HomeMy WebLinkAbout9B - Hickory Shores Attachment Dev Agt DEVELOPMENT CONTRACT
HICKORY SHORES SOUTH
PROJECT #DEV2013 -0009
This DEVELOPMENT CONTRACT is entered into this 10 day of March, 2014, by and between
the CITY OF PRIOR LAKE, a Minnesota municipal corporation ( "City"), and D.R. Horton, Inc. Minnesota,
a Delaware Corporation (the "Developer") its successors and assigns. Based on the mutual promises and
covenants set forth herein, the sufficiency of which is not disputed, the City and the Developer (collectively
"Parties ") agree as follows:
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for Hickory Shores South (referred to in this Development Contract as the "Plat"). The land is legally
described as shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OFPLAT APPROVAL. The City hereby approves the Plat on condition that
the Developer enter into this Development Contract, furnish the Security required by it, and record the Plat
and Development Contract with the County Recorder or Registrar of Titles within 60 days after the City
Council approves the final Plat.
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3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all
the following conditions have been satisfied: 1) this Development Contract has been fully executed by both
parties, 2) the necessary security, development fees and insurance have been received by the City, and 3) the
City Engineer or Designee has issued a letter that all conditions have been satisfied and that the Developer
may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply to grading or
other approvals set forth in Resolution No. 13 -122, dated August 26, 2013, approving the Preliminary Plat
for Hickory Shores South.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this Development
Contract or any terms or conditions set out in the Resolution approving the Final Plat and the breach has not
been remedied. In addition, no other subsequent phases may proceed until the City approves Development
Contracts for such phases. Fees and charges collected by the City in connection with infrastructure, public
improvements and parkland dedication requirements are not being imposed on outlots, if any, in the Plat that
are designated in an approved Preliminary Plat for future subdivision into lots and blocks. Such charges will
be calculated and imposed when the outlots are subdivided into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit in accordance with City Code a Staging Plan for City Council approval which
may allow the Developer more than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development Contract,
but are incorporated by reference and made a part of this Development Contract as if fully set forth herein. If
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the plans vary from the written terms of this Development Contract, the more specific or stringent controls
shall apply. The Plans are:
Plan A -- Final Plat Dated Stamp Dated March 5, 2014 (Prepared by Pioneer
Engineering)
Plan B -- Final Grading, and Erosion Control Plan(s) as stamped approved by the City
Engineer or his designee (Prepared by Pioneer Engineering)
Plan C -- Landscape Plan as stamped approved by the City of Prior Lake, Community
& Economic Development Director or his designee (Prepared by Pioneer
Engineering)
Plan D -- One set of Plans and Specifications for Developer Installed Improvements
Stamp Dated as stamped approved by the City Engineer or his designee
(Prepared by Pioneer Engineering)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading and Ponding
H. Underground Utilities
I. Traffic Control Signs
J. Street Signs
K. Setting of Iron Monuments
L. Sidewalks, Trails, and Boardwalks
M. Landscaping
N. Wetland Buffer Signage
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The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors, shall
follow all instructions received from the City's authorized personnel. The Developer or the Developer's
engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff, to
review the program for the construction work. In accordance with Minnesota Pipeline Safety law revisions
effective January 1, 2006 the Developer will be responsible for installing a tracer wire mechanism for all
service lines in public right -of -way. The proposed tracer mechanism shall be approved by the City prior to
installation. All costs associated with furnishing and installing the tracers shall be the Developer's
responsibility. Before the Security for the completion of utilities is released, iron monuments must be
installed in accordance with Minn. Stat. §505.02. The Developer's surveyor shall submit a written notice to
the City certifying that the monuments have been installed.
8. CONSTRUCTION OBSERVATION. The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance with
the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, watermain, storm sewer /ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
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C. Field document as -built location dimensions for sanitary sewer, watermain and storm
sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as -built record
plans.
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As -built drawings of grading plans.
C. As -built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie
dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City
consultants). As -built record drawings shall follow the requirements set forth in the Public Works Design
Manual (PWDM). The as -built record drawings shall be submitted to the City for approval within six (6)
months of substantial base pavement course placement.
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to provide
testing to certify that Developer Installed 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. The City Engineer has the sole discretion to determine if additional testing is
necessary. The cost of additional testing is to be paid by the Developer.
E. Lot corners and monuments.
F. Engineering / Project Management
10. BOULEVARD AND AREA RESTORATION The Developer shall seed or lay cultured sod
in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
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operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment.
11. SUBDIVISION MONUMENTS. The Developer shall install all subdivision monumentation
within one (1) 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
(1) year period from recording of the Plat, 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.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by December 31, 2014, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed by July 30 of the first summer after the base layer of asphalt has been in
place for one freeze thaw cycle. If necessary, the Developer and the City shall consult about an extension of
time. If an extension is granted, it shall be in writing and conditioned upon updating the Security posted by
the Developer to reflect cost increases and the extended completion date.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non - revocable license to enter the Plat to perform all work and inspections deemed appropriate
by the City in conjunction with the development of the Plat.
14. EROSION CONTROL.
A. Prior to initiating site grading, the erosion control plan, Plan B, and Stormwater Pollution
Prevention Plan (SWPPP) shall be implemented by the Developer and inspected and approved by the City.
The City may require the Developer, at no cost to the City, to install additional erosion control measures
if they are necessary to meet erosion control objectives. All areas disturbed by the excavation and
backfilling operations shall be reseeded immediately after the completion of the work in that area. All
seeded areas shall be mulched, and disc anchored as necessary for seed retention. The parties recognize
that time is of the essence in controlling erosion. If the Developer does not comply with the erosion
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control plan and schedule or supplementary conditions imposed by the City, the City may take such action
as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of
any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. The Developer shall be solely responsible for any costs incurred by the City for
erosion control measures. The Developer shall fully reimburse the City for any cost incurred within ten
(10) days of the date of the City's invoice. If the Developer does not reimburse the City for any cost the
City incurred for such work within ten (10) days, the City may, without further notice to the Developer,
draw down the Irrevocable Letter of Credit to pay any costs. No development, utility or street construction
will be allowed unless the Plat is in full compliance with the erosion control requirements. The notice
provisions set out in Paragraph 41 shall not apply to notifications to the Developer under this paragraph.
B. The Developer shall seed or lay cultured sod in all boulevard areas behind curb within
thirty (30) days, or within a timeline established by the City Engineer, of the completion of street related
improvements (sod does not need to be installed in areas of buildable lots where silt fence is required
behind curbs).
C. The Developer shall restore all other areas disturbed by the development grading and
construction operations within this time period.
D. Boulevard and disturbed area restoration shall be in accordance with the approved Plan
B and SWPPP. (No building permits will be issued until the Developer has installed silt -fence behind the
curb of all buildable lots). It is expressly understood that once silt fence has been installed it shall become
the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by the Developer's
utility contractors.
15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
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and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City, the City, without further
notice, will perform the work and charge the associated cost to the Developer. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of the invoice,
the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any costs incurred by
the City. Due to time sensitive nature of clean up, the notice provisions set out in Paragraph 41 shall not
apply to notifications to the Developer under this paragraph.
16. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved custom grading plans. All
existing and proposed contours must be shown and approved as a part of the building permit application. The
custom graded plans, as well as the grading and erosion control work shall conform to City of Prior Lake
Public Works Design Manual.
B. As builts. Before the City releases the Grading Security, the Developer shall provide
the City with an as built grading plan and a certification by a registered land surveyor or engineer that all
ponds, swales, and ditches have been constructed on public easements or land owned by the City. The as-
built plan shall include field verified elevations of the following: a) cross sections of ponds, b) location and
elevations along all swales and ditches, and c) lot corners and house pads. The City may withhold issuance
of building permits until the approved certified grading plan is on file with the City and all erosion control
measures are in place as determined by the City Engineer. The Developer shall also submit a land tabulation
certified by a registered engineer showing that all pads have been corrected in accordance with project
specifications.
17. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon (1) completion
of the Developer Installed Improvements required by this Development Contract; (2) final written acceptance
by the City Engineer; and (3) adoption of a resolution of acceptance by City Council, the improvements
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lying within public right -of -way and easements shall become City property. The Developer shall be
responsible for all pond maintenance until written acceptance by the City of the Developer installed
improvements.
18. STREET MAINTENANCE. Developer shall be responsible for all street maintenance until
final written acceptance by the City of the Developer Installed Improvements. All private street or private
parking lot maintenance shall remain the responsibility in perpetuity of the Developer, its successors and
assigns. 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. For the purpose
of this subparagraph, "street maintenance" does not include snow plowing or normal sweeping.
19. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Highway 13, as permitted by MN DOT, and Turner
Drive. No construction traffic is permitted on other adjacent local streets.
20. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. Grading, utilities, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. Grading as- builts
for the proposed building permit shall be approved prior to issuance of any building permit. Before a building
permit will be issued a minimum of one (1) active fire hydrant within 300 feet of the unit must be available
for fire protection. If building permits are issued prior to the acceptance of Developer Installed
Improvements, the Developer assumes all liability and costs incurred as a result of delays in completion of
the Developer Installed Improvements; including damages to Developer Installed Improvements caused by
the Developer, its contractors, subcontractors, material men, employees, agents or third parties.
B. Wetland Buffer Signage must be installed prior to the issuance of any building permits
within the development.
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C. A temporary or permanent Certificate of Occupancy shall not be issued for any
building in the Plat until water and sanitary sewer improvements have been installed and the streets have been
completed and the first lift of bituminous has been placed and said improvements have been inspected and
determined by the City to be available for use.
21. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and its
engineer on the status of or problems regarding the development of the Plat, project monitoring during the
warranty period, processing of requests for reduction in security, and any consulting or legal fees incurred by
the City. Fees for this service shall be four percent (4 %) of the estimated construction cost as detailed in
Exhibit E and tree preservation and replacement costs, less oversizing costs outlined in Exhibit D, assuming
normal construction and project scheduling. The previous escrowed funds currently retained by the City as
a result of a Preliminary Plat Application will be credited towards the City Administration four percent
(4 %) fee. The Developer has previously escrowed $20,000.00 for City Administrative Review. The
remaining City Administration Fee shall be $21,670.00. This fee was calculated as four percent (4 %) of the
estimated construction cost less the oversizing reimbursement identified in Paragraph 37, and the previously
established $20,000.00 escrow fund. Costs incurred by the City over and above the four percent (4 %)
Administration fee shall be billed to the Developer.
22. : _ id : (_ u Li _ I The City and Developer
acknowledge that the calculation of the City Administration Fee is based on construction cost estimates
provided by the Developer to the City. Although the City reviews and accepts the construction cost estimates
provided by the Developer, the review and acceptance is based on an assessment by City Engineering Staff
that the costs provided to the City are reasonable. Actual construction costs may vary. Once the City approves
the construction cost estimates from the Developer for the Developer Installed Improvements, the City
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Administration Fee will not be subsequently adjusted in order for the City to collect additional administrative
fees from the Developer or to reimburse the Developer for fees paid to the City.
23. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full -time inspection of proposed grading, public utilities and street construction, City
legal costs, and City consultant expenses. The Developer shall deposit an amount equal to five percent (5 %)
of the estimated construction cost, less oversizing costs outlined in Exhibit D, for construction observation
performed by the City's authorized personnel and incurred pass- through legal expenses. This amount shall
be maintained by the City in escrow until final acceptance of all Developer Installed Improvements by the
City. Any balance remaining in the escrow account will be returned to the Developer at that time. Costs
incurred by the City over and above the five percent (5 %) Construction Observation fee shall be billed to the
Developer.
24. TRUNK STORM WATER ACREAGE CHARGE. The Developer shall pay a storm water
trunk charge of $43,382.00 prior to the City signing the final Plat. The amount was calculated as follows:
15.549 acres at $2,790.00 per acre. This calculation was determined by the Fee Determination Study adopted
by City Council Resolution #05 -18 on January 18, 2005.
25. TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $85,520.00 shall
be paid by the Developer for watermain trunk improvements prior to the City signing the final Plat. The
amount was calculated as follows: 15.549 acres at $5,500.00 per acre. This calculation was determined by
the Fee Determination Study adopted by City Council Resolution #05 -18 on January 18, 2005.
26. TRUNK SEWER ACREAGE CHARGE. A trunk sewer acreage charge of $47,269.00 shall
be paid by the Developer for sanitary sewer trunk improvements prior to the City signing the final Plat. The
amount was calculated as follows: 15.549 acres at $3,040.00 per acre. This calculation was determined by
the Fee Determination Study adopted by City Council Resolution #05 -18 on January 18, 2005.
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27. STREET OVERSIZE ACREAGE CHARGE. This Development Contract requires the
Developer to pay a street oversize acreage charge of $76,501.00 for street improvements prior to the City
signing the final Plat. The amount was calculated as follows: 15.549 acres at $4,920.00 per acre. This
calculation was determined by the Fee Determination Study adopted by City Council Resolution #05 -18 on
January 18, 2005.
28. UTILITY CONNECTION CHARGE. The Developer shall pay a utility connection charge
of $18,000.00 for connection to the sanitary sewer and water systems. The amount was calculated as follows:
150' at $120.00 per front foot.
29. PARK AND TRAIL DEDICATION. Park and Trail Dedication requirements have been
satisfied by park and trail land dedication of at least 10% the total net area of the development site. No
additional charge is required.
30. STREET LIGHTS AND OPERATIONAL COSTS. 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 streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the City
Engineer and in accordance with the Public Works Design Manual.
31. LANDSCAPING (Single Family Residential). In accordance with the City Subdivision
Ordinance, each residential lot in the Plat must have at least two (2) front yard trees. The Developer or lot
purchaser shall plant the two (2) front yard trees on every lot in the Plat that does not already meet this
requirement at the time of the building permit. The Developer or lot purchaser shall sod the front yard,
boulevard, and side yards to the rear of every structure on every lot prior to the issuance of the final certificate
of occupancy. If this section is to be satisfied by existing trees, a tree protection security ( "escrowed funds ")
may also be required. If the required landscaping is not installed, the City is granted a license to enter upon
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a lot and install the landscaping using the escrowed funds deposited by the builder at the time the building
permit was issued. Upon satisfactory completion of the landscaping, the escrowed funds less any draw made
by the City, shall be returned to the person who deposited the funds with the City.
32. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, and to the
provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial
guarantee of $4,000.00 based on an amount equal to 125% of the estimated cost to furnish and plant the
replacement trees. The City shall maintain the Security for at least one (1) year after the date the last
replacement tree has been planted. At the end of such year, or such longer period as the City determines to
be reasonable, the portion of the Security equal to 125% of the estimated cost of the replacement trees, which
are alive and healthy may be released. Any portion of the Security not entitled to be released shall be
maintained and shall secure the Developer's obligation to remove and replant replacement trees, which are
not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of these
trees, the Security shall be maintained for at least one (1) year after the date of the replanting or planting of
these trees. If, at the end of this period, all of the required trees are alive and healthy, the entire Security may
be released.
33. SECURITY. To guarantee compliance with the terms of this Development Contract, payment
of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ( "Security ") shall
be in the form attached hereto as Exhibit B, from a bank for $1,532,336.00. The amount of the Security was
calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $ 285,788.00
Watermain $ 229,224.00
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Storm Sewer $ 223,454.00
Streets/Sidewalks/Trails/Boardwalks $ 464,594.00
Trail Option 1 or 2 $ 18,809.00
Tree Replacement $ 4,000.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $ 1,225,869.00
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 1,532,336.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank
on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The bank shall
be authorized to do business in the State of Minnesota with a principal branch located within the seven County
Twin City Metropolitan area. The Letter of Credit should extend through the required warranty period.
Individual Security instruments may be for shorter terms provided they are replaced at least forty-five (45)
days prior to their expiration. If the required Developer Installed Improvements are not completed at least
thirty (30) days prior to the expiration of the Security, the City may draw it down. If the Security is drawn
down, the proceeds shall be used to cure the default. The Security may be drawn down in the event that at
least forty-five (45) days prior to an identified expiry date the Letter of Credit is not extended for a period of
at least one year or has not been replaced with a substitute Letter of Credit acceptable to the City.
34. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of $364,429.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4 %) ($20,000 previously paid) $ 21,670.00
City Construction Observation (5 %) $ 52,087.00
Trunk Stormwater Acreage Charge $ 43,382.00
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Trunk Water Acreage Charge $ 85,520.00
Trunk Sewer Acreage Charge $ 47,269.00
Street Oversize Acreage Charge $ 76,501.00
Utility Connection Charge $ 18,000.00
Park and Trail Dedication Fee (if in lieu of land) $ 0.00
TOTAL CITY DEVELOPMENT FEES $ 364,429.00
35. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required work has been satisfactorily completed and financial obligations to the City have been satisfied, the
Security may be reduced by seventy -five percent (75 %) of the financial obligations that have been satisfied
upon written authorization by the City Engineer. Any requests for reductions in the Security must be made
in writing to the City Engineer and must be accompanied by lien waivers from any contractor or subcontractor
for the Developer. Twenty -five percent (25 %) of the Security shall be retained until all Developer Installed
Improvements and other obligations under this Development Contract have been completed, including, but
not limited to, all financial obligations to the City, and the receipt of all required as -built street, utility and
grading plans by the City. Once the City has accepted the project, as- builts have been completed, all punch
list items are completed and warranty bonds submitted, the Irrevocable Letter of Credit may be reduced to
5 %. Upon completion of the warranty period the 5% Irrevocable Letter of Credit may be released. In no
event shall the five percent (5 %) Security be released until the Developer provides the City Engineer with a
certificate from the Developer's registered land surveyor stating that all irons have been set following site
grading and utility and street construction.
36. WARRANTY. The Developer warrants all Developer Installed Improvements required to be
constructed by it pursuant to this Development Contract against poor material and faulty workmanship. The
Developer shall post warranty bonds in the amount of twenty -five (25 %) of the improvements as security.
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The warranty period for streets is one (1) year. The warranty period for underground utilities is two (2) years.
The warranty period on Developer Installed Improvements shall commence on the date the City Engineer
issues written acceptance of the improvement. All punch list items must be completed and "as- built"
drawings received prior to the commencement of the warranty period. The retained Security may be used by
the City to pay for warranty work. The City standard specifications for utilities and street construction identify
the procedures for final acceptance of streets and utilities. These standards are set out in the Public Works
Design Manual.
37. OVFRSI7.ING. City and Developer agree that the Developer Installed Improvements should
be oversized for the benefit of future development. Oversizing is the construction of a Developer Installed
Improvement to City specifications that exceeds those that would otherwise be required of the Developer.
Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage facilities, and
road improvements. If the City Engineer determines that oversizing is required, the City shall reimburse the
Developer for the costs associated with this work and as approved in this contract. City and Developer agree
that the cost of system oversizing to be reimbursed to the Developer is $184,128.50 based upon a cost estimate
by the City Engineer as determined by an engineer's estimate or contractors bid to be provided by the
Developer and application of the City's Assessment Policy based on a final engineering design. The
calculation for oversizing is attached as Exhibit D.
38. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has been
performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action
pursuant to the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Irrevocable
Letter of Credit Security in an amount up to 125% of the claim(s) and deposit the funds in compliance with
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the Rule, and upon such deposit, the Developer shall consents to and shall not object to the Court issuing an
order releasing, discharging, and dismissing the City from any further proceedings as it pertains to the
Irrevocable letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to
determine attorneys' fees pursuant to this Development Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any undisputed
amount for which the Developer has received payment by the City, the Developer shall pay interest to the
subcontractor on the unpaid amount at the rate of 11/2 percent (1.5 %) per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Developer shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Developer shall be awarded
its costs and disbursement, including attorney's fees incurred in bringing the action, from the Irrevocable
Letter of Credit or other security provided by the Developer to the City. (See Minn. Stat. §471.425, Subd.
4a.)
39. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Development
Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may issue a stop work
order until the bills are paid in full.
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40. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, any one or more of the following events: (1) failure by the Developer to pay in
a timely manner, all fees, charges, taxes, claims and liabilities, including but not limited to all real estate
property taxes, utility charges, and assessments with respect to the development property; (2) failure by the
Developer to construct the Developer Installed Improvements pursuant to the terms, conditions and
limitations of this Development Contract; (3) failure by the Developer to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under this Development Contract;
(4) transfer of any interest in the Plat without prior written approval by the City Council (for the purpose of
this paragraph, the sale of a lot, except an outlot, to a builder is not an event of default); (5) failure to correct
any warranty deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the
City in connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable
Letter of Credit at least forty-five (45) days prior to its expiration date ; (8) receipt by the City from the
Developer's insurer of a notice of pending termination of insurance; (9) failure to maintain a current insurance
certificate on file with the City meeting City requirements; (10) failure to maintain an Irrevocable Letter of
Credit; (11) a breach of any material provision of this Development Contract. With respect to this paragraph,
"material provision" shall be construed broadly to offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 41 of
this Development Contract, may take any one or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract.
Page 18
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development Contract
or to enforce performance and/or observance of any obligation, agreement or covenant of development under
this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots, including those lots sold to third parties.
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements using the Irrevocable Letter of Credit to pay for the related costs.
8. Suspend the release of any escrowed dollars.
9. Use of escrow dollars or other security to satisfy any outstanding financial
obligations to the City including but not limited to all real estate property taxes, utility charges, and
assessments with respect to the development property;
10. Any fees, including attorney fees, incurred by the City associated with
enforcing any of the provisions set out in sections 1 -9 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
41. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the following:
(1) the nature of the breach of the term or condition that requires compliance by the Developer, or the Event
of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the Event of
Default; and (3) the time the developer has to cure the breach or remedy the Event of Default.
Page 19
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
D.R. Horton Inc, 20860 Kenbridge Court, Suite #100, Lakeville, MN 55044. Notices to the City shall be in
writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care
of the City Manager at the following address: City of Prior Lake, 4646 Dakota Street SE, Prior Lake,
Minnesota 55372. Concurrent with providing Notice to the City, Notice(s) shall be served upon the City
Attorney Ric Rosow, Gregerson, Rosow, Johnson & Nilan, LTD, 650 Third Ave. South, Suite 1600,
Minneapolis, MN 55402.
42. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
43. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have
no recourse against the City under this Development Contract. The Developer agrees that any party allegedly
injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the Developer or
the Developer's agents. In all such matters, including court actions, the Developer agrees that the
indemnification and hold harmless provisions set out in Paragraph 42 shall apply to said actions. This
Development Contract is a contract agreement between the City and the Developer. No provision of this
Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such
Page 20
person as a third -party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise
give rise to any cause of action for any person not a party hereto.
44. INSURANCE REQJIIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the
Developer Installed Improvements, public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death
shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property
damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of
$1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall
file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate shall
provide that the City must be given thirty (30) days advance written notice ofthe cancellation of the insurance.
The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall have
expiration dates falling on June 30 or December 31' of each year. Each insurance certificate shall have the
project name and City project number clearly shown.
45. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run with
the land. The Developer, at its sole cost and expense, shall record this Development Contract against the title
to the property within sixty (60) days of the City Council's approval of the Development Contract. The
Developer shall provide the City with a recorded copy of the Development Contract. The Developer
covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property
being final platted and/or has obtained consents to this Development Contract, in the form attached hereto,
from all parties who have an interest in the property; that there are no unrecorded interests in the property
being final platted; and that the Developer indemnifies and holds the City harmless for any breach of the
foregoing covenants.
Page 21
46. FLEXIBLE, DEVELOPMENT IN AREAS WITH HIGH AND MODERATE QUALITY
NATURAL COMMUNITIES. In accordance with City Ordinance Section 1106A the Developer has
requested modifications to the yard encroachments (i.e. — building features allowed within structure setbacks)
per the approved development plans. The Developer shall preserve trees in the area in accordance with the
approved grading plan and dedicated outlot areas to the City for the future preservation of the trees.
47. WETLAND MITIGATION REQUIRED. Recording of the Final Plat and Development
Contract cannot occur prior to approvals of the wetland mitigation by the City Council.
48. SPECIAL PROVISIONS. The following special provisions shall apply to Plat development:
A. Compliance with all of the conditions listed in the Resolution approving the final Plat.
B. The Developer is required to submit the final Plat in electronic format. The electronic
format shall be compatible with the City's current software. In addition, upon completion of the project the
Developer shall provide the City with as -built utility plans in electronic format compatible with the City's
current software and with layers, colors, and line -types formatted in accordance with City standards.
Additionally, three (3) full size (22 X 34 inch) paper copies and one (1) reduced (11 X 17 inch) copy shall be
certified and submitted to the City.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right -of -way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
49. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat
does not comply, the City may, at its option, refuse to allow construction or development work in the Plat
Page 22
until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is
compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless in
writing, signed by the parties and approved by resolution of the City Council. The City's failure to promptly
take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. Within ninety (90) days from the date of approval of this Development
Contract by the City Council, the Developer may assign this Development Contract to Wyatt The Pudel
Pointer H.S. II, LLC, a Minnesota limited liability company, the identified Fee Owner hereunder. The
Developer may not otherwise assign this Development Contract without the prior written approval of the City
Council. The Developer's obligation 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.
E. Interpretation. This Development Contract 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 Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
provisions.
F. Jurisdicition. This Development Contract shall be governed by the laws of the State
of Minnesota.
G. Successors and Assigns. Provisions of this Contract shall be binding upon and
enforceable against owners, their successors, and their assigns of the Plat.
Page 23
CITY OF PRIOR LAKE
By:
(SEAL) Kenneth L. Hedberg, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this day of , 2014, by
Kenneth L. Hedberg, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 24
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owner of all or part of the
subject property, the development of which is governed by the foregoing Development Contract, affirm and
consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by .
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 25
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a • ertgage on the
subject prope the development of which is governed by the foregoing Development Co ract, agrees that
the Development ontract shall remain in full force and effect even if it forecloses on it ortgage.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowled• • aefore me this day of
20 , by
•
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 5537
Page 26
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, w • who has a
contract purcha • 's interest in all or part of the subject property, the development of MI"' is governed by
the foregoing Devs opment Contract, hereby affirms and consents to the provisions the of and agrees to be
bound by the provis 'ns as the same may apply to that portion of the subject prope in which there is a
contract purchaser's in • est.
Dated this d. of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowl aged b ore me this day of
20 , by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 5 . 2
Page 27
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EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
(LOC must be from a bank authorized to do business in Minnesota with a principal branch in the 7 -county metropolitan area)
No.
Date:
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated , 20 , of
(Name of Bank) "•
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on December 31,20.
_
This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be December 31 of each year), the Bank delivers written notice
to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is
effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to
the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 4646 Dakota Street
SE, Prior Lake, Minnesota 55372 -1714, and is actually received by the City Manager at least forty-five (45) days prior
to the renewal date. In the event that at least forty-five (45) days prior to the expiry date listed above, this Letter of
Credit is not extended for a period of at least one year or has not been replaced with a substitute Letter of Credit
acceptable to you, this Letter of Credit is also payable to you upon presentation to us of your written statement
mentioning thereon our Credit No. [insert number] and stating "Letter of Credit No. _[insert number]
has not been extended for a period of at least one year from the present expiration date and has not been replaced with
a substitute Letter of Credit acceptable to us."
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
Page 30
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
INSURED:
ADDITIONAL INSURED: City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
() Claims Made () Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person $2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
Operations of Contractor: YES
Page 31
Operations of Sub - Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF
THE ABOVE COVERAGES:
If so, list: Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at On
BY:
Authorized Insurance Representative
Page 32
EXHIBIT E
Hickory Shores South Oversizing Cost 03/04/14
Using NW Asphalt Pricing
Bid Proposal
Contract Item Unit Unit Price Quantity I Amount
Section A - Sanitary Sewer
8" PVC SDR 35, Extra Depth 14 -16 vs 12 -14 LF $0.00 260 $0.00
8" PVC SDR 35, Extra Depth 16 -18 vs 12 -14 LF $20.00 _ 85 _ $1,700.00
8" PVC SDR 35, Extra Depth 18 -20 vs 12 -14 LF $20.00 _ 87 _ $1,740.00
Sanitary Sewer Manhole Extra Depth VF $48.60 _ 9.8 _ $476.28
4" PVC C -900 Force Main LF $16.00 643 $10,288.00
4" DIP Class 52 LF $15.00 45 $675.00
Lift Station LS $123,879.22 1 $123,879.22
Connect Forcemain to Existing Manhole EA $2,500.00 1 $2,500.00
Total Sanitary Sewer Proposal Amount I $141,258.50
Bid Proposal
Contract Item Unit Unit Price Quantity I Amount
Section C - Watermain
12" D.I.P. in lieu of 8" D.I.P. LF $12.00 2009 $24,108.00
D.I.P. Fittings LB $4.00 2,481 $9,924.00
12" Gate Valve in lieu of 8" Gate Valve EA $1,261.00 5 $6,305.00
Total Watermain Proposal Amount I $40,337.00
Bid Proposal
Contract Item Unit Unit Price Quantity I Amount
Section D - Street
Lift Station Concrete Apron LS $2,000.00 1 $2,000.00
Lift Station Bituminous Approach SY $6.50 82 $533.00
Total Street Proposal Amount I $2,533.00
Total Credits $184,128.50
EXHIBIT D
ENGINEER'S ESTIMATE
FOR
HICKORY SHORES SOUTH
IN
PRIOR LAKE, MN
Revised March 5, 2014
Bid Estimate
Contract Item Unit Unit Price Quantity I Amount
Section A - Sanitary Sewer
8" PVC SDR 35, 10' -16' Depth LF $27.00 1,694 $45,738.00
8" PVC SDR 26, 10' -12' Depth LF $30.00 41 $1,230.00
8" PVC SDR 26, 12' -14' Depth LF $31.00 100 $3,100.00
8" PVC SDR 26, 14' -16' Depth LF $31.00 177 $5,487.00
8" PVC SDR 26, 16' -18' Depth LF $33.00 480 $15,840.00
8" PVC SDR 26, 18' -20' Depth LF $37.00 102 $3,774.00
8" DIP CL 52, 12' -14' Depth LF $35.00 52 $1,820.00
4" PVC SDR 26 Service Pipe LF $14.00 1,360 $19,040.00
4" PVC SDR 26 Riser Pipe VF $30.00 56 $1,680.00
8 "x4" PVC Service WYE EA $125.00 34 $4,250.00
Sanitary Sewer Manhole (0' -10' Depth) EA $2,400.00 14 $33,600.00
Sanitary Sewer Manhole Extra Depth VF $110.00 48.6 $5,346.00
Televise Sanitary Sewer LS $3,000.00 1 $3,000.00
Sanitary Sewer Test LS $2,000.00 1 $2,000.00
Connect to Existing EA $2,000.00 1 $2,000.00
4" PVC C -900 Force Main LF $24.00 643 $15,432.00
4" DIP Class 52 LF $30.00 15 $450.00
Lift Station EA $120,000.00 1 $120,000.00
Dewatering LS $1.00 1 $1.00
Connect Forcemain to Existing Manhole EA $2,000.00 1 $2,000.00
Total Sanitary Sewer Estimate Amount I $285,788.00
Bid Estimate
Contract Item Unit Unit Price Quantity I Amount
Section B - Watermain
6" D.I.P. Class 52 LF $33.00 113 $3,729.00
8" D.I.P. Class 52 LF $33.00 600 $19,800.00
12" D.I.P. Class 52 LF $45.00 2,009 $90,405.00
Fire Hydrant w /6" Gate Valve EA $4,000.00 8 $32,000.00
D.I.P. Fittings LB $3.00 4,990 $14,970.00
1" Corporation Stop EA $110.00 34 $3,740.00
1" Curb Stop & Box EA $180.00 34 $6,120.00
1" Copper (Type -K) Service Pipe LF $16.00 1,360 $21,760.00
8" Gate Valve & Box EA $1,500.00 2 $3,000.00
12" Gate Valve & Box EA $5,000.00 6 $30,000.00
Connect To Existing Watermain EA $850.00 2 $1,700.00
Watermain Test LS $2,000.00 1 $2,000.00
Total Watermain Estimate Amount I $229,224.00
EXHIBIT D
Bid Estimate
Contract Item Unit Unit Price Quantity I Amount
Section C - Storm Sewer
12" RCP Class 5 LF $27.00 109 $2,943.00
15" RCP Class 5 LF $28.00 414 $11,592.00
18" RCP Class 5 LF $31.00 1,212 $37,572.00
21" RCP Class 4 LF $35.00 70 $2,450.00
24" RCP Class 3 LF $39.00 266 $10,374.00
27" RCP Class 3 LF $40.00 367 $14,680.00
30" RCP Class 3 LF $60.00 22 $1,320.00
12" FES w/Trash Guard EA $998.00 4 $3,992.00
15" FES w/Trash Guard EA $999.00 1 $999.00
18" FES w/Trash Guard EA $1,000.00 3 $3,000.00
21" FES w/Trash Guard EA $1,200.00 1 $1,200.00
24" FES w/Trash Guard EA $1,600.00 1 $1,600.00
27" FES w/Trash Guard EA $1,600.00 2 $3,200.00
30" FES w/Trash Guard EA $2,400.00 1 $2,400.00
27" Catch Basin EA $1,250.00 2 $2,500.00
24 "x36" Catch Basin EA $1,300.00 8 $10,400.00
48" Catch Basin Manhole (0' -10' Depth) EA $2,000.00 9 $18,000.00
48" Manhole (0' -10' Depth) EA $2,000.00 6 $12,000.00
48" Manhole Extra Depth VF $120.00 6.11 $733.20
60" Catch Basin Manhole (0' -10' Depth) EA $3,100.00 7 $21,700.00
60" Manhole Extra Depth VF $120.00 1 $100.80
60" Pond Control Structure w/ Slotted Weir EA $5,000.00 1 $5,000.00
72" Pond Control Structure w/ Slotted Weir EA $6,000.00 1 $6,000.00
RIP RAP Class III CY $85.00 65.0 $5,525.00
Catchbasin Inlet Protection & Maintained (Grass) EA $150.00 1 $150.00
Catchbasin Inlet Protection & Maintained (Street) EA $150.00 19 $2,850.00
Connect to Existing EA $1,000.00 1 $1,000.00
6 "HDPE Slotted Drain Tile (Fittings Incidental) - Filrtration Basin LF $16.00 1,052 $16,832.00
6" Drain Tile Clean Out EA $20.00 10 $200.00
6 "HDPE Slotted Drain Tile (Fittings Incidental) - Streets LF $16.00 224 $3,584.00
Filtration Medium CY $10.00 1,800 $18,000.00
Filter Planting Media (4" Till -In) CY $15.00 300 $4,500.00
Total Storm Sewer Estimate Amount I $223,454.00
EXHIBIT D
Bid Estimate
Contract Item Unit Unit Price Quantity I Amount
Section D - Streets
Mobilization LS $6,500.00 1 $6,500.00
Subgrade Preparation SY $0.80 12,400 $9,920.00
24" Granular Borrow SY $9.00 12,400 $111,600.00
6" Class 5 100% Crushed ( MnDOT 3138) SY $4.50 10,600 $47,700.00
2.5" Bituminous Base (WVNW35035B) SY $8.44 8,690 $73,343.60
Tack Coat (MnDOT 2357) GL $3.75 488 $1,830.00
1.5" Bituminous Wear (MVWE45035B) SY _ $5.50 8,690 $47,795.00
Concrete Mountable Curb & Gutter LF $9.00 4,876 $43,884.00
Concrete B618 Curb & Gutter LF $12.00 460 $5,520.00
Adjust Gate Valve Box EA $300.00 9 $2,700.00
Adjust Catch Basin Casting EA $125.00 21 $2,625.00
Adjust Manhole Casting EA $400.00 19 $7,600.00
Backfill Curb & Gutter and Grade Boulevard LS $3,000.00 1 $3,000.00
Sod 3' Behind Back of Curb SY $3.50 1,775 $6,212.50
3 -4" PVC Conduit X -ing EA $500.00 5 $2,500.00
4" Concrete Sidewalk w/ 6" Base SY $35.00 1100 $38,500.00
Ped Ramp EA $500.00 4 $2,000.00
2.5" Trail Bituminous SY $8.44 1650 $13,926.00
6" Trail Class 5 SY $4.50 1850 $8,325.00
10' Boardwalk SY $171.43 70 $12,000.10
Lift Station Concrete Apron LS $2,000.00 1 $2,000.00
Lift Station Bituminous Approach SY $6.50 82 $533.00
Remove Existing Bituminous Section SY $4.00 60 $240.00
Remove Existing Curb & Gutter LF $15.00 36 $540.00
Sawcut Bituminous LF $3.50 60 $210.00
Street Lights EA $830.00 8 $6,640.00
Wetland Markers EA $150.00 29 $4,350.00
Type 3 Barrier with Sign EA $350.00 2 $700.00
Street Signs EA $300.00 5 $1,500.00
Stop Signs EA $200.00 2 $400.00
Total Street Estimate Amount 1 $464,594.20
Total Sanitary Sewer Estimate Amount $285,788.00
Total Watermain Estimate Amount $229,224.00
Total Storm Sewer Estimate Amount $223,454.00
Total Street Estimate Amount $464,594.20
TOTAL AMOUNT $1,203,060.20
EXHIBIT D
Bid Estimate
Contract Item Unit Unit Price Quantity I Amount
Trail Options
Option 1
Clear and Grub AC $3,850.00 0.21 $808.50
Erosion Control Fence LF $1.65 270 _ $445.50
Grade Subgrade HR $350.00 10 $3,500.00
2.5" Trail Bituminous SY $8.44 980 $8,271.20
6" Trail Class 5 SY $4.50 1127 $5,071.50
Restore, Seed and Mulch AC $650.00 0.21 $136.50
Erosion Control Blanket SY $1.20 480 $576.00
Subtotal $18,809.20
Option 2
Clear and Grub AC $3,850.00 0.32 $1,212.75
Erosion Control Fence LF $1.65 1,372 $2,263.80
Grade Subgrade HR $350.00 16 $5,600.00
2.5" Trail Bituminous SY $8.44 607 $5,123.08
6" Trail Class 5 SY $4.50 698 $3,141.00
Restore, Seed and Mulch AC $650.00 0.32 $208.00
Erosion Control Blanket SY $1.20 484 $580.80
Subtotal $18,129.43
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
a. All utilities and roads shall be constructed in conformance with the Public Works Design Manual.
b. Prior to release of the signed final plat mylars, the developer shall pay all fees detailed in the
Development Contract.
c. The Developer shall be responsible for submitting reductions of the Hickory Shores South Final
Plat to the following scales: 1" = 200'; and one reduction at no scale which fits onto an 8 1/2" x
11" sheet of paper.
d. Four mylar sets of the final plat with all required signatures must be submitted.
e. 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 May 9, 2014 will render the final
plat null and void.
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