HomeMy WebLinkAbout7A - Maple Hills Homes Association
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
7A
GREG ILKKA, PUBLIC WORKS DIRECTOR/CITY
ENGINEER
CONSIDER APPROVAL OF RESOLUTION 97 -XX
APPROVING DEVELOPERS AGREEMENT FOR
MAPLE HILL HOMES ASSOCIATION SANITARY
SEWER AND WA TERMAIN
JULY 21,1997
SUBJECT:
DATE:
INTRODUCTION:
The purpose of this agenda item is to consider approval of
the Developer's Contract for Maple Hill Homes Association
sanitary sewer and watermain construction. This project
will provide sanitary sewer and water to nine lots.
DISCUSSION:
Staff has reviewed the plans and specifications prepared
by Nyhus Engineering and finds them to be in accordance
with City standards. Special conditions placed upon the
project have been accounted for in the plans and are listed
in Exhibit D of the Development Contract. City charges for
sewer and water are detailed in the attached development
contract.
The developer's contract specifies the improvements to be
made by the developer, and a signed copy of the contract
is attached to this report. Staff will be available to discuss
the details of this contract with the Council.
ALTERNATIVES:
1. Adopt Resolution 97 -XX, approving the Development
Contract for Maple Hill Homes Association.
2. Deny Resolution 97-XX
3. Defer consideration of this item for specific reasons.
RECOMMENDATION:
Alternative #1
ACTION REQUIRED:
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16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTLNITY E"'lPLOYER
RESOLUTION 97-XX
RESOLUTION TO APPROVE THE DEVELOPMENT CONTRACT WITH
MAPLE HILL HOMES ASSOCIATION FOR SANITARY SEWER AND
WATERMAIN.
MOTION BY: SECOND BY:
WHEREAS, Maple Hill Homes Association is proposing to construct sanitary sewer and
watermain to serve homes and lots in the plat; and
WHEREAS, the Development Contract spells out the Citys obligations and the Developers
obligations in the installation of these improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA, the Mayor and the City Manager are hereby authorized to sign
the Development Contract with Maple Hill Homes Association.
Passed and adopted this 21st day of July, 1997.
YES NO
Andren Andren
Kedrowski Kedrowski
Schenck Schenck
Mader Mader
Vacant Vacant
(Seal} City Manager
City of Prior Lake
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16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY E",IPLOYER
DEVELOPMENT CONTRACT
MAPLE IllLL
CITY PROJECT #97-31
AGREEMENT dated July 21, 1997, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation ("City"), MAPLE IllLL HOMES ASSOCIATION (the
"Developer"), a Minnesota non-profit corporation.
1. 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.
2. DEVELOPMENT PLANS. The project 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 --
Sanitary Sewer and Watermain Plans prepared by Nyhus Engineering,
bearing a date of June 25, 1997.
Plan B --
One set of mylar reproducible Plans for Developer Improvements prepared
by Nyhus Engineering, bearing a date of June 25, 1997.
3. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the
following:
A. Sanitary Sewer System
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B. Water System
The improvements shall, except as otherwise explicitly specified herein, be installed in accordance with
the City subdivision ordinance; City standard specifications for utilities and street construction; the
City's Public Works Design Manual and any other applicable City ordinances, all of which are
incorporated herein by reference. The Developer shall submit plans and specifications which have been
prepared by a Minnesota registered professional civil engineer to the City for approval by the City
Engineer. The Developer shall obtain all necessary permits 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 the Developer's
engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff, to
review the program for the construction work.
4. CONSTRUCTION OBSERVATION.
a. The City's authorized personnel shall inspect the DEVELOPER
Il\.1PROVEMENTS in accordance with the Public Works Design Manual. Inspection services by
the City shall include:
1. Inspection of required improvements which include sanitary sewer and
watermain.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer and watermain. The City
will prepare as-built record drawings.
5. DEVELOPER SERVICES. The Developer shall be responsible for providing all other
construction services including, but not limited to:
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a. Construction surveying; and
b. 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.)
c. Proiect 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.
6. TIME OF PERFORMANCE. The Developer shall install all required sanitary sewer and
watermain improvements by December 1, 1997. 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.
7. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the property to perform all work and inspections deemed
appropriate by the City in conjunction with project development.
8. EROSION CONTROL. Prior to initiating the project, an erosion control plan shall be
implemented by the Developer and inspected and accepted by the City. The City may impose additional
erosion control requirementS( at no cost to the City) if, in the City Engineer's opinion they are necessary
to meet erosion control objectives. 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
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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.
9.
OWNERSHIP OF IMPROVEMENTS.
Upon completion of the Developer
Improvements required by this Contract and fmal written acceptance by the City Engineer, the
improvements lying within public easements shall become City property without further notice or action.
10. 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 as
outlined in Paragraph 13 of this contract for this service shall be six percent (6 %) of the estimated
construction cost as detailed in Exhibit A, assuming normal construction and project scheduling.
1I. 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, pan or full-time inspection of
proposed public utilities and preparation of "as-built" drawings.
12. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary
sewer and watermain trunk area charge of $20,195 shall be paid by the Developer for sanitary sewer and
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watermain trunk improvements prior to the City signing this contract. The amount was calculated as
follows: 5.77 acres (calculated in Exhibit C) at $3500.00 per acre.
13. SECURITY. To guarantee compliance with the terms of this Contract 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 as
Exhibit B, from a bank: ("Security") for $95,448.19, plus a cash fee of $29,358.02 for City Development
Fees. The amount of the Security was calculated as follows:
DEVELOPER IMPROVEMENTS COSTS:
Sanitary Sewer
Watermain
$
$
49,393.80
26,964.75
ESTIMATED DEVELOPER Il\1PROVEMENTS SUBTOTAL
$
76,358.55
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
95,448.19
CITY DEVELOPl\1ENT FEES:
City Administration Fee (6.0%) (10)
$ 4,581.51
City Construction Observation (6%) (11)
$ 4,581.51
Sanitary Sewer and Watermain Trunk Area Charges (12)
($3,500.00 per acre)
$ 20,195.00
TOTAL CITY DEVELOPMENT FEES
$ 29,358.02
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
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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 at the expiration of the
notice period set out in Paragraph 19 of this contract for any uncured violation by the Developer 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.
14. 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"
information have been received by the City. The City Public Works Design Manual outlines the
procedures for Security reductions.
15. 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
underground utilities is two years. The warranty period on underground utilities shall commence
following their completion and acceptance by the City. The Developer shall post a performance/warranty
bond, in the form shown in Exhibit E attached hereto or another form acceptable to the City, to secure
the warranties. 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 identify the procedures for fInal acceptance of utilities.
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16. REDUCTION OF SECURITY TO ZERO PERCENT (0%). The Security guaranteeing
satisfactory performance of the Developer Improvements can be reduced to 0% of the original cost of the
construction by the City Engineer by providing the City a performance/warranty bond, in the form
shown in Exhibit E attached hereto or another form acceptable to the City, from the Developer or its
contractors in an amount equal to the construction costs which shall be in force for two (2) years for
utilities (the "Warranty Period It) 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.
17. 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 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: a) the Developer
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.. ,
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, b) the minimum monthly interest penalty payment for an unpaid balance of $100
or more is $10, c) for an unpaid balance of less than $100, the Developer shall pay the actual interest
penalty due to the subcontractor, and d) 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.
18. 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 nor to the Developer by the City for deviations in the
actual construction costs from the Development Contract amounts.
B. The Developer shall, except for the Construction Observation work set forth in
Paragraph 4 above, 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 project development and
construction. 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 I fees_
C. The Developer shall reimburse the City for costs incurred in the enforcement by
the City 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 construction of the Developer's Improvements 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.
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19. DEVELOPER'S DEFAULT. In the event of any violation by the Developer of the terms
of this Contract or in the event of a 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
detennined by the City, is fIrst given notice of such violation or the work in default, not less than 5 days
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 the Property. 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.
20. 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 the uncured violation or breach of this this
Development Contract by the Developer.
21. MISCELLANEOUS.
A. The Developer shall be responsible for all costs associated with defective
worlananship or material in the Developer Improvements until the end of the warranty period.
B. 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.
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..
C. Third parties shall have no recourse against the City under this Contract.
D. An uncured 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. 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 pertains to Lot 10, Block 1, Maple Hill ("Property") and 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; that there
are no unrecorded interests in the Property; 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
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certificate evidencing coverage prior to the City signing this Contract. 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 [rom 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 during the
pendency of this Contract even if the Developer sells the Property. After the warranty period shall have
run the City will , at the Developer's request, execute and deliver to the Developer a release of this
Contract in recordable form.
K. The Developer shall comply with the requirements of the Special Conditions
outlined in Exhibit D.
22. 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: Maple Hills Homes Association, C/O Mr. Jim Boerhave, 14243 Mitoka Circle
NE, 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,
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Eagan, Minnesota 55121. Any party may change the party to whom notices shall be sent and/or the
address where notices shall be sent by giving the other party notice of such change in the manner
specified above, 10 days prior to the effective date of such change.
23. INTERPRETATION. This agreement shall be interpreted III 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.
24. SEVERABILITY. 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.
25.
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.
26. JURISDICTION. This Contract shall be governed by the laws of the State of Minnesota.
27. REASONABLE JUDGEMENT. The City shall use reasonable judgement in making its
engineering determinations under this Contract.
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(SEAL)
Reviewed for Form and Execution:
By:
Suesan Lea Pace
City Attorney
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CITY OF PRIOR LAKE
By:
Lydia Andren, Mayor
By:
Frank Boyles, City Manager
DEVELOPER: Maple Hill Homes
~SE~
Its: President
By:Q~~ K~
Its: ~ ~.
13
5I A IE OF MINNESOI A )
( ss.
COUNTY OF SCOTT )
The foregoing instrument was aclmowledged 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 )
( ss.
COUNTY OF Su:rr )
-ct:::
The foregoing instrument was acknowledged before me this 10 day of ~ '
1917, by James E. Boerhave, President of Maple Hill Homes Association, a Minnes n -profit
corporation, on behalf of the corporation.
N~:C'BL~;J
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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STATEOF:MINNESOTA )
) ss.
COUNTY OF )
-a;:-
The foregoing instrument was acknowledged before me this J I, day of (\,~ . .. ---'
19 q 7 . by Phylis Kramer, the Secretary~ Treasurer of Maple Hill Homes Assoc~
non-profit corporation, on behalf of the corporation.
· e ANGELA JASPERS I'
NOTARY PUBlIc-MINNESOTA
SCOTT COUNTY
.., ConIriIIiOn Ellpi8I JAN 31. 2m)
14 a
EXHIBIT A
To John Wingard City of Prior Lake
From: LEROY NYHUS 1-800-446-5038
Sheet1
MAPLE HILLS ADDITION
ENGINEER'S ESTIMATE
SECTION A, SANITARY SEWER
QUAN.MEAS ITEM
0.5 ACRE SEEDING, SEED. & MULCH
50 SQYD LAWN & BOULEVARD SOD
855 TONS AGGREGATE BASE. 8" CL. 5 100% CRUSHED QUARRY ROCK
854 L.F. 8" PVC SANITARY SEWER SDR 35
793 L.F. 8" PVC SANITAR;Y SEWER SDR 18
300 LF 4" PVC SANITARY SEWER SERVICE PIPE SDR 26
2 EACH 8" X 4" PVC SEWER WYES. SDR 35
7 EACH 8" X 4" PVC SEWER WYES, SDR 18
12 EACH STANDARD MANHOLES
12 EACH MANHOLE CASTINGS
9 EACH SANITARY SEWER SERVICE MARKERS
1 EACH CONNECT TO EXISTING SANITARY SEWER
400 L.F. SILT FENCE
1 L.S. PRESSURE TESTING SDR 18 SANITARY SEWER
1 L.S. BARRICADE AND DETOUR SIGNS
SECTION B. WATERMAIN
QUAN.MEAS ITEM
0.5 ACRE SEEDING, SEED, & MULCH
50 SQYD LAWN & BOULEVARD SOD
495 TONS AGGREGATE BASE, 8" CL. 5 100% CRUSHED QUARRY ROCK
955 LF 6" DIP WATERMAIN, CL. 52
500 LBS DIP FITTINGS
3 EACH FIRE HYDRANTS WfTlERODS OR RETAINER GLANDS
5 EACH 6" GATE V ALVES & BOXES
250 L.F 1" COPPER WATER SERVICE
7 EACH 1" CORPORATION STOPS W/SADDLES
7 EACH 1" CURB STOPS & BOXES
7 EACH WATER SERVICE MARKERS
GRAND TOT A
Page 1
12/12196 10:50:50 Page 2 of:::
IlECEIYED DEe 1 2 1997
UNIT PRICE EXTENSION
$ 370.00 $ 185 00
$ 1.10 $ 55.00
$ 7.85 $ 6,71175
$ 12.65 $ 10,80310
$ 15.15 $ 12,01395
$ 840 $ 2,52000
$ 40.00 $ 80.00
$ 60.00 $ 42000
$ 1.02000 $ 12,24000
S 200.00 $ 2,400 00
S 5.00 S 4500
$ 500 00 S 500 00
$ 1.50 S 60000
S 320 00 S 320 00
$ 500.00 S 500 00
TOTAL = S 49,39380
UNIT PRICE
$ 37000
$ 1.10
S 785
$ 15.00
S 1.00
$ 1,180.00
$ 395.00
$ 700
$ 30.00
$ 72.00
$ 5.00
EXTENSION
S 185 00
S 5500
$ 3,88575
S 14.32500
S 500.00
S 3,54000
S 1,975.00
S 1,750 00
$ 210.00
$ 504.00
$ 35 00
TOTAL = $ 26,96475
TOTAL = $ 76,35855
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:
19
a) Bear the clause, "Drawn under Letter of Credit No.
, 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
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EXHIBIT C
Telephone
612-445-9154
BOERHA VE LAND SURVEYING, INC.
14243 Mitoka Circle N.E.
Prior Lake, Minnesota 55372
MEMORANDUM
January 2, 1997
IICII'E. JAtI- ! 117
From: Jim Boerhave
To: John Wingard
Subject: Maple Hill Sewer & Water
AREA TABULATION
Lot 1, Block 1 34,625 sq. ft. 0.79488 ac.
Lot 2, Block 1 26,404 sq.ft. 0.60615 ac.
Lot 3, Block 1 20,382 sq.ft. 0.46791 ac.
Lot 4, Block 1 21,905 sq.ft. 0.50287 ac.
Lot 5, Block 1 20,302 sq.ft. 0.47707 ac.
Lot 6, Block 1 27,334 sq. ft. 0.62750 ac.
Lot 7, Block 1 31,833 sq.ft. 0.73079 ac.
Lot 8, Block 1 37,150 sq. ft. 0.85285 ac.
Lot 9, Block 1 31,009 sq.ft. 0.71187 ac.
Lo+ fo () loe. k A\t \)(~ \ '('\ o...~ ~ U. t~ \ ~-t-y tQ?evt\e~
J
"'-04-0.. \ 5
250) '\44 $9:>.H.
5"" .17 Ac.fes
EXHIBIT "D"
SPECIAL CONDITIONS
1. A twenty foot unobstructed width will be provided for frre access. Compliance with this
provision will be as determined by the Prior Lake Fire Chief.
2. Installation of the sanitary sewer and watermain will comply with a ten foot horizontal
separation, deviation from this requirement to avoid loss of mature trees will be on a case by case
basis as approved by the City Engineer.
3. In order to accomplish appropriate sewer service billings, each homeowner within the Maple
Hills plat will be required to purchase, and have installed at their own expense, a water meter.
Water meters can be obtained at the Prior Lake Maintenance Center.
4. The Developer will construct the watcrmain from the east right-of-way line of Pike Lake Trail to
the east along the private street to serve Lots 1 through 9 of Block 1 of Maple Hill.
5. The Developer will construct sanitary sewer from the existing 8" line located along the north
edge of the Maple Hill plat to the south 600 feet along Pike Lake Trail and to the east of Pike
Lake Trail along the private street to serve Lots 1 through 9 of Block 1 of Maple Hill.
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'.
EXIllBIT E
Bond No.
PERFORMANCEIW ARRANTY BOND
KNOWN BY ALL PERSONS BY THESE PRESENTS, that we
and _/100 dollars ($
severally bind themselves and their
firmly by these presents.
(Principal) and
(Surety) are held and firmly bound unto the
(Obligee), in the amount of
) for payment whereof Principal and Surety jointly and
respective heirs, successors, assigns and legal representatives
WHEREAS, Principal has heretofore deposited with the City of Prior Lake, a Letter of Credit to
guaranty the completion of payment for and maintenance of the public improvements as set forth in
the Developer's Agreement dated between Principal and Obligee for _
including, but not limited to,
Sanitary Sewer, Watermain, (the Public Improvements); and
WHEREAS, the construction of the Public Improvements associated with the Developer's Agreement
were completed and the Principal received acceptance on and the Principal has
requested the Obligee to reduce the Letter of Credit; and
WHEREAS; the Obligee is willing to reduce the Letter of Credit only if they are replaced by a
Performance/Warranty Bond in an amount equal to the original cost of the completed improvements,
in the penal sum of $ to guaranty performance of the Principal's obligations as set
forth in the Developer's Agreement.
NOW THEREFORE, if the Principal shall for and within the period of time from and after the actual
Completion Date and the acceptance of the Developer Improvements as set forth in the Developer's
Agreement and through the Warranty Period; (1) repair any damage to the Public Improvements
caused by the Principal, its agents, servants, employees, successors or assigns, or any subcontractor
hired by such contractor, (2) repair or replace any defective workmanship or material in the Public
Improvements, and (3) make good and protect the Obligee against the results of any defective
workmanship or materials appearing to have been incorporated in any part of the Public Improvements
which shall have appeared or been discovered within the period of time after the Completion Date and
the acceptance of the Developer Improvements as set forth in the Developer's Agreement through the
Warranty Period, and cover all obligations including attorney fees, administrative costs, and all
Developer obligations for payment of contractors, subcontractors and suppliers/materialmen as
required by the Developer's Agreement, then this obligation shall be null and void; otherwise, to
remain in full force and effect.
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17
For purpose of this Performance/Warranty Bond, Principal and Surety agree that in the event that any
Public Improvements are damaged, the burden shall be on the Principal to show that such damage was
not caused by Principal, its agents, servants, employees, successors or assigns or by any contractor
hired by Principal, its agents, servants, employees, successors or assigns, or any subcontractor hired
by such contractor;
Any suit under this Bond must be instituted before the expiration date of two (2) years after the
Completion Date;
No right of action shall accrue under this Bond to or for the use of any person or corporation other
than the Obligee, its successors or legal representatives.
Any notice required hereunder shall be deemed properly served when deposited in the U.S. Mail,
certified, postage prepaid, addressed to any party at its address hereinafter set forth.
SIGNED, SEALED AND DATED this
day of
19----:.
In the presence of:
Principal
By:
Surety
By:
Attorney-in-Fact
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