HomeMy WebLinkAbout7A - Carriage Hills Third Addition
SUl6CC
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
7 (A)
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER APPROVAL OF FINAL PLAT FOR CARRIAGE
HILLS THIRD ADDITION (RESOLUTION 93-106)
DECEMBER 20,1993
INTRODUCTION:
Warren J. Israelson, Progress Land Company, Inc., has filed for final
plat and developers agreement approval for "Carriage Hills Third
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 1,
1992 contingent upon eight items (See attached minutes from June 1,
1992). Items 1, 6, and 8 apply to the final plat of the Third Addition.
There are a total of 214 lots in the subdivision. The Third addition
contains 52 lots, one park and trail access from Surrey Lane to the
park. The City Council required that a sidewalk connection be made
from the Raspberry Woods Park, located on the southern part of the
Carriage Hills First Addition Plat to the park located south of Carriage
Hills Parkway. The north/south sidewalk is located adjacent to Canter
Lane and as such, the Third Addition will complete the sidewalk link.
The sidewalk adjacent to Canter Lane and a trail entrance from Surrey
Lane will be installed in conjunction with other street improvements
as part of the developers agreement for the Third 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 93-106. The developers agreement, prepared by
Bruce Loney, is anticipated to be signed on Wednesday, December 15,
1993 and will be forwarded to the City Council under separate cover.
The agreement will specify that the developer is responsible for
installation of all utilities, streets, park trails and all other
improvements as required by the Subdivision Ordinance.
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
ALTERNATIVES:
RECOMMENDATION:
ACTION
REQUIRED:
The second phase of the development contains 52 lots, all of which
meet or exceed the minimum zoning standards. The final plat for the
Third phase has been reviewed by staff and found to be in substantial
compliance with the preliminary plat.
1. Adopt Resolution 93-106 approving the final plat of Carriage
Hills Third 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 93-106 approving the final plat of
Carriage Hills Third Addition.
RESOLUTION 93-106
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH
CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF
CARRIAGE HILLS THIRD ADDITION.
MOTION BY:
SECONDED BY:
WHEREAS, the City Council has approved the Final Plat of Carriage Hills Third Addition.
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:
1. The Developer's Agreement, as drafted by the City Engineer, shall be signed and fully
executed prior to the release of the Final Plat. See also memo from Ralph Teschner dated
November 22, 1993 for reference to approximate fees associated with the Developer's
Agreement. All fees shall be paid prior to release of the Final Plat and will be determined
based upon the current Fee Schedule adopted by the Prior Lake City Council.
2. Boulevard and front yard trees be planted upon each lot as indicated on the planting plan
for the final plat.
3. A final set of construction plans be submitted acceptable to the City Engineer along with
final construction costs in order to prepare an accurate developers agreement.
4. Appropriate storm water, drainage and utility easements and easements for a 100 year
flood protection on any pond areas on the plat, be provided acceptable to the City
Engineer.
5. Storm sewer drainage system plan be submitted acceptable to the City Engineer
addressing water flow to the Vierling parcel and method to implement drainage to the
water quality pond located in Carriage Hills Second Addition.
6. A grading plan addressing fill/borrow sites related to grading of Carriage Hill Parkway
and the Park be submitted acceptable to the City Engineer and Parks Director.
7. The park entrances shall be graded to no more than 7% and shall be paved and installed
by the Developer contemporaneous with other required subdivision improvements.
8. A sidewalk is required adjacent to Canter Lane to connect the neighborhood park to
phases of the development. A sidewalk easement is required acceptable to the City
Engineer.
9. The proposed sedimentation basin within the park cannot be located in the southeast
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
corner of the park as shown. There is no objection to placing the temporary
sedimentation basin in the northwest comer of the park.
10. Brick pavers are required where trails cross streets and at all park entrances. Therefore,
brick pavers are required at the intersection of Canter Lane and Chestnut Lane and the the
intersection of Fox Hunt Court and Surrey Lane.
11. The final plat must be filed with Scott County prior to February 20, 1994 or the plat will
be considered null and void.
NOTES:
1. Payment of park support fees in accordance with City Policy at the time of building
permit.
2. 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.
3. No building permits shall be issued until the Final Plat is filed and recorded with Scott
County.
4. Homes built upon lots within the subdivision will be subject to architectural controls and
the 22% lot coverage ratio of the Zoning Code.
5. 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 20th day of December, 1993.
Yes
No
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{ Seal }
. _ _I (
, '"
r
- -::::----=--
--
---=-t,.~/..~ Il~TQ."U,'"
~.I'.'..':';'I ~
---
'.
...-'..
--------
---
':::.~;::i~.;i.
llflll(TAkf
L'" CU"Ve: UIlI:
HI....... .....1IItlAl: CUOYf
~...Mr1I
......... ~IT... ...DUJ!o .0<
N 0"20'00. I: 1.Nr.TtoI
" N 0 JO'oo. r 10" C'
" 10" 10"00'00. 20"
5 II 15'00. I! C2 to'ClO'oo. 2127
" 10" %1.00
. I 30'00. ~I C3 -'... 2127
" to.. C' 2500 31.27
,0 N 'f"O'"u. I! 1000 -.... 2'.00
. 1010'00. E C' 71"'21'00- 3127
51 ,. 2$.00
C' '0'-"'00'" :".22
C' tcJIOO'OO. 2$00 ....32
CO -.... 2$.00 ..27
CO ........ 25.00 >>.27
C'. '-''7'21- 352.2. 3.07
C" 0'33'33" 0102.2. 1023
CU 17'"."..- <102.2. 3.'2
CU 12".3'.'- .... U.
25.CO 23,01
:'8,832
:': ,i
':.' lt~OO
'8
la. 3
I i ,zsoo
.~~)~,~;
,-, ".'_:-)
,.. .,.
M ..--0' 00".
1- 10.60 II
,.ootO .JI
'! 1II1
" I ~I
I II
L ..fIO,90.11 -
looo II
"
2 ~ I
""
"
IDOO 11
.006 II
,I
3 ~::
-, ,
M)OO II
3
OUT"OT
A
'.
,::-::>~n..:'."".
..~~L1!- _
i. .':.:-:I~
':
/
~.~I ~_l ~~
, I
.. -t(.
,.,"
MlO""'" ,.'.
,';'-_<<1:0".
..~oo
:= ~~.{~~-~.
~.~ : ~_~.~'l
::"::~r; '.,~:..;~:.~
CARRIAGE HILLS THIRD ADDITION LOT AREAS
GROSS LOT GROSS LOT
LOT BLOCK AREA WIDTH LOT BLOCK AREA WIDTH
1 1 10,011 80.40 1 4 12,007 96.00
2 1 10,000 80.00 2 4 12,206 99.42
3 4 13,466 82.27
1 2 10,000 80.00 4 4 12,247 80.49
2 2 10,000 80.00 5 4 12,000 80.00
3 2 10,000 80.00 6 4 12.000 80.00
4 2 10,000 80.00 7 4 29,415 80.07
5 2 10,164 81.97 8 4 15,047 80.04
6 2 12,240 126.82 9 4 14,535 80.04
7 2 13,756 88.65 10 4 11, 343 872.00
8 2 11,284 84.70 11 4 11,245 84.00
9 2 10,063 80.00 12 4 12,145 92.61
13 4 11,404 84.48
1 3 12,009 100.66 14 4 14.048 96.15
2 3 10,000 80.00 15 4 12,010 105.68
3 3 10,000 80.00 16 4 12.027 96.00
1 5 12,065 96.12
2 5 12,206 96.00 1 6 10,400 80.00
3 5 11, 017 91.57 2 6 10,327 80.29
4 5 11,474 82.74 3 6 10,009 82.57
5 5 10,201 80.29 4 6 10,079 82.57
6 5 10,566 80.00 5 6 12,002 96.57
6 6 12,432 101. 44
1 7 10,465 85.16 7 6 10,797 89.80
2 7 10,753 82.97 8 6 10,897 89.80
3 7 12,134 82.32 9 6 10,843 87.00
4 7 12,049 102.24
5 7 11,519 82.26
6 7 12,245 82.00
7 7 13.735 84.00
TOTAL GROSS LOT AREA 614.887
AVE LOT AREA 11.825
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 Approvaljj of Carriage Hills. city Mana~er
Unmacht reviewed the results of the May 18 meeting at which tlme
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, pro~osed sidewalks and
brick pavers at the park entrances. Clty 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
Metro~olitan community Development committee of the Metropolitan
Councll 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:
ccvuu:.c:
1I..i...UA -
1'1t e1..i.m
fJ.J..CLt
Bob Cavill
14~09 Manitou Road
Carl Hanson
4065 Raspberry Ridge
(*carl Hanson distributed a copy of the Raspberry Ridge
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.
Maryanne K . Whiting
14897 Manitou Road
Further discussion occurred on the Comprehensive Plan and zoning
concepts. A re~est was made on behalf of the residents by
Maryanne K. Whitlng that the city consider implementing an
envlronmental 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:
THE ~1~m
THE Ca;r.i.nf' e
HUM~
2.
3.
4.
All utility and grading plans be acceptable
Engineer.
All outlots be dedicated to the city.
The wetlands mitigation plans be acceptable
Enqineer.
Three road medians be included in the
east/west roadway in the plat to be paid
applicant and incorporating brick pavers.
to the city
1.
to the City
southerly
for by the
4
I
I
Minutes of 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. J
7. A planting plan aceeptable 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
l.mplemented.
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 of a sidewalk on the
north/south street. Councilmember Fitzgerald requested that
prior to another subdivision request for considerat1.on, that the
City council have clear quidelines 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.
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.
Scott
liRA's $1.00 HUD Program Council directed ci ty 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 eurasian &vt(Llj.i..~
milfoil. staff reported that the DNR will conduct an aerial ~J~to~
survey with infrared detection cameras. This method is
expected to produce a clearer picture as to the extent of
milfoil infestation in the lake.
5
I
I
JNTEROFFICE MEMORANDUM
RE:
Planning
Ralph Teschner, Fmance Director
CARRIAGE Hil..L 3RD ADDmON
(assessment-fee review)
November 22, 1993
TO:
FROM:
Date:
Carriage Hill 3rd Addition comprises a portion of Outlot B Carriage Hills 2nd Addition. All
special assessments were redistributed on a unit basis against the first phase when the original
plat of Carriage Hills was subdivided. There are no remaining outstanding special assessments
on the plat.
Since utilities are available to the property site, the cost for the extension of services internally
will be the responsibility of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges outlined below:
Stonnwater Management Fee
Collector Street Fee
Trunk Sewer & Water Fee
16.8 cents/sq. ft.
$700.00/acre
$2750.00/acre
The application of these City charges would generate the following costs to the developer based
upon a net area of 14.11 acres of single family lots (614,887 thousand square feet) as provided
within the site data summary sheet:
Trunk Water & Sewer Charge:
14.11 acres @ 2750.00/acre = $38,802.50
Storm Water Management Fee:
614,887 sf @ 16.8/sf = $103,301.02
Collector Street Fee:
14.11 acres @ $700.00/ac = $9,877.00
These charges represent an approximate cost of $2923.00 per lot for the 52 proposed lots within
Carriage Hills 3rd Addition. Assuming the initial net lot area of the plat does not change, the
above referenced stonn water, collector street and trunk water and sewer charges would be
determined and collected within the context of a developer's agreement for the construction of
utility improvements.
SPIot3. WKI'
4629 Dakota 51. 5.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER I
M E ~ 0 RAN DUM
TO:
FROM:
RE:
DATE:
DRC MEMBERS ~AYJ)
BILL MANGAN, DIRECTOR OF PARKS AND RECREATIO ~
PARK DEDICATION FOR CARRIAGE HILLS, THIRD AD ITION
DECEMBER 2, 1993
I have :reviewed the plans as submitted fo:r Ca:rIiage Hills
Thi:rd Addition and have the following comments:
1. The TemporaIY Sedimentation Basin cannot be placed at the
location shown on the site plan. The dIainage for this
aIea all flows nOIthwest to a low aIea in the paIk. I
have no objections to a tempoIaIY sedimentation basin
in the no:rthwest COIneI of the paIk but ce:rtainly not
in the southeast COIneI of the paIk as shown.
2. The two paIk accesses, one by Block 1, Lot 2 and one by
Block 3, Lot 3, need to be g:raded to no mOIe than 7%
slope. They cu:rently appea:r to be gIeate:r than 10%
which is not acceptable fIom eitheI a maintenance
standpoint OI public ~ccess standpoint. Those accesses
need to be flattened out so that theIe is no pIoblem
from eithe:r public accessability o:r maintenance
accessability.
3. One other point to :reiteIate is that theIe is a sidewalk
along CanteI Lane to connect the open space to the
south with the neighboIhood pa:rk on the nOIth of the of
this addition.
The:re aIe no othe:r t:rails OI sidewalks in this addition with
the exception of those along CaIIiage Hills PaIkway which will be
put in at the time this :roadway is constIucted.
If the developeI has any questions, please have him get in
contact with me IegaIding these conceIns.
4629 Dakota 51. 5.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER \
J
INTEROFFfCE MEMORANDUM
TO:
FROM:
SUBJECf:
DATE:
\ DEB GARROSS, ASSISTANT CITY PLANNER
~.vl BRUCE LONEY, ASSISTANT CITY ENGINEER
CARRIAGE HILLS 3RD ADDITION FINAL PLAT REVIEW
DECE:MBER 2, 1993
The following comments are on the above referenced final plat review done by the
Engineering Department. Also attached to this memorandum are memos from
Mark Fremder and Jeff Evens, Engineering Technicians, who reviewed the grading,
drainage, sewer, utility and street plans for the Carriage Hills Third Addition.
1. Utility and drainage easements must be provided for any utility lines
and along lot lines for drainage and for a 100 year flood protection on
any pond areas on the plat.
2. The storm sewer drainage of the plat flows northerly to the Carriage
Hill Parkway. right-of-way and would eventually flow into Leo
Vierling's parcel to the north. Carriage Hill Parkway, which has not yet
been constructed, would intercept this water and bring it to the water
quality pond in the Carriage Hill Second Addition. It is recommended
here that the developer address the drainage issues and handle the
drainage water to the water quality pond in the Second Addition.
3. The City may need 7,000 cubic yards of material to grade the Carriage
Hill Parkway. It is recommended that 7,000 yards be attained from
the Carriage Hills site either by lowering some of the grades in the
Carriage Hills Third Addition to attain the dirt or in the Fourth
Addition. Staff will work with the developer to resolve this issue.
4. The net lot areas have not been calculated and submitted to the
Engineering Staff to process the Developer's Agreement.
5. The collector street excess right-of-way area has not been calculated or
submitted to the Engineering Department.
6. The Developer's Agreement will be based on the fees established by
Council for this year; however if the developer pays the fees after
January 1, 1994, he will have to pay fees based on the fee rate at that
time.
7. Staff needs to approve final plans and specifications for Carriage Hill
Parkway. The developer is currently working on revisions based on
the comments that Staff has generated based on the first review of the
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 J Fax (612) 447-4245
AN EQUAL oPPORTUNITY EMPLDYER I
plans. It is anticipated that a new set of plans will be given to Staff
next week to finally approve.
8. The Developer's Agreement needs to be completed yet and additional
information is needed as previously mentioned such as net lot area,
excess collector street right-of-way and a final cost estimate based on a
fmal approved plans that the developer will produce. It is anticipated
that this will be done ~lso next week.
9. The temporary sedimentation basin as shown on the grading plan
should be relocated to the northwest corner of the park.
10. Park entrances shall be graded no more than 7% and also shall be
paved and installed by the Developer at the same time as other
Developer improvements.
This concludes by comments on the Third Addition fmal plat review. If you have
any further questions, please see me in my office.
BMEM14.WRr
CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the day of ,
1923.. by and between the City of Prior I..,ake, a municipal corporation organized under the laws
of the State of Minnesota and Progress 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 and final plat approval to.
Carria~e Hills Third Addition on the condition that, among other things, Developer enter into
this Agreement to provide for installation of Developer improvements and all other
improvements hereafter described all on the terms and conditions hereafter set forth.
NOW, THEREFORE, in consideration of these premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. DEFINITIONS; RULES OF INTERPRETATION AND EXHmITS.
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 Progress Land Company,
Inc., as the same may be from time to time modified, amended or supplemented.
b. "Cash Escrow Deposit" means a cash deposit with the City Finance Director in
the amount of $ 343.518.00 (100% of Cost of Developers Improvements).
c. "City" means the City of Prior Lake, a governmental subdivision of the State of
Minnesota.
d. "City Attorney" means the City Attorney of the City of Prior Lake.
e. "City Council" means the Prior Lake City Council.
f. "City Engineer" means the City Engineer of the City of Prior Lake.
g. "City Finance Director" means the City Finance Director of the City of Prior Lake.
Page 1
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.
i. "Developer" means Progress Land Company. Inc. its successors and assigns.
j. "Developer's Installed and Financed Improvements" means the construction work to
be perfonned by Developer on the Property including. but not limited to, the trees,
grading. topsoil and soddingi sidewalks and driveways. curb-stop adjustments, street
lighting, streets. curb and gutter. water supply, sanitary sewer. stonn sewerlstonn water
improvements. drainage, Pennanent Street Improvements and Traffic Signing
Improvements to be perfonned, 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 perfonn any covenant. condition, obligation or
agreement on its part to be observed or perfonned under this Agreement: (iv) transfer of
any interest in Developer or (v) failure to correct warranty deficiencies; or, (vi) if the
tenn of the Letter of Credit will expire prior to the expiration of the Warranty Period, the
failure by Developer to replace the Letter of Credit at least 15 days prior to its expiration.
1. "First Completion Date" means AuiUst 31. 1m.
m. "Second Completion Date" means AuiUst 31. 19~.
n. "Including" means including. but not limited to.
o. "Letter of Credit" means an irrevocable letter of credit in the amount of $85.879.50
(25% of Cost of Improvements) in the fonn of Exhibit B.
p. "Permanent Street Improvements" means pennanent street surfacing in accordance
with the policies and ordinances of City as City may adopt from time to time.
q. "Policy for Private Development Projects" means the policy for such projects adopted
by the City Council as may be amended the current policy of which is attached as Exhibit
F.
r. "Property" means the real property. together with improvements. if any. described in
Exhibit C.
s. "Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the Minnesota State Board of Registration for Architects. Engineers,
and Land SurveyorS.
1. "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 stonn sewers, catch basins, inlets and other
appurtenances when detennined to be necessary by City Engineer in accordance with the
policies and ordinances of City as City may adopt from time to time.
Page 2
v. "Street Improvements" mcans strect grading. graveling. and stabilizing including
construction of boulevards and turf establishment in accordance with policies and
ordinances of City as City may adopt from timc to time.
w. "Subdivision" means the division of a parcel of land into two or more lots or parcels by
any means including platting. registcred 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.
J
x. "Tramc Signing Improvements" means standard street name signs at all newly opened
intersections and such other traffic control signs within the Subdivision detennined 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 pennits, 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 or 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.
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. PEVELOPERIMPROVEMENTS
Developer shall construct and install. at Developer's expense (except as hereinafter
provided), the Developer Improvements, in accordance with the tenns 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.
Page 3
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. O1anges in plans. specifications, drawings and related documents will only be
pennitted 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 detennined 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
and/or Cash Escrow Deposit at City's sole option.
Bituminous Base Street Improvements, Stonn Sewer Improvements, Sanitary Sewer
Improvements. Watennain Improvements and Trail/Sidewalk Improvements shall be
completed by the First Completion Date. Pennanent 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 and/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
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. watermain. storm 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 perfonned 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).
Page 4
C. Construction quantities.
D. Change orders.
E. Construction administration of project
F. Construction payment vouchers.
G. Project Testing - The developer is responsible through its testing
company at the developer's cost to provide testing to certify that the
project was completed in compliance with the approved plans and
specifications. The personnel perfonning the testing shall be certified
by the Minnesota Department of Transportation or have equivalent
certification. The City Engineer may require additional testing if in his
opinion adequate testing is not being perfonned. The cost of additional
testing to be paid by the developer.
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 Cash Escrow Deposit and/or 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 Cash Escrow Deposit and/or
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 pennits to the Property until such
time as said charges have been paid in full or the Cash Escrow Deposit and/or 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 a 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 for other projects in the City. City and Developer agree
that the cost of system oversizing to be reimbursed to the Developer by the City is
based upon an estimate as detennined by the City Engineer.
Developer shall pay City upon demand the trunk oversizing costs per the schedule
outlined in the City's assessment policy less any credits. all as said forth in Exhibit D.
These rates are as follows:
Page 5
S& W Acreage
S2,750.00/net acre
Collector Street Fee
S . I 68/net sq. ft.
$ 700.00/net acre
Trunk Stonn Sewer (Res.)
Developer waives any and all claims, assertions. causes of action, in law or in equity. as
to the costs and/or detennination of said oversizing allocated to Developer, calculations
and/or detenninations of them. as made by or on behalf of City or all "oversizing"
requirements of Developer as may be specified and contained in this Agreement or
attaclunents 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 tenn hereof. at its sole cost and 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 S2.000.000.oo
with respect to death or injury to anyone or more persons and $1.000.000.00 with respect
to property damage. Insurance tenn 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 tenn 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
Page 6
or assigns.
7.
~~~FD~A~CE OF SUBDIVISION
V LOPER IMPROVEMENTS.
City will accept the Subdivision after it has been completed in accordance with
the provisions of this Agreyment, 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 2..5!& of the original cost of the Developer Improvements
which shall be in force for one year following acceptance of the Developer
Improvements ("the Warranty Period").
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 written authorization of the City
Engineer, the Developer may pay the amount of the approved progress payments
and the Cash Escrow Deposit shall be reduced and released to Developer to the
extend of the approved progress payment However, the Letter of Credit shall
not be reduced to less than 25% of the Cost of Developer Improvements prior to
the expiration of the Warranty Period.
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 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.
Page 7
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 A~ement 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.
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 me 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, 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:
Page 8
If to City:
City Engineer
City of Prior Lake
4629 Dakota Street SE
Prior Lake MN 55372
With a copy to:
Glenn R. Kessel
l Lommen, Nelson, Cole & Stage berg, P.A.
1800 IDS Center
80th South 8th Street
Minneapolis MN 55402
If to Developer:
Warren J. Israelson
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 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 9
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
,192J.
By
DEVELOPER:
PROG.RE~S Lj:J. ;7ZPANY. INC.
By 1/) ~ c .(
.'
APPROVED AS TO FORM:
Glenn R. Kessel
Its ('1'1.':;11-'1';/,
CITY OF PRIOR LAKE:
By
Its Mayor
By
Its City Manager
Page 10
STATE OF MINNESOTA }
} ss:
COUNTY OF SCOTT }
On the I? day of /1 p~ , 19 ~, before me, a Notary Public, with and for said
County personally appeared Warren 1. Israelson to me personally known, being personally
known, being by me duly sworn did say that he is the President of the corporation named in the
foregoing instrument; and that the seal affixed to said Instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said corporation by
authority of its Board of Directors and said Warren 1. Israelson acknowledged said instrument to
be the free act and deed of said corporation.
BERNICE A. JUlKOWSKI
@......NOTARYP\JBUC.MINNESOTA
.J} SCOTT COUNlY
My eomm. ExPo ~ 18. 1998
~~,.d'
Notary blic
}
} ss:
}
STATE OF MINNESOTA
COUNTY OF
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
DACR2.WRT
Page 11
EXHIBIT A
ENGINEERS ESTIMATE FOR COSTS INSIDE OF THE PLAT OF
CARRIAGE HILLS THIRD ADDITION
SANITARY SEWER CONSTRUCTION
Est
Item Description Unit Quan
A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-10
A-11
Conn to Ex. 8" PVC
Each
Unit
Amount
Amount
8" PVC 0-8' Deep
8-10' Deep
10-12' Deep
12-14' Deep
L.F.
L.F.
L.F.
L.F.
1
815
1329
573
55
5300.00
5300.00
8" DIP in Lieu of 8" PVC L.F.
std MH 0-8' Deep Each
Drop MH 0-8' Deep Each
8" Cleanout Each
Extra MH Depth L.F.
8" X 4" PVC Wye Each
4" PVC Service Pipe L.F.
(Schedule 40)
Sand Bedding Ton
Crushed Rock Ton
S10.00
S12.00
S14.00
S16.00
S8,150.00
S15,948.00
58,022.00
S880.00
20 S7.00 S140.00
11 51,000.00 511,000.00
1 Sl,500.00 51,500.00
1 S200.00 S200.00
26 580.00 52,080.00
53 550.00 52,650.00
1900 S6.00 511,400.00
1000 S5.00 55,000.00
200 58.00 51,600.00
Total Sanitary Sewer Amount
568,870.00
Conn. to Ex. 8" DIP
Each
WATERMAIN CONSTRUCTION
Est
Item Description Unit Quan
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
8" DIP Watermain
L.F.
6" DIP Watermain
L.F.
1" Copper
L.F.
1" Corp, cb st & Box
Each
8" Valve & Box
Each
6" Valve & Box
Each
Hydrant, 6" Valve & Box
Fittings for DIP
Each
Lb.
Total Watermain Amount
Unit
Amount
Amount
3 5500.00 51,500.00
1730 515.00 525,950.00
60S 512.50 57,562.50
1910 S6.00 511,460.00
53 S150.00 S7,950.00
8 5470.00 53,760.00
6 5370.00 52,220.00
5 Sl,350.00 S6,750.00
2410 51.00 S2,410.00
569,562.50
EXHIBIT A
STORM SEWER CONSTRUCTION
Est Unit
Item Description Unit Quan Amount Amount
C-1 24" RCP cl 3, 0-11' Deep L.F. 924 $32.00 $29,568.00
C-2 21" RCF Cl 3 , 0-8' Deep I L.F. 217 $28.00 $6,076.00
C-3 18" RCP Cl 3, 0-10' Deep L.F. 70 S25.00 $1,750.00
I
C-4 15" RCP Cl 5, 0-11' Deep L.F. 237 S22.00 S5,214.00
C-5 12" RCP Cl 5, 0-8' Deep L.F. 82 S20.00 Sl,640.00
C-6 std 48" MH,CB 0-8' Deep Each 11 $1,000.00 Sll,OOO.OO
C-7 std 2'X 3 ' CB 0-8' Deep Each 2 $900.00 Sl,800.00
C-8 15" Flared End Each 1 S600.00 S600.00
with Trash Guard
C-9 Riprap C.Y. 6 S40.00 $240.00
C-10 6" Filter Blanket C.Y. 3 S10.00 S30.00
Total storm Sewer Amount S57,918.00
PAVING CONSTRUCTION
Est Unit
Item Description Unit Quan Amount Amount
D-1 3" 2331 Bit. Base Ton 1570 S21. 00 $32,970.00
0-2 1.5" 2341 Bit. Wear Ton 785 S24.00 S18,840.00
(Incl. Tack Coat)
D-3 Subgrade Preparation Lump 1 $4,000.00 $4,000.00
0-4 4" 100\ Crushed Rock Base Ton 2700 $7.00 S18,900.00
D-5 Cone. Curb & Gutter L.F. 5340 $4.50 $24,030.00
0-6 Adjust CB Each 9 S80.00 S720.00
D-7 Adjust MH Each 12 $160.00 $1,920.00
0-8 Adjust VB Each 9 $130.00 Sl,170.00
0-9 5' Concrete Walk S.F. 2375 $1.50 $3,562.50
0-10 8 ' Brick Paver S.F. 465 $5.00 S2,325.00
D-11 8' Bit. Trail L.F. 270 S18.00 $4,860.00
Total Paving Amount $113,297.50
Total Project Amount Inside Plat $309,648.00
EXHIBIT A
ENGINEERS ESTIMATE FOR COSTS OUTSIDE OF THE PLAT OF
CARRIAGE HILLS THIRD ADDITION
SANITARY SEWER CONSTRUCTION
Est Unit
Item Description Unit Quan Amount Amount
1/
A-1 Add'nal Casing Under CR21 Lump 1 $4,500.00 $4,500.00
(For Second Addition)
STORM SEWER CONSTRUCTION
Est Unit
Item Description Unit Quan Amount Amount
C-1 42" RCP CI 2, 0-10' Deep L.F. 80 $70.00 $5,600.00
C-2 33" RCP Cl 3, 0-10' Deep L.F. 352 S50.00 S17,600.00
C-3 24" RCP Cl 3, 0-11' Deep L.F. 20 $32.00 $640.00
C-4 std 72" MH,CB 0-8' Deep Each 1 $2,400.00 $2,400.00
C-5 std 60" MH , CB 0-8' Deep Each 2 $1,700.00 $3,400.00
C-6 42" Flared End Each 1 $1,600.00 $1,600.00
with Trash Guard
C-7 Riprap C.Y. 14 S40.00 $560.00
C-8 6" Filter Blanket C.Y. 7 $10.00 $70.00
C-9 Overflow Pipe Lump 1 $2,000.00 $2,000.00
(For First Addition)
Total Storm Sewer Amount S33,870.00
Plus 10\ Engineering $3,387.00
Total Storm Sewer Outside Plat $37,257.00
D-1 8' Bit. Trail L.F. 270 S18.00 $4,860.00
EXHIBIT A
CARRIAGE HILLS THIRD ADDITION LOT AREAS
GROSS LOT GROSS LOT
LOT BLOCK AREA WIDTH LOT BLOCK AREA WIDTH
1 1 10,011 80.40 1 4 12,007 96.00
2 1 10,000 80.00 2 4 12,206 99.42
3 4 13,466 82.27
1 2 10,000 80.00 4 4 12,247 80.49
2 2 10,000 80.00 5 4 12,000 80.00
3 2 10,000 80.00 6 4 12,000 80.00
4 2 10,000 80.00 7 4 29,415 80.07
5 2 10,164 81.97 8 4 15,047 80.04
6 2 12,240 126.82 9 4 14,535 80.04
7 2 13,756 88.65 10 4 11,343 872.00
8 2 11,284 84.70 11 4 11,245 84.00
9 2 10,063 80.00 12 4 12,145 92.61
13 4 11,404 84.48
1 3 12,009 100.66 14 4 14,048 96.15
2 3 10,000 80.00 15 4 12,010 105.68
3 3 10,000 80.00 16 4 12,027 96.00
1 5 12,065 96.12
2 5 12,206 96.00 1 6 10,400 80.00
3 5 11,017 91. 57 2 6 10,327 80.29
4 5 11,474 82.74 3 6 10,009 82r57
5 5 10,201 80.29 4 6 10,079 82.57
6 5 10,566 80.00 5 6 12,002 96.57
6 6 12,432 101.44
1 7 10,465 85.16 7 6 10 ,797 89.80
2 7 10,753 82.97 8 6 10,897 89.80
3 7 12,134 82.32 9 6 10,843 87.00
4 7 12,049 102.24
5 7 11,519 82.26
6 7 12,245 82.00
7 7 13,735 84.00
TOTAL GROSS LOT AREA 614,887
AVE LOT AREA 11,825
DRAINAGE EASEMENT ON 5,275
LOTS 7 & 8, BLOCK 7
TOTAL NET LOT AREA 609,612
EXHIBIT B
NO.
DATE:
TO:
CITY OF PRIOR LAKE
4629 DAKOTA STREET SE
PRIOR LAKE, HN 55372
H
Dear Sir or Madam:
We open Irreovocable Standby Letter of Credit No.
USD ~ AMOUNT (SPELL OUT DOLLAR AMOUNT 00/11 USDLRS)
in the amount of
In favor of yourselves.
FOR THE ACCOUNT OF: INDIVIDU14.L N14.ME FOR N14.ME OF DINI!:I,OPMENT
DEVELOPER'S ADDRESS
Expires
D14.TE
at our counters.
This is a clean Letter of Credit available against drafts drawn at sight on .
BMlK NAME ADDRESS, Minnesota bearing the clause:
Drawn under Standby Letter of Credit Number of BANK
N14.ME , 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:
B.).Nl( N14.ME 1>.ND 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 N14.ME
AUTHORIZED SIGNA'1"URE
AUTHORIZED SIGNATURE
II
ii
,
... ....
.'
I
"
, .. h...
\
c
..
..~
..
..~
..
0
..
..
,
0
..
,-:
..-~
'.
..
(.,
....
ii
!
t1
.
jj
:
.... ..:
uDC3C3CaDu:#uu
..,....:;::=:;::;:~;
iiiuUll _
I"~~II
.....'!l:"iiU
l:l:l:l:l:l:" I
I
unUiUUH
.....:
11111..
!
!
....
~~i1i1H
ill:.,!
".1-1
.......
';~'::.:~
'.'
~
"'.
",
:::
...
..:
. :~
:'s
$..
k
.
EXHmIT "D"
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and City costs for Carriage Hills Third
Addition. The net area of the final plat is 609,612 square feet.
DEVELOPER COSTS/FEES
DEVELOPER OWES CITYrrOTAL
$ 18,287.28
38,485.61
9,000.00
102,414.82
9,796.34
250.00
$178,234.05
6% Administration Fee
Trunk Sewer & Water Fee
Lateral Sewer & Water
Connection Charge
Stormwater Management Fee
Collector Street Fee
Street Signs
CITY COSTS
Sanitary Sewer & Trunk Costs
(Trunk Reserve)
Water Trunk Costs
(Trunk Reserve)
Storm Sewer Trunk Costs
(Trunk Reserve)
Storm Sewer Off-Site Engineering
(Trunk Reserve)
Trails Entrances to City Park
(Capital Park)
CITY OWES DEVELOPER/fOTAL
$ 4,500.00
0.00
91,788.00
3,387.00
4.860.00
$104,535.00
CARRIAGE HILLS THIRD ADDITION
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer
Street (Includes Trails)
$ 68,870.00
69,562.50
91,788.00
113.297.50
TOTAL PROJECT COST
$343,518.00
DEVELOPER COSTS
Determine 6% Project Administration Fee:
Total Construction Cost
Minus City Trail Cost
Minus OfTsite Storm Sewer
TOTAL
Developer 6% Administration Fee:
6% of $304,788.00
Determine Amount of Letter of Credit:
Project Cost Total
125% ($343,518.00)
Cash Deposit (100% Amount)
Letter of Credit (25% Amount)
(To be used for Warranty)
Determine Developer Trunk Sewer & Watermain Fees:
Net lot area is 609,612 sq. ft.
$2,750/acre (609,612 sq. ft.)/43,560
sq. ftJacre =
Determine Developer Lateral Sewer & Water Charge:
150 Front Footage @ $60/FF
(Sewer Rate = $40/FF)
(Water Rate = $20/FF)
Determine Developer Stormwater Management Fee:
Net lot area is 609,612 sq. ft.
.168/sq. ft. (609,612) sq. ft.
$343,518.00
< 4,B60.00>
<33,870.00>
$304,788.00
$ 18,287.28
$343,518.00
$429,397.50
$343,518.00
$ 85,879.50
$ 38,485.61
$ 9,000.00
$102,414.82
Determine Developer Collector Street Fee:
Net lot area is 609,612 sq. ft.
$700/ac. (609,612 sq. ft.)/43,560
sq. ft.lac.
$ 9,796.34
J
CITY COSTS
Sani tary Sewer Trunk Costs
(Additional Casing Cost under
CSAH 21 for Second Addition)
$ 4,500.00
Developer's Storm Sewer Cost (On-Site)
(From Exhibit A)
$ 57,918.00
Developer's Storm Sewer Cost (Off-Site)
(From Exhibit A)
$ 33,870.00
Developer's Off-site Storm Sewer
Engineering Cost (From Exhibit A)
$ 3,387.00
TOTAL STORM SEWER COST
$ 95,175.00
Cost of City Park Bituminous Trail at Park Entrances:
The City of Prior Lake has requested the Developer to install the park entrance
bituminous trails in two locations within Carriage Hills Third Addition. The cost of
installing approximately 270 lineal feet of trails in the project is as follows:
8' Bike Path through Carriage Hills Third Addition
8' Bituminous Trail
270 L.F. @ $18/L.F.
$ 4,860.00
''EXHmIT E"
SPECIAL CONDITIONS
1. The Developer is responsible for the installation of the street lighting. The
street lighting shall be approved by the City Engineer prior to installation.
2. The Developer will maintain the temporary and permanent sedimentation
basins and erosion control until 90% of the lots in the third addition 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 comers by December 1,
1994.
4. Sidewalk easement along Canter Lane needs to be provided before recording
of the plat acceptable to the City Engineer.
5. Appropriate drainage and utility easements be provided on the plat
acceptable to the City Engineer.
6. 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.
7. Grading plans for Carriage Hills 4th Addition addressing the fill/borrow sites
relating to grading of Carriage Hills Parkway and the City Park be submitted
by March 15, 1993 acceptable to the City Engineer and Parks Director.
8. The Developer is responsible for the cost of extending the watermain from
Coachman Lane in Carriage Hills 4th Addition to Pike Lake Trail. This
extension cost will be incorporated into the Carriage Hills 4th Addition
Developer's Agreement.
DACH3D.WRT
..
EXHIBIT F
POLICY FOR PRIVATE DEVELOPMENT PROJECTS
CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING
REQUIREMENTS
It is the POlicr ot the City ot Prior Lake that construction
activity tor al 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 Department or their consultant's representative.
CONSTRUCTION INSPECTION ENGINEERING SERVICES FEE STRUCTURE
Private development projects shall be financiallf responsible
for the engineering inspection and testing servlces of the
development to the city. The invoices received by the City
from engineering consultants performing inspection or
material testing work shall be torwarded 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 ot
receipt of the invoice by the City ot Prior Lake. In the
event that payment ot an invoice is not made within the
twenty (20) daf period, the City will draw on the Develo~er's
letter of cred1t to pay the invoices received trom the Clty's
consultants. The City will adjust the letter ot credit
amount in a way to maintain 25% of the net construction cost
plus the remaining construction cost of the project as
determined by the City Engineer. If city staft is used tor
construction inspection 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 the
development.
The construction inspection service shall include:
1.
Inspection of public improvement systems which
include grading, sanitary sewer, watermain, storm
sewer/ponding, and street systems. Grading
inspection is tor overview of drainage swales and
not tor detail site gradinq. .
Documentation ot construction work and all testing
ot im~rovements.
As-bullt location dimensions for sanitary sewer,
watermain, and storm sewer facilities.
Coordination with testinq company tor soil and
material testing and actual material testinq costs
as pertormed 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 tollowing:
1. Construction surveying
2. As-built dra~ings ot development improvements (Tie
dimensions to sewer and water services trom city
statt or city consultant)
3. Construction quantities
4. Change Orders
5. Construction administration ot project
6. Construction payment vouchers