HomeMy WebLinkAbout5F - Villas of Northwood Meadows
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~~D Maintenance Center
bO~ 17073 Adelmann Street S.E.
U t'1 Prior Lake, Minnesota 55372
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
SEPTEMBER 5, 2006
5F
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR THE VILLAS OF
NORTHWOOD MEADOWS
Introduction
Donnay Homes, Inc., has filed an application for approval of a final plat to be
known as The Villas of Northwood Meadows. This plat is the second phase of
the overall Northwood Meadows development, since the utilities must be
extended through the Coves of Northwood Meadows to serve this
development. It is located east of Northwood Road and Knoll Ridge Drive, and
west and north of Spring Lake Regional Park. The plat consists of 10 acres to
be subdivided into 20 lots for single family homes.
Historv
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 Poppler 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.
www.cityofpriorlake.com
Phone 952.440,9675 / Fax 952.440.9678
ISSUES:
FINANCIAL
IMPACT:
AL TERNATIVES:
RECOMMENDED
MOTION:
Re~J: f
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 Villas of Northwood Meadows consists of approximately
10 acres to be subdivided into 20 lots for single family dwellings, and 3 outlots
for park purposes.
Staff has reviewed the final plat and finds it to be in substantial compliance
with the approved preliminary plat.
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 $544,741.00
for the construction of the public improvements. It further specifies
development fees of $143,835.00 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.
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.
The City Council has the following alternatives:
1. Adopt the resolution with conditions approving the final plat and
Development Contract for The Villas 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 .
1. A motion and second to adopt a resolution approving the final plat and
Development Contract for The Villas 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 Villas 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 Villas 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 Villas of Northwood Meadows" is approved subject to the conditions set forth
in this resolution.
3. The final plat of "The Villas 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
Haugen
Dornbush
I Erickson
I LeMair
I Millar
Hauf.len
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
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Phone 952.440.9675 / Fax 952,440.9678
DEVELOPMENT CON .KAL 1
1.tlE VILLAS OF NOR.tt WOOD MEADOWS
PROJECT #06-133
This DEVELOPMENT CONTRACf is en~....;.d into this 5th day of September, 2006, by and
between the \....1.1 i OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Northwood
Meadows, L.L.C., a Minnesota Cmporation (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 appiV..e a Plat
for The Villas 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 ap}inNes 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 app.vt'es the fmal Plat.
r
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3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all
the following conditions have been satisfied: 1) this Development Contract has been fully executed by both
parties, 2) the necessary security, development fees and insurance have been received by the City, and 3) the
City Engineer or Designee has issued a letter that all conditions have been satisfied and that the Developer
may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply to grading or
other applVvals set forth in Resolution No. 06-039, dated March 20, 2006, approving 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 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.
s. PRRT1MTNARY 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 applVved 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 Develvp11lent
c
Contract, but are incorporated by reference and made a part of this Development Contract as iffully set forth
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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 3, 2006 (Prepared by Egan, Field & Nowak, Inc.)
Plan B --
Final Grading, Develv}lUlent, and Erosion Control Planes) Dated June 29,
2006 (prepared by Terra Engineering)
Plan C --
Tree Preservation and Replacement Plans Dated July 19,2006 (prepared by
Terra Engineering)
Plan D --
Landscaping Plan Dated July 19, 2006 (prepared by Terra Engineering)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements
stamped "Approved by the City Engineer" (prepared by Terra Engineering)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTA I.I.ED IMPROVE~. 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
J. Street Signs
K. Setting of Iron Monuments
L. Sidewalks and Trails
M. Landscapingffree Replacement
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
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Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for a}l}llVval by the City Engineer. The Developer shall obtain all
necessary permits and ap}J<U v'als 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 I, 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. CONSTRUCTION OBSERVATION The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance with
,I
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, watennain, 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 p<"paration of as-built
record plans.
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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.
10, SUBDIVISION MONUMENTS The Developer shall install all subdivision
monumentation within one (1) year flu... the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs first.
At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the City
Engineer written verification by a registered land surveyor that the required monuments have been installed
throughout the plat.
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 final wear
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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, 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.
13. EROSION CONTROL.
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.
Alternative stabilization methods, such as the use of mulch blanket, may be used as stabilization, if
I
approved by the City. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and schedule or supplementary conditions
imposed by the City, the City may take such action as it deems appropriate to control erosion. The City
will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developer's and City's rights or obligations hereunder. The Developer shall be solely
responsible for any costs incurred by the City for erosion control measures. The Developer shall fully
reimburse the City for any cost incurred within ten (10) days of the date of the City's invoice. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days,
the City may, without further notice to the Developer, draw down the Irrevocable Letter of Credit to pay
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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 39 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 time line 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.
14. CT.1?AN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer does
not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of the
invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any costs
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incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in Paragraph
39 shall not apply to notifications to the Developer under this paragraph.
15, GRADING PLAN.
A. The Plat shall be graded in accordance with the appnJved grading, development and
erosion control plan(s), (plan B). The plans and work shall confonn to the requirements set forth in the City
of Prior Lake Public Works Design Manual.
B. As-bullts, 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 pennits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as detennined 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 OF DEVELOPER INSTALI.ED IMPROVEMENTS. Upon completion of
the Developer Installed Improvements required by this Development 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.
17. STREET MAINTENANCE. Developer shall be responsible for all street maintenance until
final written acceptance by the City of the Developer Installed Improvements. Warning signs and detour
signs, if detennined to be necessary by the City Engineer, shall be placed when hazards develop in streets to
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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 existing driveway off of Howard Lake Road.
No construction traffic is permitted on the adjacent local streets.
19. IMPROVEMENTS REQllTRRD BEFORE ISSUANCE OF BllTLDING PERA2l.M,
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 (l) 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.
20. t.,11 ~ ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and its
Engineer on the status of or problems regarding the development of the Plat, project monitoring during the
warranty period, processing of requests for reduction in security, and any consulting or legal fees incurred
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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.
21. en:t 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 STORMWAld ACREAGE CHARGE. The Developer shall pay a trunk
stormwater acreage charge of $14,871.00 for trunk stormwater improvements prior to the City signing the
final Plat. The amount was calculated as follows: 5.3 acres at $2,790.00 per. This charge was determined
by the Trunk Storm Water Fee Study adopted by City Council Resolution # 05-18 on January 18,2005.
23, TRUNKWA11!.RACREAGE CHA.RGE. A trunk water acreage charge of$29,315.00 shall
be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat. The
amount was calculated as follows: 5.33 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.
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24. TRUNK SANITARY SEWER ACREAGE CHARGE. A trunk sanitary sewer trunk area
charge of $16,203.00 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: 5.33 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 $26,224.00 for street oversizing improvements prior to the City signing the final Plat. The
amount was calculated as follows: 5.33 acres at $4,920.00 per acres. This charge was detennined by the
Transportation Plan Fee Study adopted by City Council Resolution #05-18 on January 18,2005.
26. SANITARY SEWER AND WAHt.R 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: ISO' at $120.00 per
front foot.
27. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public the Park
and Outlot A as shown on the Plat. This dedication, in combination with the dedication for The Coves of
Northwood Meadows and The Bluffs of Northwood Meadows satisfies the parkland dedication
requirements for the Northwood Meadows Planned Unit Development, as appaJved by Ordinance No. 106-
05. The Developer shall provide the City with a warranty deed for Outlot A prior to the City signing the
fmal Plat.
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. The Developer is granted a
license to enter upon the Park and Outlot A to construct and install the above improvements.
28. STREET UGnl..; AND OPERATIONAL COSTS, The Developer is responsible for the
installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed;
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this includes poles, fixtures, underground wiring, and all appurtenant work. The Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the City
Engineer and in accordance with the Public Works Design Manual.
29. LANDSCAPING. In accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two (2)
front yard trees on every lot in the Plat that does not already meet this requirement at the time ofthe 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 PRE,~ERVATlON AND REPUCRMRNT. 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 of $11 ,813 .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 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, HulU a bank for $544,741.00. The amount of the Security was
calculated as follows:
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DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $
Watermain $
Storm Sewer $
Streets/Sidewalksffrails $
Landscaping $
Tree Preservation and Replacement $
Erosion Control (security submitted for Grading permit #06-G-06) $
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
TOTAL FOR IRREVOCABLE LEI IJ!.R OF CREDIT AMOUNT
$
80,821.00
57,550.00
139,115.00
148,857.00
0.00
9,450.00
0.00
435,793,00
X 1.25
544.741.00
This breakdown is for historical ref"."uce; 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
1:\06 files\06 subdivisions\final\villas of north wood meadows\villas final dev cont.doc
Page 13
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 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.
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.
33, Cl.ll' J}EVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$14,835.00 for City Development Fees. The amount of the cash fee was calculated as follows:
"'~.l i DEVELOPMENT FEES:
City Administration Fee (4%)
City Construction Observation (5%)
Trunk: Stormwater Acreage Charge
Trunk Water Acreage Charges
$
$
$
$
17,432.00
21,790.00
14,871.00
29,315.00
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Page 14
Trunk Sanitary Sewer Acreage Charges $ 16,203.00
Street Oversize Acreage Charge $ 26,224.00
Park and Trail Dedication Fee (if in lieu of land) $ 0.00
Sanitary Sewer and Water Connection Charge $ 18,000.00
TOTAL L.l.l i DEVELOPMENT FEES $ 14.835.00
34, WARRANTY. The Developer warrants all Developer Installed Improvements required to be
constructed by it pursuant to this Develv}lment 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 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 Development Cvut.act 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,
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas fmal dev cont.doc
Page 15
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. ~47l.425, Subd. 4a.)
36. RE~PON..~m1L1TY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred by the City to enforce this
Development Contract, including engineering and attorneys' fees. The City shall provide the Developer
with copies of invoices submitted to the City for payment.
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.
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Page 16
A. Dermition. 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 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 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 DevelvpUJent 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 39 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 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 DevelvpUJent 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
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas final dev cant.doc
Page 17
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 ofthe 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. NOTICES. Whenever any paragraph in this Development Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice shall include the
following: (1) the nature of the breach of the term or condition that requires compliance by the Developer, or
the Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy the
Event of Default; and (3) the time the Developer has to cure the breach or remedy the Event of Default.
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following
address: Northwood Meadows, L.L.C., 9705 63rd Avenue North, Maple Grove, MN 55369. 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,
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Page 18
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. INDEMJIv~lIlCA.TION. 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 '''p,,,,sentatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
40, NO .In.,,b PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 40 shall apply to said actions.
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
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Page 19
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, RECORDIljpDEVELOPMENT CONTRACT. This Development Contract shall run with
the land. The Developer, at its sole cost and expense, shall record this Development Contract against the
title to the property within sixty (60) days of the City Council's applVval 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 plVperty; 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.
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 (I) reduced (llx17 inch) copy
shall be certified and submitted to the City.
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Page 20
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. MISCELI.ANEOUS,
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 Develvpment 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 applVved 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.
E. Interp...;,...tion, This Develupment 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
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Page 21
inserted for convenience of reference only and shall be disregarded in constructing or ink.l}ll ci.~ng any of its
prOVIsIons.
F. Jurisdiction. This Development Contract shall be governed by the laws of the State
of Minnesota.
~.1.l i OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVElN~An
By: \ - / ~~~~
Its: Pr-;,..J,f1, f v r I~
v
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF t'i:.: .;o1::l ) ft<'M{ f'~
The foregoing instrument was acknowledged before me this -'Sf! day of k{ J . 20_, by
Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF JJ~lIl1tPl'J.. )
,
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Page 22
The foregoing instrument was acknowledged before me this _1f e day of ~,.. , j-
P"-",,I J &""",,-y Pro N"rti..loJv".J,/f},..J/ZJaI( LL( .
, ~/
NOTARY PUBLIC
by
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
ANTHONY L. WESTRUM
Notary Public
Minnesota
My Commission Expires January 31, 2010
.
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas final dev cont.doc
,206t,
Page 23
IfEE OWNER CONSENT
TO
DEVELOPMENT CO~lKACT
IVC.tJ..WhJ M~t-..jl/w511Lr. . fee owners of all or part of the
subject property, the develupUlent of which is governed by the foregoing Development Contract, affinn 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 25t~ day of A"',}/..jf . 20 tit
C-:~'_J:?/~7
}Jfj.-l1wu4lJ~J,wJ', L ((
,
STATE OF MINNESOTA
)
( ss.
)
COUNTY OF /fell" till'"
by
The foregoing instrument was acknowledged before me this :l.>t: day of
Plio-hI \f h"'^"~7 J.l1/,-fj>voJ~' j I!... LVoJ'> 1 L (. Pro..
ANTHONY L. WE~TRUM
Notary PublIC .' ~
Minnesota . . ~ -./ ~ .
MyCommissionExPiresJ81l1I1ry31,2010 1 NOTARyPlJBLIC
A~....sf
./
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas final dev cont.doc
, 20 t't .
Page 24
MORTGAGEE CONSENT
TO
DEVELOPMENT COl'r J.KACT
, which holds a mortgage on
the subject plUperty, the development of which is governed by the foregoing Develupment 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
DRAt' IJ:ill BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 25
CO~lt<ACT PlJKCHASER CONSENT
TO
DEVELOPMENT CO~lt<ACT
, 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
DRAl'lhUBY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas fmal dev cant.doc
Page 26
J!.A1uDJ.J. "Aft
TO
DEVELOPMENT CONTRACI'
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Tide Sheet:
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VILLAS OF NORTHWOOD MEADOWS
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.. ......:.m.:=..~MifYOIIillrI' ua
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VICINITY MAP
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!H A!J6 3 2006
~ .....-
EGAN, FJELD, & NUWAJ(, INC.
Page 27
.r.AI1.lDll"B"
SAMPLE IRREVOCABLE LE. ..l!JR 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 ofDeveloner) 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) II.
, 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,
l6200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-l714, 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\tinal\villas of north wood meadows\villas final dev cont.doc
Page 28
.lWU::UDll "C"
SAMPLE CERllJ41CATE OF INSURANCE
PROJECT:
CER.lU.lCATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-17l4
INSURED:
ADDmONAL INSURED: City of Prior Lake
AGENT:
WORKERS' CO~uJW..SATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABn..ITY:
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
COVERJ\QE PRQYlOED:
Operations of Contractor: YES
1:\06 files\06 subdivisions\final\villas of north wood meadows\villas final dev cant.doc
Page 29
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed OperationslProducts: m
Contractual Liability (Broad Fonn): YES
Governmental Immunity is Waived: YES.
Property Damage Liability Includes:
Damage Due to Blasting m
Damage Due to Collapse .YES
Damage Due to Underground Facilities YES
Broad Fonn Property Damage m
AUTOMOBILE UABILITY:
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 DEDU'-J..lDLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF
J.J:1J!. ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF J.D.J!. ABOVE DESCRIBED POLICIES BE CANCELED BEFORE J.D.J!. EXrJ..t\A.TION
DATE J.J:1J!.REOF,.lD.J!. ISSUING COMPANY WILL MAIL J..D.JATY (30) DAYS WRu J..l!.J.iNOTICE TO
uu!. PARTIES TO WHOM J..DlS u!.A.l.l.J.4J.\';ATE IS ISSUED,
Dated at
On
BY:
Authorized Insurance Representative
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas fmal dev cant.doc
Page 30
J!.An.1.D.1.1 "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
THERE IS NO OVERSIZING INCLUDED IN THIS DEVELOPMENT CONTRACT.
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas fmal dev cant.doc
Page 31
.l!.AnlD.U "E"
TO
DEVELOPMENT CONTRACT
ESTIMA.l.l!.JJ CONSTRUCTION COSTS
fOEB81S CODSTRlk.. '.on COl'JP8DY
P.O. 80"458 . No_d. Mlnneaota 55057 . 507.645.8t6:a 612.333.1307
Vlllas@ Northwood Meadows
May 111,200ll
PRIOR LAKE, MN
ENEBAK'S PROPOSAl IS BASED ON THE FOllOWING DESIGN DOCUMENTS:
GRADING PlAN DATED:
UTILITY PLAN DAlEO;
SmEET PLAN DATED:
05103105
05103/06
05103106
PLANS BY :
TERRA
ITEM DESCRIPTION
srrE GRADING
PRICE
$131,120.98
$80,821.25
SANITARY SEWER
WATERMAIN
$57,550.50
STORM seWER
$139,114.75
$148,856.60
S557.484,.;!!
SmEETS
GRAND TOTALm m
NOTES: 1.) SEE ATTACHED BREAKDOWN FOR UNrr PRICES
J C<<<1
THIS PROPOSAl. MAY ONLY BE ACCEPTED IF SIGNED BY OlMER'S AUTHORIZED REPRESENTATIVE AND RECEIVED BY
ENEBAK WITHIN 30 DAYS OF THE PROPOSAl DATE
ACCEPTANCEBY: DONNAYHOMES
ENEBAKCONS~~PAJJ,,/ ,"
BY;~ r/~ V' .J.'
m :,._ <J,......
DATED:'" ~ J~
/ /
BY:
ITS:
DATED:
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DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
6111l12llO8, 8:34 AM
Grading Propaul-_
UNIT UNIT
TEll DESCRIPTION OUANTlTY MEA$ PRICE
IILTFENCESTANDARO &.001.00 LF $1.30
:OMMON EXCAVATKlN .42.078.00 C'( $1.61
IUBGRADE CORRECTI9!:!~ed Bel..., 1') i~,oo CY $1,75
IEED 6 MJlCH IMnOoI508) 14.00 ACRE $450.00
:LEAR 6 GRUB 1.00 ACRE &3,600.00
'OPSOll RESPREAD 4.183.00 CY SO.75
tOCK ENTRANCE 1.00 Ell 51.00
\BANDONSEPTIC &Cl~~"""\ 1.00 La 1420,00
)EAl. ""'~ !l:!" .vEIJ.S JAMumea One) 2.00 EA 51.207,1l()
~MO\IE EXISTING BUIlDINGS 1.00 LS S23.722M
::oNS1RUCT INFILTRATION MEA IElccIIYN 0lM 1.00 ~ iSAoo
~ FLTER AGGREGATE (f!t 1rIIntIon, TON 525.00
I'IRESHREDS ~J!oln lor 1nIiltIa1ion~ 1.l1117,OO CY.LV 16.00
reo.- ~'... ..., .sEEDING fNPDES REOUIREMENT8\ 1.00 is 11.000.00
\IPDE8 PERMTca.A.1ANCF wi REOUIBi- .,....~ 1.00 LS &1.00
TOTAL
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TOTAL
$131.120.98
PAGE 3
se,601.30 1
$83.637.751
58.750.001
H~oo
$3,50000
$3,,137.251
. 11.001
1420.001
52.415.00 I
=722.851
&3.500.00 I
1
18.335.00 1
11.000.001
&1.001
I
1
I
I
I
I
I
iJ
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DEVELOPMENT CONTRACT
ESTIMA.lJ!.JJ CONSTRUCTION COSTS
-511912006.8:33 AM
PIpe Proposal VIllas 4) NoI1tMoocl Meadows,
PLAN DATf!
SANITARY SEWER
WATERMA1N
STORM SEWER
MISCL
$
$
$
$
80,821.25
67,560.50
139,114,75
:> 271,486,50
INCLUSIONS
EXTERNAl.INFRA-8H1ELDS
""" ,......oIAL JOINT WRAP
~Kg.u..$!Of:ii
WlMCO EROSIONBA....""...
PAY DEPTH FOR SEWER PIPEoUl FROM INVERT TO FINISHED GRADE
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ESTIMATED CONSTRUCTION COSTS
0I1W~UUOt 0.""'" I'\M
t ... . .....~4 ..-. W ,"""u..,,'^""
Santtary Sewer
UNIT
QUANTITY idEAS
,."o;,JLo ..
ITEM DESCRIPTION
I
18 PVC SQM! 20"-22"
18" PVC SDR28 22'-24'
18 PVC ......!:-'-.l' 24-26'
14" PVC SDR2$ SERV PIPE & BOX
14" PVC SDR28 RISER PIPE
18"X4"PVC SER\IlCE WYES
'ISAN MANHOLE 0'-12' WlADJUSTS
1EXTRA oePfH MH OVER 1X
I~K F9JJNOATlON MAT~IAL
ISANITARY SEWER TEST & TELEVISE
I
UNIT
PRlCE
TOTAL
100,00 LF
115,00 LF
810.00 LF
1130.00 LF
280.00 LF
20,00 EA
3.00 . EA
40.00 iIF
200,00 CY
750.00 LF
557.75
557.75
$5H5
$11.75
513.75
$95,00
52.200.00
5100.00
$22.00
52.l1O
55.]75.00
$6~1.251
$35227.so1
$10.lI27.50 I
53,850,001
$1,900.00
$6,600,00
$4,500,00
$4,400.00
:51.500.00
TOTAL
$80,821.25
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DEVELOPMENT CONTRACT
atlll/2OOl1. .:33 AM
ESTIMATED CONSTRUCTION COSTS
,...,.....1..,,-. "_.W.."II4,__
Wa\efmain
0UANmY
~S.GO
lI4O.GO
lI3O.GO
2O.GO
20.00
1.00
1.4j!I!
MO
no.2':l
1l1O.GO
1.00
UNIT
-
I.F
iF
IF
EA
I.F
EA
~
EA
~
..s
"""
PRICE
S21.lKl
S2UO
'15.10
fTUO
ll:j!!,Oll
S2.7Zl.GO
11-2ll5.00
..00
13.115
p.oo
15llO.lKl
TO/AI.
1:\06 files\06 subdivisions\final\villas of north wood meadows\villas final dev cont.doc
TOTAL I
II ~S.OOI
~.ool
'1~'!l43,001
11.450.00
RAl!!l.lKl1
$ll.I80.oo
!1W.OO
~!.SMO
~-H3~
1860.00
I5llO,GOI
I
I
I
S87,,11lIlUII
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DEVELOPMENT CONTRACT
31IW..I:UUtJ. "':~-"'M
ESTIMA.1.r..v CONSTRUCTION COSTS
"'''''''-'1:0
UDfn~pnON
12"R.... "'"'"
118" RCPCl5
130" ~<;:P Cl5
14" HOPE COM CRAIN TilE
18" HOPE COM CRAIN TILE
18" Hi5P'E SOLlO FOR POND
18" FES WrrG
30" FES WrrG
4. PVC SMAll UTILITY CROSSINGS
24"X38" CATCH BASIN
i48. CIA 81M MH WlINFRASHIELO
54" DIA 81M MH WfINFRASHIElC
148" C8MH WnNFRASHlELD
60" CElMH WnNFRASHlELD
48" C8MH EXTRA DePTH
60" C8MH EXTRA DEPTH
54" CBMH EXTRA DEPTH
48" iliA POND OUlET STRUCTURE
RIP RAP Cl3
....... r.~ 'W".-o ~ .....,...,~ ,.....uuw..
Storm S--
UNIT
MEM
LF
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
LF
LF
LF
LS
Cy
UN"
PRICE
$27.25
$30.35
fllO.oo
$7,00
$7,75
$7.75
$790,00
$1,450.00
$350.00
$1,.495,00
$2.110.00
$2.660.00
$2';';0.00
S3}loo.oo
$109.00
$135.00
$128.26
$1.BOO.00
$65.00
QUANTITY
35
336
1165
230
425
35
1
1
2
1
~I
3
1
50
5
7
1
35
TOTAL
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas final dev cont.doc
TOTAL
$953.75
$10,167.25
$93,200.00
$1.610,00
$3.293.75
$2h25
S790.OO
$1.450.00
$700,00
$1.495.00
$2.110,00
$2.060.00
$6,330.001
13.000.00 .
$6,450.00
$675.00
$883.75
$1.800,00
$2275.00
I
I
I
$130.114.75,
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DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
6'18121>>$.8:35 AM
~'l!:l!l,,'r./l
:........... ~L/lA'lON
,S(iijRAi5~ rf...,.jllatION
!l~!Jl~~JMnooI2331, T'I"".'AI
'I.A.9K",- Qil!~~
12E!1'!~~.__ .2331\TYPE1I1Bl
fl"CL41QO%CRuww:u 313l1l
124' &eLECT oRA'NiJiAft - IIMDolI
IC'oNcN!fEwflU'G J(~,:ml
i!9QfijI.j. !~Y.
SEED a MULCH Ill.VD 1'1lO MlXl
5' X II" SIOl:WALK ... GRANULAR BEDDING
i'sii'.;Af' ffii23ii. i'YPE4iA_ct.-li(
io' BIt..." ll'lTlmS1. tYPE.,AwJrCL-li1
PeDEstWi' RAW
EROSION BLANI<ET & SEED (~ __I
ADJUST GAfe V'ALVe !3ox
'I\llJU5TCATCH 11NG
;.omt ~Le
IJAd(fji.L CURB I
_ Prop....l. VlUss
0UANTTrY
1.00
2.135.00
2WO
;':.';;;0"''..1
_.00
870.00
;!!G.go
1.8111.00
llIIO.oo
1.<iO
445.00
1185,00
lI8O.CIO
2.00
2.Slo,00
4.00
6.00
3.00
1.00
liNEr
MEAB
L8
iY
foN
~y
ioN
tON
tai
IF
Sy
ACRe
Sy
ISY
BY
EA
BY
fA
EA
EA
LS
1:\06 files\06 subdivisions\fmal\villas of north wood meadows\villas final dev cont.doc
IIN"
PRICE
$731l.0II
ilI""J
$51U01
$CUI
$44.10
$IW
aU5
18,72
$3.00
$4'hSij
~3.f4
$16.16
$16...
$315,00
11.35J
$341.251
i52.silt
'361.~
S2.5OO.CIO
TOTAL
PAGE 7
TOTAL
$735.00
$i'.5ol~
111,ij!.9!J
5591.15
817.,!99.o1i
!11.!~
$32.0lIlI:&Jl
s14,eo6.iiii
$1.880.00
SIllll.5c1
!'M:J2'!l2I
$16,_,601
$11.1711.201
!!!l.001
$3.:175.00,
$1.36S.CIOI
nii.OOI
$1, 102.501
82.500.001
1
I
I
I
I
8146,89,60
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DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
Landscape Estimate
The Villas of Northwood Meadows
Prior Lake, MN
6/26/2006
Landscape Trees
Price
Tree Type Size Quantity Per Total
2.5"Cal.
Bur Oak B&B 27 $210.00 $5,670.00
2.5"Cal.
Autumn Blaze Maple B&B 8 $210.00 $1,680.00
2.5"Cal.
Greensoire Linden B&B 3 $210.00 $630.00
2.5"Cal.
Skyline Honeylocust B&B 2 $210.00 $420.00
Subtotal $8.400.00
I Mltlvatlon Trees
2.5"Cal.
Swamo White Oak B&B 6 $210.00 $1,260.00
I Black Hills Spruce 6' Ht., B&B 16 $210.00 $3,360.00
I Austrian Pine 6' Ht., B&B 23 $210.00 $4,830.00
I Subtotal $9.450.00
I
I Landscape Estlmate= $17.850.00
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DEVELOPMENT CONTRACT
CONDmONS OF PLAT ~ ~ AOV 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 December 5, 2006, will render the
final plat null and void.
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