HomeMy WebLinkAbout5H - Wilds RidgeCITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
APRIL 18, 2005
5H
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND AUTHORIZING EXECUTION OF THE CITY'S STANDARD
DEVELOPMENT CONTRACT FOR THE WILDS RIDGE
History: On May 3, 2004, the City Council adopted Resolution 04-84
approving the preliminary plat for The Wilds Ridge. The preliminary plat
consisted of 51.04 acres to be subdivided into 63 lots for single family
dwellings.
The final plat to be known as The Wilds Ridge includes all of the preliminary
plat area. This final plat creates 57 lots for single family dwellings and 3
outlots. Outlot A is a wetland; Outlot B is to be included in the Jeffers Pond
development; Outlot C is intended for future single family lots. The plat also
includes a 33,901 square foot Park located on the west side of the plat,
adjacent to Haas Lake.
Current Circumstances: The principal requirements for final plat approval
include a signed Development Contract with surety for the installation of
utilities and streets and the satisfactory completion of all preliminary plat
conditions.
Staff has reviewed the final plat and finds it to be in substantial compliance
with the approved preliminary plat. There are still some issues that must be
resolved before the City will sign and release the final plat. These include:
The access to the stormwater pond must be addressed. The current
plans identify the access via the golf course trail.
· The name of Jeffers Parkway in this plat must be changed. This will
also depend on the street names in the Jeffers Pond development.
· There are existing easements located within this plat that must be
vacated. The developer has filed a petition to vacate these
easements'. The final plat cannot be recorded until the vacation is
complete.
· The construction of the utilities within this plat depends on the
construction of utilities within Jeffers Pond. Before the City will
release this final plat, the final plat application for Jeffers Pond must
be submitted and approved.
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Phone 952.447.4230 / Fax 952.447.4245
THE ISSUES:
CONCLUSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
The major issue pertaining to this plat is the timing of the improvements.
Because the utility extensions will be made from Jeffers Pond, construction of
utilities in this plat cannot begin until the locations of the utilities in Jeffers
Pond have been confirmed. The staff feels the final plat for Wilds Ridge can
be approved at this time; however, we will not release the final plat documents
until the utility plans for Jeffers Pond have been reviewed and approved, and
the issues identified above have been completed.
The Development Contract specifies the required improvements for this plat.
Trunk sewer, watermain and storm sewer area charges are outlined in the
Contract. The development is also subject to a CSAH 83 escrow charge,
based on the original agreement for The Wilds. The parkland dedication
requirements for this plat will be satisfied in part by a land dedication and in
part by a cash dedication. The cash dedication is based on the difference
between the park area originally proposed for this specific area in The Wilds,
and the new park area to be developed. The new park area will actually be
located within the Jeffers Pond development.
A copy of the Development Contract is attached to this report. Staff will be
available to discuss the details of this Contract with the Council. The
Developer has reviewed the contract and has no issues.
Budget Impact: Approval of this final plat will allow construction of new
dwellings, which will contribute to the City's tax base. The required
development fees are deposited into the appropriate City accounts.
The City Council has three alternatives:
1. Adopt the resolution approving the final plat and Development Contract for
The Wilds Ridge.
2. Deny the resolution approving the final plat.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1. This requires the following motion:
1. A motion and second to adopt a resolution approving the final plat and
Development Conjract for The Wilds Ridge and authorizing the Mayor
City gn the Development Contract.
Frank Bol anager
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 105-XX
APPROVING THE FINAL PLAT OF "THE WILDS RIDGE"
AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY:
SECOND BY:
WHEREAS:
on May 3, 2004, the City Council approved the preliminary plat known as The Wilds Ridge,
subject to conditions identified by Resolution 04-84; and
WHEREAS:
The City Council has found that the final plat of "The Wilds Ridge" is in substantial compliance
with the approved preliminary plat for Deerfield; and
WHEREAS: The City Council has approved the final plat of "The Wilds Ridge Addition."
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 "The Wilds Ridge" is approved subject to the conditions set forth in this resolution.
3. The final plat of "The Wilds Ridge" is subject to the following conditions, which shall be met prior to release of
and recording of the final plat:
a. A current title opinion or commitment of title insurance must be submitted acceptable to the City Attorney.
b. Payment of all fees prior to release of the final plat mylars.
c. Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one reduction at no
scale which fits onto an 81/2" x 11" sheet of paper.
d. Four mylar sets of the final plat with all required signatures must be submitted.
e. The developer must provide financial security, acceptable to the City Engineer prior to release of the final
plat mylars.
f. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of
final plat approval. Failure to record the documents by July 18, 2005, will render the final plat null and void.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of the City.
Passed and adopted this 18th day of April, 2005.
YES NO
Hau~]en Hau~len
Fleming Flemin~l
LeUair LeUair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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Phone 952.447.4230 / Fax 952.447.4245
LOCATION MAP FOR
THE WILDS RIDGE
N
DEVELOPMENT CONTRACT
THE WILDS RIDGE
PROJECT #04-36
This DEVELOPMENT CONTRACT is entered into this 18th day of April, 2005, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Shamrock
Development, Inc., 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:
.
REQUEST FOR PLATAPPROVAL. The Developer has asked the City to approve a Plat
for The Wilds Ridge (referred to in this Development Contract as the "Plat"). The land is legally described
as;
Outlots D, E and F, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
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Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
,
City Council approves the final Plat.
3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply
to grading or other approvals set forth in Resolution No. 04-84, dated May 3, 2004, approving the
Preliminary Plat for The Wilds Ridge.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution approving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not proceed until the City approves
Development Contracts for such phases. Fees and charges collected by the City in connection with
infrastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Plat that are designated in an approved Preliminary Plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (1) year to subdivide the property into lots and blocks.
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6. 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 --
Plan B --
Final Plat Dated February 28, 2005 (Prepared by Pioneer Engineering)
Final Grading, Development, and Erosion Control Plan(s) Dated May 17,
2004 (Prepared by Pioneer Engineering)
Plan C --
Tree Preservation and Replacement Plans Dated March 2, 2005 (Prepared
by Pioneer Engineering)
Plan D -- Landscaping Plan Dated March 2, 2005 (Prepared by Pioneer Engineering)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements as
stamped approved by City Engineer (Prepared by Pioneer Engineering )
Plan F --
Street Lighting Plan Dated as stamped approved by City Engineer (Prepared
by Pioneer Engineering)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading and Ponding
H. Underground Utilities
I. Traffic Control Signs
J. Street Signs
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Ko
Setting of Iron Monuments
Sidewalks and Trails
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 preconstmction 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. §505.02. The
Developer's surveyor shall submit a written notice to the City certifying that the monuments have been
installed.
8. CONSTRUCTION OBSERVATION, The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance
with the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
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C. As-built location dimensions for sanitary sewer, watermain and storm sewer
facilities.
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES, The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (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 Improvements were completed in compliance with the
approved final plans and specifications. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine if
additional testing is necessary. The cost of additional testing is to be paid by the Developer.
E. Lot comers and monuments.
10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment.
11. SUBDIVISION MONUMENTS. The Developer shall install all subdivision
monumentation within one (1) year fi'om 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
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first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
12. TIME OF PERFORMANCE. The Developer shall install all required publ!c
improvements by December 31, 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.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
14. EROSION CONTROL. 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
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
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shall fully reimburse the City for any cost incurred within ten (10) days of the date of the City's invoice.
If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10)
days, the City may, without further notice to the Developer, draw down the Irrevocable Letter of Credit
to pay any costs. No development, utility or street construction will be allowed unless the Plat is in full
compliance with the erosion control requirements. The notice provisions set out in Paragraph 41 shall
not apply to notifications to the Developer under this paragraph.
15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs. The notice provisions set out in Paragraph 41 shall not apply to notifications to the Developer under
this paragraph.
16. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control plan(s), (Plan B). 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 constructed on public easements or land owned by the City.
The as built plan shall include field verified elevations of the following:
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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.
17. 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.
18. 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.
19. CONSTRUCTION ACCESS, Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Wilds Ridge via CR 83 and Wilds Parkway
(north of Wilds Ridge). No construction traffic is permitted on the adjacent local streets.
20.
IMPROVEMENTS REOUIRED BEFORE ISSUANCE OF BUILDING PERMIT.g,
A. Grading, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. If building
permits are issued prior to the acceptance of Developer Installed Improvements, the Developer assumes all
liability and costs resulting in delays in completion of the 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.
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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 of bituminous has been placed and said improvements have been inspected and determined
by the City to be available for use.
21. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and
its engineer on the status of or problems regarding the development of the Plat, project monitoring during
the warranty period, 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, assuming normal construction and project scheduling.
22. REIMBURSEMENT OF CITY ADMINISTRATION 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.
23. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction 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
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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.
24. STORM WATER TRUNK CHARGE, The Developer shall pay a storm water trunk charge
of $94,079.00 prior to the City signing the final Plat. The amount was calculated as follows: 33.72 acres at
$2,790.00 per acre (R-I, R-2) or $4,600.00 per acre (R-3, R-4) or $5,780.00 per acre (commercial and
industrial). This calculation was determined by the Trunk Storm Sewer Fee Determination Study adopted
by City Council Resolution #05-18 on January 18, 2005.
25. TRUNK WATER ACREAGE CHARGES. A trunk water acreage charge of $185,460.00
shall be paid by the Developer for watermain trunk improvements prior to the City signing the final Plat.
The amount was calculated as follows: 33.72 acres at $5,500.00 per acre. This calculation was determined
by the Trunk Storm Sewer Fee Determination Study adopted by City Council Resolution #05-7 on January
3, 2005.
26. TRUNK SEWER A CREA GE CHARGES. A trunk sewer acreage charge of $102,509.00
shall be paid by the Developer for sanitary sewer trunk improvements prior to the City signing the final
Plat. The amount was calculated as follows: 33.72 acres at $3,040.00 per acre. This calculation was
determined by the Trunk Storm Sewer Fee Determination Study adopted by City Council Resolution #05-
18 on January 18, 2005.
27. STREET OVERSIZE ACREAGE CHARGE. This Plat is exempt from the Street
Oversize Acreage Charge because the Developer has assumed all financial responsibility for the
construction of Wilds Parkway, which serves as a collector street for The Wilds PUD Developmem.
28. CSAH 83 ESCROW. According to the original agreement for The Wilds, the Developer
shall be responsible for a portion of the cost of constructing CSAH 83. A charge of $65,320.00 shall be
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paid by the Developer prior to the City signing the final Plat. The CSAH 83 escrow was prorated over the
remaining acreage to meet the remaining balance of the original $325,000.00 obligation.
29 PARK AND TRAIL DEDICATION. The parkland dedication requirement for the Plat is
based on the difference between the amounts of parkland originally identified in The Wilds PUD for the
area (12.18 acres) less the amount to be dedicated as part of this plat (9.6 acres). The Developer has agreed
to make a cash dedication in lieu of land for the 2.58 acre difference. This difference is equal to 21.18
percent of the original land dedication; 21.18% of 57 lots is equal to 12 lots. in This Development Contract
requires the Developer to pay a Park and Trail Dedication Fee of $45,000 prior to the City signing the final
Plat. The amount was calculated as follows: 12 units at $3,750.00 per unit. This calculation was
determined by the Fee Determination Study adopted by City Council Resolution #05-18 on January 18,
2005. The fee shall be paid prior to the City signing the final Plat.
30. STREET LIGHTS AND OPERATIONAL COSTS. The Developer is responsible for the
installation of the street lighting. The Developer.shall pay the full capital cost of every light to be installed;
this includes poles, fixtures, underground wiring, and all appurtenant work. The Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the
City Engineer and in accordance with the Public Works Design Manual.
31. LANDSCAPING. In accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two
(2) front yard trees on every lot in the Plat that does not already meet this requirement at the time of the
building permit. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of every structure on every lot prior to the issuance of the final certificate of occupancy. If this section
is to be satisfied by existing trees, a tree protection security ("escrowed funds") may also be required. If the
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required landscaping is not installed, the City is granted a license to enter upon a lot and install the
landscaping using the escrowed funds deposited by the builder at the time the building permit was issued.
Upon satisfactory completion of the landscaping, the escrowed funds less any draw made by the City, shall
be retumed to the person who deposited the funds with the City.
32. TREE PRESERVATIONAND REPLACEMENT. Subject to approved Plan C, and to the
provisions of Section 1107.21 O0 of the City Zoning Ordinance, no tree replacement is required as part of
this Plat.
33. SECURITY. To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the form attached hereto as Exhibit B, from a bank for $1,299,788.00. The amount of the
Security was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $ 228,154.00
Watermain $ 228,101.00
Storm Sewer $ 170,643.00
Streets/Sidewalks/Trails
$ 408,932.00
Street Signs $ 4,000.00
Erosion Control $ 0.00'
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
1,039,830.00
X 1.25
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TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 1,299,788.00
*Erosion Control is covered by Grading Permit LOC
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 Improvements are not completed at least
thirty (30) days prior to the expiration of the Security, the City may draw it down. If the Security is drawn
down, the proceeds shall be used to cure the default.
34. CITY DEVELOPMENT FEES, The Developer shall also furnish the City with a cash fee
of $585,953.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%)
$ 41,593.00
City Construction Observation (5%)
$ 51,992.00
Storm Water Trunk Charge
$ 94,079.00
Trunk Water Acreage Charge
$ 185,460.00
Trunk Sewer Acreage Charge
$ 102,509.00
Street Oversize Acreage Charge
$ 0.00
CSAH 83 Escrow $
65,320.00
Park and Trail Dedication Fee
45,000.00
TOTAL CITY DEVELOPMENT FEES
585,953.00
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37. OVERSIZING. City and Developer agree that the Developer Installed Improvements
should be oversized for the benefit of future development. Oversizing is the construction of a Developer
Installed Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer determines that oversizing is required, the City
shall reimburse the Developer for the costs associated with this work and as approved in this contract. City
and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $34,825.00
based upon a cost estimate by the City Engineer as determined by an engineer's estimate or contractors bid
to be provided by the Developer and application of the City's Assessment Policy based on a final
engineering design. The calculation for oversizing is attached as Exhibit D.
38. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to 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
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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 1½ 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. {}471.425, Subd. 4a.)
39. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse thc City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
40. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, any one or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all 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 perfo .rm
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
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connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable Letter of
Credit at least forty-five (45) days prior to its expiration date; (8) receipt by the City from the Developer's
insurer of a notice of pending termination of insurance; (9) a breach of any material provision of this
Development Contract. With respect to this paragraph, "material provision" shall be construed broadly to
offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 41 of
this Development Contract, may take any one or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract.
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots, including those lots sold to third parties, 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.
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C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
41. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the
following: (1) the nature of the breach of the term or condition that requires compliance by the Developer,
or the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the
Event of Default; and (3) the time the developer has to cure the breach or remedy the Event of Default.
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:
Shamrock Development, Inc., 3200 Main Street NW, Suite 300, Coon Rapids, Minnesota, 55448. 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 upon the City Attomey Suesan Lea Pace, Esq. at Halleland Lewis Nilan &
Johnson, 600 US Bank Plaza South, 220 South Sixth Street, Minneapolis, Minnesota, 55402-4501.
42. INDEMNIFIC/ITION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or shffers,
which arise out of, result fi'om or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless fi'om claims arising out of or resulting fi'om the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
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43. NO THIRD PARTY RECOURSE, The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 42 shall apply to said actions.
44. INSURANCE REQUIREMENTS, Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the
Developer Installed Improvements, public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may arise out of Developer's work or the
work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury
and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for
property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy
of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate
shall provide that the City must be given' thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C.
45. RECORDING DEVELOPMENT CONTRACT, This Development Contract shall nm
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
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Page 19
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
46. SPECIAL PROVISIONS. The following special provisions shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat.
B. The Developer is required to submit the final Plat in electronic format. The
electronic format shall be compatible with the City's current software.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
47. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat 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.
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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
By:
Frank Boyles, City Manager
DEVELOPER:
By:
By:
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Its:
STATE OF MINNESOTA
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
COUNTY OF
by
The foregoing instrument was acknowledged before me this __
day of
,20
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
NOTARY PUBLIC
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is govemed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this ~ day of ,20
STATE OF MINNESOTA
COUNTY OF
20
The foregoing instrument was acknowledged before me this
~., by
day of
·
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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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
COUNTY OF
20
The foregoing instrument was acknowledged before me this
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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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
COUNTY OF
20
The foregoing instmrnent was acknowledged before me this
, by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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I:¥HIRIT A
.[
,,~,' o , '-~,,,,
,','~",'~,o~h~ ~ ELi ~' ?',
// ~ ~. - ~ ~ ~
// ' ~ ',,',, ~
',~,, ~ I ,C,'
"~'. ~ I I /?'
AYMMb'Yd
/~g L, LO,BgS
O0'gLg M.g L. LO.68S
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 Developer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(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
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EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:
INSURED:
ADDITIONAL INSURED:
AGENT:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
City of Prior Lake
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
Expiration Date:
GENERAL LIABILITY:
Policy No.
Effective Date:
Insurance Company:
( ) Claims Made
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy
COVERAGE PROVIDED:
Operations of Contractor: YES
Expiration Date:
( ) Occurrence
$2,000,000 for each'occurrence
$1,000,000 or more
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Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? ,YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
{X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person
$2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy:
$1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at On
BY:
Authorized Insurance Representative
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EXHIBIT D
,,,
Contract Item Unit Unit Price Quantity I Amount
Section B - Watermain
6" D.I.P. Class 52 LF $ 24.00 138.00' $3,312.00
8" D.I.P. Class 52 LF $ 24.00 4,216.00 $101,184.00
Fire Hydrant w/6" Gate Valve EA $ 2,500.00 11.00 $27,500.00
D.I.P. Fittings LB $ 1.50 4,460.00 $6,690.00
1" Corporation Stop EA $ 75.00 65.00 $4,875.00
1 . Curb Stop & Box EA $ 150.00 " 65.00 $9,750.00
1" Copper (Type-K) Service Pipe LF $ 9.00 2,925.00 $26,325.00
8" Gate Valve & Box EA $ 900.00 10.00 $9,000.00
;4" Rigid Insulation SF $ 5.00 128.00 $640.00
Connect To Existing Watermain EA $ 2,000.00 1.00 $2,000.00
Watermain Test LS $ 2,000.00 1.00 $2,000.001
Total Watermain Contract Amount I $193,276.00
·
Contract Item Unit Unit Price Quantity I Amount
Section B - watermain
6" D.I.P. Class 52 ~F '$ 24.00 138.00' $3,312.'0~
8': D.I.P. Class 52 LF .$ 24.00 1,496.00 $35,904.00
12" D.I.P. Class 51 LF $ 35.06' 2,720.00 $95,200.00
........
Fire Hydrant wi6" Gate Valve EA $ 2,500.00 I 1.00 $27,500..0.0
DJ.P. Fittings - 8" LB $ 1.50 1,650.001 $2,475.00
D.I.P. Fittings- 12" LB $ 1.50 4,080.00: $6,120.00
1' corporation Stop EA $ 75.00 65.00 $4,875.00
1,' Curb Stop & Box EA $ 150.00 65.00 $9,750.00
1" Copper (Type-K) Service Pipe LF $ 9.00 9_,925.001 $26,325.00
8" Gate Valve & Box EA $ 900.00 4.00! $3,600.00
i2" Gate Valve & Box ..... EA $ 1,400.00 6.00{ $8,400.00
4" Rigid Insulation SF $ 5.00 128.001 $640.00
Connect To Existing Watermain EA i$ 2,000.00 1.ool $2,ooo. oo
Watermain Test LBI$. 2,000.00 1.001 $2,000.00
Total Watermain Contract AmoUnt I $228,i01.00
EXHIBIT E
UTILITY AND STREET
ENGINEER'S ESTIMATE
FOR
THE WILDS RIDGE
PRIOR LAKE, MN
Plan Date: 2/28/05
Revised 4-8-05
] Bid Estimate
Contract Item Unit Unit Price Quantity [ Amount
Section A - Sanitary Sewer
8" PVC SDR 35, 0'-IT Depth LF $ 18.00 452.00 $8,136.00
8" PVC SDR 35, 12'-14' Depth LF $ 18.00 520.00! $9,360.00
8" PVC SDR 35, 14'-16' Depth LF $ 20.00 760.00 $15,200.00
,,
8" PVC SDR 35, 16'-18' Depth LF $ 22.00 221.00 $4,862.00
8" PVC SDR 26, 0'-12' Depth LF $ 18.50 15.00 $277.50
8" PVC SDR 26, 12'-14' Depth LF $ 18.50 174.00 $3,219.00
8" PVC SDR 26, 14'-16' Depth LF $ 20.50 126.00 $2,583.00
8" PVC SDR 26, 16'-18' Depth LF $ 22.50 130.00 $2,925.00
8" PVC SDR 26, 18'-20' Depth LF $ 33.00 67.00 $2,211.00
'8" PVC SDR 26, 20'-22' Depth LF $ 37.00 48.00 $1,776.00
8" PVC SDR 26, 22'-24' Depth LF $ 41.00 305.00 $12,505.00
8" PVC SDR 26, 24'-26' Depth LF $ 45.00 156.00 $7,020.00
8" DIP CL 52, 0'-12' Depth LF $ 20.00 137.00 $2,740.00
8" DIP CL 52, 12'-14' Depth LF $ 20.00 50.00 $1,000.00
8" DIP CL 52, 14'-16' Depth LF $ 22.00 45.00 $990.00
8" DIP CL 52, 16'-18' Depth LF $ 24.00 27.00 $648.00
8" DIP CL 52, 18'-20' Depth LF $ 35.00 31.00 $1,085.00
8" DIP CL 52, 20'-22' Depth LI~ $ 39.00 70.00 $2,730.00,
8" DIP CL 52, 22'-24' Depth LF $ 43.00 62.00 $2,666.00~
8" DIP CL 52, 24'-26' Depth LF $ 47.00 119.00 $5,593.00
8" DIP CL 52, 26'-28' Depth LF $ 55.00 126.00 $6,930.00
8" DIP CL 52, 28'-30' Depth LF $ 60.00 219.00 $13,140.00
4" PVC SDR 26 Service Pipe LF $ 10.00 2,925.00 $29,250.00
4" PVC SDR 26 Riser Pipe VF $ 15.00 368.00 $5,520.00
8"x4" pVc Service WYE EA $ 150.00 65.00 $9,750.00
Sanitary Sewer Manhole (0'-10' Depth) EA $ 2,000.00 22.001 $44,000.00
Sanitary Sewer Manhole Extra Depth VF $ 100.00 140.66: $14,066.00
Outside Drop Section VF $ 200.00 14.86 $2,972.00
~Connect to Existing Sanitary Sewer EA $ 5,000.00 1.00 $5,000.00
Sanitary Sewer Test LS $ 5,000.00 1.00 $5,000.00
iTelevise Sanitary Sewer LS $ 5,000.00 1.00 $5,000.00
,,
Total Sanitary Sewer Contract Amount [ $228,154.50
EXHIBIT E
] Bid Estimate
Contract Item Unit Unit Price Quantity I Amount
Section B - Watermain
6" D.I.P. Class 52 LF ] $ 24.00 138.00 $3,312.00
8': D.I.P. Class 52 LF[ .$ 24.00 1,496.00' $35,904.00
12" D.I.P. Class 51 LF $ 35.00 2,720.00 $95,200.00
Fire Hydrant w/6' (Sate Valve EA $ 2,500.00 11.00 $27,500.00
D.I.P. Fittings - 8" LB $ 1.50 1,650.001 $2,475.00
D.I.P. Fittings - 12" LB $ 1.50 4,080.001 $6,120.00
1" Corporation Stop EA $ 75.00 65.00 $4,875.00
1" Curb Stop & Box EA $ 150.00 65.00 $9,750.00
l" Copper (Type-K) Service Pipe LF $ 9.00 2,925.00 $26,325.00
8" Gate Valve & Box EA $ 900.00 4.00 $3,600.00
, ,
12" Gate Valve & Box EA $ 1,400.00 6.00 $8,400.00
SF $ 5.00 128100[ $640.00
4"
Rigid
Insulation
Connect To Existing Watermain EA $ 2,000.00 1.00 $2,000.00
Watermain Test LS $ 2,000.00 1.00 $2,000.00
Total Watermain Contract AmoUnt I $228,101.00
, ,,
I [ Bid Estimate
Contract Item Unit Unit Price Quantity ] Amount
Section C - Storm Sewer
15" RCP Class 5 LF $ 23.00 3,187.00 $73,301.00
18" RCP Class 5 LF $ 25.00 290.00 $7,250.00
21" RCP Class 3 LF $ 29.00 366.00 $10,614.00
24' RCP Class 3 LF $ 30.00 130.00 $3,900.00
30" RCP Class 3 LF $ 39.00 22.00 $858.00
24" FES w/Tarshguard EA $ 1,000.00 1.00 $1,000.00
30" FES w/Tarshguard EA $ 1,300.00 1.00 $1,300.00
24"x36" Catch Basin EA $ 1,100.00 '12.00 $13,200.00
27" Catch Basin EA $ 1,000.00 1.00 $1,000.00
48" Manhole-Outlet Simmer Structure EA $ 5,000.00 2.00 $10,000.00
48" Catch Basin Manhole (0'-10' Depth) EA $ 1,600.00 23.00 $36,800.00
4" Perforated Draintile LF $ 11.00 420.00 $4,620.00
Connect to Existing EA $ 5,000.00 1 o00 $5,000.00
Rip Rap Class III .. CY $ 60.00 30.00 $1,800.00
Total Storm Sewer Contract Amount I $170,643.00
EXHIBIT E
'" [ '[' Bid Estimate
Contract Item Unit Unit Price Quantity ] Amount
Section D - Streets
Subgradc Preparation SY $ 0.50 18,135.00 $9,067.50
24" Granular Borrow (MnDOT 3149) SY $ 3.00 17,165.00 $51,495.00
9" Class 5 100% Crushed (MnDOT 3138) SY $ 4.75 16,680.00 $79,230.00
,,
2.5" Bituminous Base (MnDOT Type 31B) SY $ 4.25 I3,975.00 $59,393.75
Tack Coat (MnDOT 2357) GL $ 2.00 700.00 $1,400.00
1.5" Bituminous Wear (MnDOT Type 4lA) SY $ 3.50 13,975.00 $48,912.50
Concrete Mountable Curb & Gutter LF $ 8.00 7,650.00 $61,200.00
Concrete B618 Curb & Gutter LF $ 8.50 915.00 $7,777.50
Adjust Gate Valve Box EA $ 275.00 12.00 $3,300.00
Adjust Catch Basin Casting EA $ 100.00 34.00 $3,400.00
Adjust Manhole Casting EA $ 375.00 24.00 $9,000.00
Backfill Curb & Gutter and Grade Boulevard LS $ 5,000.00 1.00 $5,000.00
5'x6" concrete Sidewalk w/4" Granular Bedding LF I $ 12.00 3,370.00 $40,440.00
8'x2 1/2" Bituminous Trail w/6" Aggregate Class 5 Base LF $ 8.00 1,900.00 $15,200.00
Sod 3' Behind Back of Curb SY $ 2.25 2,855.00 $6,423.75
Concrete Pedestrian Ramp EA $ 500.00 6.00 $3,000.00
,,
Sawcut Existing Bituminous LF $ 3.00 64.00 $192.00
40' Rad Temporary Turn Arounds LS $ 1,500.00 3.00 $4,500.00
Street Signs and Traffic Signs LS I $ 4,000.00 1.00 $4,000.00
Total Street Contract Amount [ $412,932.00
Contract Item
Section G = Miscellaneous
Conduit Crossings-4 Each Location
[ I Bid Estimate
Unit Unit Price Quantity [ Amount
EA I$ 30o.ool 12.oo[ $3,600.00
Total Miscellaneous Contract Amount ] $3,600.00
Total Sanitary Sewer Contract Amount $228,154.50
Total Watermain Contract Amount $228,101.00
Total Storm Sewer Contract Amount $170,643.00
Total Street Contract Amount $412,932.00
Total Miscellaneous Amount $3,600.00
TOTAL CONTRACT AMOUNT $1,043,430.50
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS'OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance is submitted acceptable to the City Attomey.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Three mylar sets of the final plat with all required signatures are submitted.
5. The developer provides financial security, acceptable to the City Engineer prior to release of the final
plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by July 18, 2005, will render the final
plat null and void.
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