HomeMy WebLinkAbout8 - Forest Oaks & Forest Cir First Additon
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
8
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONTINUE PUBLIC HEARING ON IMPROVEMENT PROJECT
93-13, FOREST CIRCLE AND FOREST OAKS 1ST
ADDITION
MAY 17, 1993
INTRODUCTION:
The purpose of this Agenda item is to conduct
a Public Hearing for Project 93-13 and to
consider the adoption of Resolution 93-29.
BACKGROUND:
On February 16, 1993, the Council approved
both the Feasibility Study for the ~roject and
Resolution 93-05 calling for a Publ1C Hearing
on the improvement project.
This project was initiated br the developer,
Mr. Robert Paschke, who 1S proposing to
develop eight (8) single family residential
lots along Forest Circle and Fish Point Road.
The Public Hearing for the Forest Oaks 1st
Addition plat and ~roposed public improvements
were to coincide w1th each other on April 5,
1993. The developer did not submitted all of
the necessary information for the plat to be
reviewed by Staff, the Planning Commission,
and the City Council.
The public improvement
1993 was opened by the
continued by Council
Council Meeting.
This improvement involves the installation of
sanitary sewer, watermain, storm sewer, and
street paving for an eight (8) lot
subdivision. To serve the development, the
private road of Forest Circle is proposed to
be improved with concrete curb and gutter,
storm sewer, and street paving. This street
would also be dedicated, as a public street as
a condition of the plat. There are three (3)
existing residential homes off of Forest
Circle that are affected by the project.
Attached to this Agenda report is a location
map showing the affected existing lots and
proposed subdivision lots.
hearing for
City Council
to the May
April 5,
and then
17, 1993
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447,4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
DISCUSSION:
ALTERNATIVES:
The developer has since submitted the
necessary submittals in order for the plat and
the improvement project to be reviewed by
Planning and Engineering staff. The develo~er
has entered into the attached agreement wlth
the residents on Forest Circle in which their
assessments will not exceed $2,000.00 per
individual residence. In the feasibility
report, the street assessment for the
residential properties off of Forest circle
were estimated to be $4,300.00 per lot.
Mr. Paschke has verball~ agreed to sign a
Developer's Agreement w1th the city and a
Waiver and Release of his assessment appeal
rights when he returns home on Thursday.
Copies of these documents are enclosed for
Council review.
The developer has requested that the City
construct the improvements. The Developer's
Agreement requires the developer to pay 25% of
the project cost at the time of executing the
Developer's Agreement plus all fees. These
are outlined in the Developer's Agreement.
The Council should receive and consider the
impact from affected property owners of the
proposed improvements. Based on the input
received at the hearing and all other relevant
factors, the Council can discuss if the
project merits approval at this time.
Resolution 93-29 is attached which orders the
improvement and the preparation of plans which
would be done by the City's engineering
consultant, Maier Stewart & Associates, Inc.
Approval of Resolution 93-29 is in order if
the project is to proceed.
The alternatives are as follows:
1. Adopt Resolution 93-29 ordering the
improvement and preparation of plans for
Project 93-l3. Approve a second motion
to authorize the Mayor and City Manager
to sign the Developers Agreement is also
in order.
RECOMMENDATION:
2. Deny approval of Resolution 93-29 and
abandon Project 93-13 at this time.
3. Table this item for a specific reason(s).
staff has no recommendation as to whether the
project should be approved or not. Action on
the Resolution should be withheld until after
the Public Hearing and comments have been
received by the property owners.
FINANCIAL IMPACT: The cost of the project will be recovered
through special assessments.
ACTION REQUIRED:
The action required will be to make a motion
to approve or deny Resolution 93-29. Approve
a second motion to authorize the Mayor and
City Manager to sign the Developers Agreement
is also in order.
RESOLUTION 93-29
RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS ON
FOREST CIRCLE AND FOREST OAKS FIRST ADDITION (PROJECT #93-13)
MOTIONED BY
SECONDED BY
WHEREAS, pursuant to Resolution 93-05 which the City Council
adopted on February 16, 1993 calling for a Public
Hearing to be held on the proposed improvement of Forest
Circle from Fish Point Road to end terminus and within
Forest Oaks First Addition by the construction of
grading, sanitary sewer, watermain, storm sewer,
aggregate base, concrete curb and gutter, bituminous
surfacing and appurtenant work;
WHEREAS, ten days mailed notice and two weeks published notice of
the hearing was given, and the hearing was called to
order on the 5th day of April, 1993 and continued on the
17th day of May, 1993 at which all persons desiring to
be heard were given an opportunity to be heard thereon;
and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that;
1.
Such improvement is hereby ordered as proposed
Council Resolution 93-05 adopted the l6th
February, 1993.
2. The City Engineer and the city's engineering consultant,
Maier Stewart & Associates, Inc. are hereby designated
as the Engineer for this improvement. They shall
~repare plans and specifications for the making of this
1mprovement.
in
day
the
of
Passed and adopted this
th day of
, 1993.
YES
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{Seal}
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447,4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
,. . . .... -.- - --- . ,
Valley Surveying Co., P A.
SUITE 120-C, FRANKUN TRAIL OFFICE CONDOMINIVM
16670 FRANKUH TRAIL 5.E.
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
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CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the day
of , 19 , by and between the City of Prior Lake, a
municipal corporatIOn organized under the laws of the State of
Minnesota and JMP Development, Inc., a Minnesota corporation.
WITNESSETH THAT:
WHEREAS, Developer is a corporation duly organized and
existing under the laws of the State of Minnesota and owns the
Property within the City of Prior Lake; Scott County, Minnesota,
and
WHEREAS, Developer desires to develop the Property; and
WHEREAS, Developer has made application to City council for
approval of the plat of the Property; and
WHEREAS, the City has 9ranted preliminary plat approval to
the Forest Oaks First Add1tion on the condition that, among
other things, Developer enter into this Agreement to provide for
installation of City Installed and Assessed Improvements and all
other improvements hereafter described all on the terms and
conditions hereafter set forth.
NOW, THEREFORE, in consideration of these premises and of the
mutual promises and conditions hereinafter contained, it is
hereby agreed as follows:
1. DEFINITIONS; RULES OF INTERPRETATION AND EXHIBITS.
In this Agreement the following terms shall have the
following respective meanings unless the context hereof
clearly requires otherwise:
a. "Agreement" means this Contract for Development of Land
in the City of Prior Lake, Minnesota, by and between
City and Developer JMP Development ( Inc. as the same
may be from time to time mod1fied, amended or
supplemented.
b. "Assessment Agreement" means the contract
city, Developer, and affected property
city Installed and Financed Improvements,
in the form of Exhibit "A".
(s) among the
owners on the
substantially
c. "Cash Escrow Deposit" means a cash deposit with the city
Finance Director in the amount of $ 22,500.00
(25% of Cost of Improvements).
1
d. "Cit:(' means the City of Prior Lake, a governmental
subd1vision of the state of Minnesota.
e. "city Attorney" means the City Attorney of the city of
Prior Lake.
f. "City Council" means the Prior Lake City Council.
g. "City Engineer" means the City Engineer of the City of
Prior Lake.
h. "City Finance Director" means the City Finance
of the City of Prior Lake.
i. "Cost of Improvements" means the cost of city
and Assessed Improvements as estimated by
Engineer on Exhibit B in the City Engineer's
absolute discretion.
Director
Installed
the City
sole and
j. "Developer means JMP Development Inc., a Minnesota
corporation, its successors and assigns.
k. "city Installed and Assessed Improvements" means the
construction work to be performed by a General
Contractor hired by the City on the Property including,
but not limited to, clearing and grubbing, grading, the
trees, topsoil and sodding, sidewalks and driveways,
curb-stop adjustments, street lighting, streets, curb
and gutter, water supply, sanitarr sewer, storm
sewer/storm water improvements, dra1nage, Permanent
street Improvements and Traffic Signing Improvements to
be performed, installed or constructed upon the Pro~erty
pursuant to this Agreement, the plans, specificat1ons,
drawings and related documents, and in accordance with
the policies and ordinances of City as city may adopt
from time to time, and pursuant to Minnesota Statutes
Chapter 429.
l. "Event of Default" shall mean whenever it is used in
this A9reement anyone or more of the following events:
(i) fa1lure by Developer to timely pay all real property
taxes assessed with respect to the Property; (ii)
failure by Developer to observe or perform any
convenant, condition, obligation or agreement on its
part to be observed or ~erformed under this Agreement;
(iii) transfer of any 1nterest in Developer or (iv)
failure to pay the fees required by city.
m. "Including" means including, but not limited to.
n. "Letter of Credit" means an irrevocable letter of credit
in the amount of $ zero (25% of Cost of
Improvements) in the form of Exhibit c.
o. "Permanent street Improvements" means permanent street
surfacing in accordance with the policies and ordinances
of City as City may adopt from time to time.
2
p.
"Property" means the real property, together with
improvements, if any, described in Exhibit D.
q.
"Registered Professional Engineer" means
currently licensed in civil Engineering
Minnesota state Board of Registration for
Engineers, and Land Surveyors.
r. "Sewer and Water Improvements" means sanitary sewer and
water laterals or extensions including all necessary
building services in accordance with the ~olicies and
ordinances of city as city may adopt from t1me to time.
a person
with the
Architects,
s. "storm Sewer Improvements" means storm sewers, catch
basins, inlets and other ap~urtenances when determined
to be necessary by City Eng1neer in accordance with the
policies and ordinances of City as City may adopt from
time to time.
t. "street Im~rovements" means street grading, graveling,
and stabil1zing including construction of boulevards
and turf establishment in accordance with policies and
ordinances of City as City may adopt from time to time.
u. "Subdivision" means the division of a parcel of land
into two or more lots or parcels by any means including
platting, registered land survey and conveyance by
metes and bounds. Where appropriate to the context,
"subdivision" shall relate to the process of
subdividing or to the land to be subdivided.
v. "Traffic Signing Improvements" means standard street
name signs at all newly opened intersections and such
other traffic control signs within the Subdivision
determined to be necessary by City Engineer in
accordance with the policies and ordinances of City as
City may adopt from time to time.
w. "Unavoidable Delay" means Acts, of God, casualties, war,
civil commotion, embargo, riots, utilities, energy or
fuels, litigation in regard to the Subdivision by third
parties, failure after diligent effort to obtain
required environment or other approvals, authorization
or permits, any acts or omissions of any governmental
authority with jurisdiction, (other than the City), and
all other causes of events which are beyond Developer's
or city's control.
x. "Construction Inspection of Developer Projects" means
the inspection of City's Installed and Financed
Improvements by city Engineering Personnel or by
consultant engineers hired by the City, the costs of
which are included in the Chapter 429 Assessments.
3
This Agreement 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 Agreement as a whole rather
than to any particular section or subdivision hereof.
Reference herein to an~ particular section or subsection
hereof are to the sectlon or subsection of the Agreement
as originally executed. Any titles of the several
parts, articles and sections of this Agreement are
inserted for convenience of reference only and shall be
disregarded if construing or interpreting any of its
provision.
The following exhibits are attached hereto and by
reference made a part of this Agreement:
Exhibit A - Assessment Agreement (s)
Exhibit B
Improvements
Exhibit C - Letter of Credit
Cost of City Installed and
Assessed
Exhibit D - Property Identification
Exhibit E - Minnesota statutes Chapter 429 - Engineer's
Estimate of City Installed and Assessed Improvements
2. CITY IMPROVEMENTS
After the final plat has been recorded with the Scott
County Recorder's Office by the Developer, City shall
construct and install, at City's expense (except as
hereinafter provided), and pursuant to the Assessment
Procedures contained in Minnesota statutes Chapter 429
and in accordance with the Assessment Agreement (s), the
City Installed and Assessed Improvements. PROVIDED,
HOWEVER, in the event the bid received by the Cit~ from
the lowest responsible bidder exceeds the Eng1neer's
estimated cost for such improvements, the City, as its
sole discretion, may elect not to proceed with the
construction and installation of the City Installed and
Assessed Improvements unless payment for such increased
Improvement costs are resolved, in writing, to the
satisfaction of the City.
On or before the date hereof, Developer shall furnish to
the City the Letter of Credit or Cash Escrow Deposit at
City's sole option.
4
3. DEVELOPER REPRESENTATIONS
Develo~er represents and warrants that neither the
execut10n and delivery of this Agreement, the
consummation of the transactions contem~lated hereby,
nor the fulfillment of or a compliance w1th the terms
and conditions of this Agreement is prevented or limited
by, or in conflict with or will result in breach of, the
terms, conditions or provisions of any restriction of
Developer, or evidence of indebtedness, agreement or
instrument of whatever nature to which Developer is not
party or by which it is bound or will constitute a
default under any of the foregoing. Developer further
represents and warrants that Developer will cooperate
with City with respect to any litigation commenced with
respect to the Property or the City Installed and
Assessed Improvements.
4. FEES Developer shall pay the city upon demand the
following fees:
Park Dedication Fee
Storm Water Fee
Collector Street Fee
Signage Fee
$
$
$
$
3,008.00
23,302.44
2,228.96
50.00
5.
ACCEPTANCE OF SUBDIVISION AND CITY
ASSESSED IMPROVEMENTS
INSTALLED
AND
city will accept the Subdivision which has been
completed in accordance with the prov1s1ons of this
Agreement and the contract between City and the General
Contractor awarded the City Installed and Assessed
Improvements Contract. Developer shall furnish to City
a Letter of Credit or a Cash Escrow Deposit at City's
sole option guaranteeing satisfactory performance of the
City Installed and Assessed Improvements in an amount
equal to 25% of the original cost of the city
Installed and Assessed Improvements which shall be in
force for one year following acceptance of the City
Installed and Assessed Improvements.
Upon final completion of the City Installed and Assessed
Improvements, in accordance with the contract between
the General Contractor and City, the City En9ineer shall
accept the completed improvements in wr1ting. The
Warranty Period shall begin effective the date that the
city Engineer accepts the completed improvements, in
writing.
6. RELEASE, HOLD HARMLESS
Developer releases from and covenants
City and the governing body members,
and agrees that
offices, agents,
5
servants, and employees thereof (hereinafter for
purposes of this paragraph, the "indemnified parties")
shall not be liable for and agrees to indemnify and hold
harmless the injury to or death of any person occurring
at or about or resulting from any defect in the
Property.
7. DEFAULT
Whenever an Event of Default occurs, city may take any
one or more of the following actions without
notification:
A.
City may suspend its
Agreement.
B. City may cancel and rescind this Agreement.
performance
under
the
C. City may draw upon any guarant~, the Cash Escrow
Deposit, and/or Letter of Cred1t provided to City
pursuant to any of the terms of this Agreement
according to their terms.
D. Cit~ may take whatever action, including legal or
adm1nistrative action, which may appear necessary
or desirable to City to collect any payments due
under this Agreement or to enforce performance and
observance of any obligation, agreement, or
covenant of Developer under this Agreement.
E. City may suspend issuance of Building Permits
and/or Occupancy Permits on Developer's lots.
8. NON-DISCRIMINATION
The provisions of Minnesota Statutes, section 181.59,
and of Chapter 1l, Title 1 of the Prior Lake City Code
as ma~ be modified, which relate to civil rights and
discrlmination and affirmative action shall be
considered a part of this Agreement as though whollr set
forth herein, and Developer agrees to comply therew1th.
9. ASSIGNMENT
Developer represents and agrees for its successors and
assi9ns that Developer has not made or created and that
it w111 not make or create or suffer to be made or
created any total or partial sale, assi9nment,
conveyance or any trust or power to transfer 1n any
other mode or form of or with respect to this Agreement
or in Developer without the prior written approval of
the city.
6
10. GENERAL
The terms and provisions hereof be binding upon and
inure to the benefit of the heirs, representatives,
successors and assigns of the parties hereto and shall
be binding u~on all future owners of any or any part of
the Subdivis10n and shall be deemed covenants running
with the land. If there be more than one developer,
references herein to Developer shall mean each and all
of them. This Agreement, at the option of the City,
shall be placed of record so as to give notice hereto to
subsequent purchasers and encumbrances of all or any
part of the Subdivision. All recording fees, if any,
shall be paid by the Developer.
Whenever in this Agreement it shall be required or
permitted that notice or demand be given or served by
either party to this Agreement to or on the other party,
such notice shall be delivered personally or mailed by
united states mail to the addresses hereinafter set
forth, b~ certified mail (return receipt requested).
Such not1ce or demand shall be deemed timely given when
delivered personally or when deposited in the mail in
accordance with the above. The address of the parties
are as follows, until changed by notice given as above:
If to the City:
City Engineer
CITY OF PRIOR LAKE
4629 Dakota Street S.E.
Prior Lake, MN 55372
with a copy to:
Glenn R. Kessel, Esq.
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
1800 IDS Center
80 South 8th Street
Minneapolis, MN 55402
If to Developer:
Robert A. Paschke, President
JMP Development, INC.
P.O. Box 642
Prior Lake, MN 55372
Where this Agreement or any provision hereof makes the time of
such performance subject to Unavoidable Delay, the time or times
for such performances shall be extended for the period of such
Unavoidable Delay, provided, that the parties seeking the benefit
of the provisions of this section shall, within five (5) days
after the beginning of any such Unavoidable Delay, have first
7
notified the other party thereof in writing, and of the cause or
causes thereof, and requested and extension for the period of
such delay.
This Agreement may be amended by
written instrument executed
procedures and formality followed
Agreement.
Failure of either party at any time to require performance of any
provision of this Agreement shall not affect its right to require
full performance thereof at any time thereafter and the waiver by
either party of a breach of any such provision shall not be taken
or held to be a waiver of any subsequent breach thereof or as
nullifying the effectiveness of such provision.
the parties hereto
in accordance with
for the execution
only by
the same
of this
This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which
shall constitute one and the same instrument.
Whenever an Event of Default occurs' and City shall employ
attorneys or incur other expenses, including employment of
experts, for the collection of payments due or to become due or
for the enforcement or performance or observance of any
obligation or agreement on the part of Developer herein
contained, Developer agrees that it shall, on demand therefor,
pay to the city the reasonable fees of such attorneys and such
other expenses so incurred by city. Developer agrees to hold
harmless, indemnify and defend City and its employees against any
claims or actions brought as a result of Developer's performance
under this Agreement or as a result of alleged actions or
omissions on the part of Developer, its employees or agents.
IN WITNESS WHEREOF,
Agreement to be duly
written.
City and Developer have caused this
executed on the day and year first above
Approved by the city council on the
day of
, 1921-.
APPROVED AS TO FORM:
DEVELOPER: JMP Development, Inc.
By
Glenn Kessel
By
Its President
CITY OF PRIOR LAKE:
By
Its Mayor
By
Its city Manager
[This Agreement must be signed by all parties having an
interest in the Property.]
8
STATE OF MINNESOTA}
} SS:
COUNTY OF SCOTT }
On the day of , 19 __, before me, a Notary Public,
with and for said County personally appeared Lydia Andren and
Frank Boyles, to me personally known, being each by me duly sworn
did say that they are the Mayor and City Manager, respectively,
of the City of Prior Lake, a Minnesota munic1~al corporation,
named in the foregoing instrument; and that sa1d instrument was
signed on behalf of the municipal corporation by authority of its
city Council and acknowledged said instrument to be the free act
and deed of said municipal corporation.
Notary Public
STATE OF MINNESOTA}
} ss:
COUNTY OF SCOTT }
The foregoing
day of
its President
corporation.
instrument was acknowledged before me this
, 19 , by ,
on behalf of J~Development, Inc., a Minnesota
Notary Public
9
EXHIBIT A
WAIVER AND RELEASE
WHEREAS, we are the owners of certain real property abutting
upon Forest Circle within the Shangri-La
Subdivision, Scott
County, Minnesota, located in the City of Prior Lake (hereinafter
referred to as "city") and,
WHEREAS, we have received notice of a request by Robert
Paschke, Developer to the City for the construction of certain
improvements, to-wit:
Forest Circle from Fish Point Road to end terminus and within
proposed Forest Oaks First Addition Subdivision by the
construction of grading, sanitary sewer, watermain, storm
sewer, aggregate base, concrete curb and gutter, bituminous
surfacing and appurtenant work;
(hereinafter referred to as "Improvements"), and
WHEREAS,
(hereinafter referred to as "
JMP Development, Inc.
JMP
II
,
is the owner of real property, legally described as follows:
That part of Government Lots 1 and 2, section 36, Township
115, Range 22, Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 1; thence
north along the east line of said Lot l, a distance of 400.00
feet; thence deflecting to the left 89 degrees 22 minutes 00
seconds a distance of 600.00 feet to the actual point of
beginning; thence continuing along the last described course
a distance of 302.30 feet; thence south parallel with said
east line a distance of 473.3 feet more or less to the new
ri9ht-of-way line of Maves Road; thence southeasterly along
sa1d new right-of-way and right-of-way line to its
intersection with a line drawn south parallel with said east
line from the point of beginning; thence north along said
parallel line to the point of beginning
, abutting upon Forest Circle
thereby are affected by any
Improvements, and
within said Improvements and
resolution
authorizing
said
order and authorize
said
Improvements pursuant
the
to
City to
Minnesota
WHEREAS,
JMP
, as an inducement for
statutes Chapter 429, which provisions grant affected property
owners certain procedural and legal rights regarding said Chapter
429 proceedings, desire to waive and release certain of their
rights and agree to be bound by the assessments regarding the
Improvements authorized by the city,
NOW, THEREFORE, JMP hereby covenant and agree as
follows:
l. That in the event City determines to make said
Improvements and let the contract for all or part of said
Improvements pursuant to Minnesota statute Chapter 429,
JMP hereby convenant and agree to waive and release
City of any and all rights they may have under Chapter 429 with
respect to issues of procedure, legality of proceedings, and/or
apportionment of the cost of the Improvements in the amount of
their assessment, PROVIDED, HOWEVER, the actual amount assessed
against the above-described property of JMP will not
exceed $ 90,000.00.
2. That in the event the amount to be assessed against the
above-described property exceeds $ 90,000.00, then JMP may
object to the apportionment of the assessment costs but only with
respect to the issue that said assessment is in excess of the
benefits received to the above-described property, however, only
to the extent said Improvements and assessment exceed
$ 90,000.00.
IN WITNESS WHEREOF, the undersigned has executed this Waiver
and Release this
day of
, 19 _'
APPROVED AS TO FORM:
Robert A. Paschke, President
JMP DEVELOPMENT, INC.
By
Glenn Kessel
THIS INSTRUMENT WAS DRAFTED BY:
Lommen, Nelson, Cole & Stageberg, P.A.
80 South 8th Street, suite 1800
Minneapolis, MN 55402
(612) 339-8131
(WAIV1)
EXHIBIT B
COST OF CITY INSTALLED AND ASSESSED IMPRROVEMENTS
The following is a summary of developer and City costs for Forest
Oaks First Addition. The net area of the final plat is 138,705
Sq. Ft.
DEVELOPER COSTS
DEVELOPER OWES CITY
$22,500.00
$23,302.44
$ 2,228.96
$ 3,008.00
$ 50.00
$51,089.40
25% Cost of Improvements
Stormwater Management Fee
Collector street Fee
Park Dedication Fee
Signage Fee
FOREST OAKS FIRST ADDITION
The following is an itemization of the project costs:
ITEM
COST
$ l1,000.00
$ 42,000.00
$ 43,000.00
$ 25,000.00
$121,000.00
Grading
sanitary Sewer & Watermain
Street
Storm Sewer
TOTAL PROJECT COST (INCL. 30% INDIRECT)
Determine 25% Cost of Improvements:
Total Project Cost
Minus Street Assessment to Existing Forest
Circle residents (3 lots @ $2000jlot)
NET UNIT ASSESSMENT - 7 lots
$121,000.00
$ 6,000.00
$ 25,000.00
$ 90,000.00
$ 22,500.00
$ 9,642.86/LOT
Minus storm Water Improvement Cost
(Trunk Reserve Fund Expenditure)
Developer Cost of Improvements
Developer 25% Cost of Improvements
Developer Trunk Sewer & watermain Fee has been previously
assessed.
Determine Developer Stormwater Management Fee:
Net Lot Area is 138,705 Sq. Ft.
$.168/Sq. Ft. (138,705 Sq. Ft.)
= $23,302.44
Determine Developer Collector Street Fee:
Net Lot Area is 138,705 Sq. Ft.
$700/Ac (138,705 Sq. Ft.)/43,560 Sq. Ft~/AC
= $ 2,228.96
Determine Developer Park Dedication Fee:
Gross Plat Area is 3.76 acres, with Park Dedication Fee is based
on 10% of the raw land value at $8,000.00 per acre times the
gross plat area if land is not dedicated to the City. Park
Dedication Fee is calculated to be as follows:
10% ($8,000.00/Ac x 3.76 acres)
= $ 3,008.00
EXHIBIT C
NO.
DATE:
TO: CITY OF PRIOR LAKE
2649 DAKOTA STREET SE
PRIOR LAKE MN 55372
Dear Sir or Madam:
We open Irrevocable Standby Letter of Credit No.
the amount of USD $ AMOUNT (SPELL OUT DOLLAR AMOUNT
USDLRS)
in
00/11
In favor of yourselves.
For the Account of:
INDIVIDUAL NAME FOR NAME OF DEVELOPMENT
DEVELOPER'S ADDRESS
Expires
DATE
at our counters.
This is a clean Letter of Credit availaple against drafts drawn
at sight on BANK NAME ADDRESS, Minnesota
bearing the clause: Drawn under Standby Letter of Credit Number
of BANK NAME , accompanied by this
original Letter of Credit for endorsement.
SPECIAL CONDITION(S):
1. Drafts must purportedly be signed by the Mayor or the
City Manager of the City of Prior Lake.
2. This Letter of Credit is automatically renewable without
amendment for an additional one year ~eriod from the
present expiration date, unless (90) n1nety days prior
to said expiration date we shall notify you in writing,
by Registered Mail, that we have elected not to renew
this Letter of Credit. But in no event shall the
expiration date extend beyond DATE
Payment will be made at the counters of
Minnesota.
BANK NAME
This credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of
Commerce Publication No. 400.
Unless otherwise stated, all documents are to be forwarded to us
by mail, or hand delivered to our counters.
Documents to be directed to:
BANK NAME & ADDRESS
15
~
C'l
1>1
i\i
o 50 100
L-- .
SCAU: IN nET
O~"'"~....
. o.notn IrOI'I ~ fcu'W
.' ..j
..........
I
... -...
EXHIBIT D
\kJlley Surveying Co., P. A .
SUITE I2O-C, F'RAM<UN TRAIL Ofl'lCE OONOOMINlUM
16670 FRANKUN TRAIL 50!.
PRIOR LAKE, MINNESOTA ~372
TELEPHONE (6121441-2570
~
:lJRn:1OR/D~IC.D:
uu.n SURn:n1C 00.. P. I.
16670 ~n.I.I TUl1. sx SlIlU: l2O-C
PtUOR I..l.U, IU.DI:5OTl ~~m
(612) ....1-2570
-,,.
.;
.
I
I
I
I
,
I
J
I
I
,
I
\
\
SITE LOCATION
MAP 's
::.~ '::-=-'"1
\
,
\
urturr It O'IA_C;C [SII'r ,U $~ AI'I'C
'""EET It RC_ rAIIO 10'-1', "Of: Y."O STr
..,,~ OT.:~fC__.-
TOT.lL PROPDlTI DESCRIPTIO_,
That part or Gou~nt l..ota 1 IUld 2, s.oUoa 36.
Count,. 'linn..ota d<I.crlbed .. 1011_.
Co-enc1nt; .t the AOUth...t ao~r of M.ld Lot 11 ~ nortb &1one the _.t l..1.D.
or .dd Lot 1, . dhUncI or 1?OO.00 l_t, thenoc d..tl~1nI to u. l.n 89 d.~
22 ,1nut.. 00 8e(;On<1ll .. dUUnc4 or 600.00 t_t to U. ao'tual poillt of N.!.nn.UIc1
thene. Qont1nui.n& alone the a.t d.lltCrlbed couree . dJ..ta.nc. or )02.)0 t_'tl
th.ne. ItOUth paralld with Mid ...t line . dbtance 01. .13.' t..t ~ 01' 1... _
UM n.. dlht-ot-lI"" line of ,,-,,_ Ioadl tMnoe ~tu1t alone aaid ...
rl.,nt-<lt-wat and rlJht-ot-.., 11M to it. lDt.necUoc dth . l.1zw 4n."II eouO
p.nlhl with Add ...t lilM troe the po1nt. 01 boI&UnJ..nc1 u.so. aor1:h a1.anc ...u
p...ullel line to th. po1l1\ of ~ctnn1nc.
SIn: DADI
1O'UL PROPDTT &aU
'.76~
lRU at ROADliU
0.58 .~
lIEf PUT ....
'.18.o..re.
IDSITl/oa .IC
2.~1 acn
J:OSmI: UlIInC
1-'
I'IIOI'OSD> ..... ...
1-'
I her.,. c.Ntty tN7 "'* pnlim.pId
WOI pnpond tit" fM or ~ ...,
.rec:t 1UpW"ft5kln otd ".,. I .....
. ~ L..IaNed lO"ld ~
\II'Ider...lowttiltMSIGf-..,
~L~-1~_
DoIo.z7'S-'i'~ .-..NOlOIn
'ILI HO-!..!.!!..--. IJO(W( _ ".or_
/~
EXHIBIT E
VALLEY ENGINEERING CO., INC.
Civil Engineering (or Public Works
and Private Industry
February 5, 1993
Mr. Larry Anderson, P. E.
Director of Public Works
City of Prior Lake
4629 Dakota Street, S.E.
Prior Lake, MN'S5372
Re: Engineer's Preliminary Construction Cost Estimate for
Forest Oaks Fint Addition, Prior Lake, Minnesota.
"'
, . Dear Larry:
I have prepared the Preliminary Engineer's Construction Cost Estimate for the subject project as
shown In the attached itemized form. The public works portion of the construction estimate is
summarized as follows.
SCHEDULE 2 - PART A - Sanitary Sewer $ 9,054
PART B - Watennaln $ 18,191
PART C - Stann Sewer $ 17,845
SCHEDULE 3 - PART B - Local Streets $ 30,194
SCHEDULE 4 - landscaping $ 2,100
CONTINGENCIES @ 10% of Raw Construction Cost $ 7,738
TOTAl SCHEDULES 2 thru 4 $ 85,122
Please use this Inlonnatlon In preparing your feasibility report.
Thank you for the opportunity to be of service.
.~ ..
c.c. Bob Paschke
Ron Swanson' :"
* For additional cost estimates and ~ost summary, see Exhibit E, Sheet 4.
7301 Ohms Lane, Suite 500
Minneapolis, Minnesota 55439
(612) 832.9475 . Fax 832.9542
PRELIMINARY CO'NSTRUCTION COST ESTIMATE
PROJECT IDENTIF1CATION~
Forest 0akJ Flnt Addition
SANITARY SEWER, WATERMAIN, STORM sewER & STREETS
Prior Lake, Mlnnesota ' .
THIS ESTIMATE IS SUBMITTED TO~
Robert Paschke
clO VaDey surveying Co., Inc.
16670 Franklin TraD S.E. Suite 120C
Prior lake, MN 55372
Date: February 5. 1993
~HEDULE OF ESTIMATED QUANTITIES AND PRICES:. .
'-
IlEM ' DESCRIPTION UNITS QUANTITY UNIT TOTALS
NO. PRICE
$CHEDULE 2. SANITARY SEWER, WATERMAIN & STORM SEWER:.
PART A . SANITARY SEWER:
A.01 8" PVC SDR 35 Sewer Pipe
(0' to 10' Depth) L.F. 100 $ 15.50 $ 1,550.00
A.02 8" PVC SDR 35 Sewer Pipe
(10' to 12' Depth) L.F. 110 $ 16.50 $ 1,815.00
A.rtJ Construct Manhole Over
ExIstIng 1S' RCP EACH 1 $ 500.00 $ 500.00
A.04 Standard 48" Manholes
(0' to 8' Depth) including
Casting & Adlustlng Rings EACH 1 $ 930.00 $ 930.00
A.05 Manhole Extra Depth .. .
overS' L.F. 6 $ 71.00 $ 426.00
A.OS 41 Saddle Connection to
ExJs1fng 1S' RCP EACH 1 $ 240.00 $ 240.00
A.07 8' x 41 PVC Wyes EACH 6 $ 37.00 $ 222.00
A.OS .4' PVC Service PIpe L.F. 300 $ 8.25 $ 2,475.00
A.CS Granular Bedding TONS 130 $ 5.15 $ 669.50
A.10 Crushed Rock StablUzer TONS 20 $ 11.30 $ 226.00
A.11 SUBTOTAL PART A. SCHEDULE 2. SANITARY SEWER. . . . . . . . . . . . . . . $ 9,053.50
,
,~
C.11
Crushed Rock StabUlzer
TONS
20
$
11.30
$
226.00
C.13 SUBTOTAL PART C, SCHEDULE 2 - STORM SEWER. .. ..............
$ 17 ,845.00
TOTAL SCHEDULE 2, PARTS A, 8 & C.. · . · · .' . · . . . . . . . . . . . . . . . . . . . . . . . . . .
$ 45,089.05
SCHEDULE 3 . STREET:
LOCAL STREETS - ( 7 TON - 28' F-F)~
3.01 Subgrade Preparation STA. 7.9 $ 350.00 $ 2,765.00
3.02 Test Rolltng STA. 7.9 $ 10.00 $ 79.00
3.03 41 Agg. Base MnOOT CI. 5
100% Crushed TONS 700 . $ 7.30 $ 5,110.00
"
,3.04 Surmountable Conc;rete Curb
and Gutter \nctudlng Remowls,
Class 5 Agg., TopsoO &
Seed and Mulch to Boulevard L.F. 1385, $ 4.63 $ 6,412.55
3.05 3' MnOOT 2331 Bituminous
Base Course TONS 430 $ 21.00 $ 9,030.00
3.oe Adlust Manholes EACH 2 $ 155.00 $ 310.00
3.07 Adlust Catch Basins EACH 4 $ 103.00 $ 412.00
3.08 Adlust Gate Valves EACH 0 $ 103.00 $ 0.00
3.09 Bituminous Tack Coat S.Y. 2360 $ 0.10 $ 236.00
3.10 1-1/2' MnOOT 2341 Wearing
CoUrse MIx TONS 215 $ 26.00 $ 5,590.00
3.11 Silt Fence Maintenance LF. 100 . .; $ . 2.50 $ 250.00
3.12 SUBTOTAL-SCHEDULE3 $ 30,194.55
3.13 TOTAL SCHEDULE 3 $ 30,1G4.SS
SCHEDULE 4 . LANDSCAPING
4.01 Boulevard Trees Each 14 . $ 150.00 $ 2,100.00
4.02 SUBTOTAL SCHEOULE 4 $ 2,100.00
4.03 TOTAL SCHEDULE 4 $ , 2,100.00
GRAND TOTAL SCHEDULES 1, 2. 3 . 4 · · · · · · · . · · · . · · · . . · · · . . . . . . · . . . . . . .
$ 77,383.80
1
i
I N T E R 0 F F ICE
M E M 0
TO:
FOREST CIRCLE & FOREST
PROJECT FILE
BRUCE LONEY, ASSISTANT
ENGINEER'S ESTIMATE OF
IMPROVEMENTS - EXHIBIT
MAY 11, 1993
OAKS FIRST ADDN IMPROVEMENT
CITY ENGINEER
CITY INSTALLED AND ASSESSED
E, DEVELOPER'S AGREEMENT
FROM:
SUBJECT:
;6~
DATE:
This memorandum is in regard to the grading work and cost for
Project 93-13, Forest Circle and Forest Oaks First Addition and
is included in the Developer's Agreement as Exhibit E, Sheet 4.
The cost of the grading work to grade the streets and the
building pads for Lot 5 and Lot 7 was not included in the initial
feasibility study. The developer, Robert Paschke, has requested
that the work be included and assessed to his property. Cost of
the grading work has been estimated br Ron Swanson to be an
additional $11,000.00 including indlrect costs. This cost of
$11,000.00 will be added to the project cost for the Developer's
Agreement with the City as follows:
ITEM DESCRIPTION CONSTRUCTION
COST
SCHEDULE 1 - GRADING $ 8,461.54
SCHEDULE 2 - SANITARY SEWER, $51,538.46
WATERMAIN, & STORM SEWER
SCHEDULE 3 - STREET $33,076.92
& SCHEDULE 4 - LANDSCAPING
INCLUDES CONTINGENCIES OF lOt CONSTRUCTION COST
4
TOTAL COST
INCL. (30%)
INDIRECT COST
$11,000.00
$67,000.00
$43,000.00
4629 Dakota S1. S.E" Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447,4245
AN EQUAL OPPORTUNITY EMPLDYER