HomeMy WebLinkAbout5C - Dev K Preserve at the Wild
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
NOVEMBER 1, 2004
5C
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING EXECUTION OF
THE CITY'S STANDARD DEVELOPMENT CONTRACT FOR PRESERVE AT
THE WILDS
AGENDA ITEM:
DISCUSSION:
HIstorv: On June 5, 1995, the City Council adopted Resolution 95.48 approving
the final plat for Preserve at The Wilds, located east of Wilds Parkway and north
of Wilds Trail. The final plat was recorded but the public improvements were
never completed.
Current Circumstances: Shamrock Development is selling the property to
Wensmann Homes for development. There will be no change in the number of
lots or the lot arrangement, but the public improvements must be done. In order
to do so, Wensmann and the City must enter into a Development Contract with
surety for the installation of utilities and streets and the satisfactory completion of
all preliminary plat conditions.
The Issues: The Development Contract specifies the required improvements for
this plat. The Contract requires a letter of credit, and fees for Contract
Administration and Construction Observation. All other development fees were
paid in 1995.
Conclusion: The Development Contract will be delivered to the City Council
prior to the meeting on Monday. Staff will be available to discuss the details of
the Development Contract with the City Council.
FISCAL IMPACT:
Budaet ImDact: Approval of this Development Contract will aliow construction of
the public improvements in The Preserve at The Wilds, which will then allow
construction of new homes.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt the resolution approving the Development Contract for Preserve at The
Wilds.
2. Deny the resolution approving the final plat.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
Staff recommends Alternative #1. This requires the following motion:
1:104 filesl04 subdivisionsl04 final platlpreserve at the W~~iorlake.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
1. A motion and second to adopt a resolution approving the Development
Contract for Preserv at The Wilds and authorizing the Mayor and City
anager to si n th Development Contract.
REVIEWED BY:
1:\04 Illes\04 subdivisions\04 final plat\preserve at the wilds\cc report.doc
Page 2
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 04-XX
APPROVING THE DEVELOPMENT CONTRACT FOR "THE PRESERVE AT THE WILDS"
MOTION BY:
SECOND BY:
WHEREAS:
On June 5, 1995, the City Council approved the final plat known as The Preserve at The Wilds, subject
to conditions identified by Resolution 95-48; and
WHEREAS:
The required public improvements for this plat were never completed; and
WHEREAS:
Wensmann Homes desires to install the necessary improvements at this time.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA,
that it should and hereby does require the following conditions to be met, prior to release of, and recording of said plat:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The final plat of "Preserve at The Wilds" is approved subject to the conditions set forth Resolution 95-48.
3. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of the City.
Passed and adopted this 1st day of November, 2004.
YES NO
Hauaen Haunen
Blombera Blombera
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
c:\dacuments and settings\kellym\local settings\tempora~~iIll.~~.dac
Page 1
Phone 952.447.4230 / Fax 952.447.4245
DEVELOPMENT CONTRACT
PRESERVE AT THE WILDS
PROJECT #95-36
This DEVELOPMENT CONTRACT is entered into this 1 st day of November, 2004, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Wensmann
Homes, a Minnesota Corporation (the "Developer"). 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. FINAL PlAT APPROVAL. The City approved a Plat for Preserve at The Wilds (referred
to in this Development Contract as the "Plat") on June 5, 1995. The land is legally described as: [OR}
shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OF PLAT APPROVAL. The City approved the Plat subject to the
conditions listed in Resolution 95-48. Prior Lake Development Limited Partnership entered into a
Development Contract with the City on June 5, 1995, to complete the Developer Improvements in Preserve
at The Wilds, but never completed the improvements.
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 1
3. APPROVAL OF DEVELOPMENT CONTRACT. Wensmann Homes is requesting
permission to complete the required improvements in the Plat at this time. The City has granted this
permission on condition that the Developer enter into this Development Contract, furnish the Security
required by it, and record the Development Contract with the County Recorder or Registrar of Titles within
90 days after the City Council approves the Development Contract.
4. RIGHT TO PROCEED. Within the Plat, 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: I) 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. 95-47, dated June 5, 1995, approving the Preliminary Plat for
Preserve at The Wilds.
5. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. 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 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 Grading, Development, and Erosion Control Plan(s) Dated September
28, 2004 (Prepared by Pioneer Engineering)
Plan B --
One set of Plans and Specifications for Developer Installed Improvements
Dated September 28, 2004 (Prepared by Pioneer Engineering)
All plans set forth above are incorporated herein and made part of this Development Contract.
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 2
6. DEVELOPER INSTAT,U?n TMPROVEMENTS. 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
1. Traffic Control Signs
J. Street Signs
K. Setting of Iron Monuments
L. Sidewalks and Trails
M. Landscaping
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. Before the Security for the completion of
utilities is released, iron monuments must be installed in accordance with Minn. Stat. S505.02. The
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 3
Developer's surveyor shall submit a written notice to the City certifying that the monuments have been
installed.
7. 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 servic"s 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.
C. As-built location dimensions for sanitary sewer, watermain and storm sewer
facilities.
8. 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. (Tie
dimensions to sewer and water services from City staff or City consultants.)
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Inlprovements 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 comers and monuments.
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 4
9. 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
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request ofthe City Engineer, the Developer shall remove the silt fences after turf establishment.
10.
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.
11.
TIME OF PERFORMANCE.
The Developer shall install all required public
improvements by August 1, 2005, with the exception of the final wear course of asphalt on streets. The
final wear course on streets shall be installed the first summer after the base layer of asphalt has been in
place for one freeze thaw cycle. 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.
12. 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.
13. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose,
at no cost to the City, additional erosion control requirements if they are necessary to meet erosion
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 5
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 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 30 shall
not apply to notifications to the Developer under this paragraph.
14. 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
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 ofreceipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs. The notice provisions set out in Paragraph 30 shall not apply to notifications to the Developer under
this paragraph.
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 6
15. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control plan(s), (Plan A). The plans and 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 constmcted 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 comers 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.
16. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon completion
of the Developer Installed Improvements required by this Development Contract and final written
acceptance by the City Engineer, the improvements lying within public right-of-way and easements shall
become City property without further notice or action.
17. STREET MAINTENANCE. Developer shall be responsible for all street maintenance
until final written acceptance by the City of the Developer Installed Improvements. 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.
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 7
18. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Wilds Trail. No construction traffic is permitted
on the adjacent local streets.
19. lMPROVEMENTS REOU1RED BEFORE lSSUANCE OF BU1LD1NG PERM1TS.
A. Grading, curbing, and one lift of bitwninous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. If building
permits are issued prior to the acceptance of Developer Installed Improvements, the Developer asswnes all
liability and costs resulting in delays in completion ofthe Developer Installed Improvements and damage to
Developer Installed Improvements caused by the City, or its agents or contractors, the Developer, its
contractors, subcontractors, material men, employees, agents or third parties.
B. A 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 ofbitwninous has been placed and said improvements have been inspected and determined
by the City to be available for use.
20. CITY ADM1N1STRA TlON. 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, and processing of requests for reduction in security. Fees for this service shall be four
percent (4%) of the estimated construction cost as detailed in Exhibit E, less oversizing costs outlined in
Exhibit D, Section A, asswning normal construction and project scheduling.
]:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27104
Page 8
21. REIMBURSEMENT OF CITY ADMINISTRA TION FEES. Once the City approves the
construction costs or estimates for the Developer Installed Improvements there will not be any
reimbursement to the City by the Developer or to the Developer by the City for City Administration fees.
22. 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 and
City legal expenses. The Developer shall deposit an amount equal to five percent (5%) of the estimated
construction cost, less oversizing costs outlined in Exhibit D, Section A, 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.
Extraordinary costs incurred by the City over and above the five percent (5%) Construction Observation fee
shall be billed to the Developer. Extraordinary costs are defined as costs resulting from change orders
applied to the project and costs incurred as a result of unknown conditions at the time of design.
23. 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 $231,195.00. The amount of the Security
was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer
$
49,843.00
Watermain
$
40,690.00
Storm Sewer
$
39,277.00
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 9
Streets/Sidewalks/Trails
$
44,696.00
Erosion Control
$
10,450.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
184,956.00
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
231,195.00
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 Security shall be for a term ending December 31, 2005.
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 hnprovements 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.
24. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of $16,646.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%)
$
7,398.00
City Construction Observation (5%)
$
9,248.00
TOTAL CITY DEVELOPMENT FEES
$
16,646.00
25. 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
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27104
Page 10
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.
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.
26. 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 warranty period for streets is one year. The warranty period for underground utilities is two years. The
warranty period on Developer Installed Improvements shall commence on the date the City Engineer issues
written acceptance of the improvement. The Developer shall post warranty bonds as security. The City
shall retain twenty-five percent (25%) of the Security posted by the Developer until the City Engineer
accepts the Developer Installed Improvements and the warranty bonds are furnished to the City. 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 identity the procedures for [mal acceptance of streets and
utilities. These standards are set out in the Public Works Design Manual.
27. 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
10/27104
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, 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 the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the
City from any further proceedings as it pertains to the 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 1 Y, 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. (See Minn. Stat. 9471.425, Subd. 4a.)
28. 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 13 and 14 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.
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 12
29. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, anyone or more of the following events: (I) failure by the Developer to pay,
in a timely manner, all real estate property taxes 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; (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) failme 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) 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 30 of
this Development Contract, may take anyone 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.
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
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 13
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, in this Plat.
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.
8. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1-7 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None ofthe actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
30. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 13 and 14, 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.
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:
Wensmann Homes, 1895 Plaza Drive, Suite 200, Eagan, MN, 55122. 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, 16200 Eagle Creek Avenue, Prior
Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City, Notice(s) shall be served
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page ]4
upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan Sipkins & Johnson, Pillsbury
Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
31. INDEMNIFICATlON. Developer shall indemnifY, defend, and hold the City, its Conncil,
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 ofthese individuals.
32. 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 31 shall apply to said actions.
33. INSURANCE REOl1IREMENTS. 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 ,ill additional insured on the policy, and the Developer
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 15
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 of the cancellation of the
msurance. The Certificate shall be in the form attached hereto as Exhibit C.
34. 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 ninety (90) 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 hannless for any
breach of the foregoing covenants.
35. SPECIAL PROVISIONS. The following special proVISIOns shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the fmal
Plat.
B. 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.
36. 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
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 16
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat 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. The Developer may not 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.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
]:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27104
Page 17
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 , 20~,
by Jack G. Haugen, 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
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 18
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners 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 ofthe subject property owned by them.
Dated this _ day of
,20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
] 0/27/04
Page 19
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
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
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
]:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 20
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by
the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
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
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 21
EXHIBIT II A II
.
Ii
"
.
-
i
1 .
~ I
i I J
,
. ! j I
I 1 j i
1 .
f l- I . 1 I
. J I I
I .
I I I,
.. I I I ~)
~ .
I' J , I
. J i .
11 ! . J'
if I!J I I 'l
i I
n ~ 1 I'-!
! f! ! i . J · f I
CI:l II f~ i 0 qj II
~ Lj
Ii; :l" i J · J
i .. i I ~ .-
.,
~
e-.;
e-.
~
~
~ I 11 ~t J . I J I ~llit
~ II I ~: II t~ i il I I quI!
~ if J fi .ilt J
J_~.~ Iii I
~ J ;! ii Ii !J . i ')11. !;
II I 'I r"{ f p n I bJ~!!" 11
Wilt iil ~
~ 'q ,!!L I
!JI, i~ ,pLi I
,pl
tif f I,}i I I i' j I j , 1I,li
Ii 'J III I f t f · *~J~
lih h~ 1 !l~ t i I I , lil1ll . ~
If r t r .' f.} I I~ I { !:If~t
! . It oj t' t4 i
l' 1 .1' I 1 I I I J ) ~~f
ilj :: dll ,n) i !J
." fJ ' fl~ MiJ
itt I I'll ~i!Ji J !iJ d ,jJt ,.1 ~f:, II
.
EXHIBIT II A II /~} i.1 ~
I 'I -
/.1 5", l:I
___ _ _ _ _ .-J ~' ( ill ;
/t-.......... ~__~~n ---- \,
1:'r/i. ------2 .;:........Ln~U:L.. ~::~
.~ ,,(j~"""" ___________ _~R\
---r-, ,\~
. ~ / \1
" ,
It
a"
i
/
/
/
I
I
:t.
. . . if
i' I. ' . '\
, , ...~ I.....
~ \ 41\ \-"'l }
, \ :7 -, S
.' \ J
..' .." I
5 "
.' ,
Ii.".'l~
,
"
.'
tIJ
~
~
e-.;
~
~
~
~
~
/!!
I:t
~
,.
--;>~i
ill
~
Ii
...
a
.,
.,
...
I:t
~
tI
,;t't
>
..' ~
0' =
,- J ~
,- ~toI ~
,- a. ;
:0 .~ is
0 ~i
1Il ft. .~
',J "' i u 2~ -iiI "
=. i"- i;:~i
l- ...
0 I =; i"
;::! e' '.~ )'11 :l
=> , ~ ~. Si; j" .
0 ;~ ~~i l~i' II
Q J hi 1 ~li'!!
:: i" i~' .IHtti
, ;~ . .i .~
."
, -,
,~ J I
i! !
co Iii; I
H' ~*
di slI
----
/
~
1
i
.
I
i
.
i
I
5
;
;
.1
I
I
I
.~ '.
. .
. .
..'
v
i
I
~.
r
t
I
~
~
lII:::
~
e-.;
e-.
~
~
~
~
~
-
EXHIBIT II A II
---
-
,
"7 / ~8.:.
--
--------
--
--
SC"l, '4
II",
.-,
'-'
<(
-!
<(
I-
W
o
! I
"
I ,
, ,.
.. I"'.
I \5
. '
! '
\
,'>
'.
0
..
."
.--_!!'!!_U_ \
,- ,.
-~--- _-". I'
: 0 : f'li --'
, , I.
, , }. 0
, -.....I,., 1 ,,\
" I .'l',
" j "\ j
; QJ j..o-' !,
, :> , I
, 1.. :
, _!!~-:::.:.~ __l. ~
,
.
- --V,-u;;, I
,
,
,
"
\1
,
,
,
N
..~.....
o
- ~-
,
"-
,
;
r
-
~joi
a.
,,~
~l
..
I ~I
I'
=;
I II
~ eO
~ .1
i I"
- .S
-!,itl
rn-n-T-n-nl ~
I -~:' i, _ i ~
, ..\ '.~'. , ~
i -., I' ~^___ ' ~
;-___n_'____ ~
I I..r. : ~
: ~:- : ~- - I ~
. ~---~::_~! _:'~^ : :~!
j "', ' I i ~g
, I. ~ :'"'~. . :...
' .' 1 ~ =
I '_nJ .
;-1 ------T-n I.
'''''L. : ....L- j:(
i -~:- 1 -':'- d
Ln_n_L_____J ~
. .
~
""'~i5
~ .
w
.
i
! J
h !
J': .. I
iU ~i
llIslI
.
.
!
.
. -
. .
. -
-.-
!. t:.
"j"; -
:'iJ~'
,h
Ii.. =1
1.;11, II
=11., · ~J!
;)~~;
.!~hEl
---_.-._---~~--.,-_...,-----,_.,-_.
.
i
EXHIBIT II All
\f)
tI)
~
Ill::::
ta
e..;;
e-.
~
~
~
~
~
~
r-- .. T-u---l::
i ~I.. i i ~
: ~"lr_ :,.ol.,:._ , '"'
I . I ~ ,~
f-..-..-+----..1 !
I ~ I , ~
, 1 ,.a, 'fro
i "",. i "'-;. I hvi
. .-, ........: ~~ ...
~.._..-~. .. Ii
, ~~'
i ~.: I i III
: ~"lr. :""/, ,
I . I'~ '~
f----,,~,:,---_u1 !
! ~'. !~. : ~
, I. '.' I'
I .*. I . .t. ,
, .', '.......: i!
L.._u_.L_u_..J ~
.
.
~
7~~
i!i
~ I
~
...........
......
,
\
\
I
I
I
I
I
I
I
I
I
I
I!!
i:f
~
..
~
'"
....
i:f
~
t!
~
~
(}
'"
~
,/
"
/
~
l
" D
~~ !;
.~
~i
.. .~
i '1 h ,
'ji j S
~~ r- :i~'
..
. l; I" Ij~:. ,I
~ 5~ '.1
~ ~. ~h l'l i'
'i l~i .i-' !
; HliZ~
~ r. lOA
I" i~'
. .i .:1 ll!im
, I
,I i
I! !
l1j ;;1
H' ~~
'l~ g..
. i Hi
~
I
.(
I
I
.
. .
. .
. .
..'
EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name of Develooer) 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 banlc
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
, dated
, 20_, of
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 November 30, 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 November 30 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,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
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. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
]:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27104
Page 26
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insnrance 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
]:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27/04
Page 27
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed OperationslProducts: 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:
Insnrance Company:
(X) Any Auto
LIMITS: [Minimnm]
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 TillS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
]:\04 files\04 subdivisions\04 final plat\preserve at the wilds\development contract.doc
10/27104
Page 28
10/05/2004 11: 02 5515819488 PI DrIEEP ErlG PAGE 02/04
ENGJNEERS ESTIMATE EXHIBIT
FOR "0"
THE PRESERVE AT THE WILDS
IN
PRIOR LAKE, MlNNESOT A
August 19,2004
Section A - Grading & Erosion Control
2900 L.F. Erosion Control Fence Installed @ $2.50 /L.F. = $ 7,250.00
2231 C.Y. Common Excavation @ $2.00 iCY. = $ 4,462.00
4000 C.Y. Import - Includes Sand section ;11 Street @ $8.00 ICY. = $ 32,000.00
2.20 Acres Seed & Mulch @ $1,000.00 iAcre = $ 2,200.00
700 c.Y. Topsoil Respread @ $2.00 iC.Y. $ 1,400.00
2.90 Acres Clear & Grub @ $2,500.00IAcre = $ 7,250.00
I Each Gravcl Constructed Entrance @ $1,000.00 iEach = $ 1,000.00
Section A - Grading Total $ 55,562.00
Section B - Sanitary Sewer
241 L.F. 8" PVC SDR 3510-12' Depth @ $20.00 /L.F. = $ 4,820,00
41 L.F. 8" PVC SDR 35 12-14' Depth @ $21.00 iL.F. = $ 861.00
23 1.F. 8" PVC SDR 3514-16' Depth @ $22.00 /L.F. = $ 506.00
35 L.F. 8" PVC SDR 26 12-14' Depth @ $23.00 /L.P. = $ 805.00
23 L.F. 8" PVC SDR 26 14-16' Depth @ $24.00 /L.F. = $ 552.00
45 1.F. 8" PVC SDR 2616-18' Depth @ $25.00 iL.F. = $ 1,125.00
42 L.f. 8" pve SDR 26 18-20' Depth @ $30.00 /L.F. = $ 1,260.00
56 L.F. 8" pve SDR 2620-22' Depth @ S35.00 /L.F. = $ 1,960.00
60 1.F. 8" PVe SDR 26 22-24' Depth @ $40.00 /L.F. = $ 2,400.00
142 1.F. 8" PVCSDR 2624-26' Depth @ $45.00 /L.F. = $ 6,390.00
6 Each Sanitary Sewer MH 10' Depth @ $1,750.00 lEach = $ 10,500.00
42.47 V.F. Sanitary MH Extra Depth @ $150.00 N.F. = $ 6,3 70.50
9 Each 8" x 4" PVC WYE @ $100.00 lEach $ 900.00
290 1.F. 4" pVC SDR 26 Service Pipe @ S15.00 IL.F. = $ 4,350.00
28 V.F. 4" PVC SDR 26 Service Riser @ $50.00 N.F, = $ ] ,400.00
100 C.Y. Granular Foundation @ $10.00 ICY. = $ 1,000.00
I Each Connect to Existing @ $4,000.00 lEach = $ 4,000.00
I 1.5. Sewer Test @ $500.00 11.S. = $ 500.00
36 S.F. 2" Rigid Insulation @ $4.00 is.F. = $ 144.00
Section B - Sanitary Sewer Total $ 49,843.50
Section C - Watermain
440 L.F. 8" D.LP. C1. 52 @ $25.00 /L.F. $ 11,000.00
370 L.P. 6" D.I.P. CI. 52 @ $22.00 IL.F. = $ 8,140.00
1000 Lbs. D.l. Finings @ $1.00 iLbs. = $ 1,000.00
1 Each 6" Gate Valve & Box @ $800.00 lEach = $ 800.00
2 Each 8" Gate Valve & Box @ $1,200.00 lEach = $ 2,400.00
2 Each Fire Hydrant @ $2,500.00 lEach = $ 5,000.00
9 Each 1" xl" Corporation Stop @ $100.00 lEach = $ 900.00
18/85/2884 11: 82 5515819488 P IOHEER EHG PAGE 83/84
Section C - Watermain Continued EXHIBIT "0"
, Each 1" Curb Stop & Box @ $150.00 lEach = $ 1,350.00
350 L.F. 1" Copper Service Pipe Type K @ $16.00/L.F. = $ 5,600.00
2 Each Connect to Existing @ $1,500.00 lEach = $ 3,000.00
100 c.y GTanalar Foundation @ $10.00 Ic.y. $ 1,000.00
1 L.S. Water Test @ $500.00 IL.S. = $ 500.00
Section C - Watermain Total $ 40,690.00
Section D - Storm Sewer
112L.F 12" RCP Cl. 5 0-10' Depth @ $25.00 fl..F. = $ 2,800.00
105 L.F. 18" RCP Cl. 5 0-10' Depth @ $30.00 fl..F. = $ 3,150.00
25 L.F. 18" RCP Cl. 5 10-12' Depth @ $30.00 fl..F. = $ 750.00
55 L.F. 18" RCP Cl. 514-16' Depth @ $30.00 /L.F. = $ 1,650.00
30 L.F. 18" RCP Cl. 514-16' Depth @ $30.00 /L.F. = $ 900.00
45 L.F. 18" RCP Cl. 516-18' Depth @ $35.00 /L.F. = $ 1,575.00
30 L.F. 18" RCP Cl. 5 18-20' Depth @ $40.00 IL.F. = $ 1,200.00
44 L.F. 18" RCP Cl. 5 20-22' Depth @ $42.00 /L.F. = $ 1,848.00
120 L.F. 18" RCP Cl. 5 22-24' Depth @ $45.00 IL.F. = $ 5,400.00
40 L.F. 18" RCP Cl. 5 24-26' Depth @ $50.00 IL.F. = $ 2,000.00
4 Each 48" Dia. Manhole 0-10 Depth @ $1,500.00 lEach = $ 6,000.00
1 Each 27" Dia. Catch Basin @ $1,750.00 lEach = $ 1,750.00
2 Each 48" Dia. C.B.M.H. 0-10' Depth @ $2,000.00 lEach = $ 4,000.00
200 CY. Pipe Bedding @ S 10.00 ICY. = $ 2,000.00
28.36 Y.F. Extra Dcpth Manhole @ $150.00 N.F. = $ 4,254.00
Section D - Storm Sewer Total $ 39,277.00
Section E - Street Construction
2000 S.Y. Subgradc Preparation @ $1.00 IS.Y. = $ 2,000.00
625 Tons Aggregate Base Cl. 5 @ $10.00 !Tons = $ 6,250.00
(100% Crushcd) MnDot 3138
300 Tons Bituminous Base MnDot 2331 @ $40.00 !Tons = $ 12,000.00
90 Gallons Tack Coat MnDot 2357 @ $2.50 IGal. = $ 225.00
156 Tons Bituminous Wear MuDot 2341 @ $35.00 lIons = $ 5,460.00
905 L.F. B-612 Concrctc Curb & Gutter @ $12.00.fl..F. = $ 10,860.00
1 L.S. Backfill Curb & Gutter (Restorc @ $3,500.00 /L.S. = $ 3,500.00
Blvd., Seed & Mulch, Signage)
305 S.V. Sod Behind Back of Curb @ $3.25 IS.V. = $ 991.25
(2 Rolls Behind Back of Curb)
2 Each Adjust Catch Basin Casting @ $300.00 lEach = $ 600.00
3 Each Adjust Gate Valve @ $250.00 lEach = $ 750.00
5 Each Adjust Manhole Casting @ $300.00 lEach = $ 1,500.00
70 L.F. Sawcut Bituminous Pavcment @ $8.00/L.F. = $ 560.00
Section E - Street Construction $ 44,696_25
10/05/2004 11:02
EXHIBIT "0"
6515819488 PIDt1EER ENG
Section A - Grading Total
Section B - Sanitary Sewer Total
Section C - Watermain Total
Section D - Storm Sewer Total
Section E - Street Construction
TOT AL PROJECT
\\P,r~l\~"Cll)'tln~PI\)jeel~ M~in\J>mJe.:!t~\11l~ r I DIlOO/l. I r1d~!l)\ \O~10' Joterll')"o,e ~I lh: Wild~
$
$
$
$
$
PAGE 04/04
55,562.00
49,843.50
40,690.00
39,277.00
44,696.25
$
230,068.75