HomeMy WebLinkAbout8D - Wilds 3rd Addition
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
80
JANE KANSIER, PLANNING COORDINATOR
CONSIDER ADOPTION OF RESOLUTION 97 -xx APPROVING
THE FINAL PLAT OF THE WILDS 3RD ADDITION AND
DEVELOPER'S CONTRACT
APRIL 7,1997
The purpose of this agenda item is to consider adoption of
Resolution 97-XX approving the final plat and Developer's
Contract for The Wilds 3rd Addition. The developer's agreement
is attached.
The Wilds 3rd Addition consists of 20.16 acres to be subdivided
into 56 lots. The final plat was reviewed in accordance with the
approved Schematic PUD Plan and preliminary plat and Sections
6-5-1 and 6-7-1 through 6-7-17 of the Subdivision Ordinance. The
Schematic and Preliminary PUD and the preliminary plat of The
Wilds were approved by the City Council on September 20, 1993
(PUD resolution 93-83) and July 19, 1993, respectively.
The principal requirement for final plat approval is a signed
developer's contract. At this time the developer, Jim Stanton, has
not signed the Developer's Contract. He has some concerns with
the legal language of the contract, and the administration and
construction observation fees.
This is the first time we are using the new developer's contract
format. The new developer's contract differs from the former
developer's agreement in several ways. First of all, it is designed
with a "fill-in-the-blanks" format to make it more standardized.
The blanks will be completed by staff with the appropriate
information, such as fees, costs, and so on. Another key
difference is the Construction Observation fee. This fee is
calculated as a percentage of the project cost, and covers
inspection of the required improvements such as grading, sewer
and watermains, streets and so on, documentation of construction
work and all testing of improvements, and the preparation of as-
. built drawings for the sanitary sewer, watermain and storm sewer
facilities. The purpose for this fee, as opposed to billing the
developer, is to provide the developer with an up-front cost of the
construction observation, as opposed to a later billing system.
The contract specifies a 6% construction observation fee.
1:\96files\96subdiv\final\wilds3\wilds3cc.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
M.'- I ILJ'I,. "~\....IL.JI"~L.J:
J-'. IfIlJllIUl rn "nnnr t-epc;:nlllTlnl7 '-II_X X ::InnrnVlnn Tn", Tln::ll nl::lt ::Inri
The City Attorney is currently reviewing the developer's concerns
with this specific contract. Mr. Stanton has indicated he does not
see anything as insurmountable at this time.
DISCUSSION: The conditions placed upon the preliminary plat have been
satisfied or will be accounted for in the developer's contract and
Resolution 97-XX approving the final plat. Engineering staff will
be present at the meeting to review details of the developer's
contract with the Council if requested.
ALTERNATIVES: 1. Adopt Resolution 97 -XX approving the final plat and
developer's contract for The Wilds 3rd Addition.
2. Table or continue this item for specific reasons as specified by
the City Council.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED:
s, City Manager
1:\96files\96subdiv\final\wilds3\wilds3cc.doc
Page 2
RESOLUTION 97-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL PLAT OF
"THE WILDS 3RD ADDITION" AND DEVELOPER'S CONTRACT AND SETTING FORTH
CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
MOTION BY: SECOND BY:
WHEREAS: the City Council held a hearing on and approved, subject to conditions identified in the meeting
minutes, the Schematic and Preliminary PUD as approved by Resolution 93-83 on September
20, 1993, and the preliminary plat approved by Resolution 93-55, approved on July 19, 1993;
and
WHEREAS: the City Council has found that the fmal plat of "The Wilds 3rd Addition" is in substantial
compliance with the approved Schematic and Preliminary PUD and preliminary plat; and
WHEREAS: The City Council has approved the fmal plat of "The Wilds 3rd 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:
]. A current title opinion or commitment oftitle insurance be submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: ]" = 800'; ]" = 200'; and one
reduction at no scale which fits onto an 81/2" x ]]" sheet of paper.
4. Four mylar sets of the final plat with all required signatures be submitted.
5. The developer provide financial security, acceptable to the City Engineer prior to release of the final plat
mylars.
6. The fmal 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 June 7, ]997, will render the final plat null and
void.
Passed and adopted this 7th day of April, 1997.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{ Seal}
1:\96files\96subdiv\final\ wilds3\rs97xxcc.doc
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~ ~
f r~ij 1- 'l/.
J-
t'fi--
/.~ .. i
'! -; ~
~- ~ i t.
_L_ I
- --'
\ ~~)
fn
I .,
..
....
~
I 'S
0
.. ~
..
I ~
~ ...
I l- I!!
.. ...
.~ E
I ~ ili
~
I ~
) ..~.
--
'.....'
,-
L \
-.
In
.:
z
.
-.
.-0
-_0
/
/
,
"'-..
~
a
h
~
~
~
~
/
,-
. \
-.
/1
/
I
,
,
,
/
,-
L \
-.
/
"
r.:
/
/
!f
/
:~.;.,.:X? /
,-
L \
-.
-::
~
~
CVJ
;\"
i
:~: ~~
i~; ;: ~~
V)
~
~
~
: . I '0
.~
.. I
..
1--
l-. i
f..
In
f..
~
h
~
t..
/
/
~~
!! ~
:il IS
a
I..
/
/'/
/'/'
,
1 . ,
..
!!
-'
i .t Ut
E~~ ~j~t
~ 5~ i I]!~
~H E",r i I hrJ!
j-! t ; . '
.:_4 .... ~ ! ~ roiS
0'. il.l ~ I i~11
a.. -
~:"~1 i I
:..l i j I lU
0:1:' I l~i ;
pJI'l ii~ ~ _J ~ i.1
.s JlS E ; -, hi
iO~'l ~l" s I
- i.'" i I .1021-'
.~Di~ !o : I H;;!
5S!!:S . .- t. oj
1:5.0 0
H:J ~1J! ~ i~ I 21ft
/5 , rut
/'
-
f /'
........."5. i
'11J
'<5
----.j, j~r.::
\1 i;.,j
-L ~~~f
E- '03
_J _/0.
/'/'
-..
..
,'-
.:.l:
~-
DEVELOPMENT CONTRACT
THE WILDS 3RD ADDITION
AGREEMENT dated April 7th, 1997, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation ("City"), and SHAMROCK DEVELOPMENT, INC. (the
"Developer").
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
Plat for The Wilds 3rd 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
parties, 2) the necessary security and insurance has 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.
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
I: \96fi1es\96subdiv\final\ wilds3\ wld3devc. doc 1
04/02/97
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 preliminary Plat approval for all phases not subdivided shall lapse and be void unless
subdivided into lots and blocks, not outlots, within one (1) year after preliminary Plat approval, unless
the City Council authorizes an extension for good cause. The Developer may also 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. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the Plat in
the current metropolitan urban service area, or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved Plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything
in this Contract to the contrary, to the full extent pennitted by state law the City may require compliance
with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
7. 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:
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 2
04/02/97
:;r-"
Plan A --
Approved Final Plat, dated November 21 , 1996 (Prepared by John Oliver
and Associates, Inc.)
Plan B --
Final Grading, Development, and Erosion Control Plan(s), dated
November 21, 1996. The soil erosion plan must also be approved by the
Prior Lake/Spring Lake Watershed District. (Prepared by John Oliver and
Associates, Inc.)
Plan C --
Tree Preservation and Replacement Plans and Landscaping Plan, Not
required for this Plat.
Plan D --
One set of mylar reproducible Plans for Developer Improvements
(prepared by John Oliver and Associates, Inc.)
8. 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
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 3
04/02/97
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.
9. 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. The City will prepare as-built record drawings.
10. 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, certified by a Registered Engineer or
Surveyor.
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 4
04/02/97
c. As-built 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 ftnal plans and speciftcations. The personnel performing the
testing shall be certifted 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
11. 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.
12.
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 this contract, 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.
13. OCCUPANCY. A 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
I: \96fi1es\96subdiv\ final\ wilds3\ wld3devc. doc 5
04/02/97
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.
14. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by November 1, 1997, 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.
15. 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.
16. 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 bacldilling
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
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc
04/02/97
6
'Jj~
development, utility or street construction will be allowed and no building permits will be issued unless
the Plat is in full compliance with the erosion control requirements.
17. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the
Developer shall identify in writing a responsible party for erosion control, street cleaning, and street
sweepmg.
18. 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 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.
19.
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.
20. 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
I: \96files\96subdiv\final\ wilds3\ wld3devc. doc 7
04/02/97
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,
assuming normal construction and project scheduling.
21. 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. 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.
22. TRUNK STORM SEWER AREA CHARGE. The Developer shall pay a trunk storm
sewer area connection charge of $140,287.56 prior to the City signing the fInal Plat. The amount was
calculated as follows: 835,045 square feet at 16.8<;: per square foot.
23. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary
sewer and watermain trunk area charge of $67,095.00 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: 19.17 acres at $3500.00 per acre.
24. COLLECTOR STREET FEE. This Development Contract requires the Developer to
pay a collector street fee of $0.00 for collector street improvements prior to the City signing the final
Plat. The Plat is exempt from the Collector Street Fee because the Developer has assumed all financial
responsibility for the construction of Wilds Parkway which serves as a collector street for the Wilds
PUD development.
25. PARK AND TRAIL DEDICATION. Not required for this Plat.
26. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LJ,GHTS AND
OPERATIONAL COSTS. Before the City signs the fInal Plat, the Developer shall pay to the City
$700.00 for installation of traffic control signs and street signs. The Developer shall be fmancially
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 8
04/02/97
...l'
- -- .-- .....--
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.
In accordance with the City's Residential Street Lighting Policy, the Developer shall pay for the
operation and maintenance of the light system until final written acceptance of the project by the City, at
which time the billing shall be transferred to the City. The street light plan must be acceptable to the
City Engineer.
27. LANDSCAPING (Sinl!le-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 occupancy. 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 at the time of the building 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.
28. TREE PRESERVATION AND REPLACEMENT. Not required for this Plat.
1: \96files\96subdiv\final\ wilds3\ wld3devc.doc 9
04/02/97
29. 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
("Security") for $503,486.40, plus a cash fee of $294,757.26 for City Development Fees. The amount
of the Security was calculated as follows:
DEVELOPER Il\tIPROVEMENTS COSTS:
Sanitary Sewer
Watermain
Storm Sewer
Streets
$ 79,026.41
$ 107,885.09
$ 64,652.12
$ 151,225.50
$ 402,789.12
X 1.25
$ 503,486.40
ESTIMATED DEVELOPER Il\tIPROVEMENTS SUBTOTAL
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
CITY DEVELOPMENT FEES:
City Construction Observation (6%) (21)
$
$
24,167.35
City Administration Fee (6.0%) (20)
24,167.35
Trunk Storm Sewer Area Charges (22)
(R-l, R-2 & R-4 = 16.8C per square foot)
(R-3 & Residential PUD's = 19.5C per square foot)
(B-1, B-2, B-3, 1-1 & 1-2 = 20.3C per square foot)
$
140,287.56
Sanitary Sewer and Watermain Trunk Area Charges (23)
($3,500.00 per acre)
$
67,095.00
1: \96files\96subdiv\final\ wilds3\ wld3devc.doc 10
04/02/97
Collector Street Fees (24)
($1,500.00 per acre)
$
0.00
Park Dedication Fee (if in lieu of land) (25)
$
0.00
Street and Traffic Control Signs (26)
($100.00 per sign)
$
700.00
CSAH 83 Improvements
$
38,340.00
TOTAL CITY DEVELOPMENT FEES
$
294,757.26
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, 1999. 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.
30. 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" plans and information have been received by the City. The City Public Works Design Manual
outlines the procedures for Security reductions.
1:\96files\96subdiv\final\wilds3\wld3devc.doc 11
04/02/97
31. 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
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.
32. 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 16 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 one (1) year for streets and two (2) years 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 shall begin effective the date that 'the
City Engineer accepts, in writing, all of the completed Developer Improvements.
I: \96fi1es\96subdiv\final\ wilds3\ wld3devc.doc 12
04/02/97
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.
33. OVERSIZING. City and Developer agree that the Developer Improvements should be
oversized for the benefit of future development. City and Developer agree that the cost of system
oversizing to be reimbursed to the Developer is $0.00 based upon an estimate as determined by the City
Engineer using the City's Assessment Policy.
Developer waives any and all claims, assertions, causes of action, in law or in equity, as to the
costs and calculations and/or determinations of them, as made by or on behalf of City to determine the
cost for all "oversizing and upgrading" requirements of Developer as may be specified and contained in
this Contract or attachments hereto. The parties acknowledge and agree that the fees and costs allocated
to City and Developer, as set forth herein and in Exhibit D attached hereto, may be based upon
estimated costs made by or on behalf of City. The cost of oversizing the Developer Improvements, as
estimated by or on behalf of the City, is binding upon City and Developer.
Developer shall install on behalf of the City those Developer Improvements itemized in Exhibit
D. The City shall pay to the Developer for the cost of oversizing said Developer Improvements an
amount not to exceed the amount set forth in Exhibit D for each item under City costs. Once the City
Engineer approves the construction costs or estimates, there will not be any reimbursement to the City
by the Developer or by the Developer to the City for "Other Costs" as set forth above.
34. STORM WATER DRAINAGE IMPROVEMENTS. The City will reimburse the
Developer for the costs to construct drainage facilities as required for storm water control as determined
and approved by the City Engineer. The construction cost of such facilities to be credited shall be
I: \96files\96subdiv\final\ wilds3\ wld3devc. doc 13
04/02/97
limited to catch basins, manholes, conduit, pond excavation, water quality control structures and
landscaping around newly constructed water quality treatment ponds.
35. 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
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 thirty (30) 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 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.
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc
04/02/97
14
36. SPECIAL PROVISIONS. The following special provisions shall apply to Plat
development:
A. Implementation of the conditions listed in the Resolution approving the fInal Plat.
B. The Developer is required to submit the fInal Plat in electronic format. The
electronic format shall be compatible with the City's software.
37. RESPONSIBILITY FOR COSTS.
A. Once the City Engineer approves the construction costs or estimates, there will
not be any reimbursement to the City by the Developer or by the Developer to the City for "Other
Costs" as set forth herein.
B. The Developer shall hold the City and its officers, employees, and agents
hannless from claims made by itself and third parties for damages sustained or costs incurred resulting
from Plat approval and development. The Developer shall indemnify the City and its officers,
employees, and agents for all costs, damages, or expenses which the City may payor incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
D. 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.
38. 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
I: \96fi1es\96subdiv\ final\ wilds3\ wld3devc.doc 15
04/02/97
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.
39. 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.
40. MISCRT1ANEOUS.
A. The Developer represents to the City that the Plat complies with all city, 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
I: \96fi1es\96subdiv\final\ wilds3\ wld3devc.doc 16
04/02/97
public from traveling on same and directing attention to detours. If and when streets become
impassable, such streets shall be barricaded and closed.
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.
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 building permits, 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 within 300 feet of an existing roadway for
access. If building permits 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 until the utilities are accepted and no certificate 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.
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.
1: \96fi1es\96subdiv\final\ wilds3 \ wld3devc. doc 17
04/02/97
H. This Contract shall run with the land and may be recorded against the title to the
property. 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.
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.
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 18
04/02/97
'"
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.
41. 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 accordingly. 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 ammended to be consistent with the fees estabnlished in a standardized contract. The provisions of
this paragraph shall be null and void, without any further action, one (1) year from the date the City
Council approves this Development Contract.
42. 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: Shamrock Development, Inc., 3151 Wilds Ridge, 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 Suesan Lea Pace, Esq. at Campbell, Knutson,
Scott & Fuchs, P.A., 1380 Corporate Center Curve, Suite 317, Eagan, Minnesota 55121.
43. INTERPRETATION. This agreement shall be interpreted in accordance with and
governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Contract as a whole
1:\96files\96subdiv\final\ wilds3\wld3devc.doc 19
04/02/97
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.
44. SEVERABIL,TY. In the event any provisions of this Contract shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
45. COUNTERPARTS. This Contract may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute one and the same
instrument.
46. JURISDICTION. This Contract shall be governed by the laws of the State of
Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Lydia Andren, Mayor
By:
Frank Boyles, City Manager
Reviewed for Form and Execution:
DEVELOPER:
By:
Suesan Lea Pace
City Attorney
By:
Its:
By:
Its:
I: \96fi1es\96subdiv\final\ wilds3\ wld3devc.doc 20
04/02/97
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of , 19_,
by Lydia Andren, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA)
( 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this
19_, by
day of
NOTARY PUBUC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P .A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1:\96fiIes\96subdiv\final\wilds3\wld3devc.doc 21
04/02/97
FEE OWNER CONSENT
TO
DEVELOPl\1ENT 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 PUBUC
DRAFfED BY:
Campbell, Knutson, Scott
& Fuchs, P .A.
317 Eagandale Office Center
1380 Corporate Center Gurve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 22
04/02/97
MORTGAGE CONSENf
TO
DEVELOP:MENf 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 PUBUC
DRAFfED BY:
Campbell, Knutson, Scott
& Fuchs, P .A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
I: \96fi1es\96subdiv\final\ wilds3\ wld3devc. doc 23
04/02/97
CONTRACT PURCHASER CONSENT
TO
DEVELOPl\1ENT 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 PUBUC
DRAFfED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
I: \96fi1es\96subdiv\final\ wilds3\ wld3devc.doc
04/02/97
24
;0----
EXlDBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
I: \96files\96subdiv\fina1\ wilds3\ wld3devc.doc 25
04/02/97
EXHIBIT "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 Developer! 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: \96files\96subdiv\final\ wilds3\ wld3devc.doc 26
04/02/97
-r--- --- W:-T
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:
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 27
04/02/97
Operations of Contractor: ~
Operations of Sub-Contractor (Contingent): m
Does Personal Injury Include Claims Related to Employment? m
Completed Operations/Products: m
Contractual Liability (Broad Form): ~
Governmental Immunity is Waived: ~
Property Damage Liability Includes:
Damage Due to Blasting ~
Damage Due to Collapse m
Damage Due to Underground Facilities ~
Broad Form Property Damage ~
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(Xl 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 TEN (10l DAYS WRITTEN NOTICE TO THE
PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1: \96files\96subdiv\final\ wilds3\ wld3devc.doc 28
04/02/97
---y- ~-
y.-y-
ExmBIT "D"
TO
DEVELOPMENT CONTRACT
Oversizing and Storm Sewer Improvements Calculations for Developer Improvements
A. OVERSIZING
There are no oversizing requirements with this Plat.
B. STORM SEWER IMPROVEMENTS (From Exhibit "E")
Storm Sewer Costs: $ 64,652.12
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc 29
04/02/97
EXlDBIT "E"
TO
DEVELOPMENT CONTRACT
ESTIMATED CONSTRUCTION COSTS
I: \96files\96subdiv\final\ wilds3\ wld3devc. doc 30
04/(f1./97
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 SUBDMSIONS
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 where 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 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.
In cases where developers wish to install more lights than warranted by City policy, or wish to install non-standard lights, monthly
operation and maintenance becomes the responsibility of the development's residents through their homeowner's association or similar
organization. The City will not take over such non-standard systems, though City approval shall still be required.
EXISTING SUBDMSIONS
Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis
of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation,
significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends
to the City as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of the neighbors
affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the
street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City prior to circulating
their petition to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they
meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet where the distance
between intersections is greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the
cul-de-sac where 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 the 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 cost 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, 100 or
150 watt high pressure sodium lights in cobra-head or traditional style shall be the standard.
1:\96files\96subdiv\final\wilds3\wld3devc.doc 31
04/02/97
I: \96files\96subdiv\final\ wilds3\ wld3devc.doc
04/02/97
EXIllBIT "G"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
32