HomeMy WebLinkAbout8B - Wild Oaks
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 15, 1999
8B
JANE KANSIER, PLANNING COORDINATOR
DONALD R. RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 99-~
APPROVING THE FINAL PLAT AND DEVELOPMENT
CONTRACT FOR WILD OAKS
'23
History: On May 17, 1999, the City Council approved Resolution 99-
46 approving the preliminary plat for Wild Oaks. The preliminary plat
consisted of 13.82 acres to be subdivided into 21 envelope lots for
individual townhouse units and one lot for the common open space.
The final plat to be known as Wild Oaks encompasses the entire
development. It consists of 13.82 acres to be subdivided into 21
envelope lots and one common area lot.
Current Circumstances: The principal requirements for final plat
approval include a signed Development Contract with surety for the
installation of utilities and streets and the satisfactory completion of all
preliminary plat conditions.
Staff has reviewed the final plat and finds it to be in substantial
compliance with the approved preliminary plat. All of the conditions
placed on the preliminary plat have been satisfied. The final plat is
subject to six conditions which will be satisfied prior to the release of
the final plat documents.
The Issues: The development contract specifies the required
improvements for this plat. The stormwater management fee and the
collector street fee are outlined in the contract. These fees are based
on the net area of the plat (6.87 acres) as per City policy. The parkland
dedication fee is also outlined in the contract. The parkland dedication
requirement is based on the gross area of the plat. One charge unique
to this plat is the trunk watermain agreement cost. This fee is the
result ofthe action by the City Council in 1994 to waive the accrued
interest on the watermain assessment for this property. The waiver
was subject to the condition that the developer or owner pay the full
1:\99iiles\99..s.ubdiv\99final\wildoaks\final\=e.doe Page I
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (b12) 447-4245
AN EQUAL OPPORTU,ITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
principal amount of$17,477.25 at the time of the sale of the property
and the conveyance of the easements over the wetlands. The
conveyance takes place as part of the final plat approval.
Conclusion: A copy of the contract is attached to this report. A
signed copy will be available at the meeting. Staff will be available to
discuss the details of this contract with the Council.
Budget Impact: Approval of this final plat will allow the development
of this site, which will contribute to the City's tax base. The required
development fees are deposited into the appropriate City accounts.
The City Council has three alternatives:
1. Adopt Resolution 99-XX, approving the final plat and Development
Contract for Wild Oaks.
2. Deny Resolution 99-XX.
3. Defer this item and provide staffwith specific direction.
A motion and second to Adopt Resolution 99-XX approving the final
plat and Development Contract for Wild Oaks and authorizing the
Mayor and City Mager to sign the Development Contract.
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Page 2
RESOLUTION 99-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL
PLAT OF "WILD OAKS" AND DEVELOPMENT CONTRACT AND SETTING FORTH
CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY: SECOND BY:
WHEREAS: the City Council approved the preliminary plat known as Wild Oaks, subject to
conditions identified by Resolution 99-46, on May 17, 1999; and
WHEREAS: the City Council has found that the final plat of "Wild Oaks" is in substantial
compliance with the approved preliminary plat; and
WHEREAS: The City Council has received a request for approval of the final plat of "Wild
Oaks".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it should and hereby does approve the final plat
subject to the requirement that the following conditions be met, prior to release of, and recording
of said plat:
1. A current title opinion or commitment of title insurance be submitted acceptable to the City
Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200';
and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures be submitted.
5. The developer provide financial security, acceptable to the City Engineer prior to release of
the final plat my1ars.
6. The final plat and all pertinent documents must be filed with Scott County within 60 days
from the date of final plat approval. Failure to record the documents by January 15, 2000,
will render the final plat null and void.
Passed and adopted this 15th day of November, 1999.
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16200 t.agle LreeK Ave. ::'.t.., Prior LaKe. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~J L147-4245
AN EQUAL OPPORTUNITY EMPLOYER
YES NO
MADER MADER
KEDROWSKI KEDROWSKI
PETERSEN PETERSEN
SCHENCK SCHENCK
WUELLNER WUELLNER
Frank Boyles, City Manager
{Seal} City of Prior Lake
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SAO ~lS SHAll. BE 1/2 PlOt x ,.. NOi IROH' PIPE5 lIAR1CI]) IY'ltJ..,5. NO. 112....
JAMES R. HILL INC.
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DEVELOPMENT CONTRACT
WILD OAKS
PROJECT #98-35
AGREEMENT dated November 15, 1999, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation ("City"), and Prior Lake Oaks, LLC (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
Plat for Wild Oaks (referred to in this Contract as the "Plat"). The land is legally described as shown on
attached Exhibit A which is incorporated herein as if fully set forth.
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2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition"'"
that the Developer enter into this Contract, furnish the security required by it, and record the Plat with
the County Recorder or Registrar of Titles within 60 days after the City Council approves the final Plat.
3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this Contract has been fully executed by both
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parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not
,
apply to grading or other approvals set forth in Resolution No. 99-46, dated May 17, 1999, approving
the Preliminary Plat for Wild Oaks.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat,
the City may refuse to approve final Plats of subsequent phases if the Developer has breached this
Contrac.or the Resolution approving the Final Plat and the breach has not been remedied. Development
of subsequent phases may not proceed until Development Contracts for such phases are approved by the
City. Fees and charges collected by the City in connection with infrastructure and public improvements
are not being imposed on outlots, if any, in the Plat that are designated in an approved preliminary Plat
for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots
are subdivided into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary
Plat, the Developer shall submit a Staging Plan for City Council approval which may allow the
Developer more than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the
following plans. The plans shall not be attached to this Contract, but are incorporated by reference and
made a part of this Contract as if fully set forth herein. If the plans vary from the written terms of this
Contract, the written terms shall control. The plans are:
Plan A --
Final Plat Dated November 1, 1999 (Prepared by James R. Hill, Inc.)
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. ''i
-- ---.--.--
Plan B --
Final Grading, Development, and Erosion Control Planes). The soil
erosion plan must also be approved by the Prior Lake/Spring Lake
Watershed District. Dated October 1, 1999 (Prepared by James R. Hill,
Inc.)
Plan C --
Tree Preservation and Replacement Plan Dated SepteIp-ber 24, 1999
(Prepared by James R. Hill, Inc.)
Plan D --
One set of Plans and Specifications for Developer Improvements Dated
October 1, 1999 (Prepared by James R. Hill, Inc.)
Plan E --
Street Lighting Plan Dated October 25, 1999 (Prepared by MVEC)
Plan F --
Landscaping Plan Dated September 24, 1999 (Prepared by James R. Hill,
Inc.)
7. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the
following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading andP.91.1cJ.itJ
H. Underground Utilities
1. Setting of Iron Monuments
J. Sidewalks and Trails
K Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utilities and street construction; the City I s Public Works Design Manual and any other
applicable City ordinances, all of which are incorporated herein by reference. The Developer shall
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submit plans and specifications which have been prepared by a Minnesota registered professional civil
engineer to the City for approval by the City Engineer. The Developer shall obtain all necessary
permits from the Metropolitan Council and other agencies before proceeding with construction. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City's
authorized personnel. The Developer or his engineer shall schedule a preconstruction meeting with all
parties concerned, including the City staff, to review the program for the construction work. Before the
security for the completion of utilities is released, iron monuments must be installed in accordance with
Minn. Stat. ~ 505.02. The Developer's surveyor shall submit a written notice to the City certifying that
the monuments have been installed.
8. CONSTRUCTION OBSERVATION.
a. The City's authorized personnel shall inspect the DEVELOPER
IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by
the City shall include:
1. Inspection of required improvements which include grading, sanitary
sewer, watermain, storm sewer/ponding and street system.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain and storm
sewer facilities.
9. DEVELOPER SERVICES. The Developer shall be responsible for providing all other
construction services including, but not limited to:
a. Construction surveying
b. As-built drawings of grading plans.
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4
c. As-built drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts.
(Tie dimensions to sewer and water services from City staff or City consultants.)
;
d. Project Testing: The Developer is responsible through its testing company, at the
Developer's cost, to provide testing to certify that Developer Improvements were completed in
compliance with the approved fmal plans and specifications. The personnel performing the
testing shall be certified by the Minnesota Department of Transportation. The City Engineer may
require additional testing if in his opinion adequate testing is not being performed. The cost of
additional testing is to be paid by the Developer.
e. Lot corners and monuments
10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within 30 days of the completion of street related improvements and restore all
other areas disturbed by the development grading operation in accordance with the approved erosion
control plan. Upon request of the City Engineer, the Developer shall remove the silt fences after turf
establishment.
11.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first. At the end of the one year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
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12. OCCUPANCY. A permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
been completed and the fIrst lift of bituminous has been placed and said improvements have been
inspected and determined by the City to be available for use.
13. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by August 31, 2000, with the exception of the fInal wear course of asphalt on streets.
The final wear course on streets shall be installed the fIrst summer after the base layer of asphalt has
been in place for one freeze thaw cycle. The Developer may, however, request an extension of time
from the City. If an extension is granted, it shall be in writing and conditioned upon updating the
security posted by the Developer to reflect cost increases and the extended completion date.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with Plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if, in the City Engineer's opinion they are necessary to meet
erosion control objectives at no cost to the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas
shall be mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of
the essence in controlling erosion. If the Developer does not comply with the erosion control plan and
schedule or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
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proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for
such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements.
16. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the
Developer shall identify in writing a responsible party for erosion control, street cleaning, and street
sweepmg.
17. GRADING PIAN. The Plat shall be graded in accordance with the approved grading,
developrnent and erosion control planes), Plan "B". The plan shall conform to City of Prior Lake Public
Works Design Manual.
Before the City releases the security, the Developer shall provide the City with .an "as
built" grading plan and a certification by a registered land surveyor or engineer that all ponds, swales,
and ditches have been constructed on public easements or land owned by the City. The "as built" plan
shall include field verified elevations of the following: a) cross sections of ponds, b) location and
elevations along all swales and ditches, and c) lot corners and house pads. The City may withhold
issuance of building permits until the approved certified grading plan is on file with the City and all
erosion control measures are in place as determined by the City Engineer.
18.
OWNERSHIP OF IMPROVEMENTS.
Upon completion of the Developer
Improvements required by this Contract and fmal written acceptance by the City Engineer, the
improvements lying within public easements shall become City property without further notice or action.
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19. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These
activities include, but are not limited to, preparation of the Development Contract, consultation with
Developer and its engineer on the status of or problems regarding the project, project monitoring during
the warranty period, processing of requests for reduction in security, and City legal expenses. Fees for
this service shall be six percent (6 %) of the estimated construction cost as detailed in Exhibit E, less
oversizing costs outlined in Exhibit D, Section A, assuming normal construction and project scheduling.
The provisions of this paragraph are subject to adjustment pursuant to Paragraph 40 of this Development
Contract.
20. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%)
of the estimated construction cost, less oversizing costs outlined in Exhibit D, Section A, for
construction observation performed by the City I S authorized personnel. Construction observation shall
include, but is not limited to, part or full-time inspection of proposed grading, public utilities and street
construction. The provisions of this paragraph are subject to adjustment pursuant to Paragraph 40 of this
Development Contract.
21. STORM WATER MANAGEMENT FEE. The Developer shall pay a stormwater
management fee of $21,847.00 prior to the City signing the final Plat. The amount was calculated as
follows: 6.87 acres at $3,180.00 per acre.
22. TRUNK WATERMAIN AGREEMENT COST. On September 6,1994, the City Council
approved a waiver on accrued interest for a watermain assessment subject to full payment of the
principal amount of $17,477.25 at the time of sale and wetlands easement conveyance.
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23. COLLECTOR STREET FEE. This Development Contract requires the Developer to
pay a collector street fee of $10,305.00 for collector street improvements prior to the City signing the
fma1 Plat. The amount was calculated as follows: 6.87 acres at $1500.00 per acre.
24. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an
amount of cash or land or a combination of both as established by the Parks and Recreation Director. In
lieu of contributing land for park dedication, the Developer shall pay a cash amount of $17,966.00.
This amount was calculated as follows: Gross area of the plat: 13.82 acres X 10% X $13,000.00 (the
current fair market value of the land per acre as established by the Prior Lake City Council). The fee
shall be paid prior to the City signing the fmal Plat.
25. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND
OPERATIONAL COSTS. Before the City signs the fmal Plat, the Developer shall pay to the City
$100.00 for installation of traffic control signs and street signs. The Developer shall be financially
responsir:,: for the installation of street identification signs and non-mechanical and non-electrical traffic
control signs. Street signs will be in conformance with the names as indicated on the Plat and pursuant
to City standards. The actual number and location of signs to be installed shall be determined by the
City and actual installation shall be performed by City authorized personnel. The Developer is
responsible for the installation of the street lighting. The Developer shall pay the full capital cost of
every light to be installed; this includes poles, fixtures, underground wiring, and all appurtenant work.
The street light plan must be acceptable to the City Engineer and in accordance with Exhibit F.
26. LANDSCAPING rSingle-Familv Residential}. Landscaping must be provided as shown
on approved Plan F. The Developer shall provide a financial guarantee of $104,786.11 based on an
amount equal to 125 % of the estimated cost to furnish and plant the required landscaping. The security
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shall be maintained for a least one (1) year after the date the landscaping has been completed. At the
end of such year, the portion of the security equal to 125 % of the estimated cost of the landscaping
plantings which are alive and healthy may be released. Any portion of the security not entitled to be
released shall be maintained and shall secure the Developer's obligation to remove and replant the
required landscaping plantings which are not alive or are unhealthy, and to replant missing trees. Upon
completion of the replanting of these trees, the entire security may be released.
27. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, the
Developer shall provide a financial guarantee of $80,000 based on an amount equal to 125 % of the
estimated cost to furnish and plant the replacement trees. The estimated cost shall be provided by the
Developer subject to approval by the City, and shall be at least as much as the reasonable amount
charged by nurseries for the furnishing and planting of replacement trees. The security shall be
maintained for a least one (1) year after the date the last replacement tree has been planted. At the end
of such year, the portion of the security equal to 125 % of the estimated cost of the replacement trees
which are alive and healthy may be released. Any portion of the security not entitled to be released
shall be maintained and shall secure the Developer's obligation to remove and replant replacement trees
which are not alive or are unhealthy, and to replant missing trees. Upon completion of the replanting of
these trees, the entire security may be released.
28. SECURITY. To guarantee compliance with the terms of this Contract, payment of real
estate taxes including interest and penalties, payment of special assessments, payment of the costs of all
public improvements, and construction of all public improvements, the Developer shall furnish the City
with an Irrevocable Letter of Credit in an amount equal to 125 % of the estimated Developer
Improvement Costs. The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank
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("Security") for $470,569.00, plus a cash fee of $112,869.25 for City Development Fees. The amount
of the Security was calculated as follows:
DEVELOPER IMPROVEMENTS COSTS:
Sanitary Sewer
$ 43,127.50
$ 43,502.50
$ 22,626.00
$ 113,970.00
$ 83,828.89
$ 64,000.00
$ 5,400.00
$ 376,454.89
X 1.25
$ 470.569.00
Watermain
Storm Sewer
Streets
Landscaping
Tree Preservation and Replacement
Erosion Control
ESTIMATEDDEVELOPER~ROVEMENTSSUBTOTAL
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
CITY DEVELOPMENT FEES:
Collector Street Fees (23)
$ 22,587.00
$ 22,587.00
$ 21,847.00
$ 17 ,477 .25
$ 10,305.00
$ 17,966.00
$ 100.00
$ 112.869.25
City Administration Fee (6%) (19)
City Construction Observation (6 %) (20)
Storm Water Management Fee (21)
Trunk Watermain Agreement Cost (22)
Park Dedication Fee (if in lieu of land) (24)
Street and Traffic Control Signs (25)
TOTAL CITY DEVELOPMENT FEES
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This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank shall be subject to the approval of the City Manager. The Security shall be for a term ending
December 31, 2001. Individual Security instruments may be for shorter terms provided they are
replaced at least sixty (60) days prior to their expiration. The City may draw down the Security, without
notice, for any violation of the terms of this Contract or if the Security is allowed to lapse prior to the
end of the required term. If the required Developer Improvements are not completed at least thirty (30)
days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn
down, the proceeds shall be used to cure the default.
29. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that work
has been completed and fmancial obligations to the City have been satisfied, with City approval the
Security may be reduced from time to time by seventy-five percent (75 %) of the fmancial obligations
that have been satisfied. Twenty-five percent (25 %) of the Security shall be retained until all
improvements have been completed, all fmancial obligations to the City satisfied, and the required "as-
built" grading plans and information have been received by the City. The City Public Works Design
Manual outlines the procedures for Security reductions.
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets
is one year. The warranty period for underground utilities is two years. The warranty period on streets
shall commence after the fmal wear course has been installed and accepted by the City and the warranty
period on underground utilities shall commence following their completion and acceptance by the City.
The Developer shall post maintenance bonds to secure the warranties. All trees shall be warranted to be
alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be
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warranted for twelve (12) months from the time of planting. The City shall retain twenty-five percent
(25 %) of the Security posted by the Developer until the Developer Improvements are accepted by the
City Engineer and the bonds are furnished to the City. The security retainage may be used to pay for
;
warranty work. The City standard specifications for utilities and street construction identify the
procedures for final acceptance of streets and utilities.
31. REDUCTION OF SECURITY TO FIVE PERCENT (5%). The Security guaranteeing
satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of
the construction costs as set forth in Paragraph 28 by the City Engineer in writing and by providing the
City a performance bond or a warranty bond from the Developer or its contractors in an amount equal to
the construction costs which shall be in force for two (2) years for streets and one (1) year for utilities
(the "Warranty Period") following acceptance of all required improvements and shall guarantee
satisfactory performance of such improvements. All punch list items must be completed before a
reduction in Security will be considered. The Warranty Period for a particular Developer Improvement
shall commence on the date the City Engineer issues written acceptance of the Developer Improvement.
The City Engineer may establish a lost of the individual Developer Improvements that the Developer
will install as part of the Plat. The City Engineer may accept one or more individual Developer
Improvements prior to the completion of all Developer Improvements. The City Engineer shall
determine whether particular Developer Improvements are so integral to one another so as not to make it
feasible or practical for the City to accept one Developer Improvement prior to the completion of other
related Developer Improvements.
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The five percent (5 %) Security shall not be released until the Developer provides the City
Engineer with a certificate from the Developer's land surveyor stating that all irons have been set
following site grading and utility and street construction.
32. OVERSIZING. City and Developer agree that the Developer Improvements should be
oversized for the benefit of future development. Oversizing is the construction of a Developer
Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, grading,
and road improvements. City and Developer agree that the cost of system oversizing to be reimbursed
to the Developer is $0.00 based upon a cost estimate as determined by both quotes received from the
Developer's subcontractor and the City Engineer using the City's Assessment Policy based on a fmal
engineering design. The calculation for oversizing is attached as Exhibit D.
If the City Engineer determines additional work as the result of oversizing is required, the City
shall reimburse the Developer for the costs associated with this work.
33. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Contract has been
performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Security in an amount up to 125 % of the claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any further
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1"
t:Y
proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court
shall retain jurisdiction to determine attorneys I fees pursuant to this Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Developer fails within that time to pay the subcontractor
any undisputed amount for which the Developer has received payment by the City, the Developer shall
pay interest to the subcontractor on the unpaid amount at the rate of 1 V2 percent (1.5 %) per month or
any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or
more is $10. For an unpaid balance of less than $100, the Developer shall pay the actual interest
penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Developer shall be awarded its costs and disbursement, including attorney I s fees.
incurred in bringing the action. (See Minn. Stat. ~471.425, Subd. 4a.)
34. SPECIAL PROVISIONS. The following special provisions shall apply to Plat
development:
A. Implementation of the conditions listed in the Resolution approving the final plat.
B. The Developer is required to submit the final Plat in electronic format. The
electronic format shall be compatible with the City's software (AutoCAD Release 13).
C. The provisions of Minn. Stat. 9462.358 are incorporated herein as if fully set
forth. If any of the provisions, criteria, performance standards or the like in this Development contract
or in any City Ordinance applicable to this Development Contract are more stringent than those set forth
in Minn. Stat. 9462.358, the more stringent provision, criteria, performance standard or the like shall
apply.
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35. RESPONSIBILITY FOR COSTS.
A. Once the City Engineer approves the construction costs or estimates for the
developer Improvements, except those that are subject to oversizing as described in Paragraph 32 of this
Development Contract, there will not be any reimbursement to the City by the Developer or to the
Developer by the City for City Administration or Construction Observation Fees. The Developer shall
not be responsible for paying City Administration or Construction Observation Fees on the construction
costs or estimates associated with oversizing.
B. The Developer shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys I fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt Plat development and construction until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year.
36. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except
in an emergency as determined by the City, is first given notice of the work in default, not less than 48
hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City
to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part against all or any portion of the
property within the Plat. The Developer hereby waives any and all procedural or substantive objections
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to any special assessment levied to pay the cost to remedy a Developer default, including but not limited
to hearing requirements and any claim that the assessment exceeds the benefit to the Property.
37. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its
Council, agents, employees, attorneys and representatives harmless against and in respect of any and all
claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City
incurs or suffers, which arise out of, result from or relate to this Development Contract. The
responsibility to indemnify and hold the City harmless from claims arising out of or resulting from the
actions or in.,:tions of the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
38. MISCELLANEOUS.
A. The Developer represents to the City that the Plat complies with all county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does
not comply, the City may, at its option, refuse to allow construction or development work in the Plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is
compliance.
B. Developer shall be responsible for all street maintenance until fmal written
acceptance by the City of the Developer Improvements. Warning signs and detour signs, if determined
to be necessJ.ry by the City Engineer, shall be placed when hazards develop in streets to prevent the
public fr, . traveling on same and directing attention to detours. If and when streets become
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impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph, "street
maintenance" does not include snow plowing or normal sweeping.
C. Third parties shall have no recourse against the City under this Contract.
,
D. Breach of the terms of this Contract by the Developer shall be grounds for denial
of building permits, including those sold to third parties, and shall be grounds for the City to order all
work on the Plat to cease.
E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Contract.
F. Grading, curbing, and one lift of bituminous shall be installed and accepted on all
public streets prior to issuance of any certificates of occupancy, except for model purposes only, a
maximum of ten percent (10%) of the total lots in the active phase of the subdivision may be issued
building permits prior to utility and street construction. All such lots must be readily accessible for
inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an
existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of
Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion
of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water
connection permits may be issued and no permanent certificates of occupancy may be issued until the
streets needed for access have been paved with a bituminous surface and the Developer Improvements
including utilities are accepted by the City Engineer.
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G. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by resolution of the City Council. The City r s failure to promptly take legal action
to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land. The Developer, at his/her sole expense,
shall record this Contract against the title to the property within ten (10) days of the City Council's
approval of the Contract. The Developer shall provide the City with a recorded copy of the Contract.
The Developer covenants with the City, its successors and assigns, that the Developer is ~ell seized in
fee title of the property being fmal platted and/or has obtained consents to this Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being fInal platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
1. Developer, at its sole cost and expense, shall take out and maintain or cause to be
taken out and maintained, until the expiration of the warranty period(s) on the Developer Improvements,
public liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of Developer's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than
$1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not
less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more.
The City shall be named as an additional insured on the policy, and the Developer shall fIle with the
City a certificate evidencing coverage prior to the City signing the Plat. The certificate shall provide
that the City must be given thirty (30) days advance written notice of the cancellation of the insurance.
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J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available
to City, at law or in equity, or under any other agreement, and each and every right, power and remedy
;
herein set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
K. The Developer may not assign this Contract without the prior written approval of
the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire Plat, or any part of it.
39. AMENDMENTS. Developer hereby acknowledges that the City is working with the
Developer Community through a series of "Developer Workshops" to standardize its Development
Contract. If the City Council approves a standardized Development Contract, and the terms, provisions
or conditions thereof differ materially from the terms, provision or conditions herein, City agrees it will
amend this Development Contract, if requested by the Developer, to be consistent with the provisions
and the approved standardized Development Contract referenced herein. If a standardized Development
Contract provides for fees that differ from those set forth in this Development Contract, the fees in this
Development Contract will be amended to be consistent with the fees established in a standardized
contract. Not withstanding the foregoing, no amendment to this Development Contract shall be made
unless both parties agree in writing to the amendment.
40. NOTICES. Required Notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address: Prior Lake Oaks, LLC., 680 NW 24th Street, P.O. Box 246, Faribault,
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- .j;~
...
Minnesota, 55021. Notices to the City shall be in writing and shall be either hand delivered to the City
Manager, or mailed to the City by certified mail in care of the City Manager at the following address:
City of Prior Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. Concurrent with
providing Notice to the City, Notice(s) shall be served upon the City Attorney Suesan Lea Pace, Esq. at
Halleland Lewis Nilan Sipkins & Johnson, Pillsbury Center South, 220 South Sixth Street, Suite 600,
Minneapolis, Minnesota, 55402-4501.
41. INTERPRETATION. This Development Contract 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 Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Contract are inserted for
converuence of reference only and shall be disregarded in constructing or interpreting any of its
provIsIons.
42. JURISDICTION. This Contract shall be governed by the laws of the State of
Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Wesley M. Mader, Mayor
By:
Frank Boyles, City Manager
Reviewed for Form and Execution:
By:
Suesan Lea Pace
City Attorney
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DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of , 19 ,
by Wesley M. Mader, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
19_, by
day of
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
..
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22
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract,
affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may
apply to that portion of the subject property owned by them.
Dated this _ day of
,19_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
19_, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which. is governed by the foregoing Development ~ontract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this day of
,19_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19 by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser I s interest in all or part of the subject property, the development of which is governed
by the foregoing Development Contract, hereby affmns and consents to the provisions thereof and
agrees to be bound by the provisions as the same may apply to that portion of the subject property in
which there is a contract purchaser's interest.
Dated this day of
,19_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19 by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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FOR P::VIEW
KNOW All PERSONS BY ntESE PRESElITS: TIw Prior Uk. Oaks. LLC. . Mm.=a
limited Ubiliry W'npaoy. OlWd' of the foUOwWl described property siWlIlod in 1M Counry of Scott.
SLate olMioocsota. to wi~
1l:aI put of Qo\lUlllnCl11 Lol: 2, Scctioa. 10. Township tH. IW1jC 21. Scod Couoty, MinouoQ
dac:nbc:d cs rouow.:
CommcDciq at lbc;: DORlIc.asI COInct 01 u.id Go~ Loc 2; thcot;c DO &Q WlmCd
bc:ariac O(W~ a101l11bc non.b line o(Wd Gowmmco( l..ol: 2,. wslanco olt.-a.ol ra:a to
Ibc IQLlI1 poiot of bqUWnl oC the Lind to be dcscnbc:d; tbcncc South 0 dclJJ'CCS 42 m..iau:rcs
1-1 ICIl:.I::lQI.iI Eat . ~ oC 151.31 rcc:c; thence soudawcstcrly . distance of &3.99 ~
aDc . tMptia.l OJIVC, ~w: to lhc: W'C$l" haviq II ccntnJ aade of J I dctJ'ceI 0]
ma..a "I M<<lnds and . ndiua of )5-4.91 &at; thcooa Soum 30 de~ 11 mUwlca 21
...,.,..u W.... _ to cbe WI de>eribo>J ....... . _ 0( 202.90 r...; IIl<acc
~ .. diSWICc DC 103.<41 feet a100a: .. La.o&eubaI CU'YC, COGCa\o'C 10 the oardawC:Sl.
hni:q ,~ anaIc of) I dq;roes II mmulCS I j s.ocoods md . radiU3 of '89.99 fee:( to II
judK:iallaodowk set ~ 10 Tom::ns Cue No. 96-13S61; lhcuce South 28 JcgRa 21
adm.Ila II seconds ~ . diSW)OC of 10.00 fccc to .. ju.:licw Iandnwk: let p.nlJaIJI: to
Tcm:us Cue No. 9Q..IlS61 bcinSlhc northerly line ofa20.00 foot dtivew1Y u sOOwa on
Ibc pUot ol-CONROY"$ DAY., ac.c.ordin,; to Ihc I'COCIrdc:d plat dlelwi. ~ nk Of ofl-coocd in
the odicc of the Cooaty Rcoconk:t. $coil County. Mim~ Ibe1lCe South 61 &~ ]2
cnimJIec <12 &CCOads Wca. aloaS said DClftbCIly.lioc... disblOOl:: oi 139.72 fm to ajudidal
laodmatt set punuanllO T ClO'CO..S c.u.: No. 90-13561; thcocc South <C I dcBJ1lCl 11 oUouw
21 SCCODd& Wca. aJOOIWd DOC'thcriy line,. ~ or IJ.C.W fcec 10.. judkUJ bmdmark
Id punu&IU to TCQm& Cue No. 9Q.13S61; tbmcc South 17 dt;eRcs 49 mimnts 56 JCCODds
Wca, dooc &aid. DOrtbcdy Una. a distaooc of276.SoC roct to a judicia! landm.d: ut putaamt
toTOO'COSCue~o. 9()...1l~6l;1henoeNortb 11 degreca: II m::iDUl.CS4a s.ccoods WC$f"abla:
sUd JWX1baty li:oc, a diuacc of 6024 tbct to . jo.1ici&llaoduw1c sc:t p.nuam 10 TOITCUI
Cue No. 9G-llS6l; Ibcnce HOlm 69 &:grou '" wiDu&cI ~, JCCoods Wdt, akIPc $.aid
DCX'lbaty Iioc, a JUiaooo of 213.56 (cd to . judicial laodm.n: let punuaut to T OO'CD$ Uu
110. 9O-1lS61 beioccbe eutuly lioe or cbe 30.00 100< rood .. ohowu .. .w pb< or
'COI<PJ)Y'S BA Y";. Ihoo<;o 11_ 0 de_ 3a ....... <0 KCOn<h W.,., aIooc WI
casudy liDo,. a distmcc of 130." foct 10. judic;ia.lla:adaw1c set pumW1IlO Tom:as Cue
No. $l()..13S61; t:bc:ooo North 1 delP"CC$ 46 m1outea: 21 sccoods WdJ... Woe said cutcrly line.
. dUtaoc. of 386.t9'"'fcct to judicia! landmark set pun,U&&Il_to TClI'RnS Ca.sa No. 9().1JS61;
IhcDoo CClIIGuuina Non.b 1~.10 (cd to the oonb Iioc of GOVCll1I11eIU 1..0( 2; lhax:c 00 .
bc.riBa olEul. alooa Wd Do.)I'Ih !.inc, .I ..1i~ of I059.l6 Ct:d. to the puWt ufbc:~
EXCEPT that part of G~ Lut 2. Sc:cUOQ 30, Township liS, Ra.nge 21, Scou CotmIY.
MiAoc:3Ou dcscnbc.d as follows:
Commmcial at the northwest cornc:r of saKi Scaion 30~ tbcoc.c on a.o. assumed bearin& of
Ed abta dw: QO(lb 1ioco(saNf Scctioo 30 .I dUtaoc:c 0(1111.'" fed; Ihcn.;c 00 .I bcarios of
So..h . Wtmoc of 440.30 (cc:c to tbc poiul of begiminc of lbc land to be daai~ m.coc.
Soud1 Il degn= 31 ........ <9 soo;oods Ea>t a ........ or 33.00 feet; oha.<e SoudI H
........21........ II ~ W... a _ of 41.00 fect; cbeooe lion!. Ij....... Jl
....... 49 _ W... a dUw.:c 0()3.00 fect; d...... lI",th 74 degr= 21 """""" II
~ Eut . dimooc of -41.00 feet 10 tbc pow ofbeginnin,..
Said judicUJ laodmarks CCll1Si$l of casl iron IDOOUR1cUlI 20 inchc:J in lcagth havinC . cin:uf.r top ..
iDcbcs ill diame:&c:r with raiKd kac:n cast ~ rcadinl JUDIClAL lAND...tAJlX. and ha..'C .
cimdor hue 6 mches io........ """ finnly plaeod;" Ihc pound.
~
AND tb.I put DC Oownmcnt loI: 2, Section 30, Towaship I U. R.d.1lP 21, SaJtt County,
M.iaDc.oq dcsaibed u CoUowt;
Coamcocing at lhc o..nbwcst wmcr of s.aid Seclion 30; thence un ao auumcd baring of
Ed aJaq chc IKWth line 0( Joaid SoaIoo. 30 . ..1istaocc o( 1171.-47 (ed; thax.c 00 a barin& o(
Soud. . distaacc of <<0.30 fi:ct to the point of tqianina of lhc land to be dcscnbed; Ibcn::e
Souda Il degn= 31 ........ '9 """""" """ . ~ of 33.00 fect; lh<nce Soulb 74
........?J......... II ~ W.... _or41.00 roct; lhenox NO<tb 1j dqr<a 32
....aa 49 accoods W= . dis.tancc 0/ 33.00 fcd; lhcocc Nonh 7-4 dcgrcc;s 21 tnUalllCl 11
~ East . disumcc of 41.00 (cellO the palm o{~
WILD OAKS
PRELIMINARY
Has cau:sc.J the same 10 be awwycd and pl.;&Qcd u wn.n OAKS and does hc:n;by dcdic.a1c to the
public, fu pubOc: ac (0fC'tG' tho $ttccc, road and Lcmco aOO Wo JcdicalC the easc:mcoa u ahown
.. W. pi.. Cor <hO_ ODd .dity Jl'UPOSCS ooly.
la witDc:ss ~ said Prior l...ake Oah,lLC, . Minocsota limited liability CXNlJpaoy. hAs caused
thuc ~ 50 be "ipod by iu
...._doyo( 1999.
Sipcd: PriOllakc Oaks, ll.C
;IS
DRAFT GOPY
CITY COUNCIl.., CJTY OF PRJOR UKE
We do ba1:byc:cnift lha1 on tho _day of 1999, the City Council ofPricr
W:e. Miooc.uu. W"..d W. pilL If applic.blc, Ib, wril1<ll """"""'" ood _ of
Ihc ComnWiooer oCTnnsportatioo ODd 1ho C"""y m.....y Eo&in= be... be", ~ by cbe
Cay ... cbe p-<oen1>ed 30 doy "",<Xl Iw ,lapood witboul r=ip< 01 _ """"""IS IDd
rcc.ommcadatiOOl, as provided by ~tl SWUl~ Section 50S.03. Subdiv1sioa 2.
City C1Cfk
:ITA TE OF MlIIlIES<ITA
COUNTY OF
Tho lbn::soina instntmcnl waa acknowlcd~ befon me dO" _ day of ,
1999, by its of Prior- Lake Oaks,
LLC, a Minnc:soa limited ti.a.bility company, oa bebaJ{oflhc company.
Notary Public.
Cowuy. MiN=oca
My CommissiOll Expirca: JmWLl)' 31, 2000
J hcn:;by octtify that I ba\'C Sl&l1o'C)'Cd sad platted the property described OQ wa; pial U wn..o
OAKS~ that I:bU pia iJ . c;o('RICt 1'"Cpf'CSCDtIIUon of tbd SUI"JC)'; that aU di5tanccs IR corrcctly WOWD
au lb. pl.III ia fee( and buodrc:dlhs of a' loot; lbat all monwnc:nb wiD ba COf'Rcdy placed in tho
19\.M.wt ... dcaiput.od; lIw tbe \)UU.idc: boundary lines U'G COt'nctfy dc:sipalcd on dK: plar, .Iud t.hat
then vc DO 'M:( lands U dc.6ucd in MinncSObI Statuu:a ~05"02, SubdiWion I, or public highWlYs
to be dooignao.o.l 00 Wd .... od>e.- thao .. .bowo. .
H=1d C. P_ L.lDd S..-vqor, Li=se 110. 12294
STATE OF Ml}ll;ESOT A
COUlITY OF
The (cngom, S~Of"s Ccrtifical:c wu acknowledScd before me this _ day of
1999. by Harold C. Petenoo, Miooaota Lieensc 110. 11294.
Notary Public,
Coutlty, MinAcsou
My COmmis.1ion Expires: January 31, 2000
Mo)'Ol
SCOIT COUNTY TRUSURtR AIffi AUDITOR
I hereby c.c:rtify thai the cumn~ and delinquent I1I).cs on the bndi dcscribcd within life paid a.od the
trouWc:t'iaClllClCdthis_daycf 1999.
MkhaCl NJU)"tQ. Tn;uw-ct
James Bcrc. Auditor
By:
Deputy
SCOIT COUNTY SURVEYOR
Pt:nuam; to Cbptcr 7, Minncsotllaws of 1916,lhis plat has been approved this _ day of
1999.
SwlI County Surveyor
SCOTT COUf'fn' REGISTRAR OP TITLES
I hereby certify uw tIW Uwrunlcnt wu fikd in the office o( the Rcgistrar of Titlc.s (or record 00
this _ day o( 1999, 11 _ o'clock _" M., and duly R'COf"dcd. u
DoeumeoIllo.
Soon Counry Rcgisttv of Titles
SCOTT COIJNIY RECORDER
I bc:rcby catify thal this plat wu filed ita thia office this _ day of
o'clock M. llS Docwnau: No.
1999. ..
Soo<t Cwnty Roo:onlet
PRINTED
:>:1" 2 1999
jAMES R. HILL INC.
JAMES R. HILL INC.
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I 2. (jJ ,J. ~ ;3;~~~.J !:' .... ,/ ....-:....v.....o ...t:)~~'./' ~\~. ~ - - 1
I ./'f.1 'S".:~l,','...;'..;:..-,.:,r;;..:.:,-~-. J",\., , : '(., .......dif""r.I!-...... G~'" ~ ~ t.oS(~'rtft"'*-'CllIJ'OW.T. I
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1 2-----2-1 ~=:.,~~~m:.::~s. . , "<,~ 16 8 z :.~""""~r. ~~....... I
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I I I LOT 22 ~.,:. //,.~,~/ "I I /,: _,'-j ~ - - - _ I
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I \t-'..,- f?--- ff ---;'.- ,". ~// i-!' \l'.~ ,':1/' '..J ./
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I I I I I ;"~-n:io~~ ?:-- ~ ----t-t~Z1 -:.. a.E_. -:.:'.:.' ~':;---2~~.:-- ...... ~ .... .. \' ~%-t.~"./ / /
I I I " .~'!:....:!'--------l---------s T R-f E T / /p,/"d /
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J ";-:~N8nj of.8.:; ...... Sl!7....P.M ~ _ _ - - ~ "'l t.l5(WOlJ,QR ~JtIUC It(lAOS
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PRINTED
'Z 1999
JAMES E. HILL INC.
o .50 100 ,~
~ I
5COI.(" ntI
8(.&,RIHCS Ut( l1J.S[D Cf( M NCATH UN!: ry
~OfT LDT 2. SECl'OI JO. ..oi IS
ASSl..a<<D 10 HA \t:. J.. 8tARI'fC CF 'l€ST.
HOTt: NO UQoU.tOCT $"l'W8o. ~ AT MY STA1\I1t R(CU1R[D lOCA.T'ICti ItOCATt! A PlAf
WCtMol€NT lMAf WIl. S( S(1 .'MH Of€ 'l'tM fIOI THE R(C(R)lNC OATt (y lHS P\Af.
SAG WCN.IUOfTS SH.AU. BE 1/2 tot .. 14 NCH 1t04 PW"(.$ WARIClD BY RJ..$. HO. 122"'.
-.JAMES R. HILL INC.
. ()(.NOTES 1/2 lHot JQ( PIP'E fOJND, UNlESS OTlfUtMS[ IHOICATED.
G> DOlorrs ..lJDlO.ll.. l,HIOt.lNlI(. A CAST IRCH uCtN\IO(l, SET P(R TatRD'S CAS( NO. ~1~1
EXIllBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of
Irrevocable Letter of Credit in the amount of $
sight on the undersigned bank.
(Name of Developerl and in your favor, our
, available to you by your draft drawn on
The draft must:
a) Bear the clause, II Drawn under Letter of Credit No.
19 , of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
November 30, 19_
(Address of Bank)
, on or before 4:00 p.m. on
This Letter of Credit shall automatically renew for successive one-year terms unless, at least
forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each
year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the
terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage
prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal
date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek
Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified, or limited by reference to any document, instrument, or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one
draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs
and Practice for Documentary Credits, International Chamber of Commerc:e Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall
be duly honored upon presentation.
BY:
Its
1: \99files\99subdi v\99final\ wildoaks\dvcntrct. doc 28
11/09/99
. ---,---. -~ -
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due "to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBilE LIABILITY:
Policy No.
Expiration Date:
Effective Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$500,000 each person
$1,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy:
$1,000,000 each occurrence
ARE ANY DEDUCTIBlES APPLICABLE TO BODilY INJURY OR PROPERTY DAMAGE ON ANY OF
THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY Will MAil THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1: \99fi1es\99subdiv\99final\ wildoaks \dventret. doe 30
11/09/99
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Improvements)
A. OVERSIZING
There are no oversizing costs associated with this project.
1:\99files\99subdiv\99final\wildoaks\dvcntrct.doc 31
11/09/99
: HILLCREST HOMES INC.
~.~t.l~ lc!llPM
...
i
ITEM #
J
~ ~021
~ 2024
\3 ---1114
->t- 2512
~\....~ 2e14
~ ,jJ515
~'\ 2102
t:) a105
2105.1
2140
2103
2211
l-: 3118
~ 3118..1
~ 3118.2
tr 2341
4601
2520
~~=
~~~~
~ "tQ"W
~ 4S5t:'l
52
~ s:
~ 62!1
<t 5251.2
~ 5251.3
;;> 5201
S~01. 1
40
~ 3612
~ 3e18
':0 3670
~ 3670.2
3~
~ 3~1
Q 3862
~ 3870.1
3880
NOV. 4.1999 8:52AM
PHONE NO. : 612 898 3364
NO. S83 P.2/2
P 8
B H ~SELTON EXHIBIT E
HES~L TON CONSTRUCTION, LLC
Bid Proposal
PRIOR LAKE OAKS
O,E$CRIPT10N
MOSIL.lZA T40N
TESTING
CLEAR & GRUB
SILT F=ENCF
SAL.E CHEr,;K
SEDIMeNT TRAP
$TRlP TOPSOil
ex ON SITE
ex OFF SITE
SUBGRAOii: PREP.
RESPREAD TOPSOIL
CL.-5 AGGR. BASE
Ba.1aC&~
VAJ,.LEY Gl,.11i"ER
MOUNTASJ,.E C & G
BITUM1NO\JS WEARlBASE
CONN. TO ex SAN. SEWER
RETAININ~ WALL 0-4'
8" SAN. savER
6" SAN. S~ER
4" SAN. S~~R SERVICE
-..... .. ,..--"""'"
O^"VYT~
SANITARY MH
PROP MH
e" WATERMA1N
6" HYDRANT
e" GATE VA1..VE & BOX
1" COPPE~ SERVICE I
1" CORP.
1" CURB STOP & BOX
CONN. TO EX. WATERMAIN
CONN. TO EX. e- WETT AP
FJTT1NGS
12" STORM SEWER
18" STORM seeWER
12" APRON WrrG
18- APRON WrrG
STORM S~WER MH
STORM SEWER CBMH
STORM ce
TIMBER S/<IMMER
RIP R,AP
TOTAL
('l2..CS IffioJ LC) jJ~dL', $ 5\ ~ DO. 0 0
<;:.UR G. e.l": $11 3. 9 1 D . 00
5A\.l\jA<Z"'l 50.0~: ";\;L\~\ \L \.50
\JJ A ftilL M A 1,'J: '$ l.\ 3\ ~c L. .'2D
"':rrt:> rt-r--\ sau€Q.', ~;Z ~ \ ~ ,,(0.00
I
"'-:O"f"':I, L ~ -t~ 1bb2~.~ Q
Ii 1 A . ~. I
QUANITY W4. UNIT PRIce AMOUNT
1 LS 8.500.00 $a,5OO.00
1 LS 2..400.00 2.400.00
1 lS 11.914.00 11.974.00
2150 LF 2.DO 4.300.00
e EA 2D.00 1 CO.OO
2 EA SOO.OO 1,000.00
1000 CY 3.50 ~,saD.OO
5000 Cy 3.fiO 17.500.00
45000 Cy 4.60 202,500.00 .
2800 Sy o.ea 2,520.00
2360 CY 7.00 '18.,450.00
12~ TON 9.50 11,87S.DO
1800 LF 8.50 12, 750.00
9S LF 15.00 1.425.00
100 LF 8.50 MO.ao
1 LS 24,500.00 24,500.00
1 E:A 1.600.00 1,800.00
2600 SF 15.00 42.000.00
770 IF 24.00 18,480.0()
166 LF 15.50 2,557,50
876 LF 11.00 7.425.00
..... "".. ..... ~ "'" ....AAC""
GI s;;.to\ . ,'U,vv ~,.. .--
5 EA 2,110.00 10,880.00
10 LF 140.00 1.400.00
1020 LF 18.50 18.870.DO
~ EA 1.800.00 4.800.00
4 EA 600.00 2,,4QO.DD
676 LF 11.50 7.782.50
21 EA 90.00 1.890.00
21 EA 130.DO 2.130.00
1 EA 680.00 550.00
1 EA 2..000.00 2,000.00
1 LS 2.500.00 ~SOO.DO
380 LF 23.00 B,74O.00
137 LF 28.00 3,830.00
2 EA 666.00 1,~30.00
1 EA 810.00 810.00
2 EA 1. , 8t:i.DO 2,370.00
1 gA 2.170.00 2,170.00
1 EA 950.00 $50.00
1 EA 1.660.00 1,S50.00
14 Cy 55.00 770.00
475,000.00
nu~ C:;:' :1:1 U-': ooa
_..J'
Rand~ ~XHIBIT E
612-502-SS56
p.2
..
Irrigation DDemr
601'.Rice CR:e1l: T~ 'NE.
Fridley, MinnesQ:a 55432.
(612) 57]-86'12 f (612) 5(}2.,99S6 ..
DATi:
Estimate
t-=Noj
l=m
NPMe./ ADORESS
Hillcn:st. .Homcs-1nc.
Cbris~
14122 LouiUua A1A:l._
Savase. MN '3373 .,
P.O. NO. .TERMS .PROJec:r . .#--DAYS OFFER VALlO
A.s~ Wild Odts 30
.DESCRlPTlCN .QTY RATE TOTAL
. ~ SY8bm r-t..1tlltion..Bid .Pric:e.{par plan spcd:Ih;;.rtiOD:l) 29.m.OO 29,79S.00
Estimated C4ntroUen 1 0.00 0.00
P.m--ted.ElClCQ:K; .Va1~ 20 .. 0.00 0.00
Irriaaticn Housins (Ste:J. p~-furest gr:ecn) . 1 0;00 0.00
1)pe gfBaddIaw:Deme R:PZ 1 0;00 0.00
Em-mMed Tm:f'Rot.on Heads "190 . 0.00 0.00
Esti''''''t= Tmt'SpJay Heads 24 0,00 0.00
Boosccr Pamp -l .0,00 0.00
Water IIOUR:c Rub out with.blowout rcquiJ:ed:per.our specffi~ .0.00 0.00
12':f3'" above sround.1'IDmbiiig by otliaB. Watermetl::' by odiea.
.E1ed:r.1c:al. plug m "lIIlilf1in s.fNt at CoCD:Itnill_ prcr4'idi:d"by othi:n.
All'&dnp. Sleevjpg Labor. ~ n~'''''J'' provided by 0Cl1e0.
We-lcolt..furwant to worldug widl,youl TOTAL
.. $29.795.00
Any a11eaQoo 01' d.oviation.from the "bow spccifiQtions iImlhing em. coat, wUJ be executed anly upon. Writtco orders, and will become IlDd
extta ~ Ova' and'IDove the.estiinate.. A1l.~ CODtixtgc:at ~0Il stJiUs. a~ or cld.aYII ~. ~ cantrol. (a) .ANY PERSoN
OR COMPANY SUPPLYING LABoR OR MA'lERIAL's FOR TI:HS IMPROVEMENT To YOUR PROPERTY MAY FlI.E A LIEN AGAINST
YOtJR"PROPEltrY IF''IliATPERSON OR COMPANY IS NOT PAID-FOR, IBE CON'I:RIBunONS. (b) ~ MINNEsoTA LAW. YOU
HA VB THE RIGETTO PAY PERSONS WEO SUP.PL1ED LABOR OR MA'IER1ALs FOR. nrr.s IMPROVEMENT DlRECII. Y AND
DElmt:'rnns AMOl.JN'n:R.oM OUR CONIRA.crPRR::B~ OR WlT.HHOLD 'I"13E'AMOUNrs DUE 'IEEM"F.R.OM US UNlILL 120 DAYS
AFIER. COMPLETION OF THE IMPROVEMENT UNLEss WE GiVE YOU A LIEN WAIVER. SIGNED BY PERsoNS WHo SUPPLIED
ANY"!.ABOR: OR'MA:!ERLtLs FOR''mE IMPROVEMmIT'ANl)'WHO GAVE ~OUTIMEL YNOTICE.
ACCEP'rANCE OF PRoPOSAL: The above prices, SPecmcatiOIlll and 00l1dili0ns are satisfactoty and are hereby KCqJted.
SIGNATURE-
'--. '--. '--.-. -. -
qV'~~/~~~~ ~{;C~ b~~q/~o328
DESIGN lANDSCAPING
EXHIBIT E
PAGE 81
DESIGN LANDSCAPING
6399 COUNTY ROAD 19
CORCORAN, 1\1N 55357
(612)479-2645 FAX(612)479..6328
,.
HILLCREST HOMES
16091 NORmwOOD ROm
PRIOR LAKE, MN 5'372
A'M'ENTION: emus DSANOVIC
CHRIS-
PLESE FiND FOLLOWINO THE QUOTES FOR YOUR Wll..D OAKS
DEVELOPMENT: ACCORDINO TO YOUR PLAr YOU WILL 'NEED THE FOllOWING;
A2 - $2241.70 xl=: $2,241.70 - IJ'N l-1- S Y ..;.. 5
A3 - $3425.06 x 2 - $6,850.12 \J l\) \. -\ s
" .
B2 - W22.44 x 5 ,. $11.612.20 \J N.t t-..>
B3 - $3109.22 x 1 JIll $3,109.22 VN t+-...s
. t '2. -t .3 (,i I ... ~
9~(O, ttfl1., 1'3, I/.;,
\itj~l~
I~.;I'; ZO+2t
TREES -:- $30,220.65
TOTAL~G - $54,03:'3.89
IF YOU HA VB ANY QUESTIONS FEEL FREE TO CALL THE OFFICE AT
(612)479-2645
68/14/1999 17:e8
6124796328
DESIGN LANDSCAPING
EXHIBIT E
PAGE 82
DESIGN LANDSCAPING, INC.
6399 COUNTY ROAD 19
CORCORAN, MN 55357
PHONE: (612) 479-2645
FAX: (612) 479-6328
Quoted to:
HILLCREST HOMES
16091 NORTHWOOD ROAD
PRIOR LAKE, MN 55372
Quotation
Quote Number:
770
Quote Date:
Aug 25, 1999
Page:
1
Ship to:
JOBSITE: ONIT A2 WILD OARS
WILD OAKS
PRIOR LAKE, MN
Good Thru I
... . w. i'_U
I
898-7663
VI-.n ts .~ oJ 5
Payment Terms
Customer ID
i-'-'-
;HILLCREST-A2WILDOAKS
i
Quantity 1 -~
5.00
3.00
1.00
10.00
1. 00
3.00
3.00
1.00
6.00
1.00
3.00
1. 00
1.00
205.00
6.00
1. 00
Item
-........_-
/. A.sTILBE. - #1
BARSERRY., #2
DOGWOOD i7'
'HEMEROCALLIS -#1
'HYDRANGEA 412
JUNIPER #5
JUNIPER- #5
.MA.PLE, 17
I MONARDA, f 1
RHODODEN. # 5
SEDUM. #1
SPIREA i5
VIBURNUM * 7
EDGING
RIVER
BOBCAT
I
._.. I..
i
i 1
'--1-SUbtO'tSlI1
Sales Tax
Total
9124/99
Net Due
-. .
~ DeScrfption
VERONICA KLOSE
ROSE GLOW
IVOR~ nALO SHRUB
STELLA DE ORO DAY LILY
ALL SUMMER BEAUTY SHRUB
ANDORRA COMPACT EVERGREENS
BLUE CHIP
COMPACT AMUR
PETITE DELIGHT
PJ'M COMPACT
FROSTY MORN PE~E~NIAL
ALPINE
ALrnEPO COMPACT AMERI CAN
EDGING, FEET LN. FT.
RIVER ROCK-POLY-PREP
HOUR a06CAT TIME
DEVELOPEMENT DISCOUNT
. --.t Sales Rap _.. I
BOB/JADA I
----.--
. UnitPrica . "l ExtensIon !
_./--- 10. oo-i.. . ~o .-~o .
37.40 112.20
66.00 66.00/
10.00 100.00
31.20 31.20:
41.15 123.45
41.15 123.45
60.50 60.50
10.00 60.00
59.40 59.40:
10.00 30.00'
38.35 38.35
52.80. 52.80
2.00 410.00.
119.70 957.601
60.00 60.00
-93.25
I
i
,
2,241.701
2,241.70
U~/LqIL~~~ l/:~~
6124796328
DESIGN LANDSCAPING, INC.
6399 COUNTY ROAD 19
CORCORAN, MN 55357
PHONE: (612) 479-2645
FAX~ (612) 479-6328
Quotad to:
HILLCREST HOMES
16091 NORTHWOOD ROAD
PRIOR LAKE, MN 55372
3.00
3.00
1. 00
8.00
6.00
3.00
3.00
1.00
5.00
1. 00
9.00
1. 00
7.00
2.00
13.00
288.00
1. 00
ARBORVITAE #7
BAREERRY., "# 2
DOGWOOD it7 I
HEMEROCAI..LIS' #1
HYDRANGEA :il:2
JUNIPER- #5
MAPLE, *7
MONARDA, t 1
RBODODEN. # 5
ISEDOM. *1
SPIREA :/105
SPIP~. . i5
VIEORNtJ~ #7
RIVER
I EDGnjG
I BOBCAT
EXHIBDitGN~NDSCAPING
PAGE 83
Quotation
Quote Number.
771
Quote Date:
Aug 25, 1999
Page:
1
ShIp to:
JOBSITE: ON!T A3 WILD OAKS
WILD OAKS
PRIOR LAKE, MN
898-7663
, CU8tcmer I~~. == "I Good Thru
(HILLCREST-A3WILOOA!(~ oj. _9/24/99
I Quantity Item
Payment Terms
L_
Net Due
Description
HOLMSTRUP
ROSE GLOW
IVORY HALO SHRUE
H~ROCALLIS NAOMI RUTH #1
PA.~OON ME DAY LILY
ALL SUMMER BEAUTY SHRUB
SLOE CHIP
COMPACT AMUR
PETITE DELIGHT
PJM COMPACT
FROSTY MORN PERENNIAL
ALPINE
ANTHONY WATEREi:\
ALFREDO COMPACT AMERICAN
RIVEn ROCK-POLY-PREP
EDGING, FEET LN. FT.
HOOR BOBCAT TIME
DEVELOPEMENT DISCOUNT
.._J
r Sales R_"? ~~~' :-J
i B~.~.,__ I
:~-+ Unit Price -I' "'EXtenslon'-
57.40 172.20'
37.40 112.20
66.00 66.00
10.00 ao.OO
10.00 60.00,
31.20 93.60
41.15 123.45
60.50 60.50
10.00 50.0Q,
59.40 59.40'
10.00 90.00
38.35 38.35
38.35; 268.45
52.80 105,60
119.70 1,556.10'
2.00 576.00
60.00 60.00
-146.79
I
I
I
Salss Tax I
I
Totalj 3,425.06
I
08/14/1999 17:04
6124796328
EXHISfI ~APING
PAGE 84
Quotation
DESIGN LANDSCAPING, INC.
6399 COUNTY ROAD 19
CORCORAN, MN 55357
PHONE: (612) 479-2645
FAX: (6J.2) 479-6328
Quoted to:
HILLCREST HOMES
16091 NORTHWOOD ROAD
PRIOR LAKE, MN 55372
Ship to:
JOBS1TE: UNIT 82 WILD OAKS
W!LO OAKS
PRIOR LAKE, MN
Quote Number:
772
Quote Date:
Aug 25, 1999
Page:
1
898-7663
~=:~~~.--9~:;7~:l-'- p~::n::~~~~J=:~~~~
~ Quantity Item Description Unit Pnca extension --'!
I
..---1 ----'''-.' .. 'f-'" --, 00-
: Subtotal 2,322.44'
. Sales Tax '
Total 2,322.44 i
.. '''''' I . '
~~/~q/~~~~ lJ:eS
6124796328
DESIGN l.ANDSCAPING
EXHIBIT E
DESIGN LANDSCAPING, INC.
6399 COUNTY ROAD 19
CORCORAN, MN 55357
PHONE: (612) 479-2645
FAX; (612) 479-6328
Quoted to:
HILLCREST HOMES
16091 NORTHWOOD ROAD
PRIOR LAKE, MN 55372
Customer ID GOOd Thru Pa
[ HILLCREST-B3W!LDOAK~' .-. .
9/24/99
.- .
I -. . --
Quantity Item Deser!
.. -
3.00 ARBORVITAE #7 liOLMSTRUP
3.00 ASTILBE.- tl VERO~ICA KLOSE
I 6.00 EJillBEImY. / ~2 ROSE GLOW
1.00 DOGWOOD #7' IVORY HALO SHRU
I 2.00 HEMEROCALLI S N.\
I 2.00 'HEME.ROCALLIS -#1 STELLA DE ORO D
3.00 JUNIPER #5 ANDORRA COMPACT
3.00 JUNIPER- #5 BLUE CHIP
2.00 M.~PtE, i7 'COMPACT AMUR
3.00 MONARDA, t 1 PETITE DEtIGHT
2.00 RHODOOEN. #= 5 PJM COMPACT
3.00 SEDUM. #1 FROSTY MORN PE
1. 00 SPIREA #5 ALPINE
1. 00 I SPIREA SNOWMOUN
1. 00 VIBURNUM 17 AI..rnEDO COMPACT
11. 00 RIVER IRIVaR ROCK-POLY
325.00 EDGING ElDGING, FEET LN.
1.00 eOEC.2\T HOUR BOBCAT TIM
I DEVELOPEMENT Dr
L_
3,109.22
Ship to:
JOESITE: ONIT B3 WILD OAKs
WILD OAKS
PRIOR LAKE, MN
898-7663
yment Terms
Net Due
ptlon
S
OMI RUTH
AY LILY
EVERGREENS
RENNIAL
o is
AMERICAN
-PREP
FT.
E
BeOUNT
r
I
I . Unit Price I
I 57,401
10.00/
I 3'/.4U
66.00/
I 1.0.00
10.001
I 41.1.5
41.151
60.50
I 10.00,
. 59.40
I 10.00 I
36.351
/ 38.35
52.80
I 119.70
2.00
60.00
I
BOB
Subtotal
Sales Tax
L___
T otaJ
Sales Rap
PAGE 85
Quotation
Quote Number:
773
Quote Date:
Aug 25, 1999
Page:
1
Extension
.~
I
--.---,
172.20
30.00
224.40
66.00
20.00
20.00
123.45
123.45
121.00/
30.00
118.80/
30.00
38.35
38.35
52.80
1,316.70
650.00
60.00
-126.28
I
3, 109.22 I
-. '" ___. I
OO/~4/!~~~ l/:~~
bl:l4796328
EX H I ~ ~M)SCAPING
PAGE 86
~..,...~
.. ~
DESIGN LANDSCAPING, INC.
6399 COUNTY ROAD 19
CORCORAN, MN 55357
Quotation
PHONE: (612) 479-2645
FAX: (612) 479-6328
Quoted to:
}ULLCR!ST HOMES
16091 NORTHWOOD ROAD
PRIOR LAKE, MN 55372
Ship to:
WILD OAKs DEVELOPMENT
PRIOR.tAKE
Quote Number.
714
Quota Date:
Jul 30, 1999
Page:
1
898-7663
I' Custo.rn.r 101 Go"oo Thru I --p;;y;;,tT.W;~ I'-Sales R~P-I
aI=EST-WI!,~ OAl\;-1!i29/9;-r-' Net DU:" t-. -----.----i
-. - --.---1
I~uamllyl ':~terii 'L~: Descnptlon~_ -J'UnfiPrlce L.Exte~slon~
I I THE FOLLOWING PRICES ARE I I !
I FOR EITHER THE FALL OF 1999 I I
OR THE SPRING OF 2000 I
/. lNSTALLATION EXCEPT FOR THE I I )
I PIN OAR AND AUSTRIAN PINE I I
I PRICES. THE OAK AND I
1/ 1~~~;R~~c;:I~~Y~D F:~ I I J
I NEED '1'0 BE REQOOTED IF I I I
/. I SPRING DELIVER! , I
SOME LEAD TIME WILL BE I
I INEEDED AS MOST WILL HAVE. I
TO BE DUG. I
22.00 I SPRUCE 6' BB I BLACK HILLS I 229.251
13.00 AUSTRIAN PINES 8' 348.25
5.00 . MARS1tALL ASH 2.5" I 302.30
6.00 MAPI,ES SUGAR MAJESTY 2.5" . 377.85
12.00 PIN OAKS (LIMITED i 740. 40
AVAILABILITY ON 3.5") 4"
,PRICE WOULD BE $899.75 i
'AMUR MAPLE 1.75"
CRAB REO SPLENDOR 1.75" :
16.00
22.00
239.35,
188.95;
5,043.50
4,527.25
1,511.50
2,267.10
8,884.80,
,
I
3,829.60
4,156.90
....-.- .., "'0\" 0_. .........
... - -- ..- --- ....-.....--. ..-----
Subtotal j 30,220. 65
Sales Tax !
TotalL 30,220.65:
- ----.--.....--..
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
RESIDENTIAL STREET LIGHTING POLICY
BACKGROUND
The City intends that this street lighting policy promote the safe travel of city streets in a manner both fair and affordable to the City
and its residents. Residential street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street
lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by
resident petition. The capital costs of residential street lighting shall be the responsibility of those residents, or any portion of those
residents, determined to be affected by the light.
NEW SUBDIVISIONS:
All lighting plans require approval by the City and the utility responsible for street light operation and maintenance. In new
subdivisions street lights shall be placed at intersections, every 300 feet between intersections where intersections are more than 600
feet apart, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac with the street is greater
than 300 feet. Within their developments, developers shall also install lights to City standards at the intersections of residential streets
with collector streets. The developer shall pay the full capital cost of every light to be installed; this includes poles, furores,
underground wiring, and all appurtenant work. The developer shall pay operation and maintenance for the light system until the City
accepts the project, at which time the billing shall be transferred to the City. 100 or 150 watt high pressure sodium lights in
traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions. Where a portion of
the development is already lit, new lights shall match in style and wattage those already in place.
Where a developer wishes to install more lights than warranted by City policy, the monthly operation and maintenance coStS of the
additional lights shall be borne by the residents of the development through their homeowner's association or similar organization.
Where a developer wishes to install non-standard lights, not available through the servicing power company, the City will pay
operation costs equivalent to a standard street light. Maintenance of non-standard street lightS at City cost will require a signed
agreement between the City, Developer, and power company that provides for power company maintenance of the non-standard lights
at a cost to the City equal to or less than that of a standard fixrore.
EXISTING SUBDMSIONS:
Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis
of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation,
significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends
to the City as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of the neighbors
affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the
street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City prior to circulating
their petition to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they
meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet where the distance
between intersections is greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the
cul-de-sac with the street is greater than 300 feet.
If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the installation of the light
and shall include the cost of poles, fixtures, underground wiring, and all appurtenant work. The method of payment shall be as
directed by the City Finance Department. The City shall assume operation and maintenance costs for a light from the time it is
energized by the utility.
In existing developments new lights shall match in style and wattage those already in place. If no lights be currently in place, then
100 or 150 watt high pressure sodium lights in cobra-head or traditional style shall be the standard.
I: \99files\99subdi v\99final\ wildoaks \dventrct. doc 40
11/09/99