2000-10-11 Fax - Developers AgreementOCT.11.2000 5:04PM KENCO
NO.544 P.1
1PIL01 1
LAND DEVELOPMENT COMPANY
FAX COVER SHEET
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FROM: DONALD JENSEN, LAND DEVELOPMENT DIRECTOR it OF PAGES
DIRECT DIAL # 763-772-1012
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If you do not receive the number of pages listed above, please call the number below
13736 Johnson Street NE • Ham Lake, MN 55304 - 763-772-1001 - Fax: 763-757-4094
OCT.11.2000 5:05PM KENCO NO.544 P.Z
DRAFT---OCTOBER S, 2000
CITY OF ALBERTVU LE DEVELOPER'S AGREEMENT
Cedar Creek South Sixth Addition
THIS AGREEMENT, entered into this day of , 2000 by and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City"
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) of land are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek South Sixth Addition" and may sometimes hereinafter be referred to as the "Subject
Property" or "Said Plat"; and
'WHEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Cedar Creek South Sixth Addition contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal
Improvements") be installed to serve the Subject Property and, further, to be financed by
Developer;
WHEREAS, the City further requires that certain on- and off -site improvements be
installed by the Developer within the Subject Property, which improvements consist of
paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete
OCT.11.2000 5:05PM KENCO
NO.544 P.3
4. Intended Use of Subdivision Lots, Requirements.
A. It is the Developer's and City's invent that twenty single-family detached
townhouse dwelling units be constructed on the lots in Said Plat, with one unit
per numbered lot, all such units to be built in substantially the same location,
configuration and layout as shown on the attached Exhibits D, E, and F.
Developer agrees that it shall not construct any units other than said single-family
townhouse detached dwelling units on the land in Said Plat.
B. Lots located in Said Plat may have varying lengths of building separation,
provided that no building separation length may be less than Twelve (12) feet.
C. Streets shall be private and shall be maintained by the homeowner's association.
The City shall have no responsibility for the maintenance of said private streets.
D. Outlot A shall remain a common area and shall be maintained by the
homeowner's association and shall not be considered a buildable lot
E. Lot 1, Block 1 shall be used for golf course purposes consistent with that use as
defined in paragraph 5A of the Master Agreement
5. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this contract shall be performed. Said letter of credit or
surety shall be in the amount of ($ '7o cm representing the sum of 100% of
n 0 the estimated cost of the Municipal Improvements ($130,000, including the
private streets) 50% of the on and off -site improvements ($12,000), and 150%
y►t of the estimated cost of the required plantings as shown in Exhibit C
(S . Said letter of credit or surety must meet the approval of the
City attorney as to form and issuing bank If a bond is used for up to 25% of
the surety amount, said bond shall be in an amount at least 1.5 times the
percentage of the required surety which the bond represents.
B. The City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to on- and off -site
improvements, Municipal Improvements described above, erosion control,
and other such measures), to pay liens on property to be dedicated to the City,
0
OCT.11.2000 5:06PM KENCO NO.544 P.4
PILOI I
LAND DEVELOPMENT COMPANY
October 10, 2000
Mr. Pete Carlson - City Engineer @ SEH
Ms. Linda Goeb - City Administrator
5975 Main Avenue NE.
Albertville, MN 55301
RE: Le vC 0 Credit Reduction for Cedar Creek South 6* Addition
Dear Mr. Carlson:
We have finished all the utility and curb work for this project. We will not place the final lift until fall of
2001. We have completed all the utility work and request a draw down of the LOC to commence the first
year warranty period Please process a reduction to the LOC for all items except the base, final lift and
landscaping, and accept the streets and utilitywork Turn Lanes are secured by a separate S 10,000 surety
to Wright County DOH,
The golf course staff will be maintaining any plantings within the cul de sac island when installed in
2001. My proposed surety to remain is as follows:
Cedar Creek South 6th Utility Warranty Jason Court
Street work oompleted with 10% warranty
Landscaping and irrigation at $2500 per DU
Work left to complete for paving & adjustments
Project Total security in letters of credit
S 52,775 * 10% = $ 5,278
S 39,444 * 10% - $ 3,944
20 * $2500 = S50,000
$ 7,706 * 110%= $ 8,477
$67,699
Please issue confirmation to our lender Northeast State Bank and us regarding the lowering of this letter
Of credit. As your inspectors can verify, all work was completed per City standards. Please authorize a
reduction to the LOC from the development agreement number to $67,699.00 effective October 15.
Please schedule this item for the next Council meeting and notify Northeast State Bank at 362-3264 (fax
362-3240) accordingly upon your agreement with my math above. if you have any questions, please
contact me.
Sincerely,
Donald Jensen
Land Development Director
cc Kent Roessler, Pilot John Wiknk - Meyer-Rohlin Linda Goeb - Albenville
\\ScrvaOl\donU.ANDDEV\LEIiE"ROJECTS\AUR'M.E�ccs6thSRTYro&r-doc
13736 Johnson Street NE - Ham Lake, MN 55304 - 763-772-1001 - Fax: 763-757-4094
SEt° U -UU i ut LeFe06rpn KuciCO� UNDERGROUND FAX N0, 39t39 rlo. s44
PROPOSAL FORM
FOR
Cedar Creek South Suitt Addition Townhomeo
Grading. Streetand Utility Improvement Pmjm
Albertville, Minnesota
Bids are due on or bofom 2:00 pm,
Owner. Ptict Land Development Company
13736 NE Johnson St
Ham Lake, MN 55304
2000 at Mayer ltahlin Int`
Engineer. Meyer-Rt)hbn. Inc,
1111 Highway 25 North
Buffalo. MN SS313
Bid Submitter; 4gc�lu Uhl 2G� d�J � Dale: - 8 3/ 2lJrXj
The undersigned, as bidder. hereby proposes and, If this proposal is accepted, egraoe to
furnish bonds as required and to enter into a contract with the Owner to furnish all ranter`
ials, labor, skill, tools and equipment for the complets eonstructlen of streets end utilities,
including all acoeasories as clued for by the Specifications herewith, as prepared by
Meyer-Rohlin. lrr_., Engineets and Land Su►veyom, 1111 Highway 25 Nora:, Buffalo, MN,
55313, acting as and in these contract documents entiUed as the Engineer for the
fo3owing estimated quantities and unitprices:
AID A - 5anitary Sevier
No.
Item
Qty. Unit
Unit Tow
prive Price
1
Conned to Existing Manhole
1
EA
S
z
Pvc, tames, to-1c�
z
t.
i 3
s/-
3
48" Manhcie
EA
m
5 /500 -
a
Nanhoie Extra Depth
V'F
S
5
ISanitary Service Grouo w/F)o611n e 1 10
!_A
S -
8
1 S'andDrY SawlCe Group WrNew 10
EA
5 -
7
a" PVC Sanitary Service Pipe 1615
LFJ-
H`
lCrushea Rods (C d0
CY
TOTAL BID "A" s io •'
crams tnarkraWtn a 'are Tor pricing only and may not be neeeed.
DID e -Water Main
No.
!tem
Q
unit
Unit
Prica
Total
Price
5" UIP Cass 52
24
Li=
--
g Z.Vo .-
2
8"X6" DIP Tee
t
EA
-"
3 116-
=
Cut Into Eidstrnp Watarmain
1
EA
26'~
5 5Z0 -
4
IF'Gets Va`re, box & Riser
I 1 I
EA
d
$
5
H drant
1
EA
3/ 04 -
5
Water Service Group
21
EA
S Wo-
1- cappeir Water SM;ce pipe
1689
U:
•
S
8
Z- Co r Wale- Se ce Pipe
20
LF
6
S
9
5actenoiDgic2l Test
1
EA
S -
10- 3- Insulation 50 5F -L
TOTAL BID "B" S z
items mantas w:tn a ' are For pr=ng only ana may not be neeaed.
Page 1
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SE°rcu�1vu200� li s 06:' K�GNcoE UNDERGROUND
FAX NO. 39,,,89 NO.544 P - 6P, 03
BID C - Storm Sewer
n ..� IV,
BID D _ Streets
✓ �r
0
f
No.
Item
My.
Unit
Unit
Price
Total
Price
1
Su tads Pre ration
2798
SY
p
/ 0
2
Grade Class V for RTL(Tolerance)
986
BY
. /o
$ pf! -
3'
Geoteeile Fabric
2798
SY
g z ? -!
4
Granular Sorrow (CV)
933
Cy
5
Class 5 Gravel Base (C
466
CY
$
6
Concrete Curb & Gutter - 0412
1122
LF
y
S
7
Concrete Curb & Gutter - B612
630
LF
$ -
S
T e 31 Biturninous Base Course
4427
BY -IN
,'
$ yy -
9
Type 41 Bituminous Wear Course
2213
SY-IN
• a
$ -Ad
8
e 31 Bituminous Base Course RTL)
2243
SY IN
. o
$ -!S
9
T e 41 Bituminous Wear Course RTL
1346
SY-IN
, 0
$ -3 a
10
Ad ust Manhole
3
EA
$ gY0 -
11
Adjust Gate Valve
1
EA
11
JSawcut Bituminous
532
LF
o
$ -
ITOTAL-810 "D" $ ,6j4z1-
RID E . r1mr inn
No.
Item
t7 .
Unit
Unit
Price
Total
Price
1
Common Excavation (Plan) - Est 9139 CY
LS
S -
2'
Soil Correction EV
C
$
3
Erosion Control Silt Fence
LF
S -
4
Seed, Fertilizer, Mulch
At
5
TOTAL BID "E" g _
BID F - Miscellaneous
No.
Item
Q .
Unit
Unit
Price
Total
Price
1'
8' Bituminous Trail
LF
$
2'
6" Schedule 40 m ation Sleeves
LF
$
TOTAL BID "F" $ _
TOTAL BIDS W. "B", "C", "D", "E", "P'
/// Q(. �,_ JE /c
Page 2
OCT.11.2000 5:07PM KENCO
C6.
'I IMF
Iwo �-
Sanitary Sewer and Water Trunk Line Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
requires the Dycxeloper to pay $1,400.00 per acre in sanitary sewer truline fees.
There arenk es in Said Plat Therefore, the Sanitary Sewer Trunk Line Fees
for this plat would be $8,540.00 ($1,400.00 x 6.1 acres). However, per the
agreement outlined in Parkside P Addition Developer's Agreement; paragraph
2, pages 2-5, the developer will be credited $900, 00 per acre for the installation
of a sanitary sewer trunk line, Therefore, the Developer shall be required to pay
$3,050.00 ($500.00 x 6.1 acres). Developer will pay said fee prior to the release
of the final plat by the City.
B. Developer shall be required to pay hunk water line fees of $1,100 per acre.
5.01
p1 There are acres in Said Plat. Therefore the water trunk line fee for Said Plat
is $6,710.00 ($1,100 x 6.1 acres). Developer will pay said fee prior to the release
of the final plat by the City.
7. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit B. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
8. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any legally enforceable federal, state, county or
city requirements, all at Developer's expense. The City may elect to (but shall not be
required to) refund to the Developer expenses incurred by Developer for machine
operator time spent cleaning the ditch beyond the boundaries of Said Plat.
9. Miscellaneous.
A. This Contract shall run with the land and shall be recorded against the title to the
property (or shall be recorded via a short -form companion document referencing
this Agreement). Upon the Developer's request the City will execute and deliver
to the Developer a release discharging Developer's obligations under this
Agreement; provided the Developer has completed all work and met all
obligations required under this Contract; and after expiration of the warranty
period.
h
OCT.11.2000 5:07PM KENCO
NO.544 P.8
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OCT.11.2000 5:e8PM KENCO
NO.544 P.9
written documentation shall be subject to review and approval of the City
Attorney and filed with the Wright County Recorder's Office.
G. Developer shall obtain all required driveway, utility and other permits as required
by either the City Engineer and/or Wright County including, but not limited to,
obtaining access permits from the County for the two proposed townhouse pod
accesses to CSAH 18.
H. Developer shall guarantee that all new plantings as required by Exhibit C shall
survive for two full years from the time the planting has been completed or will
be replaced at the expense of the Developer.
10. Dedications to the City,
A The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all sewers and
water mains to the City. Upon acceptance of dedication, Developer shall provide
to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by
City of any dedication shall occur upon passage of a resolution to such effect by
the City Council,
Developer acknowledges that a total of ,61 acres of park land (6.1 acres of land x
,10) are needed under the City's current park dedication ordinance. The
Developer is not dedicating any park land with this plat. Developer shall meet its
park dedication requirements through the payment of $1,500 per residential unit
in this plat ($30,000, consisting of 20 residential units times $1,500 per unit),
subject to offsets in favor of the Developer for excess park land dedicated in prior
plats and the cost of construction of trails built by Developer at the City's
direction, Developer shall make any payments due to the City under this
paragraph at such time as the City directs.
11. Indemnity. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said 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 pay or incur in consequence of such claims,
including attorney's fees. Third parties shall have no recourse against the City under
this contract.
0
Fs
OCT.11.2000 5:09PM KENCO NO.544 P.11
EXHIBIT
Creekside Townhomes at Cedar Creek Golf Course
CEDAR CREEK Townhomes landscape costs
lbertville, MN
ason Court, Lots 1-20.2001 buildout
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10 3' Spruce trees ea
$200
$
2,000.00
400 hosta quarts ea
$5
$
2,000.00
14 2" Crabapple trees ea
$175
$
2,450.00
1 3" Marshall Ash ea
$215
$
215.00
7 3" Northwoods Maple ea
$225
$
1,575.00
16 2 1\2" Summit Ash ea
$200
$
3,200.00
150 Annuals ea
$1
$
150.00
200 Daylilies, mixed quarts ea
$3
$
600.00
40000 sod SF
$1
$
40,000.00
10000 wood mulch SY
$1
$
12.500.00
Project costs :
$
64,690.00
cost per dwelling Unit
$
3.234.50
10/11/00 cedarcreekTHLSest.xls