. ri ~ f ~ n ~ ~ ~ I' co fi ~ ~ ~ ~ J ~ l g g I == t ~~ '.t ~ ~a ~j i 1 ~ ~ ~ ; ~ iI !~ } ~ . ~ f ~ II i f s 1- I i i d i I .0' I 1 ~ :- ,... - cf t1 I i ~ [;[ I! f [. ~ I 1 "r :r 5 f f 11 i ~ t H ~ " , I j ,! 1 I 1 It. 1 -, , I 't ;r t I I .t I I I 1 8 j I t. I .t ~ i .t i ! So i J f I ~ t ~ ~ I ... i I ~ I I l I r i I J " 1 l I 'I f , ~ t .t c . l I I . a q . I. - 1 ~ I 3 I I I I ~ I 5 : g I ii I ~; I =1 I ;;~~ I '16 I ;:i: I 9-J I ~~ Ii r" I~ a; I ~.; I t:) I I I ~~ I ). I ~~ I ;1 (., : i~ ~.~ I . sa I /1 c, '/ ( EXHIBIT C o 2 6 -t > C') _00 ............... --T--1", III ~ - - J := .:~, I '::;-. i . --, '" i "~- f ;: ',__ ,_ i~ : -:~ i: ~ <.:' --t--- ~ ~ 'Ii L - - i '_'" I ~ !~~ r-:: "-'" : 'to- -, l' -7,_ I ~ ..So" I ...~C'. 111 -:~ I "v ~ ~ I . /.. ----L- .. ~ L_~ __ "'~ _, " !~ "'2! !!l ~ 2~ Cl ~~ ~ ~~ ~ a~ ~ ~:4 ~ ~~ .Ii )OJ! z iIli '" i~ !il8 i~ ,:~ ~j ,. ---~: {--- 1F5";;:!-Qi'f ;~r. JI~ 3 I ~)ttl ~ I ~ 5' 5:'" : 3 ~ 1 ~~3~ !"'. ""'I s-l,l ~! i~ I I =1 .--:J ;:. !l~1 1~ ~!.f!l ;: i~{~ ,. - tI!~... 1~ Ai I ~. II I . ~~ h -' = i! s~ ~~Qi~ I: i j. t!;if ~!~i; .!. H lf~~7 iJft !s-it 0-: q fP'l i-Ij -, ~ t;;j ~ ~ ~ t::3 ~ ~ ~ ,.,. _11 4G"t ...... -..rc 1. / ....,. I r " -... ~ I - , \i~ \ a~~!l, I 11I~ \ /_--_, ~:i! I \ \/ ;13,1 I I ~If f I ' I., i \ !! , ,.. - : !: III " '. I I l ~ ~'ija I /: I. I I / ,----" : ~~1 I Jd; ~ : ii,' / ~ : \~ I I 2 I :' II" I () 6 I / Is. '/ ''I ... ,=1 / $ l.u I 1"'1 li~ " ~ H.-1-~~~-~;~,...li ...sa r'---- ....!.!!.!. ,",,_ i~ll I - il I .;LL \ _ l' _-3.~~'!,~_;; IDlJ"'Inrt \ 0.:. ;:-- - ~.... ---1~""~ ~'r-:r '-1. I - -7J~. .~~q~ I _ -.J) ,IJ / ... /'" ." / y~ { / / ,,/ _" ,I \ / J'qi ~~t.?{\ \( / }'1 /~~ ,\\ I // I':; \\ \ (' '<\ /./!.;~ ~~ I \ ~ \ \ ~\y";.f-."// / ~ a~1 \ 1..~, . \. I ~ "'.., .1 ~Yvf,~0~~~.A) '1 IS ...~~ Ii · \ · ,,<,fj.....'9" I ~gl h i \ \~ l i~ .. \ ~I / \ 5~ ~ ~\. II I \ Cl~ ~ I \ ;! I l. / I ) ( ,I ~ f !2 ~.n. !!IJ ~I i~ lIli ,.. ~ :/; I ill 5 ~ \ I~ iI, ! I'). I I ~2 r \ z~ Q. I \ ~; r\ I " ~~ I ,. \ I , I ~ " ~~ i i g qiHi I~Ii: I...!' _ 'hj1 f~;o: '-_lilt OJ''" 'f 1'"11 3 1r .. lih .. ~J f~J.3" ~I . (-Ii I~ L .J _ ~~ r "1 - fIl~ I ~c: L.. IE : S~ I ""-l1-~.Z ~g.l:1 ;}~; i: ~;=-~ 1."'!.~'3 l~io:3P ..~ -,.!..... _I S '!c;l'} II! ai-' a. " ; H[i ~l UJ 0 . ~I" 3: f-I~ is 1i" ii II Ii II e .. ~ I!i II~ 'I~ '!I ~ !II J II I r . ! ., EXHIBIT C NOTE: PREUMINARY Sub ject to revision without notice. 2 6 ~ m ~ bti ~ ~ ~ ~ ~ ....... ~ ~ _ WATCH UNE A SEE SJojEtT 2 OF' 4 _ ~I Ii \ \ I I ~ I I I I '" ~' \ / ......----- ; E ---- ('", \ \---~ ~- ..~:J-: ~e,:.,~ -- "'- " (.) 1,\ \../ r---= - - J - - - - ;r - - ~ ~ :; c, ~ ::s \,t",....: ~ ...,- ;If ~ I "~. t ;: :. '.}~ - I S 1.0 I .,' II 4. I .', I 5!~ .... I' '. I '... I ~ i~: ~--:, ._. , ^~-t~-~-i ~ ~: ""'7, 1! I \t'.;,... i "~t";'''.1' ~'7>. i ~ L__ __~__ __ ~ 'IIII!S,- \ ...,... UItI (:# C1U1l.01' 1_ ~, ... IIG.G7 JI&" / t 8" .. IIIr4O'IZ"W I ~~--" 'i~ i54 ~H C::"T"C>Cr:-"'- l~ f'f\ C)I""\ >,,...,' ;J ~; I ....-.cnror /"'-r---~--______'::::....!.../~~L- I ,'-'V. I\LI. "L... I !" ...--~7.17', ,/ a -----------../-----~ , , }.... a " ~ t~ ,~, ~- ~p~ ,~j ~ !IS~ ~ J EXHIBIT C _!IIJ"S.1' .....-r OOI"'~> CII C':l . , i · i I , ............ - IIATCM UN! a SEE SHEET J OF 4- _ - - II III / ISI~ I ~I I / / - - - - - - - .!!!"..!!l"W .J /.. / ......- - - - - - - - I -......~" i /oi} I < .... co. 0 A. I '\. .. ... "" '''~1.. I ~~ ",:",~. I ~.~~ \" . "). :.,~~., '\ _-------r;--- I ~ '\. ~~,l \ .....~...._-----!!~l---f--~ ~ - "":0:1 , CIA .> ~ - ~.- I i: ---_.~ . ~ '.x... ~.,ify .. - - - - - r r- - - - '... ---- \ .J':s.~4J! ....../,.~. .,; \ I - - -_i: 1I~'Io , -..;..... ~/ ..J ~/J~<> ~o" \1 1 I'. i. ^~ C: II I I / 11 "^ ' ;& ~I .....,>... 7)/'~ ~ · ~~>. i , ' , Ii ,\, I '0;0" ~ - , 5(-. '\. :: '\.,,~ : : 'f...~ ' I ~~~...:. I '\.~, -( ~ ~ "'_0' 0', r-\ \ \ \ \ \ \ ~~ \~\~ \ \ \ \ \ \ \ ' \ I.Jl) j'.' . ,"-, II · , I II I 1'1 I II I !"I ~~/.., lir 1/1 1'1 I II 1/1 1'1 IIJ (J <'.... ,~ ~. ,JI €~I ,6!:1, i , !~I ,1"12.t7 q , trl!i:~~~11 <- ') II-iH~1I . I III I'; e!. ~\ 1'1 I! I ~ \-. ~j IL t ",,-;:~"!:Z ~~I:I. n~; f:. J;;~ a-l('ti31" I ~ t~ f ~ l ! "'I~ -riB ! 'J. - .. -"! alii. SJo: !~(~ it 1l:1~ i~ J;fi 1"' "f \' \ g- S~ / ..."' ...- () 8 6 -t l"t ....... -, J!i J I! 'h !ff . ~ ~d i i~ I r \.~"\ ,.... ..., I. L La L____ 10~ is I 1-...J e .. ~ .. ! ;;a NOlE: PREUMINARY Subject to revision without notice. -I !~ ~ t:t.:i ~ ~ ~ t:::; ~ ...... ~ ~ ): . ~. EXHIBIT D DEVELOPER AND CITY COST SUMMARY The following is a summary of developer and City costs for The Wilds 2nd Addition . The net area of the final plat is 467,992 square feet or 10.74 acres. DEVELOPER COSTS 6% Administration Fee Trunk Sewer and Water Fee Stormwater Management Fee Collector Street Fee Improvements to County Road 83 Traffic Signs $33,369.01 $37,590.00 $78,622.66 $0.00 $21,480.00 $700.00 DEVELOPER OWES CITYrrOTAL $171,761.67 CITY COSTS Storm Sewer Costs (Trunk Reserve) $196.708.70 CITY OWES DEVELOPERlfOTAL $196,708.70 The following is an itemization of the project costs: Sanitary Sewer Watermain Storm Sewer Streets and Sidewalk $100,721.44 $70,437.01 $196,708.70 $188.283.03 TOTAL PROJECT COST $556,150.18 WlLDS2N.DOC WR.DS2N.DOC EXHIBIT D DEVELOPER COSTS Determine 6% Project Administration Fee: TOTAL CONSTRUCTION COST Developer 6% Administration Fee: 6% of$ 556.150 18 Determine Amount of Letter of Credit: Project Cost Total 125% ($ 556.150 18) Determine Developer Trunk Sewer and Watermain Fee: (Trunk Water has already been assessed) Net lot area is lJ111 acres $3,500/acre x l.!1.H acres Determine Developer Stormwater Management Fee: Net lot area is 467.992 $0.168 /sq. ft. x 467.992 sq. ft. sq. ft. Determine Developer Collector Street Fee: ~ $556,150.18 $33,369.01 $556,150.18 $695,187.73 $37,590.00 $78,622.66 The plat is exempt from the Collector Street Fee because the developer has assumed all fmancial responsibility for the construction of Wilds Parkway which serves as a collector road for The Wilds PUD development. $0.00 Determine Developer Costs for Improvements to County Road 83 10.74 acres x $2000/acre $21,480.00 Amount Developer owes for Traffic Signs: 7 signs @ $lOO/sign $700.00 wn.DS2N.DOC . EXHIBIT D CITY COSTS Developer's Storm Sewer Cost (From Exhibit A) $196,708.70 TOTAL STORM SEWER COSTS $196,708.70 ~ EXHIBIT F (1) FIRST COMPLETION DATE Bond No. PERFORMANCEIW ARRANTY BOND KNOWN BY ALL PERSONS BY THESE PRESENTS, that we (principal) and (Surety) are held and fmnly bound unto the (Obligee), in the amount of_ and -"100 dollars ($ ) for payment whereof Principal and Surety jointly and severally bind themselves and their respective heirs, successors, assigns and legal representatives frrmly 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, _ Sanitaty Sewer. 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/W arranty 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 wn.oS2N.OOC . ~ 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. F or purpose of this Performance/W arranty 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--4 In the presence of: Principal By: Surety By: Attorney-in-Fact wn.DS2N.DOC EXHIBIT F (2) SECOND CO:MPLETION 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 --1100 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, _ Sanitaty 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/W arranty 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, wn.oS2N.DOC . I ~, 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. For purpose of this PerformancelWarranty Bond, Principal and Surety agree that in the event that any Public Improvements are damaged, the burden shall be on the Principal to show that such damage was not caused by Principal, its agents, servants, employees, successors or assigns or by any contractor hired by Principal, its agents, servants, employees, successors or assigns, or any subcontractor hired by such contractor; Any suit under this Bond must be instituted before the expiration date of two (2) years after the Completion Date; No right of action shall accrue under this Bond to or for the use of any person or corporation other than the Obligee, its successors or legal representatives. Any notice required hereunder shall be deemed properly served when deposited in the 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 WJLDS2N.DOC . 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 Cicy 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 biiling 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 r.hnse already in place. In \,;ases where deveiop~r:i wiSh.to :nsmll mo~. lights than warranted by City policy. or wish :0 inst<:1:1 :1on-5t.::.r.::.::~d' . lights. monthly operation :md maiuenance- b;:~~o-r.les th~ r~spf)nsibi!ity of th~ developmem' s resid~nrs thro~gh ,h~:; homeowner's association or simiiar or~:miz~t1on. The Cicy will nct :ak~ over such nun-staildJ.rG systems. though: .. City approval shall stiil 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 bene tit of such installations ~xtends to the City as a whole. these will be done at City ~xpense. 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 gre:lter 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 gre:lter 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. Tne 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.