HomeMy WebLinkAbout5D - Jeffers Pond Elem. School
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
AUGUST 15, 2005
5I>
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A SHORT FORM
DEVELOPMENT CONTRACT WITH THE SCHOOL DISTRICT FOR THE
CONSTRUCTION OF IMPROVEMENTS ON THE JEFFERS POND
ELEMENTARY SCHOOL SITE
Introduction
The purpose of this agenda item is to review a Short Form Development
Contract between the City of Prior Lake and the Prior Lake-Savage Area
School District for the construction of the trails, and the maintenance of the
light weight fill on the Jeffers Pond Elementary School site. This report
recommends the City Council approve the contract and authorize the Mayor
and City Manager to execute the contract.
History
The Prior Lake Savage Area School District is in the process of obtaining site
plan approval for the Jeffers Pond Elementary School. As part of the
construction of this site, the School District is responsible for installing some
bituminous trails, along with landscaping. Normally, this contract would be
approved as part of final plat approval. However, to facilitate the process,
Wensmann Realty agreed to plat the school site as a lot. The School District
agreed the separate development contract would be included as part of the
site plan approval process.
Current Circumstances
The attached short form development contract outlines the required developer
installed improvements. Specifically, these improvements include the
bituminous trail in the adjacent parkland, and along CSAH 21. The contract
also references the necessary landscaping on the site. The contract specifies
the amount of the letter of credit required to cover these improvements. The
contract also specifies the City Administration fee of $4,168.00 for the
administration of the contract. There is also a Construction Observation fee of
$5,210.00 which will be deposited with the City. This fee is an escrowed
amount; any portion of the fee not spent for inspections will be returned to the
School District.
As part of the site grading, the School District received approval to place
lightweight fill over the existing Metropolitan Council Sanitary Sewer
Interceptor to facilitate development of the site. The contract details the
School District's responsibility for this fill, especially as it relates to the removal,
disposal or replacement of the light-weight fill associated with any maintenance
or repair of the sewer. The purpose of this section is to ensure the City does
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
not bear any responsibility for any extra costs which may be associated with
this fill.
ISSUES:
The only issues pertaining to this Contract are the specific terms of the
agreement. The staff believes this contract outlines the appropriate fees and
responsibilities. The School District is currently reviewing the contract.
It should also be noted there is a blank in the contract at the landscaping cost.
We are working with the architect to obtain this cost. Another option is to
eliminate the landscaping from the contract and obtain a separate LOC with
the building permit.
FINANCIAL
IMPACT:
The Contract specifies the required letter of credit, and the fees associated
with the public improvements.
ALTERNATIVES:
The City Council has the following alternatives:
1. Approve the Short Form Development Contract as proposed.
2. Deny the Short Form Development Contract.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
The staff recommends Alternative #1. This requires the following motion:
A motion and second to adopt a resolution approving the Short Form
Development Contract with the School District and authorizing the Mayor and
City Manager to sign the Contract.
Reviewed by:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION OS-xx
Motion By:
Second By:
WHEREAS, The School District is in the process of obtaining site plan approval for the Jeffers Pond
Elementary School; and
WHEREAS, As part of the development of the School site, the School District is responsible for the
construction of certain public improvements; and
WHEREAS, The Short Form Development Contract specifies the responsibility of the School District
with regard to these improvements.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to execute the Short Form Development
Contract on behalf of the City.
PASSED AND ADOPTED THIS 15th DAY OF AUGUST, 2005.
Haugen Haugen
Fleming Fleming
leMair leMair
Petersen Petersen
Zieska Zieska
YES
NO
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
SHORT FORM
DEVELOPMENT CONTRACT
Jeffers Pond Elementary School
PROJECT #EP05-161
This SHORT FORM DEVELOPMENT CONTRACT is entered into this 15th day of August,
2005, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and
Independent School District 719 ("ISD 719").
(1) WHEREAS, the City Council has adopted a Standard Development Contract which is
required to be exceeded as a condition of Final Plat approval; and
(2) WHEREAS, the Standardized Development Contract pertains to all land within the Final
Plat; and
(3) WHEREAS, as part of the Final Plat approval for Jeffers Pond 1st Addition, ISD 719 platted
Lot I, Block 13, for ISD 719 to be the site of an elementary school; and
(4) WHEREAS, the Final Plat for Jeffers Pond 1st Addition did not address the site specific
issues for Lot 1, Block 13, and the construction of the new elementary school; and
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(5) WHEREAS, the City desires to provide for an abbreviated form of its Standard
Development Contract, heretofore referred to as "Short Form Development Contract", which will be used
in three limited situations, to wit: (1) an Outlot is the subject of a Final Plat, (2) no new public
improvements are part of the platting of the Outlot; and (3) development fees and other special provisions
apply to the Final Plat of the Outlot.
Based on the mutual promises and covenants set forth herein, the sufficiency of which is not
disputed, the City and ISD 719 (collectively "Parties") agree as follows:
1. REOUEST FOR SITE PLAN APPROVAL. ISD 719 has asked the City to approve a Site
Plan for the construction of the Jeffers Pond Elementary School (referred to in this Development Contract
as the "Site Plan"). The land is legally described as:
Lot 1, Block 13, Jeffers Pond 1st Addition
2. CONDITIONS OF SITE PLAN APPROVAL. The City hereby approves the Site Plan on
condition that ISD 719 enter into this Development Contract, and record the Development Contract with
the County Recorder or Registrar of Titles within 90 days after the City approves the Site Plan.
3. DEVELOPMENT PLANS. The Site Plan 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 plan varies from
the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plan includes:
Plan A --
Site Plan Dated August 1,2005 (Prepared by Wold Architects & Anderson
Johnson Assoc. Inc.)
The plans set forth above is incorporated herein and made part of this Development Contract.
4. DEVELOPER INSTALLED IMPROVEMENTS. ISD 719 shall install and pay for the
following:
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A. Sidewalks and Trails
B. Landscaping
The Developer Installed Improvements shall be installed in accordance with the City's
Subdivision Ordinance, the City's Public Works Design Manual, and any other applicable City ordinances,
all of which are incorporated herein by reference. ISD 719 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. ISD 719 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. ISD 719, its
contractors and subcontractors, shall follow all instructions received from the City's authorized personnel.
ISD 719 or ISD 719's engineer shall schedule a preconstruction meeting with all parties concerned,
including the City staff, to review the program for the construction work.
5. CONSTRUCTION OBSERVATION The City's authorized personnel shall provide
construction observation during the installation ofISD 719 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, and trails.
6.
DEVELOPER PROVIDED CONSTRUCTION SERVICES.
ISD 719 shall be
responsible for providing all other construction services including, but not limited to:
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.)
7. BOULEVARD AND AREA RESTORATION ISD 719 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
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operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, ISD 719 shall remove the silt fences after turf establishment.
8. TIME OF PERFORMANCE. ISD 719 shall install all required public improvements by
August 1, 2006. ISD 719 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 ISD 719 to reflect cost increases
and the extended completion date.
9. LICENSE. ISD 719 hereby grants the City, its agents, employees, officers and contractors
a non-revocable license to enter the Site to perform all work and inspections deemed appropriate by the
City in conjunction with the development of the Site Plan.
10. EROSION CONTROL. Prior to initiating site grading, the erosion control plan shall be
implemented by ISD 719 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 ISD 719
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 ISD 719 in advance of any proposed action, but failure of the City to do so will not affect ISD
719's and City's rights or obligations hereunder. ISD 719 shall be solely responsible for any costs
incurred by the City for erosion control measures. ISD 719 shall fully reimburse the City for any cost
incurred within ten (10) days of the date of the City's invoice. If ISD 719 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
ISD 719, draw down the Irrevocable Letter of Credit to pay any costs. No development, utility or street
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construction will be allowed unless the Plat is in full compliance with the erosion control requirements.
The notice provisions set out in Paragraph 22 shall not apply to notifications to ISD 719 under this
paragraph.
11. CLEAN UP. ISD 719 shall clean dirt and debris from streets that has resulted from any and
all construction work by ISD 719, homebuilders, contractors and subcontractors, their agents or assigns.
Prior to any construction in the Plat, ISD 719 shall identify, in writing, a responsible party and schedule for
erosion control, street cleaning, and street sweeping. If ISD 719 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 ISD 719. IfISD 719 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 22 shall not apply to notifications to ISD 719 under this paragraph.
12. GRADING PLAN.
A. The Site shall be graded in accordance with the approved grading, development and
erosion control plan(s). The plans and work shall conform to City of Prior Lake Public Works Design
Manual.
B. As-bunts. Before the City releases the Grading Security, ISD 719 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 ofthe following: a) cross sections of ponds, b) location and
elevations along all swales and ditches, and c) lot corners 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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13. 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.
14. CITY ADMINISTRATION. ISD 719 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 Site Plan, project monitoring
during the warranty period, and processing of requests for reduction in security. Fees for this service shall
be $4,168.00, which is four percent (4%) of the estimated construction cost assuming normal construction
and project scheduling.
15. REIMBURSEMENT OF CITY ADMINISTRATION FEES. Once the City approves the
construction costs or estimates for ISD 719 Installed Improvements there will not be any reimbursement to
the City by ISD 719 or to ISD 719 by the City for City Administration fees.
16. 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. ISD 719 shall deposit $5,210.00, which is equal to five percent (5%) of the estimated
construction cost 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 ISD 719 at that time. Extraordinary costs incurred by the City over and above the five percent
(5%) Construction Observation fee shall be billed to ISD 719. Extraordinary costs are defined as costs
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resulting from change orders applied to the project and costs incurred as a result of unknown conditions at
the time of design. The
17. LANDSCAPING. Landscaping for this Site Plan shall comply with the approved Plans.
The cost of the landscaping requirements shall be provided by ISD 719, subject to approval by the City.
Subject to approved Plan D, ISD 719 shall provide a financial guarantee based on an amount equal to
125% of the estimated cost, as set out in Plan D, to furnish and plant the required landscaping and irrigation
system.
18. 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, ISD 719 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
The amount of the
Security was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Trails
$
44,200.00
Landscaping
$
Storm Sewer (CR 21 Culvert Replacement)
$
60,000.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $
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
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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)
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.
19. MAINTENANCE OF LIGHT-WEIGHT FILL.
As part of the site grading the School District received approval to place lightweight fill over the existing
Met Council Sanitary Sewer Interceptor to facilitate development of the site. This approval was contingent
on ISD 719 being responsible for all future costs related to removal, disposal or replacement of the light-
weight fill associated with any maintenance or repair of the sewer. By executing this contract ISD 719
agrees to assume responsibility for any future costs related to the light-weight fill.
20. TRAIL CONSTRUCTION.
ISD 719 shall be responsible for the following trail and sidewalk improvements as part of the site
development:
a) ISD 719 shall rough-grade the future nature trail from the Prior Lake Outlet Channel to the
termination of the proposed bituminous trail as shown in Plan A.
b) ISD 719 shall construct the 8- foot bituminous trail between the future nature trail and CR 21 as
shown in Plan A.
c) ISD 719 shall construct the 5-foot sidewalk between Jeffers Pass and the northern property line
of the site as shown in Plan A.
Prior to placement of aggregate base, ISD 719 shall contact the City Engineering Department for subgrade
inspection.
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21. RESPONSIBILITY FOR COSTS.
A. ISD 719 shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Pursuant to Paragraphs 10 and 11 of this Development Contract, ISD 719 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. In the event ISD 719 fails to reimburse the City, the City will not issue any further
building permits.
22. NOTICES. Required Notices to ISD 719 regarding Paragraphs 10 an 11 shall be in writing,
and shall be either hand delivered to ISD 719, its employees or agents, or mailed to ISD 719 in care of the
Superintendent by certified mail at the following address: Box 539, 5300 Westwood Drive SE, Prior Lake,
Minnesota, USA 55372. 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 & Johnson, 600 US Bank Plaza South, 220 South Sixth Street, Minneapolis,
Minnesota, 55402-4501.
23. 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
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hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
24. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. ISD 719 agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against ISD
719 or ISD 719's agents. In all such matters, including court actions, ISD 719 agrees that the
indemnification and hold harmless provisions set out in Paragraph 16 shall apply to said actions.
25. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. ISD 719, at its sole cost and expense, shall record this Development Contract against the
title to the property within ninety (90) days of the City Council's approval of the Development Contract.
ISD 719 shall provide the City with a recorded copy of the Development Contract. ISD 719 covenants
with the City, its successors and assigns, that ISD 719 is well seized in fee title of the 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 ISD 719 indemnifies and holds the City harmless for any breach of the foregoing
covenants.
26. MISCELLANEOUS.
A. Compliance With Other Laws. ISD 719 represents to the City that the Site Plan
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
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Site Plan until ISD 719 does comply. Upon the City's demand, ISD 719 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.
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. ISD 719 may not assign this Development Contract without the prior
written approval of the City Council. ISD 719's obligation hereunder shall continue in full force and effect
even if ISD 719 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
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By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATEOFMINNESOTA )
( 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
STATE OF MINNESOTA )
( 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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