HomeMy WebLinkAbout5B - Stemmer Ridge
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
JUNE 6, 2005
5B
JANE KANSIER, PLANNING DIRECTOR
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION APPROVING
THE FINAL PLAT AND AUTHORIZING EXECUTION OF
THE CITY'S STANDARD DEVELOPMENT CONTRACT FOR
STEMMER RIDGE
DISCUSSION:
Historv: On December 6, 2004, the City Council adopted Resolution
04-1 79 approving the preliminary plat for Stemmer Ridge. The
preliminary plat consisted of 82.89 acres to be subdivided into 81 lots
for single family dwellings.
The final plat to be known as Stemmer Ridge includes all of the
preliminary plat area. This final plat creates 79 lots for single family
dwellings and 8 outlots. Outlots A, Band C are wetlands, bluff and
excess land area to be deeded to the City; Outlot D is excess land
adjacent to the CSAH 12 realignment; Outlot E is the driveway to the
existing houses in this area; Outlots F, G and H are common area to be
managed by the homeowners association. The plat also includes a 5.88
acre park located on the west side of the plat. This will be the
neighborhood park for Stemmer Ridge and the adjacent parcels.
Current Circumstances: The principal requirements for final plat
approval include a signed Development Contract with surety for the
installation of utilities and streets and the satisfactory completion of all
preliminary plat conditions.
Staff has reviewed the final plat and finds it to be in substantial
compliance with the approved preliminary plat.
THE ISSUES:
The major issue pertaining to this plat is the construction of CSAH 12
through the plat. Scott County is in the planning stages of proposed
reconstruction of County Road 12, and has scheduled the project for
constriction in 2010 in its CIP. The developer has offered to construct
the portion of CSAH 12 across Spring Lake Regional Park. Scott
County has some funds set aside to reimburse the developer for some
of this construction. This proposal results in significant savings to the
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Phone 952.447.4230 / Fax 952.447.4245
CONCLUSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
City and the taxpayers for the CSAH 12 project. To facilitate this
arrangement, the City and Scott County will be entering into a
Cooperative Agreement, which will be considered by the City Council
on this agenda. The approving resolution for this preliminary plat
includes a condition relating to the Cooperative Agreement.
The Development Contract specifies the required improvements for
this plat. Trunk sewer, watermain and storm sewer area charges are
outlined in the Contract. The construction costs for CSAH 12 are also
addressed in the Development Contract. The parkland dedication
requirements for this plat will be satisfied in part by a land dedication
and in part by a cash dedication. The cash dedication is based on the
difference between the park area and the required 10% land dedication
requirement, and amounts to $18,690.00.
A copy of the Development Contract is attached to this report. Staff
will be available to discuss the details of this Contract with the
Council. The Developer has reviewed the contract and has no issues.
Approval of the final plat is contingent on the City and Scott County
entering into a Cooperative Agreement pertaining to the realignment of
CSAH 12.
Budeet Impact: Approval of this final plat will allow construction of
new dwellings, which will contribute to the City's tax base. The
required development fees are deposited into the appropriate City
accounts.
The City Council has three alternatives:
1. Adopt the resolution approving the final plat and Development
Contract for Stemmer Ridge.
2. Deny the resolution approving the final plat.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative # 1. This requires the following motion:
1. A motion and second to adopt a resolution approving the final plat
and Development C tract for Stemmer Ridge and authorizing the
~aYor and City Mager to sign the Development Contract.
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 1 OS-XX
APPROVING THE FINAL PLAT OF "STEMMER RIDGE"
AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY:
SECOND BY:
WHEREAS:
on December 6,2004, the City Council approved the preliminary plat known as Stemmer Ridge, subject
to conditions identified by Resolution 04-179; and
WHEREAS:
The City Council has found that the final plat of "Stemmer Ridge" is in substantial compliance with the
approved preliminary plat for Deerfield; and
WHEREAS:
The City Council has approved the final plat of "Stemmer Ridge Addition."
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA,
that it should and hereby does require the following conditions to be met, prior to release of, and recording of said plat:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The final plat of "Stemmer Ridge" is approved subject to the conditions set forth in this resolution.
3. The final plat of "Stemmer Ridge" is subject to the following conditions, which shall be met prior to release of and recording
of the final plat:
a. Approval of the final plat and development contract is contingent upon approval of the Cooperative Agreement with
Scott County.
b. The Developer must submit deeds for all of the outlots to be conveyed to the City with the final plat documents. These
deeds must be recorded with the final plat.
c. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
d. Payment of all fees prior to release of the final plat mylars.
e. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and one reduction at no
scale which fits onto an 81/2" x 11" sheet of paper.
f. Four mylar sets of the final plat with all required signatures are submitted.
g. The developer provides financial security, acceptable to the City Engineer prior to release of the final plat mylars.
h. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat
approval. Failure to record the documents by September 6, 2005, will render the final plat null and void.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of the City.
Passed and adopted this 6th day of June, 2005.
YES NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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Phone 952.447.4230 / Fax 952.447.4245
DATE: June 1,2005
TO: Jane Kansier, Director of Planning
FROM: Steve Albrecht, City Engineer
CC: Larry Poppler, Asst. City Engineer
Bud Osmundson, Public Works Director
Danette Moore, Planning Coordinator
RE: Stemmer Ridge, City Project # 03-34
The Engineering Department has reviewed the final plat for the above referenced
project and offers the following comments (Please note that additional comments
regarding the construction plans will be forthcoming):
Comments
1. File required watershed buffer conservation easements for all wetlands in Prior
Lake Spring Lake Watershed District.
2. Provide drainage and utility easements over all wetland buffers not in Prior Lake
Spring Lake Watershed District.
3. Outlots A, Band E shall be deeded to the City of Prior Lake
4. Provide drainage and utility easements around wetlands and ponding facilities in
Outlot F including culvert to lake.
5. Provide drainage and utility easement over Outlot H.
6. Outlots C, D, F, G, H and "I" shall be privately owned and maintained.
7. Provide a 10-foot drainage and utility easement along the north lot line of lot 1,
block 3.
8. Provide a 10-foot drainage and utility easement along the west lot line of lot 1,
block 1 and lot 1, block 2.
9. Sanitary sewer and storm sewer as shown on construction plans across lots 1, 2,
7 and 8, block 6 shall not be permitted. The sewer and storm sewer must either
be confined to a single easement along the west edge of lots 1 and 8 or placed
in the ROW.
10. Additional street easements for the cul-de-sacs at the west end of Brentwood
Pass and 16Sth Street must be provided to allow for the City's standard cul-de-
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sac. The easements should extend 5 feet behind the curb line for future removal
of the curb.
11. The storm sewer shown in the drainage and utility easement along the back lot
lines of lots 1-5, 8-10, block 4 shall not be permitted. The storm sewer should be
re-routed in street ROW.
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DEVELOPMENT CONTRACT
STEMMER RIDGE
PROJECT #03-34
This DEVELOPMENT CONTRACT is entered into this 6th day of June, 2005, by and between
the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and ARCON
DEVELOPMENT, INC., a Minnesota corporation (the "Developer"). Based on the mutual promises and
covenants set forth herein, the sufficiency of which is not disputed, the City and the Developer (collectively
"Parties") agree as follows:
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for Stemmer Ridge (referred to in this Development Contract as the "Plat"). The land is legally described
as shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OF PlAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
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3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply
to grading or other approvals set forth in Resolution No. 04-179, dated December 6, 2004, approving the
Preliminary Plat for Stemmer Ridge.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution approving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not proceed until the City approves
Development Contracts for such phases. Fees and charges collected by the City in connection with
infrastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Plat that are designated in an approved Preliminary Plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The plans shall not be attached to this Development Contract, but are incorporated by
reference and made a part of this Development Contract as if fully set forth herein. If the plans vary from
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the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plans are:
Plan A--
Plan B --
Plan C --
Plan D --
Plan E --
Plan F --
Plan G --
Final Plat Dated June 6, 2005 (Prepared by Westwood Professional
Services)
Final Grading, Development, and Erosion Control Planes) Dated March 29,
2005 (Prepared by Westwood Professional Services)
Tree Preservation and Replacement Plans Dated May 26, 2005 (Prepared by
Westwood Professional Services)
Landscaping Plan Dated May 26, 2005 (Prepared by Westwood Professional
Services)
One set of Plans and Specifications for Developer Installed Improvements
Dated as Stamped "Approved By the City Engineer (Prepared by Westwood
Professional Services)
Street Lighting Plan Dated as Stamped "Approved By the City Engineer
(Prepared by Westwood Professional Services)
One set of Plans and Specifications for CR 12 Improvements SAP 70-612-
09 Dated Stamped "Approved By the City Engineer (Prepared by Bolton &
Menk, Inc.)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading and Ponding
H. Underground Utilities
I. Traffic Control Signs
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J. Street Signs
K. Setting of Iron Monuments
L. Sidewalks and Trails
M. Landscaping
The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the
City staff, to review the program for the construction work. Before the Security for the completion of
utilities is released, iron monuments must be installed in accordance with Minn. Stat ~505.02. The
Developer's surveyor shall submit a written notice to the City certifying that the monuments have been
installed.
8. CONSTRUCTION OBSERVATION. The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance
with the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
C. As-built location dimensions for sanitary sewer, watermain and storm sewer
facilities.
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including, but not limited to:
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A. Construction surveying
B. As-built drawings of grading plans.
C. As-built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Tie
dimensions to sewer and water services from City staff or City consultants.)
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved final plans and specifications. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine if
additional testing is necessary. The cost of additional testing is to be paid by the Developer.
E. Lot corners and monuments.
10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment
11.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (I) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat
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12.
TIME OF PERFORMANCE.
The Developer shall install all required public
improvements by October 1, 2006, with the exception of the final wear course of asphalt on streets. The
final wear course on streets shall be installed the first summer after the base layer of asphalt has been in
place for one freeze thaw cycle. The Developer and the City shall consult about an extension of time. If an
extension is granted, it shall be in writing and conditioned upon updating the Security posted by the
Developer to reflect cost increases and the extended completion date.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose,
at no cost to the City, additional erosion control requirements if they are necessary to meet erosion
control objectives. All areas disturbed by the excavation and backfilling operations shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling
erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary
conditions imposed by the City, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. The Developer shall
be solely responsible for any costs incurred by the City for erosion control measures. The Developer
shall fully reimburse the City for any cost incurred within ten (10) days of the date of the City's invoice.
If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10)
days, the City may, without further notice to the Developer, draw down the Irrevocable Letter of Credit
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to pay any costs. No development, utility or street construction will be allowed unless the Plat is in full
compliance with the erosion control requirements. The notice provisions set out in Paragraph 40 shall
not apply to notifications to the Developer under this paragraph.
15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs. The notice provisions set out in Paragraph 40 shall not apply to notifications to the Developer under
this paragraph.
16. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control planes), (Plan B). The plans and work shall conform to City of Prior Lake Public Works
Design Manual.
B. As-buUts. Before the City releases the Grading Security, the Developer shall
provide the City with an as built grading plan and a certification by a registered land surveyor or engineer
that all ponds, swales, and ditches have been constructed on public easements or land owned by the City.
The as built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot comers and house pads. The City may
withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer.
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17. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon completion
of the Developer Installed Improvements required by this Development Contract and final written
acceptance by the City Engineer, the improvements lying within public right-of-way and easements shall
become City property without further notice or action.
18. STREET MAINTENANCE. Developer shall be responsible for all street maintenance
until final written acceptance by the City of the Developer Installed Improvements. Warning signs and
detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing attention to detours. If and when streets
become impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph,
"street maintenance" does not include snow plowing or normal sweeping.
19. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to CR 17 and CR 12 west of CR 8 L No
construction traffic is permitted on the adjacent local streets.
20. IMPROVEMENTS REOUIRED BEFORE ISSUANCE OF BUIWING PERMITS.
A. Grading, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. If building
permits are issued prior to the acceptance of Developer Installed Improvements, the Developer assumes all
liability and costs resulting in delays in completion of the Developer Installed Improvements and damage to
Developer Installed Improvements caused by the City, or its agents or contractors, the Developer, its
contractors, subcontractors, material men, employees, agents or third parties.
B. A permanent Certificate of Occupancy shall not be issued for any building in the
plat until water and sanitary sewer improvements have been installed and the streets have been completed
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and the first lift of bituminous has been placed and said improvements have been inspected and determined
by the City to be available for use.
21. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and
its engineer on the status of or problems regarding the development of the Plat, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be four
percent (4%) of the estimated construction cost as detailed in Exhibit E, less oversizing costs outlined in
Exhibit D, Section A, assuming normal construction and project scheduling.
22. REIMBURSEMENT OF CITY ADMINISTRATION FEES. Once the City approves the
construction costs or estimates for the Developer Installed Improvements there will not be any
reimbursement to the City by the Developer or to the Developer by the City for City Administration fees.
23. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction and
City legal expenses. The Developer shall deposit an amount equal to five percent (5%) of the estimated
construction cost, less oversizing costs outlined in Exhibit D, Section A, for construction observation
performed by the City's authorized personnel and incurred pass-through legal expenses. This amount shall
be maintained by the City in escrow until final acceptance of all Developer Installed Improvements by the
City. Any balance remaining in the escrow account will be returned to the Developer at that time.
Extraordinary costs incurred by the City over and above the five percent (5%) Construction Observation fee
shall be billed to the Developer. Extraordinary costs are defined as costs resulting from change orders
applied to the project and costs incurred as a result of unknown conditions at the time of design.
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24. STORM WATER TRUNK CHARGE. The Developer shall pay a storm water trunk charge
of $132,641.00 prior to the City signing the final Plat. The amount was calculated as follows: 45.07 acres
at $2,943.00 per acre (R-l). The Developer voluntarily delayed this project at the request of the City to
allow Scott County to adjust their TIP for funding, contingent on the 2004 fee schedule being utilized for
development fee calculations. This calculation was determined by the Trunk Storm Sewer Fee
Determination Study adopted by City Council Resolution #01-03 on January 8,2001.
25. SANITARY SEWER AND WATERMAIN ACREAGE CHARGES. A sanitary sewer and
watermain trunk area charge of $157,745.00 shall be paid by the Developer for sanitary sewer and
watermain trunk improvements prior to the City signing the final Plat. The Developer voluntarily delayed
this project at the request of the City to allow Scott County to adjust their TIP for funding, contingent on
the 2004 fee schedule being utilized for development fee calculations. The amount was calculated as
follows: 45.07 acres at $3,500.00 per acre.
26. STREET OVERSIZE ACREAGE CHARGE. This Development Contract requires the
Developer to pay a street oversize acreage charge of $67,605.00 for street improvements prior to the City
signing the final Plat The Developer voluntarily delayed this project at the request of the City to allow
Scott County to adjust their TIP for funding, contingent on the 2004 fee schedule being utilized for
development fee calculations. The amount was calculated as follows: 45.07 acres at $1,500.00 per acre.
27 PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public a
combination of cash and land to satisfy the parkland dedication requirements for this Plat. This calculation
was determined by the Park Fee Study adopted by City Council Resolution #01-10 on February 5,2001,
and updated in April, 2003. The required amount of dedication of land or cash payment shall be
determined by the provisions of Section 1004.1000 if the City Subdivision Ordinance, or by the fee
scheduled adopted by resolution of the City Council. The required land dedication is based on the
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following calculation: 64.72 net acres X 10% equals 6.472 acres. The developer is dedicating 5.876 acres
of land. The remaining dedication shall be satisfied by a cash dedication in lieu of land. This Development
Contract requires the Developer to pay a Park and Trail Dedication Fee of $18,690.00 prior to the City
signing the final Plat. The amount was calculated as follows: 7 units at $2,670.00 per unit. The fee shall
be paid prior to the City signing the final Plat. The Developer shall be responsible for grading the park as
detailed in the construction plans.
28. STREET LIGHTS AND OPERATIONAL COSTS. The Developer is responsible for the
installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed;
this includes poles, fixtures, underground wiring, and all appurtenant work. The Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the
City Engineer and in accordance with the Public Works Design Manual.
29. LANDSCAPING. In accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two
(2) front yard trees on every lot in the Plat that does not already meet this requirement at the time of the
building permit. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of every structure on every lot prior to the issuance of the final certificate of occupancy. If this section
is to be satisfied by existing trees, a tree protection security ("escrowed funds") may also be required. If the
required landscaping is not installed, the City is granted a license to enter upon a lot and install the
landscaping using the escrowed funds deposited by the builder at the time the building permit was issued.
Upon satisfactory completion of the landscaping, the escrowed funds less any draw made by the City, shall
be returned to the person who deposited the funds with the City.
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30. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, the tree
removal is within the allowable removal. No tree replacement is required.
31. SECURITY. To guarantee compliance with the terms of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the form attached hereto as Exhibit B, from a bank for $5,630,075.00. The amount of the
Security was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer
$
640,213.00
Watermain
$
467,576.00
Storm Sewer
$
379,988.00
S treets/Sidewalksffrails
$
1,088,128.00
Grading and Erosion Control
$
700,000.00
CR 12 Improvements
$
1,228,155.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
4,504,060.00
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
5,630,075.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
seven County Twin City Metropolitan area. The Security shall be for a term ending December 31, 2006.
Individual Security instruments may be for shorter terms provided they are replaced at least forty-five (45)
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days prior to their expiration. If the required Developer Installed Improvements are not completed at least
thirty (30) days prior to the expiration of the Security, the City may draw it down. If the Security is drawn
down, the proceeds shall be used to cure the default.
32. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of $782,046.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%) $ 180,162.00
City Construction Observation (5%) $ 225,203.00
Storm Water Management Fee $ 132,641.00
Sanitary Sewer and Watermain Trunk Area Charges $ 157,745.00
Street Oversizing Acreage Charge $ 67,605.00
Park and Trail Dedication Fee (if in lieu of land) $ 18,690.00
TOTAL CITY DEVELOPMENT FEES $ 782,046.00
33. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required work has been satisfactorily completed and financial obligations to the City have been satisfied,
the Security may be reduced by seventy-five percent (75%) of the financial obligations that have been
satisfied upon written authorization by the City Engineer. Any requests for reductions in the Security must
be made in writing to the City Engineer and must be accompanied by lien waivers from any contractor or
subcontractor for the Developer. Twenty-five percent (25%) of the Security shall be retained until all
Developer Installed Improvements and other obligations under this Development Contract have been
completed, including, but not limited to, all financial obligations to the City, and the receipt of all required
as-built street, utility and grading plans by the City.
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In no event shall the five percent (5%) Security be released until the Developer provides the City
Engineer with a certificate from the Developer's registered land surveyor stating that all irons have been set
following site grading and utility and street construction.
34. WARRANTY. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty workmanship.
The warranty period for streets is one year. The warranty period for underground utilities is two years. The
warranty period on Developer Installed Improvements shall commence on the date the City Engineer issues
written acceptance of the improvement. The Developer shall post warranty bonds as security. The City
shall retain twenty-five percent (25%) of the Security posted by the Developer until the City Engineer
accepts the Developer Installed Improvements and the warranty bonds are furnished to the City. All punch
list items must be completed and "as-built" drawings received prior to the commencement of the warranty
period. The retained Security may be used by the City to pay for warranty work. The City standard
specifications for utilities and street construction identify the procedures for final acceptance of streets and
utilities. These standards are set out in the Public Works Design Manual.
35. CR 12 IMPROVEMENTS.
The Developer shall be reimbursed for improvements made to CR 12 as detailed in the Cooperative
Agreement between the City and Scott County attached as Exhibit F to this contract. The total
reimbursement is estimated to be $406,876.00. Prior to reimbursement the Developer must submit a
request for reimbursement to the City. The City Engineer will verify that all work has been completed in
accordance with the plans and specifications prior to recommending reimbursement. Reimbursement
requests are limited to one per month and must be submitted by the 1 st of each month to be considered by
the City Council at their 2nd meeting of each month or the 3rd Monday of each month. This agreement is
contingent on the City and Scott County entering into a Cooperative Agreement pertaining to the
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'"'".' ''--...----. .-.. . ------1--..'---........-- ..".-- "...--....' .--.......----......--.-'''.., ~..--- ."_".__ho__.____"____._.___.OO____ .... --.--~-------_.,,--------,-_.-..-
realignment of CSAH 12. If the Cooperative Agreement is not approved by the City and Scott County, this
Development Contract shall be considered void.
36. OVERSIZING. City and Developer agree that the Developer Installed Improvements
should be oversized for the benefit of future development. Oversizing is the construction of a Developer
Installed Improvement to City specifications that exceeds those that would othelWise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer determines that oversizing is required, the City
shall reimburse the Developer for the costs associated with this work and as approved in this contract. City
and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $
based upon a cost estimate by the City Engineer as determined by an engineer's estimate or contractors bid
to be provided by the Developer and application of the City's Assessment Policy based on a final
engineering design. The calculation for oversizing is attached as Exhibit D.
37. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Irrevocable Letter of Credit Security in an amount up to 125% of the c1aim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the
City from any further proceedings as it pertains to the letters of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Development
Contract.
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~"-_._."-,_...,."..,-_.,~~._._--.._-_. ..-------r--..
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of 1 Y2 percent (1.5%) per month or any part of
a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Developer shall pay the actual interest penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Developer shall be awarded its costs and disbursement, including attorney's fees. incurred in bringing the
action. (See Minn. Stat. 9471.425, Subd. 4a.)
38. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
39. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, anyone or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all real estate property taxes and assessments with respect to the development property;
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations of this Development Contract; (3) failure by the Developer to observe or perform
any covenant, condition, obligation or agreement on its part to be observed or performed under this
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-.---......-.--...-.-.---------........--..--j-.... ,
Development Contract; (4) transfer of any interest in the Plat; (5) failure to correct any warranty
deficiencies; (6) failure by the Developer to reimburse the City for any costs incurred by the City in
connection with this Development Contract; (7) failure by the Developer to renew the Irrevocable Letter of
Credit at least forty-five (45) days prior to its expiration date; (8) receipt by the City from the Developer's
insurer of a notice of pending termination of insurance; (9) a breach of any material provision of this
Development Contract With respect to this paragraph, "material provision" shall be construed broadly to
offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 40 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Development Contract
2. The City may cancel or suspend this Development Contract
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots, including those lots sold to third parties, in this Plat.
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements.
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8. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1-7 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
40. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the
following: (1) the nature of the breach of the term or condition that requires compliance by the Developer,
or the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the
Event of Default; and (3) the time the developer has to cure the breach or remedy the Event of Default.
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
Arcon Development, Inc., 7625 Metro Boulevard, Edina, Minnesota, 55439. Notices to the City shall be in
writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in
care of the City Manager at the following address: City of Prior Lake, 16200 Eagle Creek Avenue, Prior
Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City, Notice(s) shall be served
upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan Sipkins & Johnson, Pillsbury
Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
41. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
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Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
42. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 40 shall apply to said actions.
43. INSURANCE REDUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the
Developer Installed Improvements, public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may arise out of Developer's work or the
work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury
and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for
property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy
of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate
shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C.
44. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within sixty (60) days of the City Council's approval of the Development Contract.
The Developer shall provide the City with a recorded copy of the Development Contract. The Developer
covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
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--..----.-......"-..,M^""-.-..-.-~-.-.-..........-'.l..
property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
45. SPECIAL PROVISIONS. The following special prOVIsIons shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat
B. The Developer is required to submit the final Plat In electronic format The
electronic format shall be compatible with the City's current software.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
46. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
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- "-_....."-_."....... .-... '''--'-'~'''-''--~''"----O'-__''_' ,,"-"-, -....r.... ."...-. -~......_.. ".----,,,...' ...._. .".--_..._.~'"--.."---,,...._.--_..._...
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
provIsIons.
F. Jurisdicition. This Development Contract shall be governed by the laws of the
State of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
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--- -. -,-.~. -- --....- --------------- ..._- --I ~ --. .......----....----....- -..----.~.-..--_. .. - ......-..-.-----. .."... ....---......--. ...-.
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of ,20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
CounciL
NOTARY PUBLIC
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
, 20_,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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...__....+.-'--_..__.._~---~_.._.._._---"-_.._._._..__.._-._--,----..._.._.~...--_.._-_..__..._...__..
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this _ day of
,20_.
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
day of
NOTARY PUBLIC
DRAFfED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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...~_.~---_._...__._..__.-......._,_.._...... ...----~.._---.-...r
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFfED BY:
City of Prior Lake
16200 Eagle Creek A venue SE
Prior Lake, Minnesota 55372
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--,,--"--~".._-_.._.... '-"" "..,....-..----.."..+---.."..--..-" ..--..'..-.......r.-..... -..--. ....-................, -.... ,
DRAFT
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed l?y
the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( SSe
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20____, by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\05 files\05 subdivision\05 final plat\stemmer ridge\development contract.doc
Page 25
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DRAFf
EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Milmesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name ofDevelooer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
, dated
, 20_, of
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
(Address of Bank)
, on or before 4:00 p.m. on November 30,20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
1:\05 files\05 subdivision\05 final plat\stemmer ridge\development contract.doc
Page 31
5/27/05
DRAFT
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Mininlum]
Bodily Injury and Death:
$1,000,000 for one person $2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
1:\05 files\05 subdivision\05 final plat\stemmer ridge\development contract.doc
Page 32
5/27/05
""_._'~~-""---"""~"---'-----~_",,___"__-"""'~_"_'m.''''''''-,'-.u~_,__~"""",_______"""""""""",_,,,,,,,,,___,"-,,,,,,-,,",,'^"~"_
"---~._----~'-~-'--""-~---"-I'-----'----""-"'--'"
DRAFr
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES.
Contractual Liability (Broad Form): YES
Governmental Imnlunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES.
Damage Due to Collapse YES.
Damage Due to Underground Facilities YES.
Broad Form Property Damage YES.
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Mininllun]
Bodily Injury:
$1,000,000 each person
$2,000,000 each occurrence
Property Damage:
$500,000 each OCCUlTence
-OR-
Combined Single Linlit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM TillS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1:\05 files\05 subdivision\05 final plat\stemmer ridge\development contract.doc
Page 33
5/27/05
'~__"~""'_"_"-~""_'~'~""_""""__,^,-""N'''_''''~_''''''''^'''''''''_','~,,,_"P.... "'~~"""''''"'''"'--f~--~''.''-''''_,,_, '.h_~"""'"''''_'"'''''''''' _' .. _"_"w..,,,~...,_.....~,._".....__",_ _~ ,~_> .," .......,.'.~."",,.,___.....,.'o.'"'.._...~," ~".,... "'""_. __,_",.".'..,. ,~"-.,,""".___,_, "~,.'''_,_'_,~;~h__~_~_,_~_,._."",,,,;_.._~~..,,~..__.___,,_.___
DRAFf
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
1:\05 files\05 subdivision\05 final plat\stemmer ridge\development contract.doc
Page 34
5/27/05
EXHIBIT IIEII
Estimated Inflated Unit Total
Description Unit Quantity Quantity Price Price
GRADING AND EROSION CONTROL
Clearing and Grubbing (P) A.C. 10.5 10.5 $5,000.00 $52,500.00
Common Excavation(EV) (P) C.Y. 278720 278720 $1.45 $404,144.00
Subgrade Excavation (BV) (P) C.Y. 76449 76449 $1.45 $110,851.05
Subgrade Correction (EV) c.Y. 16120 16120 $1.70 $27,404.00
Silt Fence (type regular) L.F. 12600 13230 $2.15 $28,444.50
Silt Fence (type heavy duty) L.F. 3550 3728 $2.75 $10,252.00
Rock Construction Entrance Inc. Maint. EACH 2 2 $1,700.00 $3,400.00
Temporary Ditching (w/blanket) L.F. 3000 3150 $7.00 $22,050.00
Temporary Pond Outlet Riser EACH 4 4 $1,500.00 $6,000.00
Temporary Pond Outlet Pipe L.F. 1400 1470 $20.00 $29,400.00
Seeding & Mulching MNDOT 50B (P) ACRE 68.5 68.5 $800.00 $54,800.00
Seeding & Mulching MNDOT 25B (P) ACRE 0.25 0.25 $2,000.00 $500.00
Seeding & Mulching MNDOT 15H (P) ACRE 0.75 0.75 $1,800.00 $1,350.00
Modular Block Retaining Wall S.F. 8000 8400 $20.00 $168,000.00
Straw Wattles L.F. 200 210 $3.00 $630.00
Re-spread Topsoil (P) C.Y. 24968 24968 $1.30 $32,458.40
Wood Fiber Blanket (P) S.Y. 27400 27400 $1.85 $50,690.00
Landlok TRM 435 (P) S.Y. 150 150 $7.00 $1,050.00
Import Compactable Common Borrow (CV) c.y. 18000 18900 $5.00 $94,500.00
Class I Rip Rap C.Y. 12 13 $70.00 $910.00
Remove/Dispose of Silt Fence (all types) L.F. 8000 8400 $0.75 $6,300.00
Remove/Dispose of Temp. Pond Outlet Riser EACH 4 4 $1,000.00 $4,000.00
Remove/Dispose of Temp. Pond Outlet Pipe L.F. 1400 1470 $15.00 $22,050.00
Subtotal Grading and Erosion Control $1,131,683.95
TOTAL $1,131,683.95
- '7cCi( ~r &"""~*- f2~~
SM ~7~5
05-05-26 Grading Standard Cost Form.xls
Page 1 of 1
Printed 5/26/2005
EXHIBIT liE II,
Estimated Inflated Unit Total
Description Unit Quantity Quantity Price Price
SANITARY SEWER
Connect to Existing Sanitary Sewer Manhole EACH 2 2 $2,000.00 $4,000.00
8" PVC SDR 35 Sanitary Sewer (8'-10' Depth) L.F. 3539 3716 $18.00 $66,888.00
8" PVC SDR 35 Sanitary Sewer (10'-12' Depth) L.F. 726 762 $19.00 $14,478.00
8" PVC SDR 35 Sanitary Sewer (12'-14' Depth) L.F. 546 573 $20.00 $11,460.00
8" PVC SDR 35 Sanitary Sewer (14'-16' Depth) L.F. 33 35 $24.00 $840.00
8" PVC SDR 26 Sanitary Sewer (8'-10' Depth) L.F. 13 14 $20.00 $280.00
8" PVC SDR 26 Sanitary Sewer (10'-12' Depth) L.F. 40 42 $22.00 $924.00
8" PVC SDR 26 Sanitary Sewer (12'-14' Depth) L.F. 92 97 $23.00 $2,231.00
8" PVC SDR 26 Sanitary Sewer (14'-16' Depth) L.F. 232 244 $24.00 $5,856.00
8" PVC SDR 26 Sanitary Sewer (16'-18' Depth) L.F. 51 54 $28.00 $1,512.00
10" PVC SDR 35 Sanitary Sewer (0'-8' Depth) L.F. 105 110 $20.00 $2,200.00
10" PVC SDR 35 Sanitary Sewer (8'-10' Depth) L.F. T'" 770 $21.00 $16,170.00
.).)
10" PVC SDR 35 Sanitary Sewer (10'-12' Depth) L.F. 164 172 $22.00 $3,784.00
10" PVC SDR 35 Sanitary Sewer (12'-14' Depth) L.F. 143 150 $23.00 $3,450.00
10" PVC SDR 35 Sanitary Sewer (14'-16' Depth) L.F. 202 212 $24.00 $5,088.00
10" PVC SDR 35 Sanitary Sewer (16'-18' Depth) L.F. 34 36 $28.00 $1,008.00
10" PVC SDR 26 Sanitary Sewer (0'-8' Depth) L.F. 123 129 $22.00 $2,838.00
10" PVC SDR 26 Sanitary Sewer (8'-10' Depth) L.F. 80 84 $23.00 $1,932.00
10" PVC SDR 26 Sanitary Sewer (10'-12' Depth) L.F. 45 47 $24.00 $1,128.00
10" PVC SDR 26 Sanitary Sewer (12'-14' Depth) L.F. 71 75 $26.00 $1,950.00
10" PVC SDR 26 Sanitary Sewer (14'-16' Depth) L.F. 169 177 $28.00 $4,956.00
10" PVC SDR 26 Sanitary Sewer (16'-18' Depth) L.F. 67 70 $30.00 $2,100.00
10" PVC SDR 26 Sanitary Sewer (18'-20' Depth) L.F. 41 43 $32.00 $1,376.00
10" DIP Class 52 Sanitary Sewer (12-14 Depth) L.F. 29 30 $36.00 $1,080.00
10" DIP Class 52 Sanitary Sewer (14-16 Depth) L.F. 26 27 $38.00 $1,026.00
10" DIP Class 52 Sanitary Sewer (16-18 Depth) L.F. 26 27 $42.00 $1,134.00
10" DIP Class 52 Sanitary Sewer (18-20 Depth) L.F. 26 27 $44.00 $1,188.00
10" DIP Class 52 Sanitary Sewer (20-22 Depth) L.F. 27 28 $46.00 $1,288.00
10" DIP Class 52 Sanitary Sewer (22-24 Depth) L.F. 24 25 $48.00 $1,200.00
10" DIP Class 52 Sanitary Sewer (24-26 Depth) L.F. 27 28 $52.00 $1,456.00
10" DIP Class 52 Sanitary Sewer (26-28 Depth) L.F. 28 29 $54.00 $1,566.00
10" DIP Class 52 Sanitary Sewer (28-30 Depth) L.F. ... 23 24 $56.00 $1,344.00
10" DIP Class 52 Sanitary Sewer (30-32 Depth) L.F. 410 431 $58.00 $24,998.00
10" DIP Class 52 Sanitary Sewer (32-34Depth) L.F. 374 393 $60.00 $23,580.00
10" DIP Class 52 Sanitary Sewer (34-36 Depth) L.F. 60 63 $61. 00 $3,843.00
10" DIP Class 52 Sanitary Sewer (36-38 Depth) L.F. 120 126 $62.00 $7,812.00
8" PVC Plug EACH 2 2 $100.00 $200.00
Standard 48" Diameter Manhole (0-8' Depth) EACH 51 54 $2,250.00 $121,500.00
Outside Drop Section EACH 6 6 $1,500.00 $9,000.00
Drop Riser V.F. 91.48 96 $80.00 $7,680.00
Extra Depth 48" Diameter Manhole V.F. 416.9 438 $120.00 $52,560.00
4" x 8" PVC SDR 26 Wye EACH 70 74 $150.00 $11,100.00
4" x 10" DIP Wye EACH 3 3 $200.00 $600.00
4"x 1 0" PVC SDR 26 Wye EACH 12 13 $175.00 $2,275.00
4" PVC SDR 26 Riser Pipe V.F. 68.5 72 $24.00 $1,728.00
4" PVC SDR 26 Sanitary Sewer Service Pipe (Horizontal) L.F. 2254 2367 $12.00 $28,404.00
4" PVC SDR 26 Bend EACH 88 92 $50.00 $4,600.00
6" PVC SDR 26 Plug EACH 88 92 $12.00 $1,104.00
Trench Stabilization Aggregate (500#/L.F.) TON 2112 2218 $12.00 $26,616.00
Televise Sanitary Sewer L.F. 8449 8871 $1. 00 $8,871.00
20" DIP Class 52 Sanitary Sewer Forcernain(all depths) L.F. 2480 2604 $50.00 $130,200.00
Fittings (Ductile Iron C-153) LB. 1,845 1937 $3.00 $5,811.00
Subtotal Sanitary Sewer $640,213.00
05-05-25 Overall Cost Form.xls
Page 1 of 3
Printed 5/26/2005
EXHIBIT IIEII
WATER MAIN
Remove Plug and Connect to Existing Water Main EACH 2 2 $500.00 $1,000.00
6" DIP Class 52 Water Main (All Depths) L.F. 291 306 $22.00 $6,732.00
8" DIP Class 52 Water Main (All Depths) L.F. 4044 4246 $24.00 $101,904.00
16" DIP Class 51 Water Main (All Depths) L.F. 3050 3203 $50.00 $160,150.00
Hydrant with Auxiliary Valve EACH 17 18 $2,250.00 $40,500.00
8" Gate Valve & Box EACH 10 11 $850.00 $9,350.00
16" Gate Valve & Box EACH 5 5 $12,000.00 $60,000.00
Gate Valve Extension EACH 1 1 $500.00 $500.00
6" Hydrant Extension EACH 1 1 $500.00 $500.00
Fittings (Ductile Iron C-153) LB. 8,050 8453 $3.00 $25,359.00
1" Corporation Stop with Saddle EACH 85 89 $75.00 $6,675.00
1" Copper Water Service (Horizontal) L.F. 2060 2163 $12.00 $25,956.00
I" Curb Stop with Box EACH 85 89 $200.00 $17,800.00
Air Relief Valve Manhole EACH 1 1 $8,000.00 $8,000.00
4" Thick Insulation S.Y. 200 210 $15.00 $3,150.00
Subtotal Water Main $467,576.00
SToRM SEWER
15" RC Pipe, Class V (0-8 depth) L.F. 3020 3171 $25.00 $79,275.00
15" RC Pipe, Class V (8-10 depth). L.F. 258 271 $28.00 $7,588.00
18" RC Pipe, Class V (0-8 depth) L.F. 488 512 $28.00 $14,336.00
18" RC Pipe, Class V (8-10 depth) L.F. 191 201 $29.00 $5,829.00
18" RC Pipe, Class V (10-12 depth) L.F. 221 232 $30.00 $6,960.00
18" RC Pipe, Class V (12-14 depth) L.F. 134 141 $31. 00 $4,371.00
18" RC Pipe, Class V (14-16 depth) L.F. 77 81 $34.00 $2,754.00
18" RC Pipe, Class V (16-18 depth) L.F. 101 106 $35.00 $3,710.00
18" RC Pipe, Class V (18-20 depth) L.F. 14 15 $36.00 $540.00
21" RC Pipe, Class IV (all depths) L.F. 1443 1515 $34.00 $51,510.00
24" RC Pipe, Class III (all depths) L.F. 124 130 $44.00 $5,720.00
27" RC Pipe, Class IV (0-8 depth) L.F. 179 -_. '-- 188 $48.00 $9,024.00-
27" RC Pipe, Class IV (8-1 Odepth) L.F. 127 133 $50.00 $6,650.00
27" RC Pipe, Class IV (10-12 depth) L.F. I.- 52 55 $52.00 $2,860.00
30" RC Pipe, Class III (all depths) L.F. 181 190 $54.00 $10,260.00
2'x3" CB EACH 12 13 $1,300.00 $16,900.00
27"CB EACH 5 5 $1,300.00 $6,500.00
48" Diameter CBMH/STMH (0-8' Depth) EACH 44 46 $1,800.00 $82,800.00
60" Diameter CBMH/STMH (0-8' Depth) EACH 6 6 $4,000.00 $24,000.00
Extra Depth 48" Diameter Manhole V.F. 27.7 29 $150.00 $4,350.00
Extra Depth 60" Diameter Manhole V.F. 10.7 11 $250.00 $2,750.00
4" PVC Draintile (Inc. rock and fabric) L.F. 600 630 $12.00 $7,560.00
18" RC Flared End Section wrrrash guard EACH 1 1 $1,300.00 $1,300.00
30" RC Flared End Section wrrrash guard EACH 1 1 $3,500.00 $3,500.00
Turf Restoration (Seed and Mulch MNDOT SOB) L.S. 1 1 $2,500.00 $2,500.00
Class 3 Rip Rap (Type Limestone, inc!. filter fabric) c.Y. 30 32 $80.00 $2,560.00
Inlet Protection (silt fence and hay bales as per detail) EACH 67 70 $90.00 $6,300.00
Granular Filter Material C.Y. 15 16 $40.00 $640.00
Jetting Storm Sewer for final acceptance L.F. 6610 6941 $1. 00 $6,941.00
Subtotal Storm Sewer $379,988.00
05-05-25 Overall Cost Form.xls
Page 2 of 3
Printed 5/26/2005
c."'" _ .^._=-............-_"',..,..'__"...,"_.~.~"..,.,....~....._..___......,._""'~_~_.~"""_"",_~,-",......._.,____-..........~....,,,........;.,-,.____,~___.,"
EXHIBIT IIEII
STREETS
Subgrade Preparation (2.5' BOC) (P) S.Y. 31,404 32974 $0.50 $16,487.00
24" Thick Granular Borrow (P) S.Y. 29,890 31385 $12.00 $376,620.00
3" Minus Crushed Quarry Rock Stabilizing Agg. TON 1,020 1071 $15.00 $16,065.00
8", MnDOT 2211, Class 5 Agg. Base, 100% Limestone (P) S.Y. 28845 30287 $6.00 $181,722.00
Utility Crossings (pipe supplied by others) EACH 13 14 $300.00 $4,200.00
Concrete Curb & Gutter - All Types L.F. 13263 13926 $10.00 $139,260.00
2-1/2" MnDOT 2331, Type 31B Bit. Base Course (P) S.Y. 24,423 25644 $4.75 $121,809.00
Adjust Manhole Castings EACH 48 50 $300.00 $15,000.00
Adjust Gate Valve Castings EACH 15 16 $250.00 $4,000.00
Street Cleaning For Wear Course Installation L.S. 1 1 $1,500.00 $1,500.00
MnDOT 2357 Tack Coat (P) GAL 1225 1286 $1.50 $1,929.00
1-1/2" MnDOT 2331, Type 41A Bit. Wear Course (yr 2006)(P) S.Y. 24423 25644 $3.00 $76,932.00
Temporary Cul-de-sac (Inc. CL5 , Bit Pave.) S.Y. 150 158 $10.00 $1,580.00
5' Wide x 5" Thick Cone. sidewalk inc. 4" Cl. 5, Base L.F. 2,865 3008 $18.00 $54,144.00
8' Wide x 2-1/2" Thick Bit. Trail inc. 4" Class 5, Agg Base L.F. 3,615 3796 $14.00 $53,144.00
Boulevard restoration (2 rolls of sod back of curb 36" Min.) L.F. 13,263 13926 $1.20 $16,711.20
Furnish and Install Traffic Barricade EACH 10 11 $275.00 $3,025.00
Pedestrian Ramps EACH 8 8 $500.00 $4,000.00
Subtotal Streets $1,088,128.20
SUMMARY
Subtotal Sanitary Sewer $640,213.00
Subtotal Water Main $467,576.00
Subtotal Storm Sewer $379,988.00
Subtotal Streets $1,088,128.20
TOTAL $2,575,905.20
05-05-25 Overall Cost Form.xls
Page 3 of 3
Printed 5/26/2005
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. Approval of the final plat and development contract is contingent upon approval of the Cooperative
Agreement with Scott County.
2. The Developer must submit deeds for all of the outlots to be conveyed to the City with the final plat
documents. These deeds must be recorded with the final plat.
3. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
4. Payment of all fees prior to release of the final plat mylars.
5. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x II" sheet of paper.
6. Four mylar sets of the final plat with all required signatures are submitted.
7. The developer provides financial security, acceptable to the City Engineer prior to release of the final
plat mylars.
8. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by September 6,2005, will render the
final plat null and void.
1:\05 files\05 subdivision\05 final plat\stemmer ridge\development contract.doc
5/27/05
Page 39
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DRAFT
EXHIBIT "G"
TO
DEVELOPMENT CONTRACT
COOPERATIVE AGREEMENT WITH SCOTT COUNTY
1:\05 files\05 subdivision\05 final plat\stemmer ridge\development contract.doc
Page 40
5/27/05
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