HomeMy WebLinkAbout5G - Stonebriar Final Plat & Dev. Contract
MEETING DATE:
AGENDA#:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MAY 21,2007
5G
DANETTE MOORE, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL
PLAT AND DEVELOPMENT CONTRACT FOR STONEBRIAR
Introduction
Ryland Homes has filed an application for approval of a final plat to be known
as Stonebriar. The site is located south of CSAH 12 (170th Street), northwest
of MN TH 13, and east of Pheasant Meadow Lane. The proposal calls for a
residential development consisting of 32 single family homes and a park.
History
On January 2, 2007, the City Council adopted Resolution #07-005, approving
the preliminary plat for Stonebriar. The resolution listed the following as
conditions of approval:
a) The developer must obtain the required permits from any other state or
local agency prior to any work on the site.
b) The developer must revise the landscaping plan to provide two front yard
trees per interior lot and four front yard trees per corner lot.
c) The developer must revise the plans to address all of the Engineering
comments in the memorandum from Assistant City Engineer Larry Poppler
dated October 27,2006.
d) The developer must submit a Letter of Credit in an amount equal to 125%
of the cost of the required replacement trees.
Current Circumstances
The final plat of Stonebriar consists of approximately 10 acres to be subdivided
into 32 lots for single family dwellings and parkland.
Staff has reviewed the final plat and finds it to be in substantial compliance
with the approved preliminary plat.
The principal requirements for final plat approval include a signed
Development Contract with surety for the installation of utilities and streets and
the satisfactory completion of all preliminary plat conditions. The Development
Contract requires a security, in the form of a Letter of Credit, of $ 754,796.00
for the construction of the public improvements. It further specifies
development fees of $ 263,095.00 for the platted lots. A copy of this
development contract is attached to this report.
The developer is also required to enter into a separate Contract for the
Development of Land as a Planned Unit Development. This contract will be
considered as a separate agenda item.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
ReView~
Frank Boyles,
Approval of this final plat will allow construction of new dwelling units, which
will contribute to the City's tax base. The required development fees are
deposited into the appropriate City accounts.
The City Council has the following alternatives:
1. Adopt the resolution with conditions approving the final plat and
Development Contract for Stonebriar.
2. Deny the resolution approving the final plat.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1.
1. A motion and second to adopt a resolution approving the final plat and
Development Contract for Stonebriar and authorizing the Mayor and City
Manager to sign the Development Contract.
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -xx
Motion By:
Second By:
WHEREAS, On January 2, 2007, the City Council approved the preliminary plat known as
"Stonebriar", subject to conditions identified by Resolution 07-005; and
WHEREAS, The City Council has found that the final plat of "Stonebriar" is in substantial compliance
with the approved preliminary plat for "Stonebriar; and
WHEREAS, The City Council has approved the final plat of "Stonebriar."
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The final plat of "Stonebriar" is approved subject to the conditions set forth in this resolution.
3. The final plat of "Stonebriar" is subject to the following conditions, which shall be met prior to
release of and recording of the final plat:
a) Payment of all fees prior to release of the final plat mylars.
b) Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
c) Four mylar sets of the final plat with all required signatures must be submitted.
d) The developer must provide financial security, acceptable to the City Engineer prior to release
of the final plat mylars.
e) The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by August 21, 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 21ST DAY OF MAY, 2007.
Haugen Haugen
Hedberg Hedbera
Erickson Erickson
leMair leMair
Millar Millar
YES
NO
Frank Boyles, City Manager
SU BC) I'll S IONS\CYi FI Nf\L \Stoiwbria iJinWWW.citybfpni()tlake.com
Phone 952.447.4230 / Fax 952.447.4245
DEVELOPMENT CONTRACT
STONEBRIAR
PROJECT #07-106
This DEVELOPMENT CONTRACT is entered into this 21st day of May, 2007, by and between
the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and The Ryland Group, Inc., a
Maryland 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 Stonebriar (referred to in this Development Contract as the "Plat"). The land is legally described as
shown on attached Exhibit A which is incorporated herein as if fully set forth.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
L:\07 FILES\07 SUBDIVISIONS\07 FINAL\Stonebriar\draft Final Plat Dev Contract.DOC
Page I
3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply
to grading or other approvals set forth in Resolution No. 07-005, dated January 2, 2007, approving the
Preliminary Plat for Stonebriar.
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 PLAT STATUS. If the Plat is a phase of a multiphased preliminary Plat,
the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more
than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development
Page 2
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 --
Plan B --
Plan C --
Plan D --
Plan E --
Plan F --
Plan G --
Final Plat Stamp Dated May 10, 2007 (Prepared by Pioneer Engineering)
Final Grading, Development, and Erosion Control Planes) Stamp Dated
April 12, 2007 (Prepared by Pioneer Engineering)
Tree Preservation and Replacement Plans Stamp Dated April 27, 2007
(Prepared by Pioneer Engineering)
Landscaping Plan Stamp Dated April 12, 2007 (Prepared by Pioneer
Engineering)
Plans and Specifications for Developer Installed Improvements Stamp Dated
April 12, 2007 (Prepared by Pioneer Engineering)
Street Lighting/Signage Plan Stamp Dated April 12, 2007(Prepared by
Pioneer Engineering)
Trail Construction Plan Stamp Dated April 12, 2007 (Prepared by Pioneer
Engineering)
All plans set forth above are incorporated herein and made part of this Development Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. 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
Page 3
K. Setting of Iron Monuments
L. Sidewalks and Trails
M. Landscaping
N. Building Demolition
The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the
City staff, to review the program for the construction work. In accordance with Minnesota Pipeline Safety
law revisions effective January 1, 2006 the Developer will be responsible for installing a tracer wire
mechanism for all service lines in public right -of-way. The proposed tracer mechanism shall be 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. S505.02. The Developer's surveyor shall submit a written
notice to the City certifying that the monuments have been installed.
8. CONSTRUCTION OBSERVATION. The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance
with the Public Works Design Manual. These services by the City shall include:
Page 4
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
C. Field document as-built location dimensions for sanitary sewer, watermain and
storm sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as-
built record plans.
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built record drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie
dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City
consultants.) As-built record drawings shall follow the requirements set forth in the Public Works Design
Manual (PWDM). The as-built record drawings shall be submitted to the City for approval within six (6)
months of substantial base pavement course placement.
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved final plans and specifications. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine if
additional testing is necessary. The cost of additional testing is to be paid by the Developer.
E. Lot corners and monuments.
Page 5
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
first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
11. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by November 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 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 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
Page 6
with the erosion control plan and schedule or supplementary conditions imposed by the City, the City
may take such action as it deems appropriate to control erosion. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. The Developer shall be solely responsible for any
costs incurred by the City for erosion control measures. The Developer shall fully reimburse the City for
any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may,
without further notice to the Developer, draw down the Irrevocable Letter of Credit to pay 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 40 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.
Page 7
14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
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 39 shall not apply to notifications to the Developer under this paragraph.
15. GRADING PIAN.
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control planes), (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.
Page 8
16. OWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon completion
of the Developer Installed Improvements required by this Development Contract; (1) final written
acceptance by the City Engineer and, (2) adoption of a resolution of acceptance by the City Council, the
improvements lying within public right-of-way and easements shall become City property. The Developer
shall be responsible for all pond maintenance until written acceptance by the City of the Developer installed
improvements. (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 subparagraph,
"street maintenance" does not include snow plowing or normal sweeping.
18. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Trunk Highway 13 and CSAH 12 as permitted by
Scott County. No construction traffic is permitted on the adjacent local streets.
19. IMPROVEMENTS REOUIRED 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
Page 9
Installed Improvements, the Developer assumes all liability and costs incurred as a result of the delays in
completion of the Developer Installed Improvements; including damages to Developer Installed
Improvements caused by the Developer, its contractors, subcontractors, material men, employees, agents or
third parties.
B. A temporary or permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
been completed and the first lift of bituminous has been placed and said improvements have been inspected
and determined by the City to be available for use.
20. 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 Development Contract, consultation with Developer and
its Engineer on the status of or problems regarding the development of the Plat, project monitoring during
the warranty period, processing of requests for reduction in security, and any consulting or legal fees
incurred by the City. Fees for this service shall be four percent (4%) of the estimated construction cost as
detailed in Exhibit E, less oversizing costs outlined in Exhibit D, assuming normal construction and project
scheduling. Extraordinary costs incurred by the City over and above the four percent (4%) Administration
fee shall be billed to the Developer. Extraordinary costs are defined as costs resulting from change orders
applied to the project and costs incurred as a result of unknown conditions at the time of design, project
delays, or costs incurred in enforcing the terms of this Development Contract.
21. CITY CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction and
City consultant expenses. The Developer shall deposit an amount equal to five percent (5%) of the
estimated construction cost, less oversizing costs outlined in Exhibit D, for construction observation
Page I 0
performed by the City's authorized personnel. This amount shall be maintained by the City in escrow until
final acceptance of all Developer Installed Improvements by the City. Any balance remaining in the
escrow account will be returned to the Developer at that time. Extraordinary costs incurred by the City
over and above the five percent (5%) Construction Observation fee shall be billed to the Developer.
Extraordinary costs are defined as costs resulting from change orders applied to the project, project delays
or costs incurred as a result of unknown conditions at the time of design.
22. TRUNK STORMWATER ACREAGE CHARGE. The Developer shall pay a trunk
stormwater acreage charge of $24,775 for trunk stormwater improvements prior to the City signing the
final Plat. The amount was calculated as follows: 8.88 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 $48,840 shall
be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat. The
amount was calculated as follows: 8.88 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 $26,995 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: 8.88 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 $43,690 for street oversizing improvements prior to the City signing the final Plat. The
Page II
amount was calculated as follows: 8.88 acres at $4,920.00 per acres. This charge was determined by the
Transportation Plan Fee Study adopted by City Council Resolution #05-18 on January 18,2005.
26. SANITARY SEWER AND WATER CONNECTION CHARGE. The Developer shall pay
a sanitary sewer and water connection charge of $ 18,000 for connection to the sanitary sewer and water
systems prior to the City signing the final plat. The amount was calculated as follows: 150' at $120.00 per
front foot.
27. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an
amount of cash or land or a combination of both as established by the City. The required amount of
dedication of land or cash payment shall be determined by the provisions of Section 1004.1000 if the City
Subdivision Ordinance, or by the fee scheduled adopted by resolution of the City Council. The fee shall be
paid prior to the City signing the final Plat. The Developer shall provide the City with a warranty deed for
any land described as an outlot or a lot rather than park on the final plat. This Development Contract
requires the Developer to dedicate the 1.14 acres of parkland identified as "Park I" and Park 2" on the final
plat. As part of the park development, the Developer is responsible for grading, topsoil, turf establishment
and construction of the trails to the specifications provided by the City. The Developer must provide a trail
easement across Outlot D, as shown on the Final Plat. This easement must be recorded with the Final Plat.
28. 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
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.
Page 12
29. 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 of $70,278.00 based on an amount
equal to 125% of 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 final
landscaping 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.
30. TREE PRESERVATION AND REPlACEMENT. Subject to approved Plan C, and to the
provisions of Section 1107.2100 of the City Zoning Ordinance, the Developer shall replace 20 caliper
inches of trees on the site. These replacement trees are identified on the approved landscaping plan, Plan
D. The financial guarantee for these trees is included in the landscaping guarantee.
31. SECURITY. To guarantee compliance with the terms of thi,s Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the form attached hereto as Exhibit B, from a bank for $ 754,796. The amount of the Security
was calculated as follows:
Page 13
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer $ 117 ,079
Watermain $ 108,203
Storm Sewer $ 83,050
S treets/S idewalksrr rails $ 239,283
Landscaping/ Tree Preservation and Replacement $ 56,222
OradinglErosion Control (collected as part of grading permit #070-03)
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $
603,837
X 1.25
754,796
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, 2008
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, 4646
Dakota Street, 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
Page 14
completed at least thirty (30) days prior to the expiration of the Security, the City may draw on the
Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to cure the default.
32. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that the
required portions of the Developer installed improvements have been satisfactorily completed and financial
obligations to the City have been satisfied, the Security may be reduced by seventy-five percent (75%) of
the financial obligations that have been satisfied upon written authorization by the City Engineer. Any
requests for reductions in the Security must be made in writing to the City Engineer and must be
accompanied by lien waivers from any contractor or subcontractor for the Developer. Twenty-five percent
(25%) of the Security shall be retained until all Developer Installed Improvements and other obligations
under this Development Contract have been completed, including, but not limited to, all financial
obligations to the City, and the receipt of all required as-built street, utility and grading plans by the City.
Once the City has accepted the project, as-builts have been completed, all punch list items are completed
and warranty bonds submitted, the Irrevocable Letter of Credit may be reduced to 5%. Upon completion of
the warranty period the 5% Irrevocable Letter of Credit may be released.
In no event shall the five
percent (5%) Security be released until the Developer provides the City Engineer with a certificate from the
Developer's registered land surveyor stating that all irons have been set following site grading and utility
and street construction.
33. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of $263,095 for City Development Fees. The amount of the cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%)
City Construction Observation (5%)
Trunk Stormwater Acreage Charge
$
$
$
24,153
30,192
24,775
Page 15
Trunk Water Acreage Charges $ 48,840
Trunk Sanitary Sewer Acreage Charges $ 26,995
Street Oversize Acreage Charge $ 43,690
Sanitary Sewer and Water Connection Charge $ 18,000
Park and Trail Dedication Fee (see PUD Dev. Contract) $ 0.00
Street Sign at CSAH 12 $ 200.00
Escrow for Pond $ 46,250
TOTAL CITY DEVELOPMENT FEES $ 263,095
34. WARRANTY. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty workmanship.
The Developer shall post warranty bonds in the amount of twenty-five (25%) of the improvements as
security. The warranty period for streets is one (1) year. The warranty period for underground utilities is
one (1) year. The warranty period on Developer Installed Improvements shall commence on the date the
City Council adopts a resolution accepting the improvements. All punch list items must be completed and
"as-built" drawings received prior to the commencement of the warranty period. The retained Security may
be used by the City to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities. These standards are set out
in the Public Works Design Manual.
35. OVERSIZING. City and Developer agree that the Developer Installed Improvements
should be oversized for the benefit of future development. Oversizing is the construction of a Developer
Installed Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, road improvements, and off-site house removaVabatement. If the City Engineer determines that
Page 16
oversizing is required, 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 cost of system oversizing to be reimbursed to
the Developer is $24,000.00 based upon a cost estimate by the City Engineer as determined by the
Developer's consultant's estimate (Exhibit D) to be provided by the Developer and application of the City's
Assessment Policy based on a final engineering design. If the house removal and abatement exceeds
24,000.00, the Developer shall be reimbursed for the additional cost as approved by the City Engineer. If
the Developer does not 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 approved by the City Council. It is the Developer's responsibility to provide accurate
estimates in accordance with the approved construction plans. The calculation for oversizing is attached as
Exhibit D.
36. POND CONSTRUCTION. As a part of the County Road 12ffrunk Highway 13
Intersection Project, the County will be constructing a regional pond to handle the stormwater for the
County Road 12ffrunk Highway 13 Intersection Project and the Stonebriar development. The Developer is
responsible for escrowing their portion of the pond construction. This escrow is determined to be
$46,250.00 based on a calculation performed by the County's consultant. Any monies which were not
utilized during the construction of the regional pond will be returned to the Developer after the final
payment to the Contractor has been made.
37. ClAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
Page 17
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.)
38. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Development Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Page I 8
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.
39. 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 of this Development Contract; (3) failure by the Developer to observe or perform
any covenant, condition, obligation or agreement on its part to be observed or performed under this
Development Contract; (4) transfer of any interest in the Plat without prior written approval by the City
Council. (For the purpose of this paragraph 38) The sale of a lot, except an outlot, to a builder is not an
event of default); (5) failure to correct any warranty deficiencies; (6) failure by the Developer to reimburse
the City for any costs incurred by the City in connection with this Development Contract; (7) failure by the
Developer to renew the Irrevocable Letter of Credit at least forty-five (45) days prior to its expiration date;
(8) receipt by the City from the Developer's insurer of a notice of pending termination of insurance; (9) a
breach of any material provision of this Development Contract. With respect to this paragraph, "material
provision" shall be construed broadly to offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 39 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Development Contract.
Page I 9
3. The City may draw upon or bring action upon any or all of the Securities
provided to the City pursuant to any of the terms of this Development Contract.
4. The City may take whatever action, including legal or administrative action,
which may be necessary or desirable to the City to collect any payments due under this Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
development under this Development Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots in this Plat.
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements using the Irrevocable Letter of Credit to pay for the related costs.
8. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1-7 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
40. 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:
Page 20
The Ryland Group, Inc., 7599 Anagram Drive, Eden Prairie, Minnesota, 55344. 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, 4646 Dakota Street 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.
41. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
42. 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 40 shall apply to said actions.
43. INSURANCE REOUIREMENTS. 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
Page 2 1
work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury
and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for
property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy
of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate
shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall
have expiration dates falling on June 30th or December 31 st of each year. Each insurance certificate shall
have the project name and City project number clearly shown.
44. 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 of the foregoing covenants.
45. SPECIAL PROVISIONS. The following special proVIsIons shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat.
Page 22
B. The Developer is required to submit the final Plat in electronic format. The
electronic format shall be compatible with the City's current software. In addition upon completion of the
project the Developer shall provide the City with as-built utility plans in electronic format compatible with
the City's current software and with layers, colors and line-types formatted in accordance with City
standards. Additionally three (3) full size (22x34 inch) paper copies and one (I) reduced (llx 17 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.
46. 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 of the remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and 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.
Page 23
D. Assignment. The Developer may not assign this Development Contract without the
pnor written approval of the City Council which approval shall not unreasonably be withheld. The
Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or
more lots, the entire Plat, or any part of it.
E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
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.
Page 24
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
D~~:
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
ST ATE OF MINNESOTA )
( ss.
COUNTY OF 1-l(;1.J~z:.:Pi~ )
by ~TG:.V'&
,20n,
JOHN BERNARD CARDON, III
Notary Public
Minnesota
My Commission Expires January 31, 2011
Page 25
FEE OWNER CONSENT
TO
D VELOPMENTCONTRACT
, fee owners of all or part of
the subject property, the development of hich is governed by the fore oing Development Contract, affirm
and consent to the provisions thereof and a ree to be bound by the pr isions as the same may apply to that
portion of the subject property owned by the
Dated this _ day of
ST ATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument
20_, by
of
NOTARY PUBLIC
DRAFfED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
Page 26
MORTGAGEE CONSENT
TO
DE ELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of ich is governed by the fo going Development Contract, agrees
that the Development Contract shall remain . n full force and effect en if it forecloses on its mortgage.
Dated this _ day of
STATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was aclmo
20_, by
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
NOTARY PUBLIC
Page 27
, which/who has a
contract purchaser's interest in all part of the subject property, the deve opment of which is governed by
the foregoing Development Contrac hereby affirms and consents to the rovisions thereof and agrees to be
bound by the provisions as the same ay apply to that portion of th subject property in which there is a
contract purchaser's interest.
ONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
Dated this _ day of
,20_.
ST ATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was a
20____, by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 5537
Page 28
STONEBRIAR
KNOW ALL PERSONS BY THESE PRESENTS: Thill The R)4and Group, Inc., II loIC1f)1oncl ~vrpQroUan, r.. own..... of the folkJwlng
clhCtlbedpropertYlltuotedlnth.eo.mtyofScolt,SI1It.ofNlnn_ta,to1l'1l:
I Mrttly certlly that I hllYII--..r-doncl plGtwcl the prop.-ly d..crlbecl ClIl tIlllplGtOllSTOIEBRIAR,thlllthl, pklt III II
cOlT$C1 rcpr_tollon 01 the WNI)'; thot 01 dl.t.Gneell ore comIctl)' eI\own on tile plat tl fMt end hullCt'~'hs 01 0 toot;
:~t:~~~~~:UJ:~lIa~lri~ ~~~~~~:~'e:::~~:a;~~r:::::~~~:~ :: d.fh~
Thol Pllrt of thl NlII1h....t Qvortw of the Northlo,t Quart.,. 01 Secl10n 10. TlI......1p 114. Ron~ 22. Scott CouI'Itr.
t.lhnllJGto, d..wIlld 01 foIlowI; Com",."clng crt the north_1rl com.. at _Id North...! Quart... of the Ncrth_l
Ouarter. tn_. Ead. (o...med b......') 11101>1 the north lln, t.......,. 1I d1,tGflCll of J811.iO f..t; ~. South, II
dl.tllll~ 01 200.00 'HI to the Dd\laI point of beglnnl~ of the 10">4 III b, ~Id; th...." [lilt, II dl,tano;l of
170.00 ,..I: thence North, II dIItoncI of 32.00 leet: thenea [OIL III d1,tOllCI of 7"'.08 feet more or leu to the lOlt
11M of ..ad Ncrth_1 Quorl.. of thl NOIttI_1 Qy.Qrt., thBnCII ~th.rly a1on9 MIld _.1 line III thl lnt.....cllan "Ith
~1~U:)'"r:t~ ~~e-lo:. ~~~' ~:.H?:~~:-, 1~ :=:::.~:"r,,~~:n~~dO~~I~:~\O o~'
Ile9lonlnv; thence North 4 .9"'" 52 mNt.. 42 neon" W..t. I c1lt1tGnce 01 6118.13 ,..t 10 the point of DtIglnnln;.
Jot1nC.lG~,PtofeulonQIL.arlclSurve)W
Mhn..atG Ucen.. No. 1VII211
H... CGuHd the .ome 10 be ........)WCl end plott~ a. ST"O'oIEBRlAA ond d_ ......y donate ond clltckate to the publlo: for
public UN '01'1I"'" the eot..,entl 01 mown on till. plat for <<-'o'lle and IItlllty purpOl.. onty """ 01... dedicate Pork 1
OIId PlIl'll 2 to the CIty of Prlllll" LclM.
STATE Of MINNESOTA
OOl.OITY Of
In w11n... wtlereo'lCIlcl TheR)4and Graup, Inc."llllr)1l1OC1 ClIlllanltrOfl.hll'lclluledth_PT.lIInlllalM
.~ by lie praper oHk:CIl' tIIle _ day a' -----,20-,
The ~'IISurv.)'lI"'.C..-tlflcoote,,"adcna'&'\ecllfedlHlforemelh'-_dayof~20-,
by John C.LorRll,"'In_taUcen..No. 1tll28.
HotaryPWITc
lIy Commlnlon bpII'M
Counly,IIHIVI8IOto
1HE RYLAND GROUP. INC.
CITY COUNCIL
CITY OF PRIOR lAKE
STATE OF MINNESOTA
COUNTY or
.'>"
ManCJ'ilet
m
X
I
'"
Th18 plot of STOHEBRIAR ... opprvvecl ond oc:cepted by the aty Councl af tile CIl)' of PrIor Lak.. 11m_to
at a rlI9U1ar meetlnt thereof held thll_ doyof ___ 20--, and plllllUont 10 1ll.5..A. ~.D3 Subdv.2,
., ore In tonformanee.
SCOTT COUNTY SUR'vi:YOR
lh, loreooln9 InIINm..,t _ ocllnowledlled be'ore me thle _ doy 01 20~
by the of TheR)'IandCroup,Ine.,o ",...)'Iend
Corporation on benal' 0' the corparllllon.
PllfWUant 10r.4lnnnoto Stotule., SecllcmJeSl.llf,Subcl. t,ae<<nen4ed,It'''p1olh...b",,,,'''''.edllfHlllp pro.-eel
tI'l"_dcIyot 20-,
Scott CoII/lty5urwrK
-
Sfgnedby:
M,lIty
llJ
-
--I
)>
SCOTT COUNTY TREASURER / AUDITOR
Notary PllIIlIo
My Commlnlon &phe
County, Mlnn"ala
1 h....by certify tIIot the current and delinquent ta~" lIfl the klnde d.....-ib.d ..Ithln are poId and the tnr..,...
Isenl....dthla_doyol
"-
SCOTT COUNTY RECORDER
l"ereby_Ufylllotlh;.ptatwoelil<llnthleolr",ethl. doYDf
20_____ at _ o'dock _.1.1. o. OocYmenl No.
ScoUCollntyRltCOrder
mlE @ [E 0 \VJ [EWi',
IW MAY 1 0 Z007 ~J\
I:y -
~I.!::JEE!~neering
SHEET 1 OF' 2 SHEETS
I ~ !2' I 'RO AODITlON 13~ ;< I CI~A~~VJt~86 I WILLOWS SIXTH I 15..!2' I ADDITION ...L WESTEDGE ESTATES
z "<< 'MLLOWS v '" .. VI ~NJlQt.!l!illihL L I -J <( L - - - - - - - - - - _ _
___..J~ ...JL____________~ <( L ---------.,7 ~ ...J
~~NCfl'I...1/4 COUNTY STATE AID HIGHWAY NO.12\. (170TH STREET) _~~..../,. 2&~22 A ......~~.NtCOlKRCF1H[
:. ---_io~':~---li~---------~~--- ---:;4-~~Q1J- CWN.IL..BLQ.~Qf...JJ.A,(.E1.~J.llO"'-~4fI~:;~':'::':::--- ------------~------------------,__--~ ~ ~ ~~~
'~,;~,rE4~~.Y;! / \\ ......,
(SCOTTcoutl'TY~l) I / \\ --.r----------..3.....------~---l
~\ /~-+s------_--LI,~~-;::;.r--- I
!~ t-S ( I";;B I
/;'" ~I I I I>-C~ I ~~~ I I
-F;f/ II~ ~\Cy.. I /:~;!' I I
//'(-0,*-'/ lig .."co~ OUTlOTA '~~18~2.1 I
~4.;<::Jo / II '" t: 0
/ <.( ~'?'/ I OUTlOT B,s;!'
I ~ ,/ EAST 175.00
I
/
I
"'-<.
,,~
<:,0
0-0
SG
~'t--<'
O~
,,,,y.'"
<<'
/
$
:;:
"
III
..,'0
~O.
</'v't-'"
-0 W
:I r
rn
)> ~
If) $
)> ~
z r /'
--1
~ i ,.-
s: ,.-
~ /
['1 ,.-
)> 8 /
CJ ,.-
0 ,.-
:E
tv
Z
CJ
)>
CJ
CJ
:::i
o
z
i---W--'l
: \~: \tIt.:
! 'I-~' : '1-,,-' II
f------+-------J
: \'0<.: \'0<.:
! c,~' ! c,<'" !
L_____--Ln___J
PHEASANT TRAIL~
i
! ,.-"-
I ,.- ~0
// O~
: ,.- 0--<'-
I ,.-"----
r..-;/ -- --.......
/t ~
// ~ /---........
,.-/ 1/"-
,.- ~ /:
,.- C\.: / I
/ / c,\~ /,.--\
/,.- \\)\>-,.-/ +-o~
,.-/ ./"- 0(;
,.- ./
/ ,.-
..--\ /"
// \ /: (
,.- \ 0
,.-,.-/ :\\0'" \ ~(1 \
,.-"- \>-'V'V\ \ % \
/ ,.- :\ \>-\... \ 0
(' G~-(0 -0
,.-/\
,.-/ \
/
/'"
,.-./$TARK\
,.- ADDITION \
"'"
-0
:I
rn
)>
If)
)>
Z
--1
s:
['1
)>
CJ
o
:E
J'
"'" <"
(1
\>-'?-\) I
0\"x..'-l
<00
O,?-'V
G\
\.\..\>-'"
.~
(~OUTl?;..:.,~
: .
: 'I ~
\ 2Cl'~3 i
\~
J<<)TlliJ~
/
/
/
/
/"
SECTION 10. T'M". 114. RGE. 12
LOCA~"AP
STONEBRIAR
DRAINAGE AND UTlUTY
EASEMENTS ARE SHOWN lHUS:
II
'-11
. L..
_____]____J L____L_____
BEING 5 FtrT IN MOTH, AND AOJOlNING SIDE
LOT LINES UNLESS 01l1ERWlS[ INDICA TED, AND
10 FEET IN WIDTH AND AO.JaNING FRONT LOT
UNES AND REAR LOT LINES UNLESS OTHERMSE
INOICA1EO ON THE PLAT.
DENOlES FOUND IRON MONUMENT,
BEARINGS ARE BASED OW THE NORTH lINE or THE
NWl/<f OF lHE HE 1/4 or SEC, 10, T. 114, R. 22
YIHICH IS ASSUMED TO HAVE II BEARING OF EAST.
NO t.4ONUt.4ENT SYMBOL SHOWN AT ANY
ST....TUTE - REQVIRED - LOCAllON. INDICATES
A PlAT MONUMENT THAT WILL BE SET AND
'MilCH SHALL BE IN PLAa: WITHIN ONE '!'EAR
Cf' THE FlllNG (J'" THE PLAT. SAID MONUMENTS
SHALl BE 1/2 INCH X 14 INCH IRON MONUMENTS
hl"RKEO BY UCENSE NUt41ER 19828.
LW i
1(0) fE @ fE II ITl fE rnJ
UIJ MAY 1 0 2007 IJ)J
By
==--------
PI aNEERengineering
aoL__ .-..- .-_ ~.......
SHEET 2 OF" 2 SHEETS
EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name of Develooer) 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) 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,
4646 Dakota Street SE, 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
Page 3 I
EXIDBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
4646 Dakota Street SE
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
COVERAGE PROVIDED:
Page 32
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed OperationslProducts: 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 THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
Page 33
EXHIBIT D
650 Quaker Avenue · P.O. Box 69 · Jordan, MN 55352
Phone: 952.492.5700 · Fax: 952.492.5705 · www.smhentges,com . e-mail: mailbox@smhentges.com
May 10, 2007
Ryland Homes
Matt DuCett
7599 Anagram Drive
Eden Prairie, MN 55344
Re: House Demolition of 3 63 I 170th Street SW in Prior Lake
Dear Matt:
S.M. Hentges will demolish the house at the above address for a sum of $24,000.00. This price
includes $ I 0,200.00 for vermiculite asbestos removal and $13,800 for the house demolition and
the capping of the sewer and water connections.
Thanks,
Nate Hentges
Proj ect Manager
Equal Opportunity Employer
EXHIBIT E
GRADING ENGINEER'S ESTIMATE
FOR
STONEBRIAR
IN
PRIOR LAKE, MINNESOTA
February 2, 2007
FEBf~
" ')OlI7
(_ .,; . I
Bid Estimate
Contract Item Unit Unit Price Quantity Amount
Section A - Grading & Miscellaneous Sitework
Heavy Duty Erosion Control Fence (Installed) LF $1.75 4306 $7,535.50
Common Excavation CY $1.75 41777 $73,109.75
Subgrade Correction (Measured) CY $1.75 4500 $7,875.00
On-Site Borrow (Sand for Street) CY $1.75 5756 $10,073.00
Seed & Mulch AC $500.00 10.4 $5,200.00
Clear & Grub AC $6,000.00 0.6 $3,600.00
Topsoil Re-spread CY $1.25 7721 $9,651.25
Gravel Entrance EA $1,500.00 1 $1,500.00
Retaining Walls (Molular Block) SF $20.00 635 $12,700.00
Remove Existing Building EA $1,500.00 3 $4,500.00
Erosion Control Blanket SY $1.40 3840 $5,376.00
Sod Swales and EOF Swales SY $3.50 1730 $6,055.00
Silt Fence Around Sodded Swale Areas (Light Duty Fence) LF $1.50 2170 $3,255.00
Fiber Roll LF $2.50 250 $625.00
Seed Infiltration Area AC $1,600.00 0.2 $320.00
Soil Mitigation (Till Per Plan) AC $1,500.00 1.4 $2,100.00
Infiltration Planting Medium CY $10.00 425 $4,250.00
Seed Natural Area AC $900.00 0.65 $585.00
Temp Seed As Needed AC $500.00 5.2 $2,600.00
NPDES Compliance (Estimated) T&M $2,500.00 1 $2,500.00
Total Grading & Miscellaneous Sitework Contract Amount $163,410.50
ITOTAL CONTRACT AMOUNT
$163,410.50
ENGINEER'S ESTIMATE
FOR
STONEBRIAR
IN
PRIOR LAKE, MN
February 2, 2007
Bid Estimate
Contract Item Unit Unit Price Quantity Amount
Section A - Sanitary Sewer
8" pve SDR 35,0'-10' Depth LF $21.00 164 $3,444.00
8" pve SDR 35, 10'-12' Depth LF $22.00 82 $1,804.00
8" pve SDR 35, 12'-14' Depth LF $23.00 301 $6,923.00
8" pve SDR 35, 14'-16' Depth LF $24.00 243 $5,832.00
8" pve SDR 26,0'-10' Depth LF $30.00 42 $1,260.00
8" pve SDR 26, 10'-12' Depth LF $32.00 34 $1,088.00
8" pve SDR 26, 12'-14' Depth LF $35.00 27 $945.00
8" pve SDR 26,14'-16' Depth LF $37.00 25 $925.00
8" pve SDR 26,16'-18' Depth LF $42.00 34 $1,428.00
8" pve SDR 26, 18'-20' Depth LF $45.00 228 $10,260.00
8" pve SDR 26,20'-22' Depth LF $50.00 226 $11,300.00
8" pve SDR 26, 22'-24' Depth LF $52.00 216 $11 ,232.00
8" D.I.P. Class 52 LF $50.00 20 $1,000.00
4" pve SDR 26 Service Pipe LF $10.00 865 $8,650.00
4" pve SDR 26 Riser Pipe VF $15.00 139 $2,085.00
8"x4" pve Service WYE EA $125.00 32 $4,000.00
Sanitary Sewer Manhole (0'-10' Depth) EA $1,950.00 13 $25,350.00
Sanitary Sewer Manhole Extra Depth VF $100.00 75 $7,500.00
Sanitary MH Infrashield EA $250.00 13 $3,250.00
Seal Wrap Joints EA $85.00 39 $3,315.00
Outside Drop Section VF $325.00 9.5 $3,087.50
Connect to Existing Sanitary Sewer EA $1,500.00 1 $1,500.00
Televise Sanitary Sewer LS $900.00 1 $900.00
Total Sanitary Sewer Contract Amount $117,078.50
Bid Estimate
Contract Item Unit Unit Price Quantity Amount
Section B - Watermain
4" D.I.P. Class 52 LF $22.00 32 $704.00
6" D.I.P. Class 52 LF $24.00 70 $1,680.00
8" D.I.P. Class 52 LF $26.00 1885 $49,010.00
Fire Hydrant w/6" Gate Valve EA $3,120.00 6 $18,720.00
D.I.P. Fittings LB $2.50 3125 $7,812.50
1" Corporation Stop EA $125.00 33 $4,125.00
1" Curb Stop & Box EA $125.00 33 $4,125.00
1" Copper (Type- K) Service Pipe LF $13.00 955 $12,415.00
2" Corporation Stop EA $250.00 1 $250.00
2" Curb Stop & Box EA $325.00 1 $325.00
2" Copper (Type-K) Irrigation Service Pipe LF $30.00 20 $600.00
1.5" Copper (Type- K) Irriagation Service Pipe LF $25.00 12 $300.00
4" Gate Valve & Box EA $650.00 1 $650.00
8" Gate Valve & Box EA $1,065.00 6 $6,390.00
Connect To Existing Watermain EA $1,500.00 1 $1,500.00
Waterrnain Test LS $300.00 1 $300.00
Total Watermain Contract Amount $108,202.50
Bid Estimate
Contract Item Unit Unit Price Quantity Amount
Section C - Storm Sewer
15" RCP Class 5 LF $23.50 1105 $25,967.50
27" RCP Class 3 LF $46.00 42 $1,932.00
15" PVC SDR 26 LF $20.00 305 $6,100.00
27" PVC SDR 26 LF $29.00 272 $7,888.00
15" CMP LF $20.00 81 $1,620.00
15" CMP PES w/Trash Guard EA $600.00 5 $3,000.00
27" RCP PES w/Trash Guard EA $1,500.00 1 $1,500.00
27" Diameter Catch Basin EA $1,200.00 1 $1,200.00
24"x36" Catch Basin EA $1,200.00 2 $2,400.00
48" Catch BasinManhole (0'-10' Depth) EA $1,650.00 12 $19,800.00
66" Manhole (0'-10' Depth) EA $2,900.00 1 $2,900.00
Pond Outlet Control Structure (See Detail) EA $3,000.00 1 $3,000.00
RIP RAP Class III CY $75.00 8.7 $652.50
4" PVC Perforated Drainti1e LF $14.00 120 $1,680.00
PVC Draintile Cleanout EA $250.00 2 $500.00
Scour Stop 4'X8' Units w/seeding EA $250.00 3 $750.00
4" Draintile (In Street) LF $12.00 180 $2,160.00
Total Storm Sewer Contract Amount $83,050.00
Bid Estimate
Contract Item Unit Unit Price Quantity Amount
Section D . Streets
Mobilization LS $2,500.00 1 $2,500.00
Subgrade Preparation SY $0.80 5787 $4,629.60
24" Granular Borrow (MnDOT 3149) SY $8.50 5787 $49,189.50
6" Class 5 100% Crushed (MnDOT 3138) SY $4.50 5787 $26,041.50
2.5" Bituminous Base (#2331, MnDOT Type 31B) SY $8.20 4667 $38,269.40
Tack Coat (MnDOT 2357) GL $3.00 270 $810.00
IS' Bituminous Wear (#2331, MnDOT Type 41B) SY $7.45 4667 $34,769.15
Concrete Mountable Curb & Gutter LF $10.00 3276 $32,760.00
Concrete B618 Curb & Gutter LF $14.00 273 $3,822.00
Adjust Gate Valve Box EA $275.00 6 $1,650.00
Adjust Catch Basin Casting EA $100.00 12 $1,200.00
Adjust Manhole Casting EA $375.00 13 $4,875.00
Backfill Curb & Gutter and Grade Boulevard LS $1.00 1 $1.00
5'x6" concrete Sidewalk w/4" Granular Bedding SF $3.25 5265 $17,111.25
Sod 3' Behind Back of Curb SY $3.50 1185 $4,147.50
Concrete Pedestrian Ramp EA $450.00 6 $2,700.00
6" Class 5 100% Crushed Limestone for Bituminous Path SY $4.50 1318 $5,931.00
2.5" Bituminous Path (#2331, MnDOT Type 41A) SY $8.20 1063 $8,716.60
Tack Coat (MnDOT 2357) GL $3.00 53 $159.00
Total Street Contract Amount $239,282.50
Total Sanitary Sewer Contract Amount $117,078.50
Total Watermain Contract Amount $108,202.50
Total Storm Sewer Contract Amount $83,050.00
Total Street Contract Amount $239,282.50
TOT AL CONTRACT AMOUNT $547,613.50
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: 1" = 800'; 1" = 200'; and
one reduction at no scale which fits onto an 8112" 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 developer must provide a trail easement across Outlot D, as shown on the final plat. This
easement must be recorded with the final plat.
7. 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 August 21, 2007, will render the final
plat null and void.
Page 40