HomeMy WebLinkAbout7C - Ring Road 3 Assmt Hearing
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
October 4, 2004
7C
Bud Osmundson, Director of Public Works
SUBJECT:
SPECIAL ASSESSMENT PUBLIC HEARING FOR THE
RING ROAD PHASE 3/ CH 23/ TH 13/ FIVE HAWKS
IMPROVEMENTS, CITY PROJECT 02-06 AND CONSIDER
APPROVAL OF A RESOLUTION ADOPTING THE
ASSESSMENT ROLL FOR THE PROJECT.
DISCUSSION:
HISTORY
The purpose of this item is to conduct a public hearing to consider
the special assessments for the referenced project. At its
September 7 meeting, the City Council declared the costs to be
assessed, ordered the preparation of the assessment roll, and
established the date of the Public Hearing to consider the
assessments as October 4, 2004.
The third phase of the Ring Road, CH 23, TH 13, Five Hawks
improvement project is now substantially complete. This project
included sanitary sewer, water main, storm sewer and street
construction on Tower Street (Ring Road) from Duluth to CH 23,
170'h Street (Ring Road) from CH 23 to TH 13, and County
Highway 23 (Panama Avenue) from the City's former border with
SpringLakeTownshiptoTH 13. A new traffic signal and turn
lanes were constructed on TH 13 at CH 23/Five Hawks. The
project also included turn lane construction and an overlay on Five
Hawks Avenue from TH 13 to Priorwood Street
Prior to this construction the segment of Tower Street from Duluth
to CH 23 was a rural section, gravel surfaced, unimproved
roadway. 170'h Street from CH 23 to TH 13 was a rural section,
blacktop road. Both of these streets now have an urban section
roadway with concrete curb and gutter, storm drain facilities and
new bituminous street surfaces. A drawing showing the improved
area is attached.
At a recent City Council meeting, the Ring Road segments
discussed above, i.e. 170'h St. between CH 23 and TH 13, and
Tower St. between Duluth and CH 23, along with the new segment
of street behind the Priordale (now named South Lake Village)
Mall site, were renamed Village Lake Drive.
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CURRENT CIRCUMSTANCES
The project area is a commercially zoned area except for the area
on the south side of Village Lake Drive, which was formerly in
Spring Lake Township, now part of the City. This twelve acre site
is now being developed as Heritage Landing, a townhouse
development. The Assessment Policy is to assess commercial
properties on a front foot basis. The Heritage Landing
development was also assessed on a front foot basis which has
been reflected in the executed development agreement.
The proposed assessment roll is attached. There is a development
agreement with the Radermachers for the County Market site
which included stipulations as to the amount of future assessments
against the property. These are noted on the proposed assessment
roll. There also was a development agreement for the Heritage
Landing property that outlined their assessments for the
improvements.
The proposed assessments have gone down from the engineer
estimate based assessments calculated at the public hearing stage
of the project. The rate for CH 23 is $78.68 per front foot
compared to $104.60 previously estimated. The 100% rate for the
Village Lake Drive is $185.94 per front foot compared to the
previous estimate of $231.55, and the 40% rate is $74.38 compared
to $92.62 previously estimated. The 100% rate is only proposed to
be assessed to the McKinley/Schweich parcel which has access
to/from the unimproved road (Tower St.) prior to the project. The
Radermachers will be assessed for the undeveloped outlot, west of
the County Market lot, at the 40% rate since they previously had a
bituminous surfaced roadway and this would be considered a
"reconstruction". Per the City Assessment Policy the City would
pay 60% and the benefited properly assessed at the 40% rate for
reconstruction projects.
Since the proposed Assessment Roll was mailed out to the properly
owners, a change has been proposed for 0 ne 0 f t he assessments.
The change is to the parcel Outlot C of Radermacher's 1st
Addition. This parcel previously had sanitary sewer service
provided so it should not have been assessed for the sanitary sewer
provided in Village Lake Drive. This changes the amount of the
assessment for sewer and water from $81,480 to $33,950.
Special Benefit appraisals were performed by Lake State Realty
Services, Inc. These appraisals show the amount of value or
"special benefit" the properties gain from the City improvements.
The appraisals show a special benefit higher than the proposed
assessment amounts.
U:\Osmundson\Street System\23 & Five Hawks\Agenda Items\Agenda PH adopting assments.DOC
--_._.,--'--_._.__...,-_._---_.._-_._..__._-...._~-_.~------.----.....---.-
FINANCIAL IMPACT:
ALTERNATIVES:
The Special Assessment Review Committee met on August 30 to
review the project and the proposed assessments and agreed with
the assessments as proposed.
CONCLUSION:
The Council should open the public hearing, receive public input,
and then close the public hearing. If certain issues need additional
study, those issues could be referred to the Assessment Review
Committee of evaluation and recommendation; otherwise it would
be appropriate to approve the attached resolution. Statutes require
that special assessments must be certified to the County by
November 30th. Since property owners must be allowed 30 days to
payoff their assessments interest free, the assessment roll must be
adopted prior to November 1, 2004. In other words, action could
be taken at the October 18 meeting.
The total project cost for Project 02-06 is $2,756,288. The costs of
the project are as follows:
Construction Contract
Lighting
Easements
Engineering
Testing services
$1,954,886
$ 63,500
$ 286,114
$ 415,882
$ 35,906
Total............................................... .$2,756,288
It is proposed to be funded as described below:
Scott Co. Cooperative Agreement
MnDOT Cooperative Agreement
2003 Operating Budget (Overlay)
Municipal State Aid
Collector Street Fund
Assessments
Street
Sanitary Sewer & Water
$ 720,738
$ 368,500
$ 55,000
$ 825,416
$ 349,614
$ 302,988
$ 134,032
----------------
Total............................................... .$2,756,288
The assessments total $437,020 which make up less than 16% of
the total cost of the project.
The alternatives are as follows:
I. Approve a Resolution adopting the assessment roll as
submitted, or with revisions to the assessment roll.
U;\Osmundson\Street System\23 & Five Hawks\Agenda Items\Agenda PH adopting assments.DQC
__ _._ . .-O..________________n__.. __._________"~_.__,,_ __ ____...._.....___.._.__..
2. Deny the Resolutions for a specific reason and provide staff
with direction.
3. Table this item for a specific reason.
RECOMMENDED
MOTION:
REVIEWED BY:
U:\Osmundson\Street System\23 & Five Hawks\Agenda ltems\Agenda PH adopting assments,DOC
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 04-XX
RESOLUTION ADOPTING ASSESSMENTS FOR
THE RING ROAD PHASE 3/ CH 23/ TH 13/ FIVE HAWKS IMPROVEMENT PROJECT
CITY PROJECT 02-06
MOTION BY:
SECOND BY:
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessments for Project 02-06,
the Ring Road Phase 3, CH 23, TH 13, Five Hawks street and utility improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each
tract of land therein included is hereby found to be benefited by the proposed improvement in the
amount ofthe assessment levied against it.
2. Such assessments shall be payable on an equal principal method extending over a period of ten
(10) years. The first installment shall be the annual principal plus interest calculated from the
Public Hearing date to the end of this year plus twelve months of the next year and shall bear
interest at the rate of six (6) percent per annum from the date of adoption of this assessment
resolution. To the first installment shall be added eighty-six (88) days of interest on the entire
assessment from the date this resolution is adopted to December 31, 2004. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification ofthe assessment to
the County Auditor, pay the whole of the assessment on such property, with interest accrued to
the date of the payment, except that no interest will be charged if the entire assessment is paid
within thirty (30) days, and the individual may at any time thereafter, pay to the City's Finance
Director the entire amount of the assessment remaining unpaid, excepting the installment portion
appearing upon the current year's property tax statement.
4. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of Scott County. Such assessments shall
be collected and paid to the City in same manner as other municipal taxes.
5. The final project cost apportionment has been determined to be $2,756,288 of which $2,319,268
shall be paid from City Funds, and $437,020 to be assessed to the benefited property owners at
the assessment rates as described on the attached assessment roll.
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Phone 952.440.9675 / Fax 952.440.9678
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
Passed and adopted this 4th of October, 2004.
{Seal}
YES
NO
Haugen Haugen
Blomberg Blomber!!
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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02- 0/.0
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into this 27th day of
July ,1992, by and between the City of Prior Lake, a
munlclpal corporation organized under the laws of the State of
Minnesota, ("city"), and LeRoy R. Radermacher and Marilyn F.
Radermacher , as Joint Tenants ,( "Developer") .
WITNESSETH THAT:
WHEREAS, Developer is
State of Minnesota and
defined, and
duly organized to do
owns the Property,
business in the
as herein after
WHEREAS, Developer desires to develop the Property; and
WHEREAS, Developer has made application to the City Council
for approval of the plat of the Property; and
WHEREAS, the City has granted preliminary plat approval to
the Property Subdivision, on the condition that, among other
things, 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.
NOW, THEREFORE, in consideration of these
mutual promises and conditions hereinafter
hereby agreed as follows:
premises and of the
contained, it is
1. DEFINITIONS; RULES OF INTERPRETATION AND EXHIBITS.
In this Agreement the followlng terms shall have the
following respective meanings unless the context hereof
clearly requires otherwise:
a. "Agreement" means this Contract for Development
in the City of Prior Lake, Minnesota, by and
Cit~ and Developer as the same may be from time
mOdlfied, amended or supplemented.
of Land
between
to time
b. "Cash Escrow Deposit" means a cash deposit
Finance Director in the amount of $ Zero
Cost of Developers Improvements).
c. "Cit~" means the City of Prior Lake, a governmental
subdlvision of the State of Minnesota.
with the City
(125% of
d. "City Attorney" means t.he City Attorney of the city of
Prior Lake.
e. "City Council" means the Prior Lake City Council.
"City " city
f. Engineer" means the city Engineer of the of
Prior Lake.
1
g. "City Finance Director" means the City Finance Director
of the City of Prior Lake.
h. "Cost of Developer Improvements"
Developer Improvements as estimated
on Exhibit A in the City Engineer's
discretion.
means
by the
sole
the
City
and
cost of
Engineer
absolute
i. "Developer" means LeRoy R. Radermacher and Marilyn F.
Radermacher their successors and assigns.
j. "Developer's Installed and Financed Improvements" means
the construction work to be performed by Developer on
the Property including, but not limited to, the trees,
topsoil and sodding, sidewalks and driveways, curb-stop
adjustments, street lighting, streets, curb and gutter,
water supply, sanitary sewer drainage, Permanent street
Improvements and Traffic Signing Improvements to be
performed, installed or constructed upon the Pro~erty
pursuant to this Agreement, the plans, specificat~ons,
drawings and related documents, and in accordance with
the policies and ordinances of City as City may adopt
from time to time.
k. "Event of Default" shall mean whenever it is used in
this A~reement anyone or more of the following events:
(i) fa~lure by Developer to timely pay all real property
taxes assessed with respect to the Property; (ii)
failure by Developer to commence and complete
construction of 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 their
part to be observed or performed under this Agreement;
(iv) transfer of any interest in Developer or (v)
failure to correct warranty deficiencies.
1. "First Completion Date" means November 30, 1992.
m. "Second Completion Date" means November 30, 1992.
n. "Including" means including, but not limited to.
o. "Letter of Credit" means an irrevocable letter
in the amount of $226,127.50 (125% of Cost of
Improvements) in the form of Exhibit B.
of credit
Developer
p. "Permanent street Improvements" means permanent street
surfacing in accordance with the policies and ordinances
of City as city may adopt from time to time.
q. "Property" means the real property together
improvements, if any, described in Exhibit C.
with
r. "Registf;!1i:ed Professional Engineer" means
currently licensed in civil Engineering
Minnesota State Board of Registration for
Eng ineers and Land Surv'~yors.
2
a person
with the
Architects,
s. "Sewer and Water Improve,ments" means sanitary sewer and
water laterals or extensions including all necessary
building services in accordance with the policies and
ordinances of City as ci.ty may adopt from time to time.
t. "Storm Sewer Improvement.s" means storm sewers, catch
basins, inlets and other appurtenances when determined
to be necessary by City Engineer in accordance with the
policies and ordinances of City as city may adopt from
time to time.
u. "street Improvements" means street grading, graveling
and stabilizing inclu~ing construction of boulevards and
turf establishment ~n accordance with policies and
ordinances of City as city may adopt from time to time.
v. "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.
w. "Traffic Signing Improvements" means standard street
name signs at all newly opened intersections and such
other traffic control signs within the Subdivision
determined to be necessary by City Engineer in
accordance with the policies and ordinances of city as
City may adopt from tim'~ to time.
x. "Unavoidable Delay" means Acts of God, casualties, war,
strikes, civil commotion, embargo, riots, utilities,
ener~ or fuels, litigation in regard to the Subdivision
by th~rd parties, failure after diligent effort to
obtain reguired environment or other approvals,
authorizat~on 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 Developer's or City's control.
('
3
This Agreement shall be interpreted in accordance with
and governed by the laws of the state of Minnesota. The
words herein and hereof and words of similar import,
without reference to any particular section or
subdivision, refer to this Agreement as a whole rather
than to any particular !;ection or subdivision hereof.
Reference herein to any particular section or subsection
hereof are to the section or subsection of the Agreement
as originally executed. Any titles of the several
parts, articles and s,~ctions of this Agreement are
inserted for convenience of reference only and shall be
disregarded if construing or interpreting any of their
provision.
The following exhibit there are attached hereto and by
reference made a part of this Agreement:
Exhibit A - Cost of Dev,~loper Improvements, pages 1-6.
Exhibit B - Letter of credit, page 1.
Exhibit C - Property Identification, page 1.
Exhibit D - Developer and city Cost Summary, page 1.
Exhibit E - Special ConcH tions, page 1.
2 . DEVELOPER IMPROVEMENTS
Developer shall construct and install, at Developer's
expense (except as hereinafter provided), the Developer
Improvements, in accordance with the terms of this
A~reement, the policies and ordinances of the City, as
C1ty may adopt from time to time, and all local, state
and federal laws and regulations (including, but not
limited to, environmental, zoning, building code and
public health laws and regulations) and according to the
plans, specifications, drawings and related documents
submitted to and approved by city Engineer for the
Subdivision prior to commencement of any construction
and final plat approval. The plans, specifications,
drawings and related documents shall be prepared by a
Registered Professional Engineer subject to review and
written approval by city Engineer. 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.
On or before the date hereof, Developer shall pay to the
City a fee equal to 6% of the estimated developer
project cost as determined by the City Engineer to cover
the costs of city in preparing and administering this
Agreement.
o
4
Developer shall provide and maintain erosion control in
compliance with the Minnesota Construction site Erosion
and Sediment Control Planning Handbook developed by the
Board of Water and Soil Resources.
On or before the date hereof, Developer shall furnish to
the City the Letter of Credit or Cash Escrow Deposit at
city's sole option.
Bituminous Base street Improvements, storm Sewer
Improvements, Sanitary Sewer Improvements and watermain
Improvements shall be completed by the First Completion
Date. Permanent Street Improvements and Traffic Signing
Improvements and all other Developer Improvements as per
plans and specifications shall be completed by the
Second Completion Date. Noncompliance with either the
First Completion Date or the Second Completion Date will
cause the Letter of Credit or Cash Escrow Deposit to be
called on, unless an extension of time is granted by
city Engineer in his sole and absolute reasonable
discretion.
Developer, through Developer's Registered Professional
Engineer, shall inspect, on a daily basis, the
Developers Improvement during the construction of the
Developer Improvements. The inspection shall be full
time inspection during the construction operation.
Developer shall make reports to City, in such detail and
at such times as may be reasonably requested by city, as
to the progress of Developer with respect to
construction of the Developer's Improvements. Developer
shall allow representatives of City to enter upon the
Property during the construction of the Developer
Improvements to inspect such construction.
Developer shall deliver to the Cit~ Engineer as-built
drawings with service and value t1es on reproducible
mylar together with a written certification from a
Registered civil Engineer that all improvements have
been completed, inspected and tested in accordance with
the approved plans, specifications, drawin~s and related
documents on file with the city Eng1neer within
One-Hundred Twenty (120) days after the completion of
the Developer Improvements.
3. DEVELOPER REPRESENTATIONS.
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
5
Developer, or evidence of indebtedness, agreement or
instrument of whatever nature to which Developer is now
a party or by which they are 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 the Developer Improvements.
Developer represents and warrants that the Developer
Improvements will conform to all laws, regulations and
ordinances of all local" state and federal government
authorities.
4. OVERSIZING
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
$ Zero based upon an estimate as determined by the
City Engl.neer.
Developer shall pay City upon demand the
Oversizing Costs per the schedule outlined in the
Assessment Policy. These rates are as follows:
Trunk
city's
S&W Acreage (Residential)
Trunk storm Sewer (Residential)
(Commercial)
$2,750.00/net acre.
16.8 cents/net sq. ft.
20.3 cents/net sq. ft.
DeveloJ;>er waives any and all claims, assertions, causes
of actl.on, in law or in equity, as to the costs and/or
determination of said oversizing allocated to Developer,
calculations and/or determinations of them, as made by
or on behalf of City or all "oversizing" requirements of
Developer as may be specified and contained in this
Agreement or: attachment:; hereto. The parties acknowledge
and agree that the fees and costs allocated to City and
Developer, as set forth herein and any exhibits hereto,
may be based upon estimated costs made by or on behalf
of city. However, the cost of the oversizing, as
estimated by or on behalf of city, is binding upon City
and Developer.
5. INSURANCE.
On or before the date hereof, Developer and their
contractors shall procure and maintain or cause to be.
maintained during the term hereof, at their sole cost
and expense, the following types of insurance in the
amounts specified and in the form provided for below:
ComJ;>rehensive general pLlblic liability insurance against
clal.ms 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 o~not less than $2,000,000.00 with respect to
death or injury to anyone or more persons and
6
$1,000,000.00 with resp1act to property damage. Insurance
term shall expire at the conclusion of the warranty
period, specified in section 7.
Workers compensation insurance, with statutory coverage.
Such other insurance in such amounts as is customarily
carried by like organiz;ations engaged in like activities
of comparable size and liability exposure.
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's Improvements. Each policy shall contain
a provision that the insurer shall give not less than 30
days advance written notice to City in the event of
cancellation of the policy, non-renewal or changes
affecting the coverage thereunder.
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 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 Subdivision is accepted by the
City. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling
on same and directing attention to detours. If and when
streets become impassable, such streets shall be
barricaded and closed. Developer shall be responsible
for keeping streets within and without the Subdivision
swept clean of dirt and debris that may spill or wash
onto the streets. The Developer shall daily clean
streets of dirt and debris which has resulted from
construction work by the Developer and their agents or
assigns.
7. ACCEPTANCE OF SUBDIVISION AND DEVELOPER IMPROVEMENTS.
City will accept the Subdivision which has been
completed in accordance with the provisions of this
Agreement, the policies and ordinances of city, as the
City has adopted, and all local, state and federal laws
and regulations. Developer shall furnish certificates
7
o
of completion for the completed Subdivision 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 Subdivision by the City Engineer, Developer
must furnish to city a Letter of Credit guaranteeing
satisfactory performance of the Developer Improvements
in an amount equal to 25% of the original cost of the
Developer Improvements wh~ch shall be in force for one
year following acceptance of the Developer Improvements.
In addition, Developer must furnish to the City the
following affidavit:
a. "Registered Professional En<;Jineer's certificate"
certifying that all construct~on has been completed
in accordance with the terms of this contract.
Upon receipt and approval of the
Engineer, the public utilities
accepted by the city.
Developer shall furnish a progress schedule
construction of the Developer Improvements.
for acceptance of the Developer Improvements
made in writing by Developer.
affidavit by
improvements
the city
shall be
for the
Requests
shall be
Warranty Period shall begin effective the date that the
ci ty Engineer accepts" in writing, the Registered
Professional Engineer's Certificate.
8. RELEASE, HOLD HARMLESS.
Developer releases from and covenants and agrees that
city and the governing body members, 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.
9. DEFAULT.
Whenever an Event of Default occurs, City may take any
one or more of the fOllowing actions upon, five days
written notice by the City to the Developer and the
Developer being given a reasonable opportunity to cure;
the length of time as determined solely by the City
Engineer.
a.
City may suspend their performance under
Agreement.
the
8
o
b. City may cancel and rescind this Agreement.
c. City may draw upon any guaranty, the Cash Escrow
Deposit, and/or Letter of Credit provided to city
pursuant to any of the terms of this Agreement
according to their terms.
d. City may take whatever action, including legal or
administrative action, which may appear necessary
or desirable to City to collect any payments due
under this Agreement or to enforce performance and
observance of any obligation, agreement or covenant
of Developer under this Agreement.
e. City may suspend issuance of Building Permits on
Developer's lots.
10. NON-DISCRIMINATION.
The provisions of Minnesota statutes, section 181.59,
and of Chapter 11, Title 1 of the Prior Lake City Code
as may be modified, which relate to civil rights and
discrimination and affirmative action shall be
considered a part of this Agreement as though wholly set
forth herein, and Developer agrees to comply therewith.
11. ASSIGNMENT.
Developer represents and agrees for themselves, their
successors that Developer has not made or created and
that they will not make or create or suffer to be made
or created any total or partial sale, assi~nment,
conveyance or any trust or power to transfer ~n any
other mode or form of or with respect to this Agreement
or in Developer without the prior written approval of
the City.
12. GENERAL.
The terms and provisions hereof shall be binding upon
and inure 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. If there be more than one developer,
references herein to Developer shall mean each and all
of them. This Agreement, at the option of City, shall
be placed of record so as to give notice hereto to
subsequent purchasers and encumbrances of all or any
part of the Subdivision. All recording fees, if any,
shall be paid by the Developer.
9
o
Whenever in this 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 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 address of the parties
are as follows, until changed by notice given as above:
If to City:
City Engineer
city of Prior Lake
4629 Dakota street SE
Prior Lake MN 55372
with a copy to:
If to Developer:
Glenn R. Kessel, Esq.
Lommen, Nelson, Cole & Stageberg P.A.
1800 IDS Center
80th South 8th Street
Minneapolis MN 55402
LeRoy R. Radermacher and
Marilyn F. Radermacher
22406 Aberdeen Avenue
Jordan, MN 55352
Leslie Novak, Esq.
1600 TCF Tower
Minneapolis, MN 55402
Where this Agreement or any provision hereof makes the
time of performance subject to Unavoidable Delay, the
time or times for such performances shall be extended
for the ~eriod of such Unavoidable Delay, provided, that
the part1es seeking the benefit of the provisions of
this section shall, within 5 days after the be9inning of
any such Unavoidable Delay, have first not1fied the
other party thereof in 1N'riting, and of the cause or
causes thereof, and requested an extension for the
period of such delay.
This agreement may be amended by the parties hereto only
by written instrument executed in accordance with the
same ~rocedures and formality followed for the execution
of th1s Agreement.
Failure of either party at any time to require
performance of any provision of this Agreement shall not
affect their 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.
10
c
This Agreement may be si.multaneously executed in several
counterparts, each of which shall be an original and all
of which shall constitute one and the same instrument.
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 an~ obligation or agreement
on the part of Developer here~n contained, Develo~er
agrees that it shall, on demand therefor, pay to c~ty
the reasonable fees of such attorneys and such other
expenses so incurred by City. Developer agrees to hold
harmless, indemnify and defend City and their employees
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, their employees or agents.
IN WITNESS WHEREOF, City and Developer have caused this
Agreement to be duly executed on the day and year first above
written.
\'--
Approved by the city Council on the ).1 day of J""\,\ , 19 q 'l-,.
APP~QVED AS .lO (lORN:
By N:JJ.w.. , \.(. \A"A"
Glenn Kessel
~~~~~~
Tlie~r Mayor
[This Agreement must be signed by all parties having an
interest in the Property.]
11
o
STATE OF MINNESOTA}
} 55:
COUNTY OF SCOTT }
The foregoing instrument was acknowledged before me this 27th day of
July, 1992 by LeRoy R. Radermacher and Marilyn Radermacher:--
STATE OF MINNESOTA }
} ss.
COUNTY OF SCOTT }
On the 2-7& da:( of -s:,L--'-(' , 19f1-, before me, a
Notary Publ~c, w~th and for sa~d county personally appeared Lydia ~A/
Andren and David Ynmaaat, 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
acJa:to~ledged said ~nstrument to be the. free act and d~e/o~ said
mun~c~pal corporat~on. ~ ~
i DOUGLASJ. HARTMAN I L---- <<~~
Ie. NOTARY PUBLIC-MINNESOTA I
,- . . SCOTT COUNIY
I My Corrmlssion Ellplles MAR_ 2. 1995 ,
+ - +
DRAFTED BY:
12
o
~\ - ~
Cv~\
By ,-
Its <p- ty
[This Agreement must be
interest in the Property.]
signed by all parties having an
STATE OF MINNESOTA }
} ss.
COUNTY OF SCOTT }
On the 3 rut day of ~ ' 19U!, before me, a Notary
Public, w1th and for sa1d County personally appeared David
Unmacht, to me personally known, did say that he is the city
Manager, of the city of Prior Lake, a Minnesota municipal
corporation, named in the foregoing instrument; and that said
instrument was si~ned on behalf of the municipal corporation and
acknowledged said 1nstrument to be the free act and deed of said
municipal corporation. L? 17" "
~~t?~
Notary PUblIc .
.
~ BERNICE A. JULKOWSKI
r "i: tIOTARV P\lBUC. MINNESOTA
~ scon COUNTY
\\s, My eamm. E>p. Oc:l. , O. 10S0
13
"RADER"
EXHIBIT A
COST OF DEVELOPER IMPROVEMENTS
RADERMACHERS FIRST ADDITION
ITEM COST
Street $ 27,013.80
Storm Sewer
Public $ 63,430.80
Private $ 16,877.00
Sanitary Sewer $ 31,211.80
watermain $ 42,368.60
TOTAL $180,902.00
Determine Amount of Letter of Credit
$180,902.00 (1.25) =
$226,127.50
Determine Amount of 6% Administration Fee
$180,902.00 (.06) =
$ 10,854.12
Determine Areas for Assessments
Lot 1 Block 1
Outlot A
Outlot B
TOTAL
207,781. 2 sq ft
19,907.9 sq ft
5,202.0 sq ft
232,891.1 Sq Ft
Storm Water Management Fee
232,891.1 (.203) =
$ 47,276.89
Determine Trunk Sanitary Sewer and Watermain Fee
(232,891.1 sq ft) ($2750jAC)j43,560 sq ftjAC $ 14,702.72
IJ .;
r Ie',
Amount of Developer Contribution for
C.S.A.H. 23 Future Construction
$100,000.00
Amount of Developer Credit for
Current Improvements Installed by
Developer to C.S.A.H. 23
$ 27,013.80
The developer contributed $6,500.00
for a transportation study which cost
was reimbursable if the project proceeded.
See November 4, 1991 Council Minutes.
Transportation study
$ 6,500.00
~
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NO.
EXHIBIT B
DATE:
TO: CITY OF PRIOR LAKE
2649 DAKOTA STREET SE
PRIOR LAKE MN 55372
Dear Sir or Madam:
We open Irreovocable Standby Letter of Credit No.
the amount of USD $ AMOUNT (SPELL OUT DOLLAR AMOUNT
USDLRS)
in
00/11
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
orig~nal Letter of Cred~t for endorsement.
SPECIAL CONDITION(S) :
1. Drafts must purportedly be signed by the Mayor or the
City Manager of the City ot 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
Minnesota.
BANK NAME
This credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of
Commerce Publication No. 400.
Unless otherwise stated, all documents are to be forwarded to us
by mail, or hand delivered to our counters.
Documents to be directed to:
BANK NAME & ADDRESS
We hereby engage with drawers and/or bona fide holders that
drafts drawn and negotiated in conformity with the terms of this
credit will be duly honored upon presentation.
BANK NAME
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
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EXHIBIT D
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and city costs for
Radermachers First Addition.
DEVELOPER COSTS
6% Administration Fee $ 10,854.12
Trunk Sanitary Sewer and watennain Fee $ 14,702.72
Stann Water Management Fee $ 47,276.89
TOTAL DEVELOPER COST $ 72,833.73
CITY COST
CITY OWES DEVELOPER
$ 63,430.80
$ 6,500.00
$ 69,930.BO
Stonn Sewer Cost
Transportation Study Reimbursement
9
EXHIBIT E
SPECIAL CONDITIONS
1. The developer will maintain the temporary sedimentation
basins and erosion control until the site construction is
complete and turf is established.
2. The developer agrees that the developer cost to improve
relocated C.S.A.H. 23 is $100,000.00. The cost of the
interim section of C.S.A.H. 23 installed by developer is
$27,013.80. The remaining amount owed by the developer for
future C.S.A.H. 23 construction is $72,986.20. The amount is
due at the time of the completion of the relocated C.S.A.H.
23 or the amount can be assessed against Outlot D
Radermachers First Addition in the amount of $19,800.00 and
against Lot 1 Block 1, Radermachers First Addition in the
amount of $53,186.20. The assessment would be amortized over
a ten year period with interest at the rate utilized for
other assessments associated with the future relocation
project.
The improvements to C.S.A.H. 23 in the future will include
sidewalk, bikeway, lighting, and landscaping.
3. The Developer agrees that the Developer's cost to improve
170th street in conjunction with relocated CSAH 23 is
$20,000.00. The amount is due at the time of completion of
170th street or the amount can be assessed against Lot 1,
Block 1, Radermacher's First Addition. The assessment would
be amortized over a ten year period with interest at the rate
utilized for other assessments associated with the future
relocation project.
The improvements as related to the $20,000.00 assessment
include street only and do not include sidewalk, lighting, or
landscaping. The extent of the improvements are to make the
connection to existing 170th Street only, as part of the CSAH
23 relocation project, and do not extend westerly to T.H. 13.
I~The termination point of the improvement is 134 feet east of
!the west line of Lot 1, Block 1, Radermacher's First
i!Addition. Improvements other than described above shall
stand on their own merits and are subject to the normal
public improvement process.
4. The existing entrance to McDonald's will be relocated to
align with the entrance to the County Market Store. The
alignment will be acceptable to the City Engineer. Outlot A
will be sodded upon relocation of the driveway, and no truck
parking shall be allowed on '~stablished turf.
o