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Home My WebLink About8A - Hillcrest Homes Developers Contract CITY COUNCIL AGENDA REPORT SUBJECT: APRIL 19, 1999 8A GREG ILKKA, PUBLIC WORKS DIRECTOR/CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION 99~ZO APPROVING THE DEVELOPER'S CONTRACT WITH HILLCREST HOMES FOR RED OAKS LOTS 40, 41, AND 42, PROJECT #98-39 AGENDA #: PREPARED BY: DISCUSSION: HISTORY On December 7, 1998, the City Council adopted Resolution 98- 141 amending an administrative plat for Hillcrest Homes that had originally been approved on April 6, 1998 (Resolution 98-43). The amended plat was approved with the condition that the developer either (1) enter into a permit agreement for private use of public property to construct a private drive on a publicly dedicated right- of-way, (2) enter into a Development Contract to construct a public right-of-way, or (3) petition the City to construct the roadway as a Capital Improvement Project and assess the project under the MS Chapter 429 process. On February 29, 1999, the Planning Department received a letter, which is included at the end of this report, from Hillcrest Homes requesting option (2) above, to enter into a Development Contract with the City for the construction of Red Oaks Road to Lots 40, 41 and 42. There is no platting associated with this Development Agreement. In addition, the Developer provided staff with a copy of an agreement, attached to this report, from a neighboring resident allowing Hillcrest Homes to grade on his lot. This individual had previously expressed concerns about this project. CURRENT CIRCUMSTANCES The Developer is proposing to construct a 20 foot wide street to city standards in the existing 20 foot right-of-way. The plan has been reviewed by City Staff and the Fire Chief. A paved "hammerhead" will be constructed at the end of Red Oaks Road to REDOAK.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER allow vehicles to turn around. The City will maintain the street upon completion. Parking will be prohibited on both sides of the street. The Engineering Department has reviewed the Red Oaks Road plans prepared by Ryan Engineering, Inc. The estimated cost of the improvements is $41,845.00, to be paid by the Developer. City Staff and/or Howard R. Green Company will inspect the construction to ensure the work is constructed to City standards. A 6% fee for construction inspection services is included in the Developer's Agreement as well as the 6% for administrative costs. ISSUES This project is unique as an administrative plat with a Development Contract. As such, the Development Contract, while based on the City's standard Development Contract, has been edited by the City Attorney to reflect the uniqueness of this project. A MN Department of Natural Resources (DNR) permit is necessary to construct the roadway due to the construction of a retaining wall along the lake shore and placement of fill required to construct the road within the right-of-way which lies in the floodplain. The Developer already received a DNR permit to construct the originally proposed 12 foot roadway and has reapplied for the permit for the 20 foot roadway. In addition to the roadway improvements, staff has requested that a small water resources project (City Project #98-21) be completed in conjunction with this project. The requested project is included in the 1999 Capital Improvement Program as a water quality improvement project. The project is adjacent to the Developer's road construction and originally included installation of a sump catchbasin and lakeshore stabilization with associated pavement removal and replacement. Because the Developer's project includes installation of a sump catchbasin the cost of the City project is significantly reduced by taking advantage of the Developer installed sump catchbasin. The remaining City portion of the work involves removal of some pavement and a paved swale, replace some pavement, and extension of the Developer's curb and gutter. The estimate of cost of the City requested work is $3,137.60, and is proposed to be funded from the Storm Water Utility fund. The Development Contract has been written to allow adjustment of costs on this work. If the work costs the Developer REDOAK.DOC FINANCIAL IMPACT: AL TERNA TIVES: RECOMMENDED MOTION: ATTACHMENTS: REVIEWED BY: REDOAK.DOC less than the estimate, the Developer will reimburse the City. If the work costs the Developer more than the estimate, the City will reimburse the Developer. The costs associated with City Project #98-21 are included in the 1999 Capital Improvement Program and will be financed through the Storm Water Utility fund. The alternatives are as follows: 1. Adopt Resolution 98-XX approving the Development Contract with Hillcrest Homes for Red Oaks Lots 40, 41, and 42. 2. Deny this resolution for a specific reason. 3. Table this item for a specific reason. A motion and second to Approve Resolution 99-XX approving the Development Contract with Hillcrest Homes for Red Oaks Lots 40, 41, and 42. 1. 2. Letter from Hillcrest Homes, Inc., dated February 29, 1999. Agreement between James A. Feick and Hillcrest Homes, dated March 15, 1999. Development Contract. 3. RESOLUTION 99-XX MOTION BY: SECOND BY: WHEREAS, the City has granted administrative plat approval for Lots 40, 41, and 42, Red Oaks; and WHEREAS, one required option of the administrative plat approval is to construct Red Oaks Road to the lots under a Development Contract; and WHEREAS, the Developer has requested to enter into a Development Contract for the construction of Red Oaks Road; and WHEREAS, it is advantageous to the City to accomplish a planned water quality improvement project, City Project 98-21, in conjunction with this Development Contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that the Development Contract with Hillcrest Homes for Red Oaks Lots 40, 41,and 42 is approved and the Mayor and City Manager are authorized to execute said contract on behalf of the City. BE IT FURTHER RESOLVED, that as part of this Development Contract City Project 98-21 is approved and funded through the Storm Water Utility Fund. Passed and adopted on the 19th day of April, 1999. YES NO Mader Mader - Kedrowski Kedrowski - Petersen Petersen - Schenck Schenck - Wuellner Wuellner - Frank Boyles City Manager City of Prior Lake 162~~~(:reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HHI ~LCREST- HOMES, INC. '14122 Louisiana Ave.. Savage. Minnesota 55378 (612) 898-7663 Office (612) 898-3364 Fax rl~m @ mow@ In m MAR ? 1999 U "A Builder Driven By Quality Craftsmanship and Value~ H February 2~, 1999 Re: ReSOlllti~~,~~;~,<.:l::y.t.I'.:.'.:..'.t..,....... ..... ., ~.:J:;,..:-::',,>: .,' "~' '=.:: ',. '-"~'-.~ ',0;. '::~:':. . :.i:':<:)':?,:,::,::~_;<:':'..~--::;''''::'':'::~:~:':'' De:i~~~~r'4?!:l~':"~;"'". .. . .. ....., ..On Mrt~Ai!~9~the 'city,c()uitciladopted. res()l.ution:98-43~apPt~~ng:". ..c,. . ..... pI~t.f9r :EIi!lQi~~t:Hom~s;,~.ll1~leq~~st}n~oIved.~hrc()n:lJi~flti()ri'?f,0~~.~9~i Re#' oaks 'S:Jbdi\;i~ion into t-vVO ioi,s..~1thvajiariCesf~'loi widih"an(JQtarea~~ ,Con . of'approvaI for th~'administrativ~platinc1uded a"Permit AgreeIl1~~tlor Private PU~li9Property'~'lJeexecuted, thMt~e'property'9~ei provide ~~ra,~!iiige plans.' app~6YaI of the. City Erigineer,ana)h~property'o~er pay all CQ~$:";'''' 'eiated "'~.~~~n pUblittF~~~~~t~~y. .',I{Ui~C.);.;: . ,.,. "~::_(i.:.J-},~:j.;.'d'" ()r1r>~pember 7,1998 Resolutioh,9~-f9C was passed giving adItio.> tions . reg~(tto the construction of ac~~~'toIots 40, 41, & 42 Red O~;;.'mIjprest H wouid like to ~~rcis~{}ne' of t~<>s~'optlbns andeI1terinto a dev~16P?&~&reem c.~)~triiction of~~:.9~s road~?:ffiiniIllaI citystaIlpai~s at our:~ZCB~~~~;~ Upon . ~rnpletion, the"r6adwiII thenb,etumed over to the',City of Prior Lake-(or pe ~iance ~:~~~~l\f road';~1~~~ ~.~;.~~~ . ...r. P'leasY ardth~'n~~essMy documentation to imkl~rrient this proG.~s'~~" <'2t~r \:::\-,::~;;:.' "--:'::",':.:'." ",;~;,..,t. . City ofPnor Lake 16200 Eagle Creek Avenue Prior Lake, MN55372 , ';-< , ....' ~ ~. ,>.-,"".,", :.,....;.' ;.:. "f'. .~ .:,~" '.: ",iD,i,::~'~: :.::::>:-:/6.: .:'=/_> ~;~ : ';", _. _. . 0, .",. . ~ _: . '.1 ". i . ..,.; ,....-.. ..... .. .'.".... ~..-,.- ~. , . 'Builder License #20036544 . Member of the l!uilders Association of the TwinCitieS ":"" . . . ".. '.~'~"-"'-""'------"'.~""'-'--.-"~" -.'... _.. .._'n ._. .._, ,,: .___._..._......... Mar 22 SS 01:32p Jim Albers 612-440-6424 Mar 15 as 03:35p Jim Alb@rs 612-"''40-6121 F'F?()I1 : HILLCRESl HJr'CS llie. 1~.1~.1'3':l9 2: 12P11 P I PHOHE HO. : E.I::' El~ ~::C,4 . ~~~~~~.!!rw~~~~~P.::~.5537. .li.IlU (6121898-7663 Office 1~12) 898-3364 flut ' . "A .,dAMr DrfH" _., 9-11'1/ crqp........."CP .",., "-&u.e.- M~r.h I~. 1999 ., ..:" '. ..... R.d o..,su:[V;':" '9~~tiQ~b(r.&Jk ~;J~(~~~~:;/';;i";.:. . Hillcre~,l H()lnc,s,ln~.,'~ilbe C~rj'lnlciins'~ city .Iiee,t wid:! J~:'~e'~~!G~ie~JQldw.y IrCl. fOT Iltc.eutolots'40',Ar&.,411t~dO&k'.'Pc1 tho 'l>provod'pl.'n;.~~r:ip~Ji'c.uCitl5"::::' . , .~~~:~~~'.~~~i-:~:ri~~~~'~i~:~'~~~~;'~~~i~~!~i~;~i~~l~~:pttt~~i~:~~~~1~~~;:Jf:':" , ~~Y, w,ilfm:i~hj~I~,dj"in;iii.,p'ro~~.niOJ Il~ ,joled Of\::pl~il'; .' '.:~""''; ":":~::;:'~";'~,'\'/~::i ' HiIlacsl Homes, lilC'. will require ~'~Ilhorizjtlon tobiend .uch grl~ef.nd bIIUIOP,::',;/), Fu\'1,f\~r, Hiltc(e,\'Honiu, Inc. ~1,fr:eP.1~c'; or rap~i,r'a~td.m.~of"~;:~laCk10PI;~~~1. eel. that ii diilurbtd do 10 lhl canslnlctlon ofrighto(.way, Up6i"ctll'i1pl~tiol\. Public':: , ~hl:ofWoy w,tit~c:'.t~med ov~r:.~~:lh<CiIY for:rii~nl'~co and ~p'kcop.~' ,:'i:::::>;:~'.. . .. .....,. ., ." . ". , . '. ,'. ," . , ;:",;,:..:',;,:, .;(:;~"':::::;: 1/H~:;i,':: I;Jlmcs A. FeicK do S;vc .\l\hoii~~pon.to Hilfcrtstllo~'5~ lnc:l~.:~~~~~'. my pr~~o,'~,~,to bl~A' ch J;rac1~E arid' aeKlop:' "':' . , . ' . "':.,~ ' .. ,.' ,,:,,: '. ." ,".::.~:~.. X:::;';::~::i j)l~:(I- -."...a". e "..~,vr;f ":"::~P~~o' - / ',' :',: . ....~. ..... J : J ~ " .' I'" .'f' ". .: '. .:. '~.:. .. . · "~1i/fi;;?7' ;;":, Dale , . S"ild" 1./~rnl';' "1QOl6j" . ""lfIlt,- v/fltc IJlIlidm AJJQc/~IIQIl 0]'1". twin ClIi" p.2 '~.. p. ] DEVELOPMENT CONTRACT RED OAKS LOTS 40, 41, & 42 PROJECT #98-39 AGREEMENT dated April 19, 1999, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Hillcrest Homes, Inc. (the "Developer"). 1. REOUEST FOR PLAT APPROVAL. The Developer asked the City to approve an Administrative Plat for Lots 40, 41, and 42 Red 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. 2. 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 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 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 1 apply to grading or other approvals set forth in Resolution No. 98-14, dated April 6, 1998, approving the Administrative Plat and Resolution No. 98-141, dated December 7, 1998, amending the Administrative Plat. 3. 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 -- Site and Grading Planes). Dated March 23, 1999 (Prepared by Ryan Engineering) Plan B -- Tree Preservation and Replacement Plans and Landscaping Plan Dated March 23, 1999 (prepared by Ryan Engineering) Plan C -- One set of reproducible Plans and Specifications for Developer Improvements Dated March 23, 1999 (Prepared by Ryan Engineering) 4. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the following: A. Storm Sewer and Stormwater Quality Improvement B. Streets C. Concrete Curb and Gutter D. Site Grading E. Landscaping The Developer 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 licensed professional g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 2 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. 5. 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. 6. 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. g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 3 c. As-built record drawings showing 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. 7. AREA RESTORATION. The Developer shall seed or lay cultured sod in all areas disturbed by this project 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. 8. 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. 9. TIME OF PERFORMANCE. The Developer shall install all required Developer Iprovements by October 31, 1999, with the exception of the fmal wear course of asphalt on streets. The fmal 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 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 4 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. 10. 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. 11. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan A, 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 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. 12. 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. g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 5 ------------r-~---- " ",,', 13. GRADING PLAN. The Plat shall be graded in accordance with the approved site and grading plan(s), Plan "A". 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 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. 14. 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. 15. 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. The City Administration Fee shall not apply to that portion of the Developer Improvement for the Stormwater Quality Improvement requested by the City and estimated to cost $3,137.60. 16. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%) of the estimated construction cost for Construction Observation performed by the City's authorized personnel. The Construction Observation Fee shall not apply to that portion of the Developer g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 6 Improvement for the Stormwater Quality Improvement requested by the City and estimated to cost $3,137.60. Construction Observation shall include, but is not limited to, part or full-time inspection of proposed grading, public utilities and street construction, and preparation of "as-built" drawings. 17. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND OPERATIONAL COSTS. The Developer shall pay to the City $200.00 for installation of traffic control signs and street signs at the time this Development Contract is executed by the Developer. 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. 18. LANDSCAPING (Simde-Familv Residential). Each residential lot in the Plat must have at least two (2) front yard trees as required in the Subdivision provisions of the City Code. The Developer or lot purchaser shall plant the two (2) front yard trees on every lot in the Plat which does not already meet this requirement at the time of the building permit. The trees shall be planted according to the requirements for subdivision trees as set forth in the Subdivision provisions of the City Code. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of every structure on every lot prior to the issuance of the final occupancy permit. If this section is to be satisfied by existing 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. g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 7 19. TREE PRESERVATION AND REPLACEMENT. Although no tree replacement is required on this Administrative Plat per the tree inventory included with Plan "B", the Developer must submit certification of compliance with the tree preservation plan (plan "B"). Certification shall be by a registered landscape architect, surveyor, civil engineer or forester. The certification shall include verification that only the identified number of trees were removed, and relocated trees and remaining trees are alive and healthy. It shall be Developer's obligation to remove and replant replacement trees which are not alive or are unhealthy, and to replant missing trees as to be in compliance with the City's tree preservation ordinance. Upon submission of the certification, the Certificates of Occupancy for the proposed single family dwellings may be issued. 20. 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 excluding the cost of the Stormwater Quality Improvement requested by the City. The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank ("Security") for $52,306.25, plus a cash fee of $5,221.40 for City Development Fees. The amount of the Security was calculated as follows: DEVELOPER IMPROVEMENTS COSTS: Storm Sewer $ 4,050.00 Streets $ 20,525.00 Tree Preservation and Replacement $ 0.00 Erosion Control $ 1,970.00 Other - Retaining Wall $ 15,300.00 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 8 ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL $ 41,845.00 X 1.25 TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 52,306.25 CITY DEVELOPMENT FEES: City Administration Fee (6.0%) (18) $ 2,510.70 City Construction Observation (6%) (19) $ 2,510.70 Street and Traffic Control Signs (20) ($100.00 per sign) $ 200.00 TOTAL CITY DEVELOPMENT FEES $ 5,221.40 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, 2000. 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. 21. 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 g:\projects\ 1998\39redlot\dvcntrct.doc 04/12/99 9 ':1. II Mo. plans and information have been received by the City. The City Public Works Design Manual outlines the procedures for Security reductions. 22. WARRANTY. The Developer warrants all Developer 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 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. 23. 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 23 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 g: \projects\ 1998\39redlot\d vcntrct. doc 04/12/99 10 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. 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. 24. CITY REQUESTED WORK. The City has determined that it is advantageous to accomplish a "Stormwater Quality Improvement" project in conjunction with these Developer improvements and the Developer has agreed to undertake this work in accordance with the provisions of this contract. The City and Developer agree that the cost of the City requested work to be reimbursed to the Developer is $3,137.60 based upon an engineers estimate as determined by the City Engineer based on a ftnal engineering design. A detailed estimate of cost for this City requested work is attached as Exhibit D. If the City Engineer determines the actual cost of the "Stormwater Quality Improvement" project requested by the City is greater than the estimate then the City shall reimburse the Developer for the additional costs associated with this work. If the City Engineer determines the actual cost of the "Stormwater Quality Improvement" project requested by the City is less than the estmate then the Developer shall reimburse the City for the overpayment associated with this work. 25. CLAIMS. g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 11 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 proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' 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's fees. incurred in bringing the action. (See Minn. Stat. ~471.425, Subd. 4a.) 26. SPECIAL PROVISIONS. The following special prOVIsIons shall apply to Plat development: B. The Developer is required to submit the as-built drawings in electronic format. The electronic format shall be compatible with the City's software (AutoCAD Release 13). g: \projects\ 1998\39redlot\dvcntrct .doc 04/12/99 12 27. RESPONSIBILITY FOR COSTS. A. Once the City Engineer approves the construction costs or estimates for the Developer Improvements 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 the City requested work. 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. 28. 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 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. g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 13 29. 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. 30. MISCELLANEOUS. A. 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 impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph, "street maintenance" does not include snow plowing or normal sweeping. B. Third parties shall have no recourse against the City under this Contract. C. 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. D. 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. g:\projects\ 1998\39redlot\dvcntrct.doc 04/12/99 14 / E. 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. F. 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. G. 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 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 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 15 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. H. 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. 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. J. 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. 31. 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 g: \projects\ 1998\39redlot\dvcntrct .doc 04/12/99 16 the following address: Hillcrest Homes, Inc., 16091 Northwood Road, Prior Lake, MN 55372. 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 Sues an Lea Pace, Esq. at Campbell, Knutson, Scott & Fuchs, P.A., 1380 Corporate Center Curve, Suite 317, Eagan, Minnesota 55121. 32. 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. 33. JURISDICTION. This Contract shall be governed by the laws of the State of Minnesota. g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 17 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 DEVELOPER: By: Its: By: Its: ST ATE 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 g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 18 ST ATE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 19 , by DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 day of NOTARY PUBLIC 19 FEE OWNER CONSENT TO DEVELOP:MENT 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_ ST ATE 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 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 20 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 g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 21 CONTRACT PURCHASER CONSENT TO DEVELOP:MENT 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'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 g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 22 EXHIBIT "A" TO DEVELOPMENT CONTRACf Legal Description of Property Being Fmal Platted and Copy of Final Plat, Including Title Sheet: ; ,. / c""; ,.... <!' ~l I I ....to:. ,~,; '(,' . " ~" ...~ ~ I " I ~ j EXHIBIT" II All 'LEGAL nESCR1PTlONS .' ," ./ DESCRIPTION FOR NORTHERLY PARCEL: lot 42 and that part of lot 41 which lies Northerly of a line described as commening at the southwest corner of said lot 41; thence North 32 degrees 12 minutes 55 seconds East on an assumed bearing, along the Westerly line of said lot 41 a distance' of, 2~.00 feet to the actual point of beginning of the line to be described; thence South 57 degrees 02 minutes 3S'seconds East a distance of 54.22 feet; thence South 66 degrees 18 minutes 04 ,seconds East a distance of 122.1-6 f-eet to the' Easterly line of said lot 41 and there tefminating; ~II in REO OAKS, Scott County, Minnesota. DESCRIPTION fOR SOUTHERLY PARCEL: lot 40 ~nd that part of lot 41 ~hich lies Southerly of a line 'described as commencing at the southwest corner of said lot" 41; thence North 32 degrees 12 minutes 55 seconds E.ast on an assumed, .bearing, along the,Westerly l~ne of s!id.lot 41 a di!tance of 24.00 feet 'to the acyual point of "beglnnlng of the 11ne to be described; thence South 57 degreeS 02 ~inutes 35 seconds E.s~ a distance of 54.22 feet; thence So~th 66 ~egrees 18 m'~ut;f 8 04 seconds East a distance Of.122.i'6.fe~~ ~o ~~~ ~::i~rs~ot~n of said lot 41 and there termlnat ng, a tn County, Minne$ota. g:\projects\l998\39red1ot\dvcntrct.doc 04109/99 24 EXHmIT "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 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 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 24 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. Expiration Date: Effective 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: g: \projects\ 1998\39redlot\dvcntrct.doc 04/12/99 25 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. 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 ,000.00l 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 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 26 EXHIBIT "0" TO DEVELOPMENT CONTRACT CITY REQUESTED WORK WATER QUALITY IMPROVEMENT PROJECT CITY PROJECT #98-21 STATEMENT OF ESTIMATED QUANTITIES RED OAKS RD SE STORM SEWER - PROJECT 98-21 ITEM SPEC. REF DESCRIPTION UNIT QTY UNIT COST TOTAL # 1 2104.505 REMOVE BITUMINOUS PAVEMENT SY 75 $7.00 $525.00 2 2104,513 SAWING BITUMINOUS PAVEMENT LF 80 $5.00 $400.00 5 2531.501 B612 CONCRETE CURB & GUTTER LF 32 $8.50 $272.00 6 2531.502 MOUNTABLE CONC CURB & GUTTER LF 20 $7.00 $140.00 7 2211.501 CLASS 5 AGGREGATE BASE TON 20 $7.55 $151.00 8 2331.514 TYPE 31 B, BASE COURSE TON 8.1 $30.00 $243.00 9 2331,508 TYPE 41A, WEAR COURSE TON 5,5 $30.00 $165.00 10 2575.555 TURF ESTABLISHMENT LS 1 $500.00 $500.00 11 2101.502 CLEARING TREE 2 $150.00 $300.00 12 2101.507 GRUBBING TREE 2 $125,00 $250.00 3 2573.502 HEAVY DUTY SILT FENCE LF 25 $1.80 $45.00 4 2506.522 ADJUST MANHOLE CASTING EACH 1 $125.00 $125.00 13 2105.522 SELECT GRANULAR BORROW CY 2,7 $8.00 $21.60 T SCHEDULE NO.5 (98-21) TOTAL $3,137.60 APRIL 8,1999 g: \projects\ 1998\39redlot\dvcntrct. doc 04/12/99 27 RED OAKS ADDITION PRIOR LAJ<E. UlNNESOTA PROJECT NUMBER: NA UTlUTIES AND STREET ESTIMATE. ~"GINEERS ESII~TE EROSION CONTROL SILT FENCE FLOATING SILT FENCE SEED & MULCH SUBTOTAL EROSION CON"mOL SANIT~RY SEWI;.R RAISE SANITARY MANHOLE SUBTOTAL SANITARY SEWER STORM SEWE~ 12"RCP STANDARD CATCHBASIN STANDARD calMH <SUMP) 12" I-PRON WITRASH GUARD . RIP RAP SUBTOTAL STORM SEWER STREETS GRANl)lAR FILL REMOVE EXIST ASPHALT ff' ClASS V (1' BEHIND BIC) SUBGRADEPREPARATION 6812 CURB AND GUTTER 0412 CURB AND GlITTER Z" BIT. BASE COURSE TACK COAT 1-112" BIT. WEARING COURSE ADJUST CASTING (MH & GV) BOUlEVARD RESTORATION (2' SOD) SUBTOTAL STREETS OTHER ITEM~ RETAINING WAll SUBTOTAL OTHER ITEMS TOTAL CONSTRUCTION COSTS Ryan Engineering, Inc. EXHIBIT IIEII DATE: 4/8/99 RYAN ENGINEERING, INC. SINGLE FAMILY HOMES (2 SINGLE FAMILY HOMES) LF. LF. LS. 150 200 1 EACH $1.80 $7.00 $300.00 2 $1,200.00 LF. EACH EACH EACH C.Y. 25 $18.00 1 $1,200.00 1 $1,400.00 1 $600.00 8 $50.00 TON S.Y. TON S.Y. LF. LF. TON GALLO TON EACH L.F. 1100 . 85 182 ~ 228 266 81 28 47 1 228 S,F. 900 redoak$.XLS $8.00 $7.00 ~7.65 SO.50 $8.50 $7.00 $30,00 $2.00 $30.00 5126.00 so. 50 $17.00 $210 $1,0400 $300 $1,970 $2,400 $2.400 1450 $1.200 $1,400 $800 $400 $4,050 $8.800 S595 $1,223 $287 $1.921 ~1,786 $1,830 $68 S1,410 $125 $113 $18, 125 $15,300 $15,300 ~1.846 418199