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HomeMy WebLinkAbout5O - Hickory Shores /::i PR~ ;;., ~ ~~ \ Maintenance Center t:"~ 17073 Adelmann Street S.E. U ~ t"I1 Prior Lake, Minnesota 55372 ~ MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 21,2006 50 JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR THE HICKORY SHORES Introduction Tollefson Development, Inc., has filed an application for approval of a final plat to be known as Hickory Shores. This plat is the first phase of the overall Hickory Shores development. The plat consists of 80 acres to be subdivided into 38 lots for townhouses and 36 lots for single family homes. Historv On May 15, 2006, the City Council adopted Resolution #06-074, approving the preliminary plat for Hickory Shores. The resolution listed the following as conditions of approval: a. The developer must obtain the required permits from any other state or local agency prior to any work on the site. b. Revise the plans to address all of the Engineering comments in the memorandum from Assistant City Engineer Larry Poppler dated March 9, 2006. All grading, hydrology and stormwater issues must be addressed prior to any grading on the site. c. The easement for the stormwater pond on the Gold property to the south must be executed and recorded prior to any grading on the site. d. The developer must provide a copy of the conservation easements, along with detailed specifications of how this area will be delineated on the site. e. As part of the final PUD plan, provide a table which will enable staff to track the impervious surface on the site. Overall impervious surface may not exceed the percentages shown on the plans. f. As part of the park development, the developer is responsible for grading, topsoil, turf establishment and construction of the trails to the specifications provided by the City. In the area where a boardwalk will be utilized, the developer must escrow the cost of this boardwalk, which will be constructed by the City. g. The developer must submit a cash contribution in an amount determined by the City for the fishing pier as part of the development contract. h. Provide street names unique to the City street naming system for all streets. i. The developer must submit a Letter of Credit in an amount equal to 125% of the cost of the required replacement trees prior to any grading on the site. www.cityofpriorlake.com Phone 952.440.9675 / Fax 952.440.9678 Current Circumstances The final plat of Hickory Shores consists of approximately 80 acres to be subdivided into 38 lots for townhouses, 36 lots for single family dwellings, parks and outlots for future development. Staff has reviewed the final plat and finds it to be in substantial compliance with the approved preliminary plat. ISSUES: 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. The Development Contract requires a security, in the form of a Letter of Credit, of $2,157,601.00 for the construction of the public improvements. It further specifies development fees of $680,257.00 for the platted lots. A copy of this development contract is attached to this report. The developer is also required to enter into a separate Contract for the Development of Land as a Planned Unit Development. This contract will be considered as a separate agenda item. FINANCIAL IMPACT: Approval of this final plat will allow construction of new dwelling units, which will contribute to the City's tax base. The required development fees are deposited into the appropriate City accounts. ALTERNATIVES: The City Council has the following alternatives: 1. Adopt the resolution with conditions approving the final plat and Development Contract for Hickory Shores. 2. Deny the resolution approving the final plat. 3. Defer this item and provide staff with specific direction. Staff recommends Alternative #1. RECOMMENDED MOTION: 1. A motion and second to adopt a resolution approving the final plat and Development Contract for Hickory Shores and authorizing the Mayor and City Manager to sign the Development Contract. 1 ~ DEVELOPMENT CONTRACT HICKORY SHORES PROJECT #EP06-150 This DEVELOPMENT CONTRACT is entered into this 21st day of August, 2006, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Tollefson 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 Hickory Shores (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. r;ONDITION.f\ 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. 1:\06 files\06 subdi visions\final\hickory shores\final development contract.doc Page I 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. 06-074, dated May 15, 2006, approving the Preliminary Plat for Hickory Shores. 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 be approved by the City Engineer prior to consideration of the Final Plat and Developer's Contract by the City Council. The plans shall not be attached to this Development 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 2 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 the written terms of this Development Contract, the more specific or stringent controls shall apply. The Plans are: Plan A -- Final Plat Dated August 15,2006 (Prepared by John Oliver and Associates) Plan B -- Final Grading, Development, and Erosion Control Planes) Dated June 14, 2006 (Prepared by John Oliver and Associates) Plan C -- Tree Preservation and Replacement Plans Dated June 26, 2006 (Prepared by John Oliver and Associates, Inc.) Plan D -- Landscaping Plan Dated June 26, 2006 (Prepared by John Oliver and Associates, Inc.) Plan E -- One set of Plans and Specifications for Developer Installed Improvements Stamped "Approved by City Engineer" (Prepared by John Oliver and Associates) All plans set forth above are incorporated herein and made part of this Development Contract. 7. DEVELOPER INSTAT11?D IMJ!BOVEMENTS. 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 1. Street Signs K. Setting of Iron Monuments L. Sidewalks and Trails M. Landscaping 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 3 N. Wetland Buffer Signage O. Ida Circle Connection 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. In accordance with Minnesota Pipeline Safety law revisions effective January 1, 2006 the Developer will be responsible for installing a tracer wire mechanism for all service lines in public right-of-way. The proposed tracer mechanism shall be approved by the City prior to installation. All costs associated with furnishing and installing the tracers shall be the Developer's responsibility. 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. DEVELOPER INSTAT.T.RD IMPROVEMENTS. The Developer shall install and pay for sanitary sewer, watermain, storm sewer and street improvements for the Ida Circle connection as shown on the approved construction plans. 9. .cONSI.B1JCYON !}BSERVATION. 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: 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 4 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. Field document as-built location dimensions for sanitary sewer, watermain and storm sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as- built record plans. 10. DEVELOPER PROVIPED CONST/!..uCUQN SERVK:E.S.. The Developer 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 record drawings showing location, dimensions and elevations of all utility improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City consultants.) As-built record drawings shall follow the requirements set forth in the Public Works Design Manual (PWDM). The as-built record drawings shall be submitted to the City for approval within six (6) months of substantial base pavement course placement. 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. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 5 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 (I) 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. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by December 31, 2007, 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. If necessary, 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. UCENSE. 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 COl:iIRO~. A. Prior to initiating site grading, the erosion control plan, Plan B, and Stormwater Pollution Prevention Plan (SWPPP) shall be implemented by the Developer and inspected and approved by the City. The City may require the Developer, at no cost to the City, to install additional erosion control measures 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 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 6 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 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. Due to the time sensitive nature of providing for erosion control, the notice provisions set out in Paragraph 41 shall not apply to notifications to the Developer under this paragraph. B. The Developer shall seed or lay cultured sod in all boulevard areas behind curb within thirty (30) days, or within a timeline established by the City Engineer, of the completion of street related improvements (sod does not need to be installed in areas of buildable lots where silt fence is required behind curbs). C. The Developer shall restore all other areas disturbed by the development grading and construction operations within this time period. D. Boulevard and disturbed area restoration shall be in accordance with the approved Plan Band SWPPP. (No building permits will be issued until the Developer has installed silt-fence behind the curb of all buildable lots). It is expressly understood that once silt fence has been installed it shall be become the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by the Developer's utility contractors. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 7 15. CLEAN fT/!... 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 incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in Paragraph 41 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 the requirements set forth in the City of Prior Lake Public Works Design Manual. B. As-builts. 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 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. The Developer shall also submit a lot tabulation certified by a registered engineer showing that all pads have been corrected in accordance with project specifications. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 8 17. OWNERSHIP OF DEVELOP~R INSTALLED IMPRgVEMENTS. Upon completion of the Developer Installed Improvements required by this Development Contract; (I) final written acceptance by the City Engineer and, (2) adoption of a resolution of acceptance by the City Council, the improvements lying within public right-of-way and easements shall become City property. The Developer shall be responsible for all pond maintenance until written acceptance by the City of the Developer installed improvements. 18. STREET MAINTENANCE.. Developer shall be responsible for all street maintenance until final written acceptance by the City of the Developer Installed Improvements. All private street maintenance shall remain the Developer's and homeowners association in perpetuity. Waming 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 ACCE..S..S... Construction traffic access and egress for grading, public utility construction, and street construction is restricted to Village Lake Drive. No construction traffic is permitted on the adjacent local streets. 20. IMPROVEMENTS RE01l1RED BEFORE ISSUANCE OF BUIWING PERMITS. A. Grading, utilities, 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. Grading as- builts for the proposed building permit shall be approved prior to issuance of a building permit. Before a building permit will be issued a minimum of one (I) active fire hydrant within 300 feet of the unit must be available for fire protection. If building permits are issued prior to the acceptance of the Developer Installed Improvements, the Developer assumes all liability and costs incurred as a result of the delays in 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 9 completion of the Developer Installed Improvements; including damages to Developer Installed Improvements caused by the Developer, its contractors, subcontractors, material men, employees, agents or third parties. B. A temporary or 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 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. CIIY A()MINISTRATION. 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, processing of requests for reduction in security, and any consulting or legal fees incurred by the City. 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, assuming normal construction and project scheduling. Extraordinary costs incurred by the City over and above the four percent (4%) Administration 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, project delays, or costs incurred in enforcing the terms of this Development Contract. 22. Cl1'Y CONSJ'RllCIJ11N OBSEBVA TJ{}N. Construction observation shall include, but is not limited to, part or full-time inspection of proposed grading, public utilities and street construction and City consultant expenses. The Developer shall deposit an amount equal to five percent (5%) of the estimated construction cost, less oversizing costs outlined in Exhibit D, for construction observation performed by the City's authorized personnel. 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 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 10 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, project delays or costs incurred as a result of unknown conditions at the time of design. 23. TRJj}VK STORMWA1J!,R ACREAGE Cl:lAftGE,= The Developer shall pay a trunk stormwater acreage charge of $82,947.00 for trunk stormwater improvements prior to the City signing the final Plat. The amount was calculated as follows: 29.73 acres at $2,790.00 per acre. This charge was determined by the Trunk Storm Water Fee Study adopted by City Council Resolution # 05-18 on January 18,2005. 24. TRUNK WATE(l ACREAGE CHARGE. A trunk water acreage charge of $163,515.00 shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat. The amount was calculated as follows: 29.73 acres at $5,500.00 per acre. This charge was determined by the Trunk Water System Fee Study adopted by the City Council Resolution #05-07 on January 3,2005. 25. TRUNK SANITARY SEWER Af:REAGE CHARGE. A trunk sanitary sewer trunk area charge of $90,379.00 shall be paid by the Developer for sanitary sewer trunk improvements prior to the City signing the final Plat. The amount was calculated as follows: 29.73 acres at $3,040.00 per acre. This charge was determined by the Trunk Sanitary Sewer Fee Study adopted by City Council Resolution on #05- 18 on January 18,2005. 26. STREET OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize acreage charge of $146,272.00 for street oversizing improvements prior to the City signing the final Plat. The amount was calculated as follows: 29.73 acres at $4,920.00 per acres. This charge was determined by the Transportation Plan Fee Study adopted by City Council Resolution #05-18 on January 18,2005. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page II 27. SANITARY SEWER AND WATER CONNECTION CHARGE. The Developer shall pay a sanitary sewer and water connection charge of $18,000.00 for connection to the sanitary sewer and water systems prior to the City signing the final plat. The amount was calculated as follows: 150' at $120.00 per front foot. 28. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public the area identified as "Park" on the Final Plat. This area satisfies the parkland dedication requirements for the entire Hickory Shores development. As part of the park development, the developer is responsible for grading, topsoil, turf establishment and construction of the trails to the specifications provided by the City. The boardwalk section of the trail will be constructed by the City. The Developer is responsible for escrowing the cost of the boardwalk materials and construction. 29. BOARDWALK CONSJ'RllC'flfl!!l. The Developer shall escrow of $28,500.00 for the construction of the boardwalk section of the trail. This amount shall be maintained by the City in escrow until the construction of the boardwalk is completed and final acceptance of all Developer Installed Improvements by the City. Any balance remaining in the boardwalk escrow account will be returned to the Developer at that time. 30. STREET UGHT.f\ ANf) OPERATIONAL CO~ 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. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 12 31. lANDSCAPING. In accordance with the City Subdivision Ordinance, each single family 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. Landscaping for the townhouse portion of this Plat shall comply with Plan D. The cost of the landscaping requirements shall be provided by the Developer, subject to approval by the City. Subject to approved Plan D, the Developer 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. The City shall maintain the Security for at least one (I) year after the date the last replacement tree has been planted. At the end of such year, or such longer period as the City determines to be reasonable, the portion of the Security equal to 125% of the estimated cost of the replacement trees, which are alive and healthy may be released. Any portion of the Security not entitled to be released shall be maintained and shall secure the Developer's obligation to remove and replant replacement trees, which are not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of these trees, the Security shall be maintained for at least one (I) year after the date of the replanting or planting of these trees. If, at the end of this period, all of the required trees are alive and healthy, the entire Security may be released. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 13 32. TREE PRESERVATION AND REPLACEMENT.. Subject to approved Plan C, and to the provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial guarantee based on an amount equal to 125% of the estimated cost to furnish and plant the replacement trees. 33. ~ECUI1lIT. 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 $2,157,601.00. The amount of the Security was calculated as follows: DEVELOPER INSTALLED IMPROVEMENTS COSTS: Sanitary Sewer $ 254,533.00 Watermain $ 289,051.00 Storm Sewer $ 330,158.00 Streets (through base bituminous) $ 535,147.00 Street (wear course paving) $ 92,022.00 Street Signs $ 1,000.00 Landscapingffree Preservation and Replacement $ 224,150.00 Grading/Erosion Control $ 0.00 (security provided with Grading Permit #06-G-04) ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $ 1,726,081.00 X 1.25 TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 2,157,601.00 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 14 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, 2007 unless otherwise approved by the City Engineer. The Irrevocable 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 January 1st of each year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, the Irrevocable 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. 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 on the Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to cure the default. 34. REDUCTlf}jV OE-SECll81IX.. Upon receipt of proof satisfactory to the City that the required portions of the Developer installed improvements have 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. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 15 Once the City has accepted the project, as-builts have been completed, all punch list items are completed and warranty bonds submitted, the Irrevocable Letter of Credit may be reduced to 5%. Upon completion of the warranty period the 5% Irrevocable Letter of Credit may be released. 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. 35. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee of $680,257.00 for City Development Fees. The amount of the cash fee was calculated as follows: CITY DEVELOPMENT FEES: City Administration Fee (4%) $ 66,953.00 City Construction Observation (5%) $ 83,691.00 Trunk Stormwater Acreage Charge $ 82,947.00 Trunk Water Acreage Charges $ 163,515.00 Trunk Sanitary Sewer Acreage Charges $ 90,379.00 Street Oversize Acreage Charge $ 146,272.00 Park and Trail Dedication Fee (if in lieu of land) $ 0.00 Sanitary Sewer and Water Connection Charge $ 18,000.00 Boardwalk Escrow $ 28,500.00 TOTAL CITY DEVELOPMENT FEES $ 680,257.00 36. _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 Developer shall post warranty bonds in the amount of twenty-five (25%) of the improvements as security. The warranty period for streets is one (I) year. The warranty period for underground utilities is 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 16 one (1) year. The warranty period on Developer Installed hnprovements shall commence on the date the City Council adopts a resolution accepting the improvements. 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. 37. OVERSIZING. City and Developer agree that the Developer Installed hnprovements should be oversized for the benefit of future development. Oversizing is the construction of a Developer Installed hnprovement to City specifications that exceeds those that would otherwise 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 $52,266.00 based upon a cost estimate by the City Engineer as determined by the Developer's engineer's estimate to be provided by the Developer and application of the City's Assessment Policy based on a final engineering design. If the Developer does not obtain competitive bids for the work the City Engineer may reject the estimate prices and use competitive bid prices obtained from recent city projects. No additional oversizing compensation relating to this Development Contract shall be made unless approved in writing by the City Engineer and approved by the City Council. It is the Developer's responsibility to provide accurate estimates in accordance with the approved construction plans. The calculation for oversizing is attached as Exhibit D. 38. 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 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 17 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 the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Irrevocable Letter of Credit Security in an amount up to one-hundred twenty-five percent (125%) of the claim(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 Irrevocable Letters of Credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Development Contract. 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 one and one-half percent (1.5%) per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of one- hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance of less than one-hundred dollars ($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, from the Irrevocable Letter of Credit or other security provided by the Developer to the City. (See Minn. Stat. ~471.425, Subd. 4a.) 39. RESPONSIBIliTY FOR COSIS.. 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 15 and 16 of this Development Contract, the Developer shall pay in full all bills submitted to it by the City for obligations incurred under this 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 18 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. 40. 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 Development Contract; (4) transfer of any interest in the Plat without prior written approval by the City Council. (For the purpose of this paragraph 40) The sale of a lot, except an outlot, to a builder is not an event of default); (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 41 of this Development Contract, may take anyone or more of the following actions: I. 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. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 19 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 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 using the Irrevocable Letter of Credit to pay for the related costs. 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. 41. NOTICES. Whenever any paragraph in this Development Contract, with the exception of paragraphs IS and 16, requires Notice to be provided to the Developer, the notice shall include the following: (I) 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: Tollefson Development, Inc., 20520 Keokuk A venue, Suite #200, Lakeville, MN 55044. 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 1:\06 tiles\06 subdivisions\final\hickory shores\final development contract.doc Page 20 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, US Bank Plaza, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-450 I. 42. !NDEMNIFICATION. 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 Council, agents, employees, attorneys and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 43. NO THIRD PARTY RECOUR~ 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 42 shall apply to said actions. 44. INSURANCE REQUIREMENTS. 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 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 21 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. All insurance certificates shall have expiration dates falling on June 30th or December 31 st of each year. Each insurance certificate shall have the project name and City project number clearly shown. 45. ~.r;l1.RDI1Y-G 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 ninety (90) 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 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. 46. 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. In addition upon completion of the project the Developer shall provide the City with as-built utility plans in electronic format compatible with the City's current software and with layers, colors and line-types formatted in accordance with City 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 22 standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (1lx17 inch) copy shall be certified and submitted to the City. 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. 47. MlSCET1ANEOUS,. 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. 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 which approval shall not unreasonably be withheld. 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. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 23 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. Jurisdiction. 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: Its: ST ATE OF MINNESOTA) ( ss. COUNTY OF SCOTI) 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. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 24 NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this by NOTARY PUBLIC DRAFfEDBY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc day of ,20_, Page 25 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 ) 20 The foregoing instrument was acknowledged before me this , by day of NOTARY PUBLIC DRAt'ThU BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 26 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 ) 20 The foregoing instrument was acknowledged before me this by day of NOTARY PUBLIC DRAFTED BY: City of Prior Lake 16200 Eagle Creek A venue SE Prior Lake, Minnesota 55372 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 27 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 by 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 ) ( ss. COUNTY OF ) 20 The foregoing instrument was acknowledged before me this by day of NOTARY PUBLIC DRAFfED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 28 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet: HICKORY SHORES KNOW ALL PERSONS 8Y THESE PRESCNTS: Thor Tollefson Ocvelopm(J(lt, Inc., <) Minnesota corporallon. fee owner of the following described prop~ly situated in ihe Covnly uf Scott, Slate uf Mi,mesQ/O, 10 wll CITY, Prior Lalte, 41innesnio Thor port of GOOl8fr.mfJ(lf I.ot ,-, Section II. TOlfnsl1ip 11", RotlgtJ 22, Scoll County, Minnesota, Iy;ng w/lsttlrly Of the pIal of HERITAGE' LANDING on file ana of r&Ccm1 in and for ,aid coonty and stat,,_ we do flerl'fby certify that an the __ doy of ___ 2006, the City council of the City of Prior LOlfe, Minnesota, approved this plat and is in compliance with prol'isions of Minnesota Statutes. Section 505.03, Svodi.;s,c.n 2. Government Lots J, 4, Md 5, all in Section 10. Tmmship 114, RtHlge 22. Scott County, Minnflsoto, EXCEPT that portion of said Govemm."t lot J, lying north'tl'6st6rly of a iin. 90 fe.t :lotJthfKjslflrly of (1fId porol/sJ to olin. dt!scribt!d as follows; Bsginning at 0 paint on th. north and south quarter lin. of sr:sio SftCtlon la, distant 12878 ffHtt sOl.lth of tr.e north ql,lartet" comer thereof; rhfJf1c. run nortl'lfwstfJriy at an onqle of 56 deqr.es .., minutes ",ith wid north and south quarter line for 20.14.6 feet: thence defl",d /0 the right on a 0 degree's JO minl.lte CU'Wi! (delta angle B dfH}rf<8S 15 minutes) far 1650 het, and th8rs tf/rminatif1g; and EXCEPT th(1t portion of said GO\l'llrnm8111 Lot 5 t!lI,t lif/s northw8stMly of a/inti 75 feet sauthf/ostBrly of ond paral/eI to 0 Une descrioed os fa/lof/ls: Bsginning at 0 point on Ul. north and sauth quarter /in. of said SectiOfl 10, distant 1287.8 f_t soulh of fhe north q;.artrtr carner thBr.of; Iht/nc. run nor/htlOstsrly at on ongl. of 56 d8l}f"et/ 48 minute:s ...ith said nDrtll and sQUth quart8l' linf/ for 20J<f.6 teet; thence def/<<t to the right on a 0 degr=s 3D minlJi. cur"" (della Qng/e 8 der;ref.is 15 minutes) for 1650 fe",r. Q/"ld there tf:f'minr:Jtir1g. Except that PQrt of said Government Lol .J plQtted QS STARK ADDlnON, ocr.:arding 10 the recorded pia! thlKeo!. Scott County. Mirmrll;otlJ Mayo< Jianaqer SCOTT COUNTY SURVLYOR: PurSU(JfIr to /,I'nnesotQ Statutes, Sect/an 389.09, SUbdivision I, os amended, this plot hQS been revie..ed Gnd opprovsd this ~_ doy of 2006. -----s~;;ttCc,;;;ty SlJr;"~;:---- ~d scorr COUNfY AUDlTOR/rHfASURt.R' Lot 1. Block I, CRYSTAL ADOITION, 01; filed QIld of rrlCuHj in the Office of the Rogistrar of Titles. Scott County. Minnesota_ Torrens property. Certificate No. J860J I hereby erNlify thut the cunent (me! delinqwmt IQJCes on the lonas described within ore paid um:l I~Je transfer Is efltl'red this __~ day 0' . 2006. Scott Cwnly Auditor Scotl COlJflty Treosurer rlQS cQus"a the 3CJffl" to be surveyed and p/atred os H/CKURY SHORES and dOe3 hereby d()(lr;re Qnd dee!icole to the pl,lblic for Ihe pub/k U!ill fore\ltlr thll Court, Circle, /Jri.-ss ond HighwQY. and a/sa aedlcQte thll eCJ3fJrr!CIflts OSl sIIown an this plot for UtQinoge and utility plJrp'NJeS lKIly_ Si<Jfled by. Deputy In witnes:; whfJrl1Qf said TOIIf/lson De\'elopmenl, Inc.. 0 MmnesQto corporolion, !IOS causfld llieSle presen/Ii to be signed by it$ proper- officer this _______ day of _..".__ _.___~ 2006. SCOTT COUNTY RECORDER: loJlefsun Developmer-It, IflC I hereby ctJrtify that this plot "'-QS mad in lhis Qffice Ihit; _____ day of __ "'clock _.M. QS Document No. ______m__"_.______ ~ 2006. at ___ 1:Jy:___ srA TE OF MINNESOTA COUNTY OF _________ -- --SCottCouMy"--';m,ie,--- The fmfl90in9 instrument wos acknowledged before me this _____ auy or __ __~ 2006, by ~ _____________ "f r"llefso!'! De"dNopmtJnl. IflC" a Minne:;ot<J corporation, behalf of the corporotion ~icorr CO/JNIY REGISrRAR OF TITLES.. Nolory Public. My commission ["pires' CQUnty. Minnesota I hereby certify thai Ih,i; inslrvmcnt was filed in the Qfflce of the Registrar at ritlt!s f()f record this _ ____ cloy of 2006. ot ___ a'c!()ck _.AI. am' duly recorded os Document No. _ --S;;;;UC";;;iyRlig,slror of Ti//~s I h8l'eby certify Ihat I hove S<Jrveyed and p!o!ttld the propt1rfy describfK1 on this p/vt as I/lCKGRf SlJORtS; thai this plat is a correct repre.~tIIltation of the survey; thot 011 distonc6.~ ore corree"y shown c;n th~ plot in felli ond hundredlhs of 0 faQt; thot 01/ mnf1um/Jflts have been carrffdly placed In Ule I}f"o,.md QS shawn or wJ71 bll carr-tK:tly placed In th. ground os dtlsigf1otfld; that th. outslr/& boundary/intiS artl corrllctly dtls;gnotfld on th~ plol; ood there Qrt/ no wet lands as defined in Minntlsalo Statutlls 505.02. Subdlvl.>;iM I. or public highf/lays to b~ dtls/C}flattld ather than QS ,~ho"n an the plot. R~dy M:"'i.io;IOn~--L-a;.;;-s;.~-~~. AlinntlsotQ L!c""Stl No. 2'401 STATE OF MINNESOTA COUNTY OF Ihe /OrfJgomg Surlffiyor's Cerlificate tr<J!i ockm)(.lor;lged be/Cflu m~ Ihls _____ OQy of __ Randy M. ,",orron. Licf/flslJd Land Surveyor, Ali"'lIJ'IoIQ Lkenso No. 21<fOl __. 2006 by Notary Public. My commission [..piles: County. Mir.neauto John Oliver &. ASSOcilJtSB. Inc. Elk ,.., . ....... - IIrocM/yrI CMW Sheet T Of 5 Sheets 1:\06 files\06 subdivisions\final\hickory shores\tinal development contract.doc Page 29 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted and Copy of Final Plat,. Including Title Sheet: VICINITY MAP: HICKORY SHORES ~ '..-(";o"",nl or'l>":":JMr1i' , ~r 1, .i;fcr,,,,, ,~ r ". .. 22. r~U'~' il>'^fi I>,ff L --- ..... ..... . .,,~ 't~U_"'.'''''::' :......r,t; D~:"LE~_ --- ~, t ---- --- -- ---- ~~; ,,~t~ v}= \ ) seCTIONS 10 AND H TOrllNSHIP "f. RANGe 22. 5C017 C()UIUY, M1NNfSDIA ./ ./\ ./ ./ ./ / ./ ./ ./ ./ ~, '<6' ,,,..-." Uw', '01 ~ ,.r. 'C . '-'.1. n ~k~"\ ----- i---' -............_L__ fJRNI<Aa~lJlIiJ'rU!EJIVI';. ,J,RL~rws. CRYSTAL LAKE .ilE>I01[S1/2'NOlIltOllPI~\IOf<;I,IIID<Tft)I,jIjO. CJ =~~ ~~~ =,~ "Ok(;.,U~ S["T '-1 " 1-' " I .'^'~ fl(.n~" '">;(;~~' K ;.",; ~"" ~ ,q ,j ~>-R """.,-",,,,, f.~R ~ 120 ~ nll' _,._ 01-' r'ltS flf_ S'rSTUo IS IIASED 0Il__ 9OUT~UIIEllf<;Q'o{_l;J;lIJ"SEC1U.'1l. MII05HIP1H.1UII<.1:22.n;>....'II:....._OOW _...llf_IIlI'lll"41"E- 1lL~; =~~=~~'~~fl;.db,\C=Of John 0II1f9T & AOOcJat.8. Inc. st IMwN - ..,.... - BrcHM/yR CMIw Sfltlef 2 01 5 Sheers 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 30 ... EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet: HICKORY SHORES VICINITY ltIAP.: /' (:(lJ"T'r1lOotD1<O.'1 ..--- I (rlO,.,.~l1<trT~L. ---,...--MATCfI LINE d ,.< ~ ~~g .C' '" .. ~/." : - fl..., .--- - -- --;--MA TCH LINE A /Ift~:;"t, ,,'~-"~i / ~';,-., /1-'<1'-__ , 'f r r ~; ~l' , 5f:CT1ONS /0 "'/olD " TOIIINSHIP 11., RMlG[' 22. seOIT COUNTY. IIIMIrSOTA ./ ./ /'. ./ ~,;;;;~~/' . "',~~.o{, ," ,.6~1f.. /...;"~/",...v:-.;, '(1,,1.' ,,',/..,,,;{,;,,,, ,/"<ii", /k , ~\.. / ..! ,:~~~""~ ~~~.,~- ~\ \. ___ ___ I ~~,~:"~,~l; -- i '--;r Y'\ "','0' ./ ~.'" \ \ "'~ \ \" " \ \ \ \ (I~ ..' I I .., I /' J ~/ ( \ / '- .-/ ~ r-' 3~ _~j j: '7 4' 1-, I.i~! ~~; J ;:}I -1" " , ,.>;., if: ., /ot . ~~", ./"" X" A ,,' \r~{(.'='~ ,/ '~y '--'''~A rCH LINE He" ,f' L_L_..ld fIt.....,IUIJNfI/O/IIMIl!_ IQrH\lf.... UYtNSlllJoQoW$F ~IDlNil)ro<n:r....,IHJ.N/l ~11'.."lIFlII'\r(lO(s""'" ~~~~O_ MA Tefl LINE: ~8" . DEIlOIU '!l..... iRQo ""'~ -"lIU<' f"-'"ll ,-,OOOCI1U,!<N)oj,l...[>illlOOl'K'flolCMJ..O<!'!(T U<il_(D RYulDiSllIlO. 1'001 aro",rATlOtIQrTHISIlE_<::sY51O<1SIIA5rllOHTI<E r.ouTo1wNE:tE~'lOI3,:;U;1ItlI"Q, TOIfISI1I'11<I.IUIhr.t:.u.m....."'''''ADJIIlUl KA/tII;/; 01' ~ $nlror L 6.a__._~~~ IN rr!:r ~~~:'f,~.~~lH~:r=:.OO John ()IjV(Jl' & ASBocisles. Jnc. a RINr . ..... - #kook./ytI CMIfW Sheat J Of 5 Sheets 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 31 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet: VICINITY MAP: i " , ..:./ /1 ; ~ ! ~ . . Ii Sl:C7I0f0IS 10 I1ND 11 TOtIINSi1/P ,,~. RJoHGF 22, SCOrf CQUNrY. MlNNCSOTA 1-' ~ ~ ~ -~ t "r ''.1 /'I81~';J6.E'9.2,OJ 0II_'lli.w;)VIZJr'tu.s:JIUI/5 #IE_~ _1 ~ '~-I ~ -, ~..I- .~~ - -, ,-()T, ~-- -~ nxr.lEIlH_ ..ruootJNfO =-- ~, HICKORY SHORES ~.~~"'/I CRYSTAL LAKE " t :OAn'~ FU"AT.f).', ."OIUA'lV ~6. ?OG~ ~ ,...l.' )"...c ~ .~).J rL~ ..,..Nt:',o'A ,)~R ,,_~ 1/._ '" ,-",,,ro.. .A">. <_LV'>' ;'-" O<t.l,J .'~<.1 ___....J /---MA TOI LiN[ ~B,,--J f, ~ \ ~ \, ---- PARK \ " I ,.-, t li ~'ArC~ c.I."."~'1 ..;J;~A,<r Lb, IOC~ "",. _ ~.'>.~ Pf< wN,f'0'" ON/> ellU<<71U 1/2 1HQ1 tROll ~ 1I1;H.lOll>11 fWIOll_ :;OCNCHU l!llNCl<.,4..c><.."'PPE:IIIOI<IIAlD<ISLl Nll)OlAAIIEDIIYLJl:UIR.ItIl.21..ol. -C.~,",l, 0< ~'~I:. LA~L "p,,;/1~-:5()-A )." <:. ,~ ( ? <-'- .-----: ::.-- RICE LAKE QRl[)IT"'TIOl<OF~9f_GSr$TtlIrSB.t.Sl:COlll}i[ Sl;>.;1~ LK Of" ~1IIL"1 un ... :iEe_ 1C. ~iPl1"':O"""-':l.TO"'1Il''''.o.5SIM.D 1IE_COFIIIlII"OI'4rr llt:N('J<"_ ~~=~~~.'~~r~~~OF n"_.cL.,\",OO."",,-,""'h.,=. 0-"'_ _ ,.~o ";~ ,,'~;;f<;Q1A ~~~ '" , John Oliver & A.ssocilltN, Jnc. EaRNer -.,.".~ -Brook/yrr c.rw Sheet 4 Of 5 Sheets 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 32 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet: HICKORY SHORES /' /' /' /' ~, //,.i.~~:- ") ~':il /.I'\"'"1""'~ . 0:' /' ~I~ /~~~t:.~ .;Jy.lf" \~:. ~.~' /' ::1 //"'~~:y."""':c.">y.":''....\~'.:.' //tt~). "'/ ~l\,\....t...>.;j /' ,'\.oj> ,/?" -\'"" ,? ;:S~ ~~~C09 A./ , t',l'~' /#'Sr:/<f. /'"'- - y<" ,,' -(,,/' :-.;,;:- Or,#' //\I'~;J\ f/"'J/>..lt. /' T5.J)6.....,\(/~ ,j /' '('. '/'<r'~'~~: .. ,:<::" ~" ~i /' ~ '0' /1 \6':. ~ -"", ',' "",- ,/ ~f.~I~' ,s~ -'--- /\ ~ ,~:/';~ ~.l',~'. ~ .~ \ /"~'J.-' ";;~~- /' ,/ U~~\"'J <)1 '.EXCEPTlON I / /V/ :' ~ <(0,.0, ",~v ~",., '\ /'/' :S\~<l~' erJl' \ I //' .,,\~<:fi'O )1 l'~~ _r;t;IoM!UlllTl'~;S "'_1NISc .,.%~q;.<."tr"/" <~;..// /' !' >1'- 1~!i .L...J._.l_ __"~!n"""'IS>~ 'OTUM"S;tH.lSii"Oll/01l11SC H>OeoOlnI.<NDtOJlTT#lIII'l"'...o N)./OIN/I<<i!llfi11(ur.,.r/.H"SNIO ~Al/l0rlJN(s..IJMFU01Mlr1lSE" INOICA1fllQNIIE!'tAr --<"'-. 4r--<1rC'-s- (q.,e- NSI'5:J"jfj'T 6!W-.!Oj .... '\. / I , (~, ~ ~ ~ ..../ , '/ ./' I I- I ~ ~ / PARK / /' / / / /' / I I / I 'II / / ~fitll'l/W lI~UU- RICE LAKE "'^'1-:_~ H,"'~1oti .~.........'. 16, 7006. Q'H' ~.,*" ~ ~~,O '<~ ....."''><>1. C..R 1:\06 files\06 subdivisions\fina\\hickory shores\final development contract.doc VICINITY MAP: CQl.JNTI' IllWl NO. '2 (l70r~ swnl ~.._. 1011.LA<2: lAkE 0Rl'olE SE ..... i ; I ,. " ii SEcnOtls 10 Nil) II fOtrNSHfP II., RANfI 22. SCOTT C-WNTY. MINNESOTA "<\ - EXCEPTION -d '~~~~:;;')-~;ir':"f~~~:::~' tl" t OUTl.OT A QUAIL .DOI01U1/2..a.ROI<PII'E~TF{u<O '..i=o~~~cr.~~~~,"jf'l~TW:l 0IIlD<1~1ID1OOflH5~S'l'>lUlISBAsmlll'Ot..: =--~I'f~~J~':::C -..G Of N lIlIllf4r L 1OO0f0WII\, i1r~~~~,'~~~~=Of John Oliver & A'lIociBtes. /nc. EIJr RIv.. - ....... - ~ CMI<< Sheet 5 Of 5 Sheets Page 33 EXHffiIT "B" SAMPLE IRREVOCABLE LEIIER OF CREDIT No. Date: TO: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1715 Dear Sir or Madam: We hereby issue, for the account of (Name of Develooer) 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:\06 files\06 subdivisions\final\hickory shores\tinal development contract.doc Page 34 EXHmIT "C" SAMPLE CERIUICATE 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: [Minimum] 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 PRj)VIDED: Operations of Contractor: YES 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 35 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 Immunity 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: [Minimum] Bodily Injury: $1,000,000 each person $2,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit 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 WR111J!,N NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 36 EXHIBIT "D" TO DEVELOPMENT CONTRACT (Oversizing Calculations for Developer Installed Improvements) John OIiver& Associates,Inc:. ern' CRIDlT I'OR OVDSIZINO WATIRMAIN .,.... oevelO9ftl.nt. IIlc. ""'" 14.2llO8 -- _ LaIe. M'l RyIn . Co. PUN UNITI'lIa AMOUNT FOIl AMOUNT OF - UMf'll'PRICf: QUANTITY PlANAUOUNT FORS r aTVCREOlT ........C........ It,- wwa... '" ...... a' ....... ...... ...- -- ,....v-.~Ib: IA ..- , ....... ...- St."_ -.. W"I14"'_ ... -.. -.. ..... -. ...... '....T. IA ....- .,..- -... _.II ........ WOlP""" ... -.. -.. -.e. ..... ....tI .... .,...... ... .... ..... .... - -.. "'- IA In... " ..- .... -- ....... T....._C.__ - .,...... .......... BId ScheduIe'- ,.....,.....F~ 1I'0IPO......_ '" ..... ,,. -- n.... 121....... ...,- 1r DPc:l51........ '" ...... .. .......... ..... .......... .n..... 12 0IIe.,.......1br ... .._ I a...... I'.MUI ....... .,...... "'__"'b ... ....... ........ It.Ni. It,"'" -- 12'''......_ ... -.. a..... .-.. 11...... ........ 18't''''....8rd ... ..... -- ""00 -.. 11- 1S"221J1D...BencI ... -.. _.II "11.. .- -- 12'x6T. ... -.. .t.... ....... -... _.II 11'.""" IA _.. ..... ....... -- ..... ..,....,.. IA 't."" ....... -- _.II 11,711. w. trT. ... 11,1." .,.... -.. -- ........ ,....--...-. ... -... ..... .... - ..... ,... 12" ...... ... -. ..... - - ..... 12_ ... ..... 21 '1,7.. ...... ..... -.. r- IA .t.... .. "'- .... ....... ........ T...Ilkt_'.__'~F_ ......... .......... ........ Ir 1t 111......... 12" 21 tlJlht-'" 12'..'" tr.r.. ......... 12'_ ~. . fTDIP plug'" .".0 _ be 47.5%dprlco of12" DIP plug_on .. 114._ '" dcoolsd12".ndfT_. 1:\06 files\06 subdivisions\ftnal\hickory shores\ftnal development contract.doc Page 37 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS APPLICATION FOR PARTIAL PAYMENT Tollefson Development, Inc. Hickory Shores Prior Lake, Minnesota Ryan Contractin9 Co. 1643.11-11 Site Grading- Sanitary Sewer, Watermain, Storm Sewer & Streets ITEM NO ITEM CONTRAC T QUANTITY UNIT UNIT PRICE CONTRACT AMOUNT Bid Schedule A - Site Grading at Townhouses 1 2103.501 - Remove Bituminous Street Section 1 LS $3,200.00 $3,200.00 2 2104.501 - Remove Concrete Curb and Gutter 630 LF $8. 00 $5,040.00 3 2103.501 - Remove Drivewav Section 1 LS $750.00 $750.00 4 2103.501 - Remove Buildings 1 LS $17,000.00 $17,000.00 5 2103.509 - Remove Septic Tank & Drain Field 1 EA $1,000.00 $1,000.00 6 2104.525 - Abandon Well 1 EA $1,500.00 $1,500.00 $530,000.0 7 2105.601 - Common Excavation 0.28 LS 0 $148.400.00 8 2105.601 - Clearing & Grubbing 0.28 LS $52,310.00 $14,646.80 9 2105.607 - Additional Common Excavation (EV) 5600 CY $1.65 $9,240.00 10 2105.607 - Unclassified Excavation (EV) 560 CY $1.95 $1,092.00 11 2411.603 - Common Borrow (EV) 1120 CY $2.35 $2,632.00 12 2411.603 - Boulder Retaining Wall 652 SF $17.50 $11.410.00 13 2572.501 - Tree Protection Fence 4291.84 LF $1.30 $5,579.39 14 2573.502 - Silt fence, Heavv Duty 0 LF $1.80 $0.00 15 2573.502 - Silt fence, Pre-Assembled 5174.96 LF $1.30 $6,727.45 16 2573.601 - Remove Temporary Erosion Control Measures 0.28 LS $3,500.00 $980.00 17 2573.601 - Install Temporary Erosion Control Measures 0.28 LS $0.01 $0.00 1:\06 files\06 subdivisions\finaI\hickory shores\finaI development contract.doc Page 38 18 2573.603 - Remove Silt Fence 19 2573.602 - Rock Construction Entrance 20 2575.605 - SeedinQ with Mulch per City Specifications 21 Split Rail Conservation Fence 22 Wetland Replacement 23 Wetland Buffer SiQns per City Detail 24 Havbale Ditch Checks 25 Rain Gardens Total Bid Schedule A - Site GradinQ at Townhouses Bid Schedule B - Sanitary Sewer at Townhouses 1 Connect to ExistinQ Pipe 2 8" PVC. SDR 35. 0'-10' deep 3 8" PVC. SDR 35.10'-12' deep 4 8" PVC. SDR 35.12'-14' deep 5 48" Diameter Manhole 0-8' depth 6 Extra Depth 48" Diameter Manhole 7 Sand BeddinQ 8 Rock Foundation 9 8" x 4" PVC Wve 10 Salvage 8" PVC Plug 11 4" PVC SDR 26 Service Pipe 12 4" PVC SDR 26 Riser Pipe 13 Televise Sanitary Sewer Total Bid Schedule B - Sanitary Sewer at Townhouses Bid Schedule C - Watermain at Townhouses L EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 5174.96 LF 0.28 EA 9.24 AC 914.76 LF 4400 SF 26 EA o EA 26173 SF 1 EA 1454 LF 336 LF 55 LF 12 EA 34 LF 670 TN 185 1 TN 381 EA 1 1 EA 1136 1 LF 28 I LF 1845 l LF I 1 1 I I 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc $0.15 $5.500.00 $450.00 $7.75 unknown unknown $125.00 $80.00 $2.50 $776.24 I $1.540.00 $4.158.00 $7.089.39 $3.250.00 $0.00 $65,432.50 $311,443.78 $14.000.00 $23.75 $23.75 $23.75 $2.050.00 $90.00 $0.01 $0.01 $118.00 $50.00 $10.00 $10.00 $0.75 $14.000.00 $34.532.50 $7.980.00 $1.306.25 $24.600.00 $3.060.00 I $6.70 $1.85 $4.484.00 $50.00 $11.360.00 $280.00 $1.383.75 $103.045.05 Page 39 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 1 Connect to ExistinQ 8" Pioe 2 6" DIP CI52, w/ooly wrao 3 8" DIP CI 52, w/ooly wrao 4 16" DIP CI51, w/oolywrao 5 6" Gate Valve with Box 6 8" Gate Valve with Box 7 16" Gate Valve with Box 8 Hydrant 9 8" 11 1/4 DeQ. Bend 10 16" 11 1/4 DeQ. Bend 11 8" 22 112 DeQ. Bend 12 8" 45 DeQ. Bend 13 8" 90 DeQ. Bend 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 EA 15 LF 1875 LF 431 LF 2 EA 8 EA 1 EA 2 EA 3 EA 2 EA 3 EA 7 EA 1 EA 2 EA 3 EA 1 EA 1 EA 1 EA 20 LF 100 LF 1 EA 1 EA 1 EA 2 EA 1 EA 12 EA 57 EA 11 EA 1150 I LF 38 I EA 10 I SY 2 I EA 8"x6" Tee 8"x8"Tee 16"x16"Tee 16" DIP PluQ 16" x 8" Reducer Remove 6" DIP Remove 8" DIP Remove Hydrant Remove 8" x 6" Tee Remove 6" Gate Valve with Box Remove 8" DIP Plug Remove 8" 45 DeQ. Bend 6" MeQaluQs 8" MeQaluQs 16" MeQaluQs 1" Copper Service Pipe 1" Corporation, Curb Stop With Box 4" Polystyrene Insulation IrriQation Service, per City Plate 209 1:\06 files\06 subdivisions\tinal\hickory shores\tinal development contract.doc $1.500.00 $22.40 $24.00 $46.00 $905.00 $1,145.00 $4,420.00 $1,995.00 $190.00 $495.00 $190.00 $190.00 $213.00 $282.00 $302.00 $1,510.00 $430.00 $625.00 need orice need price need price need price need price need price need price $24.50 $38.50 I $115.00 I $12.00 I $250.00 I I $35.60 I I need price I Page 40 $3,000.00 $336.00 $45,000.00 $19,826.00 $1,810.00 $9.160.00 $4,420.00 $3.990.00 $570.00 $990.00 $570.00 $1,330.00 $213.00 $564.00 $906.00 I $1.510.00 I $430.00 $625.00 I I $294.00 $2,194.50 $1,265.00 $13,800.00 $9,500.00 $356.00 I 33 4" PVC SDR26 Sleeves (IrriQation XinQs) Total Bid Schedule C - Watermain at Townhouses Bid Schedule D - Storm Sewer at Townhouses 1 15" RCP Class 5 2 18" RCP Class 5 3 21" RCP Class 4 4 24" RCP Class 3 5 27" RCP Class 3 6 33" RCP Class 3 7 24" RCP PluQ 8 4" Perforated HDPE with sock (Rain Garden) 9 8" PVC SDR 26 (FES 202 to Rain Garden) 10 8" PVC Apron with Std. Trash Guard 11 15" RCP Apron with Std. Trash Guard 12 33" RCP Apron with Std. Trash Guard 13 2' X 3' Catchbasin 14 48" Diameter Catchbasin/Manhole 15 60" Diameter Catchbasin/Manhole 16 72" Diameter Catchbasin/Manhole 17 Pond Skimmer Structure 18 Random Rip Rap. CI. IV, with Fabric 19 Street Inlet Protection - Install and Remove Wimco 20 Rear Yard Inlet Protection - Screen w/AQqreQate Filter Total Bid Schedule D - Storm Sewer at Townhouses Bid Schedule E - Streets thru Base Bituminous at Townhouses 2105.522 - 24" Select Granular Borrow (CV) EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 106 LF need price $122.659.50 1 485 LF $22.05 $10.694.25 275 LF $25.10 $6.902.50 308 LF $28.40 $8.747.20 295 LF $32.45 $9.572.75 670 LF $41.10 $27537.00 47 LF $69.65 $3.273.55 1 EA need price 525 LF $5.50 $2.887.50 89 LF $17.00 $1.513.00 2 EA need price 3 EA $745.00 $2,235.00 1 EA $1.910.00 $1.910.00 4 EA $1.710.00 $6.840.00 15 EA $2.205.00 $33.075.00 2 EA $2.880.00 $5.760.00 1 EA $3.300.00 $3.300.00 2 EA $2.180.00 $4.360.00 9.5 CY $70.00 $665.00 I 15 EA $375.00 $5.625.00 1 EA $50.00 $50.00 I $134,947.75 9083 SY $8.00 $72.664.00 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 41 EXIDBIT "E" TO DEVELOPMENT CONTRACT ESTlMAlEU CONSTRUCTION COSTS 2 2112.501 - SubQrade Preparation 22.43 Rd. Sta. $145.00 $3.252.35 3 2211.501 - 6" Class 5 ApQreQate Base 100% Crushed/Recycled 9083 TN $4.05 $36.786.15 2360.602 - 21/2" Bituminous Non Wearing Course 4 (LVNW35030B) 7455.39 SY $4.85 $36,158.64 5 2504.602 - Adiust Valye Box 4 EA $0.01 $0.04 6 2506.522 - Adiust Frame & RinQ CastinQ 32 EA $0.01 $0.32 7 2511.515 - Geotextile fabric. Tvpe IV 586 SY $0.50 $293.00 8 2"x8' Wide Bituminous Bike Trail with 6" CI. 5 AQQr. Base 18952 SF $1.60 $30.323.20 I 9 2521.501 - 6"x5' Wide Concrete Sidewalk with 4" Granular Base 5531.8 SF $3.45 $19.084.71 1 10 2531.501 - Concrete Curb & Gutter - All Tvpes 4436.02 LF $8.55 $37.927.97 11 2531.602 - Pedestrian Ramp 4 EA $450.00 $1.800.00 Total Bid Schedule E - Streets thru Base Bituminous at Townhouses $238.290.38 Bid Schedule F - Streets Wear Course Pavino at Townhouses Total Bid Schedule F - Streets Wear Course Pavino at Townhouses 443.6 LF $25.50 $11.311.80 553.18 SF $7.20 $3.982.90 372.7 GAL $2.50 $931.75 7455.39 SY $3.30 $24.602.79 4 EA $0.01 $0.04 14 EA $0.01 $0.14 0.29 LS $500.00 $145.00 $40.974.41 1 Remove and Replace Curb & Gutter 2 Remove and Replace Sidewalk 3 2357.502 - Bituminous Tack Coat 4 2360.601 - 1 1/2" Bituminous Wearing Course (LVWE45030B) 5 2504.602 - Adjust Valve Box 6 2506.522 - Adjust Frame & Rino CastinQ 7 Traffic Control Bid Schedule G - Site Gradino Phase 1 SinQle Family 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc 0 LS $3.200.00 $0.00 0 LF $8.00 $0.00 I 0 LS $750.00 $0.00 0 LS $17.000.00 $0.00 0 EA $1.000.00 $0.00 Page 42 1 2103.501 - Remove Bituminous Street Section 2 2104.501 - Remove Concrete Curb and Gutter 3 2103.501 - Remove Driveway Section 4 2103.501 - Remove Buildings 5 2103.509 - Remove Septic Tank & Drain Field EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMAIEIJ CONSTRUCTION COSTS 6 2104.525 - Abandon Well 0 EA 7 2105.601 - Common Excavation 0.39 LS 8 2105.601 - Clearino & Grubbing 0.39 LS 9 2105.607 - Additional Common Excavation (EV) 7800 CY 10 2105.607 - Unclassified Excavation (EV) 780 CY 11 2411.603 - Common Borrow (EV) 1560 CY 12 2411.603 - Boulder Retainino Wall 8542 SF 13 2572.501 - Tree Protection Fence 5977.92 LF 14 2573.502 - Silt fence, Heaw Dutv 0 LF 15 2573.502 - Silt fence. Pre-Assembled 7207.98 LF 16 2573.601 - Remove Temoorary Erosion Control Measures 0.39 LS 17 2573.601 - Install Temporary Erosion Control Measures 0.39 LS 18 2573.603 - Remove Silt Fence 7207.98 LF 19 2573.602 - Rock Construction Entrance 0.39 EA 20 2575.605 - Seedino with Mulch per Citv Specifications 12.87 AC 21 Split Rail Conservation Fence 1274.13 LF 22 Wetland Replacement 0 SF 23 Wetland Buffer Sions per City Detail 0 EA 24 Haybale Ditch Checks 4 EA 25 Rain Gardens 0 SF Note: Rain Garden desion now uses seed mixes. not plantings Total Bid Schedule G - Site Gradino Phase 1 Single Family Bid Schedule H - Sanitary Sewer Phase 1 Single Family 1 8" PVC, SDR 35.0'-10' deep 541 LF 2 8" PVC. SDR 35. 10'-12' deep 509 LF 3 8" PVC. SDR 35. 12'-14' deep 298 LF 4 8" PVC. SDR 35. 14'-16' deep 364 LF 5 8" PVC. SDR 26. 16'-18' deep 435 LF 6 8" PVC. SDR 26. 18'-20' deep 358 LF 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc $1 .500.00 $530.000.0 o $52.310.00 $1.65 $1.95 $2.35 $17.50 $1.30 $1.80 $1.30 $3.500.00 $0.01 $0.15 $5.500.00 $450.00 $7.75 unknown unknown $125.00 $80.00 $2.50 $0.00 $206.700.00 $20.400.90 $12,870.00 $1.521.00 1 $3,666.00 $149.485.00 $7.771.30 $0.00 $9.370.37 $1.365.00 $0.00 $1,081.20 $2.145.00 $5,791.50 $9.874.51 $0.00 $320.00 $0.00 1 I I $432.361.78 $23.75 $23.75 $23.75 $23.75 $37.15 $37.15 $12.848.75 $12.088.75 $7.077.50 $8.645.00 $16.160.25 $13.299.70 1 Page 43 7 8" PVC. SDR 26. 20'-22' deep 8 48" Diameter Manhole 0-8' depth 9 Extra Depth 48" Diameter Manhole 10 Sand BeddinQ 11 Rock Foundation 12 8" x 4" PVC Wve 13 Salvaqe 8" PVC Pluq 14 4" PVC SDR 26 Service Pipe 15 4" PVC SDR 26 Riser Pipe 16 Televise Sanitary Sewer EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMAIEO CONSTRUCTION COSTS 129 LF 20 EA 144 LF 960 TN 265 TN 36 EA 1 EA 1450 LF 185 LF 2634 LF Total Bid Schedule H - Sanitary Sewer Phase 1 SinQle Familv Bid Schedule I - Watermain Phase 1 SinQle Familv 1 6" DIP CI 52. w/polv wrap 2 8" DIP CI 52. w/polv wrap 3 12" DIP C152. w/polv wrap 4 16" DIP CI 51, w/polv wrap 5 6" Gate Valve with Box 6 8" Gate Valve with Box 7 12" Gate Valve with Box 8 16" Gate Valve with Box 9 Hvdrant 10 8" 11 1/4 Deq. Bend 11 12" 11 1/4 DeQ. Bend 12 16" 11 1/4 DeQ. Bend 13 16" 221/2 DeQ. Bend 14 8" x6" Tee 15 12" x 6" Tee 16 12" x 8" Tee 17 16" x 6" Tee $37.15 $2.050.00 $90.00 $0.01 $0.01 $118.00 $50.00 $10.00 $10.00 $0.75 $4.792.35 $41.000.00 $12.960.00 $9.60 $2.65 $4.248.00 I $50.00 I $14,500.00 $1.850.00 $1,975.50 $151.508.05 148 LF $22.40 $3,315.20 960 LF $24.00 $23.040.00 1130 LF $33.00 $37.290.00 539 LF $46.00 $24,794.00 I 7 EA $905.00 $6.335.00 2 EA $1.145.00 $2.290.00 2 EA $1.820.00 $3.640.00 I 1 EA $4,420.00 $4,420.00 I 8 EA $1.995.00 $15.960.00 3 EA $190.00 $570.00 6 EA $400.00 I $2,400.00 2 EA $495.00 I $990.00 1 EA $495.00 I $495.00 I 2 EA $282.00 I $564.00 3 EA $505.00 I $1,515.00 1 EA $536.00 I $536.00 2 EA $1,150.00 I $2.300.00 Page 44 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc EXHffiIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 18 16" x 16" Tee 19 20 21 22 23 24 25 26 27 28 29 30 31 1 EA $1.510.00 $1.510.00 1 EA need price 1 EA $140.00 $140.00 1 EA $625.00 $625.00 1 EA $525.00 $525.00 34 EA $24.50 $833.00 18 EA $38.50 $693.00 25 EA $68.00 $1,700.00 17 EA $115.00 $1.955.00 1550 LF $12.00 $18.600.00 36 EA $250.00 $9,000.00 0 LF $32.00 $0.00 0 EA $350.00 $0.00 10 SY $35.60 $356.00 $166.391.20 6" DIP Pluo 8" x 6" Reducer 16" x 8" Reducer 16" x 12" Reducer 6" MeoaluQs 8" MeoaluQs 12" MeQaluos 16" MeoaluQs 1" Copper Service Pipe 1" Corporation. Curb Stop With Box 2" Copoer Service Pipe 2" Corporation. Curb Stop With Box 4" Polvstvrene Insulation Total Bid Schedule 1- Watermain Phase 1 Sinole Familv Bid Schedule J - Storm Sewer Phase 1 Sinole Familv 1 12" RCP Class 5 2 15" RCP Class 5 3 18" RCP Class 5 4 21" RCP Class 4 5 24" RCP Class 3 6 27" RCP Class 3 7 36" RCP Class 3 8 42" RCP Class 3 9 15" RCP PluQ 10 18" RCP PluQ 11 12" RCP Apron with Std. Trash Guard 12 15" RCP Apron with Std. Trash Guard 13 18" RCP Apron with Std. Trash Guard 146 LF $21.00 $3.066.00 1278 LF $22.05 $28.179.90 752 LF $25.10 $18.875.20 408 LF $28.40 $11.587.20 865 LF $32.45 $28.069.25 256 LF $41.10 $10.521.60 60 LF $79.60 $4.776.00 47 LF $110.00 $5.170.00 1 EA need price 1 EA need price 2 EA $700.00 $1.400.00 2 EA $745.00 $1.490.00 1 EA $800.00 $800.00 Page 45 1:\06 tiles\06 subdivisions\final\hickory shores\final development contract.doc EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 14 36" RCP Apron with Std. Trash Guard 15 42" RCP Apron with Std. Trash Guard 16 27" Diameter Catchbasin 17 2' X 3' Catchbasin 18 48" Diameter Catchbasin/Manhole 19 60" Diameter Catchbasin/Manhole 20 72" Diameter Catchbasin/Manhole 21 84" Diameter Catchbasin/Manhole 22 Pond Skimmer Structure 23 Random Rip Rap. CI. IV. with Fabric 24 Street Inlet Protection - Install and Remove Wimco 25 Rear Yard Inlet Protection - Screen w/AOQreQate Filter Total Bid Schedule J - Storm Sewer Phase 1 SinQle Family Bid Schedule K - Streets thru Base Bituminous Phase 1 SinQle Family 1 EA 1 EA 2 EA 4 EA 18 EA 2 EA 2 EA 1 EA 1 EA 26.5 CY 19 EA 2 EA $2.1 RO.OO $2,225.00 $1,175.00 $1,710.00 $2.205.00 $2,880.00 $3.300.00 $4.390.00 $2180.00 $70.00 $375.00 $50.00 $2.160.00 $2.225.00 $2.350.00 I $6.840.00 $39.690.00 $5,760.00 $6.600.00 $4.390.00 $2.180.00 $1.855.00 $7.125.00 $100.00 1 $195.210.15 j 1 1 2105.522 - 24" Select Granular Borrow (CV) 11315 SY $8.00 $90.520.00 2 2112.501 - SubQrade Preparation 27.95 Rd. Sta. $145.00 $4,052.75 3 2211.501 - 6" Class 5 AQQreoate Base 100% Crushed/Recvcled 11315 TN $4.05 $45.825.75 2360.602 - 21/2" Bituminous Non Wearing Course $45.043.99 1 4 (LVNW35030B) 9287.42 SY $4.85 5 2504.602 - Adjust Valve Box 5 EA $0.01 . $0.051 6 2506.522 - Adjust Frame & Rino CastinQ 41 EA $0.01 $0.41 7 2511.515 - Geotextile fabric. Type IV 730 SY $0.50 $365.00 8 2"x8' Wide Bituminous Bike Trail with 6" CI. 5 AOQr. Base 23610 SF $1.60 $37.776.00 9 2521.501 - 6"x5' Wide Concrete Sidewalk with 4" Granular Base 6891.2 SF $3.45 $23.774.64 10 2531.501 - Concrete Curb & Gutter - All Types 5526.1 LF $8.55 $47.248.16 11 2531.602 - Pedestrian Ramp 5 EA $450.00 $2.250.00 Total Bid Schedule K - Streets thru Base Bituminous Phase 1 Single Family $296.856.74 I Bid Schedule L - Streets Wear Course Pavin!J Phase 1 Single Family 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 46 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 1 Remove and Replace Curb & Gutter 2 Remove and Replace Sidewalk 3 2357.502 - Bituminous Tack Coat 4 2360.601 - 1 1/2" Bituminous Wearino Course (LVWE45030B) 5 2504.602 - Adiust Valve Box 6 2506.522 - Adiust Frame & Rino Castinq 7 Traffic Control 552.61 LF 689.12 SF 464.28 GAL 9287.42 SY 5 EA 18 EA 0.37 LS Total Bid Schedule L - Streets Wear Course Pavino Phase 1 Sinole Familv Bid Schedule M - Site Gradino Phase 2 1 2103.501 - Remove Bituminous Street Section 2 2104.501 - Remove Concrete Curb and Gutter 3 2103.501 - Remove Drivewav Section 4 2103.501 - Remove Buildinos 5 2103.509 - Remove Septic Tank & Drain Field 6 2104.525 - Abandon Well o LS o LF o LS o LS o EA o EA 7 2105.601 - Common Excavation 8 2105.601 - Clearino & Grubbinq 9 2105.607 - Additional Common Excavation (EV) 10 2105.607 - Unclassified Excavation (EV) 11 I 2411.603 - Common Borrow (EV) 12 I 2411.603 - Boulder Retainino Wall 13 I 2572.501 - Tree Protection Fence 14 I 2573.502 - Silt fence. Heavv Duty 15 I 2573.502 - Silt fence. Pre-Assembled 16 I 2573.601 - Remove Temporary Erosion Control Measures 17 I 2573.601 -Install Temporary Erosion Control Measures 18 I 2573.603 - Remove Silt Fence 19 I 2573.602 - Rock Construction Entrance 0.33 LS 0.33 LS 6600 I CY 660 I CY 1320 I CY 13537 I SF 5058.24 I LF o I LF 6099.06 I LF 0.33 I LS 0.33 I LS 6099.06 I LF 0.33 I EA 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc $25.50 $7.20 $2.50 $3.30 $0.01 $0.01 $500.00 $14,091.56 $4.961.66 $1,160.70 $30.648.49 $0.05 $0.18 $185.00 $51.047.64 $3.200.00 $8. 00 $750.00 $17.000.00 I $1.000.00 I $1.500.00 I $530,000.0 o $52,310.00 $1.65 $1.95 $2.35 $17.50 $1.30 $1.80 $1.30 $3.500.00 $0.01 $0.15 $5.500.00 I $0.00 $0.00 $0.00 $0.00 I $0.00 $0.00 $174.900.00 $17.262.30 $10.890.00 I $1.287.00 $3.102.00 $236.897.50 $6.575.71 $0.00 $7.928.78 $1.155.00 $0.00 $914.86 $1.815.00 Page 47 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 20 2575.605 - Seedinq with Mulch per City Specifications 10.89 AC $450.00 21 Split Rail Conservation Fence 1078.11 LF $7.75 22 Wetland Replacement 0 SF unknown unknown 23 Wetland Buffer Sions per Citv Detail 0 EA $125.00 24 Haybale Ditch Checks 0 EA $80.00 25 Rain Gardens 0 SF $2.50 Note: Rain Garden desion now uses seed mixes. not plantinos Total Bid Schedule M - Site Gradino Phase 2 Bid Schedule N - Sanitary Sewer Phase 2 1 Connect to Existing Pipe 1 EA $14,000.00 2 8" PVC. SDR 35.0'-10' deep 1016 LF $23.75 3 8" PVC. SDR 35,10'-12' deep 343 LF $23.75 4 8" PVC. SDR 35. 12'-14' deep 278 LF $23.75 5 8" PVC. SDR 35. 14'-16' deep 418 LF $23.75 6 8" PVC. SDR 26.16'-18' deep 132 LF $37.15 7 8" PVC. SDR 26. 18'-20' deep 157 LF $37.15 8 8" PVC. SDR 26. 20'-22' deep 227 LF $37.15 9 48" Diameter Manhole 0-8' depth 19 EA $2,050.00 10 Extra Depth 48" Diameter Manhole 143 LF $90.00 11 Sand Beddina 935 TN $0.01 12 Rock Foundation 255 TN $0.01 13 8" x 4" PVC Wye 43 EA $118.00 14 Salvaqe 8" PVC Pluq 1 EA $50.00 15 4" PVC SDR 26 Service Pipe 1856 LF $10.00 16 4" PVC SDR 26 Riser Pipe 132 LF $10.00 17 Televise Sanitary Sewer 2571 LF $0.75 Total Bid Schedule N - Sanitary Sewer Phase 2 $4,900.50 I $8.355.35 $0.00 $0.00 $0.00 1 $475.984.00 1 j 1 $14.000.00 $24.130.00 $8.146.25 $6.602.50 $9.927.50 $4~903.80 $5.832.55 1 $8,433.05 $38.950.00 1j $12.870.00 $9.351 $2.55 1 $5.074.00 $50.00 $18.560.00 $1.320.00 $1.928.25 $160.739.80 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 48 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATEJ) CONSTRUCTION COSTS Bid Schedule 0 - Watermain Phase 2 1 Connect to Existino 12" Pipe 1 EA $2,500.00 $2,500.00 2 6" DIP CI 52, w/polv wrap 515 LF $22.40 $11,536.00 3 8" DIP CI 52, w/polv wrap 1146 LF $24.00 $27,504.00 I 4 12" DIP CI 52, w/polv wrap 1259 LF $33.00 $41,547.00 5 6" Gate Valve with Box 10 EA $905.00 $9.050.00 6 8" Gate Valve with Box 1 EA $1,145.00 $1.145.00 7 12" Gate Valve with Box 2 EA $1.820.00 $3.640.00 8 Hydrant 8 EA $1,995.00 $15,960.00 9 6" 11 1/4 Deo. Bend 1 EA need price 10 8" 11 1/4 DeQ. Bend 6 EA $190.00 $1,140.00 11 12" 11 1/4 DeQ. Bend 5 EA $400.00 $2,000.00 1 12 6" 221/2 DeQ. Bend 1 EA need price 1 13 8" 22 1/2 DeQ. Bend 1 EA $190.00 $190.00 I 14 12" 22 1/2 DeQ. Bend 2 EA $400.00 $800.00 1 15 8" 45 DeQ. Bend 2 EA $190.00 $380.00 1 16 6" x6" Tee 1 EA need price I 17 8"x6"Tee 2 EA $282.00 $564.00 I 18 12" x 6" Tee 4 EA $505.00 $2,020.00 19 12" x 8" Tee 1 EA $536.00 $536.00 20 12" DIP Plug 1 EA $145.00 $145.00 21 8" x 6" Reducer 1 EA $140.00 $140.00 22 6" MeQaluQs 40 EA $24.50 $980.00 I 23 8" MeQaluQs 25 EA $38.50 $962.50 ] 24 12" Meaaluas 29 EA $115.00 $3,335.00 25 1" Copper Service Pipe 1680 LF $12.00 $20,160.00 26 1" Corporation, Curb Stop With Box 43 EA $250.00 $10,750.00 27 2" Copper Service Pipe LF $32.00 28 2" Corporation, Curb Stop With Box EA $350.00 29 4" Polystyrene Insulation 10 SY $35.60 $356.00 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 49 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS Total Bid Schedule 0 - Watermain Phase 2 Bid Schedule P - Storm Sewer Phase 2 1 Connect to Existing Storm Sewer 2 15" RCP Class 5 3 18" RCP Class 5 4 21" RCP Class 4 5 24" RCP Class 3 6 15" RCP Apron with Std. Trash Guard 7 21" RCP Apron with Std. Trash Guard 8 27" Diamater Catchbasin 9 2' X 3' Catchbasin 10 48" Diameter Catchbasin/Manhole 11 60" Diameter Catch basin/Manhole 12 84" Diameter Catchbasin/Manhole 13 Random Rip Rap. CI. IV. with Fabric 14 Street Inlet Protection - Install and Remove Wimco 15 Rear Yard Inlet Protection - Screen w/Aggregate Filter Total Bid Schedule P - Storm Sewer Phase 2 Bid Schedule Q - Streets thru Base Bituminous Phase 2 1 2105.522 - 24" Select Granular Borrow (CV) 2 2112.501 - Subgrade Preparation 3 2211.501 - 6" Class 5 Aggregate Base 100% Crushed/Recycled 2360.602 - 21/2" Bituminous Non Wearing Course 4 (LVNW35030B) 5 2504.602 - Adjust Valve Box 6 2506.522 - Adjust Frame & Ring CastinQ 7 2511.515 - Geotextile fabric. Type IV 8 2"x8' Wide Bituminous Bike Trail with 6" CI. 5 AgQr. Base 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc $157.340.50 I I 1 1 EA 1760 LF 605 LF 1206 LF 299 LF 3 EA 2 EA 3 EA 5 EA 19 EA 1 EA 1 EA 10.5 CY 18 EA 3 EA $1.500.00 $22.05 $25.10 $28.40 $32.45 $745.00 $1.140.00 $1.175.00 $1.710.00 $2.205.00 $2,880.00 $4,390.00 $70.00 $375.00 $50.00 $1.500.00 $38,808.00 $15.185.50 $34.250.40 $9.702.55 $2.235.00 $2.280.00 $3.525.00 $8.550.00 $41.895.00 $2.880.00 $4.390.00 I $735.00 $6.750.00 $150.00 I $172.,836.45 I 10602 SY $8.00 $84.816.00 26.18 Rd. Sta. $145.00 $3.796.10 10602 TN $4.05 $42.938.10 8702.19 SY $4.85 $42,205.62 5 EA $0.01 $0.05 38 EA $0.01 $0.38 684 SY $0.50 $342.00 22121 SF $1.60 $35.393.60 Page 50 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS 9 2521.501 - 6"x5' Wide Concrete Sidewalk with 4" Granular Base 1 0 2531.501 - Concrete Curb & Gutter - All Tvpes 11 2531.602 - Pedestrian Ramp Total Bid Schedule a - Streets thru Base Bituminous Phase 2 Bid Schedule R - Streets Wear Course PavinCl Phase 2 1 Remove and Replace Curb & Gutter 2 Remove and Replace Sidewalk 3 2357.502 - Bituminous Tack Coat 4 2360.601 - 1 1/2" Bituminous WearinCl Course (LVWE45030B) 5 2504.602 - Adiust Valve Box 6 2506.522 - Adiust Frame & Rino Castino 7 Traffic Control Total Bid Schedule R - Streets Wear Course Pavino Phase 2 SUMMARY Totals Bid Schedule A - Site Grading at Townhouses Bid Schedule B - Sanitary Sewer at Townhouses Bid Schedule C - Watermain at Townhouses Bid Schedule D - Storm Sewer at Townhouses Bid Schedule E - Streets thru Base Bituminous Phase Townhouses Bid Schedule F - Streets Wear Course Paving Phase Townhouses TOTAL for TOWNHOUSES 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc 6457 SF 5177.88 LF 5 EA 517.79 LF 645.7 SF 435.02 GAL 8702.19 SY 5 EA 17 EA 0.34 LS ~3.45 $8.55 $450.00 $22.276.65 I $44,270.87 $2,250.00 $278,289.38 $25.50 $7.20 $2.50 $3.30 $0.01 $0.01 $500.00 I $13,203.65 1 $4,649.04 1 $1,087.55 1 $28,717.23 $0.05 $0.17 $170.00 $47,827.68 $311,443.78 $103,045.05 $122.659.50 $134,947.75 $238,290.38 $40.974.41 $951,360.87 I Page 51 EXHIBIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS Bid Schedule G - Site Gradinq Phase 1 Sinole Family Bid Schedule H - Sanitary Sewer Phase 1 Sinole Family Bid Schedule I - Watermain Phase 1 Sinole Family Bid Schedule J - Storm Sewer Phase 1 Sinole Family Bid Schedule K - Streets thru Base Bituminous Phase 1 Sinole Family Bid Schedule L - Streets Wear Course Payino Phase 1 Sinole Fami y $432,361.78 I $151.508.05 I $166.391.20 $195,210.15 $296.856.74 $51,047.64 TOTAL for PHASE 1 SINGLE FAMILY $1,293,375.56 Bid Schedule M - Site Gradinq Phase 2 Bid Schedule N - Sanitary Sewer Phase 2 Bid Schedule 0 - Watermain Phase 2 Bid Schedule P - Storm Sewer Phase 2 Bid Schedule Q - Streets thru Base Bituminous Phase 2 Bid Schedule R - Streets Wear Course PaYinq Phase 2 $475.984.00 $160.739.80 $157.340.50 $172,836.45 $278,289.38 I $47,827.68 I TOTAL for PHASE 2 $1.293.017.81 GRAND TOTAL $3.537,754.24 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 52 EXHffiIT "E" TO DEVELOPMENT CONTRACT ESTIMATED CONSTRUCTION COSTS . AUG. 14. 2006S 12: 29PMtt TOllEFSONOEVElOPMENT ~ :FfIlIIG 'AX fiO :7634255155 NO, 6391 p, 22 May. 17 2186 ee:~ PC ~ Nunery & Landscaping 9340 fair Way Maple Grove, 1m 55369 Phone (783)4264212" Pax (783)42504155 / ~ Contracting, IDe. Altn: Manhal. Johnson 1700 ~13th Ave. t. Shakopee, IIN &1379 fix: 9SU~D7 -- QUOTATION IDee., 5117108 Jcil: Hickory Shores Prior Lake, MN Qlf 252 232 50 172 -tal SIze Variety 2.5" 0\., ~,II.,./ Tree 3.5" Overstory Tree 2.25" Ornamental Trees e' Evergr.en Trees -- .. ..:... Prlc:a $ 300.00 425.00 225.00 225.00 10#' $ ,/ AqtOUJJtl 75,800.00 98.800:00 ,11.250.00 I __. 38.700.00 . '.J 10)'" go. f . ,... z.z.." '5)' ac:a....... ~ .. Total $ "..,,~-,- I . , 7>1.,.1: 33'7 (J If,. - ., :'''-~a'. SinclJla/y, Mfri H.... Owner . .; ~'.. ,.' :<".. ~. " :"":'~. . .:.... . -"-''-,.:- '~,-',.~t" ~~: ~~; ~. - . ..~ ," .....- . ;. ...," .... -, .' ";., -,' ,t.'. . .. .' .. ..,J : ",,-;C RpN6:'''' ,~.. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 53 EXHmIT "F' TO DEVELOPMENT CONTRACT CONDITIONS OF PLAT AI:.c nOV AL 1. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. 2. Payment of all fees prior to release of the final plat mylars. 3. 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 II" sheet of paper. 4. Four mylar sets of the final plat with all required signatures are submitted. 5. The developer provides financial security, acceptable to the City Engineer prior to release of the final plat mylars. 6. 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 November 21, 2006, will render the final plat null and void. 1:\06 files\06 subdivisions\final\hickory shores\final development contract.doc Page 54