HomeMy WebLinkAbout4C - Carriage Hills Second Addition
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STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
Consent (c)
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER APPROVAL OF FINAL PLAT FOR CARRIAGE
HILLS SECOND ADDITION (RESOLUTION 93-39)
JUNE 7, 1993
INTRODUCTION:
Warren J. Israelson, Progress Land Company, Inc., has filed for final
plat and developers agreement approval for "Carriage Hills Second
Addition." 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 principle requirements for final plat approval include a signed
developers agreement with surety for the installation of utilities and
streets and the satisfactory completion of all preliminary plat
contingencies.
The preliminary plat was approved by the City Council on June I,
1992 contingent upon eight items (See attached minutes from June 1,
1992). Items 1,2, 6, 7, and 8 apply to the final plat. There are a total
of 214 lots in the subdivision. The second addition contains 54 lots,
one park and trail access from Carriage Lane to the park. The trail
connection from Carriage Lane to the park will be installed with other
street improvements as part of the developers agreement for the
second phase. Also, two trail entrances within Carriage Hills First
Addition will be constructed as part of the developers agreement for
the second phase.
DISCUSSION:
All conditions of the preliminary plat relative to this phase have been
satisfied or will be accounted for in the developers agreement and
attached Resolution 93-39. The park dedication has been satisfied
with the land dedication of Outlot C, to the City of Prior Lake. The
developers agreement, prepared by Bruce Loney, is attached to the
agenda packet. The agreement specifies that the developer is
responsible for installation of all utilities, streets, park trails and all
other improvements as required by the sulxlivision ordinance.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION
REQUIRED:
The second phase of the development contains 54 lots. all of which
meet or exceed the minimum zoning standards. The final plat for the
second phase has been reviewed by staff and found to be in
substantial compliance with the preliminary plat.
1. Adopt Resolution 93-39 approving the final plat of Carriage
Hills Second Addition and outlining conditions to be met
prior to release of hardshell.
2. Deny the final plat for specific reasons finding inconsistency
with the approved preliminary plat.
3. Continue the discussion for additional information or to
allow the Council additional time to review the issues related
to the developers agreement.
Alternative number 1.
Motion to adopt Resolution 93-39 approving the final plat of Carriage
Hills Second Addition.
. RS9339"
RESOLUTION 93-39
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH ITEMS TO
BE COMPLETE PRIOR TO RELEASE OF, AND RECORDING OF HARDSHELL FOR
CARRIAGE HILLS SECOND ADDITION.
MOTION BY:
SECOND BY:
WHEREAS, the City Council has approved the Final Plat of Carriage Hills Second Addition;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that it should and hereby does require the following items to be complete, prior
to release of, and recording of said plat:
1. The hardshell dedication, language and format be subject to approval by the City
Attorney.
2. A title opinion for the plat be acceptable to the City Attorney.
3. Outlots A and C, Carriage Hills Second Addition be given to the City in a manner
acceptable to the City Attorney.
4. All utility, drainage, storm sewer, temporary and other easements required by the City
Engineer, be granted to the City of Prior Lake in a manner acceptable to the City
Attorney.
5. A signed and executed developers agreement as required by the City Engineer.
6. Payment of all required fees including but not limited to a $270.00 dollar final plat fee
and all fees outlined in the developers agreement.
7. Park support fees in accordance with City Policy, be paid at the time of building permit.
8. 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.
9. No building permits shall be issued until the final plat is fIled and recorded with Scott
County.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
10. Homes built upon lots within the subdivision will be subject to architectural controls, the
22% lot coverage ratio, and 30% impervious surface coverage as provided by City
Ordinances.
11. Submittal of 4 sets of mylar copies of the entire plat with all required signatures and
reduced copies of the entire plat to the following scales: 1" = 200', 1" = 800' and one
reduction at no scale which will fit on an 8th x 11" sheet of paper. Reductions must show
the 15' sanitary sewer easement between Lots 10 and 11, Block 1, Carriage Hills Second
Addition.
12. The "City Copy" hardshell, containing all required signatures be returned to the Prior
Lake Planning Office prior to issuance of any building permits for the plat.
Passed and adopted this 7th day of June, 1993.
YES
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
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Minutes of the Prior Lake city Council
June 1, 1992
A short recess was called.
The meeting reconvened at 8:25 p.m.
The next order of business was: Second Consideration of
Preliminary Plat Approval of Carriage Hills. City Manager
Unrnacht reviewed the results of the May 18 meeting at which t1me
Council requested the developer to study and consider a redesign
of the western portion of the development to eliminate the long,
straight streets and to consider other aspects of the subdivision
which neighbors and Council discussed at the meeting. Unmacht
then outlined t~e procedure to be followed during the hearing.
Developer, Warren Israelson, presented a sketch of the redesigned
plat and explained the changes which included three additional
cUl-de-sacs, one more access to the park, proposed sidewalks and
brick pavers at the park entrances. City Planner Graser
addressed the Council and explained that the major issues and
primary concerns of the long streets, landscaping and berm
treatment of the easements along CR 21, park access, parkland
dedication, wetland treatment and density issues -had been
addressed satisfactorily to staff. Graser also stated that the
Metropolitan community Development Committee of the Metropolitan
Council voted to recommend approval of Prior Lake's Comprehensive
Plan Amendment. The following residents spoke on the issue,
directed questions to staff, and complimented the developer on
the redesign:
Bob Cavill
14909 Manitou Road
Maryanne K. Whiting
14897 Manitou Road
Carl Hanson
4065 Raspberry Ridge
(*Carl Hanson distributed a copy of the Raspberry
Subdivision covenants for Council's information.)
Extensive discussion occurred on the placement of sidewalks and
brick pavers, drainage, access to undeveloped land and trailways
to the parks. Extensive discussion occurred on the Wetland
Management Act and the Metropolitan Council Review Process.
Ridge
Further discussion occurred on the Comprehensive Plan and zoning
concepts. A re9Uest was made on behalf of the residents by
Marranne K. Whit1ng that the City consider implementing an
env1ronmental task force and hold town meetings on the
Comprehensive Plan in order to obtain citizen input.
MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE
PRELIMINARY PLAT OF CARRIAGE HILLS SUBDIVISION SUBJECT TO
FOLLOWING CONDITIONS:
1. All utility and grading plans be acceptable to the city
Engineer.
2. All outlots be dedicated to the City.
3. The wetlands mitigation plans be acceptable to the City
Engineer.
4. Three road medians be included in the southerly
east/west roadway in the plat to be paid for by the
applicant and incorporating brick pavers.
THE
THE
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Minutes ot the Prior Lake city Council
June 1, 1992
5. A sidewalk to be included on the north side of the most
southerly east/west roadway in the plat to be paid for
by the developer.
6. The applicant receive all necessary state agency
permits.
7. A planting plan acceptable to staff be submitted to
screen the lots in the northwest part of the plat from
County Road 21. The planting plan will be implemented
via the Prior Lake developer's agreement. In the event
County Road 21 has not been upgraded when the phase of
development occurs which includes the lots in the
northwest part of the plat, then the estimated cost of
landscaping shall be placed in escrow. The planting
~lan shall be implemented shortly after the roadway is
1mplemented.
8. That brick pavers be introduced where trails cross
streets and at all park entrances.
Further discussion occurred regarding sidewalks_ 'on the
north/south collector street. Mr. Israelson commented on this
issue. Planner Graser discussed the criteria for the
establishment of sidewalks and recommended crosswalks delineated
by brick pavers at all intersections instead ot a sidewalk on the
north/south street. Councilmember Fitzgerald re9Uested that
prior to another subdivision request for considerat~on, that the
City Council have clear guidelines with respect to the location
of sidewalks. Council concurred. City Manager Unmacht asked
for a clarification as to the placement of the brick pavers in
Carriage Hills.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski,
and White, the motion passed unanimously.
A short recess was called.
Scott
The meeting was reconvened at 10:15 p.m.
The following topics were discussed:
A short discussion occurred on the status of the cable
television franchise transfer process in the City of Savage.
HRA 's $1.00 BUD Program Council directed City Manager HUD
Unmacht to check with Bill Jaffa to find out whether this
program will allow homes to be removed from the tax rolls.
Aerial survey of the lake by the DNR to spot
milfoil. Staff reported that the DNR will conduct
survey with infrared detection cameras. This
expected to produce a clearer picture as to the
milfoil infestation in the lake.
eurasian
an aerial
method is
extent of
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APFtICATIOO FOR 'mE suBoIVISIOO OF LAND
wrmrn '!HE CITY OF PRIOR LARE
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Property Owner: PrO(;JTf'!~~ Li'lnn ~()mp;my r 1 TnC"'
Address: 14300 Nicollp-t Court, Suih" ~~r:;.
Subdivider: Progress Land Compi'lny, Tn~
Address: 14300 Nicollet Court.. Sui h::. r~r:;,
Agent: Warren J. Israelson
Address: 14300 Nicollet Court, Suitp- :ns,
Phone: 4 1t; - 11 1 t;
~l1rnc::nri 11E'>. MN t;t;~~7
Phone: 4 1t; - 11 1 t;
~l1rnc::;vi11E'>. MN t;t;~~7
Phone: 4 1t; - 11 1 t;
~urn~vi11E'>, MN t;C;~~7
Name of Surveyor:
Name of Engineer:
.
Proqress Enqineering, Inc. Phone: 41S-111C;
Proqress Engineerin~. Inc. Phone: 43S-111S
Legal Description of Property:
;
Carriage Hills Second Addition
Property Idenification Nunber (PID): 25-284065-0
Present Zoning:
R-1
Pro:t:e rty Acr eage :
20 Acres
Deed Restrictions: No
Yes X If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or artj part of it:
No Yes X What was requested: PrE'> 1 i mi n~ry Pl ~ t-
When: 1992
I have read the Prior Lake Subdi vision Ordinance and agree to pr0\7ide the
information and do the work in accordance with the pr0\7isions of the ordinance.
, Llt(/
Fee Owner Signature
Date
3/zC/15
Date
'lllIS SECl'ION '10 BE FILLED rn BY 'lllE PLANNIro DIRFnUR
~ OOMMISSlOO
CITY a:>uN:IL
<DNDITIOOS:
APFROJED
APFROVED
DENIED
DENIED
OM'E OF HF.ARIro
DATE OF HF.ARIro
Signature of the Planning Director
Date
CARRIAGE HILLS SECOND ADDITION LOT AREAS
GROSS LOT GROSS LOT
LOT BLOCK AREA WIDTH LOT BLOCK AREA WIDTH
1 1 21,308 l21. 38 1 2 lO,693 84.00
2 1 12,154 96.00 2 2 Il,081 83.67
3 1 lO,240 80.00 3 2 l2,190 94.94
4 1 22,2l9 86.29 4 2 12,l25 96.00
5 1 l7,602 88.57 5 2 ll,l85 80.00
6 1 18,427 83.85 6 2 10,040 88.31
7 1 20,696 80.00 7 2 lO,055 llO.72
8 1 l8,523 80.00 8 2 lO,34l 80.00
9 1 l5,698 80.00 9 2 12,279 96.00
10 1 15,486 80.33 10 2 15,693 82.0l
II 1 2l,402 80.04 II 2 l7,228 82.0l
12 1 16,987 80.04 12 2 13,223 82.01
13 1 20,937 80.04 l3 2 l3,9l8 81. 99
l4 1 l2,l7l 96.00 14 2 l4,562 96.66
l5 1 lO,OOO 80.00 15 2 13,853 8l.29
16 1 17,003 80.22 16 2 10,250 82.00
l7 1 20,409 80.08 l7 2 lO,l97 82.02
l8 I 19,493 80.08 18 2 lO,141 82.82
19 1 24,039 80.03 19 2 10,521 83.40
20 1 lO,954 80.00 20 2 lO,82l 83.35
2l 1 10,298 80.68 21 2 lO,778 82.24
22 I 10,092 91. 02 22 2 12,057 96.00
23 1 lO,282 96.57
1 3 12,499 98.96
2 3 10,460 82.00
3 3 10,7l5 84.00
1 4 10,205 80.00
2 4 10,258 80.00
3 4 12,354 l07.49
1 5 l2,605 96.69
2 5 10,720 80.00
3 5 10,096 80.00
I UII""'V. OJ.'.'~."'''I\I'~I''I' ULt:.U
Minnrwt. Untfurm CunYII:)_n('4nl HI_oks (lit78)
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CorporaHon or p.,tnershlp to
Corporatk)n or Partnerthlp
No delinquent .taxes and transfer en tered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19_
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date:
,19_
(reserved for recording data)
FOR V ALUABLE CONSIDERATION,
Proqress Land Company. Inc.
,a Corporation
Minnesota, Grantor, hereby conveys and warrants to
City of Prior Lake
Corporation
Scott
under the laws of
under the laws of Minnesota
County, Minnesota, described as follows:
, Grantee, a
, real property in
Outlot A and C, Carriage Hills Second Addition
The seller certifies that the seller does not know of any wells
on the described real property.
(if more space is needed, continue on back'
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
.\ffix 11<'('<1 Tax Stamp II"TI'
By
By
Its
STATE OF MINNESOTA
COUNTY OF Scot t
} ~.
The foregoing was acknowledged before me this
by Warren J. Israelson
the President
of Proqress Land Company. Inc.
under the laws of Minnesota
NOTA-RiALS-TAMP OR SEAL (oR" "OTHER TITLE OR RANK)
26th day of
and
and
May
,19..2..L
rrl, , ...#~~
e. MARY SCHOENBERGER
; NaTAllY PUIlL~lNNESOTA
, SCOTT COUNTY
.. . IIY COlAM'SSIO/oI EXPIRES "_2Q.g]
, a
Ta. Statemenu for tbe real property d..crlbed In tblt Imtrummt dlould
be Hnt to (Include name and addre.. of Grant..):
Tins INSTRUMENT WAS DRAFTED aV(NAME ANO--ADDRESS);l
Progress Land Company, Inc.
14300 Nicollet Court
Suite 335
Burnsville, MN 55337
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 Proqress Land Company, 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
the Carriaqe Hills on the condition that, among other thin9s,
Developer enter into this Agreement to provide for installat10n
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 Proqress Land Com~any, Inc., as the
same may be from time to time mod1fied, amended or
supplemented.
b. "Cash Escrow Deposit" means a cash deposit with the City
Finance Director in the amount of $382,916.00 (100% of
Cost of Developers Improvements).
c. "Citr" means the City of Prior Lake, a governmental
subd1vision of the State of Minnesota.
1
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.
g. "City Finance Director" means the City Finance Director
of the City of Prior Lake.
h. "Cost of Developer Improvements"
Develo~er Improvements as estimated
on Exh1bit A in the City Engineer's
discretion.
means the cost of
by the City Engineer
sole and absolute
i. "Developer" means Proqress Land Company, 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, 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.
k. "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 to construct the Developer's Improvements
pursuant to the terms, conditions and limitations of
this Agreement; (iii) failure by Developer to observe or
perform any covenant, condition, obligation or agreement
on its part to be observed or performed under this
Agreement; (iv) transfer of any interest in Developer or
(v) failure to correct warranty deficiencies.
l. "First Completion Date" means September 30
19 93.
m. "Second Completion Date" means September 30
19 94.
n. "Including" means including, but not limited to.
o. "Letter of Credit" means an irrevocable letter of credit
in the amount of $95,729.00 (25% of Cost of Developer
Improvements) in the form of Exhibit B.
2
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
currently licensed in civil Engineering
Minnesota state Board of Registration for
Engineers, and Land Surveyors.
a person
with the
Architects,
t. "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.
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 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.
3
z. "Construction Inspection of Developer Projects" means
the inspection of Developer's Installed and Financed
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 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 any particular section or subsection
hereof are to the sect10n or subsection of the Agreement
as originally executed. Any titles of the several
~arts, articles and sections of this Agreement are
lnserted 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 - 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 terms 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
Re~istered Professional Engineer subject to review and
wr1tten ap~roval by City Engineer. Changes in plans,
specificat1ons, drawings and related documents will only
be ~ermitted if the revised plans, s~ecifications,
draw1ngs and related documents are submltted to and
4
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
Cit~ a fee equal to ,6% of the ,estima~ed developer
proJect cost as determ1ned by the C1ty EngIneer to cover
the costs of City in preparing and administering this
Agreement.
On or before the date hereof, Developer shall
to the City the Letter of Credit or Cash Escrow
at City's sole option.
furnish
Deposit
Bituminous Base street Improvements, storm Sewer
Improvements, Sanitary Sewer Improvements and Watermain
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 First Completion Date or the Second
Completion Date will cause the Letter of Credit or Cash
Escrow Deposit to be called on, 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 Develo~er
Installed Improvements in accordance with the POl1CY
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, watermain,
storm sewerjponding 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, watermain, 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:
5
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
period, 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
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.
Develo~er represents and warrants that neither the
execut10n and delivery of this Agreement, the
consummation 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
6
ordinances of all local, state and federal government
authorities.
4. OVERSIZING
City and Developer agree that the Develo~er Improvements
should be oversized for the benef1t of future
development. City and Developer agree that the cost of
system oversizing to be reimbursed to the Developer is
$79,592.48 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
Trunk storm Sewer (Residential)
Collector street Fee
$2,750.00/net acre.
16.8 cents/net sq. ft.
$700/net acre
Develo~er waives any and all claims, assertions, causes
of act1on, in law or in equity, as to the costs and/or
determination of said oversizing allocated to Developer,
calculations and/or determinations 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.
5. 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:
Comprehensive general public liability insurance against
claims for bodily injury, death or pro~erty damage
occurring upon or in the Propertr and the 1m~rovements,
such insurance to afford protect1on to a comb1ned 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 property 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.
7
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 Improvements. Each policy shall contain
a provision that the insurer shall give not less than
thirty (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 Cit~ promptly
upon their issuance and thereafter until th1rty (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
Credit guaranteeing satisfactory performance of the
Developer Improvements in an amount equal to 25% of the
8
ori9inal cost of the Developer Improvements which shall
be 1n 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 harmless
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 any
one or more of the following actions without
notification:
city may suspend its
Agreement.
b. City may cancel and rescind this Agreement.
a.
performance
under
the
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. 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.
9
e. City may suspend issuance of Building Permits
and/or Occupancy Permits on Developer's lots.
10. NON-DISCRIMINATION.
The provisions of Minnesota Statutes, Section 181.59,
and of Chapter 11, Title 1 of the Prior Lake City Code
as mar be modified, which relate to civil rights and
discr1mination and affirmative action shall be
considered a part of this Agreement as though whol1r set
forth herein, and Developer agrees to comply therew1th.
11. ASSIGNMENT.
Developer represents and agrees for its successors and
assi9ns that Developer has not made or created and that
it w1ll 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.
12. 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
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, br 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 City:
City Engineer
City of Prior Lake
4629 Dakota Street SE
Prior Lake MN 55372
10
with a copy to:
Glenn R. Kessel
Lommen, Nelson, Cole & Stageberg,
P.A.
1800 IDS Center
80th South 8th street
Minneapolis MN 55402
If to Developer:
Warren J. Israelson, P.E.
PROGRESS LAND COMPANY, INC.
14300 Nicollet Court
Burnsville, MN 55306
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 ~eriod of such Unavoidable Delay, provided, that
the part1es 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 formality 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 anr obligation or agreement
on the part of Developer here1n contained, 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 a~rees to hold
harmless, indemnify and defend City and 1ts 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.
11
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
By
Glenn Kessel
By
day of
ttr~
rys res1dent
, 1993 .
APPROVED AS TO FORM:
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.]
12
STATE OF MINNESOTA}
} ss:
COUNTY OF SCOTT }
On thed day of , 1993, before me, a Notary PUblic,
with ana-Ior said personally appeared Warren J. Israelson
to me personally nown, being personally known, being b~ me duly
sworn did say that he is the President of the cor~orat1on named
in the foregoing instrument; and that the seal aff1xed to said
instrument is the cor~orate seal of said corporation, and that
said instrument was s1gned and sealed on behalf of said
corporation by authority of its Board of Directors and said
Warren J. Israelson acknowled~ed said instrument to be the free
act and deed of said corporat1on. ) \
@....BERNICEA.JULKOWSKI ~/ /A ) .4 / ..I ,
JJ' NOTARVPUBUC-M'NNESOTA J1~ U'rjfPk~P;
SCOTT COUNTY otary Publ
My Comm. Exp. Oct. 16. 1996
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 the~ are the Mayor and City Mana~er, respectively,
of the city of Pr10r Lake, a Minnesota munic1~al corporation,
named in the foregoing instrument; and that sa1d instrument was
si~ned on behalf of the municipal corporation and acknowledged
sa1d instrument to be the free act and deed of said municipal
corporation.
Notary Public
13
EXHIBIT A
ENGINEERS ESTIMATE FOR CARRIAGE HILLS SECOND ADDITION
SANITARY SEWER CONSTRUCTION
Est Unit
Item Description Unit Quan Amount Amount
A-l Cut into Ex MH (Include Each 1 $5/000.00 $5/000.00
Outside Drop)
A-2 8" PVC 0-8' Deep L.F. 692 $10.00 $6/920.00
8-10' Deep L.F. 894 $12.00 $10/728.00
10-12' Deep L.F. 393 $14.00 $5/502.00
12-14' Deep L.F. 347 $16.00 $5/552.00
14-16' Deep L.F. 284 $18.00 $5/112.00
16-18' Deep L.F. 525 $20.00 $10/500.00
18-20' Deep L.F. 82 $22.00 $1/804.00
20-22' Deep L.F. 70 $24.00 $1/680.00
A-3 8" DIP in Lieu of 8" PVC L.F. 80 $7.00 $560.00
A-4 8" SDR26 in Lieu of SDR35 L.F. 245 $2.00 $490.00
A-5 Jack Under CR 21 incl L.F. 70 $145.00 $10/150.00
60'-24" Steel Casing
A-6 Std MH 0-8' Deep Each 14 $1/000.00 $14/000.00
A-7 Drop Section 0-5' Deep Each 3 $900.00 $2/700.00
A-8 8" Cleanout Each 1 $175.00 $175.00
A-9 Extra MH Depth L.F. 68 $80.00 $5/440.00
A-I0 Extra Drop Depth L.F. 14 $90.00 $1,260.00
A-ll 8" X 4" PVC Wye Each 54 $35.00 $1,890.00
A-12 4" PVC Service Pipe L.F. 2000 $5.50 $11,000.00
(Schedule 40 )
A-l3 Sand Bedding Ton lOOO $5.00 $5,000.00
A-l4 Crushed Rock Ton 200 $8.00 $1,600.00
Total Sanitary Sewer Amount $107,063.00
Item
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-I0
B-ll
B-12
Item
C-l
C-2
C-3
C-4
C-5
C-6
C-7
C-8
C-9
C-I0
C-l1
EXHIBIT A
WATERMAIN CONSTRUCTION
Est
Description Unit Quan
Unit
Amount
Amount
Conn. to Ex. 16" DIP
Each
1 $500.00 $500.00
Conn. to Ex. 8" DIP
Each
1 $300.00 $300.00
16" DIP Cl50
L.F.
1490 $30.00 $44,700.00
1710 $13.40 $22,914.00
8" DIP Watermain
L.F.
6" DIP Watermain
L.F.
318 $11.50 $3,657.00
1" Copper
L.F.
1870 $5.50 $10,285.00
54 $125.00 $6,750.00
1" Corp, Cb St & Box
Each
16" Valve & Box
Each
2 $1,500.00 $3,000.00
8" Valve & Box
Each
5 $430.00 $2;150.00
1 $330.00 $330.00
6" Valve & Box
Each
Hydrant, 6" Valve & Box
Each
7 $1,250.00 $8,750.00
5710 $1.10 $6,281.00
Fittings for DIP
Lb.
Total Watermain Amount
$109,617.00
STORM SEWER CONSTRUCTION
Est
Description Unit Quan
Unit
Amount
Amount
18" RCP Cl 3, 0-10' Deep L.F.
210
$22.00 $4,620.00
15" RCP Cl 5, 0-11' Deep L.F.
889
$20.00 $17,780.00
12" RCP Cl 5, 0-8' Deep L.F.
551
$19.00 $10,469.00
Std 48" MH,CB 0-8' Deep
Each
10 $1,000.00 $10,000.00
std 2'X 3' CB 0-8' Deep
Each
5 $900.00 $4,500.00
Extra MH Depth
L.F.
7 $80.00 $560.00
18" Flared End
With Trash Guard
15" Flared End
With Trash Guard
Riprap
Each
1
$750.00
$750.00
Each
$600.00
$40.00
1
$600.00
$280.00
C.Y.
7
6" Filter Blanket
C.Y.
3.5
$10.00 $35.00
$1.50 $12,327.00
$61,921.00
Pond Excavation
C.Y.
8218
Total Storm Sewer Amount
EXHIBIT A
PAVING CONSTRUCTION
Est Unit
Item Description Unit Quan Amount Amount
D-l 3" 2331 Bi t. Base Ton 1520 $21.00 $31,920.00
D-2 1.5" 2341 Bit. Wear Ton 760 $24.00 $18,240.00
( I nc 1 . Tack Coat)
D-3 Subgrade Preparation Lump 1 $2,000.00 $2,000.00
D-4 4" 100% Crushed Rock Base Ton 2400 $6.30 $15,120.00
D-5 D412 Cone. Curb & Gutter L.F. 5750 $4.40 $25,300.00
D-6 Adjust CB Each 9 $50.00 $450.00
D-7 Adjust MH Each 14 $160.00 $2,240.00
D-8 Adjust VB Each 8 $130.00 $1,040.00
D-9 8' Brick Paver S.F. 225 $5.00 $1,125.00
D-10 8 ' Bi t. Trail L.F. 430 $16.00 $6,880.00
Total Paving Amount $104,315.00
Total Project Amount $382,916.00
LANDSCAPING ADJACENT TO COUNTY RD. NO. 21
Est Unit
Item Description Unit Quan Amount Amount
E-l Trees Each 15 $150.00 $2,250.00
E-2 Shrubs Each 33 $30.00 $990.00
Total Landscaping Amount $3,240.00
Item
A-I
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-I0
A-II
Item
B-1
B-3
30 $20.00 $600.00
70 $145.00 $10,150.00
2 $1,000.00 $2,000.00
1 $900.00 $900.00
18 $80.00 $1,440.00
150 $5.00 $750.00
40 $8.00 $320.00
EXHIBIT A
TRUNK COSTS FOR CARRIAGE HILLS SECOND ADDITION
SANITARY SEWER CONSTRUCTION
Est
Description Unit Quan
Unit
Amount
Cut into Ex MH (Include
Outside Drop
8" PVC 0-8' Deep
8-10' Deep
10-12' Deep
12-14' Deep
14-16' Deep
16-18' Deep
18-20' Deep
20-22' Deep
22-24' Deep
24-26' Deep
Each
1 $5,000.00
73
8
8
18
9
40
74
46
32
107
$10.00
$12.00
$14.00
$16.00
$18.00
$20.00
$22.00
$25.00
$28.00
$32.00
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
8" DIP in Lieu of 8" PVC L.F.
Jack Under CR 21 incl L.F.
60'-24" steel Casing
Std MH 0-8' Deep Each
Drop Section 0-5' Deep Each
Extra MH Depth L.F.
Sand Bedding Ton
crushed Rock Ton
Clear & Grub Lump
Amount
$5,000.00
$730.00
$96.00
$112.00
$288.00
$162.00
$800.00
$1,628.00
$1,150.00
$896.00
$3,424.00
1 $1,500.00 $1,500.00
Turf Restoration Acre
Total Sanitary Sewer Amount
1 $500.00 $500.00
WATERMAIN CONSTRUCTION
Est
Description Unit Quan
Unit
Amount
16" DIP CI 50
95
$30.00
$1.10
L.F.
Fittings for DIP
Lb.
155
Total Trunk Costs Outside Plat
plus 15% Engineering
Total Trunk Credits Outside Plat
$32,446.00
Amount
$2,850.00
$170.50
$3,020.50
$35,466.50
$5,319.98
$40,786.48
Item
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-I0
Item
C-1
C-2
C-3
C-4
C-5
C-6
C-7
C-8
C-g
C-I0
C-ll
D-l
EXHIBIT A
WATERMAIN CONSTRUCTION
Est
Description Unit Quan
Conn to Ex 16" DIP
Conn to Ex 8" DIP
16" DIP Cl 50
8" DIP
16" Valve & Box
8" Valve & Box
Fittings for 16" DIP
Fittings for 8" DIP
Less 8" DIP @ Surrey Ln
and Coachman Lane
Less 8" PVC @ Coachman
Each
Each
L.F.
1370
L.F.
1370
Each
Unit
Amount
1
$500.00
Amount
$500.00
$30.00 $41,100.00
($300.00)
($13.40)($18,358.00)
2 $1,500.00 $3,000.00
Lb.
1150
Each
1
($300.00)
Lb.
2 ($430.00) ($860.00)
4630 $1.10 $5,093.00
L.F.
60
L.F.
10
Total Watermain Amount
($1.10) ($1,265.00)
($13.40)
($10.00)
Total Trunk Costs Inside Plat
Total Trunk Credits Outside Plat
Total Trunk Credits
STORM SEWER CONSTRUCTION
Est
Description Unit Quan
18" RCP CI 3, 0-8' Deep
15" RCP CIS, 0-8' Deep
12" RCP Cl 5, 0-8' Deep
Std 48" MH,CB 0-8' Deep
Std 2'X 3' CB 0-8' Deep
Extra MH Depth
18" Flared End
With Trash Guard
15" Flared End
With Trash Guard
Riprap
6" Filter Blanket
Pond Excavation
L.F.
210
L.F.
889
L.F.
551
Each
Unit
Amount
$22.00
($804.00)
($100.00)
$28,006.00
$28,006.00
$40,786.48
$68,792.48
Amount
$4,620.00
$20.00 $17,780.00
$19.00 $10,469.00
10 $1,000.00 $10,000.00
Each
L.F.
5 $900.00 $4,500.00
7 $80.00 $560.00
Each
Each
C.Y.
7
C.Y.
3.5
C.Y.
8218
8' Bit. Trail
Total Storm Sewer Amount
L.F.
430
1
$750.00
1
$600.00
$40.00
$750.00
$600.00
$10.00 $35.00
$280.00
$1.50 $12,327.00
$6l,921.00
$l6.00
$6,880.00
EXHIBIT A
CARRIAGE HILLS SECOND ADDITION rm AREAS
GROSS DRAINAGE NET GROSS DRAINAGE NET
LOT BLOCK AREA EASEMENT AREA WI' BLOCK AREA EASEMENT AREA
1 1 21,308 7,946 13,362 1 2 10,693 0 10,693
2 1 12,154 0 12,154 2 2 11,081 0 11,081
3 1 10,240 1,100 9,140 3 2 12,190 0 12,190
4 1 22,219 13,126 9,093 4 2 12,125 0 12,125
5 1 17,602 8,437 9,165 5 2 11,185 0 11 , 185
6 1 18,427 9,767 8,660 6 2 10,040 0 10,040
7 1 20,696 11,896 8,800 7 2 10,055 0 10,055
8 1 18,523 9,723 8,800 8 2 10,341 0 10,341
9 1 15,698 1,552 14,146 9 2 12,279 0 12,279
10 1 15,486 0 15,486 10 2 15,693 0 15,693
11 1 21,402 0 21,402 11 2 17,228 0 17,228
12 1 16,987 2,500 14,487 12 2 13,223 0 13,223
13 1 20,937 2,096 18,841 13 2 13,918 0 13,918
14 1 12,17l 0 12,171 14 2 14,562 0 14,562
15 1 10,000 0 10,000 15 2 13,853 0 13,853
16 1 17 ,003 1,851 15,152 16 2 10,250 0 10,250
17 1 20,409 5,544 14,865 17 2 10,197 0 10,197
18 1 19,493 5,981 13,512 18 2 10,141 0 10,141
19 1 24,039 4,942 19,097 19 2 10,521 0 10,521
20 1 lO,954 0 10,954 20 2 10,82l 0 10,821
21 1 10,298 0 10,298 21 2 10,778 0 10,778
22 1 10,092 0 10,092 22 2 12,057 0 12,057
23 1 10,282 0 10,282
1 3 12,499 0 l2,499
2 3 10,460 0 10,460
3 3 10,715 0 10,715
1 4 10,205 0 10,205
2 4 10,258 0 10,258
3 4 12,354 0 12,354
1 5 12,605 0 l2,605
2 5 10,720 0 10,720
3 5 10,096 0 10,096
TOTAL GROSS WI' AREA 739,563
AVE WI' AREA 13,696
TOTAL NET rm AREA 653,102
NO.
DATE:
EXHIBIT B
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'S 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
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 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.
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
We hereby engage with drawers and/or bona fide holders that
drafts drawn and negotiated in conformity with the terms of this
credit will be duly honored upon presentation.
BANK NAME
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
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EXHIBIT D
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and city costs for
Carriage Hills Second Addition. The net area of the final plat
is 653,102 square feet.
DEVELOPER COSTS
6% Administration Fee
$ 18,434.61
$ 23,567.50
$ 109,721.14
$ 10,495.21
$ 3,240.00
$ 250.00
$ 165,708.46
Trunk Sewer & Watermain Fee
Stormwater Management Fee
Collector Street Fee
CSAH 21 Landscaping Cost
Street Signs
DEVELOPER OWES CITY/TOTAL
CITY COSTS
Sanitary Sewer & Watermain
Trunk Costs
$ 68,792.48
Carriage Hills Parkway
Oversizing
$ 10,800.00
Storm Sewer Cost
$ 61,921.00
$ 6,880.00
Trails entrances to city park
Cost
CITY OWES DEVELOPER/TOTAL
$ 148,393.48
1
CARRIAGE HILLS SECOND ADDITION
The following is an itemization of the project costs:
TOTAL PROJECT COST
COST
$ 107,063.00
$ 109,617.00
$ 61,921.00
$ 104,315.00
$382,916.00
ITEM
Sanitarr Sewer
Waterma1n
Storm Sewer
street (Includes trails)
DEVELOPER COSTS
Determine 6% Project Administration Fee
Total Construction Cost
Minus Trunk Sanitary Sewer & Water
Minus City Trail Cost
TOTAL
$ 382,916.00
<$ 68,792.48>
<$ 6,880.00>
$ 307,243.52
Developer 6% Administration Fee
6% of $307,243.52 =
Determine Amount of Letter of Credit
Project Cost
125% ($382,916.00)
Cash Deposit (100% Amount)
Letter of Credit (25% Amount)
(To be used for warranty)
Determine Developer Trunk Sewer & watermain Fee:
$ 18,434.61
$382,916.00
$478,645.00
$382,916.00
$ 95,729.00
Net lot area is 653,102 sq. ft. or
Amount of Trunk sanitary Sewer & watermain
Previously Assessed
Net Area for Trunk Sewer & Water Fee
14.99 ACRES
6.42 ACRES
$2750/AC (8.57 ACRES)
8.57 ACRES
$ 23,567.50
Determine Developer Stormwater Manaqement Fee:
net lot area is 653,102 sq. ft.
$.168/ sq ft (653,102 sq ft)
=
$109,721.14
Determine Developer Collector Street Fee:
Net lot area is 653,102 sq. ft.
$ 700/ac (653,102 sq ft)/43,560 sq ft/ac = $ 10,495.21
2
CSAH 21 Landscaping Cost
The developer is responsible for the landscapin~ along CSAH 21 on
the rear lot lines of Lots 11-19, Block 1, Carrlage Hills Second
Addition. The landscaping amount to the future CSAH 21
improvement project tentatively scheduled in 1995 will be
escrowed at this time and is as follows:
DESCRIPTION
ESTIMATED
QUANTITY
Trees
Shrubs
15 Each
33 Each
UNIT
AMOUNT
$150.00
$ 30.00
AMOUNT
$2,250.00
990.00
3,240.00
Amount Developer owes for Street Name Signs
5 signs @ $50jsign
$
250.00
CITY COSTS
Sanitary Sewer & Waterrnain Trunk Costs
The City is responsible for the costs of installing the sanitary
sewer to the plat and extra depth of the sanitary sewer to serve
adjacent property. Also the Citr is responsible for oversizing
of trunk sewer and water ma1ns over 8" in size. In Carriage
Hills Second Addition, a 16" watermain is being installed per
City water plan to serve the northeast portion of the City.
Trunk Costs are as follows:
Amount of Developer's Trunk Cost of
of Sewer & Watermain outside of Plat
$35,466.50
Engineering Cost on Amount Outside of Plat
(15% of $35,466.50)
Total Trunk Sewer & Water Outside of Plat
$ 5,319.98
Amount of Developer's Trunk Water Cost in Plat
Total of Developer's Trunk Sewer & Water Cost
(In and Out of Plat)
$40,786.48
$28,006.00
$68,792.48
Collector Street Reimbursement
Per the City's Assessment Policy on the Collector Street fee, the
city will reimburse any right-of-way in excess of 50 feet at a
current rate cost of $8,000.00jacre. Carriage Hills Parkway has
a ROW width of 110 feet for a length of 980.10 feet. The ROW
reimbursement cost to the Developer is as follows:
980.10' x 60' = 58,806.00sq. ft. or .1.35 acres
Reimbursement = 1.35 acres @ $8,000 jacre = $10,800.00
3
Developer's storm Sewer Cost
(From Exhibit A)
Cost of city Park Bituminous Trail at Park Entrances:
$61,792.48
The City of Prior Lake has requested the Developer to install the
park entrance bituminous trails in three locations within
Carriage Hills First and Second Additions. The cost of
installing approximately 430 lineal feet of trails in the project
is as follows:
8' Bike Path through Carriage Hills First and
Additions
Second
8' Bituminous Trail
430 L.F. @ $16/L.F. = $6,880.00
4
"EXHIBIT E"
SPECIAL CONDITIONS
The Developer is responsible for the installation .of
street lighting. The street lightin~ shall be approved
the city Engineer prior to installat1on.
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 shall be retained in an amount sufficient to
restore the temporary sedimentation basins. The amount will
be determined by the City Engineer.
the
by
1.
3. The developer is responsible for installing all the lot
corners by June 1, 1994.
4.
Developer cannot begin any construction of
Second Addition improvements until the
Carriage Hills First Addition is completed
City Engineer.
5. Developer is responsible for providing a temporary easement
for the temporary sediment basin on Lots 12, 13, 16, & 17,
Block 1, carriage Hills Second Addition with easement to
expire upon removal and restoration of area by the
Developer.
the Carriage Hills
grading of the
acceptable to the
...
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 staff personnel or city
engineering consultant firm personnel. The construction
inspection fee charged to the private development shall be
based upon the fee structure outlined in this policy and the
actual engineering services completed by the city's
Engineering Department or their consultant's representative.
CONSTRUCTION INSPECTION ENGINEERING SERVICES FEE STRUCTURE
Private development ~rojects shall be financiallr responsible
for the engineering 1nspection and testing serv1ces of the
development to the city. The invoices received by the City
from engineering consultants performing inspection or
material testing work shall be forwarded to the Developer for
payment. The Developer shall have twenty (20) days in which
to pay the invoice to the consultant firm 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
twenty (20) dar period, the City will draw on the Develo~er's
letter of cred1t to pay the invoices received from the C1ty'S
consultants. The Citr will adjust the letter of credit
amount in a war to ma1ntain 25% of the net construction cost
plus the rema1ning construction cost of the project as
determined by the Citr 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 the
development.
The construction inspection service shall include:
1.
Inspection of public improvement systems which
include grading, sanitary sewer, watermain, storm
sewerjponding, and street srstems. Grading
inspection is for overview of dra1nage swales and
not for detail site gradin9' .
Documentation of construct10n work and all testing
of im~rovements.
As-bu1lt location dimensions for sanitary sewer,
watermain, and storm sewer facilities.
Coordination with testing company for soil and
material testing and actual material testing costs
as performed 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:
1.
2.
Construction surveying
As-built drawings of development im~rovements
dimensions to sewer and water serv1ces from
staff or city consultant)
Construction quantities
Change Orders
Construction administration of project
Construction payment vouchers
3.
4.
5.
6.
(Tie
city