HomeMy WebLinkAbout7C - Eagle Creek Villas
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STAFF AGENDA REPORT
u[
DONALD RYE, PLANNING DIRECTOR;JOHN
WINGARD, ACTING PUBLIC WORKS DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 96-71
APPROVING FINAL PLAT AND DEVELOPERS
AGREEMENT FOR "EAGLE CREEK VILLAS"
JULY 15, 1996
7C
This application was before the Council at the July 1, 1996
meeting. At that time, approval was deferred because of a
question concerning the possible need to bid the storm
sewer portion of the project as a public improvement.
Agenda item 7B is a report from the City Attorney
concerning the bidding issue. It is staffs understanding that
state statute exempts improvements made by the developer
as part of a subdivision from the normal competitive
bidding process. Consequently, it appears that this final plat
may be approved.
The City has reviewed the prices of the work that will be
reimbursed and the prices are fair and reasonable.
The City has also reviewed the developers agreement to
identify the City improvements more clearly. The
developer has reviewed the changes to the contract and has
signed the new developers agreement which is attached.
The issue in this case was whether the improvements as
part of the plat were subject to the normal bidding process
or the improvements could be made by the developer as
outlined in the developers agreement. It appears that the
developer is exempted from the competitive bidding
process.
1. Approve Resolution 96-71
2. Deny Resolution 96-71
3. Defer consideration of this item for specific reasons.
Alternative 1
EAGLCRFP,OOCIDR I
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-71
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: Tom Kedrowski SECOND BY:
Pete Schenck
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 15th day of July, 1996.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{ Seal}
R1i~~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42451
AN EQUAL OPPORTUNITY EMPLOYER
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the 15th day of ~ 192.6, by and between
the City of Prior Lake, (hereinafter "City") a municipal corporation organized under the laws of the State
of Minnesota and Eal:le Creek Villas LLC., (hereinafter "Developer") a Minnesota corporation.
WITNESSETH THAT:
WHEREAS, DEVELOPER is duly organized to do business in the State of Minnesota and owns
the Property within the City of Prior Lake; Scott County, Minnesota legally described in attached Exhibit
C, and
WHEREAS, DEVELOPER desires to develop the Property; and
WHEREAS, DEVELOPER has made application to CITY COUNCIL for approval of the plat of
the Property; and
WHEREAS, the CITY has granted preliminary plat approval and final plat approval to ~
Creek Villas subject to certain conditions including that the DEVELOPER enter into this Agreement
to provide for installation of DEVELOPER IMPROVEMENTS and all other improvements hereafter
described all on the terms and conditions hereafter set forth.
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429, and
462, the COUNCIL has agreed to approve the final PLAT and APPROVED FINAL PLANS, and
NOW, THEREFORE, in consideration of these premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. DEFINITIONS. RULES OF INTERPRET A TION AND EXHIBITS.
A. Definitions
In this Agreement the following terms shall have the following respective meanings unless the
context hereof clearly requires otherwise:
a. "Agreement" means this Contract for Development of Land in the City of Prior Lake,
Minnesota, by and between CITY and DEVELOPER, Eagle 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 IMPROVEMENTS.
c. "City" means the City of Prior Lake, a governmental' subdivision of the State of
Minnesota.
d. "City Attorney" means the CITY ATIORNEY 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.
1. "Developer" means
Eagle Creek Villas
, its successors and assigns.
j. "Developer Improvements or Developer Installed and Financed 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.
DEVELOPER IMPROVEMENTS also include those public improvements set out in
Exhibit D as CITY costs which will be constructed by the DEVELOPER and paid for by
the CITY. If CITY costs are addressed in the manner described above, every reference
to DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS must be changed
to DEVELOPER IMPROVEMENTS.
k. "Event of Default" shall mean whenever it is used in this AGREEMENT anyone or
more of the following events: (I) failure by DEVELOPER to timely pay all real property
taxes assessed with respect to the PROPERTY; (ii) failure to construct the
DEVELOPER'S IMPROVEMENTS pursuant to the terms, conditions and limitations of
this AGREEMENT; (iii) failure by DEVELOPER to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under this
AGREEMENT; (iv) transfer of any interest in DEVELOPER; (v) failure to correct any
warranty deficiencies; (vi) failure by DEVELOPER to timely pay all contractors,
subcontractors and material suppliers for the DEVELOPMENT FINANCED AND
INSTALLED IMPROVEMENTS; (vii) failure by DEVELOPER to reimburse CITY for
any costs increased by CITY in connection with this AGREEMENT , including the
enforcement thereof; including, but not limited to engineering fees, inspection and
testing fees, attorney fees and other professional fees; (viii) if the term of the
IRREVOCABLE LEITER OF CREDIT, the Payment Bond, the Performance Bond or
the Warranty Bond will expire prior to the expiration of the Warranty Period, the failure
by DEVELOPER to renew the IRREVOCABLE LETTER OF CREDIT, the
Performance Bond or the Warranty Bond at least forty-five (45) days prior to its
expiration.
l. "First Completion Date" means
November 1 1996
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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.
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 Eaile:Creek Villas comprising the real property
located in Prior Lake, Scott County, Minnesota and legally described on the attached
Exhibit C.
s. "Policy for Private Development Projects" means the POLICY FOR PRIVATE
DEVELOPMENT PROJECTS adopted by the CITY COUNCIL as may be amended
from time to time.
t. "Property" means the real property, together with improvements, if any, described in
Exhibit C.
u. "Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the l\tlinnesota 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 Eaile 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 the CITY as may be amended 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. Storm sewer improvements are reimbursed
by the CITY to the DEVELOPER as shown on Exhibit D.
y. "Street Improvements" means street grading, graveling, and stabilizing including
construction of boulevards and turf establishment in accordance with policies and
ordinances of the CITY as may be amended from time to tir.ne.
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
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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.
bb. "Unavoidable Delay" means Acts of God, casualties, war, civil commotion, embargo,
riots, utilities, energy or fuels, failure after diligent effort to obtain required environment
or other approvals, authorization or permits, any acts or omissions of any governmental
authority with jurisdiction, other than the CITY, and all other causes of events which are
beyond the DEVELOPER'S or the CITY's control.
cc. "Construction Inspection of Developer Projects" means the inspection of
DEVELOPER'S INSTALLED AND FINANCED IMPROVEMENTS; by the CITY
ENGINEER or his designee; including any Consultant Engineers hired by the CITY, the
costs of which are to be either reimbursed to the CITY by the DEVELOPER or at the
election of the CITY paid directly to consultant by the DEVELOPER. The costs of
inspection of grading and erosion control improvements by the CITY or by the City's
Consultant Engineers are to be reimbursed also by the DEVELOPER.
dd. "Utility Companies" means and includes~ jointly and severally, the following:
1. railroad companies
2. utility companies, including electric gas, telephone, and cable
3. pipeline companies.
ee. "Prior Easement Holders" means and includes, jointly and severally, all holders of any
easements or other property interests which existed prior to the grant or dedication of
any public easements transferred by the PLAT or transferred pursuant to this
AGREEMENT
ff. "Developer Public Improvements" means and includes, jointly and severally, all the
improvements identified and checked on the attached Exhibit G that are further labeled
"public". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be
constructed by the DEVELOPER within public right-of-way and which are to be
approved, accepted and paid for by the CITY.
gg. "City Improvements" means and includes, jointly and severally, all the improvements
identified and checked on the attached Exhibit D.
B. Interpretation
a. This AGREEMENT shall be interpreted in accordance with and governed by the laws of
the State of Minnesota. The words herein and hereof and words of similar import,
without reference to any particular section or subdivision, refer to this AGREEMENT as
a whole rather than to any particular section or subdivision hereof.
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b. Reference herein to any particular section or subsection hereof are to the section or
subsection of the AGREEMENT as originally executed.
Titles in this AGREEMENT are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
c. The following exhibits are attached hereto, incorporated by reference and made a part of
this AGREEMENT as if fully set forth herein.
I. Exhibit A - Cost of Developer Improvements
II. Exhibit B -Irrevocable Letter of Credit
III. Exhibit C -Legal Description of Property
iv. Exhibit 0 - Developer and City Cost Summary
v. Exhibit E - Special Conditions
VI. Exhibit F - Performance/Warranty Bond
VII. Exhibit G - DEVELOPER IMPROVEMENTS and Completion Dates
VIlI Exhibit H - Street Lighting
ix Exhibit I - Request for Withdrawal from Wetland Bank
2. DEVELOPER IMPROVEMENTS
2.1 General Provisions
a. DEVELOPER shall construct and install, at DEVELOPER'S expense, except as hereinafter provided,
the DEVELOPER IMPROVEMENTS, in accordance with the tenns of this AGREEMENT, the
policies and ordinances of the CITY, and all local, state and federal laws and regulations and the
APPROVED FINAL PLANS; including, but not limited to, environmental, zoning, building code and
public health laws and regulations and in accordance with the plans, specifications, drawings and
related documents submitted and approved, and shall timely pay all contractors, subcontractors, and
suppliers/materialmen for the DEVELOPER IMPROVEMENTS.
b. The plans, specifications, drawings and related documents shall be prepared by a Registered
Professional Engineer subject to review and written approval by CITY ENGINEER.
c. Changes in plans, specifications, drawings and related documents will only be pennitted if th,e revised
plans, specifications, drawings and related documents are submitted to and approved in writing by
CITY ENGINEER prior to making any of the contemplated changes.
d. Prior to construction of the DEVELOPER IMPROVEMENTS, DEVELOPER shall provide the CITY
with an executed copy of any contract entered into by DEVELOPER with a third party for the
installation of the DEVELOPER IMPROVEMENTS.
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e. On or before the date hereof, 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. Prior to the CITY executing this AGREEMENT, DEVELOPER shall furnish to the CITY, the
IRREVOCABLE LEITER OF CREDIT required pursuant to this AGREEMENT or Cash
Escrow Deposit.
g. Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary Sewer
Improvements and Watermain Improvements shall be completed by the FIRST
COMPLETION DATE. Permanent Street Improvements, Trailway/Sidewalk Improvements,
Landscaping Improvements, Traffic Signing Improvements and all other DEVELOPER
IMPROVEMENTS as per plans and specifications shall be completed by the SECOND
COMPLETION DATE. Noncompliance with either the FIRST COMPLETION DATE or the
SECOND COMPLETION DATE unless caused by an 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 IMPROVEMENTS in accordance with
the Policy for Private Development Projects adopted by the CITY. Inspection services by the
CITY shall include:
1. Inspection of public improvement systems which include grading, sanitary sewer,
watermain, storm sewer/ponding and street system
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain, and storm sewer facilities.
4. Coordination with testing company for soil and material testing and actual material
testing costs as performed by City consultants or City staff.
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 LEITER 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 LETTER
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OF CREDIT has been increased to at least the amount of such construction inspection service
charges together with the sums necessary to secure the DEVELOPER IMPROVEMENTS.
2.3 Developer Services
The DEVELOPER or its Consulting Engineer shall be responsible for providing all other
construction services including, but not limited to:
a. Construction surveying.
b. As-built drawings of development improvements including grading plans. (Tie
dimensions to sewer and water services from City staff or City consultant).
c. Construction quantities.
d. Change orders.
e. Construction administration of project.
f. Construction payment vouchers.
g. Project Testing - The DEVELOPER is responsible through its testing company, at the
DEVELOPER'S cost, to provide testing to certify that DEVELOPER
IMPROVEMENTS 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 ENGINEE~ the DEVELOPER shall remove the silt fences after grading
and construction have occurred.
2.6 Subdivision Monuments
The DEVELOPER shall install all subdivision monumentation within one year from the date of
recording the PLAT, or the monumentation shall be installed on a per lot basis at the time the
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building permit for the subject lot is issued~ whichever occurs first. At the end of the one year
period from recording of this AGREEMENT, the DEVELOPER shall submit to the CITY
ENGINEER written verification by a registered land surveyor that the required monuments have
been installed throughout the PLAT.
2.7 Occupancy
No occupancy of any building in the PLAT shall occur until water and sanitary sewer
improvements have been installed and the streets have been adequately graded and the gravel
sub-base course of bituminous have been constructed and said improvements have been
inspected and approved by the CITY and are determined by the CITY to be available for use.
2.8 Driveways
The DEVELOPER ~t 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 Purchase of Wetland Credit by City from Developer
As part of this AGREEMENT, the CITY shall acquire Wetland Credit as described. on Exhibit
"I" to mitigate filled wetland areas which occurred as a result of the development of the
PROPERTY. The Wetland Credit shall be utilized for the creation of a water quality pond to
treat runoff associated with the future reconstruction of Duluth Avenue. The purchase price for
the Wetland Credit shall be $3,800.00.
2.11 Erosion Control
a. The DEVELOPER shall provide and follow a plan for erosion control and pond
maintenance in accordance with the Best Management Practices (BMP) as delineated in
the Minnesota Pollution Control Agency's Handbook titled "Water Quality in Urban
Areas". Such plan shall be detailed in the APPROVED FINAL PLANS and shall be
subject to approval of the CITY. The DEVELOPER shall install and maintain such
erosion control structures as necessary under the APPROVED FINAL PLANS or
become necessary subsequent thereto.
b. As required by the CITY, the DEVELOPER shall be responsible for all damage caused
as the result of grading and excavation within the development including, but not limited
to, restoration of existing control structures and clean-up of public right-of-way, until all
lots are final graded and improvements are completed. The erosion control plan shall
8
provide that the DEVELOPER shall re-seed or sod any disturbed areas in accordance
with the APPROVED FINAL PLANS. The DEVELOPER shall provide the required
wet storage volume in the water quality treatment ponds at the time of acceptance of the
DEVELOPER IMPROVEMENTS by the CITY.
c. After NOTICE to the DEVELOPER as described in Section 15, 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 LEITER OF CREDIT.
2.12 Access
The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a
non-revocable license to enter the PLAT during the installation of CITY IMPROVEMENTS and
DEVELOPER IMPROVEl\tIENTS to perform all work and inspections deemed appropriate by
the CITY.
3. DEVELOPER REPRESENTATIONS
3.1 DEVELOPER represents and warrants that neither the execution and delivery of this
AGREEMENT, the consummation of the transactions contemplated hereby, nor the fulfillment
of or a compliance with the terms and conditions of this AGREEMENT is prevented or limited
by, or in conflict with or will result in breach of, the terms, conditions or provisions of any
restriction of DEVELOPER, or evidence of indebtedness, agreement or instrument of whatever
nature to which DEVELOPER is now party or by which it is bound or will constitute a default
under any of the foregoing. DEVELOPER further represents and warrants that DEVELOPER
will cooperate with CITY with respect to any litigation commenced with respect to the
PROPERTY or DEVELOPER INSTALLED AND FINANCED IMPROVEMENTS.
DEVELOPER represents and warrants that the DEVELOPER INSTALLED AND FINANCED
IMPROVEMENTS will conform to all laws, regulations and ordinances of all local, state and
federal government authorities.
3.2 Whenever an EVENT OF DEFAULT occurs and CITY shall employ attorneys or incur other
expenses, including employment of experts, for the collection of payments due or to become due
or for the enforcement or performance or observance of any obligation or agreement on the part
of DEVELOPER herein contained, DEVELOPER agrees that it shall, on demand thereof, pay to
CITY the reasonable fees of such attorneys and such other expenses so incurred by CITY.
3.3 DEVELOPER agrees to hold harmless, indemnify and defend CITY, its COUNCIL! agents,
employees and CITY A TIORNEY against any claims or actions brought as a result of
DEVELOPER'S performance under this AGREEMENT or as a result of alleged actions or
omissions on the part of DEVELOPER, its employees or agents.
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4. OVERSIZING
4.1 CITY and DEVELOPER agree that the DEVELOPER IMPROVEMENTS should be oversized
for the benefit of future development. CITY and DEVELOPER agree that the cost of system
oversizing to be reimbursed to the DEVELOPER is $15.690 80 based upon an estimate as
determined by the CITY ENGINEER. The oversizing includes $15,122.70 for upgrading
Priorwood from a 7 ton to a 9 ton street, and $568.10 for right-of-way on Duluth Avenue. Both
of these items will be reimbursed to the DEVELOPER from the CITY'S Collector Street Fee
Fund.
DEVELOPER shall pay CITY upon demand the Trunk Oversizing Costs per the schedule
outlined in the City's Assessment Policy. These rates are as follows:
S & W Acreage
Trunk Storm Sewer (Multi-family)
Collector Street Fee
$3,500.00/net acre
$ O.168/net sq. ft.
$1 ,500.00/net acre
DEVELOPER waives any and all claims, assertions, causes of action, in law or in equity, as to
the costs and calculations and/or determinations of them, as made by or on behalf of CITY to
determine the cost for all "oversizing and upgrading" requirements of DEVELOPER as may be
specified and contained in this AGREEMENT or attachments hereto. The parties acknowledge
and agree that the fees and costs allocated to CITY and DEVELOPER, as set forth herein and in
exhibits attached hereto, may be based upon estimated costs made by or on behalf of CITY. The
cost of the oversizing, as estimated by or on behalf of CITY, is binding upon CITY and
DEVELOPER.
4.2 DEVELOPER shall install on behalf of the CITY those Public Improvements described in
Exhibit D under the section titled CITY costs. The CITY shall pay to the DEVELOPER for the
cost of said Public Improvements an amount not to exceed the amount set forth in Exhibit D for
each item under CITY costs. The waiver provided for in Section 4. I shall also apply to costs
associated with the DEVELOPER construction of the Public Improvements.
5. INSURANCE
5.1 On or before the date hereof, DEVELOPER and its contractors shall procure and maintain or
cause to be maintained during the term hereof, at its sole cost and expense, the following types of
insurance in the amounts specified and in the form provided for below:
a. Comprehensive general public liability insurance against claims for bodily injury, death
or property damage occurring upon or in the Property and the improvements, such
insurance to afford protection to a combined single limit of not less than $2.000.000.00
with respect to death or injury to anyone or more persons and $1.000.000 00 with
respect to property damage. Insurance term shall expire at the conclusion of the
warranty period.
b. Workers compensation insurance, with statutory coverage.
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c. Such other insurance in such amounts as is customarily carried by like organizations
engaged in like activities of comparable size and liability exposure.
5.2 The policies of insurance required hereunder shall be taken out and maintained with responsible
insurance companies licensed to transact business in the State of Minnesota. Certificates
evidencing such insurance shall be furnished to CITY upon commencement of construction of
DEVELOPER IMPROVEMENTS. Each policy shall contain a provision that the insurer shall
give not less than thirty (30) days advance written notice to City in the event of cancellation of
the policy, non-renewal or changes affecting the coverage thereunder.
5.3 CITY shall be named as an additional named insured under all policies required to be maintained
by DEVELOPER and executed copies of all such policies of insurance or certificates thereof
shall be delivered to CITY promptly upon their issuance and thereafter until thirty (30) days
prior to the expiration of the term of each such policy. As often as any such policy shall expire
or terminate, renewal or additional policies shall be procured and maintained by DEVELOPER
in like manner and to like extent.
6. STREET MAINTENANCE DURING CONSTRUCTION
DEVELOPER shall be responsible for all street maintenance until the DEVELOPER
IMPROVEMENTS are accepted by the CITY. Warning signs and detour signs, if determined to
be necessary by the CITY ENGINEER, shall be placed when hazards develop in streets to
prevent the public from traveling on same and directing attention to detours. If and when streets
become impassable, such streets shall be barricaded and closed. DEVELOPER shall be
responsible for keeping streets within and without the Subdivision swept clean of dirt and debris
that may spill or wash onto the streets. The DEVELOPER shall daily clean streets of dirt and
debris which has resulted from construction work by the DEVELOPER and its agents or assigns.
7. ESCROW REQUTREMENT
7.1 The DEVELOPER shall deposit with the CITY an IRREVOCABLE LEITER OF CREDIT in
the amount of $319 882 31.
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 terms
provided it is automatically renewable for successive one year periods from the present
or any future expiration dates with a final expiration date of September I 1998: and,
further provided that the IRREVOCABLE LETTER OF CREDIT states that at least
ninety (see Exhibit E) (90) days prior to the expiration date the bank will notify the City
that if the bank elects not to renew for an additional period.
11
7.3 The IRREVOCABLE LETTER OF CREDIT shall secure compliance by the DEVELOPER with
the terms of this AGREEMENT, including but not limited to any and all conditions of the
Resolution approving the final PLAT. In the EVENT OF DEFAULT, the CITY, after NOTICE
as provided for in Section 15, may draw on the IRREVOCABLE LETTER OF CREDIT.
8. ACCEPTANCE OF PLAT AND DEVELOPER INSTALLED AND FINANCED
IMPROVEMENTS
CITY will accept the PLAT and DEVELOPER IMPROVEMENTS after it has been completed
in accordance with the provisions of this AGREEMENT and based on the terms and conditions
set forth in the Resolution approving the final PLAT, the policies and ordinances of the CITY,
and all local, state and Federal laws and regulations. DEVELOPER shall furnish certificates of
completion for the completed DEVELOPER IMPROVEMENTS certifying that the work has
been completed in accordance with the terms of this AGREEMENT and shall also furnish mylar
"as-built" reproducibles for all phases of construction included in this AGREEMENT. Prior to
acceptance of the completed DEVELOPER IMPROVEMENTS by the CITY ENG~EER,
DEVELOPER shall furnish to CITY an IRREVOCABLE LETTER OF CREDIT guaranteeing
satisfactory performance of the DEVELOPER HvtPROVENtENTS in an amount equal to 150/0 of
the original cost next to THE DEVELOPER IMPROVEMENTS. 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 50/0 of the original cost of the DEVELOPER
IMPROVEMENTS to be completed by the FIRST COMPLETION DATE plus 1250/0 of
the original cost of DEVELOPER IMPROVEMENTS to be completed by the SECOND
COMPLETION DATE, after acceptance of all DEVELOPER IMPROVEMENTS to be
completed by the FIRST COMPLETION DATE by the CITY ENGINEER in writing,
and by providing the CITY a Performance Bond or a Warranty Bond from the
DEVELOPER and its contractors, in an amount equal to the cost of the DEVELOPER
IMPROVEMENTS to be completed by the FIRST COMPLETION DATE. AlI'punch
list items related to the FIRST COMPLETION DATE must be completed before a
reduction in security will be considered.
B. Irrevocable Letter of Credit-Second Completion Date. The IRREVOCABLE
LETTER OF CREDIT guaranteeing satisfactory performance of the DEVELOPER
IMPROVEMENTS can be reduced to 50/0 of the original cost of the DEVELOPER
IMPROVEMENTS after acceptance of all DEVELOPER IMPROVEMENTS by the
CITY ENGINEER in writing and by providing the CITY a Performance Bond or a
Warranty Bond from the DEVELOPER or its contractors in an amount equal to the
original cost of the improvements which shall be in force for one (1) year (the "Warranty
Period") following acceptance of all required improvements and shall guarantee
satisfactory performance of such improvements. All punch list items related to the
SECOND COMPLETION DATE must be completed before a reduction in security will
be considered. The Warranty Period shall begin effective the date that the: CITY
ENGINEER accepts all of the completed DEVELOPER IMPROVEMENTS, in writing,
including the mylar "as-built" reproducibles for all phases of construction included in
this AGREEMENT.
12
C. Warranty on Proper Work and Materials. The DEVELOPER warrants all work
required to be performed under this AGREEMENT against defective material and faulty
workmanship for a period of one (1) year after its completion and acceptance by the
CITY ("Warranty Period"). The DEVELOPER shall be solely responsible for all costs
of performing repair work required by the CITY within thirty (30) days of notification.
All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free
for one (1) year from the time of planting, any replacements shall be similarly warranted
for one year from the time of planting.
D. Faithful Performance of Construction Contracts. The DEVELOPER shall fully and
faithfully comply with all terms of any and all contracts entered into by the
DEVELOPER for the installation and construction of all of the DEVELOPER
IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers on all
DEVELOPER IMPROVEMENTS.
9. : RELEASE. HOLD HARMLESS
DEVELOPER releases from and covenants and agrees that CITY, its CITY COUNCIL, officers,
agents, servants and employees thereof (hereinafter for purposes of this paragraph, the
"indemnified parties") shall not be liable for and agrees to indemnify and hold harmless the
indemnified parties against any loss or damage to property or any injury to or death of any
person occurring at or about or resulting from any defect in the Property or DEVELOPER
IMPROVEMENTS.
10. EVENT OF DEFAULT
10.1 Whenever an EVENT OF DEFAULT occurs, the CITY after providing Developer NOTICE, as
required in Section 16, may take anyone or more of the following actions, unless a specific
NOTICE period is otherwise provided for by another Section of this AGREEMENT.
a. CITY may suspend its performance under the AGREEMENT.
b. CITY may cancel and rescind this AGREEMENT.
c. CITY may draw upon and/or bring an action upon any or all of the 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 perfonnance 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.
13
10.2 None of the actions set forth in this Section are exclusive or otherwise limit the CITY in any
manner.
11. ASSIGNMENT
11.1 DEVELOPER represents and agrees for itself, its successors and assigns that DEVELOPER has
not made or created and that it will not make or create or suffer to be made or created any total or
partial sale, assignment, conveyance or any trust or power to transfer in any other mode or form
of or with respect to this AGREEMENT or in DEVELOPER without the prior written approval
of the CITY.
11.2 The DEVELOPER may not transfer or assign this AGREEMENT FOR DEVELOPMENT
without the prior written permission of the COUNCIL. The DEVELOPER'S obligations
hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots,
the entire PLAT, or any part of it.
12. 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 gross acres, the value of 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.
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 EASEMENT HOLDERS
resulting from such failures of the DEVELOPER.
14
14. RECORDING
14.1 This AGREEMENT shall be recorded by DEVELOPER within thirty (30) days from approval of
the Resolution approving Final PLAT, and all terms and conditions of this AGREEMENT shall
run with the land herein described, and shall be binding upon the heirs, successors,
administrators and assigns of the DEVELOPER. The DEVELOPER shall provide and execute
any and all documents necessary to implement the recording. If there be more than one
developer, references herein to DEVELOPER shall mean each and all of them.
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 AGREEMENT or on the other party, such NOTICE shall be delivered
personally or mailed by United States mail to the addresses hereinafter set forth, by certified
mail, return receipt requested. Such NOTICE shall be deemed timely given when delivered
personally or when deposited in the mail in accordance with the above. The address of the
parties are as follows, until changed by notice given as above:
If to City:
City Engineer
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
Phone: 447-4230
With a copy to:
Suesan Lea Pace, Esq.
Campbell, Knutson, Scott and Fuchs, P.A.
1380 Corporate Center Curve, Suite 317
Eagan, MN 55121
Phone: 452-5000
If to Developer:
John Mesenbrink
Eagle Creek Villas LLC
7765 East 175th Street
Prior Lake, MN 55372
15.2 Unless otherwise provided in this AGREEMENT the NOTICE period shall be fifteen (15)
calendar days.
15.3 Where this AGREEMENT or any provision hereof makes the time of performance subject to
UNAVOIDABLE DELAY, the time or times for such performance shall be extende,d for the
period of such UNAVOIDABLE DELAY, provided, that the party seeking the benefit of the
provisions of this section shall, within five (5) days after the beginning of any such
UNAVOIDABLE DELAY, have first notified the other party thereof in writing, and of the cause
or causes thereof, and requested an extension for the period of such delay. Any extension granted
hereunder shall be in writing.
15
16. MODIFICATIONS OR AMENDMENTS
This AGREEMENT may be amended by the parties hereto only by written instrument executed
in accordance with the same procedures and formality followed for the execution of this
AGREEMENT.
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 AGREEMENT, DEVELOPER shall forthwith notify the CITY of such change in ownership.
Any change in ownership shall not release DEVELOPER from any of its obligations under this
AGREEMENT, unless or until the CITY has approved transfer of this AGREEMENT and then
only to the extent agreed to by the CITY.
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 ~ntluence its construction.
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 shaH constitute one and the same instrument.
22. CONSTRUCTION
This AGREEMENT shall be construed in accordance with the laws of the State of Minnesota.
IN WIlNESS WHEREOF, CITY and DEVELOPER have caused this AGREEMENT to be duly
executed on the day and year first above written.
16
Approved by the CITY COUNCIL on the 15th day of July , 1996.
APPROVED AS TO FORM AND EXECUTION: DEVELOPER:
By
Its City Attorney
CITY OF PRIOR LAKE:
By
Its Mayor
By
Its City Manager
[This AGREEMENT must be signed by all parties having an interest in the PROPERTY.]
This instrument prepared by:
City of Prior Lake
16200 Eagle Creek Avenue S.~.
Prior Lake, MN 55372
17
NOTE TO DEVELOPERS:
Any costs whether a bid or estimate, as set forth in this AGREEMENT are fixed. There is no
reimbursement to the CITY by the DEVELOPER for cost under runs or to the DEVELOPER by
the CITY for cost over runs.
DEVELOPER:
City of Prior Lake:
Frank Boyles, City Manager
Lydia Andren, Mayor
Reviewed for Administration
City Engineer
Reviewed for Form and Execution
Suesan Lea Pace, City Attorney
STATE OF MINNESOTA}
}ss:
COUNTY OF SCOTT }
On the day of , 19_, before me, a Notary Public, with and for
said County personally appeared Lydia Andren and Frank Boyles, to me personally known,
being each by me duly sworn did say that they are the Mayor and City Manager, respectively, of
the City of Prior Lake, a Minnesota municipal corporation, named in the foregoing instrument;
and that said instrument was signed on behalf of the municipal corporation and acknowledged
said instrument to be the free act and deed of said municipal corporation.
Notary Public
STATE OF MINNESOTA}
}ss:
COUNTY OF SCOTT }
t:t (\~
as acknowledged before me this ) 0 day of \.\
, and by , w are the -
and of Eai:le Creek Villas LLC
a Minn sota Corporation, on behalf of said corporation.
. I
. ANGELA J.6SPERS
NOTARY PUBllc-wHSOTA
SCOTT COUNIY
.., CanmIIIDn e.-.IAN 31, 2ID)
~liC~
2
CONSENT TO DEVELOPMENT AGREEMENT
, which holds a mortgage on all or part of the property more
particularly described in the foregoing Development Agreement, which mortgage is dated
~ and recorded as Document No. with
the office of the County Recorder for Scott County, Minnesota, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consent, and is subject to the foregoing Development Agreement.
(NAME OF MORTGAGE HOLDER)
By:
Its
By:
Its
STATE OF MINNESOTA )
) SSe
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1996~ by and by , the
and of (mortgage company), on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTI & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
3
~
06/18/1-=0::':; 15:~~
REHDER & ASSOCIHTES. INC. 16124529797 00000000 P.02
EXHIBIT A
ZAGL! CRS~X VJ:LLAS
PRXORWOOC STREZT
(5-/9-96
SAN:r:T~Y SKWER, WA~1U#..AJ:N, STOEU( SZWi:a, Ct1lUS AND GO"l'T~R,
ZAR'l"BWORX, AND l'AV"'"..HG
sanit:ary Sawer
112M DESCR!?TION
UNIT
ESTIMATED
QUANTITY
1 4" P.V.C. - SOR 26
L.P.
, 453
2 a" P.V.C. - SDR 35
8-10' dept:h
L.F.
270
10-1:' dop\':h
L.P'.
_l7.5_
3 Standa~d Manholes
(S' cee? or lesa)
Each
4
Excess ~anhole ove~ S' L.F.
_--LL
5
Rec~~st:~~c~ Exis~ing L.:.
Ma:'.."'lc 1 e
, 1
6
C~re Or~ll Into Each
Existing Pipe
, ;;
7
8 "x4" P. V . C. viyes 0:" Each
Tees
, 4
8
Mechanical Trench L.F.
Comp(\ct: il)U
4; 1
9
1-1/2" Clear Rock Pipe Ton
Bedding
4no
10
Connect: co existing Each
sanitary sewer pipe
11
Granula~ Back:ill Ton
(~or pipe bedding)
1':'0
12
Ai~ Te:st L. F.
441
TOTAL - SANJ:TARY SZWSR
Watermain
ITEM OESCn.IP't'ION
UNIT
ESTIMATED
QUANTITY
1
2
6~ D.I.P. Class S2
71
L.P'.
SM D.I.P. Class SJ
L.i'.
, 2;e
3
Hydrant3 (8' Bury)
Each
4
8" Gate Valve and Box
Each
ONIT
PRICE
$~
2
$ Il-~S
$ J ;J.-&<5
$ 1J.d--.O- $
$ 7 .~-
$ ISO-
$ :::J') (~-
$((0
---'"
$ . 00':,
$ ~ 5"'0
$ SOD -
$ s-
$ _ '"I c)
ONIT
PR:CE
3
/.~~ -
/6 -
; J ~t)
$ .s to -
$
$
$
1
EXTENDED
AMOON'l'
$ I ~~--:).O
$ 3 LI J~-- S-O
$ ~ ~13-))
~ l( <{o -
$
$
/6C:JeJ -
$ /76- <( c)
s 3 ~;J<t-:Jc:)
$
EXTENDED
AMOli"NT
$ IO~.~-
$ dO 2)g.f) -
$ .3 ~I<{Q-
IS SL; -
$
106/18/1996 15:45
.'
P.E..,DER 8. ASSOCIATES. INC. 16124529797 ~eeae~e0 P. 03
EXHIBIT A
5
6" Gate Valve and Box
ia.ch.-
o
Co~~ect to Existing
Waeermain
Each
7
Wee Tap inc.o SH
Wate:main
Each
a
Cast Iron Fittings Lb.
Rod Hydrants, Sends to Each
Waeermain
9
10
1~ COr?cration Cock Each
l~
1" Curb Se.op and Box Each
12
1N Copper L.F.
13
Insulae.ion
2"X4'XS' Sheets
TOT~ " WATItnxAIN
Scot': Sawer
ITEH
CESCR!PTICN
UNIT
l
12" R.C.P. Class V L.F.
2
19" R.C.P. Class !V L.F.
3
21n R.C.P. Class III L.F.
5
30" R.C.P. Class III L.F.
6
4B"'R.~.P. Cl~5a III L.F.
7
Catch Basin-Manholes Each
(48- Diamete= wi:h seeps)
8
Excess Manhole or CB L.F.
over 81
9
Caeeh Basin - 24wxJ6R Each
Struc!:ure
10
Caech Basin - Manhole Each
(60H Diameter with steps)
1~ ~a. R.C. Flared End Each
Seceion (with Asphalt
Coated Trash Guard)
12
30" R.C. Flared End
Sec:icn (w~th Asphalt
Coatad Trssh Guard)
Each
13
Class III R1p Rap
Geotexeile F~lter
i'abric
C.Y.
14
s. y .
1
1
740
~
10
10
1 ,;~
4
ESTIMATED
QO~'IT:TY
.::~
4"
9~5
'''5
~--l2.L
'200
:l Y 10 - $ d Y '0
$ ~IO-"
$ ::s ~.5 --
.3M-
$
$ JdOO
J--
[5D-
s 3~-
J:L-
I-
S ~.;z.. -
$
$
$
s
UN;,.,.
-.
4
PR:C~
;B _?~-
86 -80
Q. Cf :[)()
$ 3~/;;S'
$ Cf 'J.-'"
j.30[) -
$ /~/
$ 9-S0
$
$
s
$
4
2
1
$
'"
-
1
$
I ~ ~S .-'
$
8")
$
$
3~-
~-
$
$
$
$ )<(O '-
$ ~~-o
qUO
dl W) -
~ ~~c) -
1~8 -
$ Y /74 8 -
$
$
$
$
s:..x 'rZ.'ID E:~
AMC~~":'
$ /6/-)--
$ J l d-.S - c.,d
$ -::( J J J~- --
$ t./J ~/- ~~-
$ h~-8C)-
$ _~dOO-
$ braD-
$ J9[)1J-
$ ~-
Jo.~~ -'"
$
$
;2b:Lt{
40~-
,/86/18/199'; 15:45
48N R.C. Flared End
w/Asphalt. Coaced
Trash Gua=d
REHD~~ & ASSOCIATES. INC. 16124529797 0ee0e000 P.04
EXHIBIT A '
$ ~ 750 - $ ~0-Z;O
-
lS
Each
"-
16 MUck !xcavaeion for C.Y. 4 000 s 7_00 $ ~at/-
Pond ]t ~?:-
17 Siologs (l at', ,,5 ~A/2 L. l? · 4'0 $ 7 -cto $
f ....1"1\( S " 01\ 't,; G i ~ to':;"" s+" \ \ ~~ -8S
'tOTAL - STORM S R CONSTROC'TJ:ON $
Gradin; Const:uc:ion
E:STIMA~ UNIT EXTENDED
ITEM DESCR!PTION ONIT QUANTITY PRIC~ AMOUNT
1 Common Excavation C.Y. ' :3 Q20 $ ;l ,:1 0 $ 3 00a ~
2 Muck Ex=avacion C.Y. ~ 000 $ ...s- SO $ ~OOCJ "-
3 D~wat:er1[1'J L.S. S - ~ $ ----
at Select. Granular Bor=ow C.Y. 16,QQ51- $ ~ -cr () $ '-t g CfS r:l -
5 Each ~ S l, $
6 Clea::,ing " Grubbing L.S. S ;). oeo()~ $ dO Ceo:~
7 E=osicn Ccnt::ol (Silt: L.F. ~ "00 s 1 _5' D $ ""33CO -
..
Fence a.r::i/or Hay aales)
a Rock Cor...s t: . Ent:ance Each .., $ '10D- S 800 -
9 Salvage topsoil (and L.S. 1. $ G:, Doe) $ roCOO-
sprend1ng)
TOTAL - GRADING CONS';"RUCT'ION $ )'-1;). G) 0
Restor5tion anc Spaci41 I tame
ESTIMATED UNIT EXTENDED
ITEM CESCR!~'I'ION UNIT QUANTITY PRICS AMOON'l'
1 Sod S.Y. )-10 $ 18)0 -
1 700 $
2 Seeding Acre. e $ .J. .:50 $ dO!J3 -
3 Seed Lb. $ \ ~t)O -
800 $
4 Mulch Ten ,g $ g $ 1 Qt:q -'
S Adjus~ Manholes or Ea.ch 9 $ J 4S" $ , 7,S-S- -
Catch Basins
6 ~dj~t Gate valves Each ., $ }00 $ .:s ~t:) -
~
7 Boulder Rec.aining Wa.ll S.P. .., ~oo $ <..{ $ !SDeo-
TOTAL - asSTORAT~ON . S?E~AL %TXMS $ 1't<J )3-
/
/ 06/18/1996 15: 46
,1
RS~D~ ~ ASSOCIATES. INC. 16124529797 ~0000ee0 P.05
EXHIBIT A
se=aet Conseruetion
ITEM DES~~I?TION
tJNIT
iSTlMA'I'~D
QUANTITY
EXTENDED
AMOONT
UNIT
PRICE
1
i2331 T~e 41.A
Bitumi~ous Wearing
Course ~ncludin9
Bituminous.Material for
Mixture
~-
$
q\~5
Ton
- $
,~C:
2
i233~ Type 318 Ton
Bituminous Ba.se
Course Including
Bieumincus Material for
Mixture
$~
$J2~48-
760
3
#2357 Bitum~ous Tack
Coat
$ t - :;2~O -
'-QO $
., (')dO $ l-gr $ ~3 J3~ .....
';:)- . ~4e-
""0 ~ $
S " ~-5 - /l\Cf@ S{)
",gSO s $
':;0 $ 9- $ S'tO -
e c:QO $ f -7 S- $ '1 t(g7S-
$ Jg~ ) ~(b -.5'0
S t1B'r o 'tAL $
1 $
Gal.
4
Class 5 (100% Crushed
Quar::-y Rock)
Ton
"
~
U i Co Ul1I,i J U.HHJ ~~; W CU t:
(Full Depth)
L.F.
6
Su=mc~~cable Cu== and
Gutter
L.F.
7
Concrece Vall~y Gut:e=
Conc~ete Sidewalk (4")
L.:.
S.F.
8
TOTAL - STRK~ CONS.RU~~ON
Perform.1llce &: t1ayment. L.S.
Bend
GRA.ND TOTAL $
/
Q6/lS/19S~ 15:46 RE~DER & ASSOCIATES. INC. 16124529797 ~ee~~000 P.~6
EXHIBIT A '
PRIORWOOD STaSZT
Additional Material Required for Upgrading Road from 7 ~on to 9 ~on Design
ESTIMATED UNIT EXTENDED
ITEM DESCR!PTIqN UNIT QUANTITY PR.ICZ AMOtJNT
1 #2331 Type 31.S Ton 1"7 $ dS- $ 3l~--
Bituminous Base Course
Including Bituminous
Maeerial for Mixeure
2 Class 5 (100' C=ushed Ton 1.522 $ 7-~5' $ ! I CfL().. 10
Quar::y Rock)
i-S 1 ~~~)O
/
Quotation
EXHIBIT A
Mesenbrink Construction & Eng. Inc.
7765 175th Street East
Prior Lake, lVIN 55372
Voice: 612-447-5058
Fax: 612-447-5036
Quoted To:
City of Prior Lake
Phone:
Quote NumbE
10..
, Quote Da
Jun 12, 19~
Pa~
Payment Terms
.-----. --
Net 10 Days
Descnption
: Good Thru
7/12'96
'"
Customer 10:
389
Customer
- , ,-, ----------Unit Price--"
Extended
HourslT ons Services
Add in side walk on Priorwood Ave.
1,250.00 4" Sidewalk W/Sand
26.00 Remove Curb
43.00 Common Excavation
8.00 Saw Cut Pavement
277.00 Sod
26.00 Concrete Curb
2.50 3,125.C
12.60 327.e
12.00 516.C
2.00 16.C
1.75 484.~
14.10 366.:
e~~K ~e.~\'c.o.-.\-~o'Y\.. fee..
\'3."- Ac:A~5 x .0./ )<. ~I!,.~j~~~ . _____
~ ~ 17, ~'o, 00
A 0. 'ZoC ~5"'
I -0 ~7.
- ~ \ 2; '7 14. O~
This is a estimate for what we beleive this job will cost. we invoice by actual time and material only.
Total:
4,835.'
(Customer Signature)
Date: _'---195
. f
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):
I. Drafts must purportedly be signed by the Mayor or the City Manager of the City of Prior Lake.
2. This letter of Credit is automatically renewable without amendment for an additional one year period
from the present expiration date, unless (90) ninety days prior to said expiration date we shall notify
you in writing, by Registered Mail, that we have elected not to renew this Letter of Credit. But in no
event shall the expiration date extend beyond (date)
Payment will be made at the counters of
(bank name)
. Minnesota.
This credit is subject to the Unifonn Customs and Practice for Documentary Credits (1983 Revision) International
Chamber of Commerce Publication No. 400.
Unless otherwise stated, all documents are to be forwarded to us by mail, or hand delivered to our customers.
Documents to be directed to:
(Bank name and address)
We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in confonnity with the
tenns of this credit will be duly honored upon presentation.
(Bank name)
Authorized Signature
Authorized Signature
3
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EXHIBIT D
DEVELOPER AND CITY COST SUMMARY
The following is a summary of Developer and City costs for Ea2le Creek Villas LLC. The net
area of the fmal plat is 311,853 square feet or 7.159 acres.
DEVELOPER COSTS
60/0 Administration Fee
Trunk Water Fee
Lateral Water Charge
Stormwater Management Fee
Collector Street Fee
Traffic Signs
Park Dedication Fee
DEVELOPER OWES CITYffOTAL
CITY COSTS
Storm Sewer Costs
(Trunk 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 DEVELOPERlfOTAL
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer
Streets and Sidewalk
TOTAL PROJECT COST
EAGLECRK.DOC
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
15,354.35
12,530.00
3,000.00
52,391.00
10,738.50 ;
300.00
12.714.05
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
EAGLECRX,OOC
EXHIBIT D
DEVELOPER COSTS
Determine 60/0 Project Administration Fee:
TOTAL CONSTRUCTION COST
Developer 60/0 Administration Fee:
60/0 of$ 255905.85
Determine Amount of Letter of Credit:
Project Cost Total
1250/0 ($ 255.905.85)
Determine Developer Trunk Watermain Fee:
(Trunk Sewer has already been assessed)
Net lot area is 1.J..i2 acres
$1 ,7501 acre x 1.J..i2 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 Isq. ft. x 311 853 sq. ft. $
Determine Developer Collector Street Fee:
7.159 Acres x $1,5001 Acre
Amount Developer owes for Traffic Signs:
3 signs @ $100/sign
$
$
$
255,905.85
15,354.35
319,882.31
$
12,528.25
$
3,000.00
52,391.00
$
10,738.50
$
300.00
EAGLECRK,DQC
EXHIBIT D
CITY COSTS
Developer's Storm Sewer Cost
(From 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
(From 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
$13,000/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,OOO/acre = $
568.10
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 ~ime 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 comers by November 1, 1996. All
lot comers shall be set and visible on this date.
EAGLECRK.DOC
EXHIBIT F (1)
FIRST COMPLETION DATE
Bond No.
PERFORMANCE~ARRANTYBOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(Surety) are held and firmly
bound unto the (Obligee), in the amount of _
and ~100 dollars ($ ) for payment
whereof Principal and Surety jointly and severally bind themselves and their respective heirs,
successors, assigns and legal representatives firmly by these presents.
WHEREAS, Principal has heretofore deposited with the City of Prior Lake, Letter of Credit to
guaranty the completion of payment for and maintenance of the public improvements as set forth
in the Developer's Agreement dated between Principal and
Obligee for including, but not limited to, _
SanitaI:Y Sewer. Watermain. Storm Sewer and Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the First Completion
Date was completed and.the Principal received acceptance on and the
Principal has requested the Obligee to reduce the Letters of Credit; and
WHEREAS; the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
Performance/W arranty Bond in an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of the Principal's
obligations as set forth in the Developer's Agreement.
NOW THEREFORE, if the Principal shall for and within the period of time from and after the
Actual First Completion Date and through the acceptance of the subdivision and developer
improvements as set forth in the Developer's Agreement and through the Warranty Period; (1)
maintain the Public Improvements, (2) repair any damage to the Public Improvements caused by
the Principal, its agents, servants, employees, successors or assigns, or any subcontractor hired
by such contractor, (3) repair or replace any defective workmanship or material in the Public
Improvements, and (4) make good and protect the Obligee against the results of any defective
workmanship or materials appearing to have been incorporated in any part of the Public
Improvements which shall have appeared or been discovered within the period of time after the
First Completion Date, and through the acceptance of the subdivision and Developer
EAGLECRK,DOC
---" ,~- -,-.---..........,,-.,.,-."""^...-.-..,,''-',-"-<-....._____...__.___..~,~.....__N___..._.~_.."'."~,_""._,..........-..........._.~.,._._~.__~.__,_.".._~_~,._"".'"...M_~_,.""~.."........__..~._.."..,.n"'__...."'"',._"~~..._~,_..~"_..,.',.,..,_~"...."""-"-______'...___
Improvements as set forth in the Developer's Agreement and through the Warranty Period, and
cover all obligations including attorney fees, administrative costs, and all Developer obligations
for payment of contractors, subcontractors and suppliers/materialmen as required by the
, Developer's Agreement, then this obligation shall be null and void; otherwise, to remain in full
force and effect.
For purpose of this Performance/Warranty Bond, Principal and Surety agree that in the event that
any Public Improvements are damaged, the burden shall be on the Principal to show that such
damage was not caused by Principal, its agents, servants, employees, successors or assigns or by
any contractor hired by Principal, its agents, servants, employees, successors or assigns, or any
subcontractor hired by such contractor;
Any suit under this Bond must be instituted before the expiration date of two (2) years after the
Completion Date;
No right of action shall accrue under this Bond to or for the use of any person or corporation
other than the Obligee, its successors or legal representatives.
Any notice required hereunder shall be deemed properly served when deposited in the U.S. Mail,
certified, postage prepaid, addressed to any party at its address hereinafter set forth.
SIGNED, SEALED AND DATED this
day of
, 19----:.
In the presence 0 f:
Principal
By:
Surety
By:
Attorney-in-Fact
EAGLECRK,DOC
EXHIBIT F (2)
SECOND COMPLETION DATE
Bond No.
PERFORMANCEAVARRANTYBOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(Surety) are held and firmly
bound unto the (Obligee), in the amount of_
and _/100 dollars ($ ) for payment
whereof Principal and Surety jointly and severally bind themselves and their respective heirs,
successors, assigns and legal representatives firmly by these presents.
WHEREAS, Principal has heretofore deposited with the City of Prior Lake, Letter of Credit to
guaranty the completion of payment for and maintenance of the public improvements as set forth
in the Developer's Agreement dated between Principal and
Obligee for including, but not limited to, _
Sanitaty Sewer. Watermain. Storm Sewer and Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the Second
Completion Date was completed and the Principal received Final Acceptance on
and the Principal has requested the Obligee to reduce the Letters of Credit; and
WHEREAS; the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
Performance/W arranty Bond in an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of the Principal's
obligations as set forth in the Developer's Agreement.
NOW THEREFORE, if the Principal shall for and within the period of time from and after the
acceptance of the subdivision and developer improvements as set forth in the Developer's
Agreement and through the Warranty Period; (1) maintain the Public Improvements, (2) repair
any damage to the Public Improvements caused by the Principal, its agents, servants, employees,
successors or assigns, or any subcontractor hired by such contractor, (3) repair or replace any
defective workmanship or material in the Public Improvements, and (4) make good and protect
the Obligee against the results of any defective workmanship or materials appearing to have been
incorporated in any part of the Public Improvements which shall have appeared or been
discovered within the Warranty Period, and cover all obligations including attorney fees,
EAGLEC:tK.OOC
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:
Princi pal
By:
Surety
By:
Attorney-in-Fact
EAGLECRK,DQC
EXHIB.IT.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,DOC
COMPLETION DATE
Septem ber 1, 1996
September 1, 1996
i
November 1, 1996
November 1, 1996
November 1, 1996
September 1, 1997
Septem ber 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 150 watt high pressure sodium lights in
traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions.
Where a portion of the development is already lit. new lights shall match in style and wattage those already in place.
In cases where developers wish to install more lights than warranted by City policy, or wish to install non-standard
lights, monthly operation and maintenance becomes the responsibility of the development's residents through their
homeowner's association or similar organization. The City will not take over such non-standard systems, though
City approval shall 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 tha~
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 ligh~ 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
07/02/96 09:09
FAX 612 447 4245
CITY PRIOR LAKE
EXHIBIT I
iii OOJ
. .
WETLAND CONSERVATION ACT
REQUEST FOR WlTBDRA W AL
from WETLAND BANK
Projc:ct# 96-37
Appli=nt name:
Address:
Date Julv I 1996
Ci\Y ofpnor Lake
16200 ~.J:lICJle C~1c: Ave 'Prior Lake MN 55372
IMPACTED WETLAND
Lcc:ation oflmpac:ted wetland
T 114N R nw See 2 S t 12. NW 1/4
Ea~'e Creek Vi113~ Prior T~ake MN
Tvne 1/2
SiD ofwedand impact 0 2 acres
Inlet/Outlet chanlCteristics Plow. Thmup
...... A.pplicant must attacn approved WdJand ReplL1ctUlUlnt Plan
(Cowardin)
(Circular 39)
(moths ofac:res)
Wetland Type PEMl
....
BANKED WETLAND CREDITS TO
BE USED TO REPLACE WETLAJ.'ID IMPACTS
Ac:count holder (name)
Wedand Type:
SlO T 114N R 21W in the Minnesota R.iver/Shako.pee Watershed #~~
Scott Countv MN
John Me5Senbrink
~~MC
Location of Banked Wetland:
Credits to withdraw:
New Wetland Credits
Public Value Credits
0.2
(Cowardin)
(Circular 39)
acres (in tenths)
acres (in tenths)
(nlet/Outlet characteristics
Flow - Throu~h
Has account holder agreed to sen wetland credits to you? (X) yes () no
(Applicant must provide proof) ,
Applicant
Date
FOR LGU USE
1. Has sequencing been adequately ~dressed7 --X... yes _ no
2. Has wetland replacement plan been approved? -X- yes _ no
Ifboth are answered yes>> request to withdraw 1tom wetland bank can be approved.
(X) Approved ( ) Denied Comments:
*~~
7 - 10 - 9(0
Dati:
a:baDkwidlJbr (BWSRlJJ 10/1l1193)
07/02/98 09:09
F.~ 812 447 4245
CITY PRIOR LAKE
EXHIBIT I
[4J 002
PURCHASE AGREElvIENT
This Agreement is entered into this 1 st day of July, 1996 by and between the City of Prior Lake
("City") and John Messenbrink, a married person C.Owner").
Whereas, the City agrees to purchase 0.2 acre of tyPe PEMC wetland credits from the Owners
wetland bank located in Section 10, Township 114N, lUnge 21W in the Minnesota
RiverlShakopee Watershed (#33), Scott County,:MN.
Whereas, the City agrees to pay $3,,800.00 for the 0.2 acre credits which will be transacted as
part of the Developers Agreement for the Eagle Creek Villas project, City Project 96-37.
Whereas, the purchased wetland credits will be used to mitigate tilled wetland for the creation of
a; water quality pond which will be used to treat additional impervious area when Duluth A venue
is reconstructed.
Whereas, the City Council approved this transaction as part of Resolution 96-63 at the June 17th,
1996 City Council meeting.
John Messenbrink
Date
Frank Bovles City Mana~cr
Datc
John Win 'lard Actin~ City Eniineer Date
pL W~___ 7-IO~CfG
16200 Eagle Creek Ave. S.E., Prior uk~, Minne!ota 55372-1714 / Ph. (612) 447-4230 / Fi:lx (612) 447-4245
/\N EQUAL OPPCfUUNITY EMPLOYER