HomeMy WebLinkAbout6B - Hidden View Final Plat
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DATE:
6 (B)
JAMES HAYES, ASSOCIATE PLANNER
CONSIDER APPROVAL OF RESOLUTION 93-58, SETTING
FORTH CONDmONS OF APPROVAL FOR THE FINAL PLAT
OF HIDDEN VIEW
mLY 19, 1993
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
INTRODUCI10N:
Argus Development has filed for final plat and Developer's
agreement approval for first phase of Hidden View. The final plat
is being filed in accordance with Sections 6-5-1 and 6-7-1 through
6-7-17 of the Subdivision Ordinance.
BACKGROUND:
The principal requirements for final plat approval include a signed
Developer's agreement with surety for the installation of utilities
and streets and the satisfactory completion of all preliminary plat
contingencies. The Developer's Agreement is attached to this
report.
The preliminary plat was approved by the City Council on May 17,
1993, with extensive contingencies related to engineering
documents. See attached Council minutes and Planning
Commission minutes dated April IS, 1993 for a detailed list of
contingencies placed upon the preliminary plat. All of these
contingencies have been met as of July 14, 1993. The 15 acre
single family development was originally planned to be completed
in one phase. This required a condition of approval that the outlot
to the north be platted as a lot as part of the Final Plat of Hidden
View.
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DISCUSSION:
By platting the outlot to the north as a lot, all assessments are due
at the time of signing the Developer's agreement The would
include costs for stormwater management (16.8 cents/sq.ft.), street
collector fee ($700/acre), and park dedication fee (10% land or
market value of 10% of the total land). After some very rough
calculations by staff, the total assessments would add an additional
$25,000 to the total cost incurred by the developer of the property.
Once the owner of this lot decided to subdivide the site, a simple
Administrative Plat would be required. Since all fees would have
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~
ALTERNATIVES:
RECOMMENDATION:
ACfION REQUIRED:
been pai~ the total development cost would be around $500.
The Council.s reasoning on May 17 was to provide a simple quick
process for Mr. & Mrs. Kalomas, the owners of the lot, to
subdivide their property in the future. Open discussion was held
and this seemed like the best solution. After further review, this
may not have been the most equitable decision. In order for Argus
Development to lessen the burden of an additional $25,000 in fees,
the lot to the north must be designated as an outlot if it meets with
Council approval.
Ray Brandt, representing Argus Development, and Mr. & Mrs.
Kalomas met with the Development Review Committee on June
24, 1993 to discuss the status of the lot to the north. Both parties
agreed to request the Council to approve the final plat with the lot
designated as an outlot. If approved, this would result in three main
issues related to the outlot. First, all fees (approx. $25,000) would
be paid by the owner (the Kalomas ') of the outlot at the time of
new subdivision. Second, the developer of this outlot would not be
eligible for the Administrative Plat process, the new subdivision
would need to be developed as Hidden View First Addition. Third,
the owner of the house on this outlot would not be eligible for any
building permits for even simple improvements to the home since
it would not be a lot of record.
1.
Adopt Resolution 93-58 approving the final plat of Hidden
View contingent upon the applicant satisfying all
conditions outlined within the Resolution.
Deny the final plat for specific reasons.
Continue the discussion for additional information or to
allow the Council additional time to review the issues
related to the Developer's agreement.
2.
3.
Alternative number 1 or 3, depending upon Council discussion.
Motion to adopt Resolution 93-58 approving the final plat of
Hidden View. A second motion to authorize the Mayor and City
Manager to sign the Developer's agreement is also in order.
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RESOLUTION 93.58
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETfING FORTH CONDmONS
TO BE MET PRIOR TO FILING OF FINAL PLAT FOR HIDDEN VIEW.
MOTION BY:
SECONDED BY:
WHEREAS, the City Council has approved the Final Plat of Hidden View;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF TIlE CITY
OF PRIOR LAKE, MINNESOTA, that it should and hereby does require the following
conditions to be met, prior to release of, and recording of said plat:
1. Submittal of required plans, specifications, cost estimates and other detail required by the
City Engineer, in order to prepare a Developer's agreement for installation of utilities.
2. The plat dedication be subject to approval by the City Attorney.
3. Payment of park support fees in accordance with City Policy at the time of building
permit.
4. Payment of $6,118 park dedication fee.
5. Building permits shall not be issued until a contract has been awarded for the
construction of municipal sewer and water. Occupancy permits will not be issued until
improvements are accepted by the City Engineer.
6. No building permits shall be issued until the Final Plat is filed and recorded with Scott
County.
7. Submittal of the required utility and drainage easements as approved by the City
Engineer.
8. A legal opinion or committment of title insurance be submitted acceptable to the City
Attorney.
9. The Developer's Agreement, as drafted by the City Engineer, shall be signed and fully
executed prior to the release of the Final Plat.
10. The mortgage from Construction Mortgage Investors, Inc. shall be fIled and recorded
with Scott County prior to the release of the Final Plat
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
Passed and adopted this 19th day of July, 1993.
Yes
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
No
Frank Boyles
City Manager
City of Prior Lake
{ Seal }
PLANNING COMMISSION
MINUTES
APRIL 15, 1993
The April 15, 1993, Planning Commission Meeting was called to
order by Roseth at 7:30 P.M. Those present were Commissioners
Roseth, Arnold, Loftus, and Greenfield, Director of Planning
Horst Graser, Assistant City Planner Deb Garross, Associate
Planner Jim Hayes, and Secretary Rita Schewe. Commissioner
Wuellner was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, Greenfield, and
Roseth. MOTION CARRIED.
ITEM II - PUBLIC HEARING - HIDDEN VIEW PRELIMINARY PLAT
The Public Hearing was called to order at 7:35 P.M. The public
was in attendance and a sign-up sheet was circulated.
Ray Brandt, 1600 West 143rd Street, Apt. 205, Burnsvil1e,
representing Argus Development of 3459 Washington Drive, Eagan,
MN, presented the information on the Preliminary Plat for Hidden
View. The proposal is to subdivide the property into 15 single
family lots. The northerly 3 lots will not be platted at this
time, but when they are, will conform to this preliminary plat.
A retention pond will be constructed at one end of the project
to address the storm water management issues.
Associate Planner Jim Hayes, presented the information as per
memo. The preliminary plat of Hidden View is being processed as
a standard subdivision with the procedures and requirements
outlined in Section 6-3-2 of Subdivision Ordinance 87-10 and is
consistent with the Comprehensive Plan. The property is 9 acres
and an infill site and development was expected in the near
future. The square footage of the lots range from 12,202 to
20,329 which meets the requirements of the ordinance. The
development will have a variety of styles and price ranges and
should be compatible with the existing neighborhoods. The
subject site has previously been assessed for water and sewer
improvements and has no outstanding delinquencies. The
topography is a major feature of the site and home styles have
been created to take advantage of this feature. The Engineering
Department has listed 5 ltems to be contingent upon approval.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORrUNITY E.'o1PLDYER
PLANNING COMMISSION MEETING
APRIL 15, 1993
PAGE 2
The park dedication requirement for Hidden View will be in the
form of a cash dedication as opposed to a land dedication.
L~nnea Owens-14144 Shady Beach Trail, had comments on
s~zes being too small, traffic concerns, safety issues,
in children for schools, price of homes, and development
fit into the neighborhood.
Keith Randa-14112 Bayview Circle, was concerned on increased
traffic, wants street changed to a CUl-de-sac, and does not want
tranquility and peace disturbed.
the lot
increase
does not
Bret N~strom-14220 Shad~ Beach, concerned on the
retent~on pond, mosqu~toes, maintenance of
landscaping, and uses part of the subject
purposes.
Wayne Svenby-14248 Shady Beach Trail, should have cul-de-sac,
a neighborhood park, and lot sizes not uniform with the rest of
the neighborhood.
safety by the
}?ond, fences,
s~te for his own
Bret Nystrom-14220 Shady Beach Trail, stated that since Aspen and
Shady Beach Trail were joined, traffic and crime became a
problem in the neighborhood. Mr. Nystrom stated he has painted
slow signs on the street to curb the speed of traffic.
Joe Schaefer-14143 Shady Beach Trail, feels the
high, the development would be a downgrade to
and the road is too hilly.
Chris Green-14320 Shady Beach Trail, remarked on the safety for
children, contour of land causes traffic hazards, and subdivision
should be for 8 homes.
density is too
the neighborhood
John Bradley-14190 Bayview Circle, noted he too was against the
development as he felt the lot sizes were too small, increase
traffic, drainage, and it would downgrade the neighborhood.
The public portion of the hearing was closed at this time.
Commissioners Comments:
Commissioner Greenfield asked about sidewalks, park, trail
system, drainage, size of lots, and density of houses.
commissioner Arnold remarked on the pond requirements, DNR
report, erosion control, traffic, and density of houses.
Commissioner Loftus commented on the pond dimensions, park
availability, the lots on Shady Beach were unsewered when platted
thereby making those lots larger, and the unusual shape of
the l?rol?osed lots.
Comm~ss~oner Roseth commented on the l?ond, Police should be
involved on the traffic issues, merg~ng the two inside corner
lots into one lot, and status of the northerly 3 lots.
City Engineer Larry Anderson, responded to the Commissioners
questions in his report. The pond is mandated by the State for
PLANNING COMMISSION MEETING MINUTES
APRIL 15, 1993
PAGE 3
stormwater management, Prior Lake is the fee owner, fences are no
longer used as they are more of a hazard than a help, and the
outlot would be dedicated to the city. In the matter of traffic,
it has been found that when the Police were asked to patrol the
area which complained on a traffic problem, it turned out to be
the neighbors themselves that were issued citations for the
violations.
Deb Garross reported on future county Road 42 access, and that
the subdivision meets Prior Lake's ordinance requirements.
MOTION BY ARNOLD, SECOND BY GREENFIELD, TO RECOMMEND TO THE CITY
COUNCIL, APPROVAL OF THE HIDDEN VIEW PRELIMINARY PLAT CONTINGENT
UPON:
A) ACCEPTABLE UTILITY AND DRAINAGE EASEMENTS SHOWN ON THE FINAL
PLAT.
B) ACCEPTABLE WETLAND DELINEATION REPORT AND ACCEPTABLE WETLAND
REPLACEMENT PLAN, IF NECESSARY.
C) ACCEPTABLE STORM WATER MANAGEMENT PLAN, INCLUDING GRADING AND
SITE CONSTRUCTION PLANS.
D) ACCEPTABLE PLANS FOR SANITARY SEWER, WATERMAIN, AND STREET
IMPROVEMENTS.
E) ACCEPTABLE STORM WATER DRAINAGE CALCULATIONS TO MAINTAIN A
PRE-DEVELOPMENT RUNOFF RATE LEAVING THE SITE.
F) THE POND BE: DEDICATED TO THE CITY AS AN OUTLOT.
RATIONALE BEING THAT THE SUBDIVISION FULFILLS THE REQUIREMENTS AS
SETFORTH IN SECTION 6-3-2 OF THE SUBDIVISION ORDINANCE 87-10 AND
IS CONSISTENT WITH THE COMPREHENSIVE PLAN WHICH IS CURRENTLY IN
PLACE.
Vote taken signified ayes by Arnold, Greenfield, Roseth, and
Loftus. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE PUBLIC
HEARING.
Vote taken signified ayes by Arnold, Greenfield, Loftus, and
Roseth. MOTION CARRIED. The public hearing adjourned at 9:00
P.M. A recess was called at 9:00 P.M. The meeting was reconvened
at 9:02 P.M.
ITEM II - DISCUSS FORMAT SCHEDULE OF DATES FOR PLANNING DISTRICT
NEIGHBORHOOD MEETINGS
commissioner Greenfield suggested
time slot of Other Business - c,
date as Commissioner Wuellner
agreeable with the Commissioners.
ITEM III - CROWN COCO VARIANCE
that Item II be placed in the
and Item c be moved to a future
was not present. This was
David Miller represented Crown CoCo of 319 Ulysses Street
Minneapolis, MN. Mr. Miller stated he is requesting an
variance to accommodate installation of flat fascia wrap
N.E. ,
8 foot
around
Prior Lake City Council Minutes
May 17, 1993
11. Consider Approval of Preliminary Plat for Hidden
View and Resolution 93-33" Jim Hayes }?resented a
map of subject site and discussed deta~ls of the
proposal and the six contingency items as
recommended by the Planning Commission. He
reviewed objections voiced by the public which
were: lots too small, traffic and safety issue,
location of pond, design not workable, street
design not consistent with the area.
Ray Brandt, Argus Development presented an
updated drawing of the plat design showing drainage
into the pond. Discussion occurred regarding
access to the three outlots.
Mr. and Mrs. Ray Brandt addressed the audience
regarding the outlot and their options for later
development. Further Council discussion occurred.
MOTION MADE BY KEDROWSKI, SECONDED BY WHITE TO
APPROVE RESOLUTION 93-33 SETTING FORTH CONDITIONS
FOR THE PRELIMINARY PLAT OF HIDDEN VIEW AS AMENDED
DELETING THE TWO DASHED LINES ON THE PROPOSED
OUTLOT, AND CLARIFICATION OF ITEM 6 STATING THAT
THE OUTLOT IS TO BE DESIGNATED AS A LOT.
12.
Upon a vote taken, ayes by Andren, Fitzgerald,
Kedrowski, Scott and White, the motion passed
unanimously.
A short recess was called.
The meeting reconvened at 11:20 p.m.
Consider A~proval of Preliminary Plat for Westbu~
Ponds an Resolution 93-34 Sett~nq Fort
Conditions - Planner Graser presented deta~ls of
the plat and briefly discussed the City's actions
prior to rezoning of the property to amend the
comprehensive plan. Graser also showed a
conceptual replat of the area indicating a park
facilitr along with a second site for a school.
Discuss10n occurred regarding distance of the
trails from the nearest homes along the park area.
Mr. Graser noted that the City will require a
Letter of Understanding from the School District to
accompany the Preliminary Plat. Discussion occurred
regarding eyebrow cul-de-sacs, berming, berm height
and low maintenance ground cover on the berm.
8
CONTRACf FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the _th day of
. 1921, by and between the City of Prior Lake, a municipal corporation
organized under the laws of the State of Minnesota and Arills Development. Inc.. a Minnesota
corporation.
WITNESSETH THAT:
WHEREAS, Developer is duly organized to do business in 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 granted preliminary plat approval to Hidden View on the
condition that, among other things, Developer enter into this Agreement to provide for
installation of Developer 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 A~s Development. Inc..
as the same may be from time to time modified, amended or supplemented.
b. "Cash Escrow Deposit" means a cash deposit with the City Finance Director in
the amount of $ (125% of Cost of Developers
Improvements ).
c. "City" means the City of Prior Lake, a governmental subdivision of the State of
Minnesota.
d. "City Attorney" means the City Attorney of the City of Prior Lake.
e. "City Council" means the Prior Lake City Council.
f. "City Engineer" means the City Engineer of the City of Prior Lake.
Page 1
g. "City Finance Director" means the City Fmance Director of the City of Prior
Lake.
h. "Cost of Developer Improvements" means the cost of Developer Improvements
as estimated by the City Engineer on Exhibit A in the City Engineer's sole and
absolute discretion.
1. "Developer" means Arius Development. Inc. its successors and assigns.
j. "Developer's Installed and Financed Improvements" means the construction
work to be performed by Developer on the Property including. but not limited to.
the trees, grading. topsoil and sodding,sidewalks and driveways. curb-stop
adjustments, street lighting, streets, curb and gutter, water supply, sanitary sewer,
stonn sewer/stonn water improvements, drainage, Permanent Street
Improvements and Traffic Signing Improvements to be performed, installed or
constructed upon the Property pursuant to this Agreement. the plans,
specifications. drawings and related documents, and in accordance with the
policies and ordinances of City as City may adopt from time to time.
k. "Event of Default" shall mean whenever it is used in this Agreement anyone or
more of the following events: (i) failure by Developer to timely pay all real
property taxes assessed with respect to the Property; (ii) failure to construct the
Developer's Improvements pursuant to the terms, conditions and limitations of
this Agreement; (ill) failure by Developer to observe or perform any covenant.
condition, obligation or agreement on its pan to be observed or performed under
this Agreement; (iv) transfer of any interest in Developer or (v) failure to correct
warranty deficiencies.
1. "First Completion Date" means October 1. 192.3..
m. "Second Completion Date" means October 1. 19~.
n. "Including" means including, but not limited to.
o. "Letter of Credit" means an irrevocable letter of credit in the amount of
$_156.141.25_ (125% of Cost of Improvements) in the form of Exhibit B.
p. "Permanent Street Improvements" means permanent street surfacing in
accordance with the policies and ordinances of City as City may adopt from time
to time.
q. "Policy for Private Development Projects" means the policy for such projects
adopted by the City Council as may be amended the current policy of which is
attached as Exhibit F.
r. "Property" means the real property, together with improvements. if any,
described in Exhibit C.
s. "Registered Professional Engineer" means a person currently licensed in Ovil
Engineering with the Minnesota State Board of Registration for Architects,
Engineers. and Land Surveyors.
Page 2
t. "Sewer and Water Improvements" means sanitary sewer and water laterals or
extensions including all necessary building services in accordance with the
policies and ordinances of City as City may adopt from time to time.
u. "Storm Sewer Improvements" means storm sewers. catch basins. inlets and
other appurtenances when determined to be necessary by City Engineer in
accordance with the policies and ordinances of City as City may adopt from time
to time.
v. "Street Improvements" means street grading. graveling, and stabilizing
including construction of boulevards and turf establishment in accordance with
policies and ordinances of City as City may adopt from time to time.
w. "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.
x. "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.
y. "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 effon 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.
z. "Construction Inspection of Developer Projects" means the inspection of
Developer's Installed and Fmanced Improvements by City Engineering Personnel
or by consultant engineers hired by the City, the costs of which are to be either
reimbursed to the City by the Developer or paid directly to consultant by the
Developer, as the case may be.
This Agreement shall be interpreted in accordance with and governed by the laws
of the S tate 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 any particular section or subsection hereof are to the section
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.
Page 3
The following exhibits are attached hereto and by reference made a pan of this
Agreement:
Exhibit A - Cost of Developer Improvements
Exhibit B - Letter of Credit
Exhibit C - Property Identification
Exhibit D - Developer and City Cost Summary
Exhibit E - Special Conditions
Exhibit F - Policy for Private Development Projects
2. DEVELOPER IMPROVEMENTS
Developer shall construct and install, at Developer's expense (except as
hereinafter provided), the Developer Improvements, in accordance with the tenDS
of this Agreement. the policies and ordinances of the City, as City may adopt from
time to time, and all local, state and federal laws and regulations (including, but
not limited to, environmental, zoning, building code and public health laws and
regulations) and according to the plans, specifications, drawings and related
documents submitted to and approved by City Engineer for the Subdivision prior
to commencement of any construction and final plat approval. The plans,
specifications, drawings and related documents shall be prepared by a Registered
Professional Engineer subject to review and written approval by City Engineer.
Changes in plans, specifications, drawings and related documents will only be
permitted if the revised plans, specifications, drawings and related documents are
submitted to and approved in writing by City Engineer prior to making any of the
contemplated changes. Prior to construction of the Developer Improvements,
Developer shall provide an executed copy of any contract entered into by
Developer with a third party for the installation of the Developer's Installed and
Financed Improvements.
On or before the date hereof, Developer shall pay to the City a fee equal to Q:& of
the estimated developer project cost as determined by the City Engineer to cover
the costs of City in preparing and administering this Agreement
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.
Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary
Sewer Improvements and Watennain Improvements shall be completed by the
First Completion Date. Permanent Street Improvements and Traffic Signing
Improvements and all other Developer Improvements as per plans and
specifications shall be completed by the Second Completion Date.
Noncompliance with either the FlI'St Completion Date or the Second Completion
Date will cause the Letter of Credit or Cash Escrow Deposit to be called on,
Page 4
unless an extension of time is granted by City Engineer in his sole and absolute
discretion.
The City, either utilizing the City's Engineering Department Personnel or the
City's Construction Engineering Personnel, shall inspect the Developer Installed
Improvements in accordance with the policy for private development projects
adopted by the City. Inspection services by the City shall include:
A. Inspection of public improvement systems which include grading,
sanitary sewer, watennain, stonn sewer/ponding and street system.
Grading inspection is for overview of drainage swales and not for
detail site grading.
B. Documentation of construction work and all testing of
improvements.
C. As-built location dimensions for sanitary sewer, watennain, and
storm sewer facilities.
D. Coordination with testing company for soil and material testing
and actual material testing costs as performed by City consultants
or city staff.
The Developer's Engineer shall provide all other construction services including,
but not limited to:
A. Construction surveying.
B. As-built drawings of development improvements (TIe dimensions
to sewer and water services from City staff or City consultant).
C. Construction quantities.
D. Change orders.
E. Construction administration of project.
F. Construction payment vouchers.
All construction inspection service charges shall be paid by the Developer to the
City within twenty (20) days from the date of receipt of invoices for such services
from the City all in accordance with the Policy for private development projects.
Failure to pay said invoice charges within said twenty (20) day payment perie<L
may cause the City to draw down on the Letter of Credit in the full amount of said
invoices, at the sole and absolute discretion of the City, without notice to
Developer.
In the event there are insufficient funds available in the Letter of Credit to
reimburse the City for such inspection service charges as well as to maintain a
sufficient sum of money to secure Developer's guaranty, then the City shall have
the right to deny building permits or occupancy permits to the Property until such
Page 5
time as said charges have been paid in full or the Letter of Credit amounts have
been increased to at least the amount of such inspection service charges together
with the sums necessary to secure the Developer's guaranty.
3. DEVELOPER REPRESENTATIONS.
Developer represents and warrants that neither the execution and delivery of this
Agreement, the consununation of the transactions contemplated hereby, nor the
fulfillment of or a compliance with 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
now 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 Developer Improvements. Developer represents and warrants that
the Developer Improvements will conform to all laws, regulations and ordinances
of all local, state and federal government authorities.
4. OVERSIZING
City and Developer agree that the Developer Improvements should be oversized
for the benefit of future development City and Developer agree that the cost of
system oversizing to be reimbursed to the Developer is $22.753.00 based upon
an estimate as determined by the City Engineer.
Developer shall pay City upon demand the Trunk: Oversizing Costs per the
schedule outlined in the City's Assessment Policy. These rates are as follows:
S&W Acreage
$2,750.00/net acre
Collector Street Fee
$ . 168/net sq. ft.
$ 700.00/net acre
Trunk Storm Sewer (Res.)
Developer waives any and all claims, assertions, causes of action, in law or in
equity, as to the costs and/or determination of said oversizing allocated to
Developer, calculations and/or detenninations of them. as made by or on behalf of
City or all "oversizing" requirements of Developer as may be specified and
contained in this Agreement or attachments hereto. The parties acknowledge and
agree that the fees and costs allocated to City and Developer, as set forth herein
and any exhibits hereto, may be based upon estimated costs made by or on behalf
of City. However, the cost of the oversizing, as estimated by or on behalf of City,
is binding upon City and Developer.
s. INSURANCE.
On or before the date hereof, Developer and its contractors shall procure and
maintain or cause to be maintained during the term hereof, at its sole cost and
expense, the following types of insurance in the amounts specified and in the form
provided for below:
Page 6
Comprehensive general public liability insurance against claims for bodily injury,
death or property damage occurring upon or in the Property and the
improvements, such insurance to afford protection to a combined single limit of
not less than $2.000.000.00 with respect to death or injury to anyone or more
persons and $1.000.000.00 with respect to propeny damage. Insurance term shall
expire at the conclusion of the warranty period.
Workers compensation insurance, with statutory coverage.
Such other insurance in such amounts as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure.
The policies of insurance required hereunder shall be taken out and maintained
with responsible insurance companies licensed to transact business in the State of
Minnesota. Certificates evidencing such insurance shall be furnished to City upon
commencement of construction of Developer's hnprovements. Each policy shall
contain a provision that the insurer shall give not less than thiny (30) days
advance written notice to City in the event of cancellation of the policy,
non-renewal or changes affecting the coverage thereunder.
City shall be named as an additional named insured under all policies required to
be maintained by Developer and executed copies of all such policies of insurance
or certificates thereof shall be delivered to City promptly upon their issuance and
thereafter until thiny (30) days prior to the expiration of the term of each such
policy. As often as any such policy shall expire or terminate, renewal or
additional policies shall be procured and maintained by Developer in like manner
and to like extent
6. STREET MAINTENANCE DURING CONSTRUCTION.
Developer shall be responsible for all street maintenance until the Subdivision is
accepted by the City. Warning signs 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. Developer shall be responsible for keeping streets within and without
the Subdivision swept clean of dirt and debris that may spill or wash onto the
streets. The Developer shall daily clean streets of dirt and debris which has
resulted from construction work by the Developer and its agents or assigns.
7. ACCEPTANCE OF SUBDIVISION
AND DEVELOPER IMPROVEMENTS.
City will accept the Subdivision which has been completed in accordance with the
provisions of this Agreement, the policies and ordinances of City, as City may
adopt from time to time, and all local, state and federal laws and regulations.
Developer shall furnish certificates of completion for the completed Subdivision
certifying that the work has been completed in accordance with the terms of this
Agreement and shall also furnish mylar "as-built" reproducibles for all phases of
construction included in this Agreement. Prior to acceptance of the completed
Subdivision by the City Engineer, Developer must furnish to City a Letter of
Page 7
Credit guaranteeing satisfactory performance of the Developer Improvements in
an amount equal to ~ of the original cost of the Developer Improvements
which shall be in force for one year following acceptance of the Developer
Improvements.
Developer shall furnish a progress schedule for the construction of the
Developer's Improvements. Requests for progress payments shall be made in
writing by Developer to the City. Engineer. Upon authorization of the City
Engineer, the Developer may draw down on the Letter of Credit in an amount not
to exceed the amount of the approved progress payments. Said approval by the
City Engineer shall be in writing.
Upon final completion of the Developer Improvements, the City Engineer shall
accept the completed improvements in writing. The Warranty Period shall begin
effective the date that the City Engineer accepts the completed improvements, in
writing.
8. RELEASE. HOLD HARMLESS.
Developer releases from and covenants and agrees that City and the governing
body members, officers, agents, servants and employees thereof (hereinafter for
purposes of this paragraph. the "indemnified parties") shall not be liable for and
agrees to indemnify and hold hannless the indemnified parties against any loss or
damage to property or any injury to or death of any person occurring at or about
or resulting from any defect in the Property or Developer Improvements.
9. DEFAULT.
Whenever an Event of Default occurs. City may take anyone or more of the
following actions without notification:
a. City may suspend its performance under the Agreement.
b. City may cancel and rescind this Agreement.
c. City may draw upon any guaranty. the Cash Escrow Deposit, and/or Letter
of Credit, the Construction Inspection Cash Escrow Deposit provided to
City pursuant to any of the terms of this Agreement according to their
terms.
d. City may take whatever action. including legal or administrative 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.
Page 8
10. NON. DISCRIMINATION.
The provisions of Minnesota Statu~ Section 181.59, and of Olapter 11, TItle 1
of the Prior Lake City Code as may be modified, which relate to civil rights and
discrimination and affinnative action shall be considered a part of this Agreement
as though wholly set forth herein, and Developer agrees to comply therewith.
11. ASSIGNMENT.
Developer represents and agrees for its successors and assigns that Developer has
not made or created and that it will not make or create or suffer to be made or
created any total or partial sale, assignment, conveyance or any tnlst or power to
transfer in any other mode or form of or with respect to this Agreement or in
Developer without the prior written approval of the City.
u. 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 upon all future owners of any or any part of the Subdivision 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 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 pennitted 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, by certified mail (return receipt requested).
Such notice 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 City:
City Engineer
City of Prior Lake
4629 Dakota Street SE
Prior Lake MN 55372
With a copy to:
Glenn R Kessel
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
80th South 8th Street
Minneapolis MN 55402
Argus Development, Inc.
3459 Washington Drive
Suites 201 & 204
Egan, MN SS 122
H to Developer:
Page 9
Where this Agreement or any provision hereof makes the time of performance
subject to Unavoidable Delay, the time or times for such performances shall be
extended for the period of such Unavoidable Delay, provi~ 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 notified the other party
thereof in writing, and of the cause or causes thereof, and requested an extension
for the period of such delay.
This Agreement may be amended by the parties hereto only by written instrument
executed in accordance with the same procedures and fonnaIity followed for the
execution of this 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.
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 containecL Developer
agrees that it shall, on demand therefor, pay to City the reasonable fees of such
attorneys and such other expenses so incurred by City. Developer agrees to hold
hannless, indelllllify 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.
Page 10
IN WITNESS WHEREOF, City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
Approved by the City Council on the
APPROVED AS TO FORM:
day of
. 1923..
By
DEVELOPER:
:~7~P~.
Its f'A/19-
Glenn R. Kessel
CITY OF PRIOR LAKE:
By
By
Its
Its Mayor
By
Its City Manager
[This Agreement must be signed by all parties having an interest in the Property.]
Page 11
STATE OF MINNESOTA}
} ss:
COUNTY OF scon }
On the day of , 19 . before m~ 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 municipal corporation, named in the foregoing instrument; and
that said instrument was signed on behalf of the municipal corporation and acknowledged said
instrUment to be the free act and deed of said municipal corporation.
Notary Public
STATE OF MINNESOTA}
} ss:
COUNTY OF scon }
Th~foregoing instrument was acknowledged before me this /~ ~day of July, 1993, by
/Jo..r.P~# /11# /"J/'u.n< and by . who are the
~#" f7p5 ~ and of Argus Development, Inc, a
Miimesota corporation, on behalf of said corporation.
e ANDREW J. KOVACS III
NOTARY ~TA
DAKOTA COUNTY
..., ~.ION EXPIRES 11-240i7
~/~~--
Page 12
EXHIBIT H A ·
LIST OF QUANTITIES
fClr
HIDDEN VIEW
=====================================================================
Sari i t al'~y sewel'~
---------------------------------------------------------------------
I t ern
Url i t
Qllarlt it Y
Unit
Pl'~ i ce
Cost
-------------------------------~------------------------------------
JVlanhe. 1 es Each 6 $1,350.00 $8,100.00
8" PVC, 0-12 L i rl. Ft. 811 $15.00 $12,165.00
8" PVC, 12-14 L i rl. Ft. 32 $16.00 $512.00
Wyes Each 18 $175.00 $3,150.00
4" sel'~V ices L i rl. Ft. 625 $11. 00 $6,875.0121
Corlrlect tl::C existlrlg Each 1 $2,000.00 $2,000.00
Repair Shady Beach Tra i 1 Each 1 $1,000.00 $1,000.0121
---------------------------------------------------------------------
T.:.tal SaY",ital'~Y sewet"' cc.st................................ $33,81212.00
---------------------------------------------------------------------
---------------------------------------------------------------------
Wat el'~ma i rl
---------------------------------------------------------------------
I t ern
Url i t
Quarlt it Y
Url i t
Pl'~ i ce
Ce.st
--------------------------------------------.-------------------------
6" DIP L i rl. Ft. 930 $15.0121 $13,95121.1210
Hydrarlt s Each 1 $1,400.00 $1, 400. lZ1iZi
6" x 6" Tees Each 1 $150.00 $150.00
E,IJ Gate valves Each 3 $400.00 $1, 21Zl0. lZ10
6" Berlds EaCh 5 $90.00 $450.00
Sel'~v 1 ce assemblies Each 18 $175.00 $3,150.1210
1 II Cecppel'~ sel'~V ices L i rl. Ft. 670 $6.00 $4,020.00
Ce.rll"lect tel existirlg Each 2 $51210.00 $1,000.00
---------------------------------------------------------------------
Total Waterrnaln cost..................................... $25,320.00
------_____________N__________________________________________________
---------------------------------------------------------------------
St ell'~rn sewel'~
---------------------------------------------------------------------
I t ern
Url i t
Quantlty
Urll t
Pl'~ i ce
CClst
Catch basirls Each 1 $900.00 $900.00
Catch basl rl-Manhecles Each 4 $900.00 $3, 600.lZ10
CB-MH, ovet~ 4' L i rl. Ft. 7 $75.00 $525.1210
Marlhcll e lA, wi sk 1 rnrnel'~ Each 1 $1,31210.00 $1,300.00
Marlhc,l es Each 2 $1,000.00 $2, 000. 0lZ1
12" RCP L i rl. Ft. 289 $19.00 $5,491.00
15" RCP L i rl. Ft. 30 $2121.00 $600.0121
18" Rep L i rl. Ft. 297 $21. 00 $6,237.00
SlIt"ge BasiYr
Connect to existing
Repair blvd & driveway
Each
Each
Each
1
1
1
$600.00
$500.00
$1,000.00
$600.00
$500.00
$1,000.00
T Cet al St CI 1'''' rn sewet'" eels t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $22, 753. 1210
=====================================================================
Stt"eet sllt"faC1Ylg
I t em
UYll t
QuaYlt it Y
UY,it
Price
Cc,st
Subgt"ade pt"ep Lump 1 $1,50121.00 $1,50121.121121
Aggt"egate base Sq. Yd. 3266 $3.00 $'3,7'38.00
711 2331 Bit base Sq. Yd. 2805 $3.50 $9,817.50
<oJ
1.511 Bit wear Sq. Yd. 2805 $2.50 $7,012.50
C llt" b arid gllttet" Li rl. Ft. 1780 $6.00 $10.680.00
Adjust marrho 1 es Each 6 $125.00 $750.00
Adjust gate valves Each 2 $100.00 $200.00
FiYle gt"ade, seed arid mulch
bC'lllevat"d Each 1 $1,500.00 $1,500.00
Si 1 t feYlce, boulevat"d Li YI. Ft. 1780 $1.00 $1,780.00
Tc,tal Stt"eet sut"facirlg cc.st.............................. $43,038.0121
----------------------------------------------------------------------
----------------------------------------------------------------------
T cot a 1 bid................................................ $ 124, '313. 00
---------------------------------------------------------------------
---------------------------------------------------------------------
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EXHIBIT B
NO.
DATE:
TO: CITY OF PRIOR LAKE
4629 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' 5 ADDRESS
Expires
DATE
at our counters.
This is a clean Letter of Credit available 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
or~ginal Letter of Cred~t 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 period from the
present expiration date, unless (90) ninety 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.
BANX 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
We hereby engage with drawers andlor bona fide holders that
drafts drawn and negotiated in conformity with the terms of this
credit will be duly honored upon presentation.
BANX NAME
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
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~HIAITD
DEVELOPER AND CITY COST SlJMMARY
The following is a Sllmm8-ry of developer and city costs for Hidden View. The net
area of the final plat is 202,669 square feet.
DEVELOPER COSTS
Street Signs
$ 7,494.78
$ 0.00
$ 34,048.39
$ 3,256.84
$ 6,l18.00
$ 100.00
6% Arlministration Fee
Trunk Sewer & Watermain Fee
Stormwater Management Fee
Collector Street Fee
Park Dedication Fee
DEVELOPER OWES CITYlTOTAL $ 51,018.01
CITY COSTS
Storm Sewer Cost $ 22.753.00
CITY OWES DEVELOPERtrOTAL $ 22,753.00
HIDDEN VIEW
The following is an itemization of the project costs:
TOTAL PROJECT COST
COST
$ 33,802.00
$ 25,320.00
$ 22,753.00
S; 43r038.00
$124,913.00
ITEM
Sanitary Sewer
Watermain
Storm Sewer
Street
DEVELOPER COSTS
Determine 6% Project Administration Fee:
Total Construction Cost
$ 124,913.00
Developer 6% Administration Fee:
6% of $124,913.00 =
s; 7.494.78
Determine Amount of Letter of Credit:
Project Cost
125% ($124,9l3.00)
$ 124,913.00
$ 156,141.25
Determine Developer Trunk Sewer & Watermain Fee:
Land has been previously assessed for Trunk Sewer and Water Acreage charges
under Project No. 75-2.
Detp.rmine Developer Stormwater Manaeement Fee:
Net lot area is 202,669 sq. ft.
$.168/ sq ft (202,669 sq ft)
s; 34.048.39
Determine Developer Collector Street Fee:
Net lot area is 202,669 sq. ft.
$ 700/ac (202,669 sq ft) 43,560 sq ft/ac
s; 3.256.84
Street SillDS
Amount Developer owes for Street Name Signs
2 signs @ $50/sign
s; 100.00
CITY COSTS
Developers Storm Sewer Cost
<rrom Exhibit A)
$22,753.00
htl:X H I KIT En
SPECIAL CONDITIONS
1. The Developer is responsible for the installation of the street lighting. The
street lighting shall be approved by the City Engineer prior to installation.
2. The Developer will maintain the temporary sedimentation basins and erosion
control until 90% of the lots in the First Phase have turf established.
Removal of temporary sedimentation basins may be in conjunction with
other projects if acceptable to the City Engineer. The Letter of Credit
provided sball be retained in an amount sufficient to restore the temporary
sedimentation basins. The amount will be determined by the City Engineer.
3. The developer is responsible for installing all the lot corners by July 15, 1994.
4. The Park Dedication Fee of $6,118.00 is included in the Developers fees to
the City and the Developer agrees to pay all fees to the City prior to release of
plat hardshell.
5. Shady Beach Trail and Bayview Circle pavement section will be restored
within five (5) working days of completion of sanitary sewer and watermain
crossing. This does not include the thirty (30) day testing period for the
sanitary sewer line.
6. Traffic Control Plan to be used for the installation of sanitary sewer and
watermain work sball be approved by the City Engineer.
DAHID1.WRT
..
. -
~
'.
..
EXHIBIT F
POLICY FOR PRIVATE DEVELOPMENT PROJECTS
CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING
REQUIREMENTS
It is the policy of the City of Prior Lake that construction
activity for all private development projects within the city
shall be inspected by city sta~f personnel or city
engineerinq consultant firm personnel. The construction
ins~ection fee charged to the private development shall be
based upon the fee structure outlined in this policy and the
actual enqineering services completed by the city's
Engineering Department or their consultant's representative.
CONSTRUCTION INSPECTION ENGINEElUNG SERVICES FEE STRUCTURE
Private development ~rojects shall be financiall~ responsible
for the engineering Lnspection and testing serv1ces o~ the
development to the city. The invoices received by the Ci ty
from engineering consultants perfOrMing inspection or
material testing work shall be forwarded to the Developer for
payment. The Developer shall have t-N'enty (20) days in which
to pay the invoice to the consultant tir= from the date of
receipt of the invoice by the City of Prior Lake. In the
event that payment of an invoice is not made within the
t~enty (20) dar period, the City will draw on the Develo~er's
letter of cred~t to pay the invoices received from the C1ty's
consultants. The City will adjust the letter of credit
amount in a wa';( to ma.ultain 25% of the net construction cost
plus the rema.uling construction cost of the project as
determined by the City Engineer. If city staff is used for
construction inspect10n or testing services, the hourly
charge shall be as per the rates established by the city's
Finance Director.
CONSTRUCTION INSPECTION SERVICES
The construction inspection services includes the inspecting
of public infrastructure construction relating to ~~e
development.
The construction inspection service shall include:
~.
Inspection of public improvement systems which
include grading, sanitary sewer, watermain, sto~
sewer/ponding, and street srstems. Grading
inspection i~ fo~ overvi~w of dra.ulage swales and
not for deta~l s~te qrad~~. '
Documentation of construct~on work and all testinq
o f im~rovements.
As-bu~lt ~ocation dimensions for sanitary sewer,
watermain, and storm sewer facilities.
Coordination with testing company tor soil and
material testinq and actual material testing costs
as perfo~ed by City consultants or city staff.
2.
3.
4.
All other construction services are to be provided by
the developer's engineer which include the following:
3 .
4.
5.
6.
1.
2.
Construction surveying
AS-built drawings ot development im~rovements
dimensions to sewer and water serv1ces from
statt or city consultant)
Construction quantities
Change Orders
Construction administration of project
Construction payment vouchers
(Tie
city