HomeMy WebLinkAbout5D - Jeffers Pond 3rd Addn. Dev. Contract
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
OCTOBER 2, 2006
5D
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR JEFFERS POND 3RD
ADDITION
Introduction
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 townhomes, the school site and the park. Jeffers Pond 2"
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
This Development Contract includes $75,308.00 in development fees. Since
Lot 1, Block 3 will be deeded to the City for the fire station site, the City is
reimbursing the developer for a portion of the cost of the public improvements
serving this lot. The total reimbursement is $46,982.00.
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:
Fmn?:o!ALnager
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 January 2, 2007, 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 2ND DAY OF OCTOBER, 2006.
YES
NO
Haugen
Dornbush
Erickson
LeMalr
Millar
Haugen
Dornbush
Erickson
LeMalr
Millar
PI r:':;\fV, ,';I JRIJ!V!SJOhl:C;\F!NAI
Frank Boyles, City Manager
:id)~6~t&f?JpBeeake.com
Phone 952.440.9675 / Fax 952.440.9678
DEVELOPMENTCO~lKACT
JEFFERS POND 3RD ADDITION
PROJECT #EP06-158
This DEVELOPMENT CONTRACT is entered into this 2nd day of October, 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 pJ.vu.i.ses 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 PLA T 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, JE1<1<.hRS POND FIRST ADDITION, according to the recorded plat thereof, Scott
County, Minnesota.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Develvpment Contract, furnish the Security required by it, and record the
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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 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 Develvpment Contract has been fully executed by
both parties, 2) the necessary security, develvpment 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 appJ.vve Final Plats of subsequent phases if the Developer has breached this
Develvpment 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 a.ppJ.oves
Develvpment Contracts for such phases. Fees and charges collected by the City in connection with
infrastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Plat that are designated in an approved Preliminary Plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (1) year to subdivide the property into lots and blocks.
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6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development
Contract, but are incorporated by reference and made a part of this Develvpment Contract as if fully set
forth herein. If the plans vary from the written terms of this Develvpment 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, Develupment, 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 Develupment 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
I. Traffic Control Signs
J. Street Signs
K. Setting of Iron Monuments
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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 reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals livm 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 apl-lJ.vved
by the City prior to installation. All costs associated with furnishing and installing the tracers shall be the
Developer's responsibility. Before the Security for the completion of utilities is released, iron monuments
must be installed in accordance with Minn. Stat. ~505.02. The Developer's surveyor shall submit a written
notice to the City certifying that the monuments have been installed.
8. CONSTRUCTION OBSERVATION The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordancep
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.
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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. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built record drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie
dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City
consultants.) As-built record drawings shall follow the requirements set forth in the Public Works Design
Manual (pWDM). The as-built record drawings shall be submitted to the City for approval within six (6)
months of substantial base pavement course placement.
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved final plans and specifications. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole dis"'J.c.t~on 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 llVUl 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
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first. At the end of the one (1) year period Ii VJ.U 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. IlMft OF PERFORMANCE. The Developer shall install all required public
improvements by June 30, 2007, with the exception of the final wear course of asphalt on streets. The
final wear course on streets shall be installed the first summer after the base layer of asphalt has been in
place for one freeze thaw cycle. If necessary, the Developer and the City shall consult about an extension
of time. If an extension is granted, it shall be in writing and conditioned upon updating the Security posted
by the Developer to reflect cost increases and the extended cVJ.Upletion 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 develvl'J.Uent 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. 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 B and SWPPP. (No building permits will be issued until the Developer has installed silt-fence
behind the curb of all buildable lots). It is expressly understood that once silt fence has been installed it
shall be become the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by
the Developer's utility contractors.
14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted llV111
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 livUJ. 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 appJ.vved grading, develvpUJ.ent 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 f)F DEVELOPER INSTAL14ED 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 pJ.vperty. 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 MAINTENANCE. Developer shall be responsible for all street maintenance
until final written acceptance by the City of the Developer Installed Improvements. All private street
maintenance shall remain the Developer's and homeowners association in perpetuity. 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 subpara&(&}lh,
"street maintenance" does not include snow plowing or normal sweeping.
18. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Enclave Court. No construction traffic is
permitted through the adjacent local streets and residential area.
19. IMPROVEMENTS REQUIRED 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 (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 cumpleted 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 ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the DevelvpUlent Contract, consultation with Developer and
its Engineer on the status of or problems regarding the development of the Plat, project monitoring during
the warranty period, processing of requests for reduction in security, and any consulting or legal fees
incurred by the City. Fees for this service shall be four percent (4%) of the estimated construction cost as
detailed in Exhibit E, less oversizing costs outlined in Exhibit D, assuming normal construction and project
scheduling. Extraordinary costs incurred by the City over and above the four percent (4%) Administration
fee shall be billed to the Developer. Extraordinary costs are defined as costs resulting llUUl 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 Develupment 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 fiVUl 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 $9,151.00 for trunk stormwater improvements prior to the City signing the
final Plat. The amount was calculated as follows: 3.28 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 $18,040.00
shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat.
The amount was calculated as follows: 3.28 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 $9,971.00 shall be paid by the Developer for sanitary sewer trunk impJ.vvements prior to the City
signing the final Plat. The amount was calculated as follows: 3.28 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 $16,138.00 for street oversizing improvements prior to the City signing the final Plat.
The amount was calculated as follows: 3.28 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 of the Development Contract for Jeffers Pond 1 st Addition. No additional dedication is required.
27. STREET LIGHTS AND OPERATIONAL COSTS. The Developer is responsible for the
installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed;
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 al'PJ.u/ed 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, llvJ.U a bank for $364,393.00. The amount of the Security
was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer
Watermain
Storm Sewer
Streets/Sidewalksffrails
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
~64.393.00
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 appJ.vval 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 OF SECURITY. Upon receipt of proof satisfactory to the City that the
required portions of the Developer installed improvements have been satisfactorily completed and financial
obligations to the City have been satisfied, the Security may be reduced by seventy-five percent (75%) of
the financial obligations that have been satisfied upon written authorization by the City Engineer. Any
requests for reductions in the Security must be made in writing to the City Engineer and must be
accompanied by lien waivers from any contractor or subcontractor for the Developer. Twenty-five percent
(25%) of the Security shall be retained until all Developer Installed Improvements and other obligations
under this Development Contract have been cvmpleted, 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 cvmpleted
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 $75,308.00 for City Development Fees. The amount of the cash fee was calculated as follows:
Lll 'r DEVELOPMENT FEES:
City Administration Fee (4%)
$
9,781.00
1:\06 files\06 subdivisions\final~effers pond 3rd\revised final development contract.doc
Page 14
City Construction Observation (5%) $ 12,227.00
Trunk Stormwater Acreage Charge $ 9,151.00
Trunk Water Acreage Charges $ 18,040.00
Trunk Sanitary Sewer Acreage Charges $ 9,971.00
Street Oversize Acreage Charge $ 16,138.00
Park and Trail Dedication Fee $ 0.00
TOTAL CITY DEVELOPMENT FEES $ 75.308.00
33. WARRANTY. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Develvpment Contract against poor material and faulty workmanship.
The Developer shall post warranty bonds in the amount of twenty-five (25%) of the imp~uvements 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. OVERSIZIN~. City and Developer agree that the City should share in the cost of
Developer Installed Improvements benefiting Lot 1, Block 3. The City shall reimburse the Developer for
the costs associated with this work and as approved in this contract. City and Developer agree that the City
share of the cost to be reimbursed to the Developer is $46,982.00 based upon a cost estimate by the City
Engineer as determined by the Developer's engineer's estimate to be provided by the Developer and
application of the City's Assessment Policy based on a final engineering design. If the Developer does not
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Page 15
obtain competitive bids for the work the City Engineer may reject the estimate prices and use competitive
bid prices obtained from recent city projects. No additional oversizing compensation relating to this
Development Contract shall be made unless approved in writing by the City Engineer and ap}....vved by the
City Council. It is the Developer's responsibility to provide accurate estimates in accordance with the
ap....J.vved construction plans. The calculation for oversizing is attached as Exhibit D.
35. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Develv....ment 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 llvJ.U 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 DevelvpJ.Uent 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
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Page 16
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 COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Develvpment Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 13 and 14 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. Defmition. In the context of this Develvpment 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 p.lVperty;
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations of this Develupment Contract; (3) failure by the Developer to observe or perform
any covenant, condition, obligation or agreement on its part to be observed or performed under this
Development Contract; (4) transfer of any interest in the Plat without prior written approval by the City
Council. (For the purpose of this paragraph 37) The sale of a lot, except an outlot, to a builder is not an
event of default); (5) failure to correct any warranty deficiencies; (6) failure by the Developer to reimburse
the City for any costs incurred by the City in connection with this Development Contract; (7) failure by the
Developer to renew the Irrevocable Letter of Credit at least forty-five (45) days prior to its expiration date;
(8) receipt by the City llvm the Developer's insurer of a notice of pending termination of insurance; (9) a
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Page 17
breach of any material provision of this Development Contract. With respect to this paraoHl.ph, "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 ofPara&"'ph 38 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Develvpment Contract.
2. The City may cancel or suspend this Develvpment Contract.
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Develvpment Contract.
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Develvpment
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
develvpment under this Develvpment 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.
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Page 18
38. NOTICES. Whenever any paragraph in this Develupment Contract, with the exception of
para&aphs 13 and 14, 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
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. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, c.mployees, attorneys and rc.pJ.c.sentatives 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
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Page 19
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 warrantyperiod(s) on the
Developer Installed Improvements, public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may arise out of Developer's work or the
work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury
and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for
property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy
of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate
shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall
have expiration dates falling on June 30th or December 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 appJ.vval of the Develvl'J.uent
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 pJ.Vperty 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
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Page 20
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 "}'l-m')ving the final
Plat.
B. The Developer is required to submit the final Plat in electronic format. The
electronic format shall be compatible with the City's current software. In addition upon completion of the
project the Developer shall provide the City with as-built utility plans in electronic format compatible with
the City's current software and with layers, colors and line-types formatted in accordance with City
standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (11x17 inch) copy
shall be certified and submitted to the City.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
44. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federa1laws 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 develv}'ment work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
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Page 21
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Develvpment Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Develvpment Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and apYJ.oved 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 Develvpment Contract without the
prior written approval of the City Council which apYJ.vval 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 Develvyment 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 Develvpment Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or int\JJ.pJ.\J~ing any of its
proVISIOns.
F. Jurisdiction. This Develvyment Contract shall be governed by the laws of the State
of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
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Page 22
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.
NOTARY PUBLIC
STATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
,20
by
NOTARY PUBLIC
DRAFfEDBY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 23
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject pJ.vperty, the develupment of which is governed by the foregoing Develu}lUJ.ent Contract, agrees
that the DevelupUJ.ent 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\revised final development contract.doc
Page 24
E'UunIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
--
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ADDITION
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JEFFERS POND THIRD
_..._..__IS:____._.~..._.
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. IlQtOTlS'CUIl) iRaN lIIONVIlENT.
/IIO~"TlMI8Ol~AT~Y
srATI;lt _ It!;WlIlm - LO!:A-" I$OCATES
A "U.TliIQIrIl.lIClltft;Al.....1ESET AIIlO
-...<<Ql~J"IItIlP\.ACE"~(N:'!'EAR
Ol'MFl.JfrIt;Of"'lHEPlAT.~lIlOfWWEN!'S
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L:\06 FILES\06 SUBDIVISIONS\FINAL\Jeffers Pond 3rd\revised final deveLr.......t contract.DOC
Page 25
EXHIBIT "B"
SAMPLE IRREVOCABLE LE.l .I ER 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 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 ofBanld It;
. dated
.20-, of
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
(Address of Bank) , on or before 4:00 p.m. on November 30, 20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber OfClIulluerce 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\revised final development contract.DOC
Page 26
E:xt1udT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERUJ41CATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDmONAL 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
CO\'.E.RAQE PROVIDED:
Operations of Contractor: YES
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised 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 L....u.mity 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 DEDULuDLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF lUJ!; ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF lUJ!; ABOVE DESCRIBED POliCIES BE CANCELED BEFORE uu!. EJu.MTION
DATE 'lUJ!.REOF, lUJ!. ISSUING COMPANY WILL MAIL .n1ATY (30) DAYS WRIIIJ!.N NOTICE TO
lUJ!. PARTIES TO WHOM .mS CERunCATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Page 28
E~.J)IT "D"
TO
DEVELOPMENT CONTRACT
COSTS~GESTIMATE
FOR
JEFFERS POND 3RD ADDITION
IN
PRIOR LAKE, MINNESOTA
Septe..ber 18, 2006
CuAtnctI_
l BId _.....
Unll U.1t PrIee (lautIty I AlllOUIIl
LF SII.20 220 S4.G04.00
LF sa.SO 20 SI70.00
SA S6S.00 I S6S.00
SA '1,aoo.00 2 S3,6OO.00
SA $22S.00 2 1450.00
SA $15.00 I S6IO.OO
SA $22S.00 21 1450.00
EA S2.5OO.oo I S2,SC)0.00
LS '100.00 I '100.00
LS '1,000.00 0 5220.00
11III-.... ..
.'lJ~I.Jllwl
Sullu'y Sewer
I" PVC SOIl3S. 10'-12' Doolh
6. PVC SOil 26 Service Pipe
1"x6" PVC Senice WYB
SanilIIY Sewer MIuIhoIe (0'-10' DeodI)
SInI1IIy MIl Illttuh1eld
8001 WIIIP Joints
SanilIIY Sewer MaD/JoIe InllabIcIds
Connec:t 10 ~ SIIIItIrv S-
Teat SoDItIIv Sew..
TeIeYlac S..1tIry Sewer
TolaI Su*" Sewer Ea....1ed AIIIOWIl
I BId EaCIID.te
CuAtraet 1_ Vall UaIt PrIee QauUlf 1 Allloul
W.tanuI.
6" OJ.P. CIou S2 LF '11.00 10 SIIO.OO
I" DJ.P. CIus S2 LF. S23,S0 220 $$,170.00
D.I.P. Fittiap LB $2.00 320 S640.00
1"lo4" DJ.P. Service Tee SA S2OO.OO I S2OO.00
14. DJ.P. CIus S2 WOlllmlIin Senice LF '17.00 IS S25S.00
4" Gale Valve & Box SA $S50.oo I $S'O.OO
I. Gale Valve & Box SA SI6O.oo I ..00
1IaIaoate1" Oale Valve & Box SA 'IJOO.OO I '1,500.00
Iw\lIlIIp Conned To Ex I2"W" '" '" wIl"OaleValve&Box EA ""00.00 I ".500.00
IW~TeIl LS '1.000.00 I '1,000.00
I
ITotaI W._'" .......lodAmoul 11~
I BId ........
~U- Uall UIIIIPrlee 1 AIIIool
Slona Sewer
WIlCPCIaIlIS I LF 522." 232 SS,301.20
24"x36" CIlch \lulIl EA '1.100.00 I .1,\00.00
41" MIIIhoIe 10'-10' DooIb) ~ slm.oo I 'Im.oo
141" CIII:h!lllIn MIuIhoIe CO'-IO' DcDth) EA '1.590.00 I 11,:190.00
I CIlcb !III1n EnlaiOll ControIIDIerlI EA $250.00 3 $150.00
14" DraID nJo LF '1\.00 60 ~.oo,
I I
ITolaI SlornI Sewer __led Am""al 11..,,1.20
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Oly Shan
% l AlDMDt
SO% 52,002.00
100% '170.00
100% S6S.00
SO% SI,IOO.oo'
~ $9.00,
50% S340.oo
50% $22S.00
60% 11,500.00
50% S50.00
50% SIlO.OO
-S6.271.08.
Oly Shan
% 1 "-I
50% $90.00
50% $2"",00
'0% S320.00
100% $200.00
lo09i $2SS.OO
100% SSSO.OO
50% $430.00
50% $150.00
'0% $2,750.00
SO% $500.00
sa..co.oo
Oty Sllan
% 1 AlllOUIII
SO% $2.650.60
SO% "'0.00
SO% sm.OO
SO% sm.OO
SO% .m.oo
SO% 5330.00
S5.4HMJ
Page 29
E:xttudT"D"
TO
DEVELOPMENT CONTRACT
l BId 1lItIJaale iSbA
CeIItnetJtem Unit Unit PrIae (lwultllJ I Amouat % AIaoaat
s_
MobIIi2IdIoD LS $2.500.00' r $2,500.00' ~. 51,250.00
~p~ SY $0.30 1.490 $14:1.00 50% 1372.'0
24. 0IIII1II0r Borrow (MnDOT 3149) SY 15.00 1.490 $1.4'0.00 '0% 53.725.00
9"CIIA'IOO%CnIIbed(MDDOT313.1 BY $6.20 1.301 $1,.066.20 '0%1 $4.033.10
2.BItumlaous Booe (MnDOT'IYlIO 31B) sy 58.61 1.071 $9,221.31 50% ~610.66
TIck Colt (MnDOT 2357) OL $4.00 53 $212.00 '0% 5106.00
1.5" BltumiaouI W...(MnIXlt 'IYlIO 41B) SY $1.11 1.071 S?614JI 50% 13.107.41
COllcmd,f. .", ,. . Curl> &; Outler LF $9.30 59. SSMI.DC! 50% $2.Ml.50
c:onc- BtH. Curb" Galla' LF 512.30 144 51,IOO.I!l! 50% S9OO.00
ICoacrele V~ 0UItIr' LF $22.00 4:1 S990.00 '0%) S495.00
IAdjust GlIIIe Valve Box I!A $27'.00 1 $27'.00 '0% $137.50
'Miust Catch Buln c.tIng I!A 5100.00 2 $200.00 50% 5100.00
I AdJust MclhoIe Casllna I!A 137'.00 21 $1'0.00 50% 1375.00
i'B.ctnU Curb &; GulIer md ClIlIde Boulevlnl LS $2.000.00 1 $2.000.00 50% 51.000.00
I Sod 3' Behind Bed< ofCulb SY $2.30 247 5617.30 50% $308.75
I Sawcut Ex/itlDa Bi!lllllhtous LF 56.00 61 $401.00 50% S204.00
IReQIow BxIsIIn& Curb L1' 510.00 61 $610.00 '0% S340.00
IReQIowIlld ~ ofBx BIt SectioD for C ... ..:. BY 510.00 10' 51,050.00 50% $525.00
RellII<:e BItumIoous (Match aiIliD& sediocI) SY $21.00 105 S2,205.00 50% 51.102.50
ISINII SIpo EA $250.00 I. $250.00 50% 512:1.00
ISmon UtilitY Conduit Crooslnp EA $28$.00 31 SI55.00 50% $427.30
I
ITolaJ ~ lltaaled MaOWlt SSU7U2 526.711UI
TotIIlE,,,;,,,,,,. Prior Lake Share
IToIaJ 5PIl8ry Sewer lltaated MaOllllt $12,239.00 ~7LOO
Total W."""'''' _...._at SIU55.00 SI,43O.00
TolaJ Storm S...... JlItnIa... _Dt 110,991.20 S5,495M
ToIaJ Slnet 1Iim.... MaOUllt S53,57G.82 ~7lI5.41
TOTAL ESTIMATlD AMOUNT 192..656.02 ~,9810t
1:\06 files\06 subdivisions\final\jefIers pond 3rd\revised final development contract.doc
Page 30
E:xttlDIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUL llON COSTS
ENGINEER'S ESTIMATE
FOR
JE.l".l:fERSPOND 3RD ADDITION
IN
PRIOR LAKE, MINNESOTA
July 25,2006
C&Iltr8et Item
ISedIon A. Gradlnll: & MUceIJaD_ Sltework
IErosion Control Fence (Installed)
ICommon Excavation
ISubgrade Correction (Measured)
IExport Excess Common Excavation
ITemporary Seed &. Mulch
ISeed &. Mulch
1,!?,!,S4lil R/>spread
Otavel EnlJ1lnce
INPDE$ CoIllpiiance _
!Total GradIaR & MiIeeIIan_ Sltework C ,.., , .1 Amount
Contract Item
Sect/on B . San/ta~ Sewer
8" PVC SDR 35. 10'-12' Depth
~~ PVC SDR 35, 12'.14' Depth
6" PVC SDR 26 Service Pipe
8"x6" PVC Service WYE
.,...~_.""_'__'_H"__"_'_""___'_'_
Ssnilary Sewer Manhole (0'-10' Depth)
Sanitary Sewer Manhole Extra Depth
Sanitary MH Infrashield
ISeal Wrap Joints
ISanitary Sewer Manhole Infishield$
IConnect to Existing Sanitary Sewer
ITest Sanitary Sewer
ITelevise Sanilary Sewer
I
I
I
I
ITotal Sanitary Sewer Contract Amount-
1,~1 [! A~G'
_ ,J
~
'ill
~ ill
;!fi
L~J
("....;~.i4)
By ,___",_ .
Un/t
Unit Prlee I
Bid Estimate
Quantity I Amount
Lf
CY
CY
CY
AC
AC
CY
EA
LS
$2.00
$1.50
$2.00
$2.00
$4,00
$4.00
$2.50
$10500.00
$5.000.00
1695 $3.390.00
4160 $6,240.00
1000 $2,000.00
2580 $5,160,00
3.5 $14.00
3.5 $14.00
1950 $4,875.00
1 $1.500.00
1 $5.000.00
$28,193.00
B/d Estimate
Unit Unit Priee Quantity I Amount
LF $18.20 361 $60570.20
LF $18.20 94 $1.710.80
LF $8.50 255 $2,167.50
EA $65,00 7 $455.00
EA $1.800,00 3 $5.400.00
VF $90.00 5 $493.20
EA $225.00 31 $675.00
EA $85.00 12 $1,020.00
EA $225.00 5 $1.125.00
EA $2,500.00 2 $5.000.00
LS $100.00 1 $100.00
LS $1.000.00 1 $1,000.00
1
$25.716.70
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Page 31
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
Contl'llc:t Item
Section C . Watermain
6" OJ.P. CllISs 52
g" 0.1.1'. Class 52
IFire Hydrant w/6" Gale Valve
ID.l.p. Fittings
2" Corporation SlOp (Irrigation Service)
2" Curb Stop &. Box (TrrigationSerivc)
2" COppel" (In>.,~:1.9 Service Pipe (Irrigation Service)
I" COppel" (Type-K) Service Pipe (lrrigatioll Service)
Irrigation Service Brass Fittings
8"x4" D.I,p. Service Tee
4" 0.1.1'. Plug _
4" 0.1.1'. Class 52 Watenl1ain Service
4" Gate Valve &. Box
g" Gate Valve &. Box
Relocate g" Gate Valve &. Box
Wettap Connect To Ex 12" Watennain wIg" Gate Valve &. Box
Watermain Test
._ ___un . .....m_...
Total Watennaln Contract Amount
Contrllct Item
SectIon D . Stonn Sewer
115" RCF Class 5
Ilg" RCF Class 5
121" RCPClass 4
121" PES wrrrash Guard
124"x36" CatclJ Basin
48." ..Manhole (0'-10' Depth)
48" Calch Basin Manhole (0'-10' OIrolh)
60" CatclJ &sin Manhole (0:: 1 O'lJl,opth)
Catch Baain Emsion Control Inserts
RIP RAP Class III
4" Drain Tile
Drain Tile Cleanout
Reniove IS" ReI'
Remove 15" RCP
Remove 24"x36" Calch Basin
Remove 66" Catch Basin Manhole
Total Storm Sewer Contrllct Amount
I Bid Estimate
Unit Unit Price Quantity I Amount
LF $18.001 16 $288.00
LF $23.50 932 $21,902.00
EA $2,615.00 2 $5,230.00
LB $2.00 1,010 $2,020.00
EA $2(J().OO 1 $200.00
EA $175.00 1 $175.00
LF $16.00 35 $560.00
LF $12.50 12 $150.00
LS $200.00 I $200.00
EA $200.00 7 $1.400.00
EA $100.00 7 $700.00
LF $17.00 267 $4.539.00
EA $550.00 7 $3,850.00
EA r- $860.00 2 $1.720.00
EA $1,500.00 1 $1,500.00
EA $5.500.00 21 $11,000.00
LS $1,000.00 II $1,000.00
$56,434.00
B1dElItimate
Unit Unit Price Quantity I Amount
LF $22.85 403 59.208-55
LF $25.00 27 $675.00
LF $28.00 127 S3,556.00
EA 5900.00 I $900.00
"- EA $1,100.00 2 $2.200.00
.EA $1.590.00 2 $3.ISO.00
EA $1,590.00 3 $4.770.00
EA $2.400.00 I s2.400.001
EA S250.00 6 SI,5OO.001
CY $60.00 7 $420.00
LF $1100 125 SI.375.00
EA S200.00 I 5200.00
LF $15.00 160 $2,400.00
l.F $15.00 55 5825.00
p.~ 51,000.00 1 SI.OOO,OC>
EA 51,000.00 $1.000.00
I
I
....-.-..--...'''.... $35';609.55 ,--,-
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Page 32
E:xtt.nIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
COlltnd Item
Section E . Streets
Mobilization
,_.____ '.........~..~. ~M..~.____..~_
~.l.lbglade Preparation _
24" Omnulal Botrow (MnDOT 3149)
~': CI.as~_100<jl; Crushed (MnDOT 3138)
2" Bituminous Base (MnDOTType 31 B)
Tack Coat (MnDOT 2357)
I 5" BIl111l1inoUs Weal (MnDOTType.Affi~
Concrete Mountable Curb & Gutter
Concrete B618 Curb & Gutter
IConcrete Valley Gutter
~~~ Gate Valve Box.
Adjust Catch Basin Casting
IAdjust Manhole Casting
IBackfill Curb & Guller and Grade Bot!.~ard
Sod 3' Behind Back of Cllrll
Sawcut Existing Bitnlllinous
~~~~veExi~ Curb _
Remove and Dispose of Ex Bit Sec:tion tor Connection
Replace Bitumionus (Match eXlsung sectiQn)
!l'treet Signs
Ismail Utility Conduit Crossings
I Tot8.I.ShWt.COntJ.1ld AmOunt
To~ ~radlDl COlltraet Amollnt
Total s.nltary Sewer Qlntraet Amount
Total Watennaln Contract Amount
..........-....... -
Total Storm Sewer Cclntraet Amount
ITotalStnet C;';traet Amount
ITOTAL coN1iicr AMOUNT
Unit
UnltPric:e I
LS
Sy
Sy
Sy
SY
GL
-~
LF
LF
LF
EA
EA
.$2,500.00
...$0.50
$5.00
$6.20
$8.61
$4.00
_._.!T'~ ~
$9,50
$12.50
I $22.00
l- _ .$275.00_
I i"]-OO~
$375.00
$2,000.00
am
$6.00
SY
LF
LF
Sy
SY
EA
EA
.$10.00
$21.00
$250.00
$285.001
-..1-
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
BId EatJmate I
Qulllltity I Amouat 1
1
I $2,500.00
3.465 _ _ Sl.132.50
3.464 .$J:z.325.001
3.020. $18,724.001
2,415 $20.793.151
142 $568.001
2!.415 $17.170,651
1,635 $15,532.501
425 $5.312.501
200 $4.400.~
4 \iJOO.1lO
5 ..ssoo.ao
_._~ 0 $1,875.00
! _ $2.000.00
720 $I.~:.~
195 $ 1 .170.00
195
2 0
21~1
51
!
$2,100.00
$4.410.00
$1.000,00
$1,425.00
5121,438.30
S.~!~93.o0
U5.'l16.l1l-
556,434.00_
S3S,609.5S
SUl,4J8.30
$267,391.55
Page 33
Overstory Trees
Ornamental Trees
EVerareen Trees
Foundation PlantinQs
I rriQation
Sod
WrOject Total
EXHIBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
LANDSCAPE COST ESTIMATE
JEFFER'S POND 3rd ADDITION
Item
Quantity
Size
18
18
15
(Lump Sum)
(Lump Sum}
(Lump Sum)
2.5" B&B
1.75' B&B
6' B&B
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Price
Total
$ 350.000 $ 6,300,000
$ 200.000 $ 3.600.000
$ 215,000 $ 3.225.000
$17,190.000
$ 15;000.000
$ 6,500.000
$ 51,815.000 J
Page 34
EXurnIT "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: 1" = 800'; 1" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides financial security, acceptable to the City Engineer prior to release of the final
plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 90 days from the
date of final plat approval. Failure to record the documents by January 2, 2007, will render the final
plat null and void.
1:\06 files\06 subdivisions\final\jeffers pond 3rd\revised final development contract.doc
Page 35