HomeMy WebLinkAbout4M - Carriage Hills 4th Addn.
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
4(m)
DEB GARROSS, DRC COORDINATOR
CONSIDER ADOPTION OF RESOLUTION 95-81
APPROVING THE FINAL PLAT AND DEVELOPERS
AGREEMENT FOR CARRIAGE HILLS FOURTH ADDITION.
AUGUST 21, 1995
The purpose of this agenda item is to consider adoption of
Resolution 95-81 approving the final plat and developer's
agreement for Carriage Hills Fourth Addition. The developer,
Progress Land Company, will be represented by Warren
Israelson. The developer's agreement for installation of public
improvements was prepared by John Wingard and Glenn
Kessel and is attached. The final plat was reviewed in
accordance with the approved preliminary plat and Sections 6-
5-1 and 6-7-1 through 6-7-17 of the Subdivision Ordinance.
The principal requirements for final plat approval include a
signed developer's agreement with surety for the installation of
utilities and streets and the satisfactory completion of all
preliminary plat conditions. The preliminary plat of Carriage
Hills was approved by the City Council on June 1, 1992. The
preliminary plat was approved subject to eight conditions. See
attached City Council minutes dated June 1, 1992 for
reference.
The Preliminary Plat of Carriage Hills indicates the site will be
developed as follows: There will be a total of 214 single family
lots with an improved neighborhood park as well as nature park
with trails. Trails will connect to Raspberry Woods Park and to
the Carriage Hills and CSAH 21, regional trail system. The plat
of Carriage Hills Fourth Addition is the fourth of five phases of
the development and contains 41 single family lots.
The final phase of the subdivision will be development of Outlot
B, which will consist of 4 lots and the extension of Landau Lane
to Manitou Road. The developer attempted to negotiate a land
acquisition with the adjacent property owner to the east, (Leo
FP04C 1.0OC 1
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
ISSUES:
ALTERNATIVES:
FP04Cl.DOC
Vierling), in order to provide for the road connection with this
phase, however, negotiations failed. Therefore, Landau Lane
will not be connected to Manitou Road until the 5th addition of
the Carriage Hills plat is completed. The last phase of
Carriage Hills will consist of the of 4 lots located within Outlot
B.
The conditions placed upon the preliminary plat have been
satisfied or will be accounted for in the developer's agreement
and Resolution 95-81 approving the final plat. The park
dedication required in this phase consists of Outlot A, which
completes land dedication for parks within the development.
The applicant has provided the City with a warranty deed for
acquisition of Outlot A.
The developers agreement specifies that the developer is
responsible for installation of all utilities. streets. park trails and
all other improvements as specified in the Subdivision
Ordinance. Engineering staff will be present at the meeting to
review details of the developer's agreement with the Council if
requested.
An issue associated with the final phase of development
concerns the costs associated with completion of Landau
Lane. Due to the fact that only four lots will be platted in the
fifth addition, staff is concerned the road may not be completed
because there may not be enough lot sales to compensate for
Landau Lane improvement costs. A similar situation occurred
within the development of North Shore Oaks 5th Addition
where only three lots remain in the final phase, along with the
improvement of Cardinal Street. The street connection may
never occur because the cost of the improvement exceeds the
value of the return from the last three lots to be developed
within the subdivision.
Resolution 95-81 contains a provision requiring the developer
to post a letter of credit or other acceptable financial security to
insure that dollars will be available to complete Landau Lane as
approved in the preliminary plat. The requirement for up-front
financial security will assure completion of the road to the plat
boundary and avoid a potential problem such as completion of
the North Shore Oaks 5th Addition neighborhood and resulting
street connections.
1. Adopt Resolution 95-81 approving the final plat and
developer's agreement for Carriage Hills Fourth Addition.
2. Table or continue this item for specific reasons as
specified by the City Council.
2
RECOMMENDATION: Alternative #1.
ACTION REQUIRED:
FP04Cl.DOC
A motion as part of the consent agenda to adopt Resolution
95-81 approving the final t and developer's agreement for
Carriage Hills Fo Add' n.
3
RESOLUTION 95-81
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL PLAT OF
"CARRIAGE HILLS FOURTH ADDITION" AND DEVELOPERS AGREEMENT AND
SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY: SECOND BY:
WHEREAS: the City Council held a hearing on June 1, 1992, and approved the preliminary plat of Carriage
Hills subject to eight conditions identified in the meeting minutes; and
WHEREAS: the City Council has found that the fmal plat of "Carriage Hills Fourth Addition" is in substantial
compliance with the approved preliminary plat; and
WHEREAS: The City Council has approved the final plat of "Carriage Hills Fourth Addition".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA, that it should and hereby does require the following conditions to be met, prior to release
of, and recording of said plat:
1. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the fmal plat mylars.
3. Reductions of the entire fmal plat be submitted, to the following scales: }" = 800'; I" = 200'; and one
reduction at no scale which fits onto an 81/2" x II" sheet of paper.
4. Four mylar sets of the fmal plat with all required signatures be submitted.
5. The developer provide fmancial security, acceptable to the City Engineer, to provide for the future upgrade
of Landau Lane to the plat boundary.
6. The fmal plat and all pertinent documents must be filed with Scott County within 60 days from the date of
fmal plat approval. Failure to record the documents by October 21, 1995, will render the fmal plat null
and void.
Passed and adopted this 21st day of August, 1995.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
SCHENCK
SCOTT
ANDREN
GREENFIELD
KEDROWSKI
SCHENCK
SCOTT
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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APPLICATION FOR '!HE SUBDIVISION OF LAND
WI'mIN 'mE CIT'I OF PRIOR LAKE
f)5-3ro- 6 53-6
FPqS -04
. . .
JO. Property CNner: Proqress Land Company, Inc.
Address: 14300 Nicollet Court,Burnsville,
SUbdivider: same
Address:
Agent:
Address:
Phone: (6 1 2 ) 4 3 5 - 3 1 1 5
MN 55306 Suite 335
Phone:
Warren J. Israelson Phone: (612)435-3115
14300 Nicollet Court, Suite 335, Burnsville, MN 55306
~ of &uveyor: Schwanz Land Survevina
Name of Engineer: Proqress Enqineerinq
Phone: (612)423-1769
Phone: (6 1 2 ) 4 3 5 - 3 1 1 5
Legal Description of Property:
Addition
Outlet A, Carriage Hills Third
Property ldenification Number (pm): 4311 4
Present Zoning: Single Family
Deed Restrictions: No
Yes x
Pro~rty Acreage: 1 4.21 Acres
If so, please attach.
Bas the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or arrj part of it:
No Yes X What was requested: Carriaqe Hills Preliminary Plat
When: 1991-1992
Proqress Land Company, Inc.
Fee CNners Signature
2/25/95
Date
'mrs SECI'ION '10 BE FILLED IN BY 'mE PL.ANNm; DIRrX:TOR
PLANNm; <DMMISSION
CITY OXJR:IL
CDNDITIOOS:
APPROlED DENIED
APPROVED _DENIED
DATE OF HEARm:;
DATE OF HEARm:;
Signature of the Planning Director
Date
Minutes of the ~rior Lake City Council
June 1, 1992
A short recess was called.
The meeting reconvened at 8:25 p.m.
The next order of business was: Second Consideration of
Preliminary Plat Approval of Carriage Hills. City Manager
Unmacht reviewed the results of the May 18 meeting at which time
Council requested the developer to study and consider a redesign
of the western portion of the development to eliminate the long,
straight streets and to consider other aspects of the subdivision
which neighbors and Council discussed at the meeting. Unmacht
then outlined the procedure to be followed during the hearing.
Developer, Warren Israelson, presented a sketch of the redesigned
plat and explained the changes which included three additional
cUl-de-sacs, on'. 1I10re access to the park, proposed sidewalks and
brick pavers t\. the park entrances. City PJ.anner Graser
addressed the Counc1l and explained that the major issues and
primary concerns of the long streets, landscaping and berm
treatment of the easements along CR 21, park access, parkland
dedication, wetl.'!nd treatment and density issues had been
addressed satisfactorily to staff. Graser also stated that the
Metro~olitan Community Development Committee of the Metropolitan
Counc11 voted to recommend approval of Prior Lake's Comprehensive
Plan Amendment. The following residents spoke on the issue,
directed questions to staff, and complimented the developer on
the redesign:
Bob Cavill
14909 Manitou Road
Carl Hanson
4065 Raspberry Ridge
(*Carl Hanson distributed a copy of the Raspberry
Subdivision covenants for Council's information.)
Maryanne K. Whiting
14897 Manitou Road
Ridge
CQ/l/u.af} e
IILliA
fJ It.w.m
'P.lat
Extensive discussion occurred on the placement of sidewaJ.ks and
brick pavers, drainage, access to undeveloped land and trailways
to the parks. Extensive discussion occurred on the Wetland
Management Act and the Metropolitan Council Review Process.
Further discussion occurred on the Comprehensive Plan and zoning
.J'": concepts. A re9Uest was made on behalf of the residents by
I~~~r Mar~anne K. Whit1ng that the City consider implementinq an
\~~~,~, env1ronmental task force and hold town meetinqs on the
-"\\''"\ ~"". r Comprehensive Plan in order to obtain citizen input.
\~~,: fN;\J MOTION MADE BY FITZGERALD, SECONDED BY Kl:DROWSIa, TO APPROVE TTHHEE ~4~
~ \ PRELIMINARY PLAT OF CARRIAGE HILLS SUBDIVISION SUBJECT TO ~~
FOLLOWING CONDITIONS: ~~ge
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~
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1.
All utility and grading plar~s be acceptable to the City
Eng ineer . .
All outlots be dedicated to the City.
The wetlands mitigation plans be acceptable to the City
Engineer.
Three road medians be include~ in the sou~~erly
east/west roadway in the plat to be paid for by the
applicant and incorporatinq brick pavers.
2.
3 .
4.
4
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Minutes of the Prior Lake City council
June 1, 1992
t.~. A sidewalk to be included on the hvrth side C1f tne most
southerly east/west roadway in the plat to be paid for
by the developer.
6. The applicant receive all necessary state agency
permits.
7. A planting plan acceptable to staf~ be submitted to
screen the lots in the northwest part of the plat from
County Road 21. The plantinq plan will be ~mplemented
via the Prior Lake developer's agreement. In the event
County Road 21 ha.s not been upqraded when the phtlae of
development occurs which includes the lots in the
northwest part of the ~lat, then the estimated cost of
landscaping shall be placed in escrow. The p~anting
plan shall be implemented shortly after the roadway is
implementc~.
8. That brick pave~s be introduced where trails cross
streets and at all park entrances.
Further discussion' occurred regarding sidewalks on the
north/south collector street. Mr. Israelson commented on this
issue. Planner Graser discussed the criteria for the
establishment of ~idewalks and recommende~ ~rosswalks delineated
by brick pavers at all intersec~ions instead of a sidewalk on the
north/south street. Councilm~er Fitzgerald re9Uested that
prior to anO~ler subdivision re~est for considerat~on, th~t the
City Council have clear guidelines with respect to the location
of sidewalks. Council concurred. city Manager Unm3cht asked
for a clarification as to the placement of the brick pavers in
Carriage Hills. . .
Upon a vote taken, ayes by Andren, Fi~zgerald, Kedrowski,
and White, the motion passed unanimously.
Scott
A short recess was called.
The meeting was reconvened at 10~15 p.~.
The following topics were discu~sel~:
A short discussion occur.. r~ on ~'1e status of the c.;J..ole
television fr~nchise trans:.. 00:_ 'p:'"ocess in the City of Savage.
HPA 's $1.00 HUD Program council directed City Manager HUO
Unmacht to check with Bill Jaffa to find out whether this
program will allow homes to be removed from the tax rolls.
Aerial survey of the lake by the DNR to spot eurasian &ut.C1A.i.an.
milfoil. Staff reported that the DNR will conduct an aerial M1~tcLL
survey with infrared detection cameras. This method is
expected to produce a clearer picture as to the extent 01
milfoil infestation in the lake.
5
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the 21st day of August, 1995, by and between
the City of Prior Lake, a municipal corporation organized under the laws of the State of Minnesota and
Progress Land Company, Inc., a Minnesota corporation.
WI1NESSETH TIIA T:
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, Minneso~ 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 fmal plat approval to Carriage
Hills Fourth Addition on the condition that, among other things, Developer enter into this Agreement to
provide for installation of Developer improvements and all other improvements hereafter described all
on the tenns 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 EXHTRITS.
In this agreement the following tenns 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,
Minneso~ by and between City and Developer Progress Land Company, Inc., as the same
may be from time to time modified, amended or supplemented.
b. "Cash Escrow Deposif' means a cash deposit with the City Finance Director in the amount
of S!LQ.O. (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.
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.
i. "Developer" means Progress Land Company, 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 the 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 matenal suppliers for the Development Improvements; or (vii) if the
term of the Letter of Credit and/or the PerformanceIW arranty 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 PerformanceIWarranty Bond at least fifteen (15) days prior to its
expiration.
1. "First Completion Date" means December 1, 1995.
m. "Second Completion Date" means July 1, 1996.
n. "Letter of Credif' means an irrevocable letter of credit in the amount of $303,276.00 (125%
of Cost of Improvements) in the form of Exhibit B.
o. "Including" means including, but not limited to.
p. "PerformanceJWarranty Bond" means a PerformanceIWarranty 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.
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 improvemen,ts, if any, described in
Exhibit C. r
2
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 stonn 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 detennined 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. The costs of
inspection of grading and erosion control improvements by the City or by the City's
Consultant Engineers are to be reimbursed also by the Developer.
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.
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. ~ . .
3
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 - Perfonnance/W arranty 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 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-.ili 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.
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 th~ Letter of Credit or Cash
4
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.
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 the project was completed in compliance with the
approved plans and specifications. The personnel perfonning 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.
,.
~
5
In the event there are sufficient 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 ot: 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 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 SOJlO 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
S3,SOO.OO/net acre
Trunk Stonn Sewer (Res.)
S O.168/net sq. ft.
Collector Street Fee
SI,SOO.OO/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 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;' .
6
-----------------_.~---_._--"'"-_.."----------'
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 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 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 ~ of the original cost of
the Developer Improvements. The 25% Letter of Credit guarantee amount can be reduced upon
the following conditions: .
, .
~
7
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 PerformancelW arranty 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 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.
8
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
affumative 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, 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 is 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:
Progress Land Company, Inc.
14300 Nicollet Court, Suite 335
Bumsville, Minnesota 55306
,.
~
9
Where this Agreement or any provision hereof makes the time of performance subject to
Unavoidable Delay, the time or times for such performance 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 instnlment.
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 thereof, pay to City the
reasonable fees of such attorneys and such other expenses so incurred by City. Developer agrees
to hold hannless, 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 1th day of AUiust, 1995.
By
Glenn R. Kessel
DEVELOPER:
::1~J:1Jr,mc.
Its President
APPROVED AS TO FORM:
CITY OF PRIOR LAKE:
By
Its Mayor
By
By
Its City Manager
. .
I
[This Agreement must be signed by all parties having an interest in the Property.]
10
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 underruns or to the Developer by the
City for cost overruns.
DEVELOPER:
PROGRESS LAND COMPANY, INC.
v-JiL
By: ufJ/(K.€tJ j. r JRfl~Ufl"'; / ~tee.
CITY OF PRIOR LAKE:
Frank Boyles, City Manager
Its:
Lydia Andren, Mayor
,.
,
11
STATE OF MINNESOTA}
}ss:
COUNTY OF SCOTT }
On the day of , 19_, before me, a Notary Public, with and for
said County personally appeared Lydia Andren and Frank Boyles, to me personally known,
being each by me duly sworn did say that they are the Mayor and City Manager, respectively, of
the City of Prior Lake, a Minnesota municipal corporation, named in the foregoing instrument;
and that said instrument was signed on behalf of the municipal corporation and acknowledged
said instrument to be the free act and deed of said municipal corporation.
Notary Public
STATE OF MINNESOTA}
}ss:
COUNTY OF SCOTT }
The foregoing instrument was acknowledged before me this I '-! T >> day of ~U(,- .
, 1995, by WQ~{2l~::r... ,~,~*-'::t)V and by
pPe:,t ~fV I and
Ink. a Minnesota Corporation, on behalf of said corporation.
-/lJJJJ1./~W> ·
Notary Public I
, who are the _
of Pro~ss Land Company,
e....-~:
. .-
;," .~.
RICHARD N. WRIGHT JA.
NOT AFlY PUBLIC - MINNESOTA
SCOTT COUNTY
','Y COMM EXPIFlES 1.3'.2000
,..
~
,
EXHIBIT A,
-.-.1. ..
ENGINEERS ESTIMATE FOR CARRIAGE HILLS FOURTH ADDITION
SANITARY SEWER CONSTRUCTION
Est
.Item Description Unit Quan
A-l
A-2
A-3
A-4
A-5
A-6
A-7
A-8
Conn to Ex. 8" PVC
Each
71
702
515
173
284
174
Unit
Amount
2
$400.00
$12.00
$12.00
$12.00
$14.00
$16.00
$18.00
Amount
$800.00
$852.00
$8,424.00
$6,180.00
$2,422.00
$4,544.00
$3,132.00
10 $1,180.00 $11,800.00
36 $65.00 $2,340.00
40 $50.00 $2,000.00
1473 $6.35 $9,353.55.
500 $4.50 $2,250.00
100 $7.00 $700.00
Total Sanitary Sewer Amount
Conn. to Ex. 8" DIP Each
8" DIP Watermain L.F.
(all depths)
6" DIP Watermain L.F.
(all depths)
1" Copper L.F.
1" Corp, Cb St & Box Each
8" Valve & Box Each
6" Val ve & Box Each
Hydrant, 6" Valve & Box Each
Fittings for DIP Lb.
Total Watermain Amount
WATERMAIN CONSTRUCTION
Est
Item Description Unit Quan
8" PVC 0-8' Deep
8-10' Deep
10-12' Deep
12-14' Deep
14-16' Deep
16-18' Deep
Std MH 0-8' Deep
Extra MH Depth
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
Each
L.F.
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
8" X 4" PVC Wye
Each
4" PVC Service Pipe
(Schedule 40)
Sand Bedding
Crushed Rock
L.F.
Ton
Ton
Unit
Amount
$54,797.55
Amount
3 $375.00 $1,125.00
2205 $15.00 $33,075.00
260 $13.00 $3,380.00
1405 $6.85 $9,624.25
40 $85.00 $3,400.00
3 $475.00 $I, 4-2.5'.00
1 $375.00 $375.00
6 $1,400.00 $8,400.00
2270 $1.00 $2,279.00
,"
~
$63,074.25
C-1
C-2
C-3
C-4
c-5
c-6
c-7
C-8
C-9
C-10
D-l
D-2
D-3
D-4
EXHIBIT A
STORM SEWER CONSTRUCTION
Cut into Ex CBMH Each 1
12" RcP Cl 5, 0-8' Deep
8-~0' Deep
10-12' Deep
12-14' Deep
14-16' Deep
16-18' Deep
18-20' Deep
20-22' Deep
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
Std 48" MHCB 0-8' Deep Each
Extra MH Depth L.F.
Std 2'X 3' CB 0-8' Deep Each
12" Flared End W/Trash GuEach
Grouted Riprap Cu Yd
Remove Ex 15" F.E. &
Bulkhead Ends of Ex 15"
6' Spruce Tree
Clear & Grub
Each
Each
Lump
685
~9
18
23
31
41
102
20
Total Storm Sewer Amount
PAVING CONSTRUCTION
2.5" 2331 Bit. Base Ton 1060
1.5" 2341 Bit. Wear
(Incl. Tack Coat)
Subgrade Preparation
Ton
6" 100% Crushed Rock Base Ton
Lump
D-5 "S" Type Curb & Gutter
D-6 B618 Curb & Gutter
D-7 51 Concrete Sidewalk
D-8 8' Bit Trail
D-9 Adjust CB
D-10 Adjust MH
D-11 Adjust VB
L.F.
L.F.
S.F.
L.F.
Each
Each
Each
$500.00
$20.00
$22.00
$24.00
$27.00
$30.00
$34.00
$38.00
$43.00
4 $1,180.00
6 $85.00
1 $950.00
2
$725.00
$100.00
$500.00
$13,700.00
$4~8.00
$432.00
$621.00
$930.00
$1,394.00
$3,876.00
$860.00
$4,720.00
$510.00
$950.00
$1,450.00
$200.00
$500.00
$600.00
$1,500.00
$33,161.00
$20.50 $21,730.00
640 $23.25 $14,880.00
1 $3,000.00 $3,000.00
3000
3940
125
6220
200
10
Total Paving Amount
Total Project Amount
2
1 $500.00
6 $100.00
1 $1,500.00
$6.35 $19,050.00
$4.60 $18,124.00
$5.40 $675.00
$1.45 $9,019.00
$10.00 $2,000.00
$100.00 $300.00
$225.00 $2,2Sp.00
$140.00 $560.00
$91,588.00
3
4
,.
~
$242,620.80
EXHIBIT A
lil~' i :.24,. 1 ':j\::~ ~8;5b 1:.12-435-311':1 PROGRESS LAND CO. Pr:.GE tL.:
CARRIAGE HILLS FOURTH ADDITION LOT AREAS
GROSS LOT GROSS LOT
LOT BLOCK AREA WIDTH LOT BLOCK AREA WIDTH
1 1 12,017 98.12 ~ 2 12,269 96.00
2 1 10,250 82.00 2 2 10,757 86.00
3 1 10,257 82.05 3 2 10,761 86.00
4 1 11,998 86.19 4 2 11,251 87.40
5 1 12,279 89.25 5 2 ~3,S47 91.38
6 1 12,336 96.14 6 2 12,021 97.00
1 1 ~0,246 89.37 7 2 10,085 80.05
8 1 10,800 80.00
9 1 10,634 80.00 ~ 4 1.3,588 90.99
10 1 12,749 80.34 2 4 15,634 97.00
11 1 10,861 80.06 3 4 14,268 96.00
12 1 10,885 80.00 4 4 16,585 96.32
5 4 1~,499 97.31
1 "3 15,446 84.00
2 3 17,668 112.13 1 5 12,900 86.00
3 3 1.3.060 114.99 2 5 12,900 86.00
4 3 14,620 84.00 3 5 12,307 96.00
5 3 11,717 84.01 4 5 12,152 86.13
6 3 12,213 96.55 5 5 12,830 86.01
7 3 10,073 100.44
8 3 10,088 89.68
I 9 3 12,749 80.00
I 10 3 14.619 80.00
11 3 .tS, 109 80.00
12 3 16,088 80.27
TOTAL GROSS LOT AREA 514,116
AVE LOT AREA 12,539
EASEMENT
1 3 3,570
11 3 2,985
12 3 6,404
TOTAL 12,959
TOTAL NET LOT AREA 501,157
,..
~
EXHIBIT B
No.
DATE:
TO:
City of Prior Lake
16200 Eagle Creek A venue SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
We open Irrevocable Standby Letter of Credit No.
(Spell out dollar amount 00/11 USDLRS)
in the amount ofUSD $
In favor of yourselves,
FOR THE ACCOUNT OF:
Individual Name for Name of Development
Developer's Address
Expires: ( date)
at our counters.
This is a clean Letter of Credit available against drafts drawn at sight on {Bank Name)
(address) Minnesota bearing the clause: Drawn under Standby Letter of Credit Number _
of (bank name) accompanied by this
original Letter of Credit for endorsement.
SPECIAL CONDmON(S):
1. Drafts must purportedly be signed by the Mayor or the City Manager of the City of Prior Lake.
2. This letter of Credit is automatically renewable without amendment for an additional one year period
from the present expiration date, unless (90) ninety days prior to said expiration date we shall notify
you in writing, by Registered Mail, that we have elected not to renew this Letter of Credit. But in no
event shall the expiration date extend beyond (date)
Payment will be made at the counters of (bank name)
Minnesota.
This credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International
Chamber of Commerce Publication No. 400.
Unless otherwise stated, all documents are to be forwarded to us by mail, or hand delivered to our customers.
Documents to be directed to:
(aank name and address)
We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the
terms of this credit will be duly honored upon presentation.
(Bank name)
Authorized Signature
Authorized Signature
, .
~
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EXHIBIT D
DEVELOPER AND CITY COST SlJMMARY
The following is a summary of Developer and City costs for Carriage Hills Fourth Addition. The net
area is 501,157 square feet or 11.505 acres.
DEVELOPER COSTS
6% Administration Fee
Trunk Sewer & Water Fee
Storm Water Management Fee
Collector Street Fee
Traffic Signs
DEVELOPER OWES CITYtrOTAL
$
$
$
$
$
S
14,557.25
40,267.50
84,194.38
17,257.50
250 00
156,526.63
CITY COSTS
Right-Of-Way Greater Than 60 Feet S 0.00
(Collector Street Fund)
Sewer & Water Trunk Costs $ 0.00
(Trunk Reserve)
Storm Sewer Costs $ 33,161.00
(Trunk Reserve)
Trails & Sidewalk Costs $ 2,000.00
(Capital Park Fund)
CITY OWES DEVELOPERrrOTAL S 35,161.00
CARRIAGE mT.T .g FOURTH ADDmON
The following is an itemization of the project costs:
Sanitary Sewer
Watennain
Storm Sewer
Street
TOTAL PROJECT COST
$
$
$
$
S
54,797.55
63,074.25
33,161.00
91 588 00
242,620.80
,.
.
EXHIBIT D
DEVELOPER COSTS
TOTAL CONSTRUCTION COSTS
Determine Amount of Letter of Credit:
Total Project Cost is $242,620.80
125% x $242,620.80
Developer Project Administration Fee:
Total Project Cost is $242,620.80 $
6% x $242,620.80
Determine Developer Trunk Sewer and Watermain Fee: $
11.505 Acres x $3,500/Acre
Determine Developer Storm Water Management Fee:
Net lot area is 501,157 sq. ft.
$0.168/sq. ft. x 501,157 sq. ft.
Determine Developer Collector Street Fee:
Net lot area is 501,157 sq. ft. or 11.505 Acres
$1,500 per Acre x 11.505 Acres
Amount Developer owes for Traffic Signs
5 Signs x $50/Sign
$
242,620.~0
$
303,276.00
14,557.25
40,267.50
$
.84,194.38
$
17,257.50
$
250.00
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EXHlBIT D
CITY COSTS
RIGHT-OF-WAY CREDIT
No oversizing of ROW was required
S
0.00
SEWER & WATER TRUNK CREDIT
No' oversizing on the plans
S
0.00
STORM SEWER CREDIT
Developer's Storm Sewer Cost
(from Exhibit A)
S
33,161.00
COST OF CITY PARK BITUMINOUS TRAIL AT PARK ENTRANCE
The City of Prior Lake has requested the Developer to install the park entrance bituminous trail
in Outlot A of Carriage Hills Fourth Addition. The cost of installing approximately 200 lineal
feet of trail in the project is as follows:
8' Bike Path through Outlot A of Carriage Hills Fourth Addition
8' Bituminous Trail
200 L.F. @ S101L.F.
S
2,000.00
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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. 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. 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 December 1, 1995. All
lot comers shall be set and visible on this date.
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EXHIBIT "F"
POLICY FOR PRfVATE DEVELOPMENT PROJECTS
CONSTRUCrION INSPECTION OF DEVELOPER PROlEcrS AJ.\ID TESTING
REQUIREvIE1'ITS
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 25% 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.
CONSTRlJCTION INSPECTION SERVlCES
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. .-\s-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 ,<;ity 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
S. Construction a(Jrninistration of project
6. Construction payment vouchers
EXHIBF.W1n'
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EXHIBIT G (1)
FIRST CO?v1PLETION DATE
Bond No.
PERFO~'iCE/WARRANTY BOND
Kl'lOWN BY ALL PERSONS BY THESE PRESENTS. that we
(Principal) and
(Surety) are held and
firmly
bound unto the
Ci~ 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.~S, Principal has heretofore deposited with the City of Prior Lake. Letters of Credit to
guanmty 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,
Sanit~ Sewer Watermain Stann Sewer and Streets
(the Public Improvements); and
WHERE.~S. 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
~lHEREAS, the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
PerformancelW'arranty 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 wortnnan~hip 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; otl:~rwise. to remain in full
force and effect.
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For purposes of this Performance/Warrancy BoncL Principal and Surety agree that in the event
that any Public Improvements are damagecL 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.
AIly notice required hereunder shall be deemed properly served when deposited in the U.S. Mail.
certifie~ 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
EXHaI.EN095
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E~IT G (2)
SECOND CO~LETION DATE
Bond No.
PERFORMANCElWARRANTY BOND
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 .-! 100 dollars
($ ) for payment whereof Principal and Surety jointly and severally bind
themselves and their respective heirs, successors, assigns and legal representatives fumly 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,
Sanitax:y Sewer Watermain Stann Sewer and Streets
(the Public Improvements); and
WHERE.AS. 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
WHERE..-\S, the Obligee is willing to reduce the Letters of Credit only if they are replaced by a
PerformanceI\Vammty 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 fonh 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 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 contraCtory (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 PeriocL and cover all obligations including anomey fees.
acfmini~trative costs, and all Developer obligations for payment of contractors, subcontractors
and suppliers/materialmen as required by the Developer's Agreement, then this .obligation sb.all
be null and void; otherwise, to remain in full force and effect.
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For purposes of this PerformanceIWarranty Bon~ Principal and Surety agree that in the event
that my Public Improvements are damagecL the burden shall be on the :Principal to show that,
such damage was Dot 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 (1) 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.
certifie~ postage prepai~ 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
!XJiQ.ENCi95
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RESIDENTIAl. STREET UGHTlNG 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. ResidentiaJ street lighting promotes pedestrian and
traffic safety to the extent that the City shaH approve street lighting where warranted by such concerns.
Ughting requests shall come either by recommendation of the City Engineer or by resident petition. The
capita! 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 aJso instaJllights to City standards at the intersections of
residential streets with collector streets. The developer shaJl pay the full capitaJ cost of every light to be
instaJled; this includes poles, fIXtures, underground wiring, and aH 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) shaH be the standard for new subdivisions.
Where a portion of the development is aJready 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 suc:, 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 instaUations extends to the City
as a whole, these will be done at City expense.
When residents request additionaJ lighting for their neighborhoods. they must do so by petition -
signed by 60~~ of the neighbors affected by the proposed light The affected area shail be 100 linear feet
on either side of the proposed light, on both sides of the street The phicement 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 an 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 shaJl be the standard.
BSSLAACH
Update: 2107/95
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