HomeMy WebLinkAboutInvoices & Reports
THE FOLLOWING IS A LIST OF INVOICES SCHEDULED
FOR PAYMENT ON TUES. JULY 02, 1996
MISC. DEPTS.
Cigna Insurance
CUI - Career Temps
BT Office Products
Northland Business Systems
Prior Prints
Amoco Oil Co.
Catco Parts & Service
Finova Dealer Services
Northern States Power
Minnesota Valley Electric
Long Term Disability Ins
Temporary Help
Office Supplies
Office Supplies
Maps
Vehicle Maintenance
Maintenance Supplies
Equipment Rentals
Utilities
Utilities
GENERAL GOVERNMENT
PL Chamber of Commerce
Subway Sandwiches
Cartridge Care
Assn of Metro Municipalities
Boarman Kroos Pfister
Action Messenger
Campbell Knutson Scott
Popham, Haik, Schnobrich
St. Paul Pioneer Press
Connie Carlson
Sensible Land Use
Hart Forms & Systems
Index Computer
Modem Computer Systems
Alpha Microsystems
Clary Business Machine Co.
Sharp Electronics
Epic
Interim
Lakefront Days Refund
Meeting Expense
Fax Supplies
Meeting Expense
Professional Services
Messenger Service
Attorney Fees
Attorney Fees
Want Ads
Meeting Expense
Seminar Fees
Computer Supplies
Computer Maintenance
Hardware Contract
Hardware Contract
Building Maintenance
Copier Lease
Consulting Expenses
Consulting Expenses
POLICE
Prior Prints
American Linen Paper Div.
Uniforms Unlimited
Kapak Corp.
Carol Goracke
Steve Schmidt
Comm Center
Cole Publications
Printed Supplies
Operating Supplies
Operating Supplies
Operating Supplies
Mileage
Meeting Expense
Equipment Maintenance
Publication Renewal
FIRE & SAFETY
Metro Sales Inc.
Jordan Fire Dept.
MN Fire Service Cert. Board
Air Touch Cellular
Dave Chromy
Emergency Apparatus Maint.
United Fire Fighters
Copier Supplies & Maint.
Training
Recertification Fees
Telephone Service
Convention Expense
Vehicle Maintenance
Association Dues
236.80
2,446.54
109.84
310.72
200.33
80.77
407.04
65.71
6,760.50
470.40
1,630.85
116.73
150.17
50.00
283.75
18.70
15,532.18
184.32
650.91
34.35
25.00
110.23
127.50
156.05
590.00
55.00
665.08
413.24
1,700.00
25.56
124.07
621.97
161.56
37.20
19.85
64.26
234.47
206.77
30.00
275.00
61.79
283.69
7,684.19
30.00
BUILDING INSPECTION
Benchmark Homes Builders Deposit Refund 1,500.00
C & M Home Builders Builders Deposit Refund 1,500.00
Deutsch Construction Builders Deposit Refund 1,500.00
Thomas J. Mauer Builders Deposit Refund 1,000.00
Northern Classic Homes Builders Deposit Refund 1,500.00
Budget Exteriors Builders Permit Refund 27.83
Shakopee Towing Vehicle Maintenance 30.00
Quinlan Publishing Bldg. Permits Law Bulletin 69.78
PUBLIC WORKS
Maier Stewart & Associates Engineering Services 879.93
Prior Lake Amoco Vehicle Maintenance 23.00
Wreck - A-Mended Vehicle Maintenance 175.00
Finova Dealer Services Copier Lease 199.84
Toll Gas & Welding Cylinder Lease 172.50
RECREATION
Conoll Perrin Park Program Refund 22.00
Susan Alan Park Program Refund 44.00
Kathy Bachelor Park Program Refund 22.00
Prior Lake Open Park Program Refund 900.00
Adam Tillotson Dance Recital Expense 15.00
Lebo's Dance Supplies 53.56
D.S.Toy Co. Playground Supplies 2.50
Caari Schmidt Mileage 11.47
Subway Sandwiches Park Program Expense 31.95
Minnesota Sports Federation Park Program Expense 1,140.00
V em's Candy & Vending Concession Supplies 379.40
Pepsi Cola Co. Concession Supplies 435.08
Lisa Conlin Dance Instructor 621.50
Katie Forberg Dance Instructor 84.00
Rheann Colling Dance Instructor 26.00
Colleen Tague Dance Instructor 105.00
Elizabeth Mullin Dance Instructor 39.00
PARK
The Work Connection Temporary Help 684.80
Novak's Garage Maintenance Supplies 30.94
Prior Lake Shoe Service Maintenance Supplies 25.00
MTI Distributing Maintenance Supplies 40.48
Sebastian Automotive Tire Supplies 26.63
Hoffers Inc. Bldg. Maint. Supplies 113.96
Target Stores Bldg. Maint. Supplies 23.78
Valley Sign Park Maint. Supplies 5,153.30
L & L Lettering Park Maint. Supplies 125.00
R.N.D. Signs Park Maint. Supplies 77.97
Air Touch Cellular Park Maint. Supplies 42.60
Bryan Rock Products Park Maint. Supplies 113.70
Friedges Landscaping Park Maint. Supplies 939.33
Heating Plus Building Maintenance 195.04
WATER UTILITY
WaterPro Water Meters 1,124.68
MVTL Laboratories Water Analysis 30.00
Astleford Equipment Co. Vehicle Maintenance 339.19
Wolf Motor Co. Vehicle Maintenance 1,144.16
Gopher State One-Call State Terminal 495.25
SEWER UTILITY
MWCC Grant Program Refund 5,000.00
CAPITAL PARK FUND
Rud Construction Dozerwork at Woodridge Pk 1,700.00
West Star Curb & Concrete Est. # 1 /Crossandra S idewk 24,692.16
BUILDING FUND
BRW Elness Prof. Services Maint.Ctr. 5,655.21
Southam Business Comm. Publishing 113.40
Rochon Corp. Est#9/Public Wks Bldg. 372,275.51
CONSTRUCTION FUND
Popham Haik Schnobrich Legal Fees 2,353.57
Moody's Investors Service Bonding Expense 4,375.00
Juran & Moody Bonding Expense 13,500.00
First Trust Bonding Expense 2,300.00
Poucher Printing Bonding Expense 534.84
Maier Stewart & Associates Engineering Services 19,544.93
S.M. Hentges Proj #93-01,03/95-01,02 42,702.80
S.M. Hentges Est#8/Carriage Hills 43,821.80
McNamara Contracting Est#6/Carr.Hills Phase 2 50,593.23
Federal Signal Corp. Est #2/S irens 15,012.91
COLLECTOR STREET FUND
West Star Curb & Concrete Est #l/Main Ave. Ramps 6,446.00
TRUNK RESERVE FUND
Shamrock Development City Storm Sewer Costs 196,708.70
AGENDA NU:MBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
4B ~
BRET WOODSON, RECREATION SUPERVISOR
CONSIDER APPROVAL OF RECYCLING GRANT
AGREEMENT WITH SCOTT COUNTY & SCHEDULE 1996
FALL CLEAN-UP DAY
JULY 1, 1996
For the past seven years, the City of Prior Lake has organized and
sponsored a fall clean-up / recycling day. This program has
allowed residents of Prior Lake to recycle or dispose of many
items, such as: old batteries, appliances, tires, scrap metal, brush,
and yard waste. The city has been able to offer this program at a
reasonable rate to the residents of the community because it has
received a grant from Scott County. This year the county has set
aside a grant of up to $4,715.00 for the City of Prior Lake for a
recycling / clean-up day.
In order to capture these funds the city must enter into an
agreement with Scott County expressing an interest in the funding.
This past April a grant application was submitted to the Scott
County Environmental Health Department requesting grant
funding assistance for this years recycling / clean-up day. This
grant was pursued for the purpose of having a mechanism for
funding in the event that the city council approves a fall recycling /
clean-up day for 1996 as it has done for the last seven years.
This is a very popular program that many residents look forward to
each year. This years Recycling / Clean-up day will be held on
Saturday, October 12th from 8:00 a.m. - 12:00 noon. The event
will take place once again in the parking lot of Hidden Oaks
Middle School.
This year, like the last two years, usable household goods will also
be accepted through the Prior Lake Rotary's 'Bridging' program
which will operate concurrent with the clean-up day. The Bridging
program is designed to provide needy families with furniture and
various other household goods.
The expenses and revenues for this program were budgeted under
the approved 1996 recreation budget. The revenues from the
program offset the expenses so there is no budgetary impact.
1.
Authorize Mayor and City Manager to execute grant
agreement with Scott County.
2. Schedule Fall Clean-up Day for Saturday, October 12,
1996.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION:
ACTION REQUIRED:
REVIEWED BY:
BWCC7
3. Approve 1 and 2 above as part of the consent agenda.
4. Defer action on one or both items.
Staff recommends Alternative #3, to approve the execution of the
grant agreement with Scott County and schedule the clean-up day
for Saturday, October 12, 1996.
RECYCLING PROGRAM AGREEMENT
THIS AGREEMENT made and entered into on this 5th day of April,
1996, between the COUNTY OF SCOTT, State of Minnesota,
hereinafter referre~ to as COUNTY by and through the Scott County
Board of Commissioners, and THE CITY OF PRIOR LAKE,;Scott County
Minnesota, hereinafter referred to as CITY, by and through the
City Council.
WITNESSETH:
WHEREAS, Minn. Stat. Sect. 473.8441, establishes the Local
Recycling Development Program providing grants to counties to be
distributed by the Office of Environmental Assistance; and
WHEREAS, Minn. Stat. Sect. l15A.557, establishes the County
Waste Reduction and Recycling Funding program to be distributed
by the Office of Environmental Assistance; and
WHEREAS, Scott County has received funding from the Office
of Environmental Assistance identified as Local Recycling Grant;
and
WHEREAS, These funds are to be used for the activities
specified in the Office of Environmental Assistance Grant
Agreement and Scott County Resolution No. 90090; and
NOW, THEREFORE, in consideration of the mutual covenants and
promises contained in this Agreement, the parties mutually agree
to the following terms and conditions:
1. PURPOSE
This Agreement shall establish a mechanism for distribution
of funds obtained from the Minnesota Office cf Environmental
Assistance in accordance with respective agreements related
thereto for implementation and/or enhancement of recycling
programs in Cities and Townships within Scott County consistent
with the County Solid Waste Master Plan.
2. SCOPE OF SERVICES
The Cities and Townships are obligated and agrees to the
following:
a. recyclable materials must be collected by a hauler
licensed by Scott County;
b. recyclables must be delivered to a licensed recycling
facility;
1
c. organic materials (yard and tree waste) must go to a
licensed/permitted yard waste compost facility or a
permitted land application site;
d. upon completion of the event, a report is submitted to
the County identifying the quantities of materials
recycled and actual expenditures and revenues.
In the event that a Township participates with a City's
event, the Township is obligated to turn over their funds to
the City, and the City is obligated to recognize the
Township in advertisements and participation in the event.
3. EFFECTIVE DATE OF AGREEMENT
This Agreement shall be effective upon execution by all
parties to the Agreement.
4 . TERM OF AGREEMENT
This Agreement shall remain in effect until December 31,
1996 or until all obligations set forth in this Agreement have
been satisfactorily fulfilled unless earlier terminated as
provided in Section 20 herein.
5. GRANT REQUEST
The CITY shall establish recycling programs as set forth in
Exhibit A, which is attached hereto and made a part of this
Agreement as though fully set forth herein.
6 . GRANT PAYMENT
The COUNTY shall pay to the CITY a maximum of $4,715 to be
used for the development and/or enhancement of CITY recycling
programs. The CITY shall use these grant funds solely for the
materials and/or programs as set forth in Exhibit A.
7. AVAILABILITY OF FUNDS
Notwithstanding any provision of this Agreement to the
contrary, the maximum amount of grant payment available to the
CITY in 1996 for the projects specified in Exhibit A shall be as
specified in Section 5 above. Any funding availability for
future years or for other recycling projects shall be at the
complete discretion of the COUNTY.
8 . UNEXPENDED FUNDS
Any grant payments provided to the CITY under this Agreement
shall be returned to the County in the event the grant payment is
not used according to the requirements of this Agreement or has
2
not been used within twelve (12) months of receipt by the CITY,
whichever occurs first.
9. AUTHORIZED AGENT OF SCOTT COUNTY
Scott County shall appoint an authorized agent for the
purpose of administration of this Agreement. The CITY is
notified of the authorized agent of Scott County as;follows:
Allen J. Frechette
Environmental Health Manager
Courthouse A102
428 Holmes St. So
Shakopee, MN 55379-1393
(612) 496-8177
10. RECORDS - AVAILABILITY AND RETENTION
Complete and accurate records of the activities performed
pursuant to this Agreement shall be kept by the CITY for a
minimum of three years following termination of this Agreement.
The retention period shall be automatically extended during the
course of any administrative or judicial action involving the
County of Scott regarding matters to which the records are
relevant. The retention period shall be automatically extended
until the administrative or judicial action is finally completed
or until the authorized agent of the County notifies the CITY in
writing that the records need no longer be kept. Pursuant to
Minn. Stat. Section 16B.06, Subd. 4, the books, records,
documents, and accounting procedures and practices of the CITY
relative to this Agreement shall be subject to examination by the
County and the State Auditor.
11. INDEMNIFICATION
The CITY shall save and protect, hold harmless, indemnify,
and defend the County, its commissioners, officers, agents,
employees and volunteer workers against any and all liability,
causes of action, claims, loss, damages or cost and expense
arising from, allegedly arising from, or resulting directly or
indirectly from any errors and omissions and/or negligent acts
and omissions of the CITY in the performance of this Agreement.
12. SUBCONTRACTS
The CITY shall not subcontract any portion of the work to be
performed under this Agreement nor assign this Agreement without
the prior written approval of the authorized agent of the County.
The CITY shall ensure and require that any subcontractor agrees
to and complies with all of the terms of this Agreement. Any
subcontractor of the CITY used to perform any portion of this
Agreement shall report to and bill the CITY directly. The CITY
3
shall be solely responsible for the breach, performance or
nonperformance of any subcontractor.
13. COMPLIANCE WITH REQUIREMENTS OF THE LAW
In performing the provisions of this Agreement, both parties
agree to comply with all applicable federal, state or local laws,
ordinances, rules, regulations or standards established by any
agency or spec1al governmental unit which are now or hereafter
promulgated insofar as they relate to performance of the
provisions of this Agreement. In entering into this Agreement,
the CITY, its agents, employees and any subcontractors of the
CITY in carrying out the terms and conditions of this Agreement,
agree to abide by the provisions of the Minnesota Governmental
Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn.
Rules promulgated pursuant thereto.
14. SUCCESSORS AND ASSIGNS
The County and the CITY, respectively, bind themselves,
their partners, successors, assigns, and legal representatives to
the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other
party with respect to all covenants of this Agreement. Neither
the County nor the CITY shall assign, sublet, or transfer any
interest in this Agreement without the prior written consent of
the other.
15. ACCESS TO PREMISES
The CITY shall arrange access as necessary to work sites for
the County for the purpose of verification of any requirements as
described in this Agreement.
16. INDEPENDENT CONTRACTOR
It is agreed that nothing contained in this Agreement is
intended or should be construed as creating the relationship of
copartner, joint venturers, or an association with the County and
the CITY. The CITY is an independent contractor and neither it,
its employees, agents, subcontractors nor representatives shall
be considered employees, agents or representatives of the County.
Except as otherwise provided herein, the CITY shall maintain, in
all respects, its present control over the means and personnel by
which this Agreement is performed. From any amounts granted to
the CITY, there shall be no deduction for federal income tax or
FICA payments nor for any state income tax, nor for any other
purposes which are associated with an employer/employee
relationship. Payment of federal income tax, FICA payments,
state income tax, unemployment compensation taxes, and other
payroll deductions and taxes are the sole responsibility of the
CITY.
4
1 7. NOTICES
Any notices to be given unqer this Agreement shall be given
by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service,
addressed to the CITY at its address stated herein, and to the
authorized agent of the County at the address stated herein.
18. CONTROLLING LAW
This Agreement is to be governed by the laws of the State of
Minnesota.
19. AMENDMENTS
The Parties agree that no amendments, alterations,
variations, or modifications to this Agreement, or any
attachments hereto, shall have any force or effect unless the
change is reduced to writing and duly signed by the parties. The
execution of the change shall be authorized and signed in the
same manner as for this Agreement.
20. ENTIRE AGREEMENT
It is understood and agreed that this Agreement and the
attached Exhibit A constitute the entire Agreement of the parties
and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect
between the County and the CITY relating to the subject matter
hereof. Any conflict or inconsistency between Exhibit A and this
Agreement shall be resolved in favor of, and be governed by this
Agreement.
21. TERMINATION
This Agreement shall terminate under the following
circumstances:
a. By mutual written Agreement of the parties;
b. By either party, with or without cause, giving not less
than thirty (30) days written notice, delivered by mail
or in person to the other party, specifying the date of
termination;
c. This Agreement shall automatically terminate without
notice on December 31, 1996.
22. PROPERTY DISTRIBUTION
Assets acquired in whole or in part with grant payments
provided under this Agreement shall be the property of the CITY
so long as said assets are used by the CITY for the purpose
5
stated in Exhibit A. In the event the CITY discontinues use of
the assets for said purpose, any remaining assets shall, at the
County's discretion, either be returned to the County or sold,
and the net proceeds of such sale returned to the County.
23. SEPARABILITY
In the event any provision of this contract sh~l be held
invalid and unenforceable, the remaining provisions shall be
valid and binding upon the parties unless such invalidity or
non-enforceability would cause the contract to fail its purpose.
One or more waivers by either party of any provision, term,
condition or covenant shall not be construed by the other party
as a waiver of a subsequent breach of the same by the other
party.
24. EQUAL EMPLOYMENT, NONDISCRIMINATION AND AFFIRMATIVE ACTION
In connection with the work under this Agreement, the CITY
agrees to comply with the applicable provisions of state and
federal equal employment opportunity and nondiscrimination
statutes and regulations. In addition, upon entering into this
Agreement, the CITY certifies that it has been made fully aware
of Scott County's Equal Employment Opportunity and Affirmative
Action Policy, attached hereto and incorporated herein as Exhibit
B through both oral and written communications, that it supports
this policy and that it will conduct its own employment practices
in accordance therewith. Failure on the part of the CITY to
conduct its own employment practices in accordance with County
Policy may result in the withholding of all or part of regular
payments by the County due under this Agreement unless or until
the CITY complies with the County Policy, and/or suspension or
termination of this Agreement.
6
IN WITNESS WHEREOF, the parties have caused this Agreement to be
duly executed intending to be bound thereby.
THE CITY OF PRIOR LAKE
COUNTY OF SCOTT
By:
By:
Lydia Andren
Ralph Malz, Chairman
SCOTT COUNTY
Board of Commissioners
ATTEST:
By:
By:
Frank Boyles
City Administrator
Gary Cunningham,
SCOTT COUNTY
County Administrator
Dated:
Dated:
APPROVED AS TO FORM
By:
Tom Harbinson Co. Atty.
7
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
ISSUES:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
STAFF AGENDA REPORT
4C
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 96-70
DENYING SIDE YARD SETBACK VARIANCE AND
ESTABLISHING FINDINGS OF FACT FOR A
REQUEST BY ELMER CLARKE
JULY 1, 1996
The City Council heard the appeal of Elmer Clarke from a
decision of the Planning Commission to deny his request for
a side yard setback variance on June 17, 1996. At that
meeting, Council directed staff to prepare a resolution of
denial with findings.
The Council has stated its position in this matter and has
directed the preparation of a resolution consistent with that
position. Attached is resolution 96-70 which addresses that
position.
1. The Council can approve resolution 96-70.
2. The Council can deny the resolution and direct
preparation of a resolution of approval.
3. The Council can approve the resolution with specified
amendments.
The staff recommendation is alternative 1.
Motion to adopt resolution
Rev1iJF
~
,~
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-70
A RESOLUTION WITH FINDINGS UPHOLDING THE ACTION OF THE PLANNING
COMMISSION IN DENYING A VARIANCE FOR A SIDE YARD SETBACK FOR
PROPERTY LOCATED AT 16280 PARK AVENUE
MOTION BY: SECOND BY:
WHEREAS, Elmer Clarke applied for a variance to permit reconstruction of a house
with a side yard setback of 2.1 feet instead of the required 5 feet and a
lakeshore setback of 47 feet instead of the required 75 feet, and
WHEREAS, following a duly noticed hearing on May 28, 1996, the Planning
Commission approved the request for the lakeshore setback and denied
the request for a side yard setback variance, and
WHEREAS, Mr. Clark subsequently appealed the decision of the Planning
Commission to the City Council, and
WHEREAS, on June 17, 1996, the City Council upheld the decision of the Planning
Commission to deny the side yard setback variance, and
WHEREAS, the City Council, at the June 17, 1996 meeting, directed the preparation
of a resolution of denial with findings,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it does hereby make the following
FINDINGS OF FACT:
1. The applicant has a legal alternative available for the reconstruction of the house
which does not require a side yard variance.
2. The request for a side yard variance is the result of the owners desire to use the
existing foundation and is not the result of actions of another person.
3. The physical characteristics of the property do not create a circumstance which would
justify the granting of a side yard variance.
4. The distance from the neighbor's house to the existing foundation is not material to
the consideration of this variance.
16200 ~grJ~9~(PJ\ve. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
BE IT FURTHER RESOL YED that the decision of the Planning Commission to deny
the side yard setback variance is hereby upheld and that Planning Department case file
number 96-041 is incorporated into, and made a part of , the record of decision in this
case.
Passed and adopted this 1 st day of July 1996
YES NO
ANDREN ANDREN
-
GREENFIELD GREENFIELD
-
KEDROWSKI KEDROWSKI
MADER - MADER
SCHENCK SCHENCK
-
Frank Boyles, City Manager
City of Prior Lake
{ Seal }
RS9670.00cIDR
2
STAFF AGENDA REPORT
AGENDA #:
PREP ARED BY:
SUBJECT:
4D
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 96-71
APPROVING FINAL PLAT AND DEVELOPERS
AGREEMENT FOR EAGLE CREEK VILLAS
JULY 1, 1996
DATE:
INTRODUCTION:
The City Council approved the preliminary plat of Eagle
Creek Villas on May 20, 1996. The plat creates two large
lots which are intended to accommodate a Common Interest
Community plat for 40 dwelling units in 20 twinhomes.
DISCUSSION:
The applicant has filed the final plat for this project for
consideration by the City Council.
The principal requirements for final plat approval include a
signed developers agreement with surety for the installation
of public streets and utilities and the satisfactory completion
of all preliminary plat conditions. Staff has reviewed the
final plat and finds it to be in substantial compliance with
the preliminary plat.
The conditions placed upon the preliminary plat approval
have been satisfied or will be accounted for in the
developers agreement and resolution 96-71 approving the
final plat. The park dedication in this case will be cash in the
amount of$17,550.00. No property is being dedicated to the
City except the street and certain easements.
The developers agreement specifies the improvements to be
made by the developer, and a signed copy of the agreement
is attached to this report. Engineering staff will be available
to discuss the details of the agreement if Council wishes.
16200 ~grJ~Fe~R~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4h7-4245
AN EQUAL OPPORTIJNITY EMPLOYER
---"",~"~,-=___,~_~",=,,,,,,",_.'_d"";;""',4""""""""'_'''''''''''''''''''''''''''''''''''''''''~-''~--.-.""'._........,...._c
ALTERNATIVES: 1. Adopt resolution 96-71 approving the fmal plat of Eagle
Creek Villas and the attached developers agreement.
2. Continue this item for specific reasons as determined by
the Council.
RECOMMENDATION: Alternative 1
ACTION REQUIRED: Motion to approve resolution 96-71
Reviewed By:
.
RS9671EC.DOCIDR
2
RESOLUTION 96-71
A RESOLUTION APPROVING THE FINAL PLAT OF "EAGLE CREEK VILLAS"
AND DEVELOPERS AGREEMENT AND SETTING FORTH CONDITIONS TO BE
MET PRIOR TO RELEASE OF THE FINAL PLAT
MOTION BY:
SECOND BY:
WHEREAS, the City Council approved the preliminary plat of Eagle Creek Villas on
May 20, 1996, and
WHEREAS, the final plat of Eagle Creek Villas in substantial compliance with the
preliminary plat,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE that it does hereby approve the final plat of Eagle Creek Villas, provided that the
following conditions be satisfied prior to release of, and recording of said plat:
1. A current title opinion or commitment of title insurance be submitted for review and
approval by the City Attorney.
2. All fees shall be paid prior to release of the final plat mylars.
3. Reductions of the entire final plat shall be submitted at the following scales: 1 "=800';
1 "=200'; and one reduction at no scale which fits onto an 8.5" by 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures shall be submitted.
5. The developer shall provide surety in the amount specified in the developers
agreement in a form acceptable to the City Attorney.
6. The developer shall revise the drainage plan to provide for an emergency overflow
swale to cross Priorwood Street.
Passed and adopted this 1st day of July, 1996.
YES
NO
ANDREN
GREENFIELD
ANDREN
GREENFIELD
16200 ~grJ~&9f~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
{Seal}
KEDROWSKI
MADER
SCHENCK
KEDROWSKI
MADER
SCHENCK
RS9671FP.DOCIDR
Frank Boyles, City Manager
City of Prior Lake
2
CONTRACT FOR DEVELOPlVlENT OF
LAND IN THE CITY OF
PRIOR LAKE, l\'IINNESOT A
THIS AGREEMENT, made and entered into as of the---1.s1. day of Julv 1922, by and between
the City of Prior Lake, (hereinafter "City") a municipal corporation organized under the laws of the State
of Minnesota and Eagle Creek Villas LLC, (hereinafter "'Developer") a 1\Ilinnesota 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 grunted preliminary plat approval and final plat approval to
Eagle Creek Villas subject to certain conditions including that the DEVELOPER enter into
this Agreement to provide for installation of DEVELOPER Il\tfPROVEl\tIENTS and all other
improveMents hereafter described all on the terms and conditions hereafter set forth.
WHEREAS, under authority grunted to it, including ivlinnesota 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,
Minnesot~ by and between CITY and DEVELOPER, Eaile Creek Villas. LLC
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 IMPROVENIENTS.
c. "City" means the City of Prior Lake, a governmental subdivision of the State of
1\11 innesota.
d. "City Attorney" means the CITY A TIORNEY 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
Ea~le Creek Villas
, 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 \vhenever it is used in this AGREEwlENT 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 IwlPROVEivlENTS pursuant to the terms, conditions and limitations of
this AGREEwlENT ; (iii) failure by DEVELOPER to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under this
AGREENIENT ; (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 DEVELOP~IENT FINANCED A1~
INSTALLED IMPROVEwlENTS; (vii) failure by DEVELOPER to reimburse CITY for
any costs increased by CITY in connection with this AGREEN1ENT , 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.
1. "First Completion Date" means
November 1 1996
m. "Second Completion Date" means
September 1 1997
n. "Irrevocable Letter of Credit" means an IRREVOCABLE LEITER OF CREDIT in
the amount of $ 319 882 31 (1250/0 of Cost of Improvements) in the form of attached
Exhibit B.
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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 Eagle Creek Villas compnsmg the real property
located in Prior Lake, Scott County, Minnesota and legally described on the attached
Exhibit C.
s. "Policy for Private Development Projects" means the POLICY FOR PRIVATE
DEVELOPtvlENT PROJECTS adopted by the CITY COUNCIL and may be amended
from time to time.
1. "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 tvlinnesota 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 Eagle Creek Villas.
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.
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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 IMPROVErvlENTS 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
AGREEivlENT
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 UvlPROVEivlENTS 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 IrvtPROVE!vlENTS.
B. Interpretation
a. This AGREEivlENT shall be interpreted in accordance with and governed by the laws of
the State of ivtinnesota. The words herein and hereof and words of similar import,
without reference to any particular section or subdivision, refer to this AGREEivlENT 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 AGREEivlENT as originally executed.
Titles in this AGREEivlENT 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 AGREEivlENT as if fully set forth herein.
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I. Exhibit A - Cost of Developer Improvements
II. Exhibit B -Irrevocable Letter of Credit
111. Exhibit C -Legal Description of Property
IV. Exhibit D - Developer and City Cost Summary
v. Exhibit E - Special Conditions
VI. Exhibit F - Performance/Warranty Bond
VII. Exhibit G - DEVELOPER IlVIPROVEMENTS and Completion Dates
VIII Exhibit H - Street Lighting
2. DEVELOPER ThlPROVEl\'IENTS
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 terms 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 permitted if the revised
plans, specifications, drawings and related documents are submitted to and approved in writing by
CITY ENG INEER 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 hereot: DEVELOPER shall pay to the CITY a fee equal to~ 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 AGREEl\tlENT or Cash Escrow Deposit.
g. Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary Sewer
Improvements and Watermain Improvements shall be completed by the FIRST
COlVIPLETION DATE. Permanent Street Improvements, Trailway/Sidewalk Improvements,
Landscaping Improvements, Traffic Signing Improvements and all other DEVELOPER
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HvlPROVElVlENTS as per plans and specifications shall be completed by the SECOND
COlVIPLETION DATE. Noncompliance with either the FIRST COlVIPLETION DATE or the
SECOND COfvlPLETION DATE unless caused by an UNA VOIDABLE DELAY, consented
to by the CITY in its sole discretion, shall constitute an EVENT OF DEF AUL T unless an
extension of time is granted by CITY ENGINEER in his/her 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 IlVIPROVElVIENTS in accordance with
the Policy for Private Development Projects adopted by the CITY. Inspection services by the
CITY shall include:
1. Inspection of public improvement systems which include grading, sanitary sewer,
watermain. storm sewer/ponding and street system
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer. watermain. and storm sewer facilities.
4. Coordination with testing company for soil and material testing and actual material
testing costs as performed by City consultants or City staff.
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 LEITER 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 permits to the PROPERTY or any portion thereof until such
time as said charges have been paid in full or the amount of the IRREVOCABLE LEITER
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 IlVIPROVElVIENTS.
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).
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c. Construction quantities.
d. Change orders.
e. Construction administration of project.
f. Construction payment vouchers.
g. Project Testing - The DEVELOPER is responsible through its testing company, at the
DEVELOPER'S cost, to provide testing to certify that DEVELOPER
IMPROVElVIENTS was 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 inonumentation 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.
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2.8 Driveways
The DEVELOPER at its expense shall construct concrete or bituminous surface driveway
approach areas for each lot in accordance with CITY approved standards.
2.9 Vegetation
The DEVELOPER shall comply with CITY ordinances and policies related to preservation of
vegetation and trees and specifically shall exercise reasonable efforts in residential areas 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 rvtanagement Practices (BrvtP) as delineated in
the lVtinnesota 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 IMPROVENIENTS 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 IlVIPROVElVlENTS and
DEVELOPER IlVIPROVENIENTS to perform all work and inspections deemed appropriate by
the CITY.
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3. DEVELOPER REPRESENT A TIONS
3.1 DEVELOPER represents and warrants that neither the execution and delivery of this
AGREEwlENT , the consummation of the transactions contemplated hereby, nor the fulfillment
of or a compliance with the terms and conditions of this AGREEMENT is prevented or limited
by, or in conflict with or will result in breach of, the terms, conditions or provisions of any
restriction of DEVELOPER, or evidence of indebtedness, agreement or instrument of whatever
nature to which DEVELOPER is now party or by which it is bound or will constitute a default
under any of the foregoing. DEVELOPER further represents and warrants that DEVELOPER
will cooperate with CITY with respect to any litigation commenced with respect to the
PROPERTY or DEVELOPER INSTALLED AND FINANCED IMPROVEl\tlENTS.
DEVELOPER represents and warrants that the DEVELOPER INSTALLED AND FINANCED
Il\tlPROVEl\tIENTS 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 A TTO~1\jEY against any claims or actions brought as a result of
DEVELOPER'S performance under this AGREE~''lENT or as a result of alleged actions or
omissions on the part of DEVELOPER, its employees or agents.
4. OVERSIZING
CITY and DEVELOPER agree that the DEVELOPER Il\tlPROVEwlENTS 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 $.Q...Q.Q 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 (wlulti-family)
Collector Street Fee
$3,SOO.OO/net acre
$ O.168/net sq. ft.
$1 ,SOO.OO/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 AGREEl\tIENT or attachments hereto. The parties acknowledge and agree that
the fees and costs allocated to CITY and DEVELOPE~ 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.
9
5. INSURANCE
5.1 On or before the date hereof, DEVELOPER and its contractors shall procure and maintain or
cause to be maintained during the term hereof. at its sole cost and expense, the following types of
insurance in the amounts specitied and in the form provided for below:
a. Comprehensive general public liability insurance against claims for bodily injury, death
or property damage occurring upon or in the Property and the improvements, such
insurance to afford protection to a combined single limit of not less than $2 000 000 00
with respect to death or injury to anyone or more persons and $1 000 000.00 with
respect to property damage. Insurance term shall expire at the conclusion of the
warranty period.
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 Nlinnesota. Certificates
evidencing such insurance shall be furnished to CITY upon commencement of construction of
DEVELOPER IlVIPROVENIENTS. 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 LVIAINTENANCE DURING CONSTRUCTION
DEVELOPER shall be responsible for all street maintenance until the DEVELOPER
IMPROVEwlENTS 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 REQUlRElVlENT
7.1 The DEVELOPER shall deposit with the CITY an IRREVOCABLE LEITER OF CREDIT in
the amount stated in Exhibit D.
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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 A TIORNEY 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
b. In the alternative, the IRREVOCABLE LETTER OF CREDIT may be for one year tenns
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 AGREElVIENT, 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 IrvlPROVENlENTS after it has been completed
in accordance with the provisions of this AGREE~tENT and based on the terms and conditions
set forth in the Resolution approving the tinal 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 HvlPROVENIENTS certifying that the work has
been completed in accordance with the terms of this AGREElVIENT and shall also furnish mylar
"as-built" reproducibles for all phases of construction included in this AGREEMENT. Prior to
acceptance of the completed DEVELOPER UvlPROVE~IENTS by the CITY ENGINEER,
DEVELOPER shall furnish to CITY an IRREVOCABLE LEITER OF CREDIT guaranteeing
satisfactory performance of the DEVELOPER ItvlPROVENlENTS in an amount equal to 250,/0 of
the original cost next to THE DEVELOPER ItvlPROVEMENTS. The 250/0 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
ItvlPROVErvlENTS to be completed by the FIRST COrvlPLETION DATE plus 1250/0 of
the original cost of DEVELOPER IMPROVEMENTS to be completed by the SECOND
COMPLETION DATE, after acceptance of all DEVELOPER IrvlPROVErvlENTS to be
completed by the FIRST COrvtPLETION DATE by the CITY ENGINEER in writing,
and by providing the CITY a Perfonnance Bond or a Warranty Bond from the
DEVELOPER and its contractors in an amount equal to the cost of the DEVELOPER
IrvlPROVENlENTS to be completed by the FIRST COrvlPLETION DATE. All punch
list items related to the FIRST COrvlPLETION DATE must be completed before a
reduction in security will be considered.
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B. Irrevocable Letter of Credit-Second Completion Date. The IRREVOCABLE
LETTER OF CREDIT guaranteeing satisfactory performance of the DEVELOPER
IMPROVE~lENTS can be reduced to 50/0 of the original cost of the DEVELOPER
Il\tlPROVEl\IlENTS 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 (I) year (the "Warranty
Period") following acceptance of all required improvements and shall guarantee
satisfactory performance of such improvements. All punch list items related to the
SECOND COlYIPLETION 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 HvlPROVEl\ilENTS, in writing,
including the mylar "as-built" reproducibles for all phases of construction included in
this AGREEl\ilENT .
C. Warrantv on Proper Work and Materials. The DEVELOPER warrants all work
required to be performed under this AGREEivlENT against defective material and faulty
workmanship for a period of one (I) 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
IMPROVEl\IIENTS; and the DEVELOPER shall obtain lien waivers on all
DEVELOPER IivlPROYEl\IlENTS.
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
Il\ilPROVEMENTS.
10. EVENT OFDEF~ULT
10.1 Whenever an EVENT OF DEFAULT occurs, the CITY after providing Developer NOTICE, as
required in Section 16, may take anyone or more of the following actions, unless a specific
NOTICE period is otherwise provided for by another Section of this AGREEl\IIENT .
a. CITY may suspend its performance under the AGREEMENT.
b. CITY may cancel and rescind this AGREEMENT.
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c. CITY may draw upon and/or bring an action upon any or all of the securities including
but not limited to the IRREVOCABLE LEITER 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.
e. CITY may suspend issuance of Building Permits and/or Occupancy Permits on
DEVELOPER'S lots.
f. CITY may draw upon the IRREVOCABLE LEITER OF CREDIT if CITY receives
Notice that the bank elects not to renew the IRREVOCABLE LEITER OF CREDIT.
10.2 None of the actions set forth in this Section are exclusive or otherwise limit the CITY in any
manner.
11. ASSIGNiVIENT
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 DEVELOPi\tlENT 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. PARK DEDICATION AND CONTRIBUTION
12.1 The DEVELOPER shall comply with the park dedication and contribution requirements as
defined in the City Code. The park dedication for the PLAT shall be fulfilled through the
following:
A. The park dedication for Eagle Creek Villas will be cash in lieu of land. The cash
contribution is based on the raw land value of $13,000.00 per acre. Applying that amount to
13.5 total acres, the land is established at $175,500.00. The cash dedication is 100/0 of this
total which would be $17,550.00.
B. The DEVELOPER will construct a sidewalk on the south side of Priorwood street and
connect the sidewalk to the sidewalk which runs along the east side of Five Hawks Avenue.
The cost incurred by the DEVELOPER for the construction of this sidewalk is $4,835.95.
This sidewalk cost will be deducted from the $17,550.00 park dedication fee leaving a total
of$12,714.05 of park dedication fee which is payable prior to the release of the final plat.
13
132. PERMITS
13.1 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.
13.2 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.
13.3 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 EASEwlENT HOLDERS
resulting from such failures of the DEVELOPER.
14. RECORDING
14.1 This AGREErvtENT shall be recorded by DEVELOPER within thirty (30) days from approval of
the Resolution approving Final PLAT. and all terms and conditions of this AGREENIENT 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.
14.2 All recording fees. if any, shall be paid by the DEVELOPER.
15. NOTICE
15.1 Whenever this AGREEMENT requires or permits that NOTICE be given or served by one party
to another party to this AGREENIENT 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
14
If to Developer:
John Mesenbrink
Eagle Creek Villas LLC
7765 East 175th Street
Prior Lake, tvfN 55372
15.2 Unless otherwise provided in this AGREEMENT the NOTICE period shall be fifteen (15)
calendar days.
15.3 Where this AGREEivlENT 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 UNA VOIDABLE 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.
16. MODIFICATIONS OR AlVlENDMENTS
This AGREEivlENT 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
AG REEivlENT .
17. PROOF OF TITLE
17.1 DEVELOPER shall furnish a title opinion or title insurance commitment addressed to the CITY
demonstrating that DEVELOPER is the fee owner or has a legal right to become fee owner of the
PROPERTY upon exercise of certain rights and. to enter upon the same for the purpose of
developing the property. DEVELOPER agrees that in the event DEVELOPER'S ownership in
the PROPERTY should change in any fashion, except for the normal process of selling or
conveying lots, prior to the completion of the Project and the fulfillment of the requirements of
this AGREEivIENT, 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
AGREEivlENT, unless or until the CITY has approved transfer of this AGREEivlENT and then
only to the extent agreed to by the CITY.
18. 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.
19. 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.
15
20. 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.
21. 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.
22. CONSTRUCTION
This AGREEMENT shall be construed in accordance with the laws of the State of1vlinnesota.
IN WITNESS WHEREOF, CITY and DEVELOPER have caused this AGREElvlENT to be duly
executed on the day and year first above written.
Approved by the CITY COUNCIL on the ~ day of Julv
, 1996.
By
(Attorney)
.. /'
~Jo
~!j11,.~
APPROVED AS TO FO~\1:
CITY OF PRIOR LAKE:
By
Its Mayor
By
Its City lVlanager
[This AGREEMENT must be signed by all parties having an interest in the PROPERTY.]
This instrument prepared by:
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
16
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.
/~ ;11~
City of Prior Lake:
Frank Boyles. City wlanager
Lydia Andren, Mayor
Reviewed for Administration
City Engineer
Reviewed for Form and Execution
S uesan 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 ~ L day of ~
, 1996, by . and by ~ho are the _
and of Ea~le Creek Villas. LLC
sota Corporation, on behalf of said corporation.
I .
e ANGEl.A JASPERS
NOTARY PU8Uc-MINNESOTA
SCOTT COUNTY
. .llr~&I>iOI.wt31.ml I
~~~bli~~
2
06/18/1996 15:44
REHDER & ASSOCIATES, INC. 16124529797 00000000 P.02
EXHIBIT A
~
EAGL! CRRRK VILLAS
PRIORWOOO STREET
(5-lcr- 96
SANITARY SKWSR, WATERMAIN, STORK SEWER, CURB AND GUTTER,
EARTHWORK I AND PAVING
Sanitary Sawer
ITEM DESCRIPTION
UNIT
1 4 II P. V. C. - SDR 26
L.F.
2 8u P.V.C. - SDR 35
8~10' depth
L.F.
10-12' depth
L.P'.
3 Standard Manholes
(81 deep or leas)
Each
4
Excess Manhole over S' L.F.
5
Reconstruct Existing L.F.
Manhole
6
Core Drill Into Each
Existing Pipe
7
8 "x4 II p, v. C. vlyes or Each
Tees
B
Mechanical Trench L.F.
Comp6ct 1')11
9
1-1/211 Clear Rock Pipe Ton
Bedding
10
Connect to existing Each
sanitary sewer pipe
11
Granular Backfill Ton
(for pipe bedding)
12
Air Te5t L.F.
TOTAL - SANITARY SZWBR
WatGrmain
ITEM DESCRIP'rION
UNIT
1 6u C.I.P. Class 52
L.F.
2 S" D.I.P. Class S2
L.F.
3 Hydrants (8' Bury)
Each
4 811 Gate Valve and Box
Each
ESTIMATED
QUANTITY
1 453
2'70
__115_
~t7
11
16
14
1 451
400
"0
441
ESTIMATED
QUANTITY
73
1 26B
UNIT
PRICE
$~
2
$ 11 -05'
$ J ;).-&)'
$ Il'd--O- $
----
$ 7.\ -
$ ISO-
$ ;:)') (')-
sC{O
1
..-/
$ . 00 ~
'5'U
$ ~
$ SOQ --
$ 5-
$ _ '-I 0
UNIT
I>RICE
3
/.-~ -
16> -
i I R()
$ .s (O -
$
$
$
3
EXTENDED
AMOUNr
$ I ~~-- :).0
$ 3 LI J~-- ~O
$ :::> ~J3--7)
? l( <.(o -
$ '3 )~- -
$ /0~()
~ LJ3dO-
$ S-bO-
$ 7;; -~)
$ 3 400 --
SCJc;J -
$
J(dJCJ -
$ /76-<.f c)
$ 3 Pf;)<(_S'c)
$
EXTENDED
AMOUNT
$ IO~f.~-
$ dO 2}g.f? -
$ -3 Y<"\Q-
IS- &; -
$
/ 06/18/1996 15:45
REHDER & ASSOCIATES, INC. 16124529797 00000000 P.03
EXHIBIT A
5
6" Gate Valve and Box
Each.-
6
Connect to Existing
Watermain
Each
7
Wet Tap into a" Each
Watermain .
a
Cast Iron Fittings Lb.
Rod Hydrants, Bends to Each
Watermain
9
10
1" Corporation Cock Each
111 Curb Stop and Box Each
11
12
1" Copper L.F.
13
Insulation 2"X4JX8' Sheets
TOTAL WAT~RMAIN
Storm Sewer
ITEM
DESCRIPTION
UNIT
1
12" R.C.P. Class V L.P.
2
19" ~.C.P. Class IV L.F.
3
21>> R.C.P. Class III L.P.
5
30" R.C.P. Class III L.F.
6
4RlI R.r..P. Class III L.F.
7
Catch Basin-Manholes Each
(48" Diameter with steps)
8
Excess Manhole or CB L.F.
over 81
9
Catch aasin - 24"x36" Each
Structure
10
Catch Basin - Manhole Each
(60" Diameter with steps)
11 lBU R.C. Flared End Each
Section (with Asphalt
Coated Trash Guard)
l~
30" R.C. Flared End
Section (with Asphalt
Coated Trash Guard)
Each
13
Class III Rip Rap
Geotextile F~lter
Fabric
S.Y.
C.Y.
14
740
30
30
1.176
ESTIMATED
QUANTITY
6A
42
9~5
125
..--1.23-
200
:;
$ ::s~-~-
.3~-
$
1
:j
s ldOO
J-
f sO -
$ 3~-
$ ;J--
I-
S ~Ol -
$
$
$
4
4
UNIT
PRICE
$ ;;2.3 _?~-
86-80
Q.Cf :tX)
$ 3~.-;" dS
$ q 'J..~
/3Df)-
$ /~~
$ Cf.S 0
~ y '0 -
$
$
$
4
2
1
$
....
...
$ ~ 10 --
$
$
I ( ~S- -
_7?O() -
$ \ ~oo -
$ .2i!L '-
$ ~r...~ c)
$ qOO
$ d/bt)-
$ .g~~C>-
$ 1~8-
$ .!:J /74 8 .-.
EXTENDED
AMOUNT
$ /6/-~-
$ J I d--.S - ~d
$ -=< 7 J )~- -
$ 4) ~ 1- -;;).~-
$ h~-80-
$ _Z;- dOC> -
bro() -
}980 -
$
$
$
d t! 10
$ 1{pdN::J
1
$
I :l ~S" $ J a- ~- ~- ./
82
$
$
3~-
,:)-
$
$
~b~4 -
YOt) -
/136/18/1996 15:45
REHDER & ASSOCIATES, INC. 16124529797 00000000 P.04
EXHIBIT A
15 48" R.C. Flared End
w/Asphalt Coated
Trash Guard
Each
16
Muck Excavation for C.Y.
pond
Siologs 1101-"11'\5 ~AJ? L. F,
ftkf"~\S'" Of\\V - ~;~ to 1="V\S~~\\
~OTAL - STORM SEWKR CONSTRUCT~ON
17
Grading Construction
ITEM DESCRIPTION
UNIT
1 Common Excavation
C.Y.
2 Muck Excavation
C.Y.
3 Dewaterirl'J
L.S.
4
select Granular Borrow C.Y.
5
Each
6 Clearing & Grubbing L.S.
7 Erosion control (Silt L.F.
Fence and/or Hay Bales)
8
Rock Const. Entrance
Each
9
salvage ~opsoil (and
aprenrU ng)
L.S.
~OTAL - GRADING CONS~RUCTION
Restoration and SpQcial Itamo
ITEM DESCRIPTION
UNIT
1 Sod S.Y.
2 Seeding Acre
3 Seed Lb.
4 Mulch Ton
5 Adjus~ Manholes or Each
Catch Basins
6 Adjust Gate valves Each
7 Boulder Retaining Wall S.P.
TOTAL - RESTORATION ~ S?ECIAL ITEMS
2
4.000
43Q
ESTIMATED
QUANTITY
13 920
6 000
1
16.BBD-
:1 . 20JL
ESTIMATED
QUANTITY
1 700
800
2 000
$ ~ lSO - $ -"50-00
$
1_00
$
) ,C,O
UNIT
PRICE
$ :l.,.:1 0
$ SSO
--
$
~
$ ~ -Cf()
....
$
-,
'~gao-
$
$ ~?:-
$~'~
EXTENDED
AMOUNT
$ ~ 00a ~
$ ~ooO....
$ ---
$
$
l-l g CfS J.. -
"'""----'
1
$ ;;;. OaJ()~ $ dD Oco :~
$ 1 ....5"D $ "33~-
..,
~
$ ~OO-
$ ~ DOc)
1
$
UNIT
PRICE
)-10
.J. .sO
,
g
I 4<.)
J00
4
B
$
$
$
16
9
$
..,
~
$
$
$
800 -
(OO()() -
$
$1!:J~G70
EXTENDED
AMOUNT
$ 18)0-
$ d()t);J-
$ ~oo-
$ J ~~ ---
$ 17,),-~-
~;)t:) -
$
$ 15 t)t1J-
$ I~~ )3-
I
.// 06/18/1996
I
15:46
REHDER & ASSOCIATES. INC. 16124529797 00000000 P.05
EXHIBIT A
Street construction
ITEM DESCRIPTION
UNIT
ESTIMATED
QUANTITY
UNIT
PRICE
$ d.S-
EXTENDED
AMOUNT
1 #2331 Type 41A Ton
Bituminous Wearing
Course Including
Bituminous .Material for
Mixture
365
$ --3 \ ~~ -
2 ~233~ Type 31B Ton
Bituminous Base
Course Including
Bituminous Material for
Mixture
760
$ d-L\-
$ J~~4b-
3 #2357 Bituminous Tack
Coat
Gal. ?RQ $ i- $ :;2~O -
Ton 3.04~ $ l-gr $ ;L~ -8~ -
L.F. 1')0 $ ;:;- $ ";;J.<-{CJ -
s " d-5 - J l~q@ SD
L.F. 2.850 $ $
L.F. 60 $ 5- $ Sq() -
S.P. 8.~OO $ f -7 S- $ 1 '{~7S -
4 Class 5 (100\ Crushed
Quarry Rock)
~ Hi l.:.ulUi 'H.HItJ D;.;w Cut
(Full Depth)
6 Surmountable Curb and
Gutter
7 Concrete Valley Gutter
8 Concrete Sidewalk (4")
TOTAL - STRKKT CONSTRUCTION
$ ~~) ~(O -.S-O
SUBTO'I'AL
$
$
PCl-formance & Payment
Bond
L.S.
1
GRAND TOTAL $
/
06/18/1996 15:46 REHDER & ASSOCIATES, INC. 16124529797 00000000 P.06
EXHIBIT A
PRIORWOOD STREET
Additional Material Required for Upgrading Road from 7 Ton to 9 Ton Design
ESTIMATED UNIT EXTENDED
ITEM DESCRIP'rIqN UNIT QUANTITY PRICE AMOUNT
1 #2331 Type 31B Ton 127 $ dS- $ 3l ~--
Bituminous Base Course
Including Bituminous
Material for Mixture
2 Class 5 (loot Crushed Ton 1,522 $ 7_'&.)' $ II Cf4,.. 10
Quarry Rock)
is 1 C) ~ '-)0
/
Quotation
Mesenbrink Construction & Eng. Inc.
EXHIBIT A
7765 175th Street East
Prior Lake, MN 55372
Voice: 612-447-5058
Fax: 612-447-5036
Quoted To:
City of Prior Lake
Quote Number:
104
Phone:
Quote Date:
Jun 12,1996
Page:
1
Payment Terms
.-- +---- -.-- --
Net 10 Days
Good Thru Customer 10:
Customer
7/12/96 389
Description
- ----~---~ -DnH Price------ Extended
Hours/Tons Services
Add in side walk on Priorwood Ave.
1,250.00
26.00
4" Sidewalk W/Sand
Sod
2.50 3,125.00
12.60 327.6
12.00 516.0
2.00 16.0
1.75 484.7
14.10 366.6
Remove Curb
43.00
Common Excavation
8.00
277.00
26.00
Saw Cut Pavement
Concrete Curb
~ 0.. (" K ~e6\Go-. t~ 0"'-. r e e..
\ "3,"" Ac.~f 5 x 0, I )<.~ i J; tXl;) IAC~E.
-:::. ~ \7) ~;O, 00
-4 '6 '3'5. 't 5""
~~ \2;1/4,0:;-
This is a estimate for what we beleive this job will cost, we invoice by actual time and material only.
Total:
4;835.95
Date: _1_/95
(Customer Signature)
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 exp iration 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 and/or bona fide holders that drafts drawn and negotiated in conformity with the
terms of this credit will be duly honored upon presentation.
(Bank name)
Authorized Signature
Authorized Signature
3
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EXHIBIT D
DEVELOPER AND CITY COST SlJMMARY
The following is a summary of developer and City costs for Ea~le Creek Villas LLC. The net
area of the final plat is 311,853 square feet or 7.159 acres.
DEVELOPER COSTS
6% Administration Fee
Trunk Water Fee
Lateral Water Charge
Stormwater Management Fee
Collector Street Fee
Traffic Signs
Park Dedication Fee
DEVELOPER OWES CITyrrOTAL
CITY COSTS
Storm Sewer Costs
(T runk Reserve)
City Cost to Purchase Wetland Bank from
Developer (Storm Sewer Trunk Reserve)
0.2 Acres x $19,000/ Acre
City Cost to Upgrade Priorwood Street from
a 7 Ton Street to a 9 Ton Street
(From Exhibit A) (Street Collector Fund)
City Cost to Design Facilities Outside of Plat
(Storm Sewer Trunk Reserve)
City Cost for Right-of-Way Greater than
60' along Duluth Avenue
CITY OWES DEVELOPERffOTAL
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer
Streets and Sidewalk
TOTAL PROJECT COST
EACiLECRK.DOC
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
15,354.35
12,530.00
3,000.00
52,391.00
10,738.50
300.00
1 J 714.05
107,027.90
99,102.85
3,800.00
15,122.70
3,100.00
568.10
121,693.65
32,928.50
41,748.00
99,102.85
82.126.50
255,905.85
EAGLECRK.DOC
EXHIBIT D
DEVELOPER COSTS
Determine 60/0 Project Administration Fee:
TOTAL CONSTRUCTION COST
Developer 6% Administration Fee:
6% of$ 255 905.85
Determine 50/0 Project Inspection Fee
5% of$255.905.85
Determine Amount of Letter of Credit:
Project Cost Total
125% ($ 255.90~.85)
Determine Developer Trunk Watermain Fee:
(Trunk Sewer has already been assessed)
Net lot area is 1J.22 acres
$1,750/acre x 7.159 acres
Determine Developer Lateral Water Charge:
150' x $20.00/Foot
Determine Developer Stormwater Management Fee:
Net lot area is 311.853 sq. ft.
$0.168 /sq. ft. x 311.853 sq. ft. $
Determine Developer Collector Street Fee:
7.159 Acres x $1,500/ Acre
Amount Developer owes for Traffic Signs:
3 signs @ $1001 sign
$
$
$
$
$
255,905.85
$
15,354.35
$
12,795.30
$
319,882.31
12,528.25
3,000.00
52,391.00
10,738.50
300.00
EAGLECRK.DOC
EXHIBIT D
CITY COSTS
Developer's Storm Sewer Cost
(Prom Exhibit A)
$
99,102.85
Determine City Cost to Purchase Wetland
Bank from Developer
0.2 Acres x $19,000/ Acre
$
3,800.00
Determine City Cost to Upgrade Priorwood
Street from a 7 Ton to a 9 Ton Street
(Prom Exhibit A)
$
15,122.70
Determine City Cost to Design Storm Sewer
Facilities which Drain 6.4 Acre Area outside
of Plat and Design of Sidewalk along
Priorwood Street for the 280 Foot Section
outside of the Plat
$
3,100.00
Determine City Cost for Right-of-Way on Duluth Avenue
Per the City's Assessment Policy on the Collector Street Fee, the City will
reimburse any Right-of-Way in excess of 60' at a current rate cost of
$13,OOO/Acre. Duluth Avenue has a half ROW width of 40' for a length of 125'
+147' = 272'. The existing half ROW width was 33'. The ROW reimbursement
cost to the Developer is as follows:
272' x 7' = 1904 sq. ft. or 0.0437 acres
Reimbursement = 0.0437 acres @ $13,000/acre = $
56~.1 0
EXHIBIT E
SPECIAL CONDITIONS
1. The Developer is responsible for the installation of the street lighting. The Developer
shall pay the full capital cost of every light to be installed; this includes poles, fixtures,
underground wiring, and all appurtenant work. The Developer shall pay operation and
maintenance for the light system until the City accepts the project, at which time the
billing shall be transferred to the City. 100 or 150 watt high pressure sodium lights in
traditional or cobra-head style (as approved by the City and the utility) shall be the
standard for new subdivisions. Where a portion of the development is already lit, new
lights shall match in style and wattage those already in place. The Developer shall
provide a street light system in accordance with Exhibit H. The street light plan must be
acceptable to the City Engineer and in accordance with Exhibit H.
2. The Developer is responsible for installing all the lot corners by November 1, 1996. All
lot corners shall be set and visible on this date.
EAGLECRK.DOC
EXHIBIT F (1)
FIRST COMPLETION DATE
Bond No.
PERFO~"IANCE/W ARRA1~TY BOND
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 ~lOO dollars ($ ) for payment
whereof Principal ar:d 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 bet\veen Principal and
Obligee for including, but not limited to, _
Sanitarv Sewer. Watennain. Storm Sewer and Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the First Completion
Date was completed and the Principal received acceptance on and the
Principal has requested the Obligee to reduce the Letters of Credit; and
WHEREAS; the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
Performance/Warranty Bond in an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of the Principal's
obligations as set forth in the Developer's Agreement.
NOW THEREFORE, if the Principal shall for and within the period of time from and after the
Actual First Completion Date and through the acceptance of the subdivision and developer
improvements as set forth in the Developer's Agreement and through the Warranty Period; (1)
maintain the Public Improvements, (2) repair any damage to the Public Improvements caused by
the Principal, its agents, servants, employees, successors or assigns, or any subcontractor hired
by such contractor, (3) repair or replace any defective workmanship or material in the Public
Improvements, and (4) make good and protect the Obligee against the results of any defective
workmanship or materials appearing to have been incorporated in any part of the Public
Improvements which shall have appeared or been discovered within the period of time after the
First Completion Date, and through the acceptance of the subdivision and Developer
EAGLECRK.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.
For purpose of this Performance/Warranty Bond, Principal and Surety agree that in the event that
any Public Improvements are damaged, the burden shall be on the Principal to show that such
damage was not caused by Principal, its agents, servants, employees, successors or assigns or by
any contractor hired by Principal, its agents, servants, employees, successors or assigns, or any
subcontractor hired by such contractor;
Any suit under this Bond must be instituted before the expiration date of t\vo (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. lVIail,
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:
Princi pal
By:
Surety
By:
Attorney-in-Fact
EAGLECRK.DOC
EXHIBIT F (2)
SECOND COMPLETION DATE
Bond No.
PERFO&~ANCE~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 ~lOO dollars ($ ) for payment
whereof Principal and Surety jointly and severally bind themselves and their respective heirs,
successors, assigns and legal representatives firmly by these presents.
WHEREAS, Principal has heretofore deposited with the City of Prior Lake, Letter of Credit to
guaranty the completion of payment for and maintenance of the public improvements as set forth
in the Developer's Agreement dated between Principal and
Obligee for including, but not limited to, _
Sanitarv Se\ver. Watermain. Storm Sewer ::md Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the Second
Completion Date was completed and the Principal received Final Acceptance on
and the Principal has requested the Obligee to reduce the Letters of Credit; and
WHEREAS; the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
Performance/Warranty Bond in an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of the Principal's
obligations as set forth in the Developer's Agreement.
NOW THEREFORE, if the Principal shall for and within the period of time from and after the
acceptance of the subdivision and developer improvements as set forth in the Developer's
Agreement and through the Warranty Period; (1) maintain the Public Improvements, (2) repair
any damage to the Public Improvements caused by the Principal, its agents, servants, employees,
successors or assigns, or any subcontractor hired by such contractor, (3) repair or replace any
defective workmanship or material in the Public Improvements, and (4) make good and protect
the Obligee against the results of any defective workmanship or materials appearing to have been
incorporated in any part of the Public Improvements which shall have appeared or been
discovered within the Warranty Period, and cover all obligations including attorney fees,
EAGLECRK. DOC
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 Performance/Warranty Bond, Principal and Surety agree that in the event that
any Public Improvements are damaged, the burden shall be on the Principal to show that such
damage was not caused by Principal, its agents, servants, employees, successors or assigns or by
any contractor hired by Principal, its agents, servants, employees, successors or assigns, or any
subcontractor hired by such contractor;
Any suit under this Bond must be instituted before the expiration date of two (2) years after the
Completion Date;
No right of action shall accrue under this Bond to or for the use of any person or corporation
other than the Obligee, its successors or legal representatives.
Any notice required hereunder shall be deemed properly served when deposited in the U.S. Mail,
certified, postage prepaid, addressed to any party at its address hereinafter set forth.
SIGNED, SEALED AND DATED this
day of
, 19~
In the presence of:
Principal
By:
Surety
By:
Attorney-in-Fact
EAGLECRK.DOC
EXffiBIT G
DEVELOPER INSTALLED AND FINANCE IMPROVEMENTS AND COMPLETION DATES
The items checked with an '~x" below are the DEVELOPER INSTALLED AND FINANCE IMPROVEMENTS.
CHECKED
x
x
x
x
x
x
x
x
x
x
EAGLECRK.OOC
COMPLETION DATE
September 1, 1996
September 1. 1996
November 1, 1996
November 1,1996
November I, 1996
September 1, 1997
September 1. 1997
September 1. 1997
City Responsibility
Not Required
Not Required
September 1. 1997
Not Required
September 1, 1997
IMPROVEMENT
site grading, pond construction. & erosion control
street grading
subdivision monuments
utilities (sanitary sewer, watermain, storm sewer & service
lines)
streets (concrete curb & gutter, gravel base & first lift of
bituminous pavement)
wear course lift of bituminous pavement
boulevard restoration
street lights
street signage
site landscaping
reforestration
wetland mitigation
right of way acquisition outside of Plat
sidewalks/trails
EXHIBIT H
RESIDENTIAL STREET LIGHTING POLICY
BACKGROUND:
The City intends that this street lighting policy promote the safe travel of city streets in a manner both fair and
affordable to the City and its residents. Residential street lighting promotes pedestrian and traffic safety to the
extent that the City shall approve street lighting where warranted by such concerns. Lighting requests shall come
either by recommendation of the City Engineer or by resident petition. The capital costs of residential street lighting
shall be the responsibility of those residents, or any portion of those residents, detennined to be affected by the light.
NEW SUBDIVISIONS:
All lighting plans require approval by the City and the utility responsible for street light operation and maintenance.
In new subdivisions street lights shall be placed at intersections, every 300 feet between intersections where
intersections are more than 600 feet apart, and at the ends of cul-de-sacs where the distance from said end to the
intersection of the cul-de-sac where the street is greater than 300 feet. Within their developments, developers shall
also install lights to City standards at the intersections of residential streets with collector streets. The developer
shall pay the full capital cost of every light to be installed; this includes poles, fixtures. underground wiring, and all
appurtenant work. The developer shall pay operation and maintenance for the light system until the City accepts the
project, at which time the billing shall be transferred to the City. 100 or ISO watt high pressure sodium lights in
traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions.
Where a portion of the development is already lit, new lights shall match in style and wattage those already in place.
In cases where developers wish to install more lights than warranted by City policy, or wish to install non-standard
lights, monthly operation and maintenance becomes the responsibility of the development's residents through their
homeowner's association or similar organization. The City will not take over such non-standard systems. though
City approval shall still be required.
EXISTING SUBDIVISIONS:
Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's
office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that,
in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street
light. Since the benefit of such installations extends to the City as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of
the neighbors affected by the proposed light. The affected area shall be 100 linear feet on either side of the
proposed light, on both sides of the street. The placement of the proposed light shall be specified in the petition.
Petitioners shall approach the City prior to circulating their petition to obtain direction as to where street lights are
warranted for their neighborhoods. Lights shall be approved only as they meet the following warrants for existing
subdivisions: intersections, between intersections at intervals of 300 feet where the distance between intersections is
greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-
de-sac with the street is greater than 300 feet.
If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the
installation of the light and shall include the cost of poles, fixtures, underground wiring, and all appurtenant work.
The method of payment shall be as directed by the City Finance Department. The City shall assume operation and
maintenance costs for a light from the time it is energized by the utility.
In existing developments new lights shall match in style and wattage those already in place. If no lights be currently
in place, then 100 or 150 watt high pressure sodium lights in cobra-head or traditional style shall be the standard.
EAGLECRK.DOC
AGENDA #
PREPARED BY:
SUBJECT:
DATE:
4E
LAURIE DA VIS-FRIEDGES
RENEWAL OF REFUSE HAULERS PERMIT FOR
WOODLAKE SANITARY SERVICE
JULY 1, 1996
INTRODUCTION:
W oodlake Sanitary Services an affiliate of BFI is applying for
renewal of their 1996-1997 refuse haulers permit within the City
of Prior Lake.
BACKGROUND:
Prior Lake City Code provides that refuse haulers in the
community are to apply for and receive their license annually.
W oodlake Sanitary Services have been licensed in the past in
the City of Prior Lake. Wood lake Sanitary Services did not
receive their renewal packet as did the previous licensed haulers,
therefore they are applying at this date. Prior Lake Police have
not filed any complaints with the license department regarding
W oodlake Sanitary Services.
DISCUSSION:
All fees, applications, insurance information and bonds have
been received are in order..
ALTERNATIVES:
The City Council has the following alternatives:
I. Adopt a motion as part of the consent agenda approving the
application of W oodlake Sanitary Services for a refuse
haulers permit. Permit will need Mayor and City Manager
signatures if approved.
2. Deny the renewal.
RECOMMENDATION:
Staff recommends Council approve the 1996-1997 refuse
haulers permit for W oodlake Sanitary Services.
A motion approving the refuse haulers permit for W oodlake
~Sanitary Services as part of the consent agenda would be in
order.
ACTION REQUIRED:
16200 ~~M2<S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.....'"
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
RECOMMENDATION:
ACTION REQUIRED:
STAFF AGENDA REPORT
~~K BOYLES, CITY MANAGEQ~
CONSIDER APPROVAL OF CONTR~OR USE
OF FIRE SAFETY HOUSE FOR sAFETY CAMP.
JULY 1, 1996
Until the Fire Department receives its Fire Safety
House, the City of Prior Lake would need to contract
with the City of Rosemount for use of their Fire Safety
House. Attached is a contract between the City of Prior
Lake and Rosemount which would provide for the use of
their Fire Safety House on Friday, July 12th for Safety
Camp. The cost of last year's rental was $286 including
the facility and supplies. This year we expect the cost to
be similar. The cost is included in the Recreation Budget
as part of the Safety Camp program.
I recommend the City Council authorize the Mayor and
City Manager to execute the contract for use of the Fire
Safety House in association with the July 12th Safety
Camp.
Motion and second as part of Consent Agenda to
authorize the Mayor and City Manager to execute the
contract for use of the Fire Safety House.
701964F.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
",,-.._......,.~ .""---'"""-"'--,-^'~.~_.",,.,"""-~~"""'*
CONTRACf FOR USE OF FIRE SAFETY HOUSE
THIS AGREEMENT, dated this /lW day of
Jt.4~E
19 <JIe1, by and between the City of Rosemount, a Minnesota municipal corporation,
(hereinafter referred to as "Provider") and ~~ ~ A ~.... tzeSc.u E
(hereinafter referred to as "User).
WITNESSETH:
WHEREAS, the Provider is the owner of a fire safety house which is used by the
City of Rosemount for educational, instructional and training purposes relating to the
education of the general public in fire safety, and the training of fire fighters that serve
the City of Rosemount; and
WHEREAS, the User wishes to rent the fire safety house for the same purposes;
and
WHEREAS, the parties wish to enter into an agreement defining the rights and
responsibilities of each party while the fire safety house is in the possession and control
of User herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. User shall have the use of the rue safety house during the following period of
time: <SAfer-( ~ - JL{U1 12... \11iD 7:coJcM- - 4:0Dp_
2. User will pay rental and delivery charges for the use of the fire safety house at
the rates specified in the attached scJ:1edule of costs. The daily rental cost will be
charged for each day the fire safety house is in the possession of the user, including the
first and last days specified in paragraph 1. In addition to the daily rental and delivery
cost, user will pay for mileage; replacement of consumables used by user, including
fogging fluid; and cleaning costs for cleaning of the safety house if it is not cleaned prior
to return to the City of Rosemount, in accordance with the schedule of costs attached to
this agreement. User will also pay for replacement of missing items and repair or
replacement of damage to the fire safety house or its equipment. The City of
Rosemount will deliver the fire safety house to the following location:
90JD ~..r\ B~ by
fJ (~.m.) on ~. the t I r.!: day of JI.l"1
19~. The City of Rosemount will retrieve the fire safety house from the same location
at approximately 4- (? .m.) on ~ ftU~, ~ )t{U-( 1'2.-
19 "/p. User will not move the fire safety house from the location to which it is delivered
by the City of Rosemount. In the event User wishes to retain the services of the City of
Rosemount or its Volunteer Fire Department to move the fire safety house during the
rental period or to provide any other services for operation of the fire safety house, such
services and the compensation to be paid to the City of Rosemount shall be set forth in
a separate written addendum to this Agreement.
3. It is expressly understood that during the time period of use as specified in
paragraph 1 above, or until such time as the safety house is returned to Provider herein,
that User has complete direction, supervision, and control over the safety house and is
fully responsible for all actions taken and decisions made with regard to the use made of
the fire safety house. The intended purpose of this paragraph is to shift all risk of loss
for accident or injury to the User herein, while the fire safety house is in the possession
2
and control of the User, from the time the fire safety house is delivered to the User by
the City of Rosemount until the time it is retrieved by the City of Rosemount.
4. The User shall supply the City of Rosemount with a certificate of insurance for
personal injury and property damage against liability for bodily injury and property
damage that my occur to the fire safety house itself or that may occur to any third
parties injured by the User's use of the fire safety house while in its possession, in an
amount not less than $300,000.00 per person per accident, and the property damage
insurance to be in an amount and in a form as may be required by the City of
Rosemount. User shall not be entitled to transport or otherwise remove the fire safety
house from the City of Rosemount or take possession and control of the fire safety house
under the terms of this agreement until such proof of insurance is shown.
5. User shall indemnify the City of Rosemount, the Rosemount Volunteer Fire
Department, and the Rosemount Fire Relief Association, their officers, agents and
employees against all expenses, liabilities and claims of every kind, including reasonable
counsel fees, by or on behalf of any period or entity arising out of either (1) failure by
User to perform any of the terms or conditions of this agreement, (2) any injury or
damage happening while the fire safety house is under the direction and control of the
User under the terms of this agreement, (3) failure to comply with any law or any
governmental authority, or (4) any other cause of action arising due to the use of the fire
safety house by User while under its direction and control.
6. Notwithstanding any other terms of this agreement, User acknowledges that
the fire safety house is to be used for instructional, educational, or training purposes, and
3
for no other use. It is acknowledged that User is renting the fire safety house for the
following purpose:
~ fetL1 Ckf\.kf
7. If the fire safety house becomes damaged while in the possession of the User,
or is otherwise returned to Provider herein in a condition different from when it was
taken out, reasonable wear and tear excepted, User shall be fully responsible for the
damages.
WHEREFORE, the parties have placed their hands and seals on the date first
written above.
PROVIDER:
CITY OF ROSEMOUNT
Mayor
City Clerk
USER:
CITY OF ~,ot- ~
Mayor
City Clerk
4