HomeMy WebLinkAbout7A - Pheasant Meadows
STAFF AGENDA REPORT
DATE:
7A
JANE KANSIER, PLANNING COORDINATOR;
JOHN WINGARD, ACTING PUBLIC WORKS
DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 96-74
APPROVING FINAL PLAT AND DEVELOPERS
AGREEMENT FOR "PHEASANT MEADOWS"
AUGUST 5,1996
AGENDA #:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The City Council approved the conditional use permit and
preliminary plat for Pheasant Meadows on May 20, 1996.
The conditional use permit, required for the construction of
2-unit buildings in the R-1 district, approved 21, 2-unit
buildings. The preliminary plat created 42 "envelope" lots
for each of the units, as well as the common space and
the public right-of-ways.
The applicant has filed a final plat application for this
development. The final plat (see Exhibit "C") includes
"envelope" lots for 14 of the units, located in the north half
of the plat. The southern half of the property is platted as
Outlot "A". Outlot "A" will be Phase 2 of this project, and
will eventually be platted into the remaining "envelope" lots
and common open space.
DISCUSSION:
The principal requirements for final plat approval include a
signed developer's agreement with surety for the
installation of utilities and streets 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 approved preliminary plat.
The conditions placed upon the final plat approval have
been satisfied, or will be accounted for in the developer's
agreement and in Resolution 96-74 approving the final
plat. The park dedication requirements for this plat will be
satisfied by a cash dedication in lieu of land. City charges
for sewer and water, storm water management and
collector streets are detailed in the attached memo from
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
pheasfp.doc
Ralph Teschner. No property is being dedicated to the
City except for street right-of-way and other easements.
The developer's 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
~e available to discuss the details of this agreement with
the Council.
1. Approve Resolution 96-74
2. Deny Resolution 96-74
3. Defer consideration of this item for specific reasons.
Alternative 1
Motion and second to
Page 2
RESOLUTION 96-74
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL PLAT OF
"PHEASANT MEADOWS" AND DEVELOPER'S AGREEMENT AND SETTING FORTH
CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY: SECOND BY:
WHEREAS: the City Council held a hearing on May 20, 1996, and approved, subject to conditions
identified in the meeting minutes, the Conditional Use Permit and the preliminary plat of
Pheasant Meadows; and
WHEREAS: the City Council has found that the final plat of "Pheasant Meadows" is in substantial
compliance with the approved Conditional Use Permit and preliminary plat; and
WHEREAS: The City Council has approved the final plat of "Pheasant Meadows".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that it should and hereby does require the following conditions to be
met, prior to release of, and recording of said plat:
1. A current title opinion or commitment of title insurance be submitted acceptable to the City
Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures be submitted.
5. The developer provide financial security I acceptable to the City Engineer.
6. Specific improvements that must be addressed prior to the release of the final plat mylars include
the following:
a) A 30' wide trail easement over all of the 8' bituminous trails shall be given to the City of Prior
Lake.
b) As shown on the preliminary utility plans, the sanitary sewer layout shall include an 8"
sanitary sewer stub and an 8" watermain stub in the right-of-way for Pheasant Trail to serve
the future development to the east.
c) Pheasant Trail will be designed and built, at the developer's cost, with sufficient width and
capacity to carry emergency vehicles as determined by the City.
7. The final plat and all pertinent documents must be filed with Scott County within 60 days from the
date of final plat approval. Failure to record the documents by November 5, 1996, will render the
final plat null and void.
Passed and adopted this 5th day of August, 1996.
YES
NO
ANDREN
GREENFIELD
MADER
KEDROWSKI
ANDREN
GREENFIELD
MADER
KEDROWSKI
n:s96 74.doc
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
SCHENCK
{Seal}
n:s96 74.doc
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
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CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
TillS AGREEMENT, made and entered into as ofthe..5.th.day of August 1922, by and between
the City of Prior Lake, (hereinafter "City") a municipal corporation organized under the laws of the State
of Minnesota and Williams Development LLC . (hereinafter "Developer") a Minnesota corporation.
WITNESSETH THAT:
WHEREAS, DEVELOPER is duly organized to do business in the State of Minnesota and owns
the certain Property within the City of Prior Lake; Scott County, Minnesota legally described in attached
Exhibit C (the "Property"), 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 Pheasant
Meadows 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; and
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.
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, Williams Development LLC as
the same may be from time to time modified, amended or supplemented.
b. "APPROVED FINAL PLAN" means all thos~ 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 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 Williams Development LLC, 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 by 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 professio,pal 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
July 15 1997
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m. "Second Completion Date" means
Septem ber 1 1997
n. "Irrevocable Letter of Credit" means an IRREVOCABLE LETTER OF CREDIT in
the amount of $ 265 495 85 (125% of Cost of Improvements) in the ~orm of attached
Exhibit B.
o. "Including" means including, but not limited to.
p. "Oversizing" means the incremental cost paid for by the CITY to upgrade the
construction of a DEVELOPER IMPROVEMENT.
q. "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.
r. "Permanent Street Improvements" means permanent street surfacing in accordance
with the policies and ordinances of the CITY .
s. "Plat" means the final plat of Pheasant Meadows comprising the real property located in
Prior Lake, Scott County, Minnesota and legally described on the attached Exhibit C.
1. "Policy for Private Development Projects" means the POLICY FOR PRIVATE
DEVELOPMENT PROJECTS adopted by the CITY COUNCIL.
u. "Property" means the real property, together with improvements, if any, depicted and
described in Exhibit C.
v. "Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the Minnesota State Board of Registration for Architects, Engineers,
and Land Surveyors.
w. "Resolution" means that certain resolution approved by the CITY COUNCIL for final
PLA T approval for the subdivision known as Pheasant Meadows.
x. "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 and as indicated on the APPROVED FINAL PLANS and
provided for in this AGREEMENT.
y. "Storm Sewer Improvements" means storm sewers, catch basins, inlets and other
appurtenances when determined to be necessary J>y CITY ENGINEER in accordance
with the policies and ordinances of the CITY. Storm sewer improvements are
reimbursed by the CITY to the DEVELOPER as shown on Exhibit D.
z. "Street Improvements" means street grading, graveling, and stabilizing including
construction of boulevards and turf establishment in accordance with policies and
ordinances of the CITY and as indicated on the APPROVED FINAL PLANS and as
provided for in this AGREEMENT.
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aa. "Subdivision" means the division of a parcel of land into two or more lots or parcels by any
means including platting, registered land survey 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.
bb. "Traffic Signing Improvements" means standard street name signs at all newly opened
intersections and such ether traffic control signs within the Subdivision determined to be
necessary by CITY ENGINEER in accordance with the policies and ordinances of the CITY and
as provided for in the APPROVED FINAL PLANS and in this AGREEMENT.
cc. "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.
dd. "Construction Inspection of Developer Projects" means the inspection. of DEVELOPER
INSTALLED AND FINANCED IMPROVEMENTS and CITY 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.
ee. "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.
ff. "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
gg. "City Improvements" means those public improvements to be constructed by the DEVELOPER
and paid for by the CITY as identified in 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 refere~ce to any particular section or subdivision, refer to this AGREEMENT as
a whole rather than to any particular section or subdivision hereof.
b. Reference herein to any particular section or su1>section 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.
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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 and City Improvements
11. Exhibit B -Irrevocable Letter of Credit
iii. Exhibit C -Legal De~cription 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 IMPROVEMENTS and Completion Dates
viii Exhibit H - Residential Street Lighting Policy
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 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 ENGINEER prior to making any of the contemplated changes.
d. Prior to construction of the DEVELOPER IMPROVEMENTS, DEVELOPER shall provide
the CITY with an executed copy of any contract entered into by DEVELOPER with a third
party for the installation of the DEVELOPER IMPROVEMENTS.
e. On or before the date hereof, DEVELOPER shall pay-fo the CITY a fee equal to...6.% of the
estimated cost of DEVELOPER IMPROVEMENTS as determined by the CITY ENGINEER
to cover the costs of CITY in preparing and administering this AGREEMENT.
f. On or before the date hereof, DEVELOPER shall furnish to the CITY, the IRREVOCABLE
LETTER OF CREDIT required pursuant to this AGREEMENT in the form of Exhibit B or
Cash Escrow Deposit.
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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. Ngncompliance with either the FIRST COMPLETION DATE or the
SECOND COMPLETION DATE unless caused by an UNAVOIDABLE DELAY, consented
to by the CITY in its sole discretion, shall constitute an EVENT OF DEFAULT unless an
extension of time is granted by CITY ENGINEER in hislher sole and absolute discretion.
2.2 Inspection and Testing Services
a. The CITY, either utilizing the City's Engineering Department Personnel, the City's
Consultant Engineering Personnel and/or Consultant Testing Services "construction
inspection services" shall inspect the DEVELOPER IMPROVEMENTS and CITY
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; and
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 LETTER
OF CREDIT has been increased to at least the amount of such construction inspection service
charges together with the sums necessary to secure the UEVELOPER 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.
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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 and
CITY IMPROVEMENTS were completed in compliance with the approved final plans and
specifications. The personnel performing the testing shall be certified by the Minnesota
Department of Transportation or have equivalent certification. The CITY ENGINEER may
require additional testing if in his opinion adequate testing is not being performed. The cost of
additional testing is to be paid by the DEVELOPER.
2.4 Street Signs
The DEVELOPER shall be financially responsible for the installation of street identification
signs and non-mechanical and non-electrical traffic control signs. Street signs will be in
conformance with the names as indicated on the PLAT and pursuant to CITY standards. The
actual number and location of signs to be installed shall be determined by the CITY and actual
installation shall be performed by CITY authorized personnel.
2.5 Boulevard and Area Restoration
The DEVELOPER shall seed or lay cultured sod in all boulevards within. 30 days of the
completion of street related improvements and restore all other areas disturbed by the
development grading operation in accordance with the approved erosion control plan. Upon
request of the CITY ENGINEER, the DEVELOPER shall remove the silt fences after grading
and construction have occurred.
2.6 Subdivision Monuments
The DEVELOPER shall install all subdivision monumentation within one year from the date of
recording the PLAT, or the monumentation shall be installed on a per lot basis at the time the
building permit for the subject lot is issued, whichever occurs first. At the end of the one year
period from recording of this AGREEMENT, the DEVELOPER shall submit to the CITY
ENGINEER written verification by a registered land surveyor that the required monuments have
been installed throughout the PLAT.
~
2.7 Occupancy
No occupancy of any building in the PLAT shall occur until water, and storm sewer, 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 Management Practices (BMP) as delineated in
the Minnesota Pollution Control Agency's Handbook titled "Water Quality in Urban
Areas". Such plan shall be detailed in the APPROVED FINAL PLANS and shall be
subject to approval of the CITY. The DEVELOPER shall install and maintain such
erosion control structures as necessary under the APPROVED FINAL PLANS or
become necessary subsequent thereto.
b. As required by the CITY, the DEVELOPER shall be responsible for all damage caused
as the result of grading and excavation within the development including, but not limited
to, restoration of existing control structures and clean-up of public right-of-way, until all
lots are final graded and improvements are completed. The erosion control plan shall
provide that the DEVELOPER shall re-seed or sod any disturbed areas in accordance
with the APPROVED FINAL PLANS. The DEVELOPER shall provide the required
wet storage volume in the water quality treatment ponds at the time of acceptance of the
DEVELOPER IMPROVEMENTS by the CITY.
c. After NOTICE to the DEVELOPER as described in Section 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 shaU, without further
notice be entitled to draw on the IRREVOCABLE LEITER OF CREDIT.
".
2.11 Access
The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a
non-revocable license to enter the PLAT during the installation of CITY IMPROVEMENTS and
DEVELOPER IMPROVEMENTS to perform all work and inspections deemed appropriate by
the CITY.
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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.
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 $!!Jill based upon an estimate as determined
by the CITY ENGINEER. There are no system oversizing costs on this project.
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,~ made by or on behalf of CITY to
determine the cost for all "oversizing" requirements of DEVELOPER as may be specified and
contained in this AGREEMENT or attachments hereto. The parties acknowledge and agree that
the fees and costs allocated to CITY and DEVELOPER, as set forth herein and in exhibits
attached hereto, may be based upon estimated costs made by or on behalf of CITY. The cost of
the oversizing, as estimated by or on behalf of CITY, is binding upon CITY and DEVELOPER.
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. ..........--.----......-"--......---.-..,...--."".---.'--.-..'.".'.'...,
4.2 DEVELOPER shall install on behalf of the CITY those Public Improvements described in
Exhibit D under the section titled CITY COSTS. CITY shall pay to 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 4.1 shall also apply to costs
associated with the developed construction of the Public Improvements.
s. 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.
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. W aming si~ns and detour signs~ if detetn:lined to
be necessary by the CITY ENGINEER, shall be placea 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.
10
7. ESCROW REQUIREMENT
7.1 The DEVELOPER shall deposit with the CITY an IRREVOCABLE LEITER OF CREDIT in
the amount stated in Exhibit D.
7.2
a.
All cost estimates in Exhibit D shall be acceptable to the CITY ENGINEER. The
IRREVOCABLE LEITER 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 LEITER OF CREDIT shall be subject to approval by the CITY
FINANCE DIRECTOR and CITY A ITORNEY 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 LEITER OF CREDIT may be for one year terms
provided it is automatically renewable for successive one year periods from the present
or any future expiration dates with a final expiration date of September 1. 1998: and,
further provided that the IRREVOCABLE LETTER OF CREDIT states that at least
ninety (90) days (see Exhibit E) 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 LEITER 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 DEF AUL T, the CITY, after NOTICE
as provided for in Section 15, may draw on the IRREVOCABLE LEITER OF CREDIT.
8. ACCEPTANCE OF PLAT AND DEVELOPER INSTALLED AND FINANCED
IMPROVEMENTS AND CITY IMPROVEMENTS
CITY will accept the PLAT and DEVELOPER IMPROVEMENTS and CITY 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 and CITY 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 and CITY IMPROVEMENTS by the CITY
ENGINEER, DEVELOPER shall furnish to CITY an IRREVOCABLE LETTER OF CREDIT
guaranteeing satisfactory performance of the DEVELOPER IMPROVEMENTS and CITY
IMPROVEMENTS in an amount equal to ~ of the original cost next to the DEVELOPER
IMPROVEMENTS and CITY IMPROVEMENTS. The 25% IRREVOCABLE LETTER OF CREDIT
guarantee amount can be reduced upon the following conditions:
A. Irrevocable Letter of Credit-First Completion Date. The IRREVOCABLE LETTER OF
CREDIT guaranteeing satisfactory performance of tHt DEVELOPER IMPROVEMENTS and
CITY IMPROVEMENTS can be reduced to 5% of the original cost of the DEVELOPER
IMPROVEMENTS and CITY IMPROVEMENTS to be completed by the FIRST COMPLETION
DA TE plus 125% of the original cost of DEVELOPER IMPROVEMENTS and CITY
IMPROVEMENTS to be completed by the SECOND COMPLETION DATE, after acceptance of
all DEVELOPER IMPROVEMENTS and CITY 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
11
-r--.'-'~-'-_."'...."--".."".."""".
equal to the cost of the DEVELOPER IMPROVEMENTS and CITY IMPROVEMENTS to be
completed by the FIRST COMPLETION DATE. All punch list items related to the FIRST
COMPLETION DATE must be completed before a reduction in security will be considered.
B. Irrevocable Letter of Credit-Second Completion Date. The IRREVOCABLE LETTER OF
CREDIT guaranteeing satisfactory performance of the DEVELOPER IMPROVEMENTS and
CITY IMPROVEMENTS can be reduced to 5% of the original cost of the DEVELOPER
IMPROVEMENTS and# CITY IMPROVEMENTS after acceptance of all DEVELOPER
IMPROVEMENTS and CITY 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 and CITY IMPROVEMENTS, in writing,
including the mylar "as-built" reproducibles for all phases of construction included in this
AGREEMENT.
C. Warranty on Proper Work and Materials. The DEVELOPER warrants all work required to be
performed under this AGREEMENT against defective material and faulty workmanship for a
period of one (1) year after its completion and acceptance by the CITY ("Warranty Period"). The
DEVELOPER shall be solely responsible for all costs of performing repair work required by the
CITY within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be
alive, of good quality, and disease free for one (1) year from the time of planting, any
replacements shall be similarly warranted for one year from the time of planting.
D. Faithful Performance of Construction Contracts. The DEVELOPER shall fully and faithfully
comply with all terms of any and all contracts entered into by the DEVELOPER for the
installation and construction of all of the DEVELOPER IMPROVEMENTS and CITY
IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers on all DEVELOPER
IMPROVEMENTS and CITY 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 ajler providing Developer NOT~CE, 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.
12
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 LETTER 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. 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. There are a number of parks located in close proximity to this PLAT, therefore the park
dedication will be cash in lieu of land. The cash dedication is based on the raw land value of
$13,000.00 per acre. With a 10% park dedication the tj;ltal cash dedication for this parcel is:
7.48 acres (Gross Area of Phase One) x $ 13,OOO/acre x 0.10 = $9,724.00
B. In addition, a 5' wide concrete sidewalk shall be constructed along the entire length of
Pheasant Meadow Lane from 170th Street to the end of the cuI de sac, an 8' bituminous trail
shall be constructed from the cuI de sac to the west edge of the PLAT to connect to
Woodview Park, an 8' bituminous trail shall be constructed in Pheasant Trail to provide a
13
link to the future neighborhood commercial property to the east, and an 8' bituminous trail
shall be constructed across Block 2 from Pheasant Meadow Lane to connect to the stub street
of Balsam Street. Trails and sidewalk shall be constructed in the locations which are
identified on the grading plan. The developer will be responsible for the costs associated
with construction of the sidewalks and trails located within this development.
12.2 The Park Dedication and Contribution shall be paid and fulfilled by the DEVELOPER
.contemporaneously with the execution of this CONTRACT FOR DEVELOPMENT.
13. 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. 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
14
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:
David Williams
Williams Development, LLC
1535 Bavarian Shores Drive
Chaska, MN 55318
Phone: 443-2244
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
UNA VOIDABLE DELAY, the time or times for such performance shall be extended for the
period of such UNAVOIDABLE DELAY, provided, that the party seeking the benefit of the
provisions of this section shall, within five (5) days after the beginning of any such
UNAVOIDABLE DELAY, have first notified the other party thereof in writing, and of the cause
or causes thereof, and requested an extension for the period of such delay. Any extension granted
hereunder shall be in writing.
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 trg,nsfer of this AGREEMENT ~d then
only to the extent agreed to by the CITY.
18. WAIVER
15
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.
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 of Minnesota.
IN WITNESS WHEREOF, CITY and DEVELOPER have caused this AGREEMENT to be duly
executed on the day and year first above written.
5'TH Av..Cjo.st"
Approved by the CITY COUNCIL on the ~ day of ~ , 1996.
By
(Attorney)
DEVE3
vnLL VELOPMENTLLC
By
Chief Manager, David Williams
APPROVED AS TO FORM:
~
CITY OF PRIOR LAKE:
By
Its Mayor
16
By
Its City Manager
[This AGREEMENT must be signed by all parties having an interest in the PROPERTY.]
This instrument prepared by:
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, 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.
DEJER:
City of Prior Lake:
Chief Manager
Frank Boyles, City Manager
Lydia Andren, Mayor
Reviewed for Administration
~'W~
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 }
C-1V ~
The foregoing ins~as jlfwwledged before me this J day of
~ M~6, by ~ tN ..ultl1w Md by · , ho the_
, I V~~ ~ iuJ.d- of Williams Development. LLC
a Minnesota Corporation, on behalf of said corporation.
&~Pu~
2
JUN-20-1S96 16:27
R. ANDERSON & ASSOC.
EXHIBIT A
6125460885 P.02
Page - 1 of 6
p~~ Meadbw Bid Proposal
DOCUMENT 00300
BID PROPOSAL
FOR
STORM SEWER. WATERMAlN. SANITARY SewER AND STREET C()NSTRUCTlON
PHEASANT MEADOW
PRIOR lAKE. MINNESOTA
COMMISSION NO. 9249
By (J; rl """ ~ 3::~~ .
ContradOf'
Date: ~ - \ q - tt (.
Wallima [)evelopnent LLC
80 West 71th Street
Suite 280
Cbannassen. UN 55317
~
We have examined the site of the work and are familiar with tl'le plans and specifications, and propo~ to fumi:5l'l ad
labor. matbriais. slUns and:facililies which are necessary for site grading. utility and street c:onstn.act:on in 3c:cordance
with the Plans. Specific:ationg. anc2 Addenda NOS....lit.- and JY thereto. prepared by Roger .'Anderson &
~ates. Inc.. 7415 Wayzata &ulevard. Suite 107, Minneapolis. MN 55428. for the respective unit 3nC lump sum
prices set forth nenlinafter;-
Nde:
SuDmIt thli 'c..ose COP'J of the Propoc-..A11. An add\1ional corr1 of the Proposal is bound _n tf\e Speafic:ation43
JlJl~-20-1'396 16: 28
R. RNDERSON l RSSOC.
EXHIBIT A
6125460885 P.~J
Page-2of8
Pheasa~ Meadow Bid ProposaJ
BID I~MS'
STRS:I=T eoNSTRUcnON
ITEM 1
1120 Tons:- Ag~reg-'~ Base Class 5 (1()()l% C~ed limestone). price per Ton
__ . ._.__ ___ Dollars ($101.! ) =
11,""0-
ITEM 2
2:CO linear Fe-&t - S-.Jnnountable Curb and Gutter, per City Detail.compJe1e in place. prn:e per Utr~a( Foc!
DonaIS ($ ~ Cf!. ) = . "L D r 0"'-
ITEM 3 ,
435 Tons. 2331 8~se Coo."Se, complete in place. induding bituminCtJs mafettal, price pet Ton
OoaIars ~ ~q3~ ) : 1-" 1'( S ~
ITEM ,
330 Tons - 2z..~ ~ 'Wear ~urse. CXJmpIe1e In place, Including t>ituminous mlJterial. ~ per Ton
Collars ($ 3~ ~) ::
10. ~.s?--
~s
195 GafJons- Bituminous Tack Coat, complete in place, price per GaBon
Oolla~ (S~ = 3 'f , ~
ITEM ,
3 Acres. Turf EstaOIiShme-\t. mdtJdf~ fnsbIJ3tton and maintenance. eompl8te in P!3ce. pri~ per ,~ete
Collars ($ I ~ ,., -) =
3 (. 00 -
ITEM 7
4825 SqU3~ F~ - Ccncrete Sidew:;dk, S. wide. per City ~tai1. complete in place. pnce per SQuare Feet
Dollars ($ ~~); 1"#. ~" r ?,L
ITEM .
, Each - C~f.crete Pedestr.an Ramp. per City Deba. complete in place. price per Each
OofIars ($....Ln:J =
, Po -
ITEM ,
425 Linear F'e-et - a- Wide Bitumjnous Trail. Balsam St~ and Cu~sac Locations. per City Oela.~J. complete in
place. price ~ Linear Foot
Dollars (S--CL:J =
G1 'i~o-
ITEM 10
190 Unear Feet - S- WIde Bttuminou$ Trait. Pheasant Trail Loc:.:stion. per City Oetaif. complete in pI~. price per
linear Foot
Oollars (S~ :;
S'D
'" s~g-
SUBTOTAL-SiREETCONSTRUC1'1<*
'7r..~47/-
/'
JUN-~~-1~~6 1E:28
R. ANDERSON & HSSOC.
6125~b~885 P.04
EXHIBIT A
Page- 30f6 ,
Pheasa!" Meadow Bid Proposal
STORM SEWBt CONSTRUCilON
i
ITEM 1 ~
577 Linear Feet - 1T Rep IC1ass V Storm Sewer Pipe) complete In ~aa!. price per Linear Foot
. ,...
I Ootlass ('$ 2.! Jl ). 13 If (, , u..
ITEM Z
'50 Linear Feet - ,~ RCP Class V Storm Sewer PIpe, complete in place. price per Ur.ear Foot
Collars (S 2.'1 $~ ) =
--3 (. t '2.. $~
ITEM 3
140 Linear Feet . 24. RCP Cl3SS rrt Storm ~ Pipe. complete in plaee. price per Lir.ear Foot
_ Dollars ($ 33 e.! ) = 41. ", I ~
ITEM 4
2 Eaen - Flal"!d end s...~ion for 12"" Rep, indcding trash ~u.ard where l"8Q"oJlred. ccm~e jn place. price per Each
OoUars ($ $$0 - ) s
I. J () t} -
ITEM 5
1 each . Flared l.'11d ~n fer 24- ftC? complete jn place, price per Each
Dollars ($ w.~s- ):;
S~S -
ITEM 6
2 eaCh - Storm J.bnhole. per City OetaU. complete in place. price per Eacn
Dollars ($ ~!~. ):;
.;L(''to-
ITEM 7
2 Each. Catch Basin, 24- x :!S-. pet Cjfy Detail, inducting casting as spedfiad. ct>mpJete in place, price per Ead'J
00C~ ($ 10:13. ):;;;
.-L. I 0 C. ....
ITEM .
3 Each. Catch B.:r-sin rJfanooJe. 4e- Diameter. per City Detail, induding casting as spedfied. complete in place. price
per Each
DoILaIS ($ L 145 - ) =
3 ?9.S'-
ITEM 9
9 Cubic Yards. RJp Rap, Class 111. induding gl"3nular filter blanket. complete in place. price per Cubic Yard
~ '
Dollars ($_ $0 - ) =
"f5D -
ITEM 10
55 UnearFeeI-1T PVC. SOR 26 Culvert. complete in place, price per Woeat' Foot
I
I
___ Dollars ($ I~'" )::
".1.,$-
rTEM 11
1 Lump Sum _ Baffled Weir Stnadure. per City Oet41il. comptele in place, prk:e per Lump Sur~'
Dollars ($ l-f ~.. ) =
1.'-(00-
JUN-2\(j--13'36 16: 28
R. ANDERSON & ASSOC.
EXHIBIT A
6125460885 P.05
Page-4af6
pneasart Meadow Bid Proposal
ITEM 12 ~
~ Lw...p SUI1I - a "~QW A~uJUu, ~k! -. per Cjy gMfilil. ;gmpliA8 iA ~4-... pr~ pel Lu~ ~"Hl
-- nNI~(S 1S... ) - 4d~ -
5""3'7 c 'j - rOND EXU' ,; F,.T:crJ oX" -* 5':2<7/ c.;'i. ~ * Z'O Oe,15"" j
SUBTOTAL - STORM SEWER CONSTRUCTION ~ I. '" L.'- !.!.. /
ITEMS 1 - 12
3'1,784. eC:,
WATERM4JN CONSTRucnON
ITEM 1
1315 Linear Feet - 8- DIP W:nermain, Class 52, compfete in place. price per litwlal Foot
Collars csl.i&!J = 2.2.. I $"1 "::!
ITEM 2
25 Unear Feet - 8- DIP Walermain. Class 52. complete in place, price per linear Foot
Collars ($ /q'!t ) :: '7 ~ 3 ~
ITEM 3
1 Each - 8- x If> Wd Tap with valve. com~e in ~8c;e, price per Each
Dollars ($1'1. 1. -) =
L 1'2, '2.. -
ITEM ,
42 Eadl- Service Groups, cmnpiete in pface. price pet Eac.r.
Oollars' {$~ :
"I. 03 2. -
ITEM 5
1e80 lin8at' Feet - 1- Type K COS)per ServIce Pipe, complete in place. pO<;e per Untl3r Foot
Dollars ($ "tJ ) :;
JO, Sl)D -
ITEM &
3 Each - Hydrant. per City Detail, COft1piete in place, price per Each
Oof~ ('S..l3HJ =
~ tJo S -
ITEM 7 Q~~\~
1350 Pounds ~ Iron Watermain F;1tings. complete in place with all appul1ena~. price per Pound
,
Dollars (S~ = J, r,~'"
ITEM .
2 Each - r Gate Valve. com~ete in place. price per Eacta
.._ Dollars ($.Sco - ) =
I (t10-
ITEM I
3 Each.. 6- Gate Vafve. Q)1..~e in place. price per Each
Oolblrs (S3?~ ) = _ I. 111.-
I \e{-e;.~~(-
() /2, ~\o~ ~
& ''''
~o '1"6
f.,( C4.'.Jo..-\ \0"'-
. """._'h.+-_'__""--"~'."~._'-'-""""~'.'_.~-~'''''''''''-r-'_.''--,___.____.,~._,~".,_._~,..".m..._"_..~
JUN-~0-1~S6 16:29
F. ANG~REXHIBIT A
5125450885 P.06
p~.50fe
Pheasa{1t Me~ Bid Proposal
ITEM 10
45 Linear Feet - Pipe J8cking (County Road 12). complete in place, price per U;"t6i1.. Foot
Oonars (J~ ::0
t. ~,t') -
SID
SUBTOTAL .. WATERMAJN CONSTRUC11ON 55.~.3" -
ITEMS 1.10
v
SANITARY S~ CONSTRUCTION
ITEM 1
1 Each - Con~ to exisfing Sanit3ty Sewer Manhole. COmplete in pbc.e, at the pria) per Ese"1
Dollars (SW =
t. 35 -
ITEM Z
e21 L:r.e2r F~ t!- PVC Sewer Mam. SOR 35. ( 3" dapths). compJ~e in placc. price ~r Unear Foot
Dollars ($'~~) = /~. I:J.J~
ITEM 3
42 Each - 8-X ,. Wyes. SOR 26. complete In place. price per Each
OoUars ($)3 '.i J = t If I 7 ~
ITEM 4
8 Eac.~ ' ~nr~'"Y ~ ManhOle. O' . 10" depth, Precast Concrete. 4' Oiarrreter, including c;.a$jng. CJ:;m~'ei\: in plave.
price per eaCh
Collars (sJl.2!J =
LO '1" ~ -
ITEM I
'2 wne3r Feet - Ex1ra Deplh Manno1e. complete in place. ~ce per Linear Foot
Dollars {S.!!:J =
(r;t.~-
rTEM .
,e80 Linear Fct!! 4- PVC Sewer Ser-..;ice. SOR 26. all depths. eompJ.&te in pJ.ace. price ~r Unear FQQl
Dollars ($72:1 ) =
I~ I 7'Q ..
ITEM 1
1 t..ump Sum - Street Restontion (Sabm Stree1). com~! in place. pice pet unnp Sum
,.
__._ Dollars (12MM"') =
.Il., c/)o -
SUBTOTAL-SAMrAAYS~CONSTRUc:noN "'o~:3 ~t{.J...!=- ~
IlEMS 1-7
Al... TBtNA n; 1
Altem3te 1 - Fumish perfofl'Tlance and mainteflance bond (twO ye~ as described-io._~(: ~ons?n amount
equal to the aggregate amount bid. for Ule L m amount of _____ "\
, ./ / ~
J...bS, Li q";:) . ~ '::. )
JUN'~~-1~~6 16:25
~. ~NGERSGN & ~SSOC.
61:546aS8~ r.~7
EXHIBIT A
Page - 6 of 6
Phea:sa~ MeadOw BU1 Proposai
SUMMARY OF PRICES B~P
J
STREET CONSTRUCTION
s .,~ 3'11 -
STORM SEYJER CONS1'RlJCnON
s
s
"'5
,1
-'7, 794~ ~0
./
WATERMAIN CONSTRUCTION
~ .,,~
~ L';'
~, ~
~.....
3~" ~
SANITARY SEVVeR CONSTRUCTION
TOTAL PRICE BID
$ '10.
'2.i2.. )""3%.b~.
s "7 A' fJ
,.....-'-- - - . ~ .'-' _. - ------
c.. s ;.f.,< 4't~~(
-----
/-
y'
CheCKtd &{ ~~q
AI. TERNA iE 1 - BOND
'"
.-J
The Quarrtiti~ ~1.dted in t~ Plan:; and $petific.ations are for the BtddefS use ~n :l~m31ino !~e ~:~ ~pe ana are
shOWT~ for ,":c.Tr~ticn onl-1. Payment -MIl ~ n"Utae D8:Sed on tl'le Lump SUm prices stated abOv~ for the cO"".pt~e
instaUation of the won as desaibed ne~n.
The Omi~r ~~i't'~ th~ right te rejec: any or an bids. to waive any infonnaJmes in airy ~ ul1C to umrt 3ny p;u'T of ttle
above work.
Where there c.~~~.~ a discn:pancy bet'ween the written words and numeruf~ in u unit ~ce ~. tne Owner reserves
the '"1Qnt to acc.ept and give effect t.:. the words or numer31s in the uni! pnce ~ which correspond S!1d harmcniz1:: with
the extension ot the part,cular item. ar.d to di'$regan:! the words or numerals which dO not C(Jrrespond and harmonize
w,trl U'lt: (:A!E.1ls40t1 of me ~i'tIOJI3t ite.-n. It rreit~.er the written ~ ncr L~ numera!s n., t~.e un;t t)Mce Did COrTe'SPOr.d
and r-.arT:1vni.;.:~ Mt!'1 tne e:de~ion of that particulnr item. tne .maen words in the unit price btd SMI1 govem
AU addend::. ~t'~n De<::ome .1 part of the btd and shall be SUOOlitte<3 with the~. The Corrtt3eer st"..aU insert addenQa
numbers in the space wt'lere tfl~catea in the Proposal Form_ The Contrsdor ~911 al~o \~ptete the attached
surxontraclors and equipment lists. _
We :'lave IT.3.:Jt'J O\J( own t:lkeoff of ttle i.tC(:SS8ry material, labor. equipnlent. snd other item: to ~ngrud th~ items
as Indicated. .
We agree tt&.f&t It.(; Owner intc:nds to award of the wo~ shown in each section of th~ Pm~...at to ona responSJble
Dfdder ir. lnc best interest or Un: Owner (See i~rudions to 5~ for information on (A.~Ndion Pnasing.)
We ~a..,(f t:x~.Tnned the Site of the wo~ and are acquainted with all conditions affeding the construction ot tne work.
We ~rEIe that if this proposal is aC~pled. we will uecute a centrad in the form ~ to the spedfications and
wil11umish ~ bond in the fun amount of the centrad and m the foem att.ached to th-e spet"'..ffic3tiOn!. tf requested by ttte
Owner.
If we are awarded the contrCtCt. Ne will fum~ mmer1als and construct U'le wont as described in the Spec:iai Provi$jons
and the Spedfic:ations.
".
RespeetfuUy submitted,
. ~ ,----
Signed By:
rme: ~-~
Firm Name:
\l-;~~!"' T"c-
Address:
P.O. Box 219
St. ~facius, MN S537SPhone: 612-446-1495
NOIE: --UNIT' PRICE FOR 8" PVC SANI'tARY INCRF..ASED 51.00 LF FOR TELEVIS:m;;
TOTAL P.0?
T
EXHIBIT B
No.
DATE:
TO:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota ~5372
Dear Sir or Madam:
We open Irrevocable Standby Letter of Credit No.
(Spell out dollar amount 00/11 USDLRS)
in the amount of USD $
In favor of yourselves,
FOR THE ACCOUNT OF:
Individual Name for Name of Development
Developer's Address
Expires:( date)
at our counters.
This is a clean Letter of Credit available against drafts drawn at sight on (Bank Name)
(address) Minnesota bearing the clause: Drawn under Standby Letter of Credit Number -
of (bank name) accompanied by this
original Letter of Credit for endorsement.
SPECIAL CONDITION(S):
1. Drafts must purportedly be signed by the Mayor or the City Manager of the City of Prior Lake.
2. This letter of Credit is automatically renewable without amendment for an additional one year period
from the present expiration date, unless (90) ninety days prior to said expiration date we shall notify
you in writing, by Registered Mail, that we have elected not to renew this Letter of Credit. But in no
event shall the expiration date extend beyond (date)
Payment will be made at the counters of
(bank name)
. Minnesota.
This credit is subject to the 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
terms of this credit will be duly honored upon presentation.
".
(Bank name)
Authorized Signature
Authorized Signature
3
~O~~
Net'
EXHIBIT C
Square Footages
,
PHE.>\SANT N1E.~OW
Block 1
Lot 1 = 2~418 Sq. Ft.
Lot 2 = 2~418 Sq. Ft.
Lot 3 = 2~418 Sq. Ft.
Lot 4 = 2~418 Sq. Ft.
Lot 5 =- 2.A 18 Sq. Ft.
Lot 6 = 2..418 Sq. Ft.
Lot 7 = 2~418 Sq. Ft.
Lot 8 = 2~418 Sq. Ft.
Lot 9 = 2,418 Sq. Ft.
Lot 10 = 2,418 Sq. Ft.
Lot 11 = 51,559 Sq. Ft.
1; 739 $~ FT ~
1
GLOCK I
lorAL
Block 2
Lot 1 = 2,418 Sq. Ft.
Lot 2. = 2,418 Sq. Ft.
Lot 3 = 2,418 Sq. Ft.
Lot 4 = 2,418 Sq. Ft.
Lot 5 = 3,024 Sq. Ft.
Lot 6 = 3~024 Sq. Ft.
Lot 7 = 3~024 Sq. Ft..
Lot 8 = 3,024 Sq. Ft.
Lot 9 = 3,024 Sq. Ft.
Lot 10 = 3,024 Sq. Ft.
Lot 11 = 3,024 Sq. Ft.
Lot 12 = 3,024 Sq. Ft.
Lot 13 = 3,024 Sq. Ft.
Lot 14 = 3,024 Sq. Ft.
Lot 15 = 76,793 Sq. Ft.
6LOGK 2 TOTAL::
1/0) 70'i tf1Q 1=f
I
i
Outlot A excJudinq ponding area:; 168,060 Sq. Ft.
Total Area = 524,937 Sq. Ft.. ==- 1'2. . O~ k6 ~ f..5
of pic t
0\10-+ lot A ~ 1\ q 0 e~ s~ FT : -4-. S-7 AcRES
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EXHIBIT D
DEVELOPER AND CITY COST SlJMMARY
The following is a summary of developer and City costs for Pheasant Meadows. The net area of the final plat is
192.444 square feet or 4.42 acres.
DEVELOPER COSTS
6% Administration Fee
Trunk Sewer and Water Fee
Lateral Sewer and Water Charge
Stormwater Management Fee
Collector Street Fee
Traffic Signs
Park Dedication Fee
DEVELOPER OWES CITYffOTAL
$
$
$
$
$
$
$
$
CITY COSTS
Storm Sewer Costs
(T runk Reserve)
$
CITY OWES DEVELOPERffOTAL
$
The following is an itemization of the project costs:
12,743.80
15,470.00
9,000.00
32,330.59
6,630.00
300.00
9.724.00
86,198.39
37,784.86
37,784.86
Sanitary Sewer $ 40,384.32
Watermain $ 55,836.50
Storm Sewer $ 37,784.86
Streets and Sidewalk $ 78.391.00
TOT AL PROJECT COST $ 212,396.68 .,..
PHEASANT. DOC
,.
EXHIBIT D
DEVELOPER COSTS
Determine 6% Project Administration Fee:
6% of$ 212396.68
$
Determine Amount of Letter of Credit:
Project Cost Total ~
125% ($ 212 396 68 )
$
Determine Developer Trunk Sewer and Watermain Fee:
Net lot area is.Ad2.- acres
$3,500/acre x 442 acres $
Determine Developer Lateral Sewer and Water Charge:
150' x $60.00/Foot $
Determine Developer Stormwater Management Fee:
Net lot area is 192.444 sq. ft.
$0.168 /sq. ft. x 192 444 sq. ft. $
Determine Developer Collector Street Fee:
4.42 Acres x $1,500/ Acre
$
Amount Developer owes for Traffic Signs:
~ signs @ $100/sign
$
CITY COSTS
Developer's Storm Sewer Cost
(From Exhibit A)
$
PHEASANT.DOC
12,743.80
265,495.85
15,470.00
9,000.00
32,330.59
6,630.00
300.00
37,784.86
".
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 comers by November 1, 1996. All lot comers shall
be set and visible on this date.
,.
PHEASANT.DOC
EXHIBIT F (1)
FIRST COMPLETION DATE
Bond No.
.
PERFORMANC~ARRANTYBOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Princi pal) 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.
WHEREA.S, Principal has heretofore deposited with the City of Prior Lake, Letter of Credit to guaranty the
completion of payment for and maintenance of the public improvements as set forth in the Developer's
Agreement dated between Principal and Obligee for
including, but not limited to, Sanitaty Sewer. Watermain. Storm
Sewer and Streets (the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the First Completion Date was
completed and the Principal received acceptance on and the Principal has requested the Obligee
to reduce the Letters of Credit; and
WHEREAS; the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
PerformancelW 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 o~ time after the First Compl~tion Date, and
through the acceptance of the subdivision and Developer Improvements as set forth in the Developer's
Agreement and through the Warranty Period, and cover all obligations including attorney fees, administrative
costs, and all Developer obligations for payment of contractors, subcontractors and suppliers/materialmen as
required by the Developer's Agreement, then this obligation shall be null and void; otherwise, to remain in full
force and effect.
F or purpose of this PerformancelW arranty Bond, Principal and Surety agree that in the event that any Public
Improvements are damaged, the burden shall be on the Principal to show that such damage was not caused by
PHEASANT DOC
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
,.
PHEASANT.DOC
EXHIBIT F (2)
SECOND COrv1PLETION 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, Sanitary 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 hflVe appeared or been discovered within the
Warranty Period, and cover all obligations including attorney fees, 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;
PHEASANT. DOC
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
".
PHEASANT. DOC
EXHIBII..G
DEVELOPER INSTALLED AND FINANCE lMPROVEMENTS AND COMPLETION DATES
The items checked with an "x" below are the DEVELOPER INSTALLED AND FINANCE IMPROVEMENTS.
CHECKED COMPLETION DATE IMPROVEMENT
X September 1, 1996 site grading, pond construction, & erosion control
X September 1, 1996 street grading
X November 1. 1996 subdivision monuments
X November I, 1996 utilities (sanitary sewer, watermain, stonn sewer & service
lines)
X July 15, 1997 streets (concrete curb & gutter, gravel base & first lift of
bituminous pavement)
X September 1. 1997 wear course lift of bituminous pavement
X September I. 1997 boulevard restoration
X September 1, 1997 street lights
City Responsibility street signage
site landscaping
reforestration
X Not Required wetland mitigation
Not Applicable right of way acquisition outside of Plat
X September 1, 1997 sidewalks/trails
".
PHEASANT. DOC
EXHIBIT H
RESIDENTIAL STREET LIGHTING POLICY
BACKGROUND:
The City intends that this street lighting policy promote the safe travel of city streets in a manner both fair and affordable to the City
and its residents. Residential street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street
lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by
resident petition. The capital costs of residential itreet lighting shall be the responsibility of those residents, or any portion of those
residents, determined to be affected by the light.
NEW SUBDIVISIONS:
All lighting plans require approval by the City and the utility responsible for street light operation and maintenance. In new
subdivisions street lights shall be placed at intersections, every 300 feet between intersections where intersections are more than 600
feet apart, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac where the street is
greater than 300 feet. Within their developments, developers shall also install lights to City standards at the intersections of
residential streets with collector streets. The developer shall pay the full capital cost of every light to be installed; this includes poles,
fixtures, underground wiring, and all appurtenant work. The developer shall pay operation and maintenance for the light system until
the City accepts the project, at which time the 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 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 600/0 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 so~ium lights in cobra-head or traditional style shall be the standard.
PHEASANT. DOC
PHEASANT MEADOWS
CONSENT TO DEVELOPMENT AGREEMENT
Builders Mortgage Corporation 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 tile 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.
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
The fore.going instrument was acknowledged bef9(e me this ~day oAOc.L ,
1996 by _ \ f' v r ~ '\ c \ \ c t. 0...... the V '(l~.. I:-' >es; .l.......r of ~s
Mortgage Corporation, a Minnesota corporation, on behalf of the corporation.
I-----~ ---~~~~---------
------- ---
. USA TVEDT
NOTARY P\8JC. alNNESOTA
It. My CoQ.Il..' Ian IbpIr-.
IN<<JMt 31,2000
~-tJJ-
Notary Public
This Instrument was drafted by:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
".
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
Planning ~
Ralph Teschner, Finance Director
PHEASANT MEADOW
(assessment/fee review)
July 18, 1996
A 12.05 acre tract in 10-114-22 is proposed to be platted as Pheasant Meadow (two phases). The original
parcel (PIN #25 910 005 0) was served with water and sewer utilities in 1973 under Project 72-7 and was
assessed 820' of frontage and 22.2 acres for trunk acreage charges. Of these charges only 150' and 2.82
acres were assessed currently. The remainder of the 22 acres was deferred and there is no city record of
payment on either this parcel or the adjacent 10 acre parcel (PIN #25 910005 1) that was previously sold
to Howard Monnens.
Since utilities are available to the property site, the cost for the extension of services internally will be the
responsibility of the developer. In addition to these improvement costs, the subdivision will be subject to
the following City charges outlined below:
Lateral Sewer & Water Fee
Trunk Sewer & Water Fee
Stormwater Management Fee
Street Collector Fee
$150' @ $60.00/ff.
$3500.00/acre
16.8 cents/sq. ft.
$ 1500.00/acre
The application of these City charges would generate the following costs to the developer based upon a
net area lot calculation of 4.42 acres of twin home units (192,444 square feet) as provided within the site
data summary sheet of the preliminary plat description:
Lateral Sewer & Water Char1:e:
150.00' @ $60.00/ff = $9,000.00
Trunk Sewer & Water Char1:e:
4.42 acres @ $3500.00/ac = $15,470.00
Storm Water Mana1:ement Fee:
192,444 sf @ 16.8/sf = $32,331.00
Collector Street Fee:
4.42 acres @ $1500.00/ac = $6,630.00
These charges represent an approximate cost of $2643.00 per lot for the 24 proposed units within
Pheasant Meadow. Assuming the initial net lot area of the plat does not change, the above referenced
trunk, lateral, storm water and collector street charges would be determined and collected within the
context of a developer's agreement for the construction of utility improvements at the time of final plat
approval.
There are no other outstanding special assessments currently certified against the property. Also, the tax
status of the property is current with no outstanding delinquencies.
SPUll.WRT
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372--1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNiTY EMPLOYER
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