HomeMy WebLinkAboutJuly 27, 1992, special meeting SPECIAL MEETING
AGENDA
Monday, July 27, 1992
6:30 p.m.
I. Call to Order
II. Consider the Final Plat and Developer's
Agreement for Radermacher's First Addition
I I I. Adjourn
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
ESo
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR & CITY COUNCILMEMBERS
LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS
RADERMACHERS FIRST ADDITION
JULY 24, 1992
Lee Radermacher has requested that the City Council approve
Radermachers First Addition on Monday, July 27, 1992, at the
Special Council meeting. Staff has been trying to accommodate
this but has been hampered by lateness of submission of
information. The Agenda Report is not complete at this time.
Attached is a copy of the Developer's Agreement which has not
been reviewed by the developer's attorney. The developer may
request changes which will be presented at the meeting if staff
concurs.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN' EQUAL OPPORTUNITY F]qPLOYFR
P
I.%' ,N E
INTEROFFICE
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
DAVID J. UNMACHT, CITY MANAGER
LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS
RADERMACHERS FIRST ADDITION
JULY 27, 1992
Staff has been requested to review the above referenced plat for
final plat approval on July 27, 1992. The plat submission data
ideally could have been submitted earlier to enable Staff to
provide a written report to the Council prior to the meeting. In
an effort to accommodate the developer's request to have final
plat approval, today no formal written report will be made.
Final plat approval can be made with the following contingencies:
A Letter of Credit be provided as outlined in the
Developers Agreement.
Final construction plans be provided incorporating Bruce
Ix)ney's comments in his July 22, 1992 memorandum.
Park dedication be paid in the amount of $23,216.00 for
Outlot A and B and Lot 1, Block 1.
®
Developers Agreement be paid in the amount of $72,833.72
for Outlot A and B, and Lot 1, Block 1.
5. The final plat fee be paid in the amount of $25.00.
6. The plat be revised to provide utility easements
acceptable to the City Engineer.
7. The landscape plan be acceptable to the City Planner.
The developer show Proof of Ownership acceptable to the
City Attorney.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLIDYER
Minutes of the Prior Lake City Council
July 6, 1992
The next order of business was:
Authority Meeting.
Conduct Economic Development
MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO ADJOURN THE
COUNCIL MEETING FOR THE PURPOSE OF CONDUCTING THE ECONOMIC
DEVELOPMENT AUTHORITY MEETING.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski,
and White, the motion passed unanimously.
Scott
Mayor Andren reconvened the Council meeting at 8:00 p.m.
The next order of business was to affirm the actions of the
Economic Development Authority.
MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO AFFIRM THE
ACTIONS OF THE EDA WITH RESPECT TO THE ADDENDUM TO OPTION TO
PURCHASE REAL ESTATE AGREEMENT WITH ADELMANN CONSERVATORSHIP.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski,
and White, the motion passed unanimously.
Scott
MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO AFFIRM THE
ACTIONS OF THE EDA WITH RESPECT TO THE ADOPTION OF A NOTICE TO
EXERCISE OPTION TO PURCHASE REAL ESTATE.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski,
and White, the motion passed unanimously.
Scott
The next order of business was:
Consider Approval of Preliminary Plat of Radermachers First
Addition. City Manager Unmacht opened the discussion by
xplaining the procedures to be followed during the meeting and
ntroduced Lyle Fuller, Super Valu representative. Mr. Fuller
presented drawings of the plat, proposed plans for the store and
discussed details with regard to the preliminary plat request.
Public Works Director Anderson thanked the Radermachers and Dave
Chromy for their patience over the course of negotiations and the
platting process, and thanked Council Subcommittee members Carol
S~ott and John Fitzgerald for their assistance. Anderson then
d~scussed details with regard to access, storm water management,
variance required and proposed street plans. Discussion occurred
on the.future relocation of CR 23, temporary signals, future
extension of Five Hawks Avenue, lighting, park dedication and
safety concerns. Additional discussion occurred on the
contingencies requested by the.Planning Commission. Mayor Andren
asked for comments from the audience; there were none.
Additional discussion occurred regarding truck traffic and
developers agreement, impact of McDonalds access as.well as park
dedication and assessments relating to outlots C & D
2
Mihutes of the Prior Lake City Council
July 6, 1992
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE
PP. ELIMINARY PLAT FOR RADERMACHERS FIRST ADDITION SUBJECT TO THE
SEVEN CONTINGENCIES STIPULATED BY THE PLANNING COMMISSION WITH
THE ADDITION OF A NEW CONTINGENCY ITEM 8, LANDSCAPING WITH THE
DEVELOPMENT PLAN TO BE IN COMPLIANCE WITH THE PROPOSED
LANDSCAPING ORDINANCE AS MUCH AS POSSIBLE, AND THAT THIS MOTION
SPECIFICALLY DOES NOT GIVE SITE APPROVAL TO THE "PROPOSED FUTURE
DEVELOPMENT" INDICATED ON OUTLOT C.
Upon a vote taken,.ayes by Andren, Fitzgerald, Kedrowski, Scott
and White, the motion passed unanimously.
MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE
RESOLUTION 92-22 AUTHORIZING THE STATE OF MINNESOTA TO CONDUCT A
SPEED STUDY ON STATE HIGHWAY 13.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski,
and White, the motion passed unanimously.
Scott
Councilmember Fitzgerald agreed that staff should be directed
under general consensus direction from the Council to monitor
and ensure that those concerns with regard to traffic as
identified by the Planning Commission be addressed as needed.
Council concurred.
A short recess was called.
The meeting was reconvened at 8:30 p.m.
The next order of business was: Consider Approval of Bid Award
for Project 92-11 (Franklin Trail Walk) and Resolution 92-21.
Assistant City Engineer Loney presented the results of tabulated
bids received during the Bid Opening on July 1, 1992. The low
bidder was West Star Curb and Concrete Company in the base bid
amount of $47,377 and $54,491.80 for base and alternate bid.
Loney discussed the options available to Council as to whether
they wanted to do all the projects or just the base project along
Franklin Trail. The alternate projects included an improvement
of a concrete walk along Franklin Trail from CSAH 44 to T.H. 13 ,
completio~ of the bituminous trail connection to Lakefront Park
along Main Avenue and entrances to Fish Point and Oakland Beach
parks. Parks and Recreation Director Mangan discussed funding
options for project 92-11. Discussion occurred on location of
the trails, costs and funding. Council directed staff to notify
the neighborhood surrounding Fish Point Park of the intent to
pave the trail and access from 150th street through the park.
MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE A
TRANSFER FROM THE GENERAL FUND BALANCE TO THE PARK DEDICATION
FUND FOR PROJECT 92-11 IN AN AMOUNT NOT TO EXCEED $85,000.00.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski,
and White, the motion passed unanimously.
Scott
MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE
RESOLUTION 92-21 ACCEPTING BID FOR PROJECT NO. 92-11 FRANKLIN
TRAIL WALK.
intersection, the state and county have no funds for
making improvements this year. Prior Lake should urge both the
~tate and county to include these improvements in their capital
~mprovement programs as soon as possible.
RECOMMENDATION=
Staff has found the proposed subdivision to be in sustantial
compliance with Prior Lake's comprehensive plan and policies and
recommend preliminary plat approval contingent upon the
following:
The applicant has indicated in his application that the
right-of-way for County R~ad 23 will not be dedicated.at
this time. This right-of way must be dedicated with
this subdivision and the developers agreement which
will be required as part of the final plat must address
the applicants participating share of the improvements.
The preliminary plat sho~s that the existing driveway to
McDonald's will be relocated in Outlot B. However,
Outlot B must be shown in a location acceptable to the
City Engineer·
3. Access to 170th Street must be addressed to the
satisfication of the City Engineer·
A profile .and cross section must be provided and
acceptable to the City Engineer·
An erosion control.plan must be acceptable to the City
Engineer along with drainage calulations a~d an
acceptable storm water and water quality system·
Capacity exists in the sanitar~ sewer and water system
to serve the subdivision· Utility plans must reflect
both sewer and water extensions to property lines.
PFelimin~ry utility plans must be acceptable to the
City Engineer.
INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS
BRUCE LONEY, ASSISTANT CITY ENGINEER
RADERMACHER'S FIRST ADDITION - FINAL PLANS
JULY 22, 1992
The following comments are on the review of the
Market Store civil plans and specifications
Planmark, Inc.:
proposed County
as submitted by
Sheet C-1
1.) At the intersection of T.H. 13 and store road, conduit should
be placed under the road for a possible temporary signal in
the future.
2.) McDonald's current access needs to be' eliminated upon the
completion of the future access. Also this future access
should be constructed at the time the road to County Market
is completed.
Sheet C-2
3.) General comment - Easements to City need to be
watermain, sanitary sewer and storm sewer
right-of-way.
provided for
lines off of
4.) Scott County permit needs to be applied for on the utility
line construction within Scott County right-of-way.
5.) The 30" RC Apron riprap section may need to be
the nearby wetland or to a flat slope area
scouring.
extended to
to prevent
Sheet C-3
6.) Note No. 12 should read - upon completion of construction and
turf establishment, pond to be filled.
7.) The note addressing stockpiling of excess topsoil and
unsuitable materials should include establishment of turf by
the contractor also.
8.) The turf in Outlot A should be established by this contractor
and McDonald's should be notified that no truck parking is
allowed in this area.
Sheet C-§
9.) Hydrant and gate valve details are not included in the plans.
Sheet C-7
10.)On the watermain profile by the future road, it appears the
watermain should be lowered to meet the future profile in
this area. If profile is OK, 11 1/4 degree bends may be
necessary to meet the vertical alignment change as proposed.
Sheet C-9
ll.)The last three Joints of the 30" RCP outlet should be tied
per MnDOT specifications.
SDecification Book'
12.)Under Section 02200, Earthwork, page 05200-5, paragraph 3.03
B, all unsuitable material should be excavated to a point 3
feet below finished subgrade elevation.
13.)Section 02660, Water Distribution, Part
Watermain pipe shall be Class 52 for 6" or
pipe. ~
2 - Products, B
8" ductile iron
14.)Section 02260, Water Distribution, Part 2 - Products H -
Valves specified are butterfly valves versus the usual gate
valve type. City standard is resilant gate valve.
15.)Section 02736, Sewage 2 Drainage - the pipe type and grade
for Pvc sanitary sewer needs to be stated on plans or
specifications.
16.)~ighting pole and. fixtures need to be added at T.H. 13
intersection (one fixture) and at the County Market entrance
off of future C.S.A.H. 23 (one fixture). These two lights
should be metered separately than the County Market's lights
so the electricity use can be billed to the City.
COlITR&¢TOR ?O PVIINISN &Il0 INSTALL
INC~.I.'0(0 IN T#J CONTR&CT PRICJ il0
./' / .
J L,&YCR$
PAC~R NYDNA#?
//
$1O[WALK .
,. JJ
~ C~J Y~qo
ILOCK
P#[ r.,&ST CONC RJTJ
HYDRANT O VALVE TO IJ
IlgTl~ RE?AIII~ J,.ANOI MAY K
USiD IN LIBI 0F TlC IKOI,
NOTJt ALL HYDRANTS SHALl. lC OIYCN ONJ
&OOITIONA~ CQ&T OF PAINT &FTJR INSTALLATION.
ALI,. LSR&I0[0 SVRF&CC$ II(ALL lC CL_JANI:D
PRIOR TO APPLICATION OF T14C FINAL fl13.0 COAT.
M.~ AT NO ADDITION&k COklPCNIATION.
APPROVED: I TYP~AL..','0.Am'I CITY OF PRIOR LAKE I
_'. .... I INSTALLATION I ~ ENGINEERING DEP'CI
v~vz aox ~H eGUL~VA~ ~q~ NUME~R ~
VALVE BOX FOR
BUTTERFLY OR BALL VALVE
GATE VALVE BOX INSTALLATION
APPROVED: I vALVE BOX l ClTY OF PRIOR LAKE!
WATER MAIN' ~~R 303 __1
Al.
All pipe furnished for water main and
branch line lnstalla~ions shall be
Ductile Iron. Wherever connection of
dissimilar materials or designs is
rec,/ired, the.method of Joining and any
special fittings employed shall be
subject to the approval of the Engineer.
Cast Iron and Ductile Iron Pipe Fittings
Ductile iron pipe shall be Class 52 for
6" and 8" diameter and Class 51 for 12"
diameter and larger. Fittings shall
Class 250.
Append the following to Section 2611.2
Al. Pipe Joints shall be "Fastite"
(American Cast Iron Pipe Company), "Bell
Tire" (James B. Clow and Sons, Inc.) or
"Tyton" (U.S. Pipe and Foundary Company),
except that mechanical Joint, short body
fittings, cemen~ lines, Class 250, shall
be used for stub ends and all fittings.
Retainer Glands: Retainer Glands shall
be ductile itoh designed to withstand
pressures shown in Table No. 9-6 of
American Cast Iron Pipe Company's
Catalog. Retainer .glands shall be by
American or US Pipe
ElectricaI Conductivity: Ail joints on
pipe and fittings sh~ll be connected with
an electrical ~onduoting copper strap,
clips or cable designed and tested to
withstand 500 ampst
'Fire Hydrants
Amend Section 2611.2B as follows;
Hydrants 'shall be Waterous Pacer Traffic
t~pe and shall be in accordance with the
S~andard (American Water Works
Association) Specification C-502 latest
revision. Hydrant hose connections shall
be National Standard Thread. Ail nozzle
covers shall be pentagonal nut caps. The
hydrants shall have two 2 1/2" hose
connections (thread size , 3 2/32" O.D.
701.2 T.P.I.) and one 4 1/2" pumper
connection (third size 5 24/32" O.D.
701.2 T.P.I.). The hydrants shall be
14
furnished wi~:h a 16" traffic sect:ion
from ground line to centerline
.nozzle)... ~...?: ...... ~
A11 hydrants shall have a six inch
mechanical Joint inlet for connecting to
a six inch ductile iron lead from the
main.
There shall be a gate valve
between the hydrant and the watermain or
lateral. Hydrant bury length shall be
8'-6" with heavy duty operating rod. The
hydrants shallhave all working parts of
bronze and shall be designe~ for 250 psi
working pressure and 300 psx hydrostatic
pressure..
Ail hydrants shall bo given one
additional coat of paint after
installation. Ail abraded surfaces shall
befinal cleanedfieldPriOrcoat.to application of the
Ail hydrants shall be
"flexi-flag" markeR.
Valve Housings
affixed with a
Valve Boxes~ Valve boxes shall be Clow,
Tyler, or approved equal, screw type for
5-1/4" shaft, cast iron, American made,
cover marked with "Water". Cover to be
"S~ayTl~t" Clow F-249~, or equal. Box to
be adjustable a minimum of 6" up and down
from ~he specified depth of pipe bury.
C2. Gate Valvee
2611.2 C2 as follows: Ail
less shall be compression resilient
seated gate valves in accordance with the
AWWA C-509 specification la=est revision.
Valves shall be either American or
approved equal. Valves shall have
"O-ring" construction and be designed for
200 psi working pressure.
15
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into this 27th day of
July , 1992 , by and between the City of Prior Lake, a
municipal corporation organized under the laws of the State of
Minnesota, ("City"), and LeRoy R. Radermacher and Marilyn F.
Radermacher , as Joint Tenants , ("Developer").
WITNESSETH THAT:
WHEREAS, Developer is duly organized to do
State of Minnesota and owns the Property,
defined, and
business in the
as herein after
WHEREAS, Developer desires to develop the Property; and
WHEREAS, Developer has made application to the City Council
for approval of the plat of the Property; and
WHEREAS, the City has granted preliminary plat approval to
th? Property Subdivision, on the condition that, among other
things, Developer enter into this Agreement to ~rovide for
installation of Developer improvements and all other improvements
hereafter described all on the terms and conditions hereafter set
forth.
NOW, THEREFORE, in consideration of these premises and of the
mutual promises and conditions hereinafter contained, it is
hereby agreed as follows:
DEFINITIONS; RULES OF INTERPRETATION AND EXHIBITS.
In this Agreement the following terms shall have the
following respective megnings unless the context hereof
clearly requires otherwise:
a. "Agreement" means this Contract for Development of Land
in the City of Prior Lake, Minnesota, by and between
City and Developer as the same may be from time to time
modified, amended or supplemented.
b. "Cash Escrow Deposit" means a cash deposit with the City
Finance Director in the amount of $ Zero (125% of
Cost of Developers Improvements).
c. "City" means the City of Prior Lake,
subdivision of the State of Minnesota.
a governmental
d. "C%ty Attorney" means the City Attorney of the City of
Prior Lake.
e. "City Council" means the Prior Lake City Council.
f. "City E~ineer" means the City Engineer of the City
Prior Lake.
1
of
g. "City Finance Director" means the City Finance
of the City of Prior Lake.
Director
h. "Cost of Developer Improvements" means the cost of
Developer Improvements as estimated by the City Engineer
on Exhibit A in the City Engineer's sole and absolute
discretion.
i. "Developer" means LeRoy R. Radermacher and Marilyn F.
Radermacher their successors and assigns.
j. "Developer's Installed and Financed Improvements" means
the construction work to be performed by Developer on
the Property including, but not limited to, the trees,
to~soil and sodding, sidewalks and driveways, curb-stop
adjustments, street lighting, streets, curb and gutter,
water supply, sanitary sewer drainage, Permanent Street
Improvements and Traffic Signing Improvements to be
performed, installed or constructed upon the Property
pursuant to this Agreement, the plans, specifications,
drawings and related documents, and in accordance with
the policies and ordinances of City as City may adopt
from time to time.
k. "Event of Default" shall mean whenever it is used in
this Agreement any one or mor~ of the following events:
(i) failure by Developer to timely pay all real property
taxes assessed with respect to the Property; (ii)
failure by Developer to commence and complete
construction of Developer's Improvements pursuant to the
terms, conditions and limitations of this Agreement;
(iii) failure by Developer to observe or perform any
covenant, condition, obligation or agreement on their
pgrt to be observed or performed under this Agreement;
(~v) transfer of any interest in Developer or (v)
failure to correct warranty deficiencies.
1. "First Completion Date" means November 30,.. 1992 .
m. "Second Completion Date" means November 30,. 1992 .
n. "Including" means including, but not limited to.
o. "Letter of Credit" means an irrevocable letter of credit
in the amount of $226,127.50 (125% of Cost of Developer
Improvements) in the form of Exhibit B.
p. "Permanent Street Improvements" means permanent street
surfacing in accordance with the policies and ordinances
of City as City may adopt from time to time.
q. "Property" means the real property together
improvements, if any, described ~n Exhibit C.
with
re
"Regist~ed .Professional Engineer" means
currently licensed in Civil '
Engineering
Minnesota State Board of Registration for
Engineers and Land Surveyors.
2
a person
with the
Architects,
s. "Sewer and Water Improvements" means sanitary sewer and
water laterals or extensions including all necessary
building services in accordance with the ~olicies and
ordinances of city as City may adopt from time to time.
t. "Storm Sewer Improvements" means storm sewers, catch
basins, inlets and other appurtenances when determined
to be necessary by City Engineer in accordance with the
policies and ordinances of City as City may adopt from
time to time.
"Street Improvements" means street grading, graveling
and stabilizing including construction of boulevards and
turf establishment in accordance with policies and
ordinances of City as City may adopt from time to time.
v. "Subdivision" means the division of a parcel of land
into two or more lots or parcels by any means including
platting, registered land survey and conveyance by metes
and bounds. Where appropriate to the context,
"subdivision" shall relate to the process of subdividing
or to the land to be subdivided.
w. "Traffic Signing Improvements" means standard street
name signs at all newly op~ned intersections and such
other traffic control signs within the Subdivision
determined to be necessary by City Engineer in
accordance with the policies and ordinances of City as
City may adopt from time to time.
x. "Unavoidable Delay" means Acts of God, casualties, war,
strikes, civil commotion, embargo, riots, utilities,
energy or fuels, litigation in regard to the Subdivision
by third parties, failure after diligent effort to
obtain required en¥ironment or other, approvals,
authorization or permits, any acts or ?missions of .~ny
governmental authority with jurisdictIon, (other =nan
the City), and all other causes of events which are
beyond Developer's or City's control.
3
This Agreement shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The
words herein and hereof and words of similar import,
without reference to any particular section or
subdivision, refer to this Agreement as a whole rather
than to any particular section or subdivision hereof.
Reference herein to any particular section or subsection
hereof are to the section or subsection of the Agreement
as origina%ly executed. Any titles of the several
~arts, articles and sections of this Agreement are
inserted for convenience of reference only and shall be
disregarded if construing or interpreting any of their
provision.
The following exhibit there are attached hereto and by
reference made a part of this Agreement:
Exhibit A - Cost of Developer Improvements, pages 1-6.
Exhibit B - Letter of Credit, page 1.
Exhibit C - Property Identification, page 1.
Exhibit D - Developer and City Cost Summary, page 1.
Exhibit E - Special Conditions, page 1.
2. DEVELOPER IMPROVEMENTS
Developer shall construct and install, at Developer's
expense (except as hereinafter provided), the Developer
Improvements, in accordance with the terms of this
Agreement, the policies and ordinances of the city, as
City may adopt from time to time, and all local, state
and federal laws and regulatiogs (including, but not
limited to, environmental, zoning, building code and
public health laws and regulations) and according to the
plans, specifications, drawings and related documents
submitted to and approved by City Engineer for the
Subdivision prior to commencement of any construction
and final plat approval. The plans, specifications,
drawings and related documents shall.be prepare~ by 9
Registered Professional Engigeer subject to review aha
written approval by City Engineer. Changes. in pl~,
specifications, drawings and related documen=s will y
be ?ermitted if the revised plans, s?ecifications,
drawings and related documents are submitted to and
approved in writing by City Engineer prior to making any
of the contemplated changes.
On or before the date hereof, Developer shall pay to the
City a fee equal to .6% of the estimated developer
project cost as determined by the City Englneer to cover
the costs of City in preparing and administering this
Agreement.
O 4
Developer shall provide and maintain erosion control in
compliance with the Minnesota Construction Site Erosion
and Sediment Control Planning Handbook developed by the
Board of Water and Soil Resources.
On or before the date hereof, Developer shall furnish to
the City the Letter of Credit or Cash Escrow Deposit at
City's sole option.
Bituminous Base Street Improvements, Storm Sewer
Improvements, Sanitary Sewer Improvements and Watermain
Improvements shall be completed by the First Completion
Date. Permanent Street Improvements and Traffic Signing
Improvements and all other Developer Improvements as per
plans and specifications shall be complete~ by the
Second Completion Date. Noncompliance with either the
First Completion Date or the Second Completion Date will
cause the Letter of Credit or Cash Escrow. Deposit to be
called on, unless an extension of time is granted by
City Engineer in his sole and absolute reasonable
discretion.
Developer, through Developer's Registered Professional
Engineer, shall inspect, on a daily basis, the
Developers Improvement during the construction of the
Developer Improvements. The inspection shall be full
time inspection during the construction operation.
Developer shall make reports to City, in such detail and
at such times as may be reasonably requested by City, as
to the progress of Developer with respect to
construction of the Developer's ~mprovements. Developer
shall allow representatives of C%ty to enter upon the
Property during the construction of the Developer
Improvements to inspect such construction.
Developer shall deliver to the City Engineer as-built
drawings with service and value ties on reproducible
mylar together with. a written certification from a
Registered Civil Engineer that all improvements have
been completed, inspected and tested in accordance with
the approved plans, specifications, drawings and related
documents on file with the City Engineer within
One-Hundred Twenty (120) days after the completion of
the Developer Improvements.
3. DEVELOPER REPRESENTATIONS.
Developer represents and warrants that neither the
execution and delivery of this Agreement, the
consummation of the transactions contemplated hereby,
nor the fulfillment of or a comp%iance w~th the terms
and conditions of this Agreement is prevented or limited
by, or in conflict with or will result in breach of, the
terms, conditions or provisions of any restriction of
5
Developer, or evidence of indebtedness, agreement or
instrument of whatever nature to which Developer is now
a party or by which they are bound or will constitute a
default under any of the foregoing. Developer further
represents and warrants that Developer will cooperate
with City with respect to any litigation commenced with
respect to the Property or the Developer Improvements.
Developer represents and warrants that the Developer
Improvements will conform to all laws, regulations and
ordinances of all local, state and federal government
authorities.
4. OVERSIZING
City and Developer agree that the Developer Improvements
should be oversized for the benefit of future
development. City and Developer agree that the cost of
system oversizing to be reimbursed to the Developer is
$ Zero based upon an estimate as determined by the
City Engineer.
Developer shall pay City upon demand the Trunk
Oversizing Costs per the schedule outlined in the City's
Assessment Policy. These rates are as follows:
S&W Acreage (Residential)
Trunk Storm Sewer (Residential)
(Commercial)
$2,750.00/net acre.
16.8 cents/net sq. ft.
20.3 cents/net sq.ft.
Developer waives any and all claims, assertions, causes
of action, in law or in equ%t¥, as to the costs and/or
determination of said overslzlng allocated to Developer,
calculations and/or determinations.of them, a~ made by
or on behalf of City or a%l "overslzing" r~qulrements of
Developer as may be specified and contalned in this
Agreement o~ attachments hereto. The parties acknowledge
and agree that the fees and costs allocated to City and
Developer, as set forth herein and any exhibits hereto,
may be based upon estimated costs made by or on behalf
of Citv. However, the cost of the oversizing, as
estima%ed by or on behalf of City, is binding upon City
and Developer.
Se
INSURANCE.
On or before the date hereof, Developer and their
contractors shall procure and maintain or cause to be
maintained during the term hereof, at their sole cost
and expense, the following types of insurance in the
amounts specified and in the form provided for below:
Comprehensive general public liability insurance against
claims for bodily injury, death or pro?erty damage
occurring upon or in the Property and the lm~rovements,
such insurance to afford protection to a combined single
limit o~.not less than $2,000,000.00 with respect to
death 6~ injury to any one or more persons and
6
$1,000.000.00 with respect to property damage. Insurance
term shall expire 9t the. conclusion of the warranty
period, specified in Section 7.
Workers compensation insurance, with statutory coverage.
Such other insurance in such amounts as is customarily
carried by like organizations engaged in like activities
of comparable size and liability exposure.
The policies of insurance required hereunder shall be
taken out and maintained with responsible insurance
companies licensed to transact business in the State of
Minnesota. Certificates evidencing such insurance shall
be furnished to City upon commencement of construction
of Developer's Improvements. Each p?licy shall contain
a provision that the insurer shall g~ve not less than 30
days advance written notice to City in the event of
cancellation of the policy, non-renewal or changes
affecting the coverage thereunder.
City shall be named as an additional named insured under
all policies required to be maintained by Developer and
executed copies of all such policies of insurance or
certificates thereof shall be delivered to City promptly
upon their issuance and thereafter until 30 days prior
to the expiration of the term of each such policy. As
often as any such policy shall expire or terminate,
renewal or additional policies shall be procured and
maintained by Developer in like manner and to like
extent.
6. STREET MAINTENANCE DURING CONSTRUCTION.
Developer shall be responsible for all street
maintenance until the Subdivision is accepted by the
City. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling
on same and directing attention to detours. If and when
streets become impassable, such streets shall be
barricaded and closed. Developer shall be responsible
for keeping streets within and without the Subdivision
swept clean of dirt and debris that may spill or wash
onto the streets. The Developer shall daily clean
streets of dirt and debris which has resulted from
construction work by the Developer and their agents or
assigns.
7. ACCEPTANCE OF SUBDIVISION AND DEVELOPER IMPROVEMENTS.
City will accept the Subdivision which has been
completed in accordance with the provisions of this
Agreement, the policies and ordinances of City, as the
City has adopted, and all local, state and federal laws
and regulations. Developer shall furnish certificates
O
of completion for the completed Subdivision certifying
that the work has been completed in accordance with the
terms of this Agreement and shall also furnish mylar
"as-built" reproducibles for all phases of construction
included in this Agreement. Prior to acceptance of the
completed Subdivision by the City Engineer, Developer
must furnish to City a Letter of Credit guaranteeing
satisfactory performance of the Developer Improvements
in an amount equal to 25% of the original cost of the
Developer Improvements w--h-fch shall be in force for one
year following acceptance of the Developer Improvements.
In addition, Developer must furnish to the City the
following affidavit:
a. "Registered Professional Engineer's Certificate"
certifying that all construction has been completed
in accordance with the terms of this contract.
Upon receipt and approval of the affidavit by
Engineer, the public utilities improvements
accepted by the City.
the City
shall be
Developer shall furnish a progress schedule
construction of the Developer Improvements.
for a~ceptance of the Developer Improvements
made in writing by Developer.
for the
Requests
shall be
Warranty Period shall begin effective the date that the
City Epgineer accepts, in writing, the Registered
Professional Engineer's Certificate.
8. RELEASE~ HOLD HARMLESS.
Developer releases from and covenants and agrees that
City and the governing body members, officers, agents,
servants and employees thereof (hereinafter for purposes
of this paragraph, the "indemnified parties") shall not
be liable for and agrees to indemnify and hold harmless
the indemnified pa~t%es against any loss or damage to
proper~.y or any ln]ury to or death of any pers?n
occurring at or about or resulting from any defect 1n
the Property or Developer Improvements.
9. DEFAULT.
Whenever an Event of Default occurs, city may take any
one or more of the following actions upon, five days
written notice by the City to the Developer and the
Developer being given a reasonable opportunity to cure;
the length of time as determined solely by the City
Engineer.
a. City may suspend their performance under the
Agreement.
8
10.
11.
12.
b. City may cancel and rescind this Agreement.
City may draw upon any guaranty, the Cash Escrow
Deposit, and/or Letter of Credit provided to City
pursuant to any of the terms of this Agreement
according to their terms.
City may take whatever action, including legal or
administrative action, which may appear necessary
or desirable to City to collect any payments due
under this Agreement or to enforce performance and
observance of any obligation, agreement or covenant
of Developer under this Agreement.
City may suspend issuance of Building Permits on
Developer's lots.
NON-DISCRIMINATION.
The provisions of Minnesota Statutes, Section 181.59,
and of Chapter 11, Title i of the Prior Lgke City Code
as may be modified, which relat~ to ci¥11 rights and
discrimination and affirmative action shall be
considered a part of this Agreement as though wholly set
forth herein, and Developer agrees to comply therewith.
ASSIGNMENT.
Developer represents and agrees for themselves, their
successors that Developer has not made or created and
that they will not make or create or suffer to be made
or created any total or partial sale, assignment,
conveyance or any trust or power to transfer in any
other mode or form of or with respect to this Agreement
or in Developer without the prior written approval of
the City.
GENERAL.
The terms and provisions hereof shall be binding upon
and inure to the benefit of the heirs, representatives,
successors and assigns of the parties hereto and shall
be binding.upon all future owners of any or any part of
the Subdivision and shall be deemed covenants running
with the land. If there be more than one developer,
references herein to Developer shall mean each and all
of them. This Agreement, at the ?ption of City, shall
be placed of record so as to give notice hereto to
subsequent purchasers and encumbrances of all or any
part of the Subdivision. Ail recording fees, if any,
shall be paid by the Developer.
9
Whenever in this Agreement it shall be required or
permitted that notice or demand be given or served by
either party to this Agreement to or on the other party,
such notice shall be delivered personally or mailed by
United States mail to the addresses hereinafter set
forth, by certified mail (return receipt requested).
Such notice or demand shall be deemed timely given when
delivered personally or when deposited in the mail in
accordance with the above. The address of the parties
are as follows, until changed by notice given as above:
If to City:
City Engineer
City of Prior Lake
4629 Dakota Street SE
Prior Lake MN 55372
With a copy to:
Glenn R. Kessel, Esq.
Lommen, Nelson, Cole & Stageberg P.A.
1800 IDS Center
80th South 8th Street
Minneapolis MN 55402
If to Developer:
LeRoy R. Radermacher and
Marilyn F. Radermacher
22406 Aberdeen Avenue
Jordan, MN 55352
Leslie Novak, Esq.
1600 TCF Tower
Minneapolis, MN 55402
Where this Agreement or any provision hereof makes the
time of performance subject to Unavoidable Delay, the
time or times for such performances shall be extended
for the ?eriod of such Unavoidable Delay, provided, that
the parties seeking the benefit of the provisions of
this section s~all, within 5 days after the beginning of
any such Unavoidable Delay, have f~rst notifled the
other party thereof in writing, and of the cause or
causes thereof, and requested an extension for the
period of such delay.
This agreement may be amended by the parties hereto only
by written instrument executed in accordance with the
same procedures and formality followed for the execution
of this Agreement.
Failure of either pa.rty at any time to require
performance of any provls~?n of th~s Agreement shall not
affect their right to require full performance thereof
at any time thereafter and the waiver by either party of
a breach of any.such provision shall not be taken or
held to be a waiver of any subsequent breach thereof or
as nullifying the effectiveness of such provision.
10
This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all
of which shall constitute one and the same instrument.
Whenever an Event of Default occurs and City shall
employ attorneys or incur other expenses, including
employment of experts, for the collection of payments
due or to become due or for the enforcement or
performance or observance of any obligation or agreement
on the part of Developer herein contained, Developer
agrees that it shall, on demand therefor, pay to City
the reasonable fees of such attorneys and such other
expenses so incurred by City. Developer agrees to hold
harmless, indemnify and defend City and their employees
against any claims or actions brought as a result of
Developer's performance under this Agreement or as a
result of alleged actions or omissions on the part of
Developer, their employees or agents.
IN WITNESS WHEREOF, City and Developer have caused this
Agreement to be duly executed on the day and year first above
written.
Approved by the City Council on the day of
APPROVED AS TO FORM: DEVELOPER:
, 19 .
By By
Glenn Kessel
LeRoy R. Radermacher
CITY OF PRIOR LAKE:
By By
Their Mayor
Marilyn F. Radermacher
[This Agreement must be signed by all parties having an
interest in the Property.]
11
STATE OF MINNESOTA}
) ss:
COUNTY OF SCOTT }
The foregoing instrument was acknowledged before me thi? 27th day of
July, 1992 by LeRoy R. Radermacher and Marilyn Radermacner.
Signature of Person Taking
Acknowledgement
STATE OF MINNESOTA }
}
COUNTY OF SCOTT }
On the day of , 19 , before me, .a
Notary~SIic, w%th and for said County p??o.n-~_ly a~e~a~d~
Andren and David Unmacht, to me personally nnown,
me duly sworn did say that they ar? the Mayor agd City Manager,
respectively, of the City of Prior Lake, a M%nnesota municipal
corporation, named in the foregoing instru~.ent,_ and thgt sai~
instrument was signed on behalf of the municipal corpora=ion
acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
DRAFTED BY:
12
#RADER"
EXHIBIT A
COST OF DEVELOPER IMPROVEMENTS
RADERMACHERS FIRST ADDITION
ITEM
Street
Storm Sewer
Public
Private
Sanitary Sewer
Watermain
TOTAL
COST
$ 27,013.80
$ 63,430.80
$ 16,877.00
$ 31,211.80
$ 42,368.60
$180,902.00
Determine Amount of Letter of Credit
$180,902.00 (1.25) =
Determine Amount of 6% Administration Fee
$180,902.00 (.06) =
Determine Areas for Assessments
Lot 1 Block 1
Outlot A
Outlot B
207,781.2 sq ft
19,907.9 sq ft
. 5,202.0 sq ft
232,891.1 Sq Ft
Storm Water Management Fee
232,891.1 (.203) =
Determine Trunk Sanitary Sewer and Watermain Fee
(232,891.1 sq ft)($2750/AC)/43,560 sq ft/AC
$226,127.50
$ 10,854.12
$ 47,276.89
$ 14,702.72
Amount of Developer Contribution for
C.S.A.H. 23 Future Construction
$100,000.00
Amount of Developer Credit for
Current Improvements Installed by
Developer to C.S.A.H. 2~
$ 27,013.80
The developer contributed $6,500.00
for a transportation study which cost
was reimbursable if the project proceeded.
See November 4, 1991 Council Minutes.
Transportation Study
$ 6,500.00
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EXHIBIT E
SPECIAL CONDITIONS
The developer will maintain the temporary sedimentation
basins and erosion control until the site construction is
complete and turf is established.
The developer agrees that the developer cost to improve
relocated C.S.A.H. 23 is $100,000.00. The cost of the
interim section of C.S.A.H. 23 installed by developer is
$27,013.80. The remaining amount owed by the developer for
future C.S.A.H. 23 construction is $72,986.20. The amount is
due at the time of the completion of the relocated C.S.A.H.
23 or the amount can be assessed against Outlot D
Radermachers First Addition in the amount of $19,800.00 and
against Lot 1 Block l, Radermachers First Addition in the
amount of $53,186.20. The assessment would be amortized over
a ten year period with interest at the rate utilized for
other assessments associated with the future relocation
project.
The improvements to C.S.A.H. 23 in the future will
sidewalk, bikeway, lighting, and landscaping.
include
The improvements as related to the $20,000.00 assessment
include street only and do not include sidewalk, lighting, or
landscaping. The e~tent of the improvements are to make the
connection to existing 170th Street only, as part of the CSAH
23 relocation project, and do not extend westerly to T.H. 13.
The termination point of the improvement is 134 feet east of
the west line of Lot 1, Block 1, Radermacher's First
Addition. Improvements other than
stand on their own merits and are
public improvement process.
4. The existing entrance to McDonald's
described above shall
subject to the normal
will be relocated to
align with the entrance to the County Market Store. The
alignment will be acceptable to the City Engineer. Outlot A
will be sodded upon relocation of the driveway, and no truck
parking shall be allowed on established turf.
O
The Developer agrees that the Developer's cost to improve
170th Street ~n conjunction with relocated CSAH 23 is
$20,000.00. The amount is due at the time of completion of
170th Street or the amount can be assessed against LOt 1,
Block 1, Radermacher's First Addition. The assessment would
be amortized over a ten year period with interest at the rate
utilized for other assessments associated with the future
relocation project.
EXHIBIT D
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and city
Radermachers First Addition.
DEVELOPER COSTS
6% Administration Fee
Trunk Sanitary Sewer and Watermain Fee
Storm Water Management Fee
TOTAL DEVELOPER COST
costs for
10,854.12
14,702 . 72
47,276.89
72,833.73
CITY COST
Storm Sewer Cost
Transportation Study Reimbursement
CITY OWES DEVELOPER
63,430.80
6,5oo.oq
69,930.80