HomeMy WebLinkAbout7A - The Wilds 4th Addition
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
7A
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 97 -XX
APPROVING FINAL PLAT AND DEVELOPERS
CONTRACT FOR "THE WILDS 4TH ADDITION"
SEPTEMBER 2, 1997
INTRODUCTION:
The purpose of this agenda item is to consider approval of
the final plat and Developer's Contract for The Wilds 4th
Addition. 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. This final plat was
reviewed in accordance with the reviewed plans.
The final plat consists of 24.68 acres to be subdivided into
8 lots for single family dwellings, 3 outlots, and the
remaining right-of-way for Wilds Parkway. The actual lot
area is 3.77 acres, the right-of-way includes 3.4 acres and
the remaining area is platted as outlots. Outlot A is a
small strip of land south of the Wilds Parkway right-of-way.
Outlots 8 and C are vacant land which will be replatted
when developed at some future date.
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 PUD plan and
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.
This contract is unique in that there are no public
improvement charges. The utilities and the road were
installed under Addendum No. 1 to the Contract for
1:\97files\97subdiv\final\wilds4\fprept.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL:AL OPPORTUNITY EMPLOYER
Development of The Wilds 2nd Addition, and the required
securities were collected under that contract. The City
charges for sewer and water, storm water management
and collector streets are detailed in the attached
development contract.
A copy of the contract is attached to this report. Staff will
be available to discuss the details of this contract with the
Council.
ISSUES:
While the final plat IS In compliance with the approved
preliminary plat and PUD plan, there are three issues that
must be resolved prior to recording of this plat. These are:
1. The Development Contract has not been signed by the
Developer as of the date of this report. The staff and
the City Attorney have had several discussions with
the Developer about the terms of the Development
Contract. As a result, the Development Contract has
been revised. At this time, the Developer has
concerns about one paragraph in the Contract:
Paragraph 39 D (Denial of Building Permits). The staff
has revised this paragraph in an attempt to satisfy the
Developer's concerns (see attached letter). However,
the Developer has not responded to the revisions at
this time. He may wish to discuss his concerns with
the Council.
2. The Developer has not submitted a landscaping plan
as required by the Subdivision Ordinance.
3. The final plat includes a NURP pond in the northwest
corner of the plat, which has already been constructed.
The City reimburses the Developer for the costs of
these ponds. The staff has requested the developer
provide us with the cost estimates or bids for this pond,
so that we can include the reimbursement in this
contract. The Developer has not yet submitted this
information.
4. While we have received a grading plan for this plat, the
copy we received is not signed by a registered civil
engineer. The staff has request a signed copy of the
grading plan.
These issues are relatively minor and can be included as
conditions of approval of this final plat. If included as
conditions, the staff will not release the final plat
documents until these items are submitted and the
conditions are satisfied. State statutes allow the City to
1:\97files\97 subdiv\final\wilds4 \fprept.doc
Page 2
impose conditions on a final plat. By approving the final
plat with these conditions, the City has acted within the
statutory time limit, and it is the developer's responsibility
to satisfy the final plat conditions.
ALTERNATIVES:
1. Adopt Resolution 97 -XX, approving the final plat for
The Wilds 4th Addition and the Developer's Contract.
2. Deny Resolution 97-XX
3. Defer consideration of this item for specific reasons.
(The statutory time limit for action on this final plat
expires October 16,1997.)
RECOMMENDATION:
Alternative #1
ACTION REQUIRED:
1
adopt Resolution 97-XX
1:\97files\97subdiv\final\wilds4\fprept.doc
Page 3
RESOLUTION 97-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL
PLAT OF "THE WILDS 4TH 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 final plat of "The Wilds 4th Addition" IS In
substantial compliance with the approved Schematic and Preliminary PUD and
preliminary plat; and
WHEREAS: The City Council has approved the final plat of "The Wilds 4th Addition".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it should and hereby does require the following
conditions to be met, prior to release of, and recording of said plat:
1. The Developer must submit a Landscaping Plan as required by Section 6- 7-1 (A) of the City of
Prior Lake Subdivision Ordinance.
2. The Developer must submit estimates or bids for the NURP pond located on Lots 1-4, Block 1,
The Wilds 4th Addition, so the City staff can determine the appropriate reimbursement amount
for this pond.
3. The Developer must submit a copy of the grading plan signed by a registered civil engineer.
4. The Developer must submit a signed copy of the Development Contract.
5. A current title opinion or commitment of title insurance be submitted acceptable to the City
Attorney.
6. Payment of all fees prior to release of the final plat mylars.
7. Reductions of the entire final plat be submitted, to the following scales: l" = 800'; l" = 200';
and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
8. Four mylar sets of the final plat with all required signatures be submitted.
9. The developer provide financial security, acceptable to the City Engineer prior to release of the
final plat mylars.
10. The final plat and all pertinent documents must be filed with Scott County within 60 days from
the date of final plat approval. Failure to record the documents by November 2, 1997, will
render the final plat null and void.
I :\97fi les\97 subdiv\final\ wilds4 \rs97xxcc.doc
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Passed and adopted this 2nd day of September, 1997.
YES
ANDREN
ROBBINS
KEDROWSKI
MADER
SCHENCK
ANDREN
ROBBINS
KEDROWSKI
MADER
SCHENCK
NO
Frank Boyles, City Manager
City of Prior Lake
{ Seal}
1:\97files\97 subdiv\final\wilds4\rs97xxcc.doc
-:~---
August 27, 1997
Jim Stanton
Shamrock Development, Inc.
3151 Wilds Ridge
Prior Lake, MN 55372
RE: Revised Language in the Development Contract for The Wilds Fourth Addition
Dear Jim:
We have discussed the language of Paragraph 38 0 in the Development Contract with
City Attorney Suesan Pace, and propose the following language:
If the Developer breaches any provision of this Development Contract, the City
may withhold building permits for any lot owned by the Developer which is
materially affected by or contributing to the breach. If more than one lot is
affected by or contributing to the breach the City may order, after notice, all work
on the Plat to cease.
Hopefully, this revised language will address your concerns with Paragraph 38 D. The
City Attorney has recommended this compromise, and believes this is as far as the City
should go in this negotiation.
The Wilds Fourth Addition final plat is scheduled for the September 2, 1997, City Council
meeting. Please let me know your comments on this language as soon as possible,
since we will be mailing Council agendas this afternoon. If you agree to the change, I
will revise the Development Contract accordingly and send you a new copy. If you do
not agree, we will take the item to the Council as it stands.
Thank you for your attention to this matter. If you have any questions, please contact
me at 447-4230.
Sincerely,
a.~
~. Kansier, AICP
Planning Coordinator
c: Suesan L. Pace, City Attorney
Frank Boyles, City Manager
1:\97files\97 subdiv\final\wilds4\1eI8-27. doc
16200 Eagie Creek ,'\ve. SE.. Prior Lake. Minnesota .35372-1714 / P~. (612) 447-4230 / Fax 1612) il.0-424S
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DEVELOPMENT CONTRACT
THE WILDS FOURTH ADDITION
l!ROJECT #97-45
AGREEl\1ENT dated
, 1997, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation ("City"), and Shamrock Rec. Properties, Inc. (the "Developer").
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
Plat for The Wilds Fourth Addition (referred to in this Contract as the "Plat"). The land is legally
described as:
Outlot E, THE WILDS SECOND ADDITION, according to the recorded plat thereof,
Scott County, Minnesota.
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 [mal 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. The foregoing restriction on the Developer's "Right To Proceed" does not
apply to grading or other approvals set forth in Resolution No. 93-55, dated July 19, 1993, approving
the Preliminary Plat for The Wilds.
1: \97files\97 subdiv\final\ wilds4 \dvcntrct. doc 1
08/27/97
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat,
the City may refuse to approve fInal Plats of subsequent phases if the Developer has breached this
Contract or the Resolution approving the Final Plat and the breach has not been remedied. Development
of subsequent phases may not proceed until Development Contracts for such phases are approved by the
City. Fees and charges collected by the City in connection with infrastructure and public improvements
are not being imposed on outlots, if any, in the Plat that are designated in an approved preliminary Plat
for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots
are subdivided into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased preliminary
Plat, the Developer shall submit a Staging Plan for City Council approval which may allow the
Developer more than one (1) year to subdivide the property into lots and blocks.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the
following plans. The plans shall not be attached to this Contract, but are incorporated by reference and
made a part of this Contract as if fully set forth herein. If the plans vary from the written terms of this
Contract, the written terms shall control. The plans are:
Plan A --
Approved Final Plat Dated June 20, 1997 (prepared by Pioneer
Engineering)
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 June 20, 1997 (prepared by Pioneer
Engineering)
Plan C --
Landscaping Plan Dated
)
(prepared by
Plan D --
One set of mylar reproducible Plans and SpecifIcations for Developer
Improvements
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2
7. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the
following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading and Ponding
H. Underground Utilities
I. Setting of Iron Monuments
J. Sidewalks and Trails
K Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utilities and street construction; the City's Public Works Design Manual and any other
applicable City ordinances, all of which are incorporated herein by reference. The Developer shall
submit plans and specifications which have been prepared by a Minnesota registered professional civil
engineer to the City for approval by the City Engineer. The Developer shall obtain all necessary
permits 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.
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8. CONSTRUCTION OBSERVATION.
a. The City's authorized personnel shall inspect the DEVELOPER
IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by
the City shall include:
1. Inspection of required improvements which include grading, sanitary
sewer, watermain, storm sewer/ponding and street system.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain and storm
sewer facilities. 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 Improvements 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
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10. BOULEV AfW AND AREA RESTORATION. The Developer shall seed or lay cultured
sod in all boulevards within 30 days of the completion of street related improvements and restore all
other areas disturbed by the development grading operation in accordance with the approved erosion
control plan. Upon request of the City Engineer, the Developer shall remove the silt fences after turf
establishment.
11.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
fIrst. At the end of the one year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
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 December 31, 1999, with the exception of the fInal wear course of asphalt on streets.
The fmal wear course on streets shall be installed the first summer after the base layer of asphalt has
been in place for one freeze thaw cycle. The Developer may, however, request an extension of time
from the 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.
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14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with Plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if, in the City Engineer's opinion they are necessary to meet
erosion control objectives at no cost to the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas
shall be mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of
the essence in controlling erosion. If the Developer does not comply with the erosion control plan and
schedule or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
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.
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17. GRADING PLAN. The Plat shall be graded in accordance with the approved grading,
development and erosion control plan(s), Plan "B". The plan shall conform to City of Prior 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.
18.
OWNERSHIP OF IMPROVEMENTS.
Upon completion of the Developer
Improvements required by this Contract and final written acceptance by the City Engineer, the
improvements lying within public easements shall become City property without further notice or action.
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
over sizing costs outlined in Exhibit D, Section A, assuming normal construction and project scheduling.
The provisions of this paragraph are subject to adjustment pursuant to Paragraph 40 of this Development
Contract.
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20. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%)
of the estimated construction cost, less oversizing costs outlined in Exhibit D, Section A, for
construction observation performed by the City 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. The provisions of this paragraph are subject to
adjustment pursuant to Paragraph 40 of this Development Contract.
21. TRUNK STORM SEWER AREA CHARGE. The Developer shall pay a trunk storm
sewer area connection charge of $18,637.00 prior to the City signing the fInal Plat. The amount was
calculated as follows: 110,935 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 $8,925.00 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: 2.55 acres at $3500.00 per acre.
23. CSAH 83 IMPROVEMENT ESCROW. This Development Contract requrres the
Developer to pay a CSAH 83 Improvement Escrow of $5,100.00 for CSAH 83 improvements prior to
the City signing the fmal Plat. The amount was calculated as follows: 2.55 acres at $2,000.00 per acre.
24. PARK AND TRAIL DEDICATION. Park and trail dedication requirements were
satisfIed by earlier plats. There is no additional dedication required.
25. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND
OPERATIONAL COSTS. Before the City signs the fInal Plat, the Developer shall pay to the City
$0.00 for installation of traffic control signs and street signs. The Developer shall be fmancially
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
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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 rSimlle-Familv Residentia[). 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 pennit. The trees shall be planted according to
the requirements for subdivision trees as set forth in the Subdivision provisions of the City Code. The
Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of every
structure on every lot prior to the issuance of the final occupancy pennit. 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 pennit was issued.
27. TREE PRESERVATION AND REPLACEMENT. There IS no tree preservation
requirement for this final plat.
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
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Improvement Costs. The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank
("Security") for $0.00, plus a cash fee of $32,662.00 for City Development Fees. The amount of the
Security was calculated as follows:
DEVELOPER Il\1PROVEMENTS COSTS:
Sanitary Sewer $ 0.00
Watermain $ 0.00
Storm Sewer $ 0.00
Ponds $ 0.00
Streets/Sidewalks/Trails $ 0.00
ESTIMATED DEVELOPER Il\1PROVEMENTS SUBTOTAL $ !lJ!Q
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ !L.W!
CITY DEVELOPMENT FEES:
City Admi1J..istration Fee (6.0%) (19) $ 0.00
City Construction Observation (6 %) (20) $ 0.00
Trunk Storm Sewer Area Charges (21) $ 18,637.00
Sanitary Sewer and Watermain Trunk Area Charges (22) $ 8,925.00
CSAH 83 Improvement Escrow (23) $ 5,100.00
Park Dedication Fee (if in lieu of land) (24) $ 0.00
Street and Traffic Control Signs (25) $ 0.00
TOTAL CITY DEVELOPMENT FEES $ 32.662.00
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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 fmancial 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 fmancial obligations
that have been satisfied. Twenty-five percent (25 %) of the Security shall be retained until all
improvements have been completed, all financial obligations to the City satisfied, and the required "as-
built" grading plans and information have been received by the City. The City Public Works Design
Manual outlines the procedures for Security reductions.
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets
is one year. The warranty period for underground utilities is two years. The warranty period on streets
shall commence after the final wear course has been installed and accepted by the City and the warranty
period on underground utilities shall commence following their completion and acceptance by the City.
The Developer shall post maintenance bonds to secure the warranties. All trees shall be warranted to be
alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be
warranted for twelve (12) months from the time of planting. The City shall retain twenty-five percent
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(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 [mal acceptance of streets and utilities.
31. REDUCTION OF SECURITY TO FIVE PERCENT (5%>' The Security guaranteeing
satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of
the construction costs as set forth in Paragraph 28 by the City Engineer in writing and by providing the
City a performance bond or a warranty bond from the Developer or its contractors in an amount equal to
the construction costs which shall be in force for two (2) years for streets and one (1) year following the
acceptance by the City of the utilities (the "Warranty Period") following acceptance of all required
improvements and shall guarantee satisfactory performance of such improvements. All punch list items
must be completed before a reduction in Security will be considered. The Warranty Period for a
particular Developer Improvement shall commence on the date the City Engineer issues written
acceptance of the Developer Improvement. The City Engineer may establish a lost of the individual
Developer Improvements that the Developer will install as part of the Plat. The City Engineer may
accept one or more individual Developer Improvements prior to the completion of all Developer
Improvements. The City Engineer shall determine whether particular Developer Improvements are so
integral to one another so as not to make it feasible or practical for the City to accept one Developer
Improvement prior to the completion of other related Developer Improvements.
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.
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32. OVERSIZING. City and Developer agree that the Developer Improvements should be
oversized for the benefit of future development. Oversizing is the construction of a Developer
Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, grading,
and road improvements. City and Developer agree that the cost of system oversizing to be reimbursed
to the Developer is $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 [mal
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 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
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 11/2 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 fInal Plat in electronic format. The
electronic format shall be compatible with the City's software (AutoCAD release 13).
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. If any of the provisions, criteria, performance standards or the like in this Development
contract or in any City Ordinance applicable to this Development Contract are more stringent than those
set forth in Minn. Stat. ~462.358, the more stringent provision, criteria, performance standard or the
like shall apply.
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36. RESPONSIBILITY FOR COS~.
A. Once the City Engineer approves the construction costs or estimates for the
developer Improvements, except those that are subject to oversizing as described in Paragraph 32 of this
Development Contract, there will not be any reimbursement to the City by the Developer or to the
Developer by the City for City Administration or Construction Observation Fees. The Developer shall
not be responsible for paying City Administration or Construction Observation Fees on the construction
costs or estimates associated with oversizing.
B. The Developer shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt Plat development and construction until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year.
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
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.
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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. The
responsibility to indemnify and hold the City harmless from claims arising out of or resulting from the
actions or inactions of the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
39. MISCELLANEOUS.
A. The Developer represents to the City that the Plat complies with all county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does
not comply, the City may, at its option, refuse to allow construction or development work in the Plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is
compliance. For the purpose of this subparagraph "street maintenance" does not include snow plowing
or normal sweeping.
B. Developer shall be responsible for all street maintenance until final written
acceptance by the City of the Developer Improvements. Warning signs and detour signs, if determined
to be necessary by the City Engineer, shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. If and when streets become
impassable, such streets shall be barricaded and closed.
C. Third parties shall have no recourse against the City under this Contract.
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....
D. If the Developer breaches any provision of this Development contract, the City
may withhold building permits for any lot owned by the Developer which is materially affected by or
contributing to the breach. If more than one lot is affected by or contributing to the breach the City may
order, after notice, all work on the plat to cease.
E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Contract.
F. Grading, curbing, and one lift of bituminous shall be installed and accepted on all
public streets prior to issuance of any certificates of occupancy, except for model purposes only, a
maximum of ten percent (10 %) of the total lots in the active phase of the subdivision may be issued
building permits prior to utility and street construction. All such lots must be readily accessible for
inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an
existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of
Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion
of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water
connection permits may be issued and no permanent certificates of occupancy may be issued until the
streets needed for access have been paved with a bituminous surface and the Developer Improvements
including utilities are accepted by the City Engineer.
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.
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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
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 me 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
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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.
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 Development Contract shall be made
unless both parties agree in writing to the amendment.
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: Shamrock Rec. 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.
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42. INTERPRETATION. This Development Contract shall be interpreted in accordance
with and governed by the laws of the State of Minnesota. The words herein and hereof and words of
similar import, without reference to any particular section or subdivision, refer to this Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Contract are inserted for
convenience of reference only and shall be disregarded in constructing or interpreting any of its
provisions.
43. 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:
By:
Suesan Lea Pace
City Attorney
DEVELOPER:
By:
Its:
By:
Its:
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
1: \97files\97 subdiv\final\ wilds4 \dvcntrct. doc 20
08/27/97
j,,~
-
M' .~
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
19_, by
day of
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
I: \97files\97subdiv\final\ wilds4\dvcntrct.doc 21
08/27/97
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract,
affIrm and consent to the provisions thereof and agree to be bound by the provisions as the same may
apply to that portion of the subject property owned by them.
Dated this _ day of
,19_
ST ATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19_, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
I: \97files\97 subdiv\final\ wilds4 \dvcntrct.doc 22
08/27/97
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this _ day of
,19_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19_, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
I: \97files\97 subdiv\ final\ wilds4 \dvcntrct. doc 23
08/27/97
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed
by the foregoing Development Contract, hereby affIrms and consents to the provisions thereof and
agrees to be bound by the provisions as the same may apply to that portion of the subject property in
which there is a contract purchaser r s interest.
Dated this _ day of
,19_
ST ATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19_, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
I: \97files\97 subdiv\final\ wilds4 \dvcntrct. doc 24
08/27/97
',;.'
-~--- - - - AT~
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THE WILDS 4TH ADDITION
K...C..... ALL PEl='$ONS BY THESE PQESENTS Thol SI,OM'O:' Pee O'oot'tin. In, C M,nnesolo co.porolion 'e~ -;:...ne' "I tl'l!
10"('>"'''<; de~c"~"~ orOPe<"ly ~;luoled in 'I'Ie Count" of ~::':. ':lole of I.li""f'~oto I~ .",
STArr. or "'It-IN(S~TA
:::OUN T" or
'='C1!U:'~ r. T'H! 'HlLOS 2ND AOOITK1N. 'J,:cording It' .~~ '~:':l'de'" Olot ~h~'eol SC'J'~ :~unt (, l,oI,n"e~oto
The lC'.tqo;",; Su~~)'O"~ ':ertif.ccte _0' od<no-..ledqtd before mil!! th;:! _ doy of ______
:9~_~ 1:"' Jot". ::: lorson, Iolinn<!'sot(l Lice""'- "40 19192e
nO! :Juseo :r.e same 10 be ~r..eyeo ond platteo as "'\.i~ "ML:)S 4TH "'ODITlON Of'll:! does n@'i"etl~ aedlCote Ie ',he Publ,C
'0' '\,J~I,: use ro'e~ 'he porkOl'ov ond 0110 df'd.col"l'5 ....~ eas.......ents os ''''0''''' :Jr !hi! plot lor dro....ooe o..d utility purposes on;"
IN Wir"J($~ iN'"lf:P[O~ 5aid Shom'oc> .:lee. P'?pc'lic5
'5'~""~ ~, '1'5 o..,o..r OII;C~ HI;! _ doy of
: M",,,..5010 CO'PO'O""". "05 ~Ou5"" th"'5" c'ese"'~ 10 b-:-
.19_
I+otor)' Public
llh Commiss;o" [.p"",
COI.I"t)'. M...,n..,OIO
S'q""C ShOn'l,ock Rte P'of't'tit!. In,
I h..,I':O)' ce'li'" thOt I "aye ...om,nee this plO\ and do h~eoy ,..commel'ld this plot f~ OPP'OIlOI OS to
,~~
i ~,
City "Uorn..y. ProOf lo~.., !.linn.soto
STolT! 'Y MINNESOTA
'.:OUNn or
CI T'f COUNCT:.
(lrv or PR1C"."'I<"[
TIl.. fryego.no ""trument ...os oe~no.,.l..dq..d 0..10''' "'. ....~ ._ OOy 01
19 0" 0' $homroCl< ~..C. Proo..'ti..S
Inc----;-Min~eSOlll COfPOf'"nt,on /'In b~all of th.. coroo,ol,OO-
Ttlls 0101 of "..[ WILDS 4Ti-1 ADOmON .0' opproW!d on!! !!ccepted by the City Counc~ of 11'\.. City 01 PriOr l".....
I,lin"esoto ot 0 regula. m..et....g lhereof h..ld this _ dcy 01 19___ one! porsuont to l,l.S.A.
~~.O) Sued"::. ., ore ,n CQr'llormoncl
,,"OloryPubl,c - Cou"ty."".,.,,,..soto
",,,Comm'''';on!:IP'''''~
. "'o)'Or
, "'onQge.
SCOTT COUNTY SURVEYOR
c:(
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-
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",,'''0, :",.,,1)' that ; "!)~ ,,,,,,,eyeo ond p101\..0 I"e ,,'ocerly Ijncribl!a on IhiS plol a! Tl-lE IIlIIlDS .sT\-l
AOOIT1ON thOI thi, plOt i, Q conect reD.e'l!f'llohon 01 the 5U.....ey, lhot 011 di,ton(e, ore co....(U" ,n"..."
on llle pIal," feet ond hundrl!dtM 01 (I foot; tl'\ot 01' monuml!nts ho".. bee<" (arreclly plOC<!'cI ,n the oround
OS '!ho.n, O' ",~1 b.. correctly ploced in tile Q'Qund QS dniQnQIl!d; lhnl In.. outs,de boundary lin.., a....
~O"I!Cll" OesiqMte 0" Ill.. plot; 0"0 1"01 t"'lOre ."., no ..etlonds 0$ definl!d '" Ui""..,olo Slotutu. ~c:h""
~~ 0"-, Selbe I. <Y Public higl'\.oyo! te tl.. de"qnoled olhl!' lhon all sno....n
Pur'uonl lo:l"QPle. "'. t.linnesolQ La""!! of 1916. this plot hQ$ bee... opOro"td Ihi$ _ dny of
19_
Scott Coullty Surveyo.
SC')TT COUNTy Tl<['SU~[R
;;;;:;;; C, Lorson. lond Su."ty()'
lolinn"olO l'Cl!n~' No 19l'!26
All currl,,1 19 _ 'o.u or. pOld in Ivll OS of Ihi. _ doy of
'9_
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Scott County lr..o....rer
SCOTT COUNTY AuOlTOR
No deli"quenl !Q.es one! IrQnsf.r ente.ed this _ doy of
'9_
;,
Scott County AucMOf"
SCOTT COUHTY RECOROE:R
- ~ e<<~~~.~;1 ~ :::
I """,eo\" ee.t;fy I"ot thi, plot ...01 filed in this 01'-ocl' lhis do\" 01
19___ 01 _ o'clock _M. (II OOC\Jm....t No
Seoll County R..cl)t"del'
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r,
NC mOl1umll"t s..,...t>ol $"""" 0' "ll'l)
stalut" - 'I!(lU".!! - locot,o". ind'cct..~
a plol monument !"Ol ..ill be ~et Ol"~
..n,c" $hQllbei"oIQCl!ono.tle1ort!
Ih,_l!Oyof
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by I;C....:!l~ nu....be. 19!!28
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II
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DRAINAGE AND UTlllTY
EASEMENTS ARE SHOWN THUS:
I
~ II
_ . .1-' _
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_ _ _ r~ _ ...J L _ _! _ _
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OUTLOT B
9[ APING'3 ARE BAS[C1 ON THE SOUTJ.< i.1N[ or OUTLOT E. TH[ ..-1l0S
.:'140 ADOITlON \\+il(H IS ,l!;SUUED '0 Ioi...\tt A 8["RING Or Nl'!e"40'S:" If
, I
Lu~n
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. ['~..! - ,..alr. .:l"~ .,,~ lO,n,"C st'fI'"
'''e~ o"c ""<1' 101 line!' unle~' ot""''''5''
nd,c~"'!c :--- :.,~ el~~
SC ALE IN FEET
",.........~.....; --
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" ....:-"
. .
. *
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.......-.....---......
2122 [.oo1_,_D._
Y",OOI~ .....",.. ,,'" ~!I120
(812) .1-1". rAX; "'-'488
sr.: "1C'"j .'4. T~."~ I;':~
LOCA nON YAP
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THE WILDS 4TH ADDITION
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LOCA nON IAAP
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OUTLOT C
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OUTlOT B
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SOO"1J'J7"E
DENOTES -OUNu !q~ wONu"'ENT
'~
DRAINAGE AND UnUTY
EASEMENTS ARE SHOWN THUS:
I'
~i t
r' 0
---1 L _ _t _ _ _
,
~t"'C; ~ '~~I in *'CIII'l, and adio,n;.,o !ordt
IC' I,"<,:~ ul1less otherw.se ind;coted. onc
'C '....I .., .idth and (IdlO"""9 ,tr~1
I....e! Ol'Id reo~ lot lin~! ,;Illes!! ....th..'.,!'~
.....O.COIe<lon lne plot
No monul"'let'1t 5~bol 5nO_ ot on)'
Stolutf' - reQUIff'd - location. indk:atf's
o plot mM\,Imf'f'lt ''''01 .iIl Of' Sf" and
which sno" b~ .., OIOC~ Of' or b~lore
tl'le_dCl'of
199_ SOI(l mOf'.......f'f'lts '''oll ~ t/'1
.,.,C" . '.. ....cr ;'0" <nC"u.....enls ....or..~d
by licf'f'lse n...",b..- '9B28
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aEA~INCS ARE BASED ON THE SOUTH LINE ~ OUTlOT E. tH( 'MLDS
2ND A['DlnQN M-lICH IS ASSUMED TO HAY[ A BEARINC or N88.~'5'1~W.
. c .
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(812) .1-1114 ro\X:Ut-M88
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(812) 183-1l!11!1O ,.~ ?8J-1883
SHfr : or : s.'"fEI.~
EXIllBIT "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, Prier 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: \97files\97 subdiv\ tinal\ wilds4 \dvcntrct. doc 26
08/27/97
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.
Expiration Date:
Effective Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Expiration Date:
Effective Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
1: \97files\97 subdiv\final\ wilds4 \dvcntrct. doc 27
08/27/97
Operations of Contractor: ill
Operations of Sub-Contractor (Contingent): ~
Does Personal Injury Include Claims Related to Employment? ~
Completed Operations/Products: lli
Contractual Liability (Broad Form): ~
Governmental Immunity is Waived: lli
Property Damage Liability Includes:
Damage Due to Blasting ~
Damage Due to Collapse ~
Damage Due to Underground Facilities YES
Broad Form Property Damage lli
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 (10) DAYS WRITTEN NOTICE TO THE
PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
I: \97files\97 subdiv\tinal\ wilds4 \dvcntrct. doc 28
08/27/97
EXHIBIT "0"
TO
DEVELOPMENT CONTRACT
(Oversizing and Storm Sewer Improvements Calculations for Developer Improvements)
A. OVERSIZING
NONE
B. STORM SEWER IMPROVEMENTS (from Exhibit E)
NONE
I: \97fi1es\97 subdiv\final\ wilds4 \dvcntrct. doc 29
08/27/97
EXHIBIT "E"
TO
DEVELOP:MENT CONTRACT
ESTIl\1ATED CONSTRUCTION COSTS
There are no public improvements in this plat.
I: \97files\97 subdiv\final\ wilds4 \dvcntrct. doc 30
08/27/97
EXHIBIT "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 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 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 SUBDIVISIONS
Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis
of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation,
significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends
to the City as a whole, these will be done at City expense.
When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of the neighbors
affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the
street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City prior to circulating
their petition to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they
meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet where the distance
between intersections is greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the
cul-de-sac 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 Deparunent. 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.
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EXHIBIT "G"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. The Developer must submit a Landscaping Plan as required by Section 6-7-1 (A) of the City of
Prior Lake Subdivision Ordinance.
2. The Developer must submit estimates or bids for the NURP pond located on Lots 1-4, Block 1,
The Wilds 4th Addition, so the City staff can determine the appropriate reimbursement amount for
this pond.
3. The Developer must submit a copy of the grading plan signed by a registered civil engineer.
4. The Developer must submit a signed copy of the Development Contract.
5. A current title opinion or commitment of title insurance be submitted acceptable to the City
Attorney.
6. Payment of all fees prior to release of the final plat mylars.
7. 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.
8. Four mylar sets of the final plat with all required signatures be submitted.
9. The developer provide financial security, acceptable to the City Engineer prior to release of the
final plat mylars.
10. 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 September 7, 1997, will render the
final plat null and void.
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