HomeMy WebLinkAboutDeveloper's Agreement
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DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 12 day of Septem. , 1977, by and between
the CITY OF PRIOR LAKE, a municipal corporation organized under the laws of the State of
Minnesota (the "City"),.and Daniel Will s.e.~\c.../ ~~s. , (the "Developer").
WI TNES SEW, That: \-\ <::> \ C' Y f "'"" -\. - \ ~ c ,
WHEREAS, The Developer has made application to the City Comcil for approval of a
plat of land within the corporation limits of the City described as follows:
Holly Court
(the "Subdivision"): and
WHEREAS, the City Council by resolution adopted July 18 ,1977" has granted pre-
liminary approval to the SUbdivision, on the condition that the Developer enter into this
agreement to provide for the installation of street, water, sewer and-other improvements
hereinafter described on the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the premises and of the mutual promises and
~onditions hereinafter contained, it is hereby agreed as follows:
1. Improvements. In accordance with the policies and ordinances of the City, the
following described improvements (hereinafter collectively called the "Improvements") shall
be constructed and installed on the terms and conditions hereinafter contained:
a) Stre:et grading, graveling and stabilizting, including construction of berm and
boulevards (hereinafter called "Street Improvements"):
b) Storm sewers, when determined to be necessary by the City Engineer, including all
necessary catch basins, inlets and other appurtenances (hereinafter called "Storm Sewer
Improvements");
c) Sanitary sewer laterals or extension, including all necessary building services
and other appurtenances (hereinafter called ,"Sanitary Sewer Improvements ") :
d) Watermain laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances (hereinafter called "Watermain Improvements"):
e) Permanent street surfacing (hereinafter called "Permanent Street Improvements") and
fj Standard street name signs at all newly opened intersections and such other traffic
control signs within the Subdivision determined to be necessary by the City Engineer (here-
inafter called "Traffic Signing Improvements"). .
2. Warranty of Developer. The Developer hereby warrants and represents to the City as
inducement to the City's entering into this Agreement, that Develop~r's interest in the
Subdivision is fee owner (indicate whether fee owner, vendee mder
contract. for deed .fromnamed vendor, or other vested interest).
3. Designation of Improvements. Improvements to be installed at Developer's expense
by the Developer:. to as "Plan A Improvements". Improvements which the Developer has
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by the City to payment of total amounts due under this Agreement. Interest shall be
calculated on such deposit at the interest rate last approved by the City Council for
special assessments and credited to the Subdivider's account with the City.
6. General.
a} Binding Effect. The tenns and provisions hereof shall be binding upon and insure
to the benefit of the heirs, representatives, successors and assigns of the parties hereto
and shall be binding upon all future owners of any or any part of the Subdivision and shall
be deemed covenants running with the land. References herein to Developer, if there be more
than one, shall mean each and all of them. This Agreement, at the option of the City, shall
be placed of record so as to give notice hereof to subsequent purchasers and encombrancers
of all or any part of the Subdivision and all recording fees, if any, shall be paid by the
developer.
b) Notices: Whenever in thls Agreement it shall be required or ,permitted that notice
or demand be given or served by either party to this Agreement to or on the other party, such
notice or demand shall be delivered personally or mailed by united States mail to the addresses
hereinafter set forth by certified mail (return receipt requested). Such notice or demand
shall'be deemed timely given when delivered personally or when deposited in the mail in
accordance with the above. The addresses of the parties hereto are as follows, until changed
by notice given as above:
If to the City at: City fpgineer
4629 Dakota Street SE
Prior Lake~ Minnesota 55372
I f to the Deve loper at: Danie 1 Wi 11 ~ G~.:\.I ~ ~ \JUS _ fA-o t \ 'l E..v -f. \ ~c .
15430 Breezy Poin~ Road
Prior Lake, Minnesota 55372
c) Final Plat AEProved. The"City agrees to give final approval to the plat of the
Subdivision upon execution and delivery of this Agreement and of all required petitions,
bond and security.
d) Incorporation by Reference. All plans, special provisions, proposals, specifications
and contracts for the Improvements financed and let pursuant to this Agreement shall be 8?d
hereby are made a part of this Agrement by reference as fully as if set out herein in full.
IN WITNES~ WHEREOF, the City and Developer have caused this Agreement to be duly
executed for Plan B (A or B) on the day and year first above written.
In Presence of
CITY OF PRIOR LAKE
By:
It's
By:
It's
By:
It's
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petitioned the City to install and finance through the regular City assessment proceQure
are hereinafter referred to as "Plan B Improvements".
4. Plan A Improvements. The Developer will construct and install, at the Developer's
expense, the following improvements under Plan A, according to the specifications submitted
and approved by the City of Prior Lake for said project:
a) In the event that the City Engineer determines that services should be over-sized
in the area to be developed for the benefit of future development in contiguous or adjacent
areas, there will be a dete~ination by the City as to the cost of the over-sizing and the
over-sizing of such facilities will be either assessed or deferred at the City's option.
b) It shall be the obligation of the developer to furnish to the City plans and speci-
fications for said construction and before any construction is cvuuuenced said plans must be
approved by the City Engineer.
c) The City of Prior Lake shall charge the sum of 5% of the total construction cost,
payable prior to commencement of construction, subject to any increase or decrease of
construction cost, as compensation for supervision, approval of plans and final acceptance
of facilities which will be turned over to the City of Prior Lake for additions to it's
existing municipal facilities.
d) The developer agrees to furnish to the City of Prior Lake a letter of credit or
performance bond in the sum of $ which will guarantee completion of performance
of the contract, according to the plans and sRecifications in the event of default by developer.
5. Plan B Improvements. The Developer has petitioned the City for the installation of
Plan B Improvements as follows:
See Schedule A, Sheet 4.
If the City Council orders the installation of Plan B Improvements, the City will cause
such Plan B Improvements to be installed and the costs thereof to be assessed against the
benefited properties on the following terms and conditions:
a) Construction. After preparation of preliminary plans and estimates by the-- Ci ty Engineer,
an improvement hearing will be called by the City Council for the purpose of ordering these
Plan B Improvements. After preparation of final plans and specifications by the City, Engineer,
bids will be taken by the City and contracts awarded for the installation of the improvements
under the City's complete supervision.
b) Assessment. The entire cost of the ~p.st.allation of said improvements and all over-
sizing costs for trunk mains, including ~ reasonable engineering, legal and administrative
costs incurred by the City, shall be assessed against the benefited properties in accordance
with the regular special assessment policies of the City of Prior Lake. The Subdivider shall
deposi t with the City ca'sh in the minimu~ amount of twelve percent (12%) ofccthe total. cos.t of
Petitioned Improvements, which total cost has been estimated by the City Engineer-in the amount
of $ 6256.80 Such deposit shall be due at the time of the Agreement and shall be applied
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DEVELOPER:
In Pres ence of:
By:
It's
STATE OF MINNESOTA)
)
COUNTI OF. SCOTT )
On this
day of
, 19
, before me, a Notary
Public~ within and for said County personally appeared
and
to me personally
known, being each by me duly sworn did say that they are respectively the
and the
of the
City of Prior Lake, the muni~ipal corporatipn named in the foregoing
instrument; and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of it's City Council
and said
and
acknowledged said instrument to be the free act and deed-o-f said municipal
corporation.
On January 1, 1977 there was $8163.80 assessments for Project 72-7 Phase
I on the parcel and an annual interest charge accrues at 8% per year.
PlAN B
CITY OF PRIOR LAKE ESTIMATED COST OF REQUIRED IMPROVEMENTS
Subdivision Name
Holly' Court
Improvements
Part 1. 1. Grading
.2. Street Signs
3. Boulevard Trees
4. Street Lighting
5. Replace lot corners
6. Extra maintenance of
streets & storm sewer
during development
Part 2 1. Bituminous Surface
2. Permanent drainage
3. Sanitary Sewer Trunk
4. Sanitary Sewer Lateral
Services
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5. Watermain Trunk
6. Water Lateral
7. Concrete curb & gutter
Total Standard Cost
Part 3 Special Requirements
1.
2.
3.
Area
Unit
Cost
Total Estimated Construction Cost
Estimated City Fees Plan A (5%)
Estimated City Fees Plan B (12%)
(based on average l~t size) .
Subdivider. Daniel.Will
Area Unit
Total ~ron~~ge Cost
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$ 52,. 140. 00 '
$- . ,
$ . 6..256 .'gO
Frontage
Tot al
Total Escrow $
Total
Cost
50.00
300. 00
)
30,677.00
6,531.00
J_~_1_~~2 ~ OQ_._
52. 140. 00
)