HomeMy WebLinkAbout4H - Westbury Ponds Outlot A
DATE:
4h
JOHN WINGARD, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF DEVELOPER'S AGREEMENT
FOR WESTBURY PONDS OUTLOT A OF THE SECOND
ADDITION
JUNE 19, 1995
AGENDA#:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this Agenda item is to consider approval of
the Developer's Agreement for installation of public
improvements in Outlot A of Westbury Ponds Second
Addition. The Developer's Agreement has been prepared
and the developer has signed the agreement. The three
copies of the agreement will be available at the Council
meeting for review and signatures if this item is approved.
There is no platting associated with this agreement.
BACKGROUND:
Outlot A of Westbury Ponds Second Addition is located west
of Five Hawks Avenue and the Fairview Medical Clinic.
(See the attached map labeled as Exhibit C) This
Developer's Agreement will cover the construction of
watermain, services, streets, and sidewalk on Willowwood
Street and sanitary sewer, watermain, services, and streets
on Willowwood Circle.
ISSUES:
The City tried to convince the developer to construct the
improvements covered with this agreement with previous
Westbury Ponds projects. However, the developer elected
to postpone these improvements. Then, the developer
changed their mind and decided it would be beneficial to
construct these improvements prior to platting of the lots
adjacent to this project.
The developer requested permission to begin construction of
the improvements prior to approval of this Developer's
Agreement. The City has an easement to cover the
improvements. The developer has constructed the utilities
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNI1Y EMPLOYER
ALTERNATIVES:
RECOMMENDA TION:
ACTION REQUIRED:
AG619A.DOC/Rdrive/Council
and is beginning to prepare the streets for curb and gutter
and Class 5 aggregate base.
The City allowed the developer to construct the
improvements prior to the completion of the Developer's
Agreement. The City now has approved plans and MSA
Consulting Engineers has been inspecting the construction.
Attached is a letter from Larry Anderson dated May 19,
1995, to alert the developer that the agreement would still
need to be prepared even though the construction of
improvements were begun early. Also attached is a memo
from Westbury Development agreeing that no lot sales will
be made in the area of Outlot A until the future final plat is
recorded.
The alternatives are as follows:
1. Approve the attached Developer's Agreement.
2. Table this item for a specific reason.
3. Deny the project at this time.
Alternative NO.1.
Make a motion and second is recommended to approve the
Developer's Ag ment..
.- -_. -_._. ..
~ . "-'-- ---.. -".--
\.----- _.-
- - .:..:--.:-- - ~-
----:. "--.. ."- -
. .
.._~
C'fXHIBIT C
\
\ "'00
\ ""....~~o.",.
"-..:: ..~, \
'\
~I ~.,~__
:.j \ o.
I ............
I . \ ....... .,........;,.:;:<1,..
. ;' ,I. ',,',: .... ,.~, _
..:~-- - - -=-----I~......._:.-- '--"'1.1'-":;"-. ___, _ _ ___ ___
- - -, . I:"_oe_'!"~.. ,1/' ".ZI,o..lN :.. ~SIt _. . __
\ J....._ .J,_ I ~".~ i - _ _ -n'K1--- I _
.... "'-'r .......-..-- I !'Ii I l.r i J.tt:IO.ooS-.J
I ~ ...-. ......I.DII ._,.... .._~', ~ ...._ ___I
I.i t ./
I t1: 'r,
/ ;; ;..
I E ....1
I 'I 1'""'\ lJ
/\ -:=J I I '_
of",
.....
.
.
3t:r'J2:;';'
,
Ii
_.... II
::." : .'
-'" -:I
:
0---.
~.
S.i
=~
..'
-..:.....- -
d",
",
.:;
.~
.-
Cf)
o
z
o
0...
c'
>-
Ct:
:)
CD
I-
(f)
~
.
I: 's
II "
j ....:~
I"i; :i
;~i II
o
I-
A /-
,/
\.:.-
':'
2:
o
-
r-
-
a
a
<r
I
I
i.: :
"0
;"fi
t . '
. .. .
.. I
I
I
,
...;)
"T- .)
0 0)
J , -'
,-
"T- \
'? ..;, >>
:j)
0
....~
\.~~
a
z
o
U
I.J.J
::1)
- ~
~7
; I
.,
~
I
/
...:; , I !\I' Q -:J
- ....,
f\ !
--
f\ I f "\
I \l """
I I f -, (-J \-1
_'_ I -...J... "
/ ,
....:..
..~
'.('
....
,~/
.-
'.
7L
a~:: 1.1
-. .: il
I ... 1 :1;
1.;2
St' ,! · ij~
I ! ~Ii
,- ..z !
!51 h:
o ..I" Q4".
.0
-:
ii
! Ii.'
· !- lli ia
; "u a
i fi: a.
I .. Ii .:
: ; l:i :..
"'t :-~., I Fn i~
I I ~ni !!
a - :21 &.,
I .:1- ~
1 'QJr!::
~ ~-l' ,..-
U i I~ii fi
0\
\-:,
..
/,
.....
.~
..
. J
.~.
'. .
\ .:"~
\.'
: jl
I.
,~
a'-;:
i:~
. ~-:
...
,~
-r:..
\
;"
....
..,
-., ~ 0\
.:J IV,
~
, ..... \ I
_'_ ~--; r:;
I
_J
/
/
May 19,1995
Jim Allen
Westbury Development Corp
12433 Princeton A. venue
Savage. J\;linnesota 55378
RE: WESTBURY PONDS
Dear Jim:
It is my understanding that utilities and street are being constructed on Willo\NWood Street
without approval from the City of Prior Lake. The City has not approved the plans for this
installation. nor has a Developer's Agreement been prepared to cover this \-\lork.
The purpose of this letter is to put you on notice that since there is not an approved plat for this
area. the infrastructure is being installed at your own risk. and any modific~tions necessary to fit
the ~:.._l plat will be at your cost.
Once plans. specitications and cost estimates are received. the City will prepare a Developer's
Agreement for Council approval. The fees associated with the Developer's Agreement will
remain your responsibility.
Sincerely,
-.----- ' "
Larry Anderson. P.E.
Director of Public Works
CITY OF PRIOR LAKE
LA:acj
lIet4.Gdrive
cc: Frank Boyles
Don Rye
16200 Eagle Creek Ave.. Prior Lake. Minnesota .55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.-\:,-; ::QL'AL 8pD0Rt:";NIT:. :::',IPLO'y'::R
WESTBURY DEVELOPMENT
CORPORATION
Office 8941888 Fax 894-4543
Amendment to Developers Agreement for the First Addition to
Westbury Ponds dated February 21st, 1995.
Westbury Development Corporation will install watermain,
services, street, curb and sidewalk in outlot B. Please find
attached engineering estimates for the cost of improvements,
to this estimate we have added sidewalk cost of $6,125.00.
( 700'x5 = 3500 SF @ $1.75 SF = $ 6,125.00)
Bringing the total to $77,781.00
The balance of fee's required will be paid when outlot B is
final plated.
No lot sales or options will be made until final plat is
recorded.
Westbury Development
: /-
;J~J~~";' ~~le~a(c:r--
V~ce President
L--'/
, /'9 /(715-
i//;rr..{/ / /
Date,.'
7'
. "'~ .
CONTRACT FOR DEVELOPlVIENT OF
LAND IN THE CITY OF
PRIOR LAKE, lVIINNESOTA
THIS AGREEMENT, made and entered into as of the l.21h day of June, 1995, by and
between the City of Prior Lake, a municipal corporation organized under the laws of the State of
Minnesota and Westbury Development Cor:poration, 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
Outlot A of Second Addition to Westburv Ponds 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.
NO\V, 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:
a. "Agreement" means this Contract for Development of Land in the City of Prior
Lake, Minnesota, by and between City and Developer Westburv Development
Cor:poration, 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 $0.00 (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 Westburv Development Corporation 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 October 1, 1995.
m. "Second Completion Date" means August 1, 192,6.
n. "Letter of Credit" means an irrevocable letter of credit in the amount of
$97 042.56 (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 Performance/Warranty 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,
described 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 S tate 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
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
Exhibit H - Residential Street Lighting Policy
2. DEVELOPER IMPROVEl\tIENTS
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.
Page 4
On or before the date hereof, Developer shall furnish to the City the Letter of
Credit or Cash Escrow Deposit at City's sole option.
Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary
Sewer Improvements and Watermain Improvements shall be completed by the
First Completion Date. Permanent Street Improvements and Traffic Signing
Improvements and all other Developer Improvements as per plans and
specifications shall be completed by the Second Completion Date.
Noncompliance with either the First Completion Date or the Second Completion
Date will cause the Letter of Credit or Cash Escrow Deposit to be called on,
unless an extension of time is granted by City Engineer in his sole and absolute
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. Construction 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
Page 5
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
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, state and federal government authorities.
4. OVERSIZING
City and Developer agree that the Developer Improvements should be oversized
for the benefit of future development. City and Developer agree that the cost of
system oversizing to be reimbursed to the Developer is $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.)
$ 0.168/net sq. ft.
Page 6
Collector Street Fee
$1,SOO.00/net acre
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 andlor 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 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.
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
Page 7
streets to prevent the public from traveling on same and directing attention to
detours. If and when streets become impassable, such streets shall be barricaded
and closed. Developer shall be responsible for keeping streets within and without
the Subdivision swept clean of dirt and debris that may spill or wash onto the
streets. The Developer shall daily clean streets of dirt and debris which has
resulted from construction work by the Developer and its agents or assigns.
7. ACCEPTANCE OF SUBDIVISION
AND DEVELOPER IMPROVEl\tIENTS.
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:
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.
Page 8
Developer releases from and covenants and agrees that City and the governing
body members, officers, agents, servants and employees thereof (hereinafter for
purposes of this paragraph, the "indemnified parties ") shall not be liable for and
agrees to indemnify and hold harmless the indemnified parties against any loss or
damage to property or any injury to or death of any person occurring at or about
or resulting from any defect in the Property or Developer Improvements.
9. DEFAULT.
Whenever an Event of Default occurs, City may take 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-DISCRIlVIINATION.
The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1
of the Prior Lake City Code as may be modified, which relate to civil rights and
discrimination and affirmative action shall be considered a part of this Agreement
as though wholly set forth herein, and Developer agrees to comply therewith.
11. ASSIGNMENT.
Developer represents and agrees for 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,
Page 9
references herein to Developer shall mean each and all of them. This Agreement,
at the option of City, shall be placed of record so as to give notice hereto to
subsequent purchasers and encumbrances of all or any part of the Subdivision.
All recording fees, if any, shall be paid by the Developer.
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:
Westbury Development Corporation
12433 Princeton Avenue South
Savage, MN 55378
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
Whenever an Event of Default occurs and City shall employ attorneys or incur
other expenses, including employment of experts, for the collection of payments
due or to become due or for the enforcement or performance or observance of 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 _ day of
, 1995.
By
DEVELOPER:
~~VE~~NT CORPORATION
Its President d
APPROVED AS TO FORM:
Glenn R. Kessel
CITY OF PRIOR LAKE:
By
B~ J~J(2'/atf~~
/ !
tVice President
Its Mayor
By
Its City Manager
[This Agreement must be signed by all parties having an interest in the Property.]
Page 11
STATE OF' lVIINNESOTA}
} 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 l\tllNNESOTA}
} ss:
COUNTY OF SCOTT }
The foregoing instrument was acknowledged before me this day of , 1995, by
and by , who are the and
of Westbury Development Corporation, a Minnesota Corporation, on behalf of
said corporation.
Notary Public
Page 12
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 City, by the developer for cost under runs or to the developer by the City for cost
over runs.
Developer:
City of Prior Lake:
-.:J~ ~ id
Frank Boyles
City Manager
~~ a:f.4---
/
G:
Lydia Andren
Mayor
Page 13
EXHIBIT A
No.... .2.....
CHA1~GE ORDER
Dated ... .Nfay 15. 1995 . . . . .
O\VNEF:s Project No. .....................
ENG~tER: s Project No. ......... 95001. . . . . . . . . . .
Project .... SECOND ADDITION TO WESTBURY PONDS. . . . . . . . . .
CONTRACTOR ..... Nodland Construction Co., Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contract for . . . .Sanitary Sewer, Waterma~ Stonn Sewer & Streets . . . . . . . . Contract Date . . .April 18, 1994 . . . .
To: .......... Nodland Construction Co., Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CONTRACTOR
You are directed to make the changes noted below in the subject Contract:
. . . .\VESTBCRY DEVELOP~1DJl CORP.. . . . .
QWN"ER
By ..................................
Dated ........ . . . .. . . . . . . . . . . . . . . . .1995
Nature of the Changes:
1. Construct sanitary sewer. watennain. streets and sidewalk in fuurre Third Addition to Westbury Ponds.
Changes are itemized as follows.
EXHIBIT A
SAi'i1TARY SEWER W ATERrvlALN. & STREETS
1HIRD ADDITION TO WESTBURY PONDS
PRIOR LAKE. J\t1INNESOTA.
I1'Evl DESCRIPTION UNITS CONTRACT CNIT TOTALS
~o. QUAl\jTlTY PRICE
SCHEDULE I - SITE GRADfNG'
(Work completed WIder previous contract)
SCHFnUl..E 2 - SA1WfARY SE\\''ER. W A TERlVrAIN & STORl\tI SE'NER:
PARr A - SAl"ilTARY SEWER:
A.Ol 8" PVC SDR 35 Sewer Pipe ( 1 0'
to 12' Depth) L.F. 100 $ 13.00 $ 1,300.00
A02 8" PVC SDR 35 Sewer Pipe (12'
to 14' Depth) L.F. 30 $ I.+. 00 $ 420.00
A.03 Connect to Existing Stub EACH 1 $ 1000.00 $ 1,000.00
A.04 Standard 48" wlanholes (0' to 8'
Depth ) including Casting &
Adjusting Rings and :'vlormr
Casing inside and out EACH I $ 1100.00 $ 1.100.00
A.05 wlanhole Extra Depth over 8' L.F. 3.0 $ 75.00 $ 225.00
A. 06 8" x 4" rvc Wyes encased in
Concrete EA.CH 5 $ 130.00 $ 650.00
A.07 4" PVC SDR 26 Service Pipe L.F. 660 $ 8.00 $ 5,280.00
A08 Subgrade Preparation STA. 8.2 $ 110.00 $ 902.00
A09 Subgrade Test Rolling STA. 8.2 $ 10.00 $ 164.00
A.IO SUBTOT.AL PART A. SCHEDULE 1- SA1\JITARY SEWER. . . . . . $ 11.041.00
P:\Rf B - W A TERiVIAlN:
8.01 Connect to Existing Stub EACH .., $ 500.00 $ 1,000.00
13.02 8" D.I.P. Class 52 L.F. 556 $ 15.00 $ 8,340.00
13.03 6" D.I.P. Class 52 L.F. 190 $ 13.00 $ 2.470.00
13.04 8" Gate Valve EACH 1 $ 510.00 $ 510.00
13.05 6" Gate Valve EACH :2 $ 410.00 $ 820.00
..,
EXHIBIT A
8.06 Standard Hydrants. Pacer ~[odel
100, rodded entirely EACH 1 $ 1100.00 $ 1,200.00
8.07 Remove and Relocate Hydrants &
Gate Valve Assemblies EACH 0 $ 800.00 $ 0.00
B.08 Fittings including Nlega-
LuglRetainer Glands and Rods and
Concrete Reaction Blocking on all
Bends and Tees LBS. 425 $ 1.00 $ 425.00
B.09 I" Corporations EACH 15 $ 50.00 $ 750.00
B.10 1" Curb Stop and Box EACH 15 $ 90.00 $ 1,350.00
B.l1 1" Copper Service Pipe L.F. 690 $ 5.00 $ 3,450.00
B.l:2 SUBTOTAL PART B. SCHEDULE 2 - WA~\tIAIN . . . . . . . . . . $ 20,315.00
TOf...\L S~ Ul.E 2~ P..\RIS ..-\., & B ............................ $ 31,356.00
..,
j
EXHIBIT A
SCHEDIJLE 3 - STREET:
3.01 Fine grading and Shaping STA- 8.2 $ 15.00 $ 123.00
3.02 6" Agg. Base wlnOOT C1. 5 1000/0
Crushed for Street & Trail TONS 1210 $ 6.80 $ 8.228.00
3.03 Conduit Crossings EACH ., $ 250.00 $ 750.00
.)
3.04 4"x 28" Swmountable Concrete
Curb and Gutter & 8-618
Concrete Curb and Gutter (around
all curb returns and catch basins)
including Removals, Class 5 Agg..
Topsoil & Boulevard Seed &
rvlulch L.F. 1623 $ 5.10 $ 8.277.30
3.05 5' Concrete Sidewalk including 4"
Sand Cushion S.F. 3525 $ 1.75 $ 6,168.75
3.06 2-1/2" rvtnDOT 2331 B Bituminous
Base Course for Street TONS 510 $ 23.00 $ 11. 730.00
3.07 Adjust ivfanholes EACH 4 $ 100.00 $ 400.00
3.08 Adjust Catch Basins EACH 1 $ 70.00 $ 70.00
3.09 Adjust Gate Valves EACH 3 $ 90.00 $ 270.00
3.10 Biruminous Tack Coat S.Y. 3380 $ .10 $ 338.00
3.11 1_1/:" ivlnDOT 2341A Wearing
Course ~lix TONS 310 $ 26.00 $ 8.060.00
3.]2 Sod between Curb & Sidewalk
and 3 ft. behind Curb where no
Sidewalk is planned in lieu of Silt
Fence behind Curb S.Y. 933 $ 2.00 $ 1.866.00
3.13 IDfAL - S~UU 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 46.278.05
~ GRANO TOTAL SOIEDUIES 2 & 3 ............ - .. . . . . .. . · .. . . · ..1 $
77.634.0511
Enclosures:
Detailed engineering drawings numbered I through 4.
4
EXHIBIT A
TI1ese changes result in the tollowing adjustment of Contract Price and Contract Time:
Contract Price Prior to This Change Order
$
Net (Increase) (Decrease) Resulting from this Change Order
$ .......... 77,634.05
Current Contract Price Contract Price Including This Change Order
$ ....................
Contract Time Prior to This Change Order .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Days or Date)
Net (Increase) (Decre3se) Resulting from This Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Days)
Current Contract Time Including This Change Order
(Days or Date)
The Above Changes Are Approved:
. . . VALLEY ENGINEERING CO., INC. . . . . . . . . . . . . .
! ';! /'f:~llQEER)
By ...~~~?{~h("~.............
., ~!
Date .. f/~.7r . . . . . . . . . . . . . . . . . . . . . . . .
The Above Changes Are Accepted:
(CONfRACTOR)
By ........................................
Date
5
EXHIBIT 8
NO.
DA':'E::
TO: C:':'Y OF PRIOR l.)J{E
4629 DAKOTA S7RE:::-:' SE
PR:OR LAKZ, MN 553i2
Dea= Si= or Mad~~:
We open Ir=eovocable StandbY Letter of C=eeit No.
OSO S ~MOmr!' (s?~r. OUT OCL:.A.R AMOu~ 00/11 osoUtS)
in the amount of
In favor of yourselves.
FOR THE AC=O~ OF:
~"'1T"'~J'~""'I1'~~ l' N'~M"=' "=,,""C N~M"=' ~1:' T"'I::":r:". (')t)v-:"'\r"
r'I ~,.:-:. C :: '='''= ' c: ~ ~r--,'" -:- ~-::
E:x~i=es
r"'. ~ ,..~
at our c:=~:l:'e=s.
T~is is a clean Le~:.e= 0: C=eei:. availa=le agai~st e=a:ts e:awr. at si;~t on .
B~~ N~~ ~~T"'I~1:'~~, Mi~nesoca =ea=ing t~e clause:
O=a\o\ln \:.l'lde= Sta...,6y Le:.te= 0: Credit Nl.:.."":I.be= 0: 'C~Ni\
N~~~ I ac::mpa:liec :y :.~is o=i;inal Le~:.e= 0: C=edi:. ::== e:lc:==semen:..
S?EC:~ CONC:T:ON(S) :
1. ~=a:ts must ?~=?c=:.edly =e si;~ed :y t~e May:= 0= :.~e City
Ma~a;e= 0: t~e Ci:.y 0: ?rio= Lake.
2-. ':':-..:.s Let:. e= 0: C=ee:. t is au:'oma tical l v re::ewa=le wi tl10ut
amenc..~e!l:' :0= a:l ad::.i:. icnal one year period :=om -:.he ;:=esen:
e~ira:.ion date, ~less (90) r.:.~e~y days ~=io= to said ex;i=a:.icn
date we s~all noti:y you in w=i:.in;, by Registered Mail, t~a:' we
have elected not to renew t~is Le~:.e= of Credi:.. Bu:. in no even:
s~a:l tl1e e~i=aticn date extend =eycnc n~-1:'
?a:rment w'" be mace at t~e counters 0:
-;: ~ ~.r N~ M":"
I Minnesota.
T:-..is creei t is
Credits (1983
400.
su.bject
Re~....-is ion)
to :.he Oni:o::-::1
!nter:lational
C~s:'oms
C~a.:n:e=
and
0:
Practice
Commerce
:or DoC"..:..~enta=y
publication No.
Unless ot~e~Nise s~ated, all doc~~ents are to be :o~Na=dec to us by mail, 0:
hand del:ve:ed to our coun:.e=s.
Doc~enes to be directed to:
3~NK N~~ ~ND AnD~~SS
We hereby engage wit~ drawers ~~d/o= bona ::de holders t~a:. dra::.s drawn ~~d
negotiated in con::r:nity wi:.h. e~e te::-:ns of t~is c=edit will be duly honored
upon presentation.
B;".N1( N~~-='
AL~CR::~ S!GNA~~~
AUTHOR:Z~D S:GNA~~~E
--- --.- .
-.-'--- ---.----
\----_. .
: . - -'--- -
... \ --=:....--
._~
. i"'
,..
"' EXHIBIT C
.
..
3 (;;'J::/\':
,
Ii
__... II
::,~ : .'
-' \..:1
..
.
~.- ~
~:
'\0.
~:
.'
.'
r----
I
7L
c/
-~
..-
a~:: 1.]
I := .ni..
I 1 !1:!
1::=
$I .! ni~
! !~.:
..i I
,..~I~
!5 f .z:
o ..- Q.!loa
eo
U1
o
z
o
CL
I,
...:..
..,.
"!.
':'
.'
-r...
! 1 i
· :,- :li
i ~-U
i fi:
i 1.!i
! ~ 1:~ ~Q
-:- - 1:;; i:
· - -., ;n' ~i
i lis!.i
a I ~jil ....
! :. Qlf! _
~l I~n Ii
>-
0::
:)
OJ
f-
(f)
~
.
I! ':
" .,
f ,..:!
!'~;:i
;;.~ !!
~\
\.
.. ~~
..'
. "
--to
o
t-
4.
--,,-
..,,,,
\.,;.-
':1
z
o
-
}-
-
o
a
<1:
I
I
:.IM :
. .. '
"0
..:~
i ~~
, . '
. .. .
.. .
I
.
I
-;)
'l- .j
0 c)
..)
'l- ',-
'? ...; I
:J)
0
'~ I
Ul
a
z
o
U
1-1J
::n I
- ,.
~~
..~
"., I
.::t
~~I
.: I
~
/
':
ii
..a
. r
!a
:t
.,..
...
..
..
'.;.'..
'. '
, ..........
~ :~)
..
..
.~
\"'
I.
'I:::
as;
i:;
." .
.-
+:\
\
I
s tJ i~ (; c1
I
-., ~ " I
.::l IV. I "':-
,
.... \ ' I I
~... r:; _..I I
-- .. '
\ '..0.,
~~;.. \
.....,~
\ ., ...., '.
I . \ ...., .,....:~;:<I...
: r..... 2 ~...: ....,::-~, _
,.1 \ _ e. _" .'
-~-L- - --'-.....---..-""'L---. --------.
- - . I .. / I oe..zll ~
. -.,.-.. ...... ,. I ...ZI. i.....,. SIt -" --.---'1 ___
/ J,4AI -;::- ~.-.../ I ,.,.,~~ i - - . ". ne
rr-_.'......_..__ ./ I 'i ].%1.10.001 I
t ~ -.. ......&0. 13&_,.... .1_. " ~ .~.._ ___,--,
I ...?~ s ./
/ -J ~ ,!;
I "
J ~-
I \ I ""'" (J
/, ~ I I '....
(..... I
'J ~
" , {, , I (i (l \-1
I 'J 'J _,_, '-oJ, "
EXHIBIT D
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and City costs for Outlot A of Second Addition to
Westbury Ponds. There is no platting associated with this contract. The Developer
intends to construct watermain, services, streets, and sidewalk on Willowwood Street and
sanitary sewer, watermain, services and streets on Willowwood Circle.
DEVELOPER COSTS
6% Administration Fee
Trunk Sewer & Water Fee
Stormwater Management Fee
Collector Street Fee
Traffic Signs
$
$
$
$
$
$
DEVELOPER OWES CITYtrOTAL
CITY COSTS
Sewer & Water Trunk Costs
(Trunk Reserve)
Storm Sewer Costs
(Trunk Reserve)
Trails & Sidewalk Costs
(Capital Park Fund)
CITY OWES DEVELOPERtrOTAL
FIRST ADDITION TO WESTBURY PONDS
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer (Work completed under previous contract)
Street
TOTAL PROJECT COST
Page 14
4,658.04
0.00
0.00
0.00
50.00
4,708.04
$
0.00
$
0.00
$
0.00
$
0.00
$
$
$
$
$
11,041.00
20,315.00
0.00
46.278.05
77,634.05
EXHIBIT D
DEVELOPER COSTS
Determine 6% Project Administration Fee:
TOTAL CONSTRUCTION COST
$
77,634.05
Developer 6% Administration Fee:
6% of $ 77,634.05
Determine Amount of Letter of Credit:
Project Cost Total
125% ($77,634.05)
$
4,658.04
$
$
77,634.04
97,042.56
Determine Developer Trunk Sewer and Watermain Fees:
Second Addition to Westbury Ponds $ 0.00
parcel has been previously assessed
under Project 72-7.
Determine Developer Stormwater lVlanagement Fee:
Since there is no platting associated
with this contract, there are no
Stormwater Management Fees. $ 0.00
Determine Developer Collector Street Fee:
Since there is no platting associated
with this contract, there are no
Collector Street Fees. $ 0.00
Amount Developer owes for traffic signs
1 signs @ $50/sign $ 50.00
Page 15
EXHIBIT D
CITY COSTS
Storm Sewer Credit
Storm Sewer Construction was completed
under a previous contract
$
0.00
GRAND TOTAL STORM SEWER COSTS
$
0.00
DAGRE1.\VRTIENG95
Page 16
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. 1 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. Where 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 900/0 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
EXHlBF.WRT
EXHIBIT G (1)
FIRST COMPLETION DATE
Bond No.
PERFORMANCEIWARRANTY BOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(Surety) are held and
fmnly
bound unto the
City of Prior Lake
(Obligee), in the amount of
and --1100 dollars
($ ) for payment whereof Principal and Surety jointly and severally bind
themselves and their respective heirs, successors, assigns and legal representatives fmnly 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 fonh
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
Pelformance/Warranty Bond in the penal sum of $ to guaranty
performance of the Principal's obligations as set fonh 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 fonh 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/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
an y 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
EXWP:!G.~G9S
"'T .----
EXHIBIT G (2)
SECOND COMPLETION DATE
Bond No.
PERFORMANCEIWARRANTY BOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
(Principal) and
(S urety) are held and
fmnly
bound unto the
City of Prior Lake
(Obligee), in the amount of
and ~100 dollars
($ ) for payment whereof Principal and Surety jointly and severally bind
themselves and their respective heirs, successors, assigns and legal representatives fmnly by
these presents.
WHEREA.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 fonh
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
\VHEREAS, 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 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 developer improvements as set fonh 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; otheIVVise, 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 pany 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
EXHC:.E.'1G9S
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 homeowners 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 Engineers 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 600/0 of the neighbors affected by the proposed light. The affected area shall be lOO 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.
88SL.AACH
Update: 2107/95