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Home My WebLink About8C - Fountain Hills Addition " MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT SEPTEMBER 20, 1999 8C JANE KANSIER, PLANNING COORDINATOR DONALD R. RYE, PLANNING DIRECTOR ~f CONSIDER APPROVAL OF RESOLUTION 99~ u APPROVING THE FINAL PLAT AND DEVELO~NT CONTRACT FOR FOUNTAIN HILLS ADDITION History: On May 3, 1999, the City Council approved Resolution 99- 38 approving the preliminary plat for Fountain Hills. The preliminary plat consisted of 41.4 acres to be subdivided into 6 lots for commercial development. The final plat to be known as Fountain Hills Addition is the first phase of this development. It consists of 41.42 acres to be subdivided into 3 lots for commercial development (see attached graphic). This plat also includes a 23.66 acre outlot, which will be a future phase of the development, and a 0.64 acre outlot which will be used for a development sign. 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. Sanitary sewer, watermain and stormwater trunk area charges, lateral water and sewer charges, collector street fees and parkland dedication fees are outlined in the contract. Conclusion: A copy of the contract is attached to this report. A signed copy will be available at the meeting. Staffwill be available to discuss the details of this contract with the Council. 1:\99files\99subdiv\99final\ftnhills\finalcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Budvet Impact: Approval ofthis final plat will allow construction of new commercial development, 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 Fountain Hills Addition 2. Deny Resolution 99- XX. 3. Defer this item and provide staff with specific direction. A motion and second to Adopt Resolution 99-XX approving the final plat and Development Contract for Fountain Hills Addition and authorizing the Mayor and City Manager to sign the Development Contract. I: \99files\99subdiv\99final\ftnhills\finalcc.doc Page 2 ~~ RESOLUTION 9~ RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL PLAT OF "FOUNTAIN HILLS ADDITION" .A:ND'DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. MOTION BY: TK- SECOND BY: JF WHEREAS: the City Council held a hearing on and approved the preliminary plat known as Fountain Hills, subject to conditions identified by Resolution 99-38, on May 3, 1999; and WHEREAS: the City Council has found that the fmal plat of "Fountain Hills Addition" is in substantial compliance with the approved preliminary plat; and WHEREAS: The City Council has approved the fmal plat of "Fountain Hills 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. 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 fmal plat mylars. 3. Reductions of the entire fmal plat be submitted, to the following scales: 1" = 800'; 1" = 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 fmancial security, acceptable to the City Engineer prior to release of the fmal plat mylars. 6. The fmal plat and all pertinent documents must be filed with Scott County within 60 days from the date of fmal plat approval. Failure to record the documents by November 20, 1999, will render the fmal plat null and void. Passed and adopted this 20th day of September, 1999. YES NO MADER I MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER Frank Boyles, City Manager City of Prior Lake {Seal} 1:\99fi1es\99subdiv\99final\ftnhills\rs99xxcc.doc Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER '<' ' ~ :,,;=.1 :",!"",,~~.,, ',',., .. . ., .....,......"""'_.. , ..~I....'lIlIt,.~ ...._ "!IF 'r, ....!C'...~:'!.llI:~~..... !!!' !'- T~-~-:--l I I< r'::- I ~ 1;:-'" ::5 " I i.~\\ ' , r .,-'" i r-:n-n-+-------i I \<: I< I : " .::- I .::-: ! Co" : C? ! L_____-Ln___--1 SECTION 26, 1VIP. 115, RGE. 22 LOCATION MAP .. ..... GRAPHIC SCALE loa ~tolI JDO ~' FOUNTAIN HILLS ADDITION --------- _ _ __ _ _ - -- - S- - -- cc:.::r: RCAC ::0. 42 S8V"5G'54'E (14CTH STREET NE) 1341.06 JlV4CC1lOl1 ~ a. nlS" A22 ,'(JCOTTTCIM) :!! ,,; '" ::! In .1 \i -" r--- " I I I I I I I '" I _l!! -~ I -J~ ~ - ~ " i ~, . J i /$ ; \.-' " I 1 >-rL-- .. 1-' '" I -' ~ I - s I J , ~ S ~ I J & ~ ~. ~ b r< o z \.-.......~I.- \ .'.... 7 . ' i I VIET LAND . i I .-.-../ ....W't aUlD OU1l0T A ..~" (v '<" ~, ~rn:rn::l DRAINAGE AND UllUTY EASEMENTS ARE SHOWN lHUS: I I lo-4 I HInt to fMt IlII ....... and ad.... aide lot .... __ otherwIIII IrMIootell oM 10 fMt In wIltth _ od)olnhf ..,.... 1M. GIMI NGr lot IrMI __ othwwIM .,..... on the ptat. D€NOltS f"OUND IR(>>t UOHl.IM(NT. 9EARINCS ME BASED CIH 1HE YlEST UNE aF THE NClR1HEAST WARD aF THE NClR1HWEST WARltR aF SEC'nCIt 21. TOMrfSHIP 115, RANCE 22 YHCH 1$ ASSUMED 10 HA'fE A BEARIrfC OF N01'2Q'1.-w. S88"30'04"W 1333.51 i ..... :--- ...... No IIIOIUI*tt I)tI'IbaI ..... at ony atotut. - required - Ioc8tIon. 1ncIcot. o P'lIt moruntI'lt 1tIat .. be ..t and ......tftalbe"'__.....OM~ =.:aIM ~ ~tIM. ~ ~"::=:"b INI'bd b, ..... nwnbw 1112I. --. - ~--- zqz w..... ""'" .......~.....2CII (1$1) 111-1114 F'AX:AI-.... ,-- :..~... ("2) ~111O 'AX: 7'830-1813 t-.iik ~ _-ClIf .f DEVELOPMENT CONTRACT FOUNTAIN HILLS ADDITION PROJECT #99-31 AGREEMENT dated September 20, 1999, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Wensco (the "Developer"). 1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat for Fountain Hills Addition (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. 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 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 1 09/17/99 L' ~, 4..u.i.&'."~,-';...~'.....,,.,;. , .Mi. ....l.. .c:iO;il,......~,.,....,' "... ..t ,.' ii-,.., '1lI111"''':,''' , ,- '_~;...:tL:;,...!i::"..;,~j'~L.,'~" ~_, .... 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. 99-38, dated May 3, 1999, approving the Preliminary Plat for Fountain Hills. 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 Contract 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 September 8, 1999 (Prepared by Pioneer Engineering) Plan B -- Final Grading, Development, and Erosion Control Plan(s). The soil erosion plan must also be approved by the Prior Lake/Spring Lake I: \99files\99subdiv\99final\ftnhilIs\dvcntrct.doc 2 09/17/99 Watershed District. Dated September 8, 1999 (Prepared by Pioneer Engineering) Plan C -- Tree Preservation and Replacement Plans and Landscaping Plan Dated September 8, 1999 (Prepared by Pioneer Engineering) Plan D -- One set of Plans. and, Specifications for Developer Improvements Dated September 8, 1999 (Prepared by Pioneer Engineering) Plan E -- Street Lighting Plan Dated September 15, 1999 (Prepared by Minnesota Valley Electric Company) 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 and Ponding H. Underground Utilities I. 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's Public Works Design Manual and any other applicable City ordinances, all of which are incorporated herein by reference. The Developer shall 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 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 3 09/17/99 ...i_..,....,jJil~h:-.;J:;..;~;L:~;.~~, "" . ..i'. _ j';', "".' ~...l....'_., ,_." ..". ~.."...'r.'I" . .... ~...I;.L,.~':a. .......,,1 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. I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 4 09/17/99 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 final plans and specifications. The personnel performing th~ 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 comers 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. I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 5 09/17/99 ..........., ... ....d. ~,,.,.~L~~~~ ,~ .,-~_.~....:...... = 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 1, 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 6 09/17/99 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 'withthe 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 sweeping. 17. GRADING PLAN. The Plat shall be graded in accordance with the approved grading, development and erosion control plan(s), Plan "B". The plan shall conform to City of Prior LakePublic 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 comers 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 final written acceptance by the City Engineer, the improvements lying within public easements shall become City property without further notice or action. l:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 7 09/17/99 II .:' ~~~,: ":~t:;:~ . ill it .. :"~~Jii~',+;.~;1 ' .K i;.~ ',:'i~~ --, ,_ ia. ,.., ,~ 'I 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 ofor.'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, les.s 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'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. STORMWATER MANAGEMENT FEE. The Developer shall pay a storm stormwater management fee of $34,503.00 prior to the City signing the final Plat. The amount was calculated as follows: 10.85 acres at $3,180.00 per acre. 22. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A sanitary sewer and watermain trunk area charge of $34,335.00 shall be paid by the Developer for sanitary sewer and watermain trunk improvements prior to the City signing the final Plat. The amount was calculated as follows: 9.81 acres (10.85 acres less 1.04 acres previously charged) at $3500.00 per acre. 1: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 8 09/17/99 23. COllECTOR STREET FEE. This Development Contract requires the Developer to pay a collector street fee of $16,275.00 for collector street improvements prior to the City signing the final Plat. The amount was calculated as follows: 10.85 acres at $1500.00 per acre. 24. PARK AND .TRAlL"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 $53,840.67. This amount was calculated as follows: Gross area of the plat: 41.459 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 final Plat. 25. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND OPERATIONAL COSTS. Before the City signs the final Plat, the Developer shall pay to the City $200.00 for installation of traffic control signs and street signs. The Developer shall be financially responsible 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. Landscaping other than required for tree preservation purposes for each of the commercial lots shall be determined at the time of development of each lot. A letter of credit guaranteeing the landscaping shall be required at that time. If this section is to be satisfied by existing I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 9 09/17/99 Sd!~' \': trees, a tree protection security may also be required. Upon satisfactory completion of the landscaping, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. If the required landscaping is not installed the City is granted a license to enter upon a lot and. install. the landscaping using the escrowed funds deposited by the builder at the time the building permit was issued. 27. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, the Developer shall provide a financial guarantee of $3,500 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 10 09/17/99 . '- ("Security") for $396,306.00, plus a cash fee of $177,197.67 for City Development Fees. The amount of the Security was calculated as follows: 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 11 09/17/99 '. ""!l.,~ ~~'''T''''.''mI:-""..~~~. - I~ ,-,.., "'..;..,.~ .,,--.. ~ ~~"~i"""""" - 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 totheirexpiration.,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 financial 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 financial obligations that have been satisfied. Twenty-five percent (25%) of the Security shall be retained until all improvements have been completed, all financial 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 final 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 12 09/17/99 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. 1 :\99files\99subdiv\99final\ftnhills\dvcntrct.doc 13 09/17/99 ".. ~ -r.,~~" .., ~ 1f "" "'!!!fIi..".~~11 ,'~~iI!FlfHI~~l 1'" ,'iII!!i~ .'; ...... .;0, II ~ 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.theDeveloper 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 $6295.00 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 final 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 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 14 09/17/99 ~ 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 sh~l pay interest to the subcontractor on the unpaid amount at the rate of Ph 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'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, including as-built drawings, in electronic format. The electronic format shall be compatible with the City's software (AutoCAD Release 13). C. The provisions of Minn. Stat. ~462.358 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 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 15 09/17/99 ~--.+...... ~ in Minn. Stat. ~462.358, the more stringent provision, criteria, performance standard or the like shall apply. 35. RESPONSIBILITY FOR COSTS. A. Once the City "Engineer', approves the construction costs or'.estimates for 'the developer hnprovements, 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' 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 16 09/17/99 ; ,.f property within the Plat. The Developer hereby waives any and all procedural or substantive objections 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 inactions 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 final written acceptance by the City of the Developer Improvements. Warning signs and detour signs, if determined to be necessary by the City Engineer, 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct. doc 17 09/17/99 '. .... """.',llili.llliililiihi.J",,: ,;... 1..;; w'" .'~..... ......,..! Ji .~"~~",,t.... . W1A l- ... 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. 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 18 09/17/99 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'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'~ 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 well seized in fee title of the property being final 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. I. 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. I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 19 09/17/99 ~ &. .:;";;'~~"~~'-!".dlliii~~;,;;~~. ,:~ ,,,. m .. .~M..~~tt>.~~!!,.", ,.;t4lt...._~\i-..t, Ii,' '\-"",~iliiif~idhl _Ii 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: Wensco, 1895 Plaza Drive, Suite 200, Eagan, MN 55122. Notices to the City I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 20 09/17/99 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 AttorneySuesan 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 convenience 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 Reviewed for Form and Execution: By: Frank Boyles, City Manager By: Suesan Lea Pace City Attorney DEVELOPER: By: Its: 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 21 09/17/99 . ;~:rt~. .....",,, ,"y.t' ---~- , 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 Prank 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 22 09/17/99 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 I :\99files\99subdiv\99fmal\ftnhilIs\dvcntrct.doc 23 09/17/99 . ... "'"ljiU_il~"'i,. . - ~~ < ,< ".j.t: .4"'_"'~J." ,':."~.;I..~,~:fl.. !fIf" MORTGAGEE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, 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 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 24 09/17/99 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT , which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, -hereby 'affirms 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 I 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 25 09/17/99 .. .--!l!IiIiillilili",- 'I., ;.. Ii ,II> .'''' ,)"" "", J ,.,""""'!i!I .~. \' "~1i!I"'"Jil",~~-;jI,i!"F ~ .,. . 'I ,I FOUNTAIN <( t- - m _. J: >< w KNOW ALL PERSClNS BY 1HESE PRESENTS: That w.n.co. 0 wm-to corporoUon. ... 0IIMl'. of the toIowInt dIICf'hcI "..r1)' IIItucrtecI ... h County of Scott. StaU of M__to tc! wit: TN North..-t CllMwt.- of the North..n Quart. of SecUon 26 T...... 115. Ran,. 22. Scott County. WMe.ola.. liDI ClOIIMd 1M .... to be .......,.cI .. plotted _ fDUNTAIN tfU.S AOOI11ON cnl don __,. decIcot, to the pubIlc tor pubIk; uee ....... h court. dI"M. rDOCl, IItrMl one! troI oncI ... 0edIc0tM 1M ....,..,ta 01 Mown on tIW phrt for ...... and utIfty purp-. only. ~ MlNESS lllHEREOF MkI w.n1lCO, 0 ...__to CCll'pCf'atlon tHt8 ClIIUMd theM ,,-...ta to be""" by Ita ",... offIcr .,. _ doy of 11__ By. rtI $TAl[ r:T IlIJlN:SOTA COlI'" C1! 1ht fcngohg lnetrumtnt ... ~ befor'e ... thII b, ~oftheClCll'pCll'Gtia day of "_ w.n.oo. 0 WInMMto carporatlon on .. Notary Public Count,. Unn..to My ~ b1W- I hnby C*1tfy that I how M'W)lM cN ploU" the pt'Clp<<ty ........ on thII pkJt 01 FlUITAIN I<<J.S AIlOIlICN. thot thla P'ot II . oornct ,.....toUon of .... ....,. that .. ~ aN ccwncay ....... CIlI 1M pkrt In ..... oncI hunlhdh of 0 foot; thcrt CIA manurnent8 haw b..-. CiDft'KUy ,..... In the pound GI thown. or wi! be CIII'ndIy pIocM In tM vraund 01 deeIfnot.t that h DUbtcM boIIndary ...... ... carrKtiy dlletgnate on ttM plot; oncI thcrt there en no ..... 01 deftMcI In WlnneMto Stotut-. SectIon SCl5.02. SubcL t. or puWtc hIghwo)ll to be ~ Dthr than _ IIhown. ......c.""-......_ ~to ~ No. lt828 HILLS ADDITION $TAl[ OF I.INNESOTA CCUNTY C1! The fIntoIno Sdw)'Of", c.rttftcot, ... odrnowIedged betcn nw: thla _ ., of _ ,,_ br..lDhn c. ~ ~ ~ No. 1112I. ....,. .- "J'~~ Count)'. MInneeota aTY COlMaI. a1'Y OF PRIOR LAKE ThtI peat of FOUNTAIN tU.S ADOmON WOI apJIf'O'lI'M oncI ~tM by the CIty Co&.ftcI of tM CIty of Prior Lake. Mm.ota ot 0 ,..,.... rnMtint Ihenof hekII .... _ ..,. 01 "_ ....d punuont to w.s.A. :KI5.03 SuWv.2. .. ... In DDnformonoa. - - sc:on CClUNTY SUR't'El'DR ~t .to OMIpt.. 7. MInneIota Low of '176, th;. pol hell bMn CIppf'owd thII _ do, of "- Scott County 5urw)lDr SCDTT COUNlY RECCRlER IherebyMt"Ufythcrtthllplot_fhdlnthllof'flceWl clarot 't- at _ o'dock -trL Dr Document No. Scott County ........ SCOTT CCUNTY 11IEASUlUR / AUllI1llR I __y cwttry that the CiUI'N'lt oncI ....lnquent tax.. on the IorMII ~ within en poId and the traM,.. . .....1Id th. _ doyof 11_ .ram. ..... AudItor -.. UChcMII N,ur-n. 1~ ....... ""," rwrn@ rn uw [.g.n ~~ SEP 8 939 .~ .. ..... r · _.. PIKE LAKE TRAIL NE . ...... ~I '1MIlI P I K E L A K E $ T R A I L II E ~ ..... - -+! ~rg)';lli'L .:.... _ ~ 1343.~ . -~, 1101 -:;'~-L-;r\.~:,:,:u,o:" -;;-;- L L 1----~\\_---------1 ~I ---, " I ~ I I . '\ \ I I ~Ii I i:~ SiCS fib I !i: I ll;ll;l ~ .iiC E i~! I il~ . ~ I ~L- . .......f...... . . .. i , I' I liar I' rf I I ~SJII' rJ:~ I plu,l ~Jlt:Jf -.,'IUI; 11. WI J!Ji II~~ I" ~ ...f .. il j; I : i g , .. ~ l' > III ~(>. .. !4 2 ':' I:, ! ~ ~ ~,,"'''''''f' EXftlBIT A III r------T1;.------,! ~ I ".' '. i I: ~'. i ~7" '. r"N "1 ~P' . 'V' I II :ij L ------L i ~ ~ I , ___..,, 1:- I f!l :tP',' ~ :'~ . :A ~ ' '7" I 'I" I tr L----__1______J -t~ N01'20'14'W W\M "1MI.1/4 ._"'1/4 ,-" 1~5.16 j-'i'- i I ~ . . > ,:,! ...._i5 ,~(>. -'-1 ....... (~~>. \._./' I I I '" ~t. ~~ I 'Z!~ : ii1~ L_ _L ~'" r-r- - 1lI~ I., (1)0 I 5c: L,. lE : :r~ I c: I !(l I ~ 5! en ;oj 6 I I I I I I I I I I l I '1 lB I 0 ~ I C S I Z I {~ I -1 :jl )> - I - ~I Z lj -. I I 15 I .. - .. I I' 1; I I' ;!I (f) ~ ~ I )> ill - I -. I 0 .t\ I 0 I - I -1 I 0 I z I I I . .~. I B,i I ...!~. I ..~ I gll I I z ~ ~ ~) [ii;li ~ @ IMl CD = m cf iii;il ~ ~ EXlDBIT ":8" 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 Develooer) and in your favor, our , available to you by your draft drawn on - The draft must: a) Bear the clause, "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 Commerce 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 I: \99ftles\99subdiv\99final\ftnhills\dvcntrct.doc 28 09/17/99 EXHIBIT "C" CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Prior lake 16200 Eagle Creek Avenue Prior lake, Minnesota 55372-1714 INSURED: ADDITIONAL INSURED: City of Prior lake AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE - Workers' Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 29 09/17/99 .,.-. ~-..,;" AI,:.. 1':..'.:.1<;' "..:,.. t"~. . ~,>;!.bHM,;', "i 11" Operations of Contractor: m Operations of Sub-Contractor (Contingent): lli Does Personal Injury Include Claims Related to Employment? r52 Completed Operations/Products: ~ Contractual Liability (Broad Form): r52 Governmental Immunity is Waived: Y52 Property Damage Liability Includes: Damage Due to Blasting Y52 Damage Due to Collapse r52 Damage Due to Underground Facilities Y52 Broad Form Property Damage lli AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration 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 I: \99files\99subdiv\99final\ftnhills\dvcntrct.doc 30 09/17/99 ENGINEER'S ESTIMATE DEVELOPER COST CITY COST ITEM UNIT QTY. UNIT PRICE TOTAL QTY. UNIT PRICE TOTAL QTY. UNIT PRICE TOTAL 12" CI 51 DIP LF 941 $ 20.00 $ 18,820.00 941 $ 15.00 $ 14,115.00 941 $ 5.00 $ 4,705.00 8" CI 52 DIP LF 568 $ 15.00 $ 8,520.00 568 $ 15.00 $ 8,520.00 o $ - $ - 12" Butterfly valve EA 2 $ 1,200.00 $ 2,400.00 2 $ 750.00 $ 1,500.00 2 $ 450.00 $ 900.00 8" gate valve & box EA 2 $ 750.00 $ 1,500.00 2 $ 750.00 $ 1,500.00 o $ - $ - * 12" 90 Degree Bend LB 510 $ 1.50 $ 765.00 250 $ 1.50 $ 375.00 260 $ 1.50 $ 390.00 * 12" 22 1/2 degree bend LB 440 $ 1.50 $ 660.00 220 $ 1.50 $ 330.00 200 $ 1.50 $ 300.00 EXHIBIT "0" TO DEVELOPMENT CONTRACT '" FOUNTAIN HILLS ADDITION OVERSIZING COSTS " ti TOTAL $ 32,665.00 $ 26,340.00 $ * Quantities were calculated by subtracting actual weight of 12" fittings vs 8" fittings, City will pay for difference between 8" and 12". G:\PROJECTS\ 1999\31fhills\COSTSPL T,XLS 6,295.00 , . . EXHIBIT IIEII ENGINEERS ESTlMATE for FOUNTAINHlLLS GRADING. UTlLlTY & STREET CONSTRUCTION m PRIOR LAKE. MINNESOTA Revised: September 15, 1999 SECTION A - GRADING & MISCELLANEOUS SITEWORK 4050 LF Erosion Control Fence (Installed) @ 1.50 fLF = $ 6>075.00 1500 LF Tree Fence @ 2.00 fLF ;;:; $ 3>000.00 103,550 CY Common Excavation @ lAO ICY = $ 144>970,00 26,000 CY Sub grade Correction (Measured) @ 1.75 ICY = $ 45,500.00 18.s AC Seed and Mulch @ 750.00 lAC"'" $ 13.875.00 5.6 AC Clear and Grub @ 5,000.00 lAC = $ 28.000.00 7,500 CY Topsoil Respread @ 1.20 ICY - $ I 1.250.00 1 EA Gravel Entrance @ 250.00 lEA = $ 750,00 TOTAL SECTION A... SITE GRADING S 253,420.00 SECTION B - SANITARY SEWER. 281 LF 8" PVC SDIt. 35,0-10" Depth @ 15,00 ILF=$ 4.215.00 153 LF 811 PVC SDR 35, 10-12' Depth @ 16.00 ILF=$ 2,448.00 4 EA 48" Diameter Manhole 0-10' Depth @ 1,450.00 IEA-$ 5.800.00 2.18 VF Extra Depth Manhole @ 100.00 NF=$ 218.00 35 CY Granular Bedding @ 10.00 ICY "= $ 350,00 3 EA 8" x 6" Service Wyes @ 200.00 jEA-$ 600.00 ~ft, 161 LF 6" PVC SDR ~ Service @ 10.00 /LF=$ 1.610.00 1 BA Connect to Existing @ 2.000.00 lEA = $ 2.000.00 1 BA Sewer Test @ 2.000.00 lEA == $ 2,000.00 TOTAL SECTION B - SANITARY SEWER S 19..201.00 SECTION C - WATERMAlN 931 LF 12"D.I.P. CL. )( SI @ 20.00 fLF = $ 18.620.00 218 LF 6" DJ.P. CL. 52 @ 13.00 /LF == $ 2.834.00 568 LF 8" DJ.P. CL. 52 @ 15.00 /LF = $ 8.520.00 3565 LB D.I.P. Fittings @ 1.50 ILB = $ 5.347.50 2 EA 12" Buttertly Valve @ 1,200,00 lEA = $ 2.400.00 3 EA 611 Gate Valve wlBox @ 700.00 lEA = $ 2J.00.00 2 EA 8" Gate Valve wlBox @ 750.00 lEA.... $ L500.00 5 EA Hydrant w/Gate Valve &:. Box @ 2.000.00 IEA- $ 10.000.00 95 CY Granular Bedding @ 10.00 ICY = $ 950.00 1 LS Watennain Test @ 500.00 /LFo::$ 500,00 1 EA Connect to Existing @ 1.000.00 lEA = $ LOOO.OO TOTAL SECTION C - WATERMAIN $ 53.771.50 SECTION D - STORM SEWER 197 LF 12" RCP CL. 5 @ 20.00 ILF=$ 3.940.00 133 LF 1511 RCP CL. 5 @ 22.00 ILF=$ 2.926.00 125 LF 18" RCP CL. 5 @ 23.00 ILF=$ 2.875.00 449 LF 21" RCP CL. 3 @ 25.00 fLF=$ 11.225,00 172 LF 2411 RCP CL. 3 @ 30.00 fLF=$ 5.160,00 54 LF 27" RCP CL. 3 @ 35.00 /LF-$ 1.890.00 ...' . "'~ .......'"'" " , "". I"", .;,j'~ I".' ~-,,,,\'i:. r.~ ",..",;~p~;;,~,,;;.-;ilW ~-15-1999 4:02PM FROM PIONEER ENGINEERING 681 9488 P.4 1 EA 12/1 F.E.S. w/Trash Guard @ 700.00 lEA = $ 700.00 1 BA 18/1 F.E.S. w/Trash Guard @ 1.000,00 lEA -- $ 1.000.00 l' EA 27/1 F.RS. w/Tr~ Guard @ 1.500.00 lEA ... $ 1500.00 1 EA 24/1 x 36/1 Catch Basm @ 1.200.00 lEA = $ 1.200.00 1 EA 48/1 Diameter Manhole @ 1~500.00 lEA = $ 1.500.00 1 EA 54/1 Diameter Manhole @ It 750.00 lEA = $ 1,750.00 4 EA 48/1 Diameter Catch Basin Manhole @ 1.500.00 lEA = $ 6.000.00 1 EA 541' .Diameter Catch Basm Manhole @ 1.750.00 lEA = $ 1.750.00 1 EA 60/1 Diameter Catch Basm Manhole @ 2.000.00 lEA == $ 2.000.00 1 EA Connect to Existing @ 2.500.00 lEA""" $ 2500.00 18 Cy RlP RAP @ 75.00 ICY = $ ] .350.00 9S CY Granular Bedding @ 10.00 ICY = $ 950,00 25 SY 4" Insulation @ 2.00 ISY = $ 50.00 TOTAL SECTION D - STORM SEWER. S 50.266.00 SECTION E - STREETS 6,852 SY Subgrade Preparation @ 0.50 ISY = $ 3.426.00 6,852 SY 24/1 Select Granular @ 7.00 ISY = $ 47>964,00 2,552 SY 9"CL.S @ 5.75 ISY = $ 14.674.00 4,300 SY 12/1 CL. 5 @ 7.50 ISY = $ 32 250.00 4,000 Sy 3" Bituminous Base @ 5.25 ISY = $ 21.000.00 2,320 Sy 2" Bituminous Base @ 350 ISY = $ 8.120.00 342 GL Tack Coat @ 1.25 IGL"" $ 427.50 4,000 SY 2/1 Bituminous Wear @ 3.00 ISY=$ 12,000.00 9-15-1999 4:03PM FROM PIONEER ENGINEERING 681 9488 P.5 2,320 SY 1-1/2" Bituminous Wear @ 2.75 /SY == $_ 6.380.00 2,620 LF B 61 g Curb & Gutter @ 7.50 ILF=S 19~650,OO 3 EA Adjust Manhole @ 200.00 lEA = $ 600.00 7 BA Adjust Catch Basin @ 150,00 lEA = $ 1~050,OO 7 EA Adjust Gate Valve @ 125.00 lEA = $ 875.00 1,005 SY Sod - 2 Rows Back of Curb @ 2.00 /SY = $ 2.010.00 1 LS Backfill Curb, Topsoil. Seed & Mulch @ 3.000.00 /LS=$ 3,000.00 450 LF 411 Concrete Sidewalk - 5' Wide @ 11.00 ILF=$ 4.950.00 w/4" Sand Base 2 EA Pedestrian Ramp @ 200,00 lEA :z $ 400.00 1 LS Temponuy CuI-dc-Sac @ 4.500.00 ILS"'$ 4,500.00 900 LF 8" Bituminous Trail w/Basc @ 8.00 /LF' = $ 7.200.00 TOTAL SECTION E - STREETS $ 190.476;00 TOTAL BID TOTAL SECTION A GRAND TOTAL S 253.420.00 S 19.201.00 S ~ 53.771.50 S 50.266.00 S 190.476.00 S 567 ,134.50 TOTAL SECTION B TOTAL SECTION C TOTAL SECTION D TOTAL SECTION E .Jt53) ,'11. ':>0 - tlD ,2. ~ '5.00. '$~1,'#J~;5 &V'~~iU~1 ~.'!~,:..;.i~...l.. ..: , .., ...... .~. ,i: " ~;',~ T ..... .. .. Commercial Development. Construction ~ 1895 Plaza Drive Suite 220 Eagan, MN 55122 651.406-4400 651.905-3678 Fax August 13, 1999 Ms. Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 Re: Tree Replacement Escrow - Fountain Hills Dear Jane: Enclosed is a copy of the tree replacement calculations that Pioneer Engineering have included with the Fountain Hills Final Plat application. I have also included a copy of the most recent tree pricing for a development we are currently working on in Farmington, Minnesota. These are 1999 prices and should not change by more than 10% for 2000. I calculate the escrow as follows: Required Tree Replacement 9 Trees @ $303/tree = $2727.00 X 1.25 = $3,408.75 Please verify our calculations in order for us to provide the appropriate escrow as soon as possible. Thank you for your time. It is appreciated. Sincerely, ~~ Development Coordinator ~rn@rnO\Ylrg n 8131999 U "l ~-:-;- ..~ I' :r;~r. , .,J~ ~/LLIAMS LJ'LSANDSCAPE 20200 otero Ave. Hastings, MN, 55033 437-2827 Estimate Cameron Woods Qu. Name 12 Austrian Pine 18 Scotch Pine 33 BlackhlJls Spruce 31 Coiorado Spruce 7 Sumrnlt Ash 8 River Birch Clump 20 Skyline Honeylocust 6 Greensplre Linden 4 AUtUmn Blaze tvlaple 15 Northwood Red Maple 3 Pin Oak 10 Pink Spire Crab 11 Red Splendor Crab 4 Spring Sno~..v Crab 11 Jap Tree Lilac 10 Amur Maple 41 Hughes Juniper 21 Mint Julep Junlpet' 24 Northern Pride tvlicrobiota 22 Taunton Yew 14 Shrub Rose 103 Cardinal Dogwood 30 Dwarf Winged Euonyrnus 21 .A.hnabelle Hydrangea 35 Miss klrn Lilac 37 European Compact Viburnum Page 1 of2 , , Hlllllel- HAlN~8'RD. .. '_"~ii!oiIr""" ;,} o;,~' -iIlc .*",~ ....'!v::', 1t.,~,.1"~'W'''' Size 6'B&B 6'B&B 6'B&B 6'B&B 2.5" B&B 10' B&B 2.511 B&B 2"-2.5" B&B 2"-2.5" B&B 2"-2.5" B&B 2"-2.5" B&B #15 Cont. #15 Cont. #15 Cont. #15 Cont. #15 Cont. #3 Cont. #3 Cont. #5 Cont. #3 Cont. #2 Cont. #2 Cont. #5 Cont. #2 Cont. #2 Cont. #2 Cont. D rn@rno ME 1 3 1999 IPIlIINIlUIt,.,,,tv, Price 2318.40 3477.60 6375.60 5989.20 2116.80 2419.20 6048.00 1643.04 1095.36 4107.60 821 .52 1337.20 1470.92 534.88 1470,92 1337.20 891 .99 456.87 723.74 683.76 266.95 1634.61 844.20 400.42 667.38 ..---.---- JO?M6 . 2>l>'3 LWd' 2-1IJQJJ 0 ~1"QU~ · ~16 a.u~. , .'1.~-':I' """.;."'~ft!,' ,~ ,ft- .,-;" I~-- ~ "A EXIllBIT "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, fixtures, 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 fixture. EXISTING SUBDIVISIONS: 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: \99fi1es\99subdiv\99final\ftnhills\dvcntrct.doc 38 09/17/99 ... .. EXlDBIT "G" TO DEVELOPMENT CONTRACT CONDITIONS OF PLAT APPROVAL 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 fmal plat mylars. 3. Reductions of the entire fInal plat be submitted, to the following scales: 1" = 800'; 1" = 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 fmancial security, acceptable to the City Engineer prior to release of the final plat mylars. 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 November 20, 1999, will render the fInal plat null and void. 1:\99files\99subdiv\99final\ftnhills\dvcntrct.doc 39 09/17/99 -- ""i" """'~'-~ .t~'!I!l..I~' :-'~ .', " ',". ~ ,Vt- ,.,.. '1-- ..;i~;f, ~ '"\.'l','~!d,l'~,,;