HomeMy WebLinkAbout4K - Cardinal Ridge Third Addn. NE~,0
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
STAFF AGENDA REPORT
4(k)
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER RESOLUTION 95-_.~_ APPROVING THE FINAL PLAT OF
CARDINAL RIDGE THIRD ADDITION AND DEVELOPER'S
AGREEMENT
MARCH 20, 1995
INTRODUCTION'
BACKGROUND:
DISCUSSION'
The purpose of this item is to consider approval of Resolution 95- ~"/
approving the final plat of Cardinal Ridge Third Addition. The
developer's agreement for installation of public improvements was
prepared by Paul Boettcher and Glenn Kessel and is attached. Sienna
Corporation, represented by Jim Johnston, has filed for final plat and
developer's agreement approval for Cardinal Ridge Third Addition. The
final plat is being filed in accordance with Sections 6-5-1 and 6-7-1
through 6-7-17 of the Subdivision Ordinance.
The principal requirements for final plat approval include a signed
developer's agreement with surety for the installation of utilities and
streets and the satisfactory completion of all preliminary plat
contingencies.
The preliminary plat of Cardinal Ridge was approved by the City Council
on June 7, 1993. The 147 acre single family development was
contemplated to be completed in four phases over the next three to five
years. The first phase, containing 64 lots was approved by the Council
on October 18, 1993. The second phase containing 47, single family lots
was approved March 21, 1994. Cardinal Ridge Third Addition contains
39 single family lots and Outlots B and C, which will be given to the City
as parkland. Staff has reviewed the final plat and found it to be in
substantial compliance with the approved preliminary plat.
The conditions placed upon the preliminary plat have been satisfied or will
be accounted for in the developer's agreement and Resolution 95-~
approving the final plat. The park improvements associated with this
phase include the installation of sidewalk adjacent to Crossandra Street,
and dedication of Outlots B and C for park. The developer will be
required to transfer title of the Outlots to the City in a manner acceptable
to City Attorney, Glenn Kessel.
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16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EHPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
The developer's agreement specifies that the developer is responsible for
installation of all utilities, streets, park trails and all other improvements as
specified by the Subdivision Ordinance. Engineering staff will be present
at the meeting to review details of the developer's agreement with the
Council if requested.
.
Adopt Resolution 95-I'? approving the final plat of Cardinal
Ridge Third Addition, and the attached developer's agreement.
.
Table or continue this item for specific reasons as determined by
the City Council.
Alternative #1.
A motion as part of the Consent Agenda to approve Resolution 95- l'7
approving the final plat and developer's agreement.
R~/iewed By: Bonnie ~3-~rlson, Assistant City Manager
"FP01CC'
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· F~O~,S' RESOLUTION 95-__
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT OF CARDINAL RIDGE THIRD ADDITION.
MOTION BY: SECONDED BY:
WHEREAS,
The City Council approved the Schematic and Preliminary PUD Plan for Cardinal Ridge
PUD 6-93 on June 7. 1993 as per Resolution 93-40; and
WHEREAS,
WHEREAS,
The City Council approved the preliminary plat of Cardinal Ridge on June 7, 1993 as per
Resolution 93-47; and
The City Council has determined that the final plat of Cardinal Ridge Third Addition is
substantially consistent with the approved preliminary plat; and
WHEREAS, the City Council has approved the Final Plat of Cardinal Ridge Third Addition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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. A title opinion or commitment of title insurance be submitted acceptable to the City Attorney.
2. The certification by the City Attorney on the final plat be changed to read as follows: "1 hereby
certify that I have examined this plat and hereby recommend this plat for approval as to form.
Signature by City Attorney."
3. Fee title to Outlots B and C be given to the City of Prior Lake in a manner acceptable to the City
Attorney.
4. The developer shall verify that the lot width, measured at the 25' front setback line, is at least 80'
in order to assure compliance with the lot width requirement of the Zoning Ordinance at the time
that the preliminary plat was approved.
5. The street names of Crossandra Place and Markley Heights Curve be changed to names
acceptable to the Director of Planning.
6. A sidewalk be installed along the entire length of Crossandra Street as per approved PUD plan.
7. Lots 4, 5, 6, 7, 9, 10, 11, Block 1 may utilize one, 5' garage side yard setback, provided there is a
minimum 15' setback between houses. (As per Cardinal Ridge PUD 6-93 Schematic Plan
approval).
8. The front yard setback for all lots adjacent to Crossandra Street, located east of Fish Point Road
shall be at least 25'.
9. Payment of all fees including but not limited to: final plat fee of $195.00 dollars; park dedication
fee, trunk sewer charge, storm water management fee, collector street fee and all other fees
associated with the developers agreement.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EHPLOYER
10.
11.
12.
13.
14.
15.
The developer's agreement, as drafted by the City Engineer, shall be signed and fully executed
prior to the release of the final plat. All fees shall be paid prior to release of the final plat.
Four mylar sets of the final plat with all required signatures be submitted.
A complete set of constructior~ plans and specifications for all public works facilities for
subdivision be submitted in accordance with the requirements of the "Public Works Design
Manual."
Utility and drainage easements along with an erosion control plan and sewer/water plan be
revised acceptable to the City Engineer. All easements including those necessary on the plat be
granted, acceptable to the City Engineer.
The developer shall submit a copy of, and agree in writing, to distribute literature to future buyers
of lots which indicate the sidewalk improvements approved as part of the development.
The final plat and all pertinent documents must be filed with Scott County within 60 days from the
date of final plat approval. Failure to record the documents by May 20, 1995, will render the final
plat null and void.
Passed and adopted this 20th day of March, 1995.
YES
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
NO
Frank Boyles
City Manager
City of Prior Lake
{Seal}
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INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
Planning ~
Ralph Teschner, Finance Director
CARDINAL RIDGE 3RD ADDITION
(assessment/fee review)
January 9, 1995
Outlot A Cardinal Ridge 1st Addition (PIN numbers 25 299 065 0) is proposed to be replatted into
Cardinal Ridge 3rd Addition. This area has received no prior assessments for City municipal utilities.
Since utilities are available to the property site, the cost for the extension of services internally will be the
responsibility of the developer. In addition to these improvement costs, the subdivision will be subject to
the following City charges outlined below:
Stormwater Management Fee
Collector Street Fee
Trunk Sewer & Water Fee
16.8 cents/sq, ft.
$1500.00/acre
$3500.00/acre
The application of these City charges would generate the following costs to the developer based upon a
net area lot calculation of 11.84 acres of single family lots (515,973 square feet) as provided within the
site data summary sheet of the preliminary plat description:
Trunk Sewer & Water Charge:'
11.84 acres @ 3500.00/acre = $41,440.00
Storm Water Management Fee:
515,973 sf @ 16.8/sf= $86,683.00
Collector Street Fee;
11.84 acres @ $1500.00/ac = $17,760.00
These charges represent an approximate cost of $3740.00 per lot for the 39 proposed lots within Cardinal
Ridge 3rd Addition. Assuming the initial net lot area of the plat does not change, the above referenced
storm water, collector street and trunk water and sewer charges would be determined and collected within
the context of a developer's agreement for the construction of utility improvements at the time of each
phase of the planned unit development.
There are no other outstanding special assessments currently certified against the property. Also, the tax
status of the property is current with no outstanding delinquencies.
SPL35.WRT
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
TO:
FROM:
RE:
DATE:
MEMORANDUM
DRC MEMBERS
BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
REVIEW OF CARDINAL RIDGE THIRD ADDITION
DECEMBER 19, 1994
I have reviewed the plat of Cardinal Ridge Third Addition and I have found it
to be consistent with the preliminary plat as filed. The Park Dedication is as
approved on the Preliminary Plat.
The following items need to be addressed at the time of Final Plat relating to
Parks and Open Space:
1. The developer needs to convey title to the City of Prior Lake for Outlots B and C
acceptable to the City Attorney;
2. The sidewalk needs to be installed along Crossandra Street as shown and
approved on the Preliminary Plat;
3. All
8 feet wide bituminous trails will be installed at the time of street
improvements. Trails will be installed by the developer and reimbursed by
the Capital Park Fund. Trail locations will be as determined by the Parks
Department.
Thank you.
DRC26
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY F.~PLO~
CARDINAL RIDGE PUD
PUD 6-93
I:IlSTORY:
Cardinal Ridge PUD is located in the NE Quarter of Section 1, Township 114, Range 22. It is a single
family PUD surrounded on the north by Prior Lake Senior High and Middle Schools, the east by Credit
River Township, the south by Marldey Lake and the west by Brooksville Hills Subdivisions. The parcel
consists of about 150 acres of rolling topography that had, up until the PUD, been tilled. The southeast
portion of the site contains Marldey Lake and forest areas that will likely support higher value homes.
Approximately 50°~ of the site has been dedicated for park, utility and road purposes. The PUD begins
implementation of a Park and Recreation Department objective: To acquire public lands around Marldey
Lake for recreation and trail purposes.
OFFICIAL ACTIONS:
Schematic and Preliminary PUD Plan
approved by Planning Commission
May 6, 1993 - Continued
May 20, 1993
Preliminary Plat approval by
Planning Commission:
May 20, 1993
Cardinal Ridge Schematic and
Preliminary PUD Plan approved
by City Council:
Resolution 9340
June 7, 1993.
Preliminary Plat approval by
City Council:
Resolution 9347
June 7, 1993.
5' Side yard variances granted
for 46 lots as per Exhibit dated
3-15-93.
Subdivision tree planting program
may allow clustering of front yard
trees. Boulevard trees will be
planted as per City specifications.
Resolution 93-40
June 7, 1993.
Final Plat: Cardinal Ridge First Ad.
October 18, 1993
Final Plat: Extend filing date ....
December 6, 1993
Final Plat: Cardinal Ridge Second Ad.
March 21, 1994
SITE DATA:
Total Acres 147
Single Family Lots 223
Public Open Space 53
R-O-W 24
Total Lots · Develoved Lots
First Addition 64 0 '
Second Addition 47 0
PUD IMPROVEMENTS:
- Fish Point Road will be built as a parkway with landscaped median, sidewalk and bike trail.
- Sidewalk will be installed along entire length of Crossandra Street.
- 50% public open space was dedicated including waterfront of Markley Lake.
- Parks will be developed with trail systems connecting the neighborhoods. A natural park
adjacent to Marldey Lake and active play areas adjacent to Brooksville Hills neighborhood and in
the central part of the PUD are planned.
DEVELOPMENT STATUS:
As of April 26, 1994, grading has commenced for Cardinal Ridge F'ust and Second Additions.
no building permits have been issued for the PUD.
To date,
RECOMMENDATION:
Grading, installation of streets and utilities has occurred at an acceptable rate and as planned. No change
in PUD Zoning or stares is recommended.
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.5 ~ GAI~A~--~ SE'r3A(~! 1.5 ~ B~ ltOm~-S /
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PUD
1. Sidewalk along the entire length of Crossandra street.
2. Boulevard trees required as per City Tree Planting Handout.
Front yard trees may be clustered throughout the project area.
3. Street lights be placed at short intervals on long blocks, at all
intersections, entrances to parks and trails.
4. Berm and Screening required 4,5,6, Block 3.
5. Lots with * may be a minimum of 70 feet wide.
6. Lots with * may have one 5' garage side yard setback, provided there is
a minimum i5' setback between houses.
CARDINAL RII)GE
Project Overview
cardinal Ridge is a Planned Unit Development approved by the City of Prior Lake. The site
is-located directly south of the Prior Lake 'l~igh School on the east side of thc community and
directly north of Markley Lake. "
Cardinal Ridge consists of 223 single family lots' on 147 acres. The site plan was developed to
accommodate the site's natural features by protecting natural wetlands, ~ slopes, existing
vegetation stands and Martdey Lake. These natural areas are located in outlots which will be
dedicated to the City of Prior Lake, who will own and maintain them.. Besides preserving and
protecting the nam~ features of this sim, these outtots will also function for srormwater
ret~tion and park purposes. The largest outlot, 'locazed on the wes~ side of Cardinal Ridge,
wCll be made up pt wetlands and stormw'ater po .nding on the north half and an active .
ueighborhood park ou the south half.. .. .
. . ..
....
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A trail system is planned through a majority of the outlots, eventually leading to Markley
Lake. This trail system will be installed by the project developer and funded by the City of
Prior Lake. A sidewalk which will' connect to the f~ure trail system, will be installed the total
length of Crossandra Street by the proje~ developer. In addition, a sidewalk and bike trail
will be installed on Fish Point Road.
Although formal plans have not been' developed. by the City of Prior Lake on the outiots,
prospective homebuyers are encouraged to contact the City Parks Depar12nent for additional
information.
Cardinal Ridge
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the 6th day of March, 1995, by and
between the City of Prior Lake, a municipal corporation organized under the laws of the State of
Minnesota and Sienna Comoration. a Minnesota corporation.
WITNESSETH THAT:
WHEREAS, Developer is duly organized to do business in the State of Minnesota and
owns the Property within the City of Prior Lake; Scott County, Minnesota, and
WHEREAS, Developer desires to develop the Property; and
WHEREAS, Developer has made application to City Council for approval of the plat of
the Property; and
WHEREAS, the City has granted preliminary plat approval and final plat approval to
~ardinal Ridge Third Addition on the condition that, among other things, Developer enter into
this Agreement to provide for installation of Developer improvements and all other
improvements hereafter described all on the terms and conditions hereafter set forth.
NOW, THEREFORE, in consideration of these premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. DEFINITIONS: RULES OF INTERPRETATION AND EXHIBITS.
In this Agreement the following terms shall have the following respective
meanings unless the context hereof clearly requires otherwise:
ao
"Agreement" means this Contract for Development of Land in the City of Prior
Lake, Minnesota, by and between City and Developer Cardinal Ridge Third
/kddition, as the same may be from time to time modified, amended or
supplemented.
bo
"Cash Escrow Deposit" means a cash deposit with the City Finance Director in
the amount of $0.00 (125% of Cost of Developers Improvements).
Co
"City" means the City of Prior Lake, a governmental subdivision of the State of
Minnesota.
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"City Attorney" means the City Attorney of the City of Prior Lake.
.
"City Council" means the Prior Lake City Council.
"City Engineer" means the City Engineer of the City of Prior Lake.
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"City Finance Director" means the City Finance Director of the City of
Lake.
"Cost of Developer Improvements" means the cost of Developer Improvements
as estimated by the City Engineer on Exhibit A in the City Engineer's sole and
absolute discretion.
"Developer" means Sienna Corporation its successors and assigns.
"Developer's Installed and Financed Improvements" means the construction
work to be performed by Developer on the Property including, but not limited to,
the trees, grading, topsoil and sodding, sidewalks and driveways, curb-stop
adjustments, street lighting, streets, curb and gutter, water supply, sanitary sewer,
storm sewer/storm water improvements, drainage, Permanent Street
Improvements and Traffic Signing Improvements to be performed, installed or
constructed upon the Property pursuant to this Agreement, the plans,
specifications, drawings and related documents, and in accordance with the
policies and ordinances of City as City may adopt from time to time.
"Event of Default" shall mean whenever it is used in this Agreement any one or
more of the following events: (i) failure by Developer to timely pay all real
property taxes assessed with respect to the Property; (ii) failure to construct the
Developer's Improvements pursuant to the terms, conditions and limitations of
this Agreement; (iii) failure by Developer to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under
this Agreement; (iv) transfer of any interest in Developer or (v) failure to correct
warranty deficiencies; (vi) failure by Developer to timely pay all contractors,
subcontractors and material suppliers for the Development Improvements; or (vii)
if the term of the Letter of Credit and/or the Performance/Warranty Bond will
expire prior to the expiration of the Warranty Period, the failure by Developer to
replace the Letter of Credit and/or renew the Performance/Warranty Bond at least
fifteen (15) days prior to its expiration.
"First Completion Date" means October 1, 1995.
"Second Completion Date" means July 15. 1996.
"Letter of Credit" means an irrevocable letter of credit in the amount of
$441,875.00 (125% of Cost of Improvements) in the form of Exhibit B.
"Including" means including, but not limited to.
"Performance/Warranty Bond" means a Performance/warranty Bond in the
form of Exhibit G in an amount as specified by the City Engineer (an amount
equal to the original cost of the improvements).
·
"Permanent Street Improvements" means permanent street surfacing in
accordance with the policies and ordinances of City as City may adopt from time
to time.
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"Policy for Private Development Projects" means the policy for such projects
adopted by the City Council as may be amended the current policy of wbAcla !ts
attached as Exhibit F.
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"Property" means the real property, together with improvements, if any,
described in Exhibit C.
"Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the Minnesota State Board of Registration for Architects,
Engineers, and Land Surveyors.
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"Sewer and Water Improvements" means sanitary sewer and water laterals or
extensions including all necessary building services in accordance with the
policies and ordinances of City as City may adopt from time to time.
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"Storm Sewer Improvements" means storm sewers, catch basins, inlets and
other appurtenances when determined to be necessary by City Engineer in
accordance with the policies and ordinances of City as City may adopt from time
to time.
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"Street Improvements" means street grading, graveling, and stabilizing
including construction of boulevards and turf establishment in accordance with
policies and ordinances of City as City may adopt from time to time.
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"Subdivision" means the division of a parcel of land into two or more lots or
parcels by any means including platting, registered land survey and conveyance
by metes and bounds. Where appropriate to the context, "subdivision" shall relate
to the process of subdividing or to the land to be subdivided.
"Traffic Signing Improvements" means standard street name signs at all newly
opened intersections and such other traffic control signs within the Subdivision
determined to be necessary by City Engineer in accordance with the policies and
ordinances of City as City may adopt from time to time.
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"Unavoidable Delay" means Acts of God, casualties, war, civil commotion,
embargo, riots, utilities, energy or fuels, litigation in regard to the Subdivision by
third parties, failure after diligent effort to obtain required environment or other
approvals, authorization or permits, any acts or omissions of any governmental
authority with jurisdiction, (other than the City), and all other causes of events
which are beyond Developer's or City's control.
"Construction Inspection of Developer Projects" means the inspection of
Developer's Installed and Financed Improvements by City Engineering Personnel
or by consultant engineers hired by the City, the costs of which are to be either
reimbursed to the City by the Developer or paid directly to consultant by the
Developer, as the case may be. -'
This Agreement shall be interpreted in accordance with and governed by the laws
of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this
Agreement as a whole rather than to any particular section or subdivisio.a
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Reference herein to any particular section or subsection hereof are to the section
or subsection of the Agreement as originally executed. Any titles of the several
parts, articles and sections of this Agreement are inserted for convenience of
reference only and shall be disregarded if construing or interpreting any of its
provisions.
The following exhibits are attached hereto and by reference made a part of this
Agreement:
Exhibit A - Cost of Developer Improvements
Exhibit B - Letter of Credit
Exhibit C - Property Identification
Exhibit D - Developer and City Cost Summary
Exhibit E - Special Conditions
Exhibit F - Policy for Private Development Projects
Exhibit G - Performance/Warranty Bond
DEVELOPER IMPROVEMENTS
Developer shall construct and install, at Developer's expense (except as
hereinafter provided), the Developer Improvements, in accordance with the terms
of this Agreement, the policies and ordinances of the City, as City may adopt from
time to time, and all local, state and federal laws and regulations (including, but
not limited to, environmental, zoning, building code and public health laws and
regulations) and according to the plans, specifications, drawings and related
documents submitted to and approved by City Engineer for the Subdivision prior
to commencement of any construction and final plat approval, and shall timely
pay all contractors, subcontractors, and suppliers/materialmen for the Developer
Improvements. The plans, specifications, drawings and related documents shall
be prepared by a Registered Professional Engineer subject to review and written
approval by City Engineer. Changes in plans, specifications, drawings and related
documents will only be permitted if the revised plans, specifications, drawings
and related documents are submitted to and approved in writing by City Engineer
prior to making any of the contemplated changes. Prior to construction of the
Developer Improvements, Developer shall provide an executed copy of any
contract entered into by Developer with a third party for the installation of the
Developer's Installed and Financed Improvements.
.,
On or before the date hereof, Developer shall pay to the City a fee equal to 6% of
the estimated developer project cost as determined by the City Engineer to cover
the costs of City in preparing and administering this Agreement.
On or before the date hereof, Developer shall furnish to the City the Letter of
Credit or Cash Escrow Deposit at City's sole option.
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Bituminous Base Street Improvements, Storm Sewer Improvements, Sen[tzzy
Sewer Improvements and Watermain Improvements shall be completed by 'the
First Completion Date. Permanent Street Improvements and Traffic Signing
Improvements and all other Developer Improvements as per plans and
specifications shall be completed by the Second Completion Date.
Noncompliance with either the First Completion Date or the Second Completion
Date will cause the Letter of Credit or Cash Escrow Deposit to be called on,
unless an extension of time is granted by City Engineer in his sole and absolute
discretion.
The City, either utilizing the City's Engineering Department Personnel or the
City's Consultant Engineering Personnel, shall inspect the Developer Installed
Improvements in accordance with the policy for private development projects
adopted by the City. Inspection services by the City shall include:
A.
Inspection of public improvement systems which include grading,
sanitary sewer, watermain, storm sewer/ponding and street system.
Grading inspection is for overview of drainage swales and not for
detail site grading.
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Documentation of construction work'and all testing of
improvements.
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As-built location dimensions for sanitary sewer, watermain, and
storm sewer facilities.
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Coordination with testing company for soil and material testing
and actual material testing costs as performed by City consultants
or city staff.
The Developer's Engineer shall provide all other construction services including,
but not limited to:
A. Construction surveying.
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As-built drawings of development improvements (Tie dimensions
to sewer and water services from City staff or City consultant).
C. Construction quantifies.
D. Change orders.
E. Construction administration of project.
F. Construction payment vouchers.
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Project Testing - The developer is responsible through its testing
company at the developer's cost to provide testing to certify that
the project was completed in compliance with the approved plans
and specifications. The personnel performing the testing sh~!! be
certified by the Minnesota Department of TransportatSo~, or h~ve
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equivalent certification. The City Engineer may require additional
testing if in his opinion adequate testing is not being
The cost of additional testing to be paid by the developer.
All construction inspection service charges for City Engineer personnel or City
Consulting Engineering personnel fees shall be paid by the Developer to the City
and/or directly to City Consulting Engineer within twenty (20) days from the date
of receipt of invoices for such services from the City all in accordance with the
Policy for private development projects. Failure to pay said invoice charges
within said twenty (20) day payment period, may cause the City to draw down on
the Letter of Credit in the full amount of said invoices, at the sole and absolute
discretion of the City, without notice to Developer.
In the event there are insufficient funds available in the Letter of Credit to
reimburse the City for such inspection service charges as well as to maintain a
sufficient sum of money to secure Developer's guaranty, then the City shall have
the right to deny building permits or occupancy permits to the Property until such
time as said charges have been paid in full or the Letter of Credit amounts have
been increased to at least the amount of such inspection service charges together
with the sums necessary to secure the Developer's guaranty.
DEVELOPER REPRESENTATIONS.
Developer represents and warrants that neither the execution and delivery of this
Agreement, the consummation of the transactions contemplated hereby, nor the
fulfillment of or a compliance with the terms and conditions of this Agreement is
prevented or limited by, or in conflict with or will result in breach of, the terms,
conditions or provisions of any restriction of Developer, or evidence of
indebtedness, agreement or instrument of whatever nature to which Developer is
now party or by which it is bound or will constitute a default under any of the
foregoing. Developer further represents and warrants that Developer will
cooperate with City with respect to any litigation commenced with respect to the
Property or the Developer Improvements. Developer represents and warrants that
the Developer Improvements will conform to all laws, regulations and ordinances
of all local, state and federal government authorities.
OVERSIZING
City and Developer agree that the Developer Improvements should be oversized
for the benefit of future development. City and Developer agree that the cost of
system oversizing to be reimbursed to the Developer is $0.00 based upon an
estimate as determined by the City Engineer.
Developer shall pay City upon demand the Trunk Oversizing Costs per the
schedule outlined in the City's Assessment Policy. These rates are as follows:
S&W Acreage
$3,500.00/net acre
Trunk Storm Sewer (Res.)
$ .168/net sq. ft.
Collector Street Fee
$1,500.00/net acre
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Developer waives any and all claims, assertions, causes of action, in law or in
equity, as to the costs and/or determination of said oversizing allocated t0
Developer, calculations and/or determinations of them, as made by or on behalf of
City or all "oversizing" requirements of Developer as may be specified and
contained in this Agreement or attachments hereto. The parties acknowledge and
agree that the fees and costs allocated to City and Developer, as set forth herein
and any exhibits hereto, may be based upon estimated costs made by or on behalf
of City. However, the cost of the oversizing, as estimated by or on behalf of City,
is binding upon City and Developer.
INSURANCE.
On or before the date hereof, Developer and its contractors shall procure and
maintain or cause to be maintained during the term hereof, at its sole cost and
expense, the following types of insurance in the amounts specified and in the form
provided for below:
Comprehensive general public liability insurance against claims for bodily injury,
death or property damage occurring upon or in the Property and the
improvements, such insurance to afford protection to a combined single limit of
not less than $2,000,000.00 with respect to death or injury to any one or more
persons and $1.000.000.00 with respect to property damage. Insurance term shall
expire at the conclusion of the warranty period.
Workers compensation insurance, with statutory coverage.
Such other insurance in such amounts as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure.
The policies of insurance required hereunder shall be taken out and maintained
with responsible insurance companies licensed to transact business in the State of
Minnesota. Certificates evidencing such insurance shall be furnished to City upon
commencement of construction of Developer's Improvements. Each policy shall
contain a provision that the insurer shall give not less than thirty (30) days
advance written notice to City in the event of cancellation of the policy,
non-renewal or changes affecting the coverage thereunder.
City shall be named as an additional named insured under all policies required to
be maintained by Developer and executed copies of all such policies of insurance
or certificates thereof shall be delivered to City promptly upon their issuance and
thereafter until thirty (30) days prior to the expiration of the term of each such
policy. As often as any such policy shall expire or terminate, renewal or
additional policies shall be procured and maintained by Developer in like manner
and to like extent.
STREET MAINTENANQE DURING CONSTRUCTION.
Developer shall be responsible for all street maintenance until the Subdivision is
accepted by the City. Warning signs shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing attention, te
detours. If and when streets become impassable, such streets shall be. k.,a~icade4,
Page 7
e
ge
and closed. Developer shall be responsible for keeping streets within and without
the Subdivision swept clean of dirt and debris that may spill or wash en:e the.
streets. The Developer shall daily clean streets of dirt and debris which has
resulted from construction work by the Developer and its agents or assigns.
ACCEPTANCE OF SUBDIVISION
AND DEVEI.OPER IMPROVEMle~NTS,
City will accept the Subdivision after it has been completed in accordance with
the provisions of this Agreement, the policies and ordinances of City, as City may
adopt from time to time, and all local, state and federal laws and regulations.
Developer shall furnish certificates of completion for the completed Subdivision
certifying that the work has been completed in accordance with the terms of this
Agreement and shall also furnish mylar "as-built" reproducibles for all phases of
construction included in this Agreement. Prior to acceptance of the completed
Subdivision by the City Engineer, Developer must furnish to City a Letter of
Credit guaranteeing satisfactory performance of the Developer Improvements in
an amount equal to 25% of the original cost of the Developer Improvements.
The 25% Letter of Credit guarantee amount can be reduced upon the following
conditions:
m.
The Letter of Credit guaranteeing satisfactory performance of the
Developer Improvements can be reduced to 5% of the original cost of the
Developer Improvements to be completed by the first completion date plus
125% of the original cost of Developer Improvements to be completed by
the second completion date, after acceptance of all Developer
Improvements to be completed by the first completion date by the City
Engineer in writing, and by providing the City a Performance/Warranty
Bond from the Developer and its contractors in an amount equal to the
cost of the Developer Improvements to be completed by the first
completion date. All punch list items related to the first completion date
must be completed before a reduction in security will be considered.
B. The Letter of Credit guaranteeing satisfactory performance of the
Developer Improvements can be reduced to 5% of the original cost of the
Developer Improvements after acceptance of all Developer Improvements
by the City Engineer in writing and by providing the City a
Performance/Warranty Bond from the Developer and its contractors in an
amount equal to the original cost of the improvements which shall be in
force for one (1) year (the "Warranty Period") following acceptance of all
required improvements and shall guarantee satisfactory performance of
such improvements. The Warranty Period shall begin effective the date
that the City Engineer accepts all of the completed improvements, in
writing, including the mylar "as-built" reproducibles for all phases of
construction included in this Agreement.
.-
RELEASE. HOLD HARMLESS.
Developer releases from and covenants and agrees that City and the governing
body members, officers, agents, servants and employees thereof (hereinafter for
purposes of this paragraph, the "indemnified parties") shall not be lialzie
Page 8
e
10.
11.
12.
agrees to indemnify and hold harmless the indemnified parties against any loss or
damage to property or any injury to or death of any person occurring at or about
or resulting from any defect in the Property or Developer Improvements.
]DEFAULT.
Whenever an Event of Default occurs, City may take any one or more of the
following actions without notification:
a.
b.
City may suspend its performance under the Agreement.
City may cancel and rescind this Agreement.
Ce
City may draw upon and/or bring an action upon any guaranty, the Cash
Escrow Deposit, and/or Letter of Credit, the Construction Inspection Cash
Escrow Deposit, the Performance/Warranty Bond provided to City
pursuant to any of the terms of this Agreement according to their terms.
do
City may take whatever action, including legal or administrative action,
which may appear necessary or desirable to City to collect any payments
due under this Agreement or to enforce performance and observance of
any obligation, agreement or covenant of Developer under this
Agreement.
eo
City may suspend issuance of Building Permits and/or Occupancy Perm/ts
on Developer's lots.
NON-DISCRIMINATION.
The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1
of the Prior Lake City Code as may be modified, which relate to civil rights and
discrimination and affirmative action shall be considered a part of this Agreement
as though wholly set forth herein, and Developer agrees to comply therewith.
ASSIGNMENT.
Developer represents and agrees for its successors and assigns that Developer has
not made or created and that it will not make or create or suffer to be made or
created any total or partial sale, assignment, conveyance or any trust or power to
transfer in any other mode or form of or with respect to this Agreement or in
Developer without the prior written approval of the City.
GENERAL.
The terms and provisions .hereof be binding upon and inure to the benefit of the
heirs, representatives, successors and assigns of the parties hereto and shall be
binding upon all future owners of any or any part of the Subdivision and shall be
deemed covenants running with the land. If there be more than one developer,
references herein to Developer shall mean each and all of them. This Agreement,
at the option of City, shall be placed of record so as to give notice hereto to
subsequent purchasers and encumbrances of all or any part of the Sub~ivi:i.,cn.
Page 9
All recording fees, if any, shall be paid by the Developer.
Whenever in this Agreement it shall be required or permitted that notice or
demand be given or served by either party to this Agreement to or on the other
party, such notice shall be delivered personally or mailed by United States mail to
the addresses hereinafter set forth, by certified mail (return receipt requested).
Such notice or demand shall be deemed timely given when delivered personally
or when deposited in the mail in accordance with the above. The address of the
parties are as follows, until changed by notice given as above:
If to City:
City Engineer
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake MN 55372
With a copy to:
Glenn R. Kessel
Lommen, Nelson, Cole & Stageberg, P.A.
! 800 IDS Center
80th South 8th Street
Minneapolis MN 55402
If to Developer:
Bruce G. Nimmer
Sienna Corporation
4940 Viking Drive
Minneapolis, MN 55435
Where this Agreement or any provision hereof makes the time of performance
subject to Unavoidable Delay, the time or times for such performances shall be
extended for the period of such Unavoidable Delay, provided, that the parties
seeking the benefit of the provisions of this section shall, within five (5) days after
the beginning of any such Unavoidable Delay, have first notified the other party
thereof in writing, and of the cause or causes thereof, and requested an extension
for the period of such delay.
This Agreement may be amended by the parties hereto only by written instrument
executed in accordance with the same procedures and formality followed for the
execution of this Agreement.
Failure of either party at any time to require performance of any provision of this
Agreement shall not affect its right to require full performance thereof at any time
thereafter and the waiver by either party of a breach of any such provision shall
not be taken or held to be a waiver of any subsequent breach thereof or as
nullifying the effectiveness of such provision.
..
This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute one and the same
instrument.
Whenever an Event of Default occurs and City shall employ attorneys or i~.cur
other expenses, including employment of experts, for the collection, s~ pa'./:~eri'~s
Page 10
due or to become due or for the enforcement or performance or observance of any
obligation or agreement on the part of Developer herein contained, Developer
agrees that it shall, on demand therefor, pay to City the reasonable fees of such
attorneys and such other expenses so incurred by City. Developer agrees to hold
harmless, indemnify and defend City and its employees against any claims or
actions brought as a result of Developer's performance under this Agreement or
as a result of alleged actions or omissions on the part of Developer, its employees
or agents.
IN WITNESS WHEREOF, City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
Approved by the City Council on the~
APPROVED AS TO FORM:
.day of
,1995.
DEVELOPER:
SIENNA CORPORATION
By
By
Glenn R..Kessel
Its
CITY OF PRIOR LAKE:
By
By
Its Mayor
Its
By
Its City Manager
[This Agreement must be signed by all parties having an interest in the Property.]
Page 11
STATE OF MINNESOTA}
} SS-'
COUNTY OF SCOTT }
On the ~ day of ,19 , before me, a Notary Public, with and for said
County personally appeared Lydia Andren and Frank Boyles, to me personally known, being
each by me duly sworn did say that they are the Mayor and City Manager, respectively, of the
City of Prior Lake, a Minnesota municipal corporation, named in the foregoing instrument; and
that said instrument was signed on behalf of the municipal corporation and acknowledged said
instrument to be the free act and deed of said municipal corporation.
Notary Public
STATE OF MINNESOTA}
} SS:
COUNTY OF' SCOTT }
The foregoing instrument was acknowledged before me this day of , 1995,
by and by , who are the and
of Sienna Corporation, a Minnesota corporation, on behalf of said
corporation.
Notary Public
Page 12
· EXHIBIT A
INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
LARRY ANDERSON, CITY ENGINEER
PAUL B OETTCHER, ACTING ASSISTANT CITY ENGINEER
CARDINAL RIDGE THIRD ADDITION
FEBRUARY 24, 1995
The estimated construction costs from James R. Hill for this project should be adjusted to distribute the
lump sum mobilization item of $1,500.00 which is all in the storm sewer schedule. Prorating this
$1,500.00 over all the cost items results in the following:
SUBMITTED PRORATED ADJUSTED
ITEM COSTS MOBILIZATION COSTS
Sanitary Sewer $ 75,000 $ 318 $ 75,318
Watermain $ 75,000 $ 318 $ 75,318
Storm Sewer $ 87,500 $ 372 $ 86,372
Street Constrution $116.000 $ 492 $116.492
$353,500 $1,500 $353,500
These adjusted costs should be used in thc Developer's Agreement.
PBMgM$..ENG95
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNFrY EI~LOYER
EXHIBIT A
JAMES R. HILL, IN(:.
Pt. ANNERS ENGINEERS SURVEYORS
2500 WEST COUNTY ROAD 42, SUITE 120, BURNSViLLE, MINNESOTA 55337 (612) 890-6044 FAX 890-6244
December 28, 1994
Mr. Bruce Loney, P.E.
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
RE: Cardinal Ridge 3rd Addition '
Dear Bruce:
We. have estimated the construction cost for the sanitary sewer, waterman
and storm sewer for the above referenced project. The construction costs
are as follows:
Sanitary Sewer
Watermain
Storm Sewer
Street Construction
$75,000
$75,000
, $87,500
$116,000
Total Estimated Construction
$353,500
If you have any questions or require additional information, please call.
Sincerely,
JAMES R. HILL, INC.
Joel O. Co°per, P.E~~
JGC:vjl
cc:Jim Johnston-Sienna Corp.
.EXHIB#T
QUANTITY
HEAS UNIT PRICE TOTAL
~' PVC
O,-i.O,
192.00
1S.16 Z,910.72
8' PVC
S~R SOR3S
lO'-L2'
794.00
15.16 12,037.04
8' PVC
$7&.00 LF
9,884.16
8' PVC
20 .~.6 L: ,249.28
O' .o:tC
!6 '-'.-.~ '
114.00 LF
22.t6 2.526.24
STANOARO
SAN ~H 0'-
14.00 EA 1.0S0.00 14,700.00
MAH~OLE
OEPT~
OVER
59.70 VF
87.09 $,~91.Z7
8'X4' PVC
SE~V!CE
39.00
2,318.94
4'
SOR25
SERV RISER
21.50 VF 10.87 223.70
4' PVC
SORC5
SERVICE
7.87 8.995.41
CONNECT
TO ~IST
SE~ER
1.00 EA l,SO1.73 1,$01.73
MATERIAL
SAHITARY
200.00 TN
2,087.00 LF
12.00 2,400.00
.SO 1,043.50'
SUB-TOTAL L
SECT[ON TOTAL
$ 75.000.00
EXHIBIT A
PROJECT NAME:
ITE~ QUANTITY HEAS UNIT PRICE TOTAL
B'
CL$2
WATERMAIN
1,235.00 LF 18.50 22,847.50
~' OIP
CL52
WATERMAIN
1,170.00 LF 16.92 19,796.40
HYDRANTS
W/GATE
VALVES
6.00 EA 1,$$0.00 9,900.00
GATE
VAL'IES
BOXE:.
5.00 EA 496.49 2,482.45
6' GATE
VAL'IES
BOXE~
2.00 EA 376.30 752.60
6'X6' OIP 2.00 EA 118.64 237.28
TEE~
6' 22 1/2 5.00 EA 95.43 477.15
OEG ~ENOS
PLUG 1.00 EA 100.00 100.00
B'X6' OIP 2.00 EA 146.38 292.76
REDUCER
B'XB' OIP 2.00 EA 149.51 299.02
TEE
B'X6' OIP 3.00 EA 146.39 439.17
TEE
8' tl I/4 2.00 EA 117.96 235.92
OEG ~ENO
8" 22 i/2 6.00 EA 117.96 707.76
DEG )ENO
8" SJ PLUG 1.00 iA 100.00 I00.00
1' 39.00 EA 40.33 1,S72.87
CORPQRATIO
N COC~S
1' CURB
STOPS ~
BOXES
39.00 EA 90.08 3.S13.12
1211519¢
PROJECT NAME:
EXHIBIT A
ITEM
QUANTITY MEAS UNIT PRICE TOTAL
I'K
COPPER
SERVICE
1,100.00 LF 7.84 8,624.00
CONNECT
TO EXISTIN
2.00 EA 711.00 1,422.00
BEOOING 100.00 TN 12.00 1,200.00
NATERIAL
SECTION TOTAL
SUB-TOTAL R1 : $ 75,000.00
24' RCP
STM CL3
0'-10'
78.00 LF 25.57 1,994.46
21' RCP
ST~ CL¢
0'-10'
270.00 LF 27.84 7,516.80
18' RCP
STM CL$
0'-10'
668.00 LF 23.93 15,985.24
15' RCP
STM CLS
O'-LO'
401.00 LF 22.20 8,902.20
12' RCP
STM CL5
0'-I0'
628.00 LF 19.05 11,963.40
SUMP
CBMH'S
2.00 EA 2,433.00 4,866.00
STORM
MANHOLES
0'-8'
3.00 EA 1,213.71 3,641.13
STORM
CBMH'S 0'-
8'
13.00 EA 1,298.71 16,883.23
2'X3' STH
CB'S
3.00 EA 823.31 2,469.93
24' APRON
U/TG
3.00 EA 948.(~2 2,84S
PROJECT NAME:
EXHIBIT A
ITEM QUANTITY
HEAS UNIT PRICE TOTAL
21' APRO~
W/TG
1.00 EA 744.11 744.11
18' APRON
~/T~
2.00 EA 607.05 1,214.10
12' APRON
1.00 EA 473.54 473.54
CONNECT
TO EXIST:)
2.00 EA SO0.O0 1,000.00
RIP RAP
60.00 CY 50.00 3,000.00
1.00 LS 1,500.00 i,SO0.O0
SECTION TOTAL
SUB-TOTAL P : $ 85,000.00
PROJECT TOTAL
$ 235,000.00
EXHIBIT A
CARDINAL RIDGE PHASE
ITEM
NOBILIZATI
ON
QUANTITY ~EAS UNIT PRICE TOT~k
1.00 LS 3,193.$5 3,193.55
EROSION
CONTROL
6,400.00 LF 2.00 !2,800.00
COHHON 35,819.00 CY
EXCAVATION
1.10 39,400.90
SUBGRAOE
EXCAVATION
12,737.00 CY 1.!0 14,010.70
SUBGRAOE
CORRECTION
13,530.00 CY 1.25 !5,912.50
NUCK
EXC,VATION
1,256.00 C'¢ 1 ..~0 1,88¢ .00
BORRO~
(ON SITE)
SELECT
3,771.00 CY 1.!0 4,148.10
RESPREAD
TOPSOIL
11,3B5.00 CY .~5 ? ,400
SEED.
~ULCH,
OISC
14.50 ~CRE $00.00 7,250.00
ROCK ~
ENTRANCES
2.00 EA 1,000.00 2,000.00
CURB
BACKFILL
l.O0 LS 6,000.00 6,000.00
PRO~ECT TOTAL
I15,000.00
EXHIBIT A
12115194
.CARDINAL ~IDGE PHASE
STEEETS
ITEM QUANTITY HEAS UNIT PRICE
.....
SUBGRADE 9,310.00 SY .33
PREP.
TOTAL
3,072.30
9,310.00 SY 1.71 15,920.10
7,795.00 SY 3.91 30,478.45
TACK COAT 405.00 GL 1.65 668.25
2341 BIT 7,795.00 SY 2.26 17,616.70
WEAR 1
I/2'
sURMNTAELE
CURB
GUTTER
4,203.00 LF 5.50 23,116.50
B-618
CONC.
CURB
245.00 LF 7.70 1,886.50
ADJUST
CATCH
BASINS
16.00 EA 7!.50
ADJUST
GATE VALVE
7.00 EA 165.00 1.155.00
AOJUST
MANHOLE
15.00 EA 220.00 3,300.00
4'WIOE
CONC. WALK
850.00 SF 20.76 17,646.00
PROJECT TO-TAL
116,003.80
EXHIBIT "B"
NO.
DATE:
TO:
CITY OF PRIOR LAKE
4629 DAKOTA STREET SE
PRIOR LAKE, MN 55372
Dear Sir or Madam:
We open Irrevocable Standby ~etter of Credit No
$ (SPELL OUT DOLLAR AMOUNT 00/11 USDLRS).
in the amount of USD
In favor of yourselves.
FOR THE ACCOUNT OF: ~NDIVIDUAL NAME FOR NAME OF DEVELOPMENT
DEVELOPER'S ADDRESS
Expires DATE
at our counters.
This is a clean Letter of Credit available against drafts drawn at sight on
BANK NAME ADDRESS , Minnesota bearing the clause: Drawn
under Standby Letter of Credit Number of BANK NAME ,
accompanied by this original Letter of Credit for endorsement.
SPECIAL CONDITION(S):
1. Drafts must purportedly be signed by the Mayor or the City
Manager of the City of Prior Lake.
2. This Letter of Credit is automatically renewable without
amendment for an additional one year period from the present
expiration date, unless (90) ninety days prior to said expiration
date we shall notify you in writing, by Registered Mail, that we
have elected not to renew this Letter of Credit. But in no event
shall the expiration date extend beyond DATE
Payment will be made at the counters of SANK NAME ,
Minnesota.
This credit is subject to the Uniform Customs and Practice for Documentary
Credits (1983 Revision) International Chamber 'of Commerce Publication No.
400.
Unless otherwise stated, all documents are to be forwarded to us by mail, or
hand delivered to our counters.
Documents to be directed to: BANK NAME AND ADDRESS
We hereby engage with drawers and/or bona fide holders that drafts drawn and
negotiated in conformity with the terms of this credit will be duly honored
upon presentation. -'
BANK NAME
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
EXHIBIT C
Z
LU
"3
EXHIBIT
LLI
EXHIBIT C
EXlqItIIT D
DEVELOPER AND CITY COST SUMMARY
The following is a s,,mmary of developer and City costs for Cardinal Ridge Third
Addition. The net area of the final plat is 515,973 square feet.
DEVELOPER COSTS
6% Administration Fee
Trunk Sewer & Water Fee
Stormwater Management Fee
Collector Street Fee
Traffic Signs
DEVELOPER OWES CITY/TOTAL
21,210.00
o.oo
86,683.46
17,767.67
150.00
$ 125,811.13
CITY COSTS
Sewer & Water Trunk Costs
(Trunk Reserve)
Storm Sewer Costs
(Trunk Reserve)
Trails & Sidewalk Costs
(Capital Park Fund)
CITY OWES DEVELOPER/TOTAL
$ 0.00
$ 89,171.52
$ 0.00
$ 89,171.52
CARDINAL RIDGE TBIRD ADDmON
The following is an itemization of the project costs:
Sanitary Sewer *
Watermain *
Storm Sewer *
Street *
TOTAL PROJECT COST
*Adjusted for prorata mobilization
$ 75,318.00
$ 75,318.00
$ 86,372.00
$ 116,492.00
w '~'
$ 353,50C.00
DEVELOPER CO~TS
Determine 6% Project Administration Fee:
TOTAL CONSTRUCTION COST
Developer 6% Administration Fee:
6% of $353,500.00
Determine Amount of Letter of Credit:
Project Cost Total
125% ($356,299.52)
Determine Developer Stormwater Management Fee:
Net lot area is 515,973 sq. ft.
.168/sq. ft (515,973) sq. ft.
Determine Developer Collector Street Fee:
Net lot area is 515,973 sq. ft.
$1,500/ac. x 515,973 sq.ft./43,560 sq.ft./ac.
Amount Developer owes for traffic signs
3 signs @ $50/sign
CITY COSTS
Storm Sewer Credit (Pathway culverts previously
constructed in Cardinal Cardinal Ridge 2nd)
Developer's Storm Sewer Cost
(From Exhibit A)
..
TOTAL 'STORM SEWER COSTS
$ 353,5OO.OO
$ 21,210.00
$ 353,500.00
$ 441,875.00
$ 86,683.46
$ 17,767.67
.- $
$ 150.00
$ 2,799.52
$ 86,372.00
89,171.52
~HCRD.ENG95
EXHIBIT
SPECIAl, CONDITIONS
1. 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 light system until the
City accepts the project, at which time the billing shall be transferred to the
City. 100 or 150 watt high pressure sodb~m lights in traditional or
cobra-head style (as approved by the City and the utility) shall be the
standard for new subdivisions. Where a portion of the development is
already lit, new lights shall match in style and wattage those already in
place.
2. The Developer will maintain the temporary and permanent sedimentation
basins and erosion control until 90% of the lots in the third addition have turf
established. Removal of temporary sedimentation basins may be in
conjunction with other projects if acceptable to the City Engineer. The Letter
of Credit provided shall be retained in an amount sufficient to restore the
temporary sedimentation basins. The ~mount will be determined by the City
Engineer. The Developer is responsible for the cleaning of the ponds prior to
acceptance by the City.
3. The Developer is responsible for installing all the lot corners by November 1,
1995.
4. Appropriate drainage and utility easements be provided on the plat
acceptable to the City Engineer.
5. Final Plans have not been approved by the Citfs Engineering Department.
Any necessary changes to the Plans as determined by the City Engineer will
be at the Developer's Cost.
6. As-built grading and development plan shall be provided upon completion of
grading and shall be acceptable to the City Engineer.
7. All costs calculated within 'ihe context of this Development Contract are
determined to be final and are not subject to adjustment. (Developer has
option of utilizing actual bid versus cost estimates at time of calculation.)
8. Building permits will not be issued until lot grading, topsoil placement,
erosion control, and required turf placement are completed. Building perr~.~.t~
can be obtained in Blocks rather than waiting until the entire subdi~.s~.c.~-
grading is complete.
EXHCRE.ENG95
EXHIBIT "F"
POLICY FOR PRIVATE DEVELOPMENT PROJECTS
CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING
REQUIREMENTS
It is the policy of the City of Prior Lake that construction activity for all private development
projects within the city shall be inspected by city staff personnel or city engineering consultant
firm personnel. The construction inspection fee charged to the private development shall be
based upon the fee structure outlined in this policy and the actual engineering services completed
by the city's Engineering Department or their consultant's representative.
CONSTRUCTION INSPECTION ENGINEERING SERVICES FEE STRUCTURF~
Private development projects shall be financially responsible for the engineering inspection and
testing services of the development to the city. The invoices received by the city from
engineering consultants performing inspection or material testing work shall be forwarded to the
Developer for payment. The Developer shall have twenty (20) days in which to pay the invoice
to the consultant firm from the date of receipt of the invoice by the City of Prior Lake. In the
event that payment of an invoice is not made within the twenty (20) day period, the city will
draw on the Developer's letter of credit to pay the invoices received from the city's consultants.
The city will adjust the letter of credit amount in a way to maintain 25% of the net construction
cost plus the remaining consm~ction cost of the project as detexwnined by the City Engineen If
city staff is used for construction inspection or testing services, the hourly charge shall be as per
the rates established by the city's Finance Director.
CONSTRUCTION INSPECTION SERVICES
Tile construction inspection setwices includes the inspecting of public infrastructure construction
relating to the development.
Tile consu'uction inspection service shall include'
lo
Inspection of public improvement systems which include grading, sanitm-y sewer,
watermain, storm sewer/ponding, and street systems. Grading inspection is for
overview of drainage swales and not for detail site grading.
.
o
Documentation of construction work and all testing of improvements.
..
..
As-built location dimensions for sanitary sewer, watermain, and storm sewer
facilities.
.
Coordination with testing company for soil and material testing and actual
material testing costs as performed by city consultants or city staff.
All other construction sex'vices are to be provided by the developer's engineer which include the
following:
o
..
Construction surveying
As-built drawings of development improvements (Tie dimensions
water services from city staff or city consultant)
Construction quantifies
Change Orders
Construction administration of project
Construction payment vouchers
to sewer and
EXHIBIT G
Bond No.
PERFORMANCE/WARRANTY BOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
firmly bound unto the
City_ of Prior Lake
(Surety) are held and
(Obligee), in the amount of
dollars
($ .) for payment whereof Principal and Surety jointly and severally bind
themselves and their respective heirs, successors, assigns and legal representatives firmly by
these presents.
WHEREAS, Principal has heretofore deposited with the City of Prior Lake, Letters of Credit to
guaranty the completion of payment for and maintenance of the public improvements as set forth
in the Developer's Agreement dated between Principal and
Obligee for the including, but not limited to,
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the First Completion
Date was completed on (the First Completion Date) and the
Principal has requested the City to reduce the Letters of Credit; and
WHEREAS, the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
Performance/Warranty Bond in the penal sum of $ to guaranty
performance of Principal's obligations as set forth in the Developer's Agreement;
NOW, THEREFORE, if the Principal shall for and within the period of 12 months from and
after the Final Completion Date as described in the Developer's Agreement; (1) maintain the
Public Improvements, (2) repair any damage to the Public Improvements caused by the
Principal, its agents, servants, employees, successors or assigns, or any subcontractor hired by
such contractor, (3) repair or replace any defective workmanship or material in the Public
Improvements, and (4) make good and protect the Obligee against the results of any defective
workmanship or materials appearing t6 have been incorporated in any part of the Public
Improvements which shall have appeared or been discovered within'_._12~ months after the
Final Completion Date, and cover all obligations including attorney fees, administrative costs,
and all Developer obligations for payment of contractors, subcontractors and
suppliers/materialmen as required by the Developer's Agreement, then this obligation shall be
null and void; otherwise, to remain in full force and effect.
For purposes of this Performance/Warranty Bond, Principal and Surety agree that in the event
that any Public Improvements are damaged, the burden shall be on the Principal to show that
such damage was not caused by Principal, its agents, servants, employees, successors or assigns
or by any contractor hired by Principal, its agents, servants, employees, successors or assigns, or
any subcontractor hired by such contractor;
Any suit under this Bond must be instituted before the expiration date of two (2) years after the
Completion Date;
No right of action shall accrue under this Bond to. or for the use of any person or corporation
other than the Obligee, its successors or legal representatives.
Any notice required hereunder shall be deemed properly served when deposited in the U.S. Mail,
certified, postage prepaid, addressed to any party at its address hereinafter set forth.
SIGNED, SEALED AND DATED this~
day of 19__.
In the presence of:
By:
Principal
By:
Surety
Attorney-in-Fact
BOND.ENG