HomeMy WebLinkAbout6B - West Edge Estates Final Plat
SU07CI
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
ISSUES:
STAFF AGENDA REPORT
68
DEB GARROSS, DRC COORDINATOR
CONSIDER ADOPTION OF RESOLUTION 93-85 APPROVING
THE FINAL PLAT OF THE FIRST ADDITION TO WEST EDGE
ESTATES AND DEVELOPERS AGREEMENT.
NOVEMBER 1, 1993
Stassen Construction Inc., represented by Louis Stassen, has
filed for final plat and developers agreement approval for the First
Addition to West Edge Estates. 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. In addition, the Council is requested to
authorize staff to prepare the developers agreement in accordance
with conditions outlined in Resolution 93-85.
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 developers agreement was not complete as of
the date this agenda report was written. It is the intent of
Engineering staff to forward a draft developers agreement to the
COuncil. The developer must submit a current title opinion for the
plat in order for the developers agreement to be complete and for
the City Attorney to sign off on the final plat. Staff does not
anticipate changes in the attached draft developers agreement
other than those related to the title opinion and/or revised cost
estimates associated with final Engineering plans.
The preliminary plat was approved by the City Council on August
16, 1993 subject to ten conditions outlined in Resolutions 93-68
and 93-69. See attached Council minutes and Resolutions for
reference to the contingencies placed upon the preliminary plat.
The 4.8 acre multiple family development was contemplated to be
completed in two phases over the next three to five years. There
are a total of twelve units within the First Addition.
The conditions placed upon the preliminary plat have been satisfied
or will be accounted for in the' developers agreement and
Resolution 93-85 approving the final plat. The park improvements
-1-
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
associated with this phase include installation of sidewalk adjacent
to the private east/west road and connection to 170th Street. In
addition, the developer will be required to pay a park dedication fee.
No land dedication is required within this PUD.
The developers agreement will be prepared by Bruce Loney and
Glenn Kessel. The agreement will specify that the developer is
responsible for installation of all utilities, streets, sidewalks and all
other improvements as specified by the subdivision ordinance.
Engineering staff will be present at the meeting to review details of
the developers agreement with the Council.
ALTERNATIVES:
1.
Adopt Resolution 93-85 approving the final plat of the First
Addition to West Edge Estates, and authorize staff to
prepare the developers agreement according to a current
title opinion and final plans and specifications for streets
and utilities.
2. Table or continue this item for specific reasons as
determined by the City Council.
3. Deny the plat finding it inconsistent with the approved
preliminary plat.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion to adopt Resolution 93-85 approving the final plat and
developers agreement, to be prepared in accordance with a current
title opinion and final plans and specifications for the project.
-2-
RS93SS
RESOLUTION 93-85
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SE'ITING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT OF THE FIRST ADDITION TO WEST EDGE ESTATES.
MOTION BY:
SECONDED BY:
WHEREAS. the City Council has approved the Final Plat of the First Addition to West Edge Estates.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE 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:
I. A title opinion or commitment of title insurance be submitted acceptable to the City Attorney.
2. Payment of all fees including but not limited to: final plat fee of $60.00 dollars; park dedication fee, trunk
sewer charge, stonn water management fee, collector street fee and aU other fees associated with the
developers agreement
3. The Developer's Agreement, as drafted by the City Engineer, shall be signed and fully executed prior to the
release of the Final Plat. All fees shall be paid prior to release of the Final Plat.
4. Reductions of the entire plat be submitted, to the following scales: 1"-800', 1".200', and one reduction at
no scale which fits onto an 8 In." x II" sheet of paper.
5. Four mylar sets of the final plat with all required signatures be submitted.
6. A complete set of construction plans and specifications for all public works facilities for subdivision be
submitted in accordance with the requirements of the "Public Works Design Manual."
7. Installation of a private road including concrete curb and gutter and a bituminous surface, acceptable to the
City Engineer.
8. The applicant shall submit a copy of the proposed covenants which include a statement, acceptable to the
City Attorney, that the drives are to remain private in perpetuity and maintenance will be the responsibility
of the private land owners, not the City of Prior Lake.
9. Utility and drainage easements along with an erosion control plan and sewer/water plan be revised
acceptable to the City Engineer. All easements including those necessary on the plat of West Edge Estates
be granted, acceptable to the City Engineer.
10. Concrete curb and gutter shall be installed along the main east/west drive and overflow parking areas,
however it will not be required along individual unit driveways.
11. A pedestrian side walk. system shall be installed along the entire east/west private road and a connection
south to 170th Street, acceptable to the City Parks Director.
12. A landscape plan be submitted acceptable to the Director of Planning.
13. The developer submits a copy of and agrees in writing to distribute literature to future buyers of lots which
indicate the sidewalk improvements approved as part of the development.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.........
NOTES:
.........
a) Payment of park support fees in accordance with City Policy at the time of building permit.
b) Building permits for the units 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. .
c) No building permits shall be issued until the Final Plat is filed and recorded with Scott County with the
exception of one permit which may be issued to the underlying legal description for the entire parcel.
d) Phase two shall not be constructed until a public road (future Simpkins Circle) is constructed and accepted
by the City Engineer. The applicant has agreed to realign the proposed private drive in the event that a
future public street access is relocated.
e) 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.
t) At the time of building permit. the developer shall post a letter of credit with the City for the complete
landscape installation including (plants, mulch and edgers). The letter of credit shall be held by the City and
used. if necessary, to effect satisfactory completion of the project in the event of incomplete or failed work.
The value of the letter of credit shall be 125% of the estimated construction costs for plants. mulch and
edgers.
g) An easement for sidewalks be granted acceptable to the City Parks Director.
Passed and adopted this 1st day of November, 1993.
Yes
No
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{ Seal }
..,
~
-,T
~- ~
..,
tJ.j
l~";
,~
~~
"U
, -
G~
:..:::~: ..~--=-- -'+:'IJ- ~- .-r'f""'" -d::.
I ........... .: I I '.'
- , .- "'.... --. \ .. :
: 8 8' \. I ~ ..
I: 'a II ..-
II : ": III 11'\. \ u ~ 3
'.~ ~I Iii \ \:
ii' ~ 3 2 ~:\ I In \ . ~ z 3
\ ~ \
\ t ' 8
I 8 .. ~ \ ~ \, -
I : I ~ \
ii, _...... ..: \l ~_'~ -,"..~I --
L__o~.-!:-~.-!.-J " -~--=--
FIRST
ADDITION
~~'E s;- fiU :;' Y
-
i
!
~
r",
.=: .-
Ih :'u
.n'iI
~ i
!
l
--
! ~=-~
---
r - - .......-. -.
.. .j......
f .-.... -.. \
. ~~
Ii
ii
I:,
....
..
.
z
3 .
.1z
z
,1
t.a
zl
:i
....
....00 --
-=':'-i
-';,
:
.,
i'
"
::
-.-
-.~I .
"
,
- I ~
L !~
T
-.--- -. ~-
..." .,....,"
-...--.
co,
ROAD
~~;
.~ :i/~ [J
TO
:,= ~':":::..n
:= ::-:.."...,... ......
".. ,...,.(
_.....-.w
-~
8
:~
~i .
8' 8)
. ~.
-i
8
: :
,
_T.IL'"
~,,::o....
1
l.a
.1
~i
-
......--
".,..,...
NO.
/2
WEST
EDGE
ESTATES
p~/I"4 0::";
I
I-
I
I
---t
/~~.-
./ ,... "." .
1 /1/'< I'
// ,v~~
./~, / w
// # --/'/ li~:
/. ~/ r
~\..././ , ....,...---/ I- ...il
: ___ /'" '. .. . ,...--- I :.=Er
--~ ~..~" ...'" / Illl:;"
: .~~~ ' / ",- ,!
~~."".- \/ I !~.~
~ ./ ; ~!'
--L----/'' I; :,
e I.!
I
I ~
Ii
I-
I
__..J :
------.
-------
--.".---------
.-
... ,.
..--
.-
..-
o
o
...
\)1
( /70 TH
STREET)
.
.
,
, '
'. I
NQ
.if'~:ir..... .--.-
-",,~.nII ,'r~~;TH ST:tEET}
12
Valley Surveying Co.. P. A .
:"-J
c..
::~
~)
L'-
)....
Q::
-,
c;:,
~-
'" ~
~
------ ------
.
,
~ .. .ur
".un.....--.~
.en __ .....--
-.---
....,.....
0........,.-..--
-"tn'..__
~-"-
..rw" ___-.--
MW .,..nnw ____
..... _~ -.t.~"
..- ..u..1'a...- ~----
nee .......... ...
SHEET 2 a: 2 SHEETS
FIRST
ADDITION
TO
WEST
EDGE
ESTATES
s.- ALL _ II DIal ftIIIIImIl 'Dat;~. .......... . ~ ...- 1_ --.... 8'- ~. bo., . u-.
~ ____............, "f~~ ~ ..........._ c.a...vol~.~.r -- to .u..
1 ..... .-u.tJ' ~ 1 __ _____ -.&a ~ .... .. ....... ..-... ... ~ f. ~ .. .. 1'_.
'Did .... ., ... ..... J9Q.OO ,-' of .. .... fI2Q.OD r__ ., .. 8Gu-' ~ ., ... ~ ~ of a..u. "
~ 1~. .... 22. Soo'*' c..tr. 11-'- 1.rLIII __ of .. Il1M ., KIBDIllO& ISDDI. ~ c-&r. _.
C1tJ' .~. J'I"l.Gr ~. .......
on.& ..... _.., tal _' ''').
... ....... .. _ -. 1M ~ .... ~ .. f1IISt &DDD1OI to IIISIIIIC& ISUDB. .... .. --- ..... ... ~- .. ..
..-u- r. ,..u.o _ r___ .. __ .... __ r_ uU.ll. ... ~ ....... -.LI - - - - ~t;.
1Id8 111M. ... ~ lit' ~ __ .. Cltl' ., f'd.CIC &.-. ___ n . ~ -.&laI; ...... ~ .u oa;# fII/l
_,19'9). .... 1a....-u- 111_ ~., ___ ~ s..u.a ~.O,. llIIIII.1na-l.. -
1a __ ......, ..w ..... ~ 1M.. . __ ~. .......... - ---- .. .. ...... .. U. ......
..-.
...-
.-.
,..-
~tIIY__ol
.. .a.. ..._ ...., -.&.tI ........... ..--. . ~ ...-. .. ..... _ ...-.. .. .. ....... ~ - ... 01
. ,,,).
. ,,,,.
~..... ~.
AU ....... '''_ ..... ... ....... &a a.u .. Ill: 1Dia _ ... of
. 199).
~._~~.
...
1"~'
s.n. ~ Tz.....-
~ ... S___
_.
.....,..s... .1....-.
,... c..- ...u.....
SWIl _..-.
OllUn'tfW tMl~~...~.,.._tIala"'oI
'"" ~~., a--.~. x.... . ~~....... - iiiiiIl""... .u. ......-u--
.1993. .. L.-I.aU
.. ~ __ ... .....r. ____ ..... _., 01.
. '993.
Soon ~ ~.....
~~. _c..tr. ~.
..--
s..t;&~~1
......... ... ~ 1. a--. 1.- 01 ,,.,.. '*'- ~ ... - ~ ... ......... ..... - .., ., _' 1m.
SDD__
CCIIm1 C6 ~ '......... ~ ... ~ lief.. - tIaUi .., 01.
~.. J___. . a1A&1a ...-. -
. 199'. ..
s-c& ~ ........
IIvtK7 PI*UA. ..,., ~. ~
..--
s-u c..- ........
1 ....... ...u.1, _~ ..... p.Ur\ ., rIJISl' ~ 10 ......-z 1B&D8. ... t.u.... &a ..... oIf~ ..... ..... of. .
19J1.__G.o.1.oGll_......._f1.Ull_~... - --
1 ......., -utr __ 1 __ ~ .. ~ .. ....... ~ - .a. plM - rx-r AIlDlDIJI'ID ~ IRIJDI _t.
tMa ~ U . -.-_ ~ .. .. ...... ... .u ~ .. ...-Ur ....... - .. plod s. f.n .. ........ of
. f~1 .... .u __ .... __ --"" ~ Ja .. ..... _ - - .ul .. ~ ....- Yo - ...... -
~. __ .. -'UM ........,. u- .. ~ .......... _ .. ~. .. ... .... -- - .... u.M _...ca.- 1.a IS
~.02..... 1, _ ,..ua ~ .... ................. -_.
s..a ~ ......
ao.au I. ........ ~ ......,..
~ ...- ....... unl'
---
a:gn ,. ..on 1bIa f----", ........ ..-&tun. _ ~ ..,.. - .... .., ff6
.. ~ &. a...... ,..........-. __ ~ ..... 101".-
.1"",
~ 1'\*lJ,e. .... c:-tr'. --
., ~ ....... ........, Z. 1996
Valley Surwying Co., P. A.
SHEET I OF 2 SHEETS
Prio; Lake City Council MinutJ~
August 18, 1993
MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE
RESOLUTION 93-70 SElTlNG FORTH CONDITIONS TO BE MET PRIOR
TO FILING OF FINAL PLAT FOR WESTBURY PONDS.
Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the
motion passed unanimously.
...
MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE
DEVELOPERS AGREEMENT AND AUTHORIZE THE MAYOR AND CITY
MANAGER TO SIGN.
Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the
motion passed unanimously.
B. Consider Approval' of Resolutions 93-68 and 93-69 Approving the
Schematic and Preliminary PUD and Preliminary Plat of the First
Addition to West Edge Estates. Planning Director Graser reviewed the
development proposal and displayed an architectural drawing of the
proposed development. Graser discussed the proposed privat~ street,
access to Simpkins Circle and eventual closing of the access to the existing
street on the west. Graser then read the motion passed by the Planning
Commission requesting clarification of the P.U.D. designation. Discussion
occurred regarding private roads and their applicability to PUD's. Further
discussion occurred regarding private streets connecting to public streets
and return of private streets to public ownership. Kedrowski expressed
concern over a long term access from Highway 12 to the private road which
amounts to a long driveway. Councilmembers did not believe this would be
a problem.
Attorney for the developer, Bryce Huemoeller, discussed the issues raised
by Council, concerns of property owners, and road and irrigation
requirements in proposed Resolution. The developer asked that Council
waive the requirement for an irrigation system.
Extensive discussion occurred regarding the private road and irrigation
system requirements in both the first and second addition, access from
Highway 12 across driveways, access from Simpkins Circle, and allowing
developer and owners the flexibility to close off the private road between
the first and second addition.
MOTION BY ATZGERALD, SECOND BY SCOTT, TO ADOPT
RESOLUTION 93-68 APPROVING SCHEMATIC AND PRELIMINARY
P.U.D. PLAN FOR THE FIRST ADDITION TO WEST EDGE ESTATES.
Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the
motion passed unanimously.
MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE
RESOLUTION 93-69 FOR THE PRELIMINARY PLAT OF THE FIRST
ADDITION TO WEST EDGE ESTATES, AND ELIMINATING THE
REFERENCE TO A TEMPORARY ACCESS (CONDmON 2) AND THE
IRRIGATION SYSTEM (CONDmON 10).
-3-
Prioi Lake City Council Minutes
August 16, 1993
A short recess was called.
The meeting reconvened at 9:35 p.m.
Upon a vote taken, ayes by Fitzgerald. Scott and White, nay by Kedrowski.
The motion carried.
C Consider Approval of Resolution 93-61 Entering Into an Agreement
With Southwest Metro Task Force and the State of Minnesota for
Reimbursement Monies Through the Federal Anti-Drug Abuse Act of
1986. City Manager Boyles introduced the subject and explained the
purpose of the item. Police Chief Powell was present to answer any
questions. A short discussion occurred regarding the scope of this
coordinated effort.
MOTION BY WHITE, SECONDED BY FITZGERALD, TO APPROVE
RESOLUTION 93.:.&1 ENTERING INTO AN AGREEMENT WITH
SOUTHWEST METRO DRUG TASK FORCE AND THE STATE OF
MINNESOTA FOR REIMBURSEMENT.
Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the
motion passed unanimously.
D. Consider Approval of Resolution 93-73 Awarding Bids for Project
93-15, Bituminous Sealcoating of Streets. Public Works Director
Anderson presented details of the bid tabulation and discussed the
selection of Allied Blacktop Company as the low bidder at $119,662.50.
MOTION BY ATZGERALD, SECONDED BY SCOTT TO APPROVE
RESOLUTION 93-73 ACCEPTING BID FOR PROJECT 93-15,
BITUMINOUS SEALCOATING OF STREETS.
Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the
motion passed unanimously.
E. Consider Authorizing Maier, Stewart and Associates to Prepare Plans
and Specifications for a Water Booster Station for the Wilds
Development Public Works Director Anderson discussed the purpose of
the proposed separate water pressure system, and reviewed the three
options availabie. Discussion occurred regarding the cost of the report,
construction of the booster system and responsible party (the Wilds for
which an escrow amount will be required as security).
MOTION BY FITZGERALD, SECONDED BY WHITE, TO AUTHORIZE
MAIER STEWART AND ASSOCIATES, INC. TO PREPARE PLANS AND
SPECIFICATIONS FOR A WATER BOOSTER STATION FOR THE WILDS
DEVELOPMENT WITH REIMBURSEMENT OF DESIGN COSTS NOT TO
EXCEED $41,694.00 FROM PRIOR LAKE DEVELOPMENT WITH
CONSTRUCTION COSTS OF THE BOOSTER STATION BEING
INCORPORATED INTO THE DEVELOPER'S AGREEMENT.
Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the
motion passed unanimously.
-4-
..
"RS9:le8.
RESOLUTION 93-68
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE
SCHEMATIC AND PRELIMINARY P.U.D. PLAN FOR THE FIRST ADDmON TO
WEST EDGE ESTATES. '
- MOTION BY:
FITZGERALD
SECOND BY:
SCOTI
WHEREAS,
the City Council held a hearing on the 16th day of August, 1993 to
consider a petition by Louis Stassen to approve the schematic and
preliminary PUD of the First Addition to West Edge Estates; and
the Planning Commission held a public hearing on the 5th day of August,
1993 to consider a petition submitted by Louis Stassen to approve the
Schematic and Preliminary PUD of the First Addition to West Edge
Estates.
WHEREAS,
WHEREAS
Notice of the public hearing on said motion has been duly published and
posted in accordance with the applicable Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that it should and hereby does approve the Schematic and Preliminary PUD of
the FIrst Addition to West Edge Estates subject to the following:
1. A private road may be installed with the intended purpose to discourage through
traffic, and yet enforce the "appearance" of private access drives which will be
compatible with the future public street (Simpkins Circle). The road shall include
concrete curb and gutter and a bituminous surface, acceptable to the City
Engineer.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
YES NO
Andren Absent Andren
Fitzgerald X Fitzgerald
Kedrowski X Kedrowski
Scott X Scott
White X White
passed and adopted this 16th day of August, 1993.
"
/~
Frank Boyle
City Manage.
City of Prior Lake
{ Seal}
..
~.
RESOLUTION 93-69
RESOLUTION OF THE PRIOR LAKE CI1Y COUNCIL TO APPROVE THE
pRELIMINARY PLAT OF THE FIRST ADDmON TO WEST EDGE ESTATES.
MOTION BY:
FITZGERALD
SECOND BY:
WlllTE
the City Council held a hearing on the 16th day of August, 1993 to
consider a petition submitted by Louis Stassen to approve- the preliminary
plat of the First Addition to West Edge Estates; and
WHEREAS,
The Prior Lake Planning Conunission conducted a public hearing on the
5th day of August, 1993>> and recommends that the City Council approve
the preliminary plat of the Fust Addition to West Edge Estates subject to
the conditions outlined in their resolution 93-11PC; and
WHEREAS,
WHEREAS
Notice of the public hearing on said motion has been duly published and
posted in accordance with the applicable Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CTIY COUNCIL OF PRIOR LAKE,
MINNESOTA, that it should and hereby does approve the Preliminary Plat of the FIrSt Addition
to West Edge Estates subject to the following:
1.
~r~~
~(J01\iU--
3.
A private road containing a temporary access to West Edge Estates may be installed with
the intended purpose to discourage through traffic, and yet enforce the "appearance" of
private access drives which will be compatible with the future public street (Simpkins
Circle). The Council, authorizes the use of a private street system in this case due to the
unique circumstance that the site is a remnant, land locked parcel which will connect a
private driveway to a future, planned public street.
A temporary aeeeoo from. the Ca.3t plU~lL)' ~~Ile ~f West ~g~ Estates to :SCIYC; IJlvposc.d
bleeks 2 cd.J 3 ill")' 1.Jc; h~U111ec1 to the specifications required b)' the City Fneineer. The
temporary acces<; c;:n::tll he rpmnvpn !'Inri t'P~or~d with approprillte se~d nr c:nr1, ~~ required
by ..the ('ity Fneineer-
Phase two shall not be constructed until a public road (future Simpkins Circle) is
constnlcted and accepted by the City Engineer. The applicant has agreed to realign the
proposed private drive in the event that a future public street access is relocated
4629 Dakota 51. 5.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNITY EMPLOYER
4. Once a public street is installed adjacent to the northeast part of the plat, the units
contained within Blocks 2, 3. 4. S. and 6 shall access a public road to the northeast. The
units in Block 1 shall access 170th Street via the driveway extended through West Edge
Estates, located west of the subject site. The purpose of the split is to discourage through
traffic between the townhome living units and it will provide an equal divide of traffic
exiting the West Edge Development to the east and west so as to not create excessive
traffic through the adjacent single family development to the east.
S. The applicant shall include a statement within the covenants of the First Addition to West
Edge Estates acceptable to the City Attorney, that the drives are to remain private in
perpetuity and maintenance will be the I'eSp9nsibility of the private land owners, not the
City of Prior Lake.
6. Utility and drainage easements along with an erosion control plan and sewer/water plan
be revised acceptable to the- City Engineer.
7. Concrete curb and gutter shall be installed along the main east/west drive and overflow
parking areas however, it will not be required along individual unit drive~ays.
8. The preliminary plat map should be amended to show a pedestrian sidewalk system along
the entire length of the east/west road and a connection south to 170th street. The plan for
a concrete, five foot sidewalk should be submitted acceptable to the Parks Director.
9. The landscape plan should be revised according to the recommendations of Greg
Kopischke in his memo dated July 15, 1993. (The proposed Ausetree may not be used to
satisfy requirements of the Landscape Ordinance but may be planted as additional tree
cover on site.
Passed and adopted this 16th day or August, 1993.
YES
NO
,
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Absent
x
x
X
Frank Boyle
City Manager-'
City of Prior Lake
{ Seal}
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT. made and entered into as of the _th day of .
192.3.. by and between the City of Prior Lake. a municipal corporation organized under the laws
of the State of Minnesota and Stassen Construction. Ine.. a Minnesota corporation and
Marguerite Jorgenson, a single person fee owner.
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 and final plat approval to.
First Addition of West Edge Estates 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, TI-IEREFORE, 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 EXHmrrS.
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 Stassen Construction. Inc.
& Mar~uerite Jorenson, 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.
Page 1
f. tI 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" 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 Stassen Construction. Inc. & Mar2uerite Jor2enson its
successors and assigns.
j. tI 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/stonn water improvements, drainage, Pennanent 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 tenns, 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.
1. "First Completion Date" means December 1. 19~.
m. "Second Completion Date" means July 15. 1924.
n. "Including" means including, but not limited to.
o. "Letter of Credit" means an irrevocable letter of credit in the amount of
$_60,820.62_ (125% of Cost of Improvements) in the fonn 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.
Page 2
s. "Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the Minnesota State Board of Registration for Architects,
Engineers, and Land Surveyors.
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 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.
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 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 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 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 ~ 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 Watermain Improvements shall be completed by the
First Completion Date. Permanent Street Improvements such as sidewalk 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,
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 Consultant 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, 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:
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 pennits 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 consummation of the transactions contemplated hereby, nor the
fulfillment of or a compliance with the tenns and conditions of this Agreement is
prevented or limited by, or in conflict with or will result in breach of, the tenns,
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 confonn to all laws, regulations and ordinances
of all local, state and federal government authorities.
4. TRUNK COSTS
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 $11.016.00 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
Trunk Storm Sewer
(Multiple Residential)
$ . 195/net sq. ft
Collector Street Fee
$ 700.00/net acre
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 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
Page 6
expense, the following types of insurance in the amounts specified and in the fonn
provided for below:
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 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.
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 City promptly upon their issuance and
thereafter until thirty (30) days prior to the expiration of the term of each such
policy. As often as any such policy shall expire or tenninate, 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
Page 7
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 ~ 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 Statutes, Section 181.59, and of Chapter 11, TItle 1
of the Prior Lake City Code as may be modified, which relate to civil rights and
discrimination and affirmative 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 trust 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.
12. GENERAL.
The tenns 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 & Stage berg, P.A.
1800 IDS Center
80th South 8th Street
Minneapolis MN 55402
If to Developer:
Louis L. Stassen
Stassen Construction, Inc.
16617 Creekside Circle, S.E.
Prior Lake, MN 55372
Page 9
Where this Agreement or any provision hereof makes the time of perfonnance
subject to Unavoidable Delay, the time or times for such performances shall be
extended for the period of such Unavoidable Delay. provided. that the parties
seeking the benefit of the provisions of this section shall, within five (5) days after
the beginning of any such Unavoidable Delay, have first 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 any
obligation or agreement on the part of Developer herein 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 agrees to hold
harmless, indemnify and defend City and its employees against any claims or
actions brought as a result of Developer's performance under this Agreement or
as a result of alleged actions or omissions on the part of Developer, its employees
or agents.
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 _ day of , 1923.
APPROVED AS TO FORM: DEVELOPER:
STASSEN CONSTRUCTION, INC.
By By
Glenn R. Kessel Its
CITY OF PRIOR LAKE: MARGUERITE JORGENSON
By By
Single Person/Fee Owner
Its Mayor Its
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 SCOTT }
On the day of , 19 _, before me, a Notary Public, with and for said
County personally appeared Lydia Andren and Frank Boyles, to me personally known, being
each by me duly sworn did say that they are the Mayor and City Manager, respectively, of the
City of Prior Lake, a Minnesota 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 SCOTT }
The foregoing instrument was acknowledged before me this day of , 1993,
by Louis L. Stassen, who is the President of Stassen Construction, Inc. a Minnesota corporation,
on behalf of said corporation.
STATE OF MINNESOTA}
} ss:
COUNTY OF SCOTT }
The foregoing instrument was acknowledged before me this day of
19_ by Marguerite Jorgenson, a single person fee owner on the behalf of herself.
Notary Public
DAEDGE.wRT
Page 12
BID PROPOSAL
CDrJ<Sf~~f?OI0
ts T/IYl rr T73
EXHIBIT II A II
/O/U(93
WEST EDGE ESTATES (PHASE I)
SCHEDULE A - SANITARY SEWER
ITEM
NO.
DESCRIPTION
ESTIMATED
UNIT QUANTITY
PRICE
AMOUNT
1.
2.
3.
4.
5.
8" PVC SDR 35, 0-10' L.F.
STANDARD MH TO 10' EA.
4" X 8" WYE EA.
4" PVC, SERVICE PIPE L.F.
CONNECT TO EXISTING EA.
470
2
12
700
1
15',5D
13tX)(00
?O,OO
1(),iJ:~
7ZBs-,00
Z-bl)O ( 00
'7/'4<),00
t:?~ 9J 100
/Ot?c) ~ IJ i)
.
$/&/3 )J;O()
SUBTOTAL SCHEDULE A - SANITARY SEWER
SCHEDULE B - WATERMAIN
ITEM ESTIMATED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1. 6" DIP L.F. 385 14t S7> S~?:5U
2. HYDRANT W/VALVE EA. 2 12fjg1!%o 2-~ t)() ;()O
3. 6" GATE VALVE EA. 2 9rlJ,,/)()
4. FITTINGS (CAST IRON) L.S. 1 7tJ ~/tJO 7/),), tot?
5. 1" CORPORATION EA. 12 ~/ft ~~
6. 1" CURB STOP EA. 12
7. 1" COPPER PIPE L.F. 740 ?,", )1) 6lftJd2
SUBTOTAL SCHEDULE B - WATERHAIN 1I1~fL)1,~
SCHEDULE C - STORM SEWER (PHASE I)
ITEM ESTIMATED
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1. 12" RCP, CL. 4 L.F. 54 U,Ov .
2. 15" RCP, CL. 4 L.r. 188 Z7 .d 0
3. 4' DIA. CBMH EA. 4 1~:S8
4. STANDARD CB EA. 1 ~.tJ{)
5. CONNECT TO SYSTEM EA. 1 /paJ ,pO /~tJ~
SUBTOTAL SCHEDULE C - STORM SEWER ~1 tJ/btlJ
BID PROPOSAL
WEST EDGE ESTATES (PHASE I)
SCHEDULE o - STREETS
ITEM ESTIMATED
NO. DESCRIPTION UNIT QUANTITY PRICE
1. CONCRETE CURB & GUTTER L.F. 1100 5',OD
2. EROSION CONTROL L.F. 2000 Z,Oj)
3. 2341 BIT. WEAR W/CL 5 S.Y. 1690 .., I dO
4. SLOPE STABILIZATION S.Y. 675 /,f"'V
s. 4" CONCRETE WALK S.F. 850 /,70
SUBTOTAL SCHEDULE 0 - STREETS
TOTALS
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE 0
GRAND TOTAL
L-~5ur~ ~~ t5/)f~
TZJTJtZ,.
AMOUNT
7;1t~()O
~tV
I rlltJ dJO
//JJj'. \))
'/+f ~ -,-Ji)
Z7../h:7. ~V
.
/~ IJ?j~1JP
I
o ~t)2S)
Il,tllb IOU
27JI67,J7)
,
-It
74-/3~ Id)O
$" 7/ t)tfo
#93, J61t~
/
EXHIBIT B
NO.
DATE:
TO: CITY OF PRIOR LAKE
4629 DAKOTA STREET SE
PRIOR LAKE, MN 55j72
Dear Sir or Madam:
We open Irreovocable Standby Letter of Credit No.
USD S AMOUNT (SPELL OUT DOLLAR AMOUNT 00/11 USDLRS)
in the amount of
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
BANK NAME
, Minnesota.
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 AND 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
\
\
\
\
! \
I \
\\
.\
\
,
\
\
.'
0, \
1'.
i h.. I 1\
i~,rVa I ~.:,.;-
!It~'~ 'I oq.:-- co.. : .
'i!l .-.J..= co" co" co" I
1m '\ .\ i\. .
\ It) ,,-' 1\ ,)
i . ~. ..:.... ~\ \ \ ~ '\
!:\}~ ,~\ ~i
~\ " "co.. ..~. '('\\.\
: \I'..... .. \
. ~ . ......'_. \
.~:- ii- -- .."."..- _--- I \
~-~--- 'I. '\
~ ''''''' "-_.- - /. "'~'~ \
' - ~- ...... , ' "
\- ! L-:--=-~-=:"~\ j.i .... ,~
,-- --.~.-. h. 1-\ I" l
'.-\-.., '-.." ..~_..or .... ...., 0 \ i l* ~1)
'\: C\I ~~\. \}! ...... ~-i 'Ii
. ;, \
' \~, ... .. .. \::1\ .\ .... \.
I \ 'r I 0 \ .. \ . \
~\ '. co" co.. .... \ . \ . \', .. ._,1 .:.,__;u.;.~,:.
.... ~-_. ---J \ L -"---i;:;...- -r,. _.J 1 I
I :..-. ."...... ,I'.......... ut"t.....-<:. . "
\. . ,I:,.. ._.
7L:
.'; ,~ ~.' .":-:.'
\~. ".. g ~:-".::/~,
~..~.....~. .....,Joou.
JJ_Oft~:;:,~::;,"" \
-.. 01[--
l~-_~~,:__\/~~~n__~~-..:::..-~ _~=- ~_~\.
I '\";\ ...--
, . .,., - \
. \ \\~"\ '\
\. \
\~ .,
. '" \
'~\
. ',.\~ \
\ "-~'\ '
'. '\ \
\ \,\\
\ \. \.
\ \. \
\ . \ \
\ \
\ '\,.;."
\ .. - \
.-\ '., \ \
\\~ \ \
.. \ ,
...~ .._1
.
.....
o
.)
.....
?
o
,
i
!
,i
,
\
\
I.
I ~l
'I"
1,1 ~
...M.......
.....
..-.~
......
. --~..~;- F
. '
:;3.~ ~"_:. ~;::.~
: ~ , ~ ' - ::'
u:~.::- ~.~
;1" II
I .1
I"
l" .1 a:, l!i!'
'. i=l!i ~ ;I!~i
: ,! !;I i!II;I;:~
, .... ~II ~ 1"1
, :I~i .'1' I. I
!~ !;ri i 8 ~:~I=
. M In, I , U. :
o
...
...
...
~
<II
0,
~~
,~
J:
...
o
...
! ~
, ."
t ::
. ."
.... "-
aii
1'lt
~1oI
.Q
,
!
i
i
."
o
oq
o
a:
~,
...~
.:>:
o
u
. .."..~..
q
0..
c:
c..:
t
.~
S
v
~
~
EXHIBIT ''D''
DEVELOPER AND CITY COST SUMMARy
The following is a summary of developer and City costs for the First Addition to
West Edge Estates. The net area of the final plat is 80,880 square feet.
DEVELOPER COSTS
6% Administration Fee
Trunk Sewer Fee for First Addi tion
to West Edge Estates plus ($2,553.03)
plus $3,506.25 for West Edge Estate
(2.55 acres)
Stormwater Management Fee
Collector Street Fee
Traffic Signs
Park Dedication Fee
$ 2,919.39
$ 6,059.28
DEVELOPER OWES CITY/rOTAL
$ 15,771.60
$ 1,299.72
$ 00.00
$ 1.485.40
$ 30,088.42
CITY COSTS
Sewer & Water Trunk Costs
(Trunk Reserve)
$
00.00
Storm Sewer Cost
(Trunk Reserve)
CITY OWES DEVELOPERlrOTAL
$ 11.016.00
$ 11,016.00
FIRST ADDITION TO WEST EDGE ESTATES
The following is an itemization of the project costs:
Sani tary Sewer $ 18,375.00
Watennain $ 17,820.50
Stonn Sewer $ 11. 016.00
Sidewalk $ 1,045.00
TOTAL PROJECT COST $ 48,656.50
DEVELOPER COSTS
Determine 6% Project Administration Fee:
Thtal Construction Cost
Developer 6% Administration Fee:
6% of $ 48,656.50
Determine Amount of Letter of Credit:
Project Cost
125% ($ 48,656.50)
Determine Developer Trunk Sewer & Watermain Fees:
$ 48,656.50
$ 2,919.39
$ 48,656.50
$ 60,820.62
The West Edge Estates parcel has been previously assessed for trunk
watermain; however, was not assessed for trunk sewer.
First Addition to West Edge
Estates acreage
Previous West Edge Estates
acreage
TOTAL TRUNK SEWER ACREAGE
$1,375.00/acre (4.41) acres
Determine Developer Stormwater Management Fee:
Net lot area is 80,880 sq. ft.
.195/sq. ft. (80,880) sq. ft.
Determine Developer Collector Street Fee:
Net lot area is 80,880 sq. ft.
$700/ac. (80,880 sq. ft.)/43,560
sq. ft.lac.
Storm Sewer Credit
Developer's Storm Sewer Cost
(From Exhibit A),
1.86 acres
2.55 acres
4.41 acres
$ 6,063.75
$ 15,771.60
$ 1,299,72
$ 11,016.00
''EXHIBIT E"
SPECIAL CONDITIONS
1. The Developer is responsible for the installation of the street lightin~if any.
The street lighting shall be approved by the City Engineer pnor to
installation.
2. The Developer will maintain the temporary and permanent 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 Developer is responsible for the cleaning of the ponds prior to
acceptance by the City.
3. The developer is responsible for installing all the lot corners by November 1,
1994.
4. Final Plans have not been approved by the City's Engineering Department.
Any necessary changes to the Plans as determined by the City Engineer will
be at the Developer's Cost.
5. The Park Dedication Fee of $1,485.40 is included in the Developer's fees to
the City and the Developer agrees to pay all fees to the City prior to release of
plat hardshell.
DAWEEl.WRT
..
"
EXHIBIT F
POLICY FOR PRIVATE DEVELOPMENT PROJECTS
CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING
REQUIREMENTS
It is the policy ot the City ot Prior Lake that construction
activity tor all private development projects within the city
shall be inspected by city statt personnel or city
engineering consultant tirm personnel. The construction
inspection tee charged to the private development shall be
based upon the tee structure outlined in this policy and the
actual engineering services completed by the city's
Engineering Oepart~ent or their consultant's representative.
CONSTRUCTION INSPECTION ENGINEERING SERVICES FEE STRUCTURE
Private development ~rojects shall be financiallr responsible
for the engineering 1nspection and testing servlces ot the
development to the city. The invoices received by the City
from engineering consultants performing inspection or
material testing work shall be fO~Marded to the Developer for
payment. The Developer shall have twenty (20) days in which
to pay the invoice to the consultant firm trom the date ot
receipt ot the invoice by the City of Prior Lake. In the
event that payment of an invoice is not made wi~~in the
twenty (20) dar period, the City will draw on the Oevelo~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 war to ma~ntain 25% of the net construction cost
plus the rema~ning construction cost of the project as
dete~ined by the City Engineer. If city staff is used tor
construction inspect~on 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
ot public infrastructure construction relating to ~~e
development.
The construction inspection service shall include:
1.
Inspection ot public improvement systems which
include grading, sanitary sewer, watermain, storm
sewer/ponding, and street srstems. Grading
inspection is tor overview ot dra1nage swales and
not for detail site grading. .
Documentation ot construction work and all testing
of i:m~rovements.
As-bu1lt location dimensions for sanitary sewer,
watecain, and storm sewer facilities.
Coordination with testinq company tor soil and
material testing and actual material testing costs
as perfor.=ed by City consultants or city statf.
2.
3.
4.
All other construction services are to be provided by
the developer's engineer which include the following:
1.
2.
3 .
4.
S.
6.
Construction surveying
As-built drawings of development improvements
dimensions to sewer and water services from
statf or city consultant)
Construction quantities
Change Orders
Construction administration of project
Construction payment vouchers
(Tie
city