HomeMy WebLinkAbout8E - Preserve at the Wilds
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
ALTERNATIVES:
STAFF AGENDA REPORT
8E
DEB GARROSS, DRC COORDINATOR
CONSIDER ADOPTION OF RESOLUTION 95-48
APPROVING THE FINAL PLAT AND DEVELOPER'S
AGREEMENT FOR PRESERVE AT THE WilDS.
JUNE 5, 1995
The purpose of this item is to consider the final plat of
"Preserve at the Wilds." Prior Lake Development L. P.,
represented by Timn Jacobs, Project Manager, has filed for
final plat approval for the fifth phase of development at The
Wilds, (Outlot L, The Wilds). The final plat of Preserve at the
Wilds, (see attached drawings), has been reviewed according
to Subdivision Ordinance 87-10 Procedures and Data required
for Final Plat. A copy of the signed developer's agreement for
installation of the street, and utilities within the plat is attached
to this agenda report.
The land use designation for Outlot L, was changed in January,
1995 by the City Council from attached to 9, detached villa
units. The final plat of Preserve at the Wilds is consistent with
the amended PUD plan for The Wilds, PUD 9-93. The
development will contain a private street (Preserve Boulevard)
and 9 single family homes. The lots will be maintained and
owned by a private homeowner's association. The developer,
Prior Lake Development L.P. will install the street and utilities
and partially grade the site. A "second tier" developer,
Paramount, will "custom grade" each lot and build the units.
1. Adopt Resolution 95-48 approving the final plat and
developer's agreement for "Preserve at the Wilds."
2. Continue the item for specific reasons.
3. Deny the final plat finding it is not in substantial
compliance with the preliminary plat.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion to adopt Resolution 95-48 approving the final plat and
developer's agreement for ~~Preserve at the Wilds" as submitted
/
or wit~?'fnge5,. . cted ~y the City Council.
'.~J
Reviewed 81: Fr
i
RESOLUTION 95-48
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH
CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLA T OF
IIPRESERVE A T THE WILDS".
MOTION BY: SECOND BY:
WHEREAS: the Prior Lake Planning Commission conducted a public hearing 011 May 22. 1995
and recommended that the City Council approve the preliminary plat of "Preserve at
the \Vilds" subject to the conditions of Resolution 95-07PC~ and
WHEREAS: the City Council held a hearing on June 5, 1995 and approved the preliminary plat of
"Preserve at the Wilds" subject to the conditions of Resolution 95-47: and
WHEREAS: the City Council has found that the final plat of "Preserve at the Wilds" IS In
substantial compliance with the approved preliminary plat; and
WHEREAS: The City Council has approved the final plat of "Preserve at the Wilds".
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, orior 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 developer submit homeowner association agreements and declaration of covenants to be
approved by the City Attorney. The following information must be filed with the deeds to each
lot:
. Deed restrictions, indicating the developer, not the City, is responsible for any drainage
problems that may occur within the subdivision.
. Deed restrictions, indicating that it is the responsibility of the developer to provide a
"custom" grading plan for each lot and that any amendments required in the subdivision
grading plan which occur due to individual lot "custom" grading, shall be the responsibility
of Prior Lake Development L.P.
. Deed restrictions, indicating that the maintenance of the private road (Preserve Boulevard)
will be the responsibility of the homeowner's association, and not the City of Prior Lake.
"RS9548"
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The deed restrictions should also state that "Preserve Boulevard" remam private m
perpetuity.
. Deed restrictions, indicating the existence of the Tree Preservation Plan and indicating the
City has the right to require and approve any tree removal and replacement plans that
deviate from the approved Tree Preservation Plan.
. Deed restrictions, establishing the responsibility for the maintenance of the subdivision sign,
or signs, over the entire subdivision.
3. The developer provide appropriate easements for the subdivision sign, over the property where
the sign is to be located. The developer shall be responsible for filing the easement with Scott
County.
4. Payment of all fees including but not limited to: final plat fee of $ 45.00 dollars~ trunk sewer
charge. storm water management fee, collector street fee and all other fees associated with the
developers agreement.
5. The developer's agreement. as drafted by the City Engineer, shall be signed and fully executed
prior to the release of the final plat.
6. Reductions of the entire plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and one
reduction at no scale which fits onto an 8 1/2" x 11" sheet of paper.
7. Four mylar sets of the final plat with all required signatures be submitted.
8. A complete set of final construction plans and specifications for all public works facilities for
subdivision be submitted in accordance with the requirements of the "Public Works Design
Manual." (See attached Exhibit B, memo from Jeffrey Evens dated May 31, 1995, for reference
to required changes).
9. Utility and drainage easements along with an erosion control plan and sewer/water plan be
revised acceptable to the City Engineer. All easement including those necessary on the plat be
granted. acceptable to the City Engineer. The Developer shall be responsible for filing all
easements with Scott County.
10. The developer grant an easement over, under and above Wilds Lane for public utility purposes.
The Developer shall be responsible for filing all easements with Scott County.
11. The developer provide an easement for access from Wilds Parkway to the plat of Sterling South
and the plat of "Preserve at the Wilds." The developer shall be responsible to file the easement
with Scott County.
12. The developer provide an easement for common driveway access to Lots 2 and 3, "Preserve at
the Wilds." The developer shall be responsible to file the easement with Scott County.
13. The developer comply with the attached tree preservation materials, (Exhibit A), including tree
protection and replacement measures to implement the Tree Preservation Plan.
"RS954S" 2
14. 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.
15. The final plat and all pertinent documents must be filed with Scott County with in 60 days from
the date of final plat approval. Failure to record the documents by August 5, 1995, will render
the final plat null and void.
Passed and adopted this 5th day of June, 1995.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
SCHENCK
SCOTT
ANDREN
GREENFIELD
KEDROWSKI
SCHENCK
SCOTT
Frank Boyles, City Manager
City of Prior Lake
{ Seal}
"RS954S"
3
EXHIBIT A
Any person owning any vacant land, creating any new development, or proposing to
subdivide any land in the City shall be governed by the following provisions.
A Restrictions for removal - Permit Required. Any person removing any tree
except dead or diseased trees for any purpose on vacant land or land to be
redeveloped, shall be governed by the following provisions:
1. No significant tree shall be cut down, destroyed, or removed from any
property unless it is authorized by a permit issued by the City in a
manner provided by this section.
2. Noland shall be altered which will result in the removal or destruction
of any significant tree unle&s the destruction is authorized by a permit
issued by the City in the manner provided in this section.
3. Permit Application. The application for such permit shall include the
following:
a. The name and address of person applying for the permit.
b. The name and address of the property owner.
c. A tree inventory of the site certified by a registered land
surveyor, landscape architect, or forester which identifies the
size, species, condition, and locations on' tae land of all existing
significant trees on the property. In addition this inventory
shall identify all significant trees which will be cut down,
removed, or lost.
d. Where the tree removal involves land alteration a topographic
map having a minimum scale of one (1) inch equals flfty (50)
feet and elevation contours at two (2) foot intervals. This map
shall indicate all existing and proposed contours including site
grading and the location of all proposed building pads and the
location of existing significant trees.
e. Where the tree removal involves land alteration, a land
alteration plan which identifies the following:
1.
any grade change or land alteration whether temporary
or permanent, of greater than one (1) foot measured
vertically, affecting 50% (as measured on a horizontal
plane) or more of a tree's root zone.
11.
utility construction which may result in the cutting of
50% or more of a tree's roots within the root zone.
ill.
any areas where soil compaction is planned to a depth ~f
6 inches or more of 50% or more of the surface of the soil
within a root,zone.
g.
A plan for the protection of trees intended to be saved.
A statement of the proposed use of the land inc~u~ing a
description of the type of building or structure eXlstlng or
proposed to be constructed on the site.
The number, type and size of trees required to be replaced by
this Section.
f.
h.
1. The proposed locations of the replacement trees.
2. Approv~ of a :permit for the removal of any significant tree or for land
alter~t~on which results ~ tree destruction shall be subject to and
condl~loned ~pon complIance by the owner or developer with the
folloWIng reqwrements:
a. Th~ ?wner or developer shall replace the loss or reasonably
~tic;pated loss due to destruction, grading or building of all live
sIgnIficant trees. The amount of trees to be provided in
replacement shall be determined by the following formula:
((AIB) x C) xA = D
A = Total diameter inches of significant trees lost as a result of land
alteration or removal.
B = Total diameter inches of significant trees situated on the land.
C = Tree replacement constant (1.5).
D = Replacement Trees (Number of caliper inches).
b. Location of replacement trees. ~eplacement trees shall be
planted on: .
1.
restoration areas including steep slopes
11.
common areas
ill.
bufferyards between different land uses or activities
Project entrance areas
AIJ..y other part of the parcel except that dedicated ?r
conveyed to the City, unless the City consents In
writing.
IV.
v.
Vl.
If there is insufficient area within the project to plant
the required replacement trees~ these may b: p~anted
within any park. open space. 0:- boulev~d Wlthm t.he
City as determined by the CIty provlded the CIty
consents in writing.
c. Exemptions
The provisions of Section 14:4-11.3 ~hall not apply to trees
removed from existing lots of record In the R- L R-2, and R-3
Use Districts which are developed or intended to be developed
with single family or two family dwellings on the effective date
of this Ordinance.
The trees required to be replaced by this Se.c~ion shall be i~ addition to any other
trees required to be planted by any other proVlSlon of the Ordm.ance.
ST~~ARDSFORREPLACEMENT
A All trees required to be replaced by Section 14:4-11 shall be replaced in the
following manner:
1. Sizes o( Replacement Trees. Replacement trees must be no less than
the following sizes:
a. Deciduous Trees - No less than 2 1/2 caliper inches (diameter 1
foot above the ground).
b. Coniferous Trees - No less than 6' high.
2. Types of Replacement Trees. Replacement trees shall be of a species
similar to the trees which are lost or rp.moved
3. Time to Perform
Replacement trees shall be planted within 18 months from the date
the permit authorizing the removal of trees is issued.
4. Missing, Dead or Unhealthy Trees. Any replacement tree which is not
alive and healthy one (1) year following the date that it was planted
shall be replaced with a new healthy tree of the same size and species
as the removed tree not more than 'one (1) year after the first
anniversary of the planting of the replacement tree.
5. Sources of Trees. Replacement trees shall consist of "certified nursery
stor-klt as defined by Minnesota Statutes Section No. 18.46.
6. Method of Planting. All trees shall be installed according to the
planting specifications cf -ll1e C\~ c.r 7Q.IO ~ LAkE..
B. Agreement to Replace Trees. Before approval of a permit for any tree removal
or for any land alteration which will cause the destruction of any significant
tree for which replacement is required by this Section, the owner or developer
shall:
1. Enter into a written agreement with the City on a form approved by
the City 1'Ianager and the City Attorney in which the developer
undertakes to comply with the provisions and conditions imposed by
this Section and the Owner or Developer shall indemnify the City
against any loss, cost or expense, including an amount payable for
reasonable attorneys' fees incurred in enforcing the terms of the
agreement;
2. A surety in a form approved by the City Manager shall be provided to
insure the obligations of that agreement will be performed. The
amount of surety shall be 125 percent of the estimated cost necessary
to furnish and plant the replacement trees and shall be at least as
much as the amount charged by nurseries for the furnishing and
planting of trees. The estimated cost shall be subject to approval by
the City. If the estimated cost submitted by the Developer to the City
is not approved by the City, the City shall have the exclusive right to
determine the estimated cost.
The surety shall be maintained for at least one (1) year after the date that the
last replacement tree has been planted. The City may release 125. percent of
the estimated cost of replacement of all trees which are certified by the City to
be alive and healthy at the end of the year after they were planted and if all of
the trees intended to be saved are alive-and healthy. To be certified as alive
and healthy the following conditions must exist.
1. No tree shall have sustained mechanical injury to the trunk of a tree
causing loss of more than 40% of the bark circumference of the tree at
any location along the tree's trunk.
14:4-11 RESTRICTIONS FOR TREE REMOVAL
2. No tree shall have had soil compacted to 6 inches deep over more than
50 percent it its root zone. .
3. No tree shall have had more than 50 percent of its roots cut for the
installation of any utility or for any other purpose.
That part of the security which has not been released at the end of that year
shall be retained and shall secure the Developer's obligation to remove and
replant replacement trees which are not alive or. are unhealthy at the end of
the year and to replant missing trees. The entire security may be released
one year after the replanting of such trees has been satisfactorily completed if
the City has certified that those replacement trees are alive and healthy.
None of the security shall be released until the Developer's obligations to
indemnify the City for any expenses incurred in enforcing the terms of the
agreement are satisfied.
SECTION 14:4-11.6 TREE PROTECTION
All trees which are to be retained on any site shall be marked and physically
protected from harm or destruction caused by soil compaction, bark abrasions, and
root cutting during construction.
A Before any construction or grading of any development project occurs,
snowfencing or erosion control fencing shall be placed around the borders of
woodlots or the drip lines of significant trees to be preserved. Signs shall be
placed along this fence line prohibiting grading beyond the fence line.
B. No equipment., construction materials, or soil may be stored within the drip
lines of any significant trees to be preseI"\Ted.
PEN.ALTIES FOR VIOLATION
Any perso~ who is not aut~o~ed by th.e City who removes any tree from any public
property Wlthout .first ?btammg a penmt and any person who fails ~ce trees in
the ~er proVlded m this ~ubsection shall, in addition to the-: . . ': penalities
prescrIbed by law, be requIred to pay to the CIty the estimated cost or tree
replacement in the amount determined by the City. Upon determination that this
has occurred, the City shall submit a bill for the amount of tree replacement. If that
amount is not received by the City within ninety (90) days. such amount shall be
assessed as a special assessment on any land owned by the person violatino- this
Ordinance which is located in the City. b
EXHIBIT B
INTEROFFICE MEMO
To: Deb Garross, DRC Coordinator
From: Jeffrey T. Evens, Engineering Technician IV
Re: The Preserve at the Wilds - Final Plat
Date: May 31, 1995
The following is a list of items that are required for approval of the Final
Construction drawings per the Engineering department for above
mentioned plat. All items need to be submitted by June 12, 1995.
SHEET 1
1. City Project Number 95-36 shall be shown on this sheet and all others.
SHEET 2
2. Item number 1 applies to this sheet.
SHEET 3
3. The location of the curb boxes shown on these plans are unacceptable. The curb boxes
shall not be located in the driveways. Change plans to reflect this request.
4. Note number 2 & 7 needs to be changed or removed. The set backs shall refer to
Outlot "A" and/or the back of curb. The locations of the curb boxes shall be 10' from
back of curb.
5. All curb boxes shall be located within the easement. Lot 2 appears to be in conflict
with this.
SHEET 4
6. Item number 1 applies to this sheet.
SHEETS
7. Item number 1 applies to this sheet.
SHEET 6
8. Several dates on the lower portion of this sheet are labeled (10-14-95), this date
appears to be incorrect. Change to correct date.
9. Existing contours shall be clearly shown on this plan.
10. Storm sewer calculations shall be submitted along with a revised grading plan.
SHEET 7
11. Items number 8 & 9 apply to this sheet.
SHEET 8
12. Items number 8 & 9 apply to this sheet.
Reviewed by:
Eng' eering Department ORe Coordinator
L
"FPAPP'
FP Cf2-fia
PID: ~ 5'~or1 o~~ fJ
CITY OF PRIOR LAKE
FINAL PLAT APPLICATION FORM
Property Owner: _ _ ~~":" ::x~~ , /..-~(.,.J--~::f~ .
Address: .,;; ':>'-' 0 w -JL.-L:, r~() j:~",:U~ ,)\.-"".
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Developer: &-"~ '-.:L-
Address: \ -.
Phone: 115"""- f155'-
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Phone:
Agent:
Address:
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Phone:
Name of Engineer:
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Phone: 1>4' (; ct /- / OJ ( f-
Name of Surveyor: .~~~~
Phone:
Legal Description of Property:(May be attached)
O,,~:-f '[_I ~ IIJ~~CJu
Present Zoning: P U 0
Deed Restrictions: No ''-...J
Property Acreage: 3, 'i c~~
Yes_ If so, please attach.
I have read the Prior Lake Subdivision Ordinance and agree to provide the information and do
the work in accorgance with the provisions of the Ordinance.
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Applic~nts Sig~.re '.. .___)
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,,\ .- , . ~ -.',
~ Fee Owners Signature
5/~f/0r
Date'
Date
THIS SECTION TO BE FILLED IN BY THE PLANNING DIRECTOR
APPROVED
APPROVED
_DENIED
_DENIED
HEARING DATE
HEARING DATE
PLAN. COM.
C. COUNCIL
CONDITIONS:
Signature of the Planning Director
Date
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L~l__~ y
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the 5th day of ~1995 , by and
among City of Prior Lake, a municipal corporation organized under the laws of the State of
Minnesota, and Prior Lake Development Limited Partnership, a Minnesota Limited Partnership
and Duininck Bros., Inc., 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
Preserve At The Wilds 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 EXIDBITS.
In this Agreement the following terms shall have the following respective
meanings unless the context hereof clearly requires otherwise:
a. "Agreement" means this Contract for Development of Land in the City of Prior
Lake, Minnesota, by and between City and Developer Prior Lake Development
Limited Partnership and Duininck Bros.. Inc. , as the same may be from time to
time modified, amended or supplemented.
b. "Cash Escrow Deposit" means a cash deposit with the City Finance Director in
the amount of $M.Q (125% of.Cost of Developers Improvements).
c. "City" means the City of Prior Lake, a governmental subdivision of the State of
Minnesota.
d. "City Attorney" means the City Attorney of the City of Prior Lake.
e. "City Council" means the Prior Lake City Council.
f. "City Engineer" means the City Engineer of the City of Prior Lake.
Page 1
g. "City Finance Director" means the City Finance Director of the City of Prior
Lake.
h. "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.
1. "Developer" means Prior Lake Development Limited Partnership and Duininck
Bros.. Inc. its successors and assigns.
J. "Developer's Installed and Financed Improvements" means the construction
work to be performed by Developer on the Property including, but not limited to,
the trees, 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.
k. "Event of Default" shall mean whenever it is used in this Agreement anyone 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.
1. "First Completion Date" means November 1. 1922.
m. "Second Completion Date" means Au~ust 1. 192,6.
n. "Letter of Credit" means an irrevocable letter of credit in the amount of
$159398.06 (125% of Cost of Improvements) in the form of Exhibit B.
o. "Including" means including, but not limited to.
p. "Performance/Warranty Bond" means a PerformancelWarranty Bond In the
form of Exhibit G in an amount as specified by the City Engineer.
q. "Permanent Street Improvements" means permanent street surfacing in
accordance with the policies and ordinances of City as City may adopt from time
to time.
Page 2
r. "Policy for Private Development Projects" means the policy for such projects
adopted by the City Council as may be amended the current policy of which is
attached as Exhibit F.
s. "Property" means the real property, together with improvements, if any,
desc;ibed in Exhibit C.
t. "Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the Minnesota State Board of Registration for Architects,
Engineers, and Land Surveyors.
u. "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.
v. "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.
w. "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.
x. "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.
y. "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.
z. "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.
aa. "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 subdivision hereof.
Page 3
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
refer~~ce 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 - PerformancelWarranty Bond
Exhibit H - Residential Street Lighting Policy
2. DEVELOPER IMPROVEMENTS
Developer shall construct and install, at Developer's expense (except as
hereinafter provided), the Developer Improvements, in accordance with the terms
of this 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 commenceII1ent 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 ~ 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.
Page 4
Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary
Sewer Improvements and Watermain Improvements shall be completed by the
First Completion Date. Permanent Street Improvements and Traffic Signing
Improvements and all other Developer Improvements as per plans and
specifications shall be completed by the Second Completion Date.
Noncompliance with either the First Completion Date or the Second Completion
Date will cause the Letter of Credit or Cash Escrow Deposit to be called on,
unless an extension of time is granted by City Engineer in his sole and absolute
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.
B. Documentation of construction work and all testing of
improvements.
C. As-built location dimensions for sanitary sewer, watermain, and
storm sewer facilities.
D. 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. ~onstruction surveying.
B. As-built drawings of development improvements (Tie dimensions
to sewer and water services from City staff or City consultant).
C. Construction quantities.
D. Change orders.
E. Construction administration of project.
F. Construction payment vouchers.
G. 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 shall be
certified by the Minnesota Department of Transportation or have
Page 5
equivalent certification. The City Engineer may require additional
testing if in his opinion adequate testing is not being performed.
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.
3. DEVELOPER REPRESENTATIONS.
Developer represents and warrants that neither the execution and delivery of this
Agreement, the consummation of the transactions contemplated hereby, nor the
fulfillment of or a compliance with the terms and conditions of this Agreement is
prevented or limited by, or in conflict with or will result in breach of, the terms,
conditions or provisions of any restriction of 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, stat~ and federal government authorities.
4. OVERSIZING
City and Developer agree that the Developer Improvements should be oversized
for the benefit of future development. City and Developer agree that the cost of
system oversizing to be reimbursed to the Developer is.$.QJ2Q 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.)
$ 0.168/net sq. ft.
Collector Street Fee
$1,500.00/net acre
Page 6
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 to
Developer, calculations and/or determinations of them, as made by or on behalf of
City or all "oversizing" requirements of Developer as may be specified and
contained in this Agreement or 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.
5. 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 anyone 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 prov.ision 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.
6. STREET MAINTENANCE DURING CONSTRUCTION.
Developer shall be responsible for all street maintenance until the Subdivision is
accepted by the City. Warning signs shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing attention to
detours. If and when streets become impassable, such streets shall be barricaded
Page 7
and closed. Developer shall be responsible for keeping streets within and without
the Subdivision swept clean of dirt and debris that may spill or wash onto the
streets. The Developer shall daily clean streets of dirt and debris which has
resulted from construction work by the Developer and its agents or assigns.
7. ACCEPTANCE OF SUBDIVISION
AND DEVELOPER IMPROVEMENTS.
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 250/0 of the original cost of the Developer Improvements.
The 25% Letter of Credit guarantee amount can be reduced upon the following
conditions:
A. 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.
8. RELEASE. HOLD HARMLESS.
Developer releases from and covenants and agrees that City and the governing
body members, officers, agents, servants and employees thereof (hereinafter for
Page 8
purposes of this paragraph, the "indemnified parties") shall not be liable for and
agrees to indemnify and hold harmless the indemnified parties against any loss or
damage to property or any injury to or death of any person occurring at or about
or resulting from any defect in the Property or Developer Improvements.
9. DEFAULT.
Whenever an Event of Default occurs, City may take anyone or more of the
following actions without notification:
a. City may suspend its performance under the Agreement.
b. City may cancel and rescind this Agreement.
c. 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.
d. City may take whatever action. including legal or administrative action,
which may appear necessary or desirable to City to collect any payments
due under this Agreement or to enforce performance and observance of
any obligation, agreement or covenant of Developer under this
Agreement.
e. City may suspend issuance of Building Permits and/or Occupancy Permits
on Developer's lots.
10. NON-DISCRIMINATION.
The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1
of the Prior Lake City Code as may be modified, which relate to civil rights and
discrimination and affirmative action shall be considered a part of this Agreement
as though whol~y set forth herein, and Developer agrees to comply therewith.
11. 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.
12. 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
Page 9
subsequent purchasers and encumbrances of all or any part of the Subdivision.
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.
1800 IDS Center
80th South 8th Street
Minneapolis MN 55402
If to Developer:
Prior Lake Development Limited Partnership
%Pioneer Engineering, P.A.
2422 Enterprise Drive
Mendota Heights, MN 55120
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.
Page 10
~' \_,' ~ J ., ~ I 'oj 1-...... I _' ;_! r' I r Ii 1 ,; _ :.. :.
j~L:l-0!12-978-4978
Jun 01'95
10:40 No.012 P.02/(
Whenever an Event of Default occurs and City shall employ attorneys or incur
other eitpc~c~.. including cmploym<:nt of expcrt3. fc!' the coilcction of ?a~.m~nt!
due or to become due or for the enforcement or performance or observance of any
obligation or agreement en the part of .Developer herein cOQtaine~ Devetoper
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 hoid
harI!'less. indemnify and defend Cizy and itS employe~c; against any clairns or
actions brought as a result of Developer's performCLice under this Agreem~nt or
as a. result of alleged actions or omissions 00 th. pa.rt of Devclopery its employees
or agents.
IN ~1Th~SS WHEREOF. City and Developer have cau...~d this Agreemenr (0 be duly
executed on the day and year fltSt above written.
Approved by the Ci~i Council on the _ day of
~ 19~.
APPROVED AS TO FOR.i\1:
DEVELOPER:
Bv
"
PRIOR L.;.KE DEVELOP~fE!\"T
LL.\UTED PARTNERSHIP P 7
./ " --...-. -. ~/ .,----;;;>
,/ , ..-" -~ 1" ./-:::;:::;
..---~ '/' .~.-.
Bv.:" - . . ";or~
., L l..
Gle!'.n R. Kessel
By
Its Preside!lt. Gene:-.J Partnc(
DlJ"L'lINCK BROS.~ ~Co //~~ ,/7
4; 1/0"'-'- /,"
~~/,/ /',/'
~ ,/ /'
Bv PjV I
- 7
C11Y OF PRIOR LAKE:
Irs I\.1ayor
Its Pre:>il1ellt See /Z.<:- Try
By
Its Ciry ~1anager
[This Agreement must be signed b)' ill parties having an interest in the Property. J
Page ! 1
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 by authority of its City
Council and acknowledged said instrument to be the free act and deed of said municipal
corporation.
Notary Public
STATE OF MINNESOTA}
} ss:
COUNTY OF SCOTT }
On the day day of , 1995, before me, a Notary Public,
with and for said County personally appeared , to me
personally known, as the President of RKB, Inc, a Minnesota corporation, General Partner of
Prior Lake Development Limited Partnership, a Minnesota Limited Partnership, named in the
foregoing instrument; and that said instrument was signed on behalf of the Limited partnership
and acknowledged said instrument to be the free act and deed of the General Partner of the
Limited Partnership.
Notary Public
STATE OF MINNESOTA}
} SS
COUNTY OF
On the day of , 1995, before me, a Notary Public,
with and for said County personally appeared
and , who are the
of Duininck Bros., Inc. a Minnesota corporation, named in the foregoing instrument: that said
instrument was signed on behalf of the corporation acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
Page 12
DUININCK COMPRNIES
TEL:1-612-978-4978
Ju.n 01 '95
11:12 No.016 P.Ol/01
NOTE TO DEVELOPERS;
The costS whether a bid or estimate~ as set forth in the Developer's Agreement are fixed. There
is no reimbursement to the Clty. by the <kve!oper for cost mlder rens Qr to the developer by tbe
City for cost over run.!.
,7. ./../'
7
~.~../
~
CITY OF PRIOR LAKE:
Develuper
// .'7 ' .....;r- /
. "., ~II i .....'../ j .
" "? . / A'
.,/ '~...,'; . fi ' ,.'-
~ / j ,.', .J.,'" ...
.n~ ~~ " \J ~~.,/ -.'-____-
.;~veloper
~
Mayer
City of Prior Lake
Frank BDyles City Manager
City of Prior Lake
City of Prior Lake
DAPATW..WRT/ENG95
EXHIBIT A
BID PROPOSAL ESTIMATE
FOR
CONTRACT PROPOSAL
FOR
THE PRESERVE AT THE WILDS
IN
PRIOR LAKE, MINNESOTA
- REVISED 4/14/95
Prior Lake Development, P.P.
c/o Pioneer Engineering, P.A.
2422 Enterprise Orive
Hendota Heights, Minnesota 55120
RE: Bid opening at Pioneer Engineering, P.A., 2422
Enterprise Drive, Mendota Heights, Minnesota 55120.
Dear Sir:
The undersigned bidder, having examined the site of the proposed work, and having full
~nowledge of the conditions under which the work must be performed, hereby proposes
that he enter into and perform the contract set forth in the Contract Documents, of
which this proposal forms a part, and will do the construction therein described on the
terms and conditions therein set forth, and that he will furnish all required labor,
tools, equipment, and materials, and pay all incidental costs, all in strict conformity
with the Contract Documents, for the following prices as payment in full.
Section A - Grading & Erosion Control
2900
L.F. Erosion Control Fence Installed @
~
2 /L.F. = $
~
2231
C.Y. Common Excavation
/C.Y.= $
@
1661
5()
'-I ,.....
/C.Y.= $
C.Y. Common Borrow
@
2.20
Acres Seed & Mulch
CJ<.
7.so /Acre= $
@
700 C.Y. Topsoil Respread
~
/
/C.Y.= $
@
2.90 Acres Clear & Grub
CJ~
@ hor.::o - /Acre= $
o~
1 Each Gravel Constructed Entrance
@ 100 ()
/Each= $
Section A - Grading Total
Section B - Sanitary Sewer
241 L.F. 8" PVC SDR 3S 10-12' Depth
Jb~
/L.F. = $
@
41 L.F. 8" PVC SOR 35 12-14' Depth
~
J <"( .---
A.F. = $
@
23 L.F. 8" PVC SOR 35 14-16' Depth
Ii>~
z..~ -
A.F. = $
@
35 L.F. 8" PVC SDR 26 12-14' Depth
a ~IJ
1-' -
/L.F. = $
@
23
L.F. 8" PVC SDR 26 14-16' Depth
1>";
7..../ --
zc.f ~
A.F. = $
@
A.F.
= $
45 L.F. 8" PVC SOR 26 16-18' Depth
@
42 L.F. 8" PVC SDR 26 18-20' Depth
.....
"Z. i --
/L.F. = $
@
~
5' ~ :;....-'
I
~<.J
3 3 'i~ ...-
,
~~
7, , '-17'-1 --
.,0
) ~ 50 -
I
700
~
au
/7 400 -
/
itHJ
/ 00(.) -
/
$
oel
~7 37/ -
I
~, tS~ .~
QU
/ ~(r -
00
'-/eo 0 --
oQ
bb~-'
1.f~3
~
~
/ 6 i-o
()CJ
J 3{-
EXHIBIT A
56
L.F. 8" PVC SOR 26 20-22' Depth
60
L.F. 8M PVC SOR 26 22-24' Depth
142
L.F. 8" PVC SOR 26 24-26' Depth
6
Each Sanitary Sewer MH 10' Depth
42.47
V.F. Sanitary Sewer MH Extra Depth
9
Each 8"x4. PVC WYE
290
L.F. 4. PVC SDR 26 Service Pipe
28
V.F. 4. PVC SDR 26 Service Riser
100
C.Y. Granular Foundation
1
Each Connect to Existing
1
L.S. Sewer Test
36
S.F. 2" Rigid Insulation
@
c)w
30 -
3c.{~
@
@
c.)(",;>>
3%" -
@
00.-
J r.( 0(.) -
@
~
~~ -
@
0.-
7~ -
@
()~
,-
@
~
12.
@
OU
Ji;> --
@
./ Q:::-
~ 0(.)
@
c>6J
5(;)0 -
-r~
---
@
TOTAL SECTION B - SANITARY SEWER
SECTION C - WATERMAIN
440 L.F. 8" D.I.P. cl. S2
370 L.F. 6" D.I.P. Cl. S2
1000
Lbs. D.I. Fittings .
lEach 6" Gate Valve & Box
2
Each 8" Gate Valve & Box
Each Fire Hydrant!""" b.\!.
2
9 Each l"xl- Corporation Stop
9 Each 1" Curb Stop & Box
350 L.F. 1" Copper Service Pipe Type K
2 Each Connect to Existing
100 C.Y. Granular Foundation
1 L.S. Water Test
@
ooJ
I~ -
"2.5
I~ -
@
@
~
J -
@
Ou
'ioo -
.
o~
600 ~
@
oc..
Jf:.OO -
@
o~
55-
@
.~
75 -
@
1~
@
110
I~ 00 -
@
CJW
ID .....
C)~
@ 'Z. t>o
TOTAL SECTION C - WATERMAIN
SECTION D - STORM SEWER
112 L.F. 12- RCP Cl. 5 0-10' Depth
IL.F. :: $
A.F. = $
/L.F. = $
/Each = $
/V.F. = $
/Each = $
/L.F. = $
/V.F. = $
/C.Y. = $
/Each = $
/L.S. = $
/S.F. = $
/L.F. = $
/L.F. = $
/Lbs. = $
/Each = $
/Each = $
/Each = $
/Each = $
/Each = $
/L.F. = $
/Each = $
/C.Y. = $
/L.S. = $
I
ocJ
2.. "2.r ---
/L.F. = $
REVISED 4/14/95
I~ fa ~
ow
LO 1./0 --
OeJ
S ~ 9' -
u...
frt../C;I:) -
i€"
"3 bD9 -
0,",
b7~ -
(JoJ
'2. CalC -
,
~$b~
Ibee ~
ov
~ Cl~ ..-
0(,,1
S l) 0 .;;----
0"
63 -
$
95
.3 ~'2.25-
,
(I'"
l '7 z..c -
s~ 1'2. ~~
I C)do
c;)v
-
t::'U
~CCJ
/?-"'u
C,)~
-
&.J.J
-
3"2.00
0"::'-
'"I9~
0&.1
67~-
~
31 ~o
~.
~
.w
-
/ () 0(.)
~
ZQu --
$
~,:)
z. 5 c./frZ -
I
()O
7.. '-f~ t./ --
"'-"_._--_.~--~""_.._.,-'"'-,.._,.._-'----'---,...,
EXHIBIT A
105
L.F. 18" RCP CI. 5 0-10' Depth
25
L.F. 18- RCP CI. 5 10-12' Depth
L.F. 18- RCP CI. 5 12-14' Depth
55
30
L.F. IBM RCP CL. 5 14-16' Depth
45
L.F. 18- RCP CI. 5 16-18' Depth
L.F. 18- RCP CI. 5 18-20' Depth
30
44
L.F. 18- RCP CI. 5 20-22' Depth
L.F. 18- RCP CI. 5 22-24' Depth
120
40
L.F. lS- RCP CI. 5 24-26' Depth
~.
4 Each 48" Oia. Manhole 0-10 Depth
1 Each 27" Oia. Catch Basin
2
Each 48- Oia. C.B.N.H. 0-10'Depth
200 C.V. Pipe Bedding
28.36
V.F. Extra Depth Manhole
@
@
@
@
@
@
@
@
@
@
2 S ..~
/L.F. = $
/l.F. = $
/L.F. = $
/l.F. = $
/L.F. = $
Il.F. = $
/l.F. = $
/l.F. = $
/l.F. = $
CJ'-I
/ :-fou -- /Each = $
~
D
~
7
2~ ~
u
(,)..l
(.1) ~
~w
~.....
1 L.S. Backfill Curb & Gutter (Restore @ 30CO
Blvd., Seed & Mulch, Signage)
~
305
S.V. Sod Behind Back of Curb
(2 Rolls Behind Back of Curb)
@
otlJ
:Sl --
{.I'"
IOc)(j - lEach = $
u~
Z -
iJ'U
I~u -
-:;:..
100
/Each = $
IC.V. = $
Section E- Street Construction
Total Section D- Star. Sewer - Total $
/V.F. = $
2000 S.V. Subgrade Preparation
625 Tons Aggregate Base Cl. 5
(100~ Crushed) HnOot 3138
300 Tons Situ.inous Base MnDot 2331
'0 Gallons Tack Coat MnDot 2357
156 Tons Situminous Wear MnDot 2341
'05
L.F. B-612 C~ncrete Curb & Gutter
2 Each Adjust Catch Basin Casting
3 Each Adjust Gate Valve
5 Each Adjust Manhole Casting
70 L.F. Sawcut Bituminous Pavement
@
@
@
I
@
@
@
@
@
@
@
@
CI'->
3~-
@
37 o~
@
,/ 0,,-
..,.0 -
&jy~
0"
~f( -
"., d&..l
~ z... -
t'" 0...,
~" -
CJ""
I ,-!oQ -
,,'-'
10 -
/00
t1~
REVISED 4/14/95
-z.CoZS ~
.~
775 -
J~/$ ~
D.:;
/ f 1(,)
O&J
I roo -
0)",
/3'2c -
..,..
'2...11'- ~
o Z";o ~
OQ
-z -z. YQ -
C)o
C; ~ cc..) -
~
loCJo
2~~
~-."
-
o<J
2.ccO -
~
2. ~ ~~ -
OoJ
3",737 -
412,..
IS.V. = $ 1~66
~.J
/Tons = $ 'f ~~7 -
0'"
/Tons = $ I '"Lou -
f5~
/57 -
/Gal. ,=-$
"OJ
3b~ -
IT ons =..$ _.- /.f '
/L.F. = $
/L.S. = $
IS.V. = $
/Each = $
/Each = $
~
z..~u - /Each = $
~~
/L.F. = $
oJ ()
J 7.. ..; 0
02-
~oou
&; /0
c)c.:l
-
(,l<J
30u -
,)...1
3~ -
/;>00
~
oc)
'Z-I D -
EXHIBIT A
REVISED 4/14/95
Total Section E - Street Construction $ 3,Q 0 71 ~
,
Total Project
"37,37f ~
$
$ <j,"2~S ,r
$ 2. 5'" t./r z. s~
otJ
$ .3 Co .737 -
OQ
$ 30 C,) 73 -
,
~
$ / b t-{ ~~ 9
,
Total Section A - Grading
Total Section B - Sanitary Sewer
Total Section C - Watermain
Total Section 0 - Storm Sewer
Total Section E - Streets
\.
Ll
tp
,,-
I ft; ~ ,.'1,..) ........-
...............-~ ",'
\ } ...,' ....i .. .
\ \
(\\o~, ---:
w---;&..-
G ro..~. '\ {'. c~
_ 37 ,71. 00
}
~ \ L 1, S'lrc .1S"'
EXHIBIT A
2 2 1.,095
--~...._....... ..."
PROJECT
PRESERVE AT THE WILDS
SHEET 1
1
OF 1
I
S~=-=--
. '-'--
TOT A,~ Ar:::: ~ ___________________________________3.4(;54 AC.
;07 Al L.eT AREA _________________________ _____.__ 3 C': ~.:) t..C.
o 'T' I"': -("'" .... - - - ~
U IL "". i.;) _____________________________.________ ____ u....:.:L .
AC.
NUMS::R C)r :"OTS ________________________________ 9
...ARGESi L.Oi _________________________________ ; 9,542
,- .-
~.i.
SMA....LEST LOT ________._________________________ lC.228 S.~.
AVERAGE LOT ______________________.___________ ~4.777 S.F.
GROSS DENS:TY (EXCLUDES 'QUTLOTS) _____________ 2.95 LOTS/AC,
NET ;)E~SI"7"Y (EXCLUDES OUTLOTS & R./W) ___________ 2.95 LCiS/AC.
ZONING
P.L.;.D.
UTIUT!ES
------------------------.....--------
A VAILA8LE
.~** .
*'Pla~ER' .
.
*:..vn-rInSI ~A.
*.-.. ,.."",1c. IMD~.~---
. . "':'.'" 4If'" .... \MIID~ ~~
" '. . .
.- ......~...'.- ~. .. .. .
2422 Ent~ on..
.....-to ......,.... we ~120
(612) 881-un4 FoAX:Ha-9488
~ ~ 10."L-.
........ ~.
(112) 783-1" 1fA)e 7'13-1883
I hereby' certify that this plan was prepared by me or under rr
aupeNision and that I am a duiy registered Professional Enginf
the laws of the State of Minnesota
EXHIBIT 8
NO.
DA':"=::
TO: C:~ OF PR!~R !..)JG:
4629 DAKOTA S7Rt~ SZ
PRIOR LAKZ, MN S53i2
Dea= Si= or Mad~~:
We open I=reovocable StanCby Let~er of Credit No.
USD S ~MO~ (s?~r. OUT DOLLAR AMOUNT 00/11 US~L?~)
:on the amount of
In favor of yourselves.
FOR ~HE AC=O~~ OF:
-'1i' ~T--'i. ~ r
'J~V-:-
~""Q N'~V-:-
,...-
, .
r"I-=-.~. ,"'IOV':""\r-'
~~;~.:=~~/~ ~~~Q~~C
Ex? :..=es
........,........
1,_ -
a: eu: ==~~:a=s.
'!'his is a
';::~ N:' v:-
Orawn ~~der St~~~y ~ec~er
N~~ I ac==mpa~~ec :y t~is
clea~ Letter of Cred:t availa:le
~::T"".o':"~~
0: Credit N~~er
a~ai::s: e:af:s C='awr.
~ Mi~~esota ~eari~~
at si;~t on .
:~e c:ause:
0:
C=edi~ for encorsement.
-=~N'K
ori;i~al Letter 0:
S--:-r-'" T
r ____ ...lIII\.W
COND!:':ON (S) :
1. Drafts must ~u~cr~ec:y ~e si;~ec by c~e Mayor 0= the City
Ma~ager of t~e Ci~y of ?rior ~ake.
2.. This !.et:er 0: Credit is au~o:na,:ica:'ly renewable without
a..-nenc:..--nen: :or a:l aci:.i':ional one year ~eriod from t~e present
eX?:ration date, ~~:ess (90) ni~ety cays prior t= said ex;i=a,:ion
date we sha~l notify you i~ wr::i::;, by Reg:sterec Ma:l, that we
have elec~ed not to renew this Let:er of Credit. 3uc in no event
s~all the ex;ira:ion date extend ~eycnd n~-~
Pa~en: will ~e mace a: the counters of
-=~m" ~~V:
~ M:..::nesota.
~is c=edi: is su:j ace
Crecits (1983 Revision)
400.
':0 t~e O::.i:o:":1
!~:er~a~ional
C'.lS t o:roS
a.nd
of
Prac:i:e
Commer:e
: =r Ooc-..:..-nen ta:y
p'..:.~lica,:ion No.
C~amber
Unless ot~e~*ise statec, all doc~en~s a:e to be fo=wa=dec to us by mail, or
hand delivered co our coun':e:s.
Doc~ents to be c:..=ec~ed to:
-=~NK N~~ ~Nn ~~D~~5~
We hereby engage with c!=awe=s anc:./or bona fic:.e holders t~at d:'a:ts drawn a.~d
neqotiated in con:o::niey with the te~ of t~is c=ecii.t: will be duly honored
upon presentation.
~~N'K N~M'C"
AOTHOR::ED S!CNA':"URE
AUTSOR:=~ SIGNA~~
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EXHIBIT D
DEVELOPER AND CITY COST SUMMARY
The following is a summary of Developer and City costs for Preserve At The Wilds. The net
area including the area of Outlot A which covers the private street is 148,339 square feet, 3.405
acres.
DEVELOPER COSTS
6% Administration Fee
Trunk Sewer & Water Fee
Storm Water Management Fee
Collector Street Fee
Traffic Signs
DEVELOPER OWES CITYffOTAL
$
$
$
$
$
$
7,651.11
11,917.50
24,921.00
0.00
100.00
44,589.61
CITY COSTS
Right-Of-Way Greater Than 60 Feet $ 0.00
(Collector Street Fund)
Sewer & Water Trunk. Costs $ 0.00
(Trunk Reserve)
Storm Sewer Costs $ 36,737.00
(Trunk Reserve)
Trails & Sidewalk Costs $ 0.00
(Capital Park Fund)
CITY OWES DEVELOPERffOTAL $ 36,737.00
PRESERVE AT THE WILDS
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer
Street
TOTAL PROJECT COST
$
$
$
$
$
35,225.95
25,482.50
36,737.00
30.073.00
127,518.45
EXHIBIT D
DEVELOPER COSTS
TOTAL CONSTRUCTION COST
$
127,518.45
Determine .Amount of Letter of Credit:
Total Project Cost is $127,518.45
1250/0 x $127,518.45
$
159,398.06
Developer Project Administration Fee:
Total Project Cost is $127,518.45 $
60/0 x $127.518.45
7,651.11
Determine Developer Trunk Sewer and Watermain Fee: $
3.405 Acres x $3,500/Acre
11,917.50
Determine Developer Storm Water Management Fee:
Net lot area is 148,339 sq. ft.
$0. 168/sq. ft. x 148,339 sq. ft.
$
24,921.00
Determine Developer Collector Street Fee:
This plat is exempt from the Collector Street Fee because the Developer has assumed all
fmancial responsibility for the construction of Wilds Parkway which serves as a collector road
for The Wilds PUD development.
.Amount Developer owes for Traffic Signs
2 Signs x $50/sign
$
100.00
r .,
CITY COSTS
RIGHT-OF-WAY CREDIT
No oversizing of ROW was required
SEWER & WATER TRUNK CREDIT
No oversizing on the plans
STORM SEWER CREDIT
Developer's Storm Sewer Cost
(from Exhibit A)
EXDPW.DOC/Gdrive/DAGREE
$
0.00
$
0.00
$
36,737.00
EXHIBIT E
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.l 00 or 150 watt high pressure sodium lights in
traditional or cobra-head style (as approved by the City and the utility) shall be the
standard for new subdivisions. \\There a portion of the development is already lit. new
lights shall match in style and wattage those already in place. The Developer shall
provide a street light system in accordance with Exhibit H. The street light plan must be
acceptable to the City Engineer and in accordance with Exhibit H.
2. The Developer will maintain the temporary and permanent sedimentation basins and
erosion control until 90% of the lots in the first 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 amount 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 comers by November 1, 1995. All
lot comers shall be set and visible on this date.
EXEP A TW .DOC/GdriveIDAGREE
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 STRUCTURE
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 250/0 of the net construction
cost plus the remaining construction cost of the project as determined by the City Engineer. 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
The construction inspection services includes the inspecting of public infrastructure construction
relating to the development.
The construction inspection service shall include:
1. Inspection of public improvement systems which include grading, sanitary sewer.
watermain, storm sewer/ponding, and street systems. Grading inspection is for
overview of drainage swales and not for detail site grading.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain, and storm sewer
facilities.
4. 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 services are to be provided by the developer's engineer which include the
following:
1. Construction surveying
2. As-built drawings of development improvements (Tie dimensions to sewer and
water services from city staff or city consultant)
3. Construction quantities
4. Change Orders
5. Construction administration of project
6. Construction payment vouchers
EXHIBF.WRT
EXHIBIT G (1)
FIRST COMPLETION DATE
Bond No.
PERFORMANC~ARRANTYBOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(Surety) are held and
firmly
bound unto the
Citv of Prior Lake
(Obligee), in the amount of
and _/ 1 00 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.
WHERE,A,S, 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 including, but not limited to,
Sanitary Sewer. Watermain. Storm Sewer. and Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the First Completion
Date was completed and the Principal received acceptance on and the
Principal has requested the Obligee 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 an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of
the Principal's obligations as set forth in the Developer's Agreement;
NOW, THEREFORE, if the Principal shall for and within the period of time from and after the
Actual First Completion Date and through the acceptance of the subdivision and developer
improvements as set forth in the Developers, Agreement and through the Warranty Period; (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 to have been incorporated in any part of the Public
Improvements which shall have appeared or been discovered within the period of time after the
First Completion Date, and through the acceptance of the subdivision and developer
improvements as set forth in the Developers Agreement and through the Warranty Period, 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/\Varranty 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:
Principal
By:
Surety
By:
Attorney-in-Fact
EXHG 1.ENG9S
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I
T '
EXHIBIT G (2)
SECOND COMPLETION DATE
Bond No.
PERFORMANCEAVARRANTYBOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(Surety) are held and
firmly
bound unto the
City of Prior Lake
(Obligee), in the amount of
and _/100 dollars
($ ) for payment whereof Principal and Surety jointly and severallv bind
themselves and their respective heirs. successors, assigns and legal representatives firrcly 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 including, but not limited to,
Sanitarv Sewer Watermain. Storm Sewer and Streets
(the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the Second
Completion Date was completed and the Principal received Final Acceptance on
and the Principal has requested the Obligee 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 an amount equal to the original cost of the completed
improvements, in the penal sum of $ to guaranty performance of
the Principal's obligations as set forth in the Developer's Agreement;
NOW, THEREFORE, if the Principal shall for and within the period from and after the
acceptance of the subdivision and develop~r improvements as set forth in the Developers
Agreement and through the Warranty Period; (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 to have been
incorporated in any part of the Public Improvements which shall have appeared or been
discovered within the Warranty Period, 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:
Principal
By:
Surety
By:
Attorney-in-Fact
EXHG2.ENG9S
RESIDENTIAL STREET LIGHTING POLICY
BACKGROUND:
The City intends that this street lighting policy promote the safe travel of city streets in a manner
both fair and affordable to the City and its residents. Residential street lighting promotes pedestrian and
traffic safety to the extent that the City shall approve street lighting where warranted by such concerns.
Lighting requests shall come either by recommendation of the City Engineer or by resident petition. The
capital costs of residential street lighting shall be the responsibility of those residents, or any portion of
those residents, determined to be affected by the light.
NEW SUBDIVISIONS:
All lighting plans require approval by the City and the utility responsible for street light operation
and maintenance. In new subdivisions street lights shall be placed at intersections, every 300 feet
between intersections where intersections are more than 600 feet apart, and at the ends of cul-de-sacs
where the distance from said end to the intersection of the cul-de-sac with the street is greater than 300
feet. Within their developments, developers shall also install lights to City standards at the intersections of
residential streets with collector streets. 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 sodium 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.
In cases where developers wish to install more lights than warranted by city policy, or wish to
install non-standard lights, monthly operation and maintenance becomes the responsibility of the
development's residents through their homeowner's association or similar organization. The City will not
take over such non-standard systems, though City approval shall still be required.
EXISTING SUBDIVISIONS:
Where traffic safety clearly warrants, a street light may be placed upon the recommendation of
the City Engineer's office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000
vehicles or a layout such that, in the City Engineer's estimation, significant improvement in safety might
be obtained by the placement of a street light. Since the benefit of such installations extends to the City
as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition -
signed by 60% of the neighbors affected by the proposed light. The affected area shall be 100 linear feet
on either side of the proposed light, on both sides of the street. The placement of the proposed light shall
be specified in the petition. Petitioners shall approach the City prior to circulating their petition to obtain
direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as
they meet the following warrants for existing subdivisions: intersections, between intersections at intervals
of 300 feet where the distance between intersections is greater than 600 feet, and at the ends of
cul-de-sacs where the distance from said end to the intersection of the cul-de-sac with the street is
greater than 300 feet.
If approved, each street light shall be purchased by the affected residents. Payment shall be
made prior to the installation of the light and shall include the cost of poles, fixtures, underground wiring,
and all appurtenant work. The method of payment shall be as directed by the City Finance Department.
The City shall assume operation and maintenance costs for a light from the time it is energized by the
utility.
In existing developments new lights shall match in style and wattage those already in place. If no
lights be currently in place, then 100 or 150 watt high pressure sodium lights in cobra-head or traditional
style shall be the standard.
BBSL.ARCH
Update: 2/07/95