HomeMy WebLinkAbout5E - Coves of Northwood Meadows
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t-.~~ 17073 Adelmann Street S.E.
OW'" Prior Lake, MllUlesota 55372
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
SEPTEMBER 5, 2006
5E
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR THE COVES OF
NORTHWOOD MEADOWS
Introduction
Cardinal Development Group has filed an application for approval of a final plat
to be known as The Coves at Northwood Meadows. This plat is the southerly
portion of the overall Northwood Meadows development, and may be
considered the first phase since the extension of utilities starts at this location.
It is located east of Northwood Road and Knoll Ridge Drive, and west and
north of Spring Lake Regional Park. The plat consists of 40 acres to be
subdivided into 40 lots for single family homes.
H istorv
On March 20, 2006, the City Council adopted Resolution #06-039, approving
the preliminary plat for Northwood Meadows. The resolution listed the
following as conditions of approval:
a. A wetland mitigation plan must be approved prior to any grading on the
site.
b. The plan must be revised to include a driveway access to the park.
c. Revise the plans to address all of the Engineering comments in the
memorandum from Assistant City Engineer Larry Pop pier dated January 5,
2006. All grading, hydrology and stormwater issues must be addressed
prior to any grading on the site.
d. On the final PUD plan, clearly indicate which lots will be allowed a 7.5' side
yard setback.
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.
g. The developer must submit a cash escrow of $45,000 for a playground
structure for the park 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.
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j. The developer must work with City staff to determine the feasibility of
locating a trail on the south side of the development adjacent to Spring
Lake Regional Park. If the staff finds this trail location is feasible, the
developer must construct the trail.
k. The developer must escrow funds, in an amount to be determined by the
City staff, for the construction of a sidewalk on one side of Hawk Ridge
Trail from Northwood Road to this development.
Current Circumstances
The final plat of The Coves of Northwood Meadows consists of approximately
40 acres to be subdivided into 40 lots for single family dwellings, 2 park
parcels and 1 outlot for stormwater ponding.
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 $1,050,609.00
for the construction of the public improvements. It further specifies
development fees of $374,768.00 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 The Coves of Northwood Meadows.
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 The Coves of Northwood Meadows and
authorizing the Mayor and City Manager to sign the Development Contract.
Motion By:
Second By:
WHEREAS, On March 20, 2006, the City Council approved the preliminary plat known as
"Northwood Meadows, subject to conditions identified by Resolution 06-039; and
WHEREAS, The City Council has found that the final plat of "The Coves of Northwood Meadows" is
in substantial compliance with the approved preliminary plat for "Northwood Meadows;
and
WHEREAS, The City Council has approved the final plat of "The Coves of Northwood Meadows."
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The final plat of "The Coves of Northwood Meadows" is approved subject to the conditions set forth
in this resolution.
3. The final plat of "The Coves of Northwood Meadows" is subject to the following conditions, which
shall be met prior to release of and recording of the final plat:
a) Payment of all fees prior to release of the final plat mylars.
b) Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
c) Four mylar sets of the final plat with all required signatures must be submitted.
d) The developer must provide financial security, acceptable to the City Engineer prior to release
of the final plat mylars.
e) 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 December 5, 2006, will
render the final plat null and void.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2006.
YES
NO
I Haugen
Dornbush
Erickson
LeMair
Millar
Haugen
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
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Phone 952.440.9675 / Fax 952.440.9678
DEVELOPMENT CONTRACT
THE COVES OF NORTHWOOD MEADOWS
PROJECT #06-135
This DEVELOPMENT CONTRACT is entered into this 5th day of September, 2006, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Cardinal
Development Group, 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 The Coves of North wood Meadows (referred to in this Development Contract as the "Plat"). The land
is legally described as shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
Plat and Develvpwent Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
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3. !lIGHT 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 QPP~vvals set forth in Resolution No. 06-039, dated March 20, 2006, QPP~oving the
Preliminary Plat for Northwood Meadows.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to app~vve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution app~vving 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 Develvpll~ent
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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 tenns of this Development Contract, the more specific or
stringent controls shall apply. The Plans are:
Plan A --
Final Plat Dated July 19, 2006 (prepared by BDM Consulting Engineers)
Plan B --
Final Grading, Development, and Erosion Control Planes) Dated June 26,
2006 (prepared by BDM Consulting Engineers)
Plan C --
Tree Preservation and Replacement Plans Dated May 12,2006 (prepared by
BDM Consulting Engineers)
Plan D --
Landscaping Plan Dated July 19, 2006 (prepared by BDM Consulting
Engineers)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements
Stamped "Approved by City Engineer" (Prepared by BDM Consulting
Engineers)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Stonn 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/Tree Replacement
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N. Wetland Buffer Signage
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 ap}JLvved
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. CONSTRUCTION OBSERVATION The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance
with the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
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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.
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES 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 comers and monuments.
SUBDIVISION MONUMENTS.
10.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
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City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
11. 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 fmal 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.
12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to per[vuu all work and inspections deemed
appropriate by the City in conjunction with the develvpulent of the Plat.
13. EROSION CONTROL.
A. Prior to initiating site grading, the erosion control plan 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 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
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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 38 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 B and 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.
14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
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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 38 shall not apply to notifications to the Developer under this paragraph.
15. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, develvplUent and
erosion control plan (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 comers and house pads. The City may
withhold issuance of building permits until the app~uved 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.
16. OWNERSHIP QF DEVELOPER INSTALL,ED IMPROVEMENTS. Upon completion
of the Developer Installed Improvements required by this DeveluplUent Contract; (1) 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.
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17. 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.
18. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to the current driveway off of Howard Lake Road.
No construction traffic is permitted on the adjacent local streets.
19. IMPROVEMENTS REOUIRED BEFORE IS8Jl~NCE OF BUILDING 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 (1) 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
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.
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20. CITY ADMINISTRA TION. 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 DevelvpUlent 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 llVUl 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 Develv1-'u~ent Contract.
21. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction and
City 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
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.
22. TRUNK STORMWATER ACREAGE CHARGE., The Developer shall pay a trunk
stormwater acreage charge of $48,267 for trunk stormwater improvements prior to the City signing the
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final Plat. The amount was calculated as follows: 17.30 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.
23. TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $95,150.00
shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat.
The amount was calculated as follows: 17.30 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.
24. TRUNK SANITARY SEWER ACREAGE CHARGE. A trunk sanitary sewer trunk area
charge of $52,592.00 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: 17.30 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.
25. STREET OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize
acreage charge of $85,116.00 for street oversizing improvements prior to the City signing the final Plat.
The amount was calculated as follows: 17.30 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.
26. 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.
27. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public Park 1
and Park 2 as shown on the Plat. This dedication, in combination with the dedication for The Villas of
Northwood Meadows and The Bluffs of Northwood Meadows satisfies the parkland dedication
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requirements for the Northwood Meadows Planned Unit Development, as approved by Ordinance No. 106-
05.
The Developer is responsible for grading, topsoil, turf establishment, construction of the trails, and
the construction of the parking spaces to the specifications provided by the City.
28. STREET LIGHTS AND OPERA TIONAL COSTS.. The Developer is responsible for the
installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed;
this includes poles, fixtures, underground wiring, and all appurtenant work. The Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer hlstalled hnprovements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the
City Engineer and in accordance with the Public Works Design Manual.
29. LANDSCAPING. hl accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two
(2) front yard trees on every lot in the Plat that does not already meet this requirement at the time of the
building permit. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of every structure on every lot prior to the issuance of the final certificate of occupancy. If this section
is to be satisfied by existing trees, a tree protection security ("escrowed funds") may also be required. If the
required landscaping is not installed, the City is granted a license to enter upon a lot and install the
landscaping using the escrowed funds deposited by the builder at the time the building permit was issued.
Upon satisfactory completion of the landscaping, the escrowed funds less any draw made by the City, shall
be returned to the person who deposited the funds with the City.
30. 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
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guarantee of $18,338.00 based on an amount equal to 125% of the estimated cost to furnish and plant the
replacement trees.
31. SECURITY. To guarantee compliance with the terms of this Develvpment 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 hnprovement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the form attached hereto as Exhibit B, from a bank for $1,050,609.00. The amount of the
Security was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer
Watermain
Storm Sewer
Streets/Sidewalks/Trails
Street Signs
Landscaping
Tree Preservation and Replacement
Erosion Control (submitted with grading permit #06-G-07)
$
$
$
$
$
$
$
$
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $
135,813.00
126,970.00
204,002.00
358,532.00
500.00
0.00
14,670.00
0.00
840,487.00
X 1.25
1.050.609.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
seven County Twin City Metropolitan area. The Security shall be for a term ending December 31,2007
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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
hnprovements 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.
32. REDUCTION OF SECURITY. 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 hnprovements 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.
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
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Page 14
Developer's registered land surveyor stating that all irons have been set following site grading and utility
and street construction.
33. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$374,768.00 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%) $ 33,619.00
City Construction Observation (5%) $ 42,024.00
Trunk Stormwater Acreage Charge $ 48,627.00
Trunk Water Acreage Charges $ 95,150.00
Trunk Sanitary Sewer Acreage Charges $ 52,592.00
Street Oversize Acreage Charge $ 85,116.00
Park and Trail Dedication Fee (if in lieu of land) $ 0.00
Sanitary Sewer and Water Connection Charge $ 18,000.00
TOTAL CITY DEVELOPMENT FEES $ ,374.768.00
34. WARRANTY. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty workmanship.
The Developer shall post warranty bonds in the amount of twenty-five (25%) of the improvements as
security. The warranty period for streets is one (1) year. The warranty period for underground utilities is
one (1) year. The warranty period on Developer Installed Improvements 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
1:\06 files\06 subdivisions\final\the coves of north wood meadows\coves final dev cont.doc
Page 15
construction identify the procedures for final acceptance of streets and utilities. These standards are set out
in the Public Works Design Manual.
35. 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 Develvpment Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to 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 ofless 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.)
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Page 16
36. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
37. 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 develvpment property;
(2) failure by the Developer to construct the Developer Installed hnprovements pursuant to the terms,
conditions and limitations of this Develupment 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
DeveluplUent Contract; (4) transfer of any interest in the Plat without prior written Q.pp~oval by the City
Council. (For the purpose of this paragraph 37) 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 DevelvplUent 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.
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Page 17
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 38 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Develvpment Contract.
2. The City may cancel or suspend this Develvpment 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 Develvpment Contract.
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots 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.
38. !,/OTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the
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Page 18
following: (1) the nature of the breach of the term or condition that requires compliance by the Developer,
or the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the
Event of Default; and (3) the time the Developer has to cure the breach or remedy the Event of Default.
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following
address: Cardinal Development Group, 3027 Knoll Ridge Drive, Prior Lake, MN 55372.. Notices to
the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City
by certified mail in care of the City Manager at the following address: City of Prior Lake, 17073
Adelmann Street, 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, 55402-4501.
39. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
40. NO THIRD PARTY RECOURSE.. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 39 shall apply to said actions.
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Page 19
41. 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
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.
42. RECORDING DEVELOPMENT CONTRACT. This Develv}J111ent Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within sixty (60) days of the City Council's approval of the Development Contract.
The Developer shall provide the City with a recorded copy of the Development Contract. The Developer
covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
property being final platted and/or has obtained consents to this Develvpment 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.
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Page 20
43. 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
standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (11x17 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.
44. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or develu}J111ent 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 Develv}lwent Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
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Page 21
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 Develu}1ment 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.
E. Interpretation. This Development Contract shall be int';'~p~eted 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 Develu}1ment 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 int';'~p~eting 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:
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Page 22
F. Jurisdiction. This DeveLr~",.ent Cu'u~aCt shall be governed by the laws of the State
of Minnesota.
l..1.I i OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVE~OPER:
By: ~J
Its: C J... ~ e: f-
(L /'
VV\c~c. ('.,.11.
I
By:
Its:
STATEOFMINNESOTA )
( ss.
COUNTY OF SCOTI)
The foregoing instrument was acknowledged before me ~ 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 &ta_lOO by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
COUNTY OF~ ~ ss.
~ t.~'''6Dwgj.ment. was admowl!'f!ged before me this 1ff"day of ,i1AA/ . 2OQk.
by t<1~?!()Ac.,~~ . U
1:\06 files\06 subdivisions\final\the roves ofnorthwood meadows \coves final dev ront.doc
Page 22
DRAruwBY:
city of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake. Minnesota 55372
~ .0fhfJ /~tJ---
Nul'ARY YubUC L
e CONNIE CARLSON .
NOTARYMLIC-IR&01'A
. My eom- 0 01 .......aI.2D1O
]:\06 fi]es\06 subdivisions\final\tbe coves of nortbwood meal ". , ,.; .coves fina1 dev cont.doc
Page 23
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
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 24
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
) which holds a mortgage on
the subject property, the develvpulent 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
STATE OF MINNESOTA)
( 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 Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\final\the coves of north wood meadows\coves final dev cont.doc
Page 25
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
. 'J which/who has a
contract purchaser's interest in all or part of the subject property, the develv}lment 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
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\final\the coves of north wood meadows\coves final dev cont.doc
Page 26
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EXHIBIT "A"
TO DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
~
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:
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,
c:OMSUllJMG ENGINiUlS" SURvtTOIrS
..........-...-. ... .)......
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=-:L~ ......
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----
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1:\06 files\06 subdivisions\final\the coves of north wood meadows\coves final dev cont.doc
Page 28
EXHIBIT "B"
SAMPLE IRREVOCABLE LEIIER OF CREDIT
No.
Date:
TO: City of Prior Lake
l6200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name ofDevelooer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
, dated
, 20-, of
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
(Address of Bank)
. on or before 4:00 p.m. on November 30,20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
L:\06 FILES\06 SUBDNISIONS\FINAL\The Coves of Northwood Meadows\coves final dev cont.DOC
Page 29
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERunCATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-17l4
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
~OVERAGE PROVIDED:
Operations of Contractor: YES
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Page 30
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:
$l,OOO,OOO 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 DEDUCllULES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF U1~ ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF llU.. ABOVE DESCRIBED POLICIES BE CANCELED BEFORE llU.. E:xr~TION
DATE TIU..REOF,utE ISSUING COMPANY WILL MAIL Itt1KTY (30) DAYS WRI11~N NOTICE TO
UtE PARTIES TO WHOM IttlS CERIUICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
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Page 31
E~JJsIT"D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
THERE IS NO OVERSIZING INCLUDED IN THIS CONTRACT.
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Page 32
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
OC&-\"J'\
JUL 19 2fJOfi
Enebak
1 Glllding Mobili7.ation LS 1 $0.00 $0.00
2 Oear & Grub AC 2.13 $3.'00.00 $7,455.00
3 Remove Existing Gravel & Dirt Driveway. Gale. & Culvert LS 1 $'00.00 $500,00
4 Remove BilWninous Pavement SY 600 $4.00 $2,400.00
5 Remove Fence LF 740 $ 1.50 $1,110.00
6 Remove Retaining Wall LF 52 $10,00 $620,00
7 Heavy Duty Machine Sliced Sill Fence (1'&1 and maintain) LF 3200 S2.25 $7,200.00
6 Standard Machine Sliced Silt Fence (1'&1 and maintain) LF 2200 $1.30 $2.860.00
9 Common Excantion (P)(EV) CY 93500 SI.51 $141.185.00
10 Subgradc Excavation. field measured (EV) CY 15000 S1.75 $26,250,00
11 SeediFectiJim1Mulch (Seed Mixture 190) AC 15.3 $450,00 $6,885,00
12 SeedlFectiJizerlMulch (Seed Mixture 250) AC 2.62 $450.00 $1.179.00
13 SeedlFectilizerlMulch (Seed Mixtute 270) AC 0.3 $650.00 $195,00
14 SeedlFerlilizerlMulch (Seed MLxtute 310 - Wetland Butler Strip) SY 2200 SO-SO $1,100,00
15 Respre8d Salvaged Topsoil (6" CV) CY 14800 SO.7S $11,100,00
18 Rock Constroction Entrance (1'&1 and maintain) LS 1 $1.000.00 $1,000.00
17 Erosion Blanket (Category 3) SY 12700 $1.35 $17,145.00
18 6" Bin-Log Swale Check LF 480 $3.50 $1.610.00
19 Wetland Buffer Sipage EA 6 SIIO.OO $660.00
20 Erosion Control (aU SlJUCture devices alld maintellance) LS 1 $10.000,00 $10,000.00
21 Temporary Scodins/NPDESRequitements LS 1 $2,500.00 $2.500.00
22 NPDES Pennit Compliance with Requirements & Erosion Control LS 1 $1.00 $100
23 Temponuy TraffIC Control LS 1 SI.00 $1.00
Subtotal Schedule A: $242,858.00
lU~~@~a\!J~~'
m JUL 19 2006 .J,
Sy__ I
._~
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Page 33
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
24 Utility Mobilization LS 1 $0,00 $0,00
25 8" PVC SDR 35,0'-10' Depth LF 217 $21.00 $4,557.00
26 S" PVC SDR 35,10'-12' Depth LF 590 $23.00 $13,570.00
27 8" PVC SDR35, 12'-14' Depth LF 629 S25.00 $15,n5.00
28 8" PVC SDR35. 14'-16' Depth LF 158 S27.00 $4,266,00
29 8" PVC SDR 35, 16'-18' Depth LF 129 S56.70 $7,314.30
30 8" PVC SDR 26, 18'-20' Depth LF 147 SS7.7S $8,489.25
31 S" PVC SDR 26,20'-22' Depth LF 211 SS7,75 $12,185.25
32 S" PVC SDR 26,22'-24' Depth LF 101 557,75 $5,832,75
33 8" DIP CLASS 52 LF 20 $31.30 $628,00
34 4" PVC SDR 26 Setvice Pipe-All Depths (with 10 gauge tracer wire LF
and box) 1800 SI1.75 $21,150.00
35 4" PVC SDR 2(i Riser Pipe VI' 180 SI3,75 $2,200.00
36 S"x4" SDR 26 PVC Service Wye EA 40 S95,OO $3,800.00
37 Sanitary Sewer Manhole (('(-10' Depth), Incl. Casting EA 12 $2.000,00 $24.000.00
38 Sanitary Scwer Manhole Extra Depth {> I O~ VI' 55.8 SI00,OO $5,580.00
39 Outside Drop Section VI' 11.9 $210.00 $2,499.00
40 Sanitary Sewer Test & Televising (Includes Air & Mandrel) LF 2194 $0.92 $2,018.48
41 Connect To ExistinS Sanitary Sewer Main EA 1 $2.000.00 $2.000.00
Subtotal Schedule B: $136.813.03
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Page 34
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
41 6" DIP CLASS 52 LF 914 $23,00 $21.022.00
43 8" DIP CLASS 52 LF 1132 $26,60 $30.111.20
44 Fire HydrlUIt Auembly (w/6" Gate Valve) BA 6 S2. 720.00 $16.320.00
45 DIP YtUings LB 3230 $3,95 $12.758.50
46 I" Corporalion Stop BA 40 $72.50 $2.900,00
47 I" Cum Slop &; Box EA 40 $ 120.00 $4.800.00
48 I" Copper (Type K) Sen'ice Pipe LI' 1930 $15.10 $29,143,00
49 6"GlIteValve&;Box BA 2 $950,00 $1,900,00
50 8" GlIte Valve &; Box FA 3 $1,235,00 $3,705,00
51 Conned to Exilting Watamain BA 1 $685,00 $885,00
52 WIIermlIin Test (Inellldes fly " .....: ~ &; Condudivity) LF 2050 SO.50 $1,025.00
53 4" RIGID INSULA nON SF 520 $5.00 $2,600,00
Subtotal Schedule C: 5116.969.70
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Page 35
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
54 IS" RC Pipe Sewer (Class 5) LF 1759 $27 .2S $47.932,75
55 IS" RC Pipe Sewer (Class S) LF 356 130.35 $10.804.60
56 24" RC Pipc Sewer (Class 3) LF 205 136.15 $7,410,75
57 27" RC Pipc Sewer (Class 3) LF 27 $41.15 $1.111,05
58 36" RC Pipc Sewer (Class 3) LF 458 $71.60 $32.792.80
59 IS" RC Pipc FES WITrash Guard EA 1 S734,OO $734.00
eo IS" RC Pipc FES WITrash Guard EA 1 S790.00 $790,00
61 27" RC Pipe FES WITrash Guard EA 1 SI.310,OO $1.310,00
62 36" RCPipe FES WITrash Guard EA 2 SI.866.00 $3.732.00
63 24"1136' Caleb Basin. Inel. Casting EA 7 SI.495,OO $10.465,00
&4 4S" Caleb Basin Manhole (0-10' Depth). Inel. Casting EA 17 $2.110,00 $35,870.00
65 48" Caleb Bosin Manhole (Ex1rlI Depth) VY 1,5 S 109.00 $163.50
66 48" Storm Sewer Manhole (0- 10' Depth). Incl. Costing EA 5 $2.110,00 $10,550,00
67 48" Storm Sewer Manhole (Ex1rlIDepth) VF 5.5 $109,00 $599.50
66 60" Caleh Basin Manhole (0-1 (1 Depth).lnel. Costing EA 1 13.000.00 $3,000.00
69 60" Caleh Basin Manhole (Extra Depth) VF 3.5 $135.00 $472.50
70 60" Storm Sewer Manbole(O-H1 Depth),lnel. Costing EA 2 13.000.00 $6,000.00
71 60" Storm Sewer Manhole (Extra Depth) VF 4.9 $495,00 $2,425.50
72 72" Diameter Catch Bosin Manbole (0-1 0' Depth). Incl. Casting EA 1 13.1120,00 $3.820.00
73 84" DiamelerCatcb Basin Manbole(O-IO' Depth), Incl. Casting EA 1 55.000.00 $5,000.00
74 84" DiamcWr Caleb Bosin Manhole (Extra Depth) VF 5.5 S245.00 $1,347.50
75 Pond Outlet Conlrol Structure EA 1 $1.800.00 $1,800.00
76 Random Riprap Class III wlFabrie CY 98 $65.00 $6.370.00
77 Bio-flItrotion Gardens (inel. common excavation, scarification, EA 6
Jll1Ivel and rock relentionllllllerial, 8" COJTIl8lIted HDPE draintiJe,
enginccJ'lld soil mixture. seeding and maintenance) See Detail Sbeet
n-7 $1,233.50 $7,401.00
78 4" HOPE Drain Tile (Socked) LF 300 $7,00 $2,100.00
Subtotal Schedule 0: $204,002.45
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Page 36
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
79 Street Mobilization LS 1 573S.00 573S.00
80 Subsrade r . 'r...~on (Includes Test RoJl) Sy 9350 SO.5S $5.142.50
81 24" Select GranularBorrow - MnDOT3149B2 SY 9350 511.30 $105.655.00
82 6" Class 5 HJO"A. Crushed MnDOT 3138 SY 9100 $4.70 $42,nO,oo
83 2.5" Bituminous Non-Wear Course-StreelsMVNW35035B SY 7750 $6.20 548.050.00
84 Bituminous Ma1mial for Tack Coat (MnDOT 2357) Gallon 460 $2,63 51.209.80
85 I oS" Bituminous WearCourse-Streets MVWE3503SB SY 7750 $4.20 $32,550.00
86 Concrete Curb and Gutter (Design Sunnountabie) LF 3435 $8.72 $29.953.20
~ Concrete Curb and Gutter (Design B6IS), CD's & Radii LF 620 $12.60 $7.812.00
88 3' Concrele Valley Gntter (incl. wedse) LF 29 $15.75 $456,75
89 Adjust Valve Box FA 4 $341.25 $1,365.00
90 Adjust Manhole Castings (Base & Wear Course) FA 11 5367,50 $4,042.50
91 Backfill Curb & Gutter and Grade Boulevard w/Seeding behind sod LS 1 57.500.00 $7.500.00
92 6" Concrele Sidewalk wI 5" Sand Base SY 825 $43.22 $35.856.50
93 Sodding Type Lawn - Highland (3' Behind Curb & EOF Swales) SY 3300 $3,00 $9.900,00
84 Pedestrian Curb Ramps - Sidewalk (wI AggrepteBase) EA 3 5315.00 $945.00
85 Pedestrian Curb Ramps - Trail (wI Aggre8llteBase) EA 1 5341.00 $341.00
96 Sawcut Existing Bitnmillous LF 32 $3.00 $98.00
97 6" Class 5 100% Crushed MnDOT 3138 for Bil. Path (P) SY 711 $8.20 $5.830.20
86 U" Bituminous WearCoulW- Tnills L VWFA5030B SY 711 $7,04 $6,005,44
99 205" Bituminous Non-Wear Course-TrailsL VNW35030B SY 711 $9.98 57,095.78
100 F&14" PVC Small UtiiityCrossingConduit(Schedule40) LF 450 57.00 53.150.00
101 4" Blue Line, Solid - Epoxy LF 38 50.4 51915.20
102 6" White Line, Solid - Epoxy LF 135 6,9) $935.55
103 Handicap Pavement Message - Epoxy EA 1 $420.00 $420.00
Subtotal Schedule E: $358.532.42
Total Schedule A $142.856,00
Total Schedule B $135.813.03
Total Sohedule C $126.969.70
Total Sohedule D 5204.002.45
Total Sohedule E $358,532.42
Total $1.068.173.60
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Page 37
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
IPRELIMINARY COST ESTIMATE l
ITHE COVES. PRIOR LAKE, MINNESOTA
I
IPre..... bv:
IDIM:
(
I UNIT
ITEM UNIT PRICE
\PLANTINGS . STREET AND I'ROIff 'ii4'iii:J:'Hi.. ." ..'GUlNDl
Ic.nopy fi'_ -In'''lIed sa '* plen r..' $425.00
: I
IPLAImNG8 . MlTlOAnON R&I'l.ACl!IIENTa f31IU!GUlftEDI
IClnoiw r_ -li1lisMed .1 _1lI11l l" 1425,00
IEL c.'" T_ - IlIIlaIled II e!t!!,l8n II 1270,90
J umarnemall:HVUDe - ml181MIQ II per polin .. 135,00
I
I
I
I
I
I
I
I
"n~ Waclbr e..aIY. Inc.
OIIlIMIe
QTY. TOTAL
88 $37,400
TOTAl, 'al,4W
2ll $11,050
ii, $143OJ
34' $1,liil
TOTAL' $;4,e7~
I SUbCotlll
10% Contl!!9enc'/
I TOTAL.
$li2,07ll
$5,2b1
$&."lf,
Page 1 of 1
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Page 38
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment oftitle 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: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" 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 December 5, 2006, will render the
final plat null and void.
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