HomeMy WebLinkAbout5G - Bluffs of Northwood Meadows
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tl 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
5G
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR THE BLUFFS OF
NORTHWOOD MEADOWS
Introduction
Manley Land Development, Inc., has filed an application for approval of a final
plat to be known as The Bluffs of Northwood Meadows. This plat is the third
and northernmost phase of the overall Northwood Meadows development; In
order to develop this site, the utilities must be extended through the Coves of
Northwood Meadows and the Villas of Northwood Meadows. It is located east
of Northwood Road and Hawk Ridge Road, and west of Spring Lake Regional
Park. The plat consists of 49.50 acres to be subdivided into 74 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%
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Phone 952.440.9675 / Fax 952.440.9678
of the cost of the required replacement trees.
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 Bluffs of Northwood Meadows consists of approximately
49.50 acres to be subdivided into 74 lots for single family dwellings, 3 parks,
and 1 outlot for park purposes.
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
$1,0460,020.00 for the construction of the public improvements. It further
specifies development fees of $491,507.00 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 Bluffs 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.
A motion and second to adopt a resolution approving the final plat and
Development Contract for The Bluffs of Northwood Meadows and
authorizing the Mayor and City Manager to sign the Development Contract.
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF "THE
BLUFFS OF NORTHWOOD MEADOWS" AND DEVELOPMENT CONTRACT AND SETTING FORTH
CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT
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 Bluffs 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 Bluffs 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 Bluffs of Northwood Meadows" is approved subject to the conditions set forth
in this resolution.
3. The final plat of "The Bluffs 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
I Dornbush
I Erickson
I LeMair
I Millar
HauRen
Dornbush
Erickson
LeMalr
Millar
Frank Boyles, City Manager
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Phone 952.440.9675 / Fax 952.440,9678
DEVELOPMENTCONTKACT
Tllli BLUFFS OF NORTHWOOD MEADOWS
PROJECT #06-131
This DEVELOPMENT CONTRACT is entered into this 5th day of September, 2006, by and
between the Ll1 r OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Manley Land
Development, Inc., a Minnesota Corporation (the "Developer"). Based on the mutual promises and
covenants set forth herein, the sufficiency of which is not disputed, the City and the Developer (collectively
"Parties") agree as follows:
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for The Bluffs 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. CONDITION.~ 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 Develvpu.ent Contract with the County Recorder or Registrar of Titles within 90 days after the City
Council app.vves the final Plat.
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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 app.vvals set forth in Resolution No. 06-039, dated March 20, 2006, app.vving 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 app.vving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not proceed until the City appwves
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 app.vV'ed 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 ofa multiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (I) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLAN..fii. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be appw V'ed by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development
Contract, but are incorporated by reference and made a part of this Development Contract as if fully 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 July 19, 2006 (Prepared by Pioneer Engineering)
Plan B --
Final Grading, Development, and Erosion Control Plan(s) Dated July 19,
2006 (Prepared by Pioneer Engineering)
Plan C --
Tree Preservation and Replacement Plans Dated July 19,2006 (Prepared by
Pioneer Engineering)
Plan D --
Landscaping Plan Dated July 19, 2006 (Prepared by Pioneer Engineering)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements
Stamped "AJ:'J:'<uved by the City Engineer" (Prepared by Pioneer
Engineering)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTAT1,RD IMPROVEMENTS. 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
1. Traffic Control Signs
J. Street Signs
K. Setting ofIron Monuments
L. Sidewalks and Trails
M. Landscapingrrree Replacement
N. Wetland Buffer Signage
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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 p~"pared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary pennits and applVvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that pennit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the City
staff, to review the program for the construction work. In accordance with Minnesota Pipeline Safety law
revisions effective January 1,2006 the Developer will be responsible for installing a tracer wire mechanism
for all service lines in public right-of-way. The proposed tracer mechanism shall be approved by the City
prior to installation. All costs associated with furnishing and installing the tracers shall be the Developer's
responsibility. Before the Security for the completion of utilities is released, iron monuments must be
installed in accordance with Minn. Stat. 9505.02. The Developer's surveyor shall submit a written notice to
the City certifying that the monuments have been installed.
8. COMfi)TRUCTION 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 PROVTDEn r.nNSTRUCTlON 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 LUplVvements were completed in compliance with the
app.\ded 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. SUBDlVlSION MONUMENTS 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 dum recording of the Plat, the Developer shall submit to the City
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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 perform all work and inspections deemed applupriate
by the City in conjunction with the develvpment 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 a mulch blanket, may be used is approved by the
City Engineer. 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
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any costs incurred by the City for erosion control measures. The Developer shall fully reimburse the
City for any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does
not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may,
without further notice to the Developer, draw down the Irrevocable Letter of Credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements. Due to the time sensitive nature of providing for erosion control, the
notice provisions set out in Paragraph 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 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. CLEAN UP. The Developer shall clean dirt and debris JUlll streets that has resulted :llUlll
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 :llUlll the City, the City, without
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further notice, will perform the work and charge the associated cost to the Developer. If the Developer does
not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of the
invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any costs
incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in Paragraph
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 8.pp~vved grading, development and
erosion control plan(s), (Plan B). The plans and work shall conform to the requirements set forth in the City
of Prior Lake Public Works Design Manual.
B. As-builts. Before the City releases the Grading Security, the Developer shall
provide the City with an as built grading plan and a certification by a registered land surveyor or engineer
that all ponds, swales, and ditches have been constructed on public easements or land owned by the City.
The as built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot corners and house pads. The City may
withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer. The Developer shall also
submit a lot tabulation certified by a registered engineer showing that all pads have been corrected in
accordance with project specifications.
16. OWNERSHIP OF DEVELOPER INSTAT.U?n 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
im}l~vvements.
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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. Warning 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 ~CCESS. 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 REJJ.UlRED BEFORE ISSUANCE 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 (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 Lupwvements; 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. flIT ADMINl..~TRATION.. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
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include, but are not limited to, preparation of the Development Contract, consultation with Developer and its
Engineer on the status of or problems regarding the development of the Plat, project monitoring during the
warranty period, processing of requests for reduction in security, and any consulting or legal fees incurred
by the City. Fees for this service shall be four percent (4%) of the estimated construction cost as detailed in
Exhibit E, less oversizing costs outlined in Exhibit D, assuming normal construction and project scheduling.
Extraordinary costs incurred by the City over and above the four percent (4%) Administration fee shall be
billed to the Developer. Extraordinary costs are defined as costs resulting from change orders applied to the
project and costs incurred as a result of unknown conditions at the time of design, project delays, or costs
incurred in enforcing the terms of this Development Contract.
21. CITY CONSTRUCTION OBSERVATION Construction observation shall include, but is
not limited to, part or full-time inspection of p.vposed 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 $63,249.00 for trunk stormwater improvements prior to the City signing the
final Plat. The amount was calculated as follows: 22.67 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.
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23. TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $124,685.00
shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat.
The amount was calculated as follows: 22.67 acres at $5,500.00 per acre. This charge was dvtvuuined 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 $68,917.00 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: 22.67 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 $111,536.00 for street oversizing improvements prior to the City signing the fmal Plat.
The amount was calculated as follows: 22.67 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 TRAlL DEDlCATlON. The Developer shall dedicate to the public Park 1
Park 2 and Outlot B as shown on the Plat. This dedication, in combination with the dedication for The
Coves of Northwood Meadows and The Villas of Northwood Meadows satisfies the parkland dedication
requirements for the Northwood Meadows Planned Unit Development, as approved by Ordinance No. 106-
05. The Developer shall provide the City with a warranty deed for Outlot B prior to the City signing the
final Plat.
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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 B to construct and install the above implVvements.
28. STREET L1GHTS AND OPERAT10NAL 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 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 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 applUv'ed Plan C, and to the
provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial
guarantee of $67,000.00 based on an amount equal to 125% of the estimated cost to furnish and plant the
replacement trees.
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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, from a bank for $1,460,020.00. The amount of the Security was
calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $
Watermain $
Storm Sewer $
Streets/Sidewalks/Trails $
Street Signs $
Tree Preservation and Replacement $
Erosion Control (collected as part of grading permit #06-G-05) $
ESTIMA1 J:!'o DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
TOTAL FOR IRREVOCABLE LEIT~R OF CREDIT AMOUNT
$
215,257.00
189,909.00
180,954.00
527,796.00
500.00
53,600.00
0.00
1,168,016.00
X 1.25
1.460.020.00
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 unless
otherwise appwved 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
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Page 13
intends to modify the terms of, or cancel, the Irrevocable Letter of Credit. Written notice is effective if sent
by certified mail, postage prepaid, and deposited in the u.s. Mail, at least forty-five (45) days prior to the
next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle
Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date. If the required Developer Installed Improvements are not
completed at least thirty (30) days prior to the expiration of the Security, the City may draw on the
Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to cure the default.
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 Develvplllent 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 regil>k~.-d 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 $491,507.00 for City Development Fees. The amount of the cash fee was calculated as follows:
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Page 14
CITY DEVELOPMENT FEES:
City Administration Fee (4%) $ 46,720.00
City Construction Observation (5%) $ 58,400.00
Trunk Stormwater Acreage Charge $ 63,249.00
Trunk Water Acreage Charges $ 124,685.00
Trunk Sanitary Sewer Acreage Charges $ 68,917.00
Street Oversize Acreage Charge $ 111,536.00
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 $ 491.507.00
34. WARRANTY. The Developer warrants all Developer Installed !.up." lements required to be
constructed by it pursuant to this Develvputent 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 und\J'5w..md 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
Wodes Design Manual.
35. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims 1iv... labor, materiahnen, or others that work required by this Development Contract has
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Page 15
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 c1aim(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 Ldk~~ of
Credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys'
fees pursuant to this Development Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of one-
hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance of less than one-hundred dollars
($100), the Developer shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Developer shall be awarded its costs and
disbursement, including attorney's fees incurred in bringing the action, from the Irrevocable Letter of Credit
or other security provided by the Developer to the City. (See Minn. Stat. ~471.425, Subd. 4a.)
36. RESPOMWBILITY 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
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Page 16
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. The City shall provide the Developer with copies of
invoices submitted to the City for payment.
37. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Develvpll1ent 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 plVperty 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 DevelvplUent 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
DevelvplUent 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 Development Contract. With respect to this paragraph, "material
provision" shall be construed broadly to offer the City the fullest t'lV~,;,ction 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 38 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
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Page 17
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract.
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. NOTICES. Whenever any para&aph 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: Manley Land Development, Inc., 1915 Plaza Drive, Suite 201, Eagan, MN 55122. Notices to
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Page 18
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. TNDEMNIFICA TION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attomeys 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 intc,lv~l, 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 hannless from claims arising out of or resulting liVlU the actions or inactions of the City, its
Council, agents, employees, attorneys and IVplVsentatives 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 app.'" val 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.
41. [N..WIRANCE 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 p.vperty damage insurance covering personal injury,
including death, and claims for plVperty 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
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Page 19
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 31st of each year. Each insurance certificate shall
have the project name and City project number clearly shown.
42. RECORDING DEVELOPMENT CONTRACT.. This Development Contract shall run with
the land. The Developer, at its sole cost and expense, shall record this Development Contract against the
title to the property within ninety (90) days of the City Council's app.vval 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 Develvpwent Contract, in the form attached
hereto, from all parties who have an interest in the p.vperty; 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 app.vving the final
Plat.
B. The Developer is required to submit the final Plat in electronic format. The
ele,,;"vuic 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
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Page 20
standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (llx17 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. MISCHT.T.ANEOUS.
A. Compliance With Other Laws. The Developer H'pn:.sents to the City that the Plat
complies with all county, metropolitan, state, and federa11aws 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 Develvp~uent 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 app~v{ed 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 Develvpwent Contract without the
prior written app~v val 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\jlpl~(ed in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
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Page 21
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or intc...p.vlillg any of its
proVISIOns.
F. Jurisdiction. This Develv}JLHent Contract shall be governed by the laws of the State
of Minnesota.
Lll i OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DE"~~
B~~.I
Its: ,hC€ ~~
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTI)
The foregoing instrument was acknowledged before me this day of , 20--, by
Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
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Page 22
STATE OF MINNESOTA
)
( ss.
)
COUNTY OF~. ~-\c.t
by Theforego~m:=U€i~~:1~~ dlls :;JJ~"~+ , 20 OW.
NOTARY PUBLIC
DRAFfED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
"
.' .: . AMANDA FAYE PHH.BERN i
. NOTARY PU8LJC.MINNESOI'A
.., CammiIeion EIpiret JIn. 3t. 2010
( - .
... . ..,
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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 plVperty owned by them.
Dated this
day of
,20
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
.20
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 24
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
Lakeland Construction Finance, LLC , which holds a mortgage on
the subject property, the development of which is governed by the foregoing Develvpment Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this 25th. day of ~ IA.j Uh t-- . 200 &> .
11# j /lltak/
/ - ,
(.o..o.
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 25th day of August
20 06, by Robert J. Machacek, Chief Operating Officer
for Lakeland Construction Finance, LLC
~
NOTARY PUBLIC
DRAFTED BY:
MARIE K. MARDEN
Notary PUblic
Minnesota .
My C_." ,,;"";~, Expires JlIl1Uafy 31, 2009 t
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 25
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by
the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the subject t'~u'Ferty in which there is a
contract purchaser's interest.
Dated this
day of
,20
STATE OF MINNESOTA )
( ss.
COUNTY OF )
20
The foregoing instrument was acknowledged before me this
by
day of
NOTARY PUBLIC
DRAFfED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 26
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
, THE BLUFFS OF NORTH WOOD MEADOWS
=':t~~.t:.."'t".....~";;,;:=...~"
:ll:'U~::;:"",."".=..,: -. "-".~~~. ......~ .~_..~
::,=-:~-==..~~JM~:=~4....
......_~.-:":f'.::.r:::::~. . '~.r".':-:s:'~
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:b~=~r......'.-..,......'..~..~~~.""
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""1'1II* __~__
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~=:iPS=J:3_Uf,~ea-==":
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=:~~
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---...." -- ~ ~..........-.. .......
......,"""'" ~-~
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9'ry .....
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.....~,~-....,-"'~~_-....... ~_M.,~...:<<lt1-
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,~
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L:\06 FILES\06 SUBDIVISIONS\FINAL\Bluffs-Northwood Meadow\blutTs final dev cont.DOC Page 27
..., 0l,1ltt1'f .......
...........-4ot............................. ".~ .,f/W.........................
M .~'~m"..... ~ III lI!\w.--
~-~,.,.,...
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-..
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1iOOIf"""'~
......__'"'__.....OIlWlt.....................tt
...-.... ......-.....-'"""" ,_y~_. -~-
---
EXHIBIT" A"
TO
DEVELOPMENT CONTRACT
THE BLUFFS OF NORTH WOOD MEADOWS
CAlIS tSTJ,ru; SEwn .:roll::.".
"l.;.;. ---1l '. m_"_
P.MK~::..............
.... --
PARKt
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.r :, I
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i
\l~ 00Il.0T 8
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-
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.~
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. .._""".:J~'
'-;~ ~~.
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"/(~'" '.:;"'\." ,/'/.rl;,'.!I,-"J~'"
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(,".--- --\ r--.+~ .,.....
l ,) \ ~~
~~51
~. riI'Na
'':I''"';K~tn
--
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev contdoc
.:Z
'E:::r' ''!'
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i..__.+_.__..JI
\ ,,! .J' II
~ .".\.'" t, 4-
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I '
,.....~v"'.,^,.,__,.L.,_.._........._..v,.
.~4. _ "... ~.i2'2
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. .....,.".... ~
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Page 28
EXlDBIT "A"
TO
DEVELOPMffiNTCONTRACT
A
,
~ 2-..:
~ T
~U"
P&.~?~~.~~
..
ME' ,. 14 ..,;:
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
Page 29
EXIllBIT "A"
TO
DEVELOPMENT CONTRACT
-=-
~.-,..i
~"r
~..--="'-
=L.1..J._._..
,
:='=.="'~.
J:'~':-
~~
(I ==-:a r..:.::r...:r:....... Il-l
r~-:F~T~:-..!:"vt
.............._ __ ..t..,
_.............~~1IlIiIUU
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;::<."1)\\:"'1 ~"&..~
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1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
Page 30
EXtt1nIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
l6200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-l715
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 55372-17l4, 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 SUBDIVISIONS\FINAL\Bluffs-Northwood Meadow\bluffs final dev cont.DOC
Page 31
E:xtuJ:iIT "C"
SAMPLE CERunCATE OF INSURANCE
PROJECT:
CERunCATE HOLDER: City ofprior Lake
l6200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory,
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$l,OOO,OOO 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
g)VERAGE PROVIDED:
Operations of Contractor: YES
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Page 32
Operations of Sub-Contractor (Contingent): ~
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Proclucts: YES
Contractual Liability (Broad Fonn): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting ~
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Fonn Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIl\flTS: [Minimum]
Bodily Injury:
$l,OOO,OOO each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $l,OOO,OOO each occurrence
ARE ANY DEDU\...llDLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF
lliJj, ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE E:M-I.KATION
DATElliJj,REOF, 1Iili ISSUING COMPANY WILL MAIL Hll.KTY (30) DAYS WRUIJ:!,N NOTICE TO
IttE PARTIES TO WHOM 1IuS CERuNCATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
Page 33
EXuJ.DIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
THERE IS NO OVERSIZING INCLUDED IN THIS DEVELOPMENT CONTRACT.
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
Page 34
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMAIEU CONSTRUCTION COSTS
FINAL ENGINEER'S ESTIMATE
FOR
THE BLUFFS OF NORTHWOODS MEADOWS
IN
PRIOR LAKE, MINNESOTA
April 28, 2006
Revised July 19,2006
I VJdI I Unll~ I
BId F.alInl...
0UutltY I ADI_
c........ n..
Sedlom^-~&:MIIl..;"", ..sltnrvrk
3r'adiqgMcbiliMi<ll1 ____ ,.._.!:L..L so!!!! II
_0-'''''- .. I """"" ".-
t;eP~ Wells LS i 53.61250 I 53,~.,~
~O\'C~~ _.LS i 515,462,6$ I $15:462.~
R<:m<we~GraY~.~."~':!l_..___m__.________m .. ...!,~..__L___..__...._~!~~ __ .________!__ $1.00
Rom""e~gj_u_.DriYeway LS' S3,(lOO,l)() 1 $3.00000
Mainrain""""""IO.oo.linahcme~~(14.31l12) 1.3 S:;'OOO.oo Ii S5,OOOlXl
Rcavy[)QtyF.n>PlnQli\tnllFc:nte<h!*l~ Lf i $2~ 6.5151 SH.6S1t15
Stalldorrll!.rosiol\Qli\tnll~--~ .______ ,._..l-F _J SUQ j,12<l! S2,1S6.0C)
~"" !l>A..-Km CY i $I. 51 132.S00 S2OO.015.oo
~,:,...,.~.._~ CY ,$1.1$ 19,000 S>>.2-'ll,l)()
Seed~ UIIeh (MriOOT Mix ~..______......___.m~_L_.._ WO.~ ,_._.__..___l~ ._._....~...SO.((l
Clear & <nub AC i $3~~.OO 11,(1' S311.SOO.00
!<lI*>il Rc....., __ -~-=~":-~I=:=::=~1!__...m!.9.:~ .~il.~~:~
Gravo1llnl.n1noo-ltlsl&M . ":",,,., 1lA' $UOO'OO~ 1 SI,soo,oo
~Wllll>><MoMatlllo.kHI~IucIc=I~ sr' $IS. .~3Q slol,:m.oo
Wood FiberDIonb:t SY $135 6.\00 $9,341.00
DiIilha...u IlA $60.001 10! $1,:100.00
WflllIIadBuff<<~ IlA slmoo 2$1- $3.0ll0.00
~Gatdeainpm(iilcludllll6'-nJiocItoplI9il, I.S s5:(lOOOO II $~.~~'
.., ,. ....';. J IJD1lB cItllU1Iik.lIld iII6IIrIIiart _1IIlIterial
~eili..r_ rdtcr9portire!l!-tMd$)) SloG cIoIlIils04 or 4
r~~I\..'::""""
NPtlIlSPcnunC..r,",:, ,,,.. with It ....,:.....". ," i
LS
1.8
S2,$OO.00
$1.001
Sl.$OIlOC' '
$l.OC.
ToW GnocIIolI'" ~SIlft'Ol'IlC<llilncl M1011l1l
I
I
I
S46S.12s.l10
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
Page 35
EXlDBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
~heII
!1edloe 8" ~s......
~iltr~~.
It"WcSDIUS,llY.1ZOeprh
8" l'VCSD,IUS.IZ-I4' papIh
.. PVCSDR,3~.I>4'-16'~
I' PVC SDR 35. 16'-11' Oeprh
I' I've SDR 2lI, !(Y.I:r Oq,m
..pvcsoa26.I2'-i4'~__.____
l' PVC soa:26, 14'-16' Dli\l(h
II' PVC SDR26, 16'-111' Oeplh
18" PVCSDR26, 11'-20' ~
8" l'VC SUR. 26. ')J1.zr DoIlC!'
8" pvc SDlt 26,22'-24' ~
$" )>VC$Dlt 26, 24<-26' ~
~ 1)1.1>. aa.. 51
(. J'VCSllR:l6 $orville ~ (wllh 10 l!ill!llt _1l'irund",*)
4' PVC SDR~Ri.- """
8"1!4' PVC ~icf WUl
SaIl!W<Y Scwcr~ \!i-Il] ~
SaIliJary s.-rMbilolt &nn.t>
00IIidii f.lrq) S<<t!m
s~ So.wctTCIlII. T"o.;,.(lneludoo; Air 4< Mandrel)
!A.
Ll'
U'
Ll'
LF
1.1'
._......... .......___...1!
Ll'
LF
Ll'
Lt.
LF
LF
1.1'
Ll'
'\IF
EA
EA
VI'
'\IF
LF
tOllll~~'~AJi,_m
c..ttalet Iteta
&ed:\oIIC.W". ".
6- Dii QasaS1
lI"D:;JP.o-S1
~a~...~,<'lolev.,,",
gl;P. YlIIiIP.
I'e ','" .:... SlQp
I' Curll:~t. ~
I' ~(T~K)Slllvice~
6' ~Vatve 4<Bdlt
$0 0. Valve.t::&oi
~ T()~Wlllalliain
w"".,~ T"'~BY~&~ily)
TOlllI 'i r .' ,..",'... c.tri\Cl A.IlJlQlIl
UlaIt
UJlI(l'rl<<. I ~~':...
$(t.oo
$21.00
$2S.OO
m.<:Xl
>>6.?I!:
n40S
-~~....
$28:05
$51.7$
$51,7$
55175
$51. 'N
$51,15
$3UO
$1l.1.5
$IZU!l
m.oo
$Vll)9,QO
5100.00
$21<J.OO
$1,00
I UnIt I Ulllt~ I
. Su5;ii1j&-
1\
1261
516,$8.00
$S.QZS.OO
t6,.(ilS.oo
$567.00
$481.00
...".._~!!~,~
_..._~-'~,~
$25.(16350
tn,166.7S
57.17650
S6.987.7!i
$6,812,25
$1.25200
5lB,mz
$'2.OS5,63
51.<l30.ro
$J8.QOO:!lO
Stl.O\lO.OO
$1.~.OO
$2, ffi,(l(l
201J
2-45
10
20
60
135
414
557
126
121
119
<<l
3259
149.5!
7~
19
11M
&,0
Z1S4
BlcIKJIlm....
~ I ,w!lunt
!
L___
I
S1.12():OO
$3.95
sttSQ
$120.00
$t$,I~
$ll!iG.lXl
$l;Z$.OO
$2:St).()()
$0.25
1:\06 files\06 subdivisions\final\blufTs-northwood meadow\blufTs final dev cont.doc
~ j--_._~:'------ ~t..._.~:~~
EA
18
SA
SA
LF
SA
llA
SA
tF
91
353$
1~
74
31151
1
1
I
3000
S24.4lKlOO
S13~.25
$S36S.lXl
S*,,80.OO
$11,$46 so
mo.OO
$8,575.00
$2SQ00
5130.00
__75
Page 36
EXttInIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMAu,lJ CONSTRU\...110N COSTS
C1lIdtlod ltm
~D. Sllno s..-
IS' Ra' C/liss ~
la' Rn'CIalrs S
21' RC1' CIa 4
i4'Ra> ClaliII3
21" Rn' Cboos 3-
W' RCP OMs 3
lS'l'l!S wIl'l'ISlI GUIIl'd
24" YElll wIl'l'ISlI Guard
:11" 0ilIm_ Cafd1 Eluin
~ll36" Ccchs.Jn
48' C<dGb l!leiin.!dlmbaIt (11.10' DeIXh)
48" c.d1 Buill MtDbale ~ ~h)
4$. MarIbole{r1-IO'tlopdi)
54' c.dl 'BaoiftManholt (a.IO' DeodI)
SA" C_e...in'~ Ol/tlmDopch)
~4'Mldlolo{(l'.10' ~}
51!' ClIIdI BllaiIl ~ (l1.10'~
60" Cafd1BBU MaabpIe ~Ill:pd>:l
~ OlllIetConlrol SlMIure(Sao ~d)
lUl'RAPCINom
4. }iVCJ>~l:lrWl1e
4.PVC~~
8' PVC:t>c:rI\lIaIl:d llniiIIile
8" PVC~1eClc8lioul
1F
1F
__~"",~__.___".._~ _H__~'
.. ..... .,. .,. __._.._ ..J-Z..,
U
1.F
U
&II
1iA
&II
&II
EA
VI'
&II
&II
VI'
&II
&II
VI'
SA
CY
l..F
1iA
IF
&II
rl>lMs..r.,:IitweI" CollIntt~
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
tl..
tlllit~
Bid ElIdIll.
Quady ~ -'-0ll0t
$27.25 ml $35.!l91,~
$3(1.35 334 $10.136,9(1
",-- $32.1$ --.-:::,..,!!.~ .._.~~!l2
S4&.OO 59 $2.36f),00
S53,SO 0' SO:<!I?
S57,00 _..______..1..?l:l.l $9plnOO
mm $C~'~----,------rt..-- ::::
$1.495.0(1 21 $2.990;00
$1,'l95.oo 8j Sl1,96O.oo
S;.I60.O(J 161 $34jS60.00
$11)9,00 15,21 $1.6S6.-~
_.___~l!1~ .,., ! ..,_"~
S2. 760,00 2 ~.S20,ro
$1:l6.2S 6.2 $782.15
$2.100.00 2 ~;s2().oo
$3,00000 t $3,mro
5135.00 1.33 SI"79,55
$UOO,OO"'j: Sl,al)Ij;(()
$6$-00 11.11 $1.111.$0
$7,00 sso $3.8SQ.OO
S:l75m 2' ~OO
SI1,75 1001 $1;175,00
$350.00 11 S3SO,OO
I
_.~--_.__.. ---... ~1S
Page 37
EXttJ.nIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMAl~1J CONSTRUCTION COSTS
C........<tl_
~E.&neh
S1ru.t ~iJaIion
~ ProplIIJlllan(ll1Cludeo tttl Rill!)
U~-~~~ 3149) <c,,~,.,~-,~~..yy_yy_,
S- 0. S looi~<:Mnt>Or 3138) .........y............m....
2,5" 112331 r~"P." 31B BUmimusBae
Tock Coat(MnOOT llm
l.S.1I2331_1)~~!A.~~w~ CQUIlIO
r..-. ~~(~llrb& GUllQ'
~,B618 Curb&:Gua<<
~ v~. Gutlor
~~.o.... V...... Box
Adj\l$l CllItb BIIIlin CalliJa
A4ij11lt MilIlbole ('.a!ting
B.d.rot CIab... Guller lIIlCI c;,;;;;;;E:~:;C.... hr.,..C. ~ behind;;;;;t
~:<(;' _..._,. Side.....lI"...'S. Sand a....
~3'~~oICIab .
~Pcl<leatrian RDI'{Sidewalk>
~r:J:,,',. ~I'(T~._._._..____...
~a..:.:..,~Biwm_
(I' Cloa$ S f<l< B_~Pa\h
2.5' I:L. . ,,', ,..., I'lIlb W....{MnlX>T ~t.TYfl'41A)
4" 8iIIllItinllus Accc.I'loIh Wear o.moor 2331-nne41A)
Remove &:Dispo$c ~ BiL,,,:, ... &:CIIrb~~ Rd)
~L',"" , and.lAwns(l'i:l:iitini ~on II4wkRi<l&eRdl
tnsIall C'qadail Q-nainaI(lil(cav"'" .t.BackfiIl T~
UIlIt
BId EiIUIWIIe
QlUIty I -'-llllt
U... J'rlto
LS $735.(0) II smoo
SY, ._.....so.S~ __... 141901.....__~?!!~~
SY. $ll.~ ..._ 13S1o. .......S.!J.~l!~,~
=,sI=J 1410 12915 S6C.700.SO
sy' $620 10790 $66.898.00
Gl.. 5263 CiOO $1,578.00
_' __.. _ SY ...... L...__...._ $4.20 I~ ._...!4S,3l~~
LI1 $Il.n S210 $04.5.431.20
LF S12.6O) QX) $8.$4.00
LF S\.5.15 38 $598.50
EA 5341.25 8 S'2.13O.oo
EA! $5250 20 $1.~OO
FA 5367~ 24 S8,ll20.00
LS $7.soo.oo 1-...."$7:SOii.oo
SY S43.D S.iS S23.9&7.l0
SY.....L.. $3.00 24$5 $7,365,00
.__~.'_~ 2 $6)(1.00
EA 534US 4 51.365.00
.--....-....... -.i:T;:-..-...-.....WOO..--."ii ---...-$9oSOO
SY $11.20 ~ $38,212.00
Sy SUO 3050 SZS,62O;OO
SY $!;I.ll 6191 $$.86410
ts Sl,soo.OO I SI.j()().OO
LS $6,ZSllOO 11 $6,250.00
LF $1.00 .co ~,OO
r..SIIftt C<lIIInId~1
TlIllIIQnIadIna4~_S:,. ....." ClMitnlet oUI.....
1"'011I1 $anItary $tower' COllh<t A.....
l'oIlllW~ C"AIlIInleI AlllIIIIIII:
TolIII St.- s..werc..il'lld ~___._w.._~ .--....-.-....... -.."
T.,i,ljfllrHl~-"-t
torJlJ:........."""CT AMOtJNT
$9M9$,tlI
$t65.tU.lIlI
$11$,1S7Jtl
$10.75
Sl.~.'-""._'
ssrti'95;.
S1.579.QJ!t.68
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
Page 38
EXlllBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMAl~1J CONSTRUl.-llON COSTS
Landscape Estimate
The Bluffs of Northwood Meadows
Prior l.aIce, MN
La..~.._pe Trees
TrM1YPll
Red Oak- .~1Iitlta
Grelln AaI\- 1'/'sJdrlIAI"" """.Narica
~.c.JIi$~
Sugar Maple- /IDer SlIOOIlIIMI
Rlller Blrcb- BeIIIa nigra
Sira
2.5" B&B
3.5" B&B
25"B&B
2.5"8&B
25"B&B
MItlgaUOn Trees
n_1YPll SIze
BlackHi118 Spruce. PiCtlllglaucedenSllla tM4'Tree Spade
\I'vhiIe PIn&- Rnus sIr~ 12-14' Tree Specie
Landscape Estimate. $97,A6(l.OO
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
QIIalltIty PIb per
34 $300.00
34 $300,00
24 $300;00
45 $250.00
20 $25lloo
sutMtal:
Q\lallllty Prlc:e,...
71 $400.00
63 Milloo
Si....".'-.,..
To4lll
$10.200.00
$10,20000
$7,200.00
$11,250.00
$5,000.00
$Q,8IiO.OO
Total
$23,400.00
&25,200.00
$53;800.00
Page 39
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 II" sheet of paper.
4. Four mylar sets of the [mal plat with all required signatures are submitted.
5. The developer provides financial security, acceptable to the City Engineer prior to release of the
[mal plat mylars.
6. The final plat and all pertinent documents must be fIled with Scott County within 90 days from the
date of [mal plat approval. Failure to record the documents by December 5, 2006, will render the
final plat null and void.
1:\06 files\06 subdivisions\final\bluffs-northwood meadow\bluffs final dev cont.doc
Page 40