HomeMy WebLinkAbout8C - North Shore Oaks 7th Addition
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STAFF AGENDA REPORT
DATE:
8C
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 97 -XX
APPROVING FINAL PLAT AND DEVELOPERS
CONTRACT FOR "SEVENTH ADDITION TO
NORTH SHORE OAKS"
JULY 7,1997
AGENDA #:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this agenda item is to consider approval of
the final plat and Developer's Contract for Seventh
Addition to North Shore Oaks. The original preliminary
plat for the North Shore Oaks area in 1968, and the plat
has developed in several stages since then. This final plat
is the last phase of the North Shore Oaks development.
The final plat consists of 4.4 acres to be subdivided into 13
lots for single family dwellings.
DISCUSSION:
The principal requirements for final plat approval include a
signed developer's contract with surety for the installation
of utilities and streets and the satisfactory completion of all
preliminary plat conditions.
Staff has reviewed the final plat and finds it to be in
substantial compliance with the approved preliminary plat
approved in 1968. Some of the lots may not be consistent
with the current standards for lot area and width; however,
these lots are consistent with the approved preliminary
plat. The conditions placed upon the final plat approval
have been satisfied, or will be accounted for in the
Developer's Contract and in Resolution 97 -XX approving
the final plat. There is no park dedication required in this
plat; City charges for sewer and water, storm water
management and collector streets at the current rates 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
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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 OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
is attached to this report. Staff will be available to discuss
the details of this contract with the Council.
1. Adopt Resolution 97 -XX, approving the final plat for
Seventh Addition to North Shore Oaks and the
Developer's Contract.
2. Deny Resolution 97-XX
3. Defer consideration of this item for specific reasons.
Alternative #1
Motion and second to adopt
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RESOLUTION 97-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL PLAT
OF "SEVENTH ADDITION TO NORTH SHORE OAKS" 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 preliminary plat in approximately 1968; and
WHEREAS: the City Council has found that the final plat of "Seventh Addition to North Shore Oaks" is
in substantial compliance with the approved preliminary plat; and
WHEREAS: The City Council has approved the final plat of "Seventh Addition to North Shore Oaks".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it should and hereby does require the following
conditions to be met, prior to release of, and recording of said plat:
1. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures be submitted.
5. The developer provide financial security, acceptable to the City Engineer prior to release of the final
plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 60 days from the
date of final plat approval. Failure to record the documents by September 7, 1997, will render the
final plat null and void.
Passed and adopted this 7th day ofJuly, 1997.
YES
NO
ANDREN
VACANT
KEDROWSKI
MADER
SCHENCK
ANDREN
VACANT
KEDROWSKI
MADER
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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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 OPPORTUNllY EMPLOYER
DEVELOPMENT CONTRACT
SEVENTH ADDITION TO NORTH SHORE OAKS
EROJECI #97-38
AGREEMENT dated July 7, 1997, by and between the CITY OF PRIOR LAKE, a Minnesota
municipal corporation ("City"), and North Shore Oaks, Inc. (the "Developer").
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
Plat for Seventh Addition to North Shore Oaks Addition (referred to in this Contract as the "Plat"). The
land is legally described as:
Outlot A, FIFTH ADDITION TO NORTH SHORE OAKS, Scott County, Minnesota,
according to the recorded plat thereof.
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, 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.
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
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of subsequent phases may not proceed until Development Contracts for such phases are approved by the
City. Fees and charges collected by the City in connection with infrastructure and public improvements
are not being imposed on outlots, if any, in the Plat that are designated in an approved preliminary Plat
for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots
are subdivided into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary
Plat, the Developer shall submit a Staging Plan for City Council approval which may allow the
Developer more than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the
following plans. The plans shall not be attached to this Contract, but are incorporated by reference and
made a part of this Contract as if fully set forth herein. If the plans vary from the written terms of this
Contract, the written terms shall control. The plans are:
Plan A --
Approved Final Plat Dated 6/13/97 (prepared by Valley Surveying)
Plan B --
Final Grading, Development, and Erosion Control Planes). The soil
erosion plan must also be approved by the Prior Lake/Spring Lake
Watershed District. Dated 6/13/97 (prepared by RLK Associates)
Plan C --
Landscaping Plan Dated June 13, 1997 (Prepared by Valley Surveying)
Plan D --
One set of mylar reproducible Plans and Specifications for Developer
Improvements
Plan E --
Street Lighting Plan Dated 6/20/97
7. DEVELOPER IMPROVEk/ENTS. The Developer shall install and pay for the
following:
A. Sanitary Sewer System
B. Water System
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C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
-
G. Site Grading and Ponding
H. Underground Utilities
I. Setting of Iron Monuments
J. Sidewalks and Trails
K Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utilities and street construction; the City's Public WorkS Design Manual and
any other applicable City ordinances, all of which are incorporated herein by reference. The Developer
shall submit plans and specifications which have been prepared by a Minnesota registered professional
civil engineer to the City for approval by the City Engineer. The Developer shall obtain all necessary
permits from the Metropolitan Council and other agencies before proceeding with construction. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City's
authorized personnel. The Developer or his engineer shall schedule a preconstruction meeting with all
parties concerned, including the City staff, to review the program for the construction work. Before the
security for the completion of utilities is released, iron monuments must be installed in accordance with
Minn. Stat. ~ 505.02. The Developer's surveyor shall submit a written notice to the City certifying that
the monuments have been installed.
8. CONSTRUCTION OBSERV AT/ON.
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:
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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.
9. DEVELOPER SERVICES. The Developer shall be responsible for providing all other
construction services including, but not limited to:
a. Construction surveying
b. As-built drawings of grading plans.
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 hnprovements were completed in
compliance with the approved fInal plans and specifIcations. The personnel performing the
testing shall be certifIed by the Minnesota Department of Transportation. The City Engineer may
require additional testing if in his opinion adequate testing is not being performed. The cost of
additional testing is to be paid by the Developer.
e. Lot comers and monuments
10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within 30 days of the completion of street related improvements and restore all
other areas disturbed by the development grading operation in accordance with the approved erosion
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control plan. Upon request of the City Engineer, the Developer shall remove the silt fences after turf
establishment.
11.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
fIrst. At the end of the one year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
12. OCCUPANCY. A permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
been completed and the first lift of bituminous has been placed and said improvements have been
inspected and determined by the City to be available for use.
13. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by 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.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with Plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose
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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.
16. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the
Developer shall identify in writing a responsible party for erosion control, street cleaning, and street
sweeping.
17. GRADING PLAN. The Plat shall be graded in accordance with th~ approved grading;
development and erosion control planes), Plan "B". The plan shall conform to City of Prior Lake Public
Works Design Manual.
Before the City releases the security, the Developer shall provide the City' with an "as
built" grading plan and a certification by a registered land surveyor or engineer that all ponds, swales,
and ditches have been constructed on public easements or land owned by the City. The "as built" plan
shall include field verifIed elevations of the following: a) cross sections of ponds, b) location and
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elevations along all swales and ditches, and c) lot corners and house pads. The City may withhold
issuance of building permits until the approved certified grading plan is on fIle with the City and all
erosion control measures are in place as determined by the City Engineer.
18.
OWNERSHIP OF IMPROVEJl1ENTS.
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.
19. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These
activities include, but are not limited to, preparation of the Development Contract, consultation with
Developer and its engineer on the status of or problems regarding the project, project monitoring during
the warranty period, processing of requests for reduction in security, and City legal expenses. Fees for
this service shall be six percent (6 %) of the estimated construction cost as detailed in Exhibit E, less
oversizing costs outlined in Exhibit D, Section A, assuming normal construction and project scheduling.
20. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%)
of the estimated construction cost, less oversizing costs as outlined in Exhibit D, Section A, for
construction observation performed by the City I S authorized personnel. Construction observation shall
include, but is not limited to, part or full-time inspection of proposed grading, public utilities and street
construction, and preparation of "as-built" drawings.
21. TRUNK STORM SEWER AREA CHARGE. The Developer shall pay a trunk storm
sewer area connection charge of $27,372.00 prior to the City signing the final Plat. The amount was
calculated as follows: 162,928 square feet at 16.8C per square foot.
22. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary
sewer and watermain trunk area charge of $13,090.00 shall be paid by the Developer for sanitary sewer
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and watermain trunk improvements prior to the City signing the fInal Plat. The amount was calculated as
follows: 3.74 acres at $3500.00 per acre.
23. COLLECTOR STREET FEE. This Development Contract requires the Developer to
pay a collector street fee of $5,610.00 for collector street improvements prior to the City signing the
fmal Plat. The amount was calculated as follows: 3.74 acres at $1500.00 per acre.
24. PARK AND TRAIL DEDICATION. Park and Trail dedication requirements for this
fInal plat were satisfIed by previous dedications. No new or additional dedications are required.
25. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS. Before the
City signs the fmal Plat, the Developer shall pay to the City $100.00 for installation of traffic control
signs and street signs. The Developer shall be fInancially responsible for the installation of street
identifIcation signs and non-mechanical and non-electrical traffic control signs. Street signs will be in
conformance with the names as indicated on the Plat and pursuant to City standards. The actual number
and location of signs to be installed shall be determined by the City and actual installation shall be
performed by City authorized personnel. The Developer is responsible for the installation of the street
lighting. The Developer shall pay the full capital cost of every light to be installed; this includes poles,
fIxtures, underground wiring, and all appurtenant work. The street light plan must be acceptable to the
City Engineer and in accordance with Exhibit F.
26. LANDSCAPING. 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 at the time of the
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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 deposited by the builder at the time the building permit was
issued.
27. TREE PRESERVATION AND REPLACEMENT. This final plat is not subject to tree
preservation requirements.
28. SECURITY. To guarantee compliance with the terms of this Contract, payment of real
estate taxes including interest and penalties, payment of special assessments, payment of the costs of all
public improvements, and construction of all public improvements, the Developer shall furnish the City
with an Irrevocable Letter of Credit in an amount equal to 125 % of the estimated Developer
Improvement Costs. The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank
("Security") for $106,451.88, plus a cash fee of $56,391.38 for City Development Fees. The amount of
the Security was calculated as follows:
DEVELOPER IlVIPROVElYIENTS COSTS:
Sanitary Sewer
$
26,134.00
Watermain
$
20,867.50
Storm Sewer
$
0.00
Streets/Sidewalks
$
38,160.00
ESTIMATED DEVELOPER IlVIPROVEMENTS SUBTOTAL
$
85,161.50
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
106.451.87
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CITY DEVELOPMENT FEES:
City Administration Fee (6.0%) (19)
Sanitary Sewer and Watermain Trunk Area Charges
$ 5,109.69
$ 5,109.69
$ 27,372.00
(22) $ 13,090.00
$ 5,610.00
$ 100.00
$ 56.391.38
City Construction-Observation (6%) (20)
Trunk Storm Sewer Area Charges (21)
Collector Street Fees (23)
Street and Traffic Control Signs (25)
TOTAL CITY DEVELOPMENT FEES
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.
29. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that work
has been completed and [mancial 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 [mancial o~ligations
that have been satisfied. Twenty-five percent (25 %) of the Security shall be retained until all
improvements have been completed, all fmancial obligations to the City satisfied, and the required "as-
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built" grading plans and information have been received by the City. The City Public Works Design
Manual outlines the procedures for Security reductions.
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets
is one year. The warranty period for underground utilities is two years. The warranty period on streets
shall commence after the fInal wear course has been installed and accepted by the City and the warranty
period on underground utilities shall commence following their completion and acceptance by the City.
The Developer shall post maintenance bonds to secure the warranties. All trees shall be warranted to be
alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be
warranted for twelve (12) months from the time of planting. The City shall retain twenty-five percent
(25 %) of the Security posted by the Developer until the Developer Improvements are accepted by the
City Engineer and the bonds are furnished to the City. The security retainage may be used to pay for
warranty work. The City standard specifications for utilities and street construction identify the
procedures for fInal acceptance of streets and utilities.
31. REDUCTION OF SECURITY TO FIVE PERCENT (5% ). The Security guaranteeing
satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of
the construction costs as set forth in Paragraph 28 by the City Engineer in writing and by providing the
City a performance bond or a warranty bond from the Developer or its contractors in an amount equal to
the construction costs which shall be in force for 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.
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The five percent (5 %) Security shall not be released until the Developer provides the City
Engineer with a certificate from the Developer's land surveyor stating that all irons have been set
following site grading and utility and street construction.
32. OVERSIZING. City and Developer agree that the Developer Improvements should be
oversized for the benefit of future development. City and Developer agree that the cost of system
oversizing to be reimbursed to the Developer is $0.00 based upon a cost estimate as determined by both
quotes received from the Developer's subcontractor and the City Engineer using the City's Assessment
Policy based on a fmal engineering design. The calculation for oversizing is attached as Exhibit D.
If the City Engineer determines additional work as the result of oversizing is required, the City
shall reimburse the Developer for the costs associated with this work.
33. STORM WATER DRAINAGE IMPROVEll1ENTS. 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
limited to catch basins, manholes, conduit, pond excavation, water quality control structures and
landscaping around newly constructed water quality treatment ponds.
34. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receIves claims from labor, materialmen, or others that work required by this Contract has been
performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Security in an amount up to 125 % of the claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any further
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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. 9471.425, Subd. 4a.)
35. 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 fmal Plat in electronic format. The
electronic format shall be compatible with the City's software.
C. The provisions of Minn. Stat. 9462.358 are incorporated herein as if fully set
forth. To the extent this Contract or the City's ordinances differ form the statute, the more stringent
shall apply.
36. RESPONSIBILITY FOR COSTS.
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II ...
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
harmless 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 mcur m
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.
37. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except
in an emergency as determined by the City, is fIrst given notice of the work in default, not less than 48
hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City
to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part against all or any portion of the
property within the Plat. The Developer hereby waives any and all procedural or substantive objections
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to any special assessment levied to pay the cost to remedy a Developer default, including but not limited
to hearing requirements and any claim that the assessment exceeds the benefit to the Property.
38. 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.
39. MISCELlANEOUS.
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 siIeets 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.
C. Third parties shall have no recourse against the City under this Contract.
D. Breach of the terms of this Contract by the Developer shall be grounds for denial
of building permits, including lots sold to third parties.
I: \97files\97 subdiv\ final\noshor7\dvcntrct. doc 15
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,
E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Contract.
F. Grading, curbing, and one lift of bituminous shall be installed and accepted on all
public streets prior to issuance of any certificates of occupancy, except for model purposes only, a
maximum of ten percent (10%) of the total lots in the active phase of the subdivision may be issued
building permits prior to utility and street construction. All such lots must be readily accessible for
inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an
existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of
Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion
of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water
connection permits may be issued and no permanent certificates of occupancy may be issued until the
streets needed for access have been paved with a bituminous surface and the Developer Improvements
including utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by resolution of the City Council. The City's failure to promptly take legal action
to enforce this Contract shall not be a waiver or release.
,
H. This Contract shall run with the land. The Developer, at his/her sole expense,
shall record this Contract against the title to the property within ten (10) days of the City Council'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
I: \97files\97 subdiv\ final \noshor7\dvcntrct. doc 16
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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.
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.
1:\97fi1es\97subdiv\final\noshor7\dvcntrct.doc 17
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40. AMENDMENTS. Developer hereby acknowledges that the City is working with the
Developer Community through a series of "Developer Workshops" to standardize its Development
Contract. If the City Council approves a standardized Development Contract, and the terms, provisions
or conditions thereof differ materially from the terms, provision or conditions herein, City agrees it will
amend this Development Contract, if requested by the Developer, to be consistent with the provisions
and the approved standardized Development Contract referenced herein. If a standardized Development
Contract provides for fees that differ from those set forth in this Development Contract, the fees in this
Development Contract will be amended to be consistent with the fees established in a standardized
contract. Not withstanding the foregoing, no amendment to this contract shall be made unless both
parties agree in writing to the amendment. 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.
41. 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: North Shore Oaks, Inc., 5286 NE Hampton Street, 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.
42. 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: \97files\97subdiv\final\noshor7\dvcntrct. doc 18
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- - -
- - - . . ... .... - - -
rarher than to any particular Sectlon or subdivision hereof Tirles in rhls ComraCl are IIISel k.d fur
/ cr.[I\ emence of reference only and shaIl be disregarded in construcring or imt"lTlreflng (\IIY of HS
provisions.
43. SEVERA RnITy. In the event any provisions of this Comr;lc, shall be hdd lflva!id.
illegal, or unenforceable by any cOUrt of competent jurisdiction. such holding sh.111 not inv:Jlidare or
reno(:[ unenforceable any other provision hereof. and the remaining provisions shall nL)( in any way be
affected or impaired thereby
44.
COUNTFRPARTS.
This Contracl: may be simultaneously executed m several
COllnrelp:lrts, each of which shall be an original and all of which shall conslilure c.ne .and ch<: $,111l~
instrument.
45. J...URISnlCTION. This Contract shall be governed by the laws of the State ot
Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Lydia Andren. ~'layor
By:
Frank Boyles, Ci[y Manager
Revil;.,ved for Form and Ex~cution:
By:__
Suesan Lea Pace
CilY Attorney
DEVELOPER
.~ . (] ~ ;) ~ tJ ~
~;: cj~--~!~~.<~ "
1:\97til~s\'f7~'JbJI' \fi.I..I\uushor7\dvcolr':l.JI.l<: 19
06r24/97
By:
Its:
ST ATE 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 Minnesz-
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its C
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
19 , by
day of
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1: \97files\97 subdiv\tinal\noshor7\dvcntrct. doc 20
06/24/97
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage c
the subject property, the development of which is governed by the foregoing Development Contrac
agrees that the Development Contract shall remain in full force and effect even if it forecloses on i:
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, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
1: \97files\97 subdiv\final\noshor7\dvcntrct. doc 22
06/24/97
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MJ ~HT srl'tllOt S""~ AT ANT
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, PtAT IOl.HHT THAT WIU If Sn,
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aMUSS ClTM(1tttlSr '"."CATCO ON 'r-E '-tAT
VALLEY SURVEYING CO. P. A.
SHEET 2 OF 2 SHEETS
EXHIBIT "C"
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL lIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
1: \97files \97 subdiv\tinal\noshor7\dvcntrct. doc 26
06/24/97
r---- - --
"'-yf
EXHIBIT "0"
TO
DEVELOPMENT CONTRACT
(Oversizing and Storm S_ewer Improvements Calculations for Developer Improvements)
A. OVERSIZING (From Exhibits 0 and E, attached)
$0.00
B. STORM SEWER IMPROVEMENTS (From Exhibit E)
Storm Sewer Costs:
$0.00
I: \97files \97 subdiv\tlnal\noshor7\dvcntrct. doc 28
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EXHIBIT IIEII
SCHEDULE 2 - SANITARY SEWER. & WATERMAIN:
NORTH SHORE OAKS 7TH
PART A - SANITARY SEWER:
-
A.Ol Remove and Dispose Bituminous
Pavement S.Y. 70 S 3.00 S 210.00
A.02 Remove and Dispose Concrete
Curb & Gutter L.F. 0 S 5.00 S 0.00
A.03 8" PVC SDR 35 Sewer Pipe (a' to 0.00
la' Depth) L.F. 0 S 14.00 $
A.04 8" PVC SDR 35 Sewer Pipe (la'
to 12' Depth) L.F. 286 S 15.00 S 4,290.00
A.OS 8" PVC SDR 35 Sewer Pipe (12'
to 14' Depth) L.F. 140 S 16.00 S 2,240.00
.
A.06 8" PVC SDR 35 Sewer Pipe (14'
to 16' Depth) L.F. 122 S 17.00 S 2,074.00
A.07 8" D.LP. CL 52 Sewer Pipe (10' to
12' Depth) L.F. 10 S 17.00 S 170.00
A.08 Standard 48" Dia. Manholes EACH 5 S 1250.00 $ 6,250.00
A.09 Manhole Extra Depth over 8' L.F. 21 S 100.00 S 2,100.00
A.I0 8" x 4" PVC Wyes including bend
~d_ plug EACH 11 S 50.00 $ 550.00
....- ~-, .- .-- -', . O. . ..--. ....-.----
A.ll 4" PVC SDR 26 Service Pipe
including steel fence post and
wood post L.F. 415 S 9.00 S 3,735.00
A.12 Subgrade Preparation STA. 14.1 S 100.00 S 1,410.00
A.I3 Test Rolling STA. 14.1 S 50.00 S 705.00
A.14 Sand Bedding for PVC Pipe (May
be waived by Engineer after
, evaluation of in-situ trench soils) TONS 300 S 8.00 S 2,400.00
A.15 SUBTOTAL PART A. SCHEDULE 2 - SANITARY SEWER...... S 26,134.00
ENGINEERIS ESTIMATE
PROPOSAL. FORM
R_~97
P-3
Project No. 97059
EXHIBIT IIEII
PART B - WATERMAIN: NORTH SHORE OAKS 7TH
B.Ol Remove Plug and Connect to I
Existing Stub EACH 2 $ 500.00 $ 1,000.00
B.02 6" D.LP. Class 52 - L.F. 640 $ 16.00 $ 10,240.00
--
B.03 6" Gate Valve (May be waived by
Engineer after evaluation of
valves on existing stubs) EACH 2 $ 475.00 $ 950.00
B.04 Standard Pacer Hydrants, rodded
entirely, 8'-6" bury EACH 1 $ 1300.00 $ 1,300.00
B.05 Fittings including Mega-
Lug/Retainer Glands and Rods
and Concrete Reaction Blocking
on all Bends and Tees LBS. 450 $ 1.25 $ 562.50
B.06 1" Corporations EACH 11 $ 40.00 $ 440.00
B.07 I" Curb Stop and Box EACH 11 $ 85.00 $ 935.00
B.08 1" Copper Service Pipe L.F. 380 $ 8.00 $ 3,040.00
B.09 Bituminous Pavement and Base
Restoration S.Y. 120 $ 20.00 $ 2,400.00
8.10 SUBTOTAL PART B, SCHEDULE 2 - WATERMAIN . . . . . . . . . . $ 20,867.50
- - .--. . - . - .- .--. - - .--- -
II TOTAL SCHEDULE 2, PARTS A, & B . . . . . . . . . . . . . . . . . . . . . . . . . . . . I S 47,001.50 II
ENGINEER'S ESTIMATE
PROPOSAL FORM
Rc:vtScd 6-Q9.<r1
P-4
Project No. 97059
EXHIBIT IIEII
SCHED ULE 3 - STREET: NORTH SHORE OAKS 7TH
3.01 Subgrade Correction as Required
(Remove and Dispose of --
Unsuitable Subgrade Materials
On-site as Directed by Engineer.
May be waived by Engineer
pursuant to Test Roll Results) C.Y. 150 $ 3.00 $ 450.00
3.02 3" minus Binder Rock for
Subgrade Stabilization (May be
waived by Engineer pursuant to
Test Roll Results) TONS 300 S 8.50 S 2,550.00
3.03 Agg. Base MnDOT CI. 5 100%
Crushed for Street (6") including
Fine Grading and Shaping of
Subgrade prior to placement TONS 790 S 8.00 $ 6,320.00
3.04 Surmountable Concrete Curb and
Gutter, including Class 5 Agg.
under curb, Backfilling and
Boulevard Topsoil, Seed & Mulch L.F. 1154 S 6.00 $ 6,924.00
3.05 2-1/2" MnDOT 2331, Type 31B
Bituminous Base Course TONS 450 S 28.00 S 12,600.00
3.06 Adjust Manholes EACH 4 S 175.00 $ 700.00
3.07 Adjust Catch Basins EACH 0 S 75.00 $ 0.00
- - . .. -- .- . --~ -..
3.08 Adjust Gate Valves EACH 2 $ 150.00 $ 300.00
3.09 Bituminous Tack Coat S.Y. 1800 S 0.12 S 216.00
3.10 1-1/2" MnDOT 2341, Type 41A
Wearing Course Mix TONS 270 S 30.00 S 8,100.00
3.11 TOTAL - SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 38,160.00
~ GRAND TOTAL SCHEDULES 2&3
~ ~: lic I.SO
1$ I'lf,:r I.JO 1/
ENGINEERIS ESTIMATE
PROPOSAL FORM
Revised 6-l19-97
P-5
Project No. 97059
,,;J;.'
~7-
EXHIBIT "F"
TO
DEVELOPlVIENT CONTRACT
RESIDENTIAL STREET LIGHTING POLICY
BACKGROUND
The City intends that this street lighting policy promote the safe travel of city streets in a marmer both fair and affordable to the City
and its residents. Residential street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street
lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by
resident petition. The capital costs of residential street lighting shall be the responsibility of those residents, or any portion of those
residents, determined to be affected by the light.
NEW SUBDIVISIONS
All lighting plans require approval by the City and the utility responsible for street light operation and maintenance. In new
subdivisions, street lights shall be placed at intersections, every 300 feet between intersections where intersections Jre 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-standJrd 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 SUBDIVISIONS
Where traffic safety clearly warrants. a street light may be placed upon the recommendation of the City Engineer's office. The basis
of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation,
significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends
to the City as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60 % 0 f 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 Jre 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. fixrores, 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.
I: \97 files\97 subdiv\ tinal\noshor7\dvcmrct. doc
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30
EXlllBIT "G"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance be submitted acceptable to the City
Attorney.
2. Payment of all fees prior to release of the fmal plat my1ars.
3. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200';
and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the fma1 plat with all required signatures be submitted.
5. The developer provide financial security, acceptable to the City Engineer prior to release of the
fmal plat mylars.
6. The final plat and all pertinent documents must be filed with Scott County within 60 days from the
date of final plat approval. Failure to record the documents by July 5, 1997, will render the fmal
plat null and void.
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