HomeMy WebLinkAbout5F - Jeffers Pond 3rd Addn. PUD
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
SEPTEMBER 18, 2006
SF
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PUD
PLAN FOR JEFFERS POND 3RD ADDITION
Introduction
Wensmann Realty has filed an application for approval of a final PUD plan for
Jeffers Pond 3rd Addition. The third phase of the Jeffers Pond development, to
be known as "The Village at Jeffers Pond," includes 4.57 acres located west of
CSAH 21, south of Fountain Hills Drive and east of Enclave Court. The
original plan called for development of 47 townhouse units; the revised final
plan is proposing development of 32 row townhouses, reducing the total units
by 15. The final plan also includes a platted lot for the future fire station.
Historv
On January 18, 2005, the City Council adopted Ordinance #105-03 amending
the Zoning Ordinance to designate the entire 336 acres as a Planned Unit
Development. The ordinance listed the elements of the PUD as follows:
a. The PUD is a mixed-use development consisting of retail space and
offices, single family homes, residential condominiums, townhomes, senior
apartments, an elementary school site, a fire station site, transit station
site, and parks and trails.
b. The total number of units on the site will not exceed 693.
c. Density within the Shoreland Tiers must be consistent with plans dated
January 18, 2005.
d. There will be a 50' wide buffer, measured from the Ordinary High Water
Elevation, around Jeffers Pond. This buffer will remain undisturbed with
the exception of 10' wide trail.
e. The elements of the plan will be as shown on the plans dated January 18,
2005, except for modifications approved as part of the final PUD plan.
The ordinance also required the following conditions be incorporated into the
final plans:
a. Maintain a 50' wide buffer around the OHW of Jeffers Pond. With the
exception of a 10' trail, this buffer should remain undisturbed.
b. No grading or other disturbance may take place within the identified bluff.
All structures must meet the minimum bluff setback requirements.
c. The developer must provide space to accommodate an 8,000 square foot
fire station and at least 20 parking spaces. The specific location for this
site will be determined as part of the final plan phase.
www.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
d. The plan must include an active recreation park consisting of at least 4.6
acres of usable, relatively flat upland.
e. The developer must provide funds for a future traffic signal. These funds
will be escrowed as part of the development contract.
f. The overall theme must be refined and incorporated into the final plans.
Jeffers Pond 3rd Addition is the third phase of the overall development. The
entire Jeffers Pond development is a 336 acre mixed use development. The
first phase of the development, constructed in 2005, included lots for 96 sin~le
family homes, 67 town homes, the school site and the park. Jeffers Pond 2n
Addition included 5.16 acres to be subdivided into lots for 23 single family
detached dwellings. The third phase includes lots for 32 townhouses and the
future fire station.
The Planning Commission considered the final PUD plan at a public hearing
on September 11, 2006. The Planning Commission recommended approval of
the final PUD plan.
Current Circumstances
Wensmann Realty, Inc., is proposing a modification to the approved final plan
for the third phase of this development. The original plan called for 47 back-to-
back townhouse units in 3- to 8-unit buildings in this area, called the Station.
Market prices were expected to range from $175,000 to $210,000. The
revised plan calls for 32 row townhouse units, and a lot for the future fire
station. The proposed townhomes are in 3, 4, and 6-unit buildings. The
homes are 2-story walk-out or look-out designs, with attached garages. The
average price range is expected to be $200,000 to $240,000. Sample building
elevations are attached to this report. A homeowner's association will be
established and will be responsible for maintenance of the private street, lawn
care, snow removal, and exterior building repairs and maintenance.
The revised plan reduces the number of units within this segment of the
development by 15, and reduces the total amount of impervious surface. The
plan also includes a 1.29 acre parcel which will be deeded to the City for the
new fire station site.
Streets: One new public street, Station Place, will be dedicated to provide
access to the fire station site. This street was originally intended as a private
street, but has been changed to a public street since the City will need to
maintain it for access to the fire station. The remaining streets will be private.
The alignment of these private drives has been slightly revised from the
original plan to serve the revised development. The new alignment actually
reduces the amount of impervious surface.
Parks: The parkland dedication for this development was done as part of the
first phase. No additional dedication is required.
LandscaDina: The developer has also submitted specific site plans and
landscaping plans for the Station. The landscaping plan provides for 33 full
size trees, and 18 ornamental trees. This exceeds the minimum required
number of trees. The majority of the trees are located along CSAH 21 to
provide a landscape barrier between the units and CSAH 21. The others are
located along the south boundary, and are scattered in the interior of the
development. The front of the units will be landscaped with foundation
plantings. The proposed landscaping plan is consistent with the Zoning
Ordinance requirements.
Other Elements: The final PUD plan also includes a table listing the minimum
setbacks, impervious surface, floor areas, and so on. This will enable the staff
and the builders to keep track of the impervious surface as it is constructed,
and to ensure there is no question about the application of the setbacks.
Staff has reviewed the final PUD plan and finds it to be in substantial
compliance with the approved preliminary PUD plan.
ISSUES:
The principal requirement for final PUD plan approval is satisfaction of all the
preliminary plan conditions. In this case, all preliminary plan conditions have
been satisfied.
FINANCIAL
IMPACT:
Approval of this final PUD plan will allow construction of new dwelling units,
which will contribute to the City's tax base. The final PUD plan also provides a
lot for a future fire station. This lot will be deeded to the City.
ALTERNATIVES:
The City Council has the following alternatives:
1. Adopt the resolution approving the final PUD plan for Jeffers Pond 3rd
Addition.
2. Deny the resolution approving the final PUD plan.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1.
RECOMMENDED
MOTION:
1. A motion and second to adopt a resolution approving the final PUD plan for
Jeffers Pond 3rd Addition.
Reviewed by:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
A RESOLUTION TO APPROVE A PLANNED UNIT DEVELOPMENT FINAL PLAN TO BE KNOWN
AS JEFFERS POND 3RD ADDITION
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Motion By:
Second By:
Wensmann Realty, Inc., has submitted an application for a Planned Unit Development
Final Plan to be known as Jeffers Pond 3rd Addition; and
The Prior Lake Planning Commission considered the proposed Final PUD Plan on
September 11, 2006; and
The Planning Commission found the Final PUD Plan to be in substantial compliance
with the approved preliminary plan and recommended approval of the Final PUD Plan;
and
The Prior Lake City Council considered the proposed Final PUD Plan on September
18,2006; and
The City Council finds the Final PUD Plan in substantial compliance with the approved
Preliminary PUD Plan; and
The City Council finds the PUD Final Plan is compatible with the stated purposes and
intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance.
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 Planned Unit Development Final Plan is hereby approved subject to the following conditions
a) The Final Plat and Development Contract must be approved by the City Council.
PASSED AND ADOPTED THIS 18TH DAY OF SEPTEMBER, 2006.
YES
NO
I HauQen
I Dornbush
I Erickson
I LeMair
I Millar
HauQen
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
Revised /PUD
"The Village at Jeffers Pond"
Jeffers Pond 3rd Addition
,
'~D) U;@IEO \'I) IE~1
" AUG 2 2006 \
----'
By _----.----
August 2, 2006
Developer:
Mr. Herb Wensmann
Wensmann Realty, Inc
1895 Plaza Drive #200
Eagan, MN 55122
651-406-4400
Engineering:
Pioneer Engineering
Mr. Nick Polta, Mr. John Larson
2422 Enterprise Drive
Mendota Heights, MN 55120
651-681-1914
BACKGROUND:
Wensmann Realty, Inc received preliminary plat/ preliminary PUD approval
for the former Jeffers Estate in January 2005 after almost 6 years of
planning. Several goals of the 2020 vision plan were designated on this
property and are becoming a reality. These public features included a
future elementary school, fire station, nature park and expanded trail
system. In addition to the large nature park, a neighborhood recreational
facility has also been dedicated to serve the immediate neighborhoods.
In October 2002, the DNR approved the reclassification of the Jeffers
Pond from Natural Environmental (NE), to Recreational Development (RD).
This approval was contingent upon a publicly owned natural vegetation
buffer, use of motorized watercraft and private docks prohibited, designing
JE~~bRS POND
PLANNED UNIT DEVELOPMENT PLANS
AMENDMENT #2
PRIOR LAKE, MINNESOTA
,
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INDEX
1. COVER SHEET
2. EXISTING CONDmONS
3. EXISTlNG\,..uJ.oJJ..lVJ,S
4. EXISTING CONDmONS
5. EXISTING CONDmONS
6. OVERALL DEVELOPMENT PLAN
7. SHORELAND TIER EXHIBIT
8. PUD SETBACKS
9. PUD SETBACKS
10. PARK DEDICATION
11. PROPERTY RADWS MAP
_......:....:==~
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GRAPHIC SCALE IN FEET
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II9SI'IJ.ZADlL.STa2llll
&\OAN..WINNllSOTA~I2%
COVER SHEET
AMENDMENT #2
~
lNH 445' HORlH Cf' co. RO. 82
ON 'MI..DS PARI<WAY
El..EV...963.12
lNH ~. NORlli Of'" co. RD. 82
ON WILDS PARI<WAY
El..EV... ~.39
JEFFERS POND - PHASE 1
PllOlt.1.AU.MINHBSCII'A
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MAPLE POIN""re
THE SHORES
JEfFERS POND 3RD ADDI110N ISN3LE FAMLY
AMENDMENT 12 ~ARKVEW TOWNHOMES
& PARKS.:E lOlNNHOME$
FUTURE PHASES APARllotENT
~~~UIl;p..l-;;D
,SCHOOl.
JEFFERS POND 2ND ADDITION l!:~~TA1lON
AMENDMENT I' hu........
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~ .~
GRAPHlC SCALE IN FEET
GROUND
TOTAL GROUND FLOOR AREA PARK~ I
UNITS AREA FLOOR AREA RA 110 DENSIlY STAI.lS
114 1.528,924 2n,676 18.16"4 3.25 T.B.D.
32 159,455 30.023 18.83% 8.74 76
23 224,734 ".363 21~52% 4." ..
56 549.0(1:1 153,7tM :./:/.!:lf1lo 444 '68
.. 399,332 113,4TI 2&.42"" '.24 '64
'" 964,116 140,-400 14.56" 1.76 '56
=~:=.~~ McudotaHeigbUOfJige ~~?=l~
OVERAlL DEVELOPMENT PLAN
AMENDMENT #2
105 571,363 170699 29.88% 8.01 420
204 492258 tllS'f'9 18.~ 18:-05 419
38 370,438 801574 21.78% 4.47 lJa
o 7,912,104 0 O.M 0.00 10
ria a-.~,~ 523J8 9.~ nr'a T.8.D.
nla .~227 1??oo '7.~ IVa 20
llW '~,(l4,824 1, 113,810 8.~ Z.08 J 1615 j
674 UNITS APPROVED IN ORIGINAL PLANNED UNIT DEVELOPMENT 1~.l)W(i
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JEFFERS NORTH
P9JOI.u.n.IoUNNSSOTA
I 6 + 11
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1'9S PU.ZA OIL. sn.:zoo
BAOAN, MlNNESOTA S5122
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ImI'LAZADlL.S11!.2lXI
!!AGAN.MlHN&SOTA~~ln
JEFFERS POND
PIUOR u,KJ!. WINNESOTA
......--
I 7 + 11
~
PLANT SCHEDULE
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IrAISC. NOTES
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GRAPIDC SCALE IN FEET
WENSMANN HOMES
1195 I'UZA DlUVB
EAGAN. MINNBSOTA 55122
JEFFERS POND 3RD ADDmON I LS 1 J., 2
PIUOlI. LAK6. MINNESOTA
FOUR UNIT ROW TOWNHOME (SOUTH FACING)
FOUNDA llON PLANllNGS
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EAGAN. MINNESOTA SSI2l
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PRlOll. LAKE. MINNESOTA
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
SEPTEMBER 18, 2006
5G
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR JEFFERS POND 3RD
ADDITION
I ntrod uction
Wensmann Realty has filed an application for approval of a final plat to be
known as Jeffers Pond 3rd Addition. The third phase of the Jeffers Pond
development, to be known as "The Village at Jeffers Pond," includes 4.57
acres located west of CSAH 21, south of Fountain Hills Drive and east of
Enclave Court. The original plan called for development of 47 townhouse
units; the revised final plan is proposing development of 32 row townhouses,
reducing the total units by 15. The final plan also includes a platted lot for the
future fire station, on 1.29 acres donated to the City.
Historv
On January 18, 2005, the City Council adopted Resolution #05-17 approving
the preliminary plat for Jeffers Pond. The resolution listed several conditions
of approval.
Jeffers Pond 3rd Addition is the third phase of the overall development. The
entire Jeffers Pond development is a 336 acre mixed use development. The
first phase of the development, constructed in 2005, included lots for 96 sin~le
family homes, 67 town homes, the school site and the park. Jeffers Pond 2n
Addition included 5.16 acres to be subdivided into lots for 23 single family
detached dwellings. The third phase includes lots for 32 townhouses and the
future fire station.
Current Circumstances
The final plat of Jeffers Pond 3rd Addition consists of approximately 4.57 acres
to be subdivided into 33 lots for 32 townhouse units, a fire station lot, and an
outlot for private street purposes. The final plat also dedicates the right-of-way
for one new public street. This street was originally intended as a private
street, but has been changed to a public street since the City will need to
maintain it for access to the fire station. The remaining streets will be private.
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. A
letter of credit for the public improvements required as a part of this
development is included as part of the development contract. The
Development Contract specifies the development fees for the platted lots.
www.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
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. The final plat also creates a 1.29
acre parcel which will be donated to the City for use as the fire station site.
This saved the City the cost of land acquisition.
ALTERNATIVES:
The City Council has the following alternatives:
1. Adopt the resolution with conditions approving the final plat and
Development Contract for Jeffers Pond 3rd Addition.
2. Deny the resolution approving the final plat.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1.
RECOMMENDED
MOTION:
1. A motion and second to adopt a resolution approving the final plat and
Development Contract for Jeffers Pond 3rd Addition and authorizing the
Mayor and City Manager to sign the Development Contract.
Reviewed by:
tJ
Frank Boyles,
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
Motion By:
Second By:
WHEREAS, on January 18, 2005, the City Council approved the preliminary plat known as Jeffers
Pond, subject to conditions identified by Resolution 05-17; and
WHEREAS, The City Council has found that the final plat of "Jeffers Pond 3rd Addition" is in
substantial compliance with the approved preliminary plat for Jeffers Pond; and
WHEREAS, The City Council has approved the final plat of "Jeffers Pond 3rd Addition."
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 as if fully set forth.
2. The final plat of "Jeffers Pond 3rd Addition" is approved subject to the conditions set forth in this
resolution.
3. The final plat of "Jeffers Pond 3rd Addition" is subject to the following conditions, which shall be met
prior to release of and recording of the final plat:
a. A current title opinion or commitment of title insurance is submitted acceptable to the City
Attorney.
b. Payment of all fees prior to release of the final plat mylars.
c. 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.
d. Three mylar sets of the final plat with all required signatures are submitted.
e. The developer provides financial security, acceptable to the City Engineer prior to release of the
final plat mylars.
f. 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 18, 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 18TH DAY OF SEPTEMBER, 2006.
YES
NO
I Haugen
I Dornbush
I Erickson
I leMair
I Millar
Haugen
Dornbush
Erickson
leMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.4474230 / Fax 952.4474245
DEVELOPMENT CONTRACT
JEFFERS POND 3RD ADDITION
PROJECT #EP06-158
This DEVELOPMENT CONTRACT is entered into this 18th day of September, 2006, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Wensmann
Realty, 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 Jeffers Pond 3rd Addition (referred to in this Development Contract as the "Plat"). The land is legally
described as:
Outlot G, JEFFERS POND FIRST ADDITION, according to the recorded plat thereof, Scott
County, Minnesota.
2. CONDITIONS .f)~T 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
L:\06 FILES\06 SUBDIVISIONS\FINAL\Jeffers Pond 3rd\finaI development contract.DOC
Page I
Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
3. RIGHT TO PROCEEll. Within the Plat. or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply
to grading or other approvals set forth in Resolution No. 05-17, dated January 18, 2005, approving the
Preliminary Plat for Jeffers Pond.
4. PHASED DEVELOPMENT... If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution approving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not proceed until the City approves
Development Contracts for such phases. Fees and charges collected by the City in connection with
infrastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Plat that are designated in an approved Preliminary Plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks.
5. PRELIMINARY /!LA T 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.
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 2
6. DEKELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development
Contract, but are incorporated by reference and made a part of this Development Contract as if fully set
forth herein. If the plans vary from the written terms of this Development Contract, the more specific or
stringent controls shall apply. The Plans are:
Plan A --
Final Plat Dated September 5, 2006 (prepared by Pioneer Engineering)
Plan B --
Final Grading, Development, and Erosion Control Plan(s) Dated March 11,
2005 (Prepared by Pioneer Engineering)
Plan C --
Tree Preservation and Replacement Plans Dated March 11, 2005 (prepared
by Pioneer Engineering)
Plan D --
Landscaping Plan Dated August 2, 2006 (Prepared by Pioneer Engineering)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements
Stamped "Approved by City Engineer" (prepared by Pioneer Engineering)
All plans set forth above are incorporated herein and made part of this Develv1-'went Contract.
7. DEVELOPER INSTALLED 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 of Iron Monuments
1:\06 files\06 subdivisions\final~effers pond 3rd\final development contract.doc
Page 3
L. Sidewalks and Trails
M. Landscaping
N. Wetland Buffer Signage
The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by ref,;",;,uce. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the
City staff, to review the program for the construction work. In accordance with Minnesota Pipeline Safety
law revisions effective January 1, 2006 the Developer will be responsible for installing a tracer wire
mechanism for all service lines in public right-of-way. The proposed tracer mechanism shall be approved
by the City prior to installation. All costs associated with furnishing and installing the tracers shall be the
Developer's responsibility. Before the Security for the completion of utilities is released, iron monuments
must be installed in accordance with Minn. Stat. 9505.02. The Developer's surveyor shall submit a written
notice to the City certifying that the monuments have been installed.
8. CONSTRUC1JfljV OlJSE)!.VATION. 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.
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 4
B. Documentation of construction work and all testing of Developer Installed
Improvements.
C. Field document as-built location dimensions for sanitary sewer, watermain and
storm sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as-
built record plans.
9. PEVELOPER 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 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
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 5
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 PERFORMANCIi. The Developer shall install all required public
improvements by December 31, 2006, with the exception of the final wear course of asphalt on streets.
The final wear course on streets shall be installed the first summer after the base layer of asphalt has been
in place for one freeze thaw cycle. If necessary, the Developer and the City shall consult about an
extension of time. If an extension is granted, it shall be in writing and conditioned upon updating the
Security posted by the Developer to reflect cost increases and the extended completion date.
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
appropriate by the City in conjunction with the development ofthe 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. 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
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Developer's and City's rights or obligations hereunder. The Developer shall be solely responsible for any
costs incurred by the City for erosion control measures. The Developer shall fully reimburse the City for
any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may,
without further notice to the Developer, draw down the Irrevocable Letter of Credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements. Due to the time sensitive nature of providing for erosion control, the
notice provisions set out in Paragraph 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 Uf!.. 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
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required clean up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in
Paragraph 38 shall not apply to notifications to the Developer under this paragraph.
15. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, 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 comers 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 Ql! DEVELOPER INSTALLED IMPJ?OVEMENTS. 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
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improvements. (Alternative): Pond shall be maintained in perpetuity by developer or homeowner's
association.
17. STREET MAINTENANC11. Developer shall be responsible for all street maintenance
until final written acceptance by the City of the Developer Installed Improvements. All private street
maintenance shall remain the Developer's and homeowners association in perpetuity. 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. CONSTRllCTION ACCES&. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Enclave Court. No construction traffic is
permitted through the adjacent local streets and residential area.
19. IMPROVEMENTS REOll[RED BEFORE ISS:.UANClJ_OF BUILDING PERMITS.
A. Grading, utilities, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. Grading as-
builts for the proposed building permit shall be approved prior to issuance of a building permit. Before a
building permit will be issued a minimum of one (1) active fire hydrant within 300 feet of the unit must be
available for fire protection. If building permits are issued prior to the acceptance of the Developer
Installed Improvements, the Developer assumes all liability and costs incurred as a result of the delays in
completion of the Developer Installed Improvements; including damages to Developer Installed
Improvements caused by the Developer, its contractors, subcontractors, material men, employees, agents or
third parties.
B. A temporary or permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
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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. CITY ADMINISTR.A Tl11N. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and
its Engineer on the status of or problems regarding the development of the Plat, project monitoring during
the warranty period, processing of requests for reduction in security, and any consulting or legal fees
incurred by the City. Fees for this service shall be four percent (4%) of the estimated construction cost as
detailed in Exhibit E, 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 OBSERVA TWN. 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 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.
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22. TRUNK STORMWATER ACREAGE CHARGE. The Developer shall pay a trunk
stormwater acreage charge of $12,750.00 for trunk stormwater improvements prior to the City signing the
final Plat. The amount was calculated as follows: 4.57 acres at $2,790.00 per acre. This charge was
determined by the Trunk Storm Water Fee Study adopted by City Council Resolution # 05-18 on January
18,2005.
23.
TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $25, 135.00
shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat.
The amount was calculated as follows: 4.57 acres at $5,500.00 per acre. This charge was determined by
the Trunk Water System Fee Study adopted by the City Council Resolution #05-07 on January 3,2005.
24. TRUNK SANITARY SEWER ACREAGE CHARGE. A trunk sanitary sewer trunk area
charge of $13,893.00 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: 4.57 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 $22,484.00 for street oversizing improvements prior to the City signing the final Plat.
The amount was calculated as follows: 4.57 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. PARK AND TRAIL DEDICATION. Park and Trail dedication requirements were satisfied
as part ofthe Development Contract for Jeffers Pond 1 st Addition. No additional dedication is required.
27. STREET LIGHTS AND OPERA TIONAL COSIS... 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
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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.
28. LANDSCAPING. Landscaping for this Plat shall comply with Plan D. The cost of the
landscaping requirements shall be provided by the Developer, subject to approval by the City. Subject to
approved Plan D, the Developer shall provide a financial guarantee based on an amount equal to 125% of
$51,815.00, the estimated cost, as set out in Plan D, to furnish and plant the required landscaping and
irrigation system. The City shall maintain the Security for at least one (1) year after the date the last
replacement tree has been planted. At the end of such year, or such longer period as the City determines to
be reasonable, the portion of the Security equal to 125% of the estimated cost of the replacement trees,
which are alive and healthy may be released. Any portion of the Security not entitled to be released shall be
maintained and shall secure the Developer's obligation to remove and replant replacement trees, which are
not alive or are unhealthy, and to plant missing trees. Upon completion of the replanting or planting of
these trees, the Security shall be maintained for at least one (1) year after the date of the replanting or
planting of these trees. If, at the end of this period, all of the required trees are alive and healthy, the entire
Security may be released.
29. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, the tree
removal on this site does not exceed the allowable removal. Therefore, no tree replacement is required.
30. 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")
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shall be in the form attached hereto as Exhibit B, from a bank for $364,393.00. The amount of the Security
was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Storm Sewer
Streets/Sidewalks/Trails
Street Signs
Landscaping
Tree Preservation and Replacement
Erosion Control (covered under grading permit)
$
$
$
$
$
$
$
$
25,717.00
56,434.00
35,610.00
121,438.00
500.00
51,815.00
0.00
0.00
291,514.00
X 1.25
364.393.00
Sanitary Sewer
Watermain
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
seven County Twin City Metropolitan area. The Security shall be for a term ending December 31, 2007
unless otherwise approved by the City Engineer. The Irrevocable Letter of Credit shall automatically renew
for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date
(which shall be January 1st of each year), the Bank delivers written notice to the Prior Lake City Manager
that it intends to modify the terms of, or cancel, the Irrevocable Letter of Credit. Written notice is effective
if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior
to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
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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.
31. REDUCTION Q,LSEClJRlIX. 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.
32. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$100,499.00 for City Deve1vpwent Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%)
$
11,661.00
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City Construction Observation (5%) $ 14,576.00
Trunk Stormwater Acreage Charge $ 12,750.00
Trunk Water Acreage Charges $ 25,135.00
Trunk Sanitary Sewer Acreage Charges $ 13,893.00
Street Oversize Acreage Charge $ 22,484.00
Park and Trail Dedication Fee $ 0.00
TOTAL CITY DEVELOPMENT FEES $ 100.499.00
33. W ARRANTl{.. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty workmanship.
The Developer shall post warranty bonds in the amount of twenty-five (25%) of the improvements as
security. The warranty period for streets is one (1) year. The warranty period for underground utilities is
one (1) year. The warranty period on Developer Installed Improvements shall commence on the date the
City Council adopts a resolution accepting the improvements. All punch list items must be completed and
"as-built" drawings received prior to the commencement of the warranty period. The retained Security may
be used by the City to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities. These standards are set out
in the Public Works Design Manual.
34. REIMBURSEMENT OF FEES FOR LOT 1. BLOCK 3. The Developer is deeding Lot 1,
Block 3, to the City for a future fire station site. The City agrees to reimburse the Development Fees for
that lot. City and Developer agree the total amount to be reimbursed to the Developer is $20,963.00. The
calculation for the reimbursement is attached as Exhibit D.
35. CLAIMS.
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A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Irrevocable Letter of Credit Security in an amount up to one-hundred twenty-five percent (125%) of the
claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any further proceedings as it pertains to the Irrevocable
Letters of Credit deposited with the District Court, except that the Court shall retain jurisdiction to
determine attorneys' fees pursuant to this Development Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of one-
hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance of less than one-hundred dollars
($100), the Developer shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Developer shall be awarded its costs and
disbursement, including attorney's fees incurred in bringing the action, from the Irrevocable Letter of Credit
or other security provided by the Developer to the City. (See Minn. Stat. ~471.425, Subd. 4a.)
36. RESPONSIBILITY FOR COSIS..
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
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B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
37. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Development Contract, "Event of Default" shall
include, but not be limited to, anyone or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all real estate property taxes and assessments with respect to the development property;
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations ofthis Develv!-,lUent 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 Develu!-,lUent Contract; (7) failure by the
Developer to renew the Irrevocable Letter of Credit at least forty-five (45) days prior to its expiration date;
(8) receipt by the City from the Developer's insurer of a notice of pending termination of insurance; (9) a
breach of any material provision of this Development Contract. With respect to this paragraph, "material
provision" shall be construed broadly to offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 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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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 Develup111ent 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 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:
Wensmann Realty, Inc., 1895 Plaza Drive, Suite 200, Eagan, Minnesota, 55122. Notices to the City shall
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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, 16776 Fish Point Road SE, 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. !NDEMNIFICATIO~. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
40. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 39 shall apply to said actions.
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
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Page 19
and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for
property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy
of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate
shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall
have expiration dates falling on June 30th or December 31 st of each year. Each insurance certificate shall
have the project name and City project number clearly shown.
42. RECORDING DEVELOPMENT CONTRACT" This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within ninety (90) days of the City Council's approval of the Development
Contract. The Developer shall provide the City with a recorded copy of the Development Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title
of the property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach ofthe foregoing covenants.
43. SPECIAL PROVISION~. The following special proVISIons shall apply to Plat
development:
A. CVlUpliance 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
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the City's current software and with layers, colors and line-types formatted in accordance with City
standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (11x17 inch) copy
shall be certified and submitted to the City.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
44. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity ofthe remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council which approval shall not unreasonably be withheld. The
Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or
more lots, the entire Plat, or any part of it.
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E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Develvpll1ent Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
proVISIons.
F. Jurisdiction. This Development Contract shall be governed by the laws of the State
of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Prank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this day of . 20
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 22
NOTARY PUBLIC
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
day of
,20
Page 23
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this
day of
.20
STATE OF MINNESOTA )
( ss.
COUNTY OF )
20
The foregoing instrument was acknowledged before me this
by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 24
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
I
I
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1'0"11- "
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_ # tls:wlll! ".:I~ II.! 31... ~! II ~ ~ "OIlS 21Il11S ~-s .:~:
J .",,~, ' " , '.> , - - " , "\-'
'Z '; 1 i 2 i 3; 4 5 ii 5 ~ 6; 7 i 8 5 9 i 10 ~ ~ . ~c
i ii' i i i j i , i ~ a ;a~~ t.J
UOll 1UO ..... -.00 - UOCI ;ga;Ill~ (.~
~1f' -- '~~;l:-::--- /!:,,~ ii~! I €i
~ __"t ..."" 21 2 t..,""SilODOr~"t 'Xl. 'ii Ei."
, .- a_, a_. ..1 ,,', r-~, a.~ ~, a_, ~~ ~ i j .-
f-! ~ , , '~i~' : ' ,'" " · ." .'.
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seoTTCOMl'Y1'JIEASUIIOt/NJllllOll
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L:\06 FILES\06 SUBDIVISIONS\FINAL\Jeffers Pond 3rd\final development contract.DOC
THIRD
ADDITION
-----
----
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EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER 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 ofDeve10oerl 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) fl.
, dated
,20_, of
b) Be signed by the Mayor or City Manager ofthe City of Prior Lake.
c) Be presented for payment at
(Address of Bank)
. on or before 4:00 p.m. on November 30, 20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
L:\06 FILES\06 SUBDIVISIONS\FINAL\Jeffers Pond 3rd\finaI development contract.DOC
Page 26
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person $2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAQE PROVIDED:
Operations of Contractor: YES
1:\06 ftles\06 subdivisions\final~effers pond 3rd\final development contract.doc
Page 27
Operations of Sub-Contractor (Contingent): YES.
Does Personal Injury Include Claims Related to Employment? YES.
Completed Operations/Products: YES.
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES.
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF UtE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE UtE EXr1KATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL l.tl.lKTY (30) DAYS WRITTEN NOTICE TO
UtE PARTIES TO WHOM TillS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 28
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
A. Reimbursement of Development Fees for Lot 1, Block 3
Fee Acres Amount Total
per Acre
I Trunk Stormwater Acreage Charge 1.29 $2,790 $3,599.00
Trunk Water Acreage Charge 1.29 $5,500 $7,095.00
Trunk Sanitary Sewer Acreage Charge 1.29 $3,040 $3,922.00
Street Oversize Acreage Charge 1.29 $4,920 $6,347.00
TOTAL REIMBURSEMENT $20,963.00
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 29
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
ENGINEER'S ESTIMA TE
FOR
JKFFERS POND 3RD ADDITION
IN
PRIOR LAKE, MINNESOTA
July 25, 2006
Contrlld Item
1Sec.1ion A.. Gl'lldlnll & Mbcellaneou. Sitework
IErosion Control Fence (Installed)
Common Excavation
:>.t~~ll~e Corre<.1ion (Measured)
Export Excess Common Excavation
ITemporary Seed & Mulch
&.-ed & Mulch
--~_. --
'~opsoil.~"::sp,,,a<I.....
Grovel Entrance
INPDES Compliance __
ITotaJ Gl'lldinll & MillCellaneous Sitework Contnoct Amount
LF
CY
___m__".__'_' _.
CY
CY
AC
AC
CY
EA
LS
Contract Item
ISection 8 .. Sanitary Sewer
~~CSDR35, 1O'-12'Depth
8:'PVC~1?R.35,1?'~14'P"p~1
6" PVC SDR 26 Service Pipe
PVC Service WYE
Sewer Manhole (0'-10' Depth)
ISanitary Sewer Manhole Extra Depth
1~.!'.itary~~~lll~'aShield
Seal Wrap Joints
Sanitary Sewer Manhole Infishields
Conncctto Existing Sanitary Sewer
fi~}:&~~i:'~~;;~~~~~-------,---,---~~=~~=,--,-
rTot~iS';;;ii~ryS~~~C;mi~~~i .Amount
Unit
Unit
U'
LF
LF
EA
EA
VI"
EA
EA
EA
EA
LS
LS
101 II; (:;,
I "Ii)
i,LI AUG ~
8y.___...
Unit Price
Bid Estimate
Quantity Amount
$2.00
$1.50
.........~-_._.__..._---- -....-
$2.00
$2.00
$4.00
$4.00
$2.50
$1,500.00
$5,000.00
$3.390.00
$6,240.00
......................... --......
$2,000.00
$5,160.00
$14.00
$14.00
$4,875.00
.. .................... ,-,
$1,500.00
$5,000.00
1695
4160
1000
2580
3.5
3.5
1950
I
1
TO'
$28,193.00
Unit Price
Bid Estimate
Quantity I Amount
$18.20
"_M_.__'_'_' "..__..
$18.20
.-..-........-....-.-.-.
$8.50
$65.00
$ 1.800.00
$90.00
$225.00
$85.00
$225.00.
mm~?'~()():()() .....
$100,00
$1,000.00
361
-..--.-.-..-..--. -..-...
94
..-.....-.-..-.........-
255
7
3
5
3
12
5
2
$6,570.20
$1,710.80
$2,167.50
$455.00
$5,400.00
$493.20
$675.00
$1,020.00
$1,125.00
. .J~,()()()-.QO
$100.00
$1.000.00
. .........................~.._........
$25,716.70
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 30
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
Contract Item
Section C . Watermain
16" D.!.P. Class 52
8" D.!.P. Class 52
Fire Hy~!~nt~~~'~Q!l.!.e.Y~IYt:
~~!:~: Fittings
2" Corporation Stop (lITigation Service)
2" Curb Stop & Box (lrrigationSerive)
~:' Copper (']"YP':':I<)~t:rvice Pipe (l.!rig~!!()r.l~t:I'yi~,:,)
I ,. Copper (Type-K) Service Pipe (Irrigation Service)
Ilrrigation Service Brass Fittings
Service Tee
4" D.I.P. PlulL.._._
4" DJ.P. Class 52 Watennain Service
4" Valve & Box
8" Gate Valve & Box
Relocate 8" Gate Valve & Box
Wettap Connect To Ex 12" Watemlain w/8" Gate Valve & Box
Watemlain Test
Unit
Unit Price
ITotal Watermain Contract Amount
ContrllCt Item
Section D .Stonn Sewer
15" RCP Class 5
18" RCP Class 5
21" RCPClass 4
21" wrrrash Gu.~rd
24"x36" Catch Basin
48."..Manhole (0'-10' Depth)..
48" Cateh ~asin Manhole (0'-10' Depth)
60" Catch Basin Manhole (0:., I 0' OI:pth)
Cateh Basin Emsion Control Inserts
RIP RAP Class III
4" Drain Tile
Drain Tile Cleanout
Reniove 18" RCP
Remove 15" RCP
Remove 24"x36" Cateh Basin
R<:ItI"v.e.0(;"..c:(t!"I1.I3~~ill.M~11I1l)I.<:....__
Unit Unit Prk'e
I
J
$22.85'
$25.00
$28.00
5900.00
$1,100.00
m. + __ mm ~l,5.?Q,()() ..
$1.590.00
$2.400.00
$250.00
$60.00
.JIIQ::>
$200.00
JI5.,QQ
$15.00
." _ $1,000.00
$1,000.00
I
LF
LF
LF
EA
EA
..EA
EA
EA ....
;
EA
CY
LF
EA
LF
LF
PA
EA
Total Storm Sewer Contract Amount
\:\06 files\06 subdivisions\fina\\jeffers pond 3rd\fina\ development contract.doc
Bid Estimate
Quantity Amount
16
932
2
1,010
1
I
35
1
7
7
267
7
2
-.-..------ "-~"-
1
2
--------i
$56,434.00
12
$288.00
---.-.---.-----
$21,902.00
$5,230.00
$2,020.00
$200.00
$175.00
$560.00
$150.00
$200.00
$1,400.00
$700.00
.......M....M...__..........._._..__
$4,539.00
$3,850.00
$1,720.00
$1,500.00
$11,000.00
$1,000.00
LF $18.00
LF $23.50
...--.-....-.-------.- -
EA $2,615.00
LB. $2.00
-------.--.-EA---'. $200.00
EA $175.00
.. L1'mL.. $16.00
LF $12.50
................................-.......
LS $200.00
EA $200.00
.... '.."__ .__.........._..__._u...___. .__._..._..._
EA $100.00
LF $17.00
EA $550.00
............ . . .......-... ---...--..... ...... ............, ..--................
EA $860.00
EA $1,500.00
EA $5,500.00
LS __$1,000.00
Bid Estimate
Quantity Amount
m.m~03'_~,2085~
27 $675.00
127 $3,556.00
I $900.00
2 $2,200.00
. ..mm mm. 2 . .$},18Q,(l(l
3 _._$.1.,770.00
I $2,400.00
6 S1.500.00
7 S420.00
125 $1.375.00
I $200.00
160 $2,400.00
55 $825.00
I SI,OOO.Ou
$1.000.00
mtm
i
$35,609.55
Page 3\
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
Contract Item
ISection E ' Streets
Mobili:z.ation
SlIogtade Preparation
24" Gmnulat Borrow (MnDOT 3149)
~': Clas~,' Q<J'il:S:rlls~<l~(~III?2"I"~131l)
2" BituminOl~S._I3.<'"" (MnDOTTy!.'."..~1 B)
Tack Coat (MnDOT 2357)
15" Bituminous Weal (MnDOTTypeA1B\
Concrete Mountable Curb & GUlleT
.---.....-----
Concrete B6 18 Curb & Gutter
Concrete Valley C'JUtler
~~..lIs.t Gate Valve Box
Adjnst Catch I3~.il1<:asting
Adjust Manhole Casting
Backfill Curb & Gutter and Grade Boult."Vard
Sod 3' Behind Back of Curb
Sawcut ExistinIlIli!l!n:!.I1~lIs
~enl()v<:I<)(is.tin!! Curb _
Remove and Dispose of Ex Bit S~ion tor Collnection
IReplace Bitumionus (Match eXIstmg section)
I Street Signs
Small Utility Conduit Crossings
LS
SY
Sy
SY
SY
GL
-.---- -_s.~
Unit
LF
LF
LF
EA
EA
Sy
LF
LF
Sy
SY
EA
EA
Bid Estimate I
Quantity I Amount I
I
Hg500~9.9 1 $2,500.00
..$0.50 3.465 _ _ u.m.50
$5.0() 3.464 _$i7,~?~ool
$6.20 3.0201 $18,724.001
$8.61 .______~~<l.i~rH$20,793.ISI
$4.00 142' $568.001
___...RH.. -------~4151 $17,170.651
$9.S0 1.63S'. $IS,S3_~..?Qj
$12.50 425 $S.3 I 2.501
$22.00 200 $4.400.~
I-- _ .$27S.oo _ :!. Hdfl!tool
$10000 ----------sl -~)I
$37S.oo ..--L $I,87S.00
$2,000.00 I $2.000.00
US 720JI.~OO'()o
$6.00 195: $1,170.02
19S,
2 0
2101
4!
5i
Unit Price
$10.00
$21.00
$250.00
$285.001
I
$2,100.00
~~!():(J()
$1,000.00
$1,42s.001
=1
ITotal Street Contract Amount
Sl21,438.30
'~ta} Grading Contract Amount
Total Sanl!ary Sewer Contract Amount
Total Watermain Contract Amount
Total Storm Sewer Contract Amount
ITotal Street C;;-~t':;'ctA~~~~t-
ITOTAL CONTRAcT AMOUNT
1:\06 files\06 subdivisions\final~effers pond 3rd\final development contract.doc
.__S~,193.00 __
~''''-7.16.11L.
$56,434.00 _
$35,609.5~
$. 1ll,4J8.J0
$267,391.55
Page 32
I
I
Overstorv Trees
Ornamental Trees
Evergreen Trees
Foundation Plantinqs
Irrigation
sod
,project Total
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
LANDSCAPE COST ESTIMATE
JEFFER'S POND 3rd ADDITION
Item
Quantity
Size
Price
18
18
15
(Lump Sum)
(Lump Sum)
(Lump Sum) I
2.5" B&B
1.75' B&B
6' B&B
$
$
$
350.000
200.000
215.000
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Total
$ 6,300.000
$ 3,600.000
$ 3,225.000
$ 17,190.000
$ 15,000.000
$ 6,500.000
$ 51,815.000 j
Page 33
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
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: 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 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 my1ars.
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 18, 2006, will render the
final plat null and void.
1:\06 files\06 subdivisions\final\jeffers pond 3rd\final development contract.doc
Page 34