HomeMy WebLinkAboutCity Council Resolution 1974-224t
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a re ular meeting of the City
Council of the City of Plymouth, Minnesota, was held on the 6th dzy
of May , 19 74 The following members were present: Mayor _
H11de Councilmen Hunt Neils Seibold and Spaeth
The o owing mem ers were a sent: none
Councilman Neils introduced the following Resolution and
moved its adoption:
RESOLUTION NO. 74-224
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR SHILOH
WHEREAS, Lundgren Brothers Construction'Company has requested a Final Plat Approval
for Shiloh, containing 94 lots, and
WHEREAS, the City Staff has prepared a Development Contract covering the improvements
related to said Plat,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH
that the Final Plat (Exhibit A) and the Development Contract (Exhibit B) for Shiloh
be hereby approved, and that the Mayor and the City Manager be authorized to execute
the Development Contract in behalf of the City.
The motion for the adoption of the foregoing Resolution was duly seconded by
, and upon vote being taken thereon the
tollowing vo a in favor thereof: Mayor Hilde, Councilmen Nells.
Seibold and Spaeth (Councilman HURT sreppea away Trom the Council Cable durtpg considers -
e following voted against or abstained: none tion of this
Whereupon the Resolution was declared duly passed and adopted. matter)
kesb :utlon' No`. � 1 ,.PPt C,� � r d
Page Three OtTtiiY, l•t1,a;ESOTA l
C O N T R A C T
POR DEV1'1.OF;•J y1' OF NEVI SU:"DIl'ISIONS
CITY PLAT NO: A-331
CONTRACT NO: A-331
DATE: '_974
THIS Afi',i MMr,'ST, rade this day of , 1974,
betwoon the City of Plymouth, 14i'nnesota, acting by and through its Mayor and City
Manager, herein called the "City" and Lundgren Bros. Construction, Inc., herein
called the Developer. ,
WITINESS4TH: In consideration of the City accepting the plat of Shiloh
Subdivision, -::he Developer shall provide water systems, storm sewers, sanitary set=ars,
and street it,provements including concrete curb and gutter and other miscellaneous
work, all in conformance with City adopted Guide Plans, and r1ore specifically as
outlined in Special Conditions of.this Contract and the approved plans and specifications.
The Developer shall provide the City with plans and specifications prepared by
a Registered Professional Engineer, subject to review and written approval by the
City Engineer. "std plans and specifications are hereby made a part of this contract
shall be prc-.pare.l in conformance with the "Manual of Engineering Guidelines, City
�of Plymouth Engineering Department 1973".
It is agreed that all labor and vork shall be done and performed in the best
and most wori:manlih a manner and in strict confor-mance with the approved plans and
specifications prepared by McCombs -Knutson Associates. Inc.
dated , as approved by the City Engineer and on file with the
City Clerk. No vvii oTno from the approved plans and specifications will be
pe adt•ted unless approved in writing by the City Engineer.
The Developer agrees to furnish to the City a list of contractors being considered
for retention by the Developer for the performance of the work required by this
contract.
It is further agreed that the Developer, through his Engineer, shall provide
for all stc':ing, surveying and resident inspection fcr the above dascribed improvements
in order to insure that tl-.c completed imnrovem.ents conform to the approved plans
and specifications: The City will provide for general inspection and shall be notified
of all tests to be perfor>r_ed during the course of this cork and the time such tests
will be performed. It is agreed that the estimated cost of such improvements,
including charges of the Pillage for Ieial, planning, engineering services, including
3nspectio ervis:ion and administration costs, shall be included in the total
cost of all impro -ants for purposes of computing the amount of the surety bond to
be furnished to the by Developer pursuant to the terms of this agreement`
In ease env material or labor supplied by Developer shall be rejected by the
CityC:nginetr or Lis desi�:nnted rcnicscrtativc as 6-ciCztive or :: st:it;:ble, then such
ejected material shall be rcro:•nd and replaced with approved material and the resected
labor shall be eone :anew to the specification and approval ie tl:e City Engineer and
the D�veloUer. Tht lieveloper further agrees that he
lit the sole cost :anal expcaase of
will eoa-rue;tce work hercunder ca: or be.7or: May 1 19 74 , and
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approvat ox e w ry ouotaa pkt uto 163,yy ots s'j�r stat, �u11 sotn,, ern or befofre
it
21",Ap: cceptanco az ithis-devolopMMent project 3hallytaf ttun ethorstofoi•i cf aiRe n4
1;utiatF;Auly pusstrd'y tile` P1yrwtliACty Council, un the advice of 'kite fifty Cni;auuer.
a,
IVIS agineod,.h6nver, that the Developer shall submit a written schedule indicat`
3►g rtDitsprogxoss. schedule and order of completion t f work covered by this contract.
�lt..is .Zltrthattagreed that -upon receipt of written lotice from the Developer of the cxit`5�,
euce�of causer over which the Tuve%oer has ro contvol ti:hich' will, delay the cot.1plction; ,
of the nod;; tie City:.Council, in its lscretion,, may extend -til.. dater hereinbe£ure SVGt-r
ricd�ftir completion
and that any bo:id .required shall be continued 6y Developer to , _•, ' , ;;'
z t ober t1%, 1 darling this e;ctens an or.time. It. is` distinctly understood And 6 recit XV.
tills all t4oa h ;[*wrencby cotract shall be done
Oft'do expense to the City of Pl}•faoutl� ''
�LeXcept as majE'be p�cov%dad in the special conditions attached hereto gild made a part l ;
1 tioreoL::: ..
CopJ.
ies of all -bids, change orders; -suppliers, sub-comtgActors . etc. shhall be
fo_Warded to .the City Engtnoar for his files,
4 w The lh o toper• shalVact do my work or, furnish -any materials not covered by • the
pears wad. speeiltcaTians. and ,special conditions of this contract, for which
reimburse --is `expocted-frm the City. unless such work is first ordered in writing by the
City Engineer, as provided -in the -specifications.
11Hjr such r;ork or materials. wh th way be done or furnished by the contractor withoat
sU&:%-_*Aitr= ozder first being given shall be at his awn risk, cost and expense,
#fid he htKrehg agrees that without such written order he will make no claims. for
icompeaition for work or materials so done or furnished.
Upon completion of all the work required, the City Engineer or his, designated
x`ep r se'ntativo a reptesentativav of the contractor, tad a representative of the dovelopert�y
,,et ganeer will sake 4'11fial. insp-ection of the work, Before £inaL payment is made to
tile b9iitrac tor': by the . d'eveloper, the City Engineer shall be satisfied `that all work
` iaititisfactilrilyrc.'enginnterleted shat submit wrin accordance with tten nastateme rovedt attestinglans -and ptaisamat ons,.
acid #.e.detrel..`� er s`en
z:
Ups completion of the Work, the Developer shall have his Eng_}neer provide. -the z
City I til a F`UU set of as -baht mylar reproducible plans' for -City Records. Those. .
` ►laps shall int lode the locations and: ties to all sanitary sewer and watermain services•._.
:as V011 as gate valv&boxcs and manholes. c.
It is feirther 'agreed, anything to the contrary herin notwithstanding, that the
City of;plyuottth,,City-Council and its agents or employees shall not be personally liable
"or responsible in any manner to the Developer, the Developer's contractor or sub-
contractors, rateri3l sen, laborers or to any other person or persons whomsoever,
for ..ny claim, deman3, damages. actions or causes of action of an}•.kind or character
arising.: cut of -or by•rz-ison of the execution of this agreement''and the performance -and
cn4ppletion of"the'wosk'and the improvements provided herein, and that the 6aveloper r
till sax the _City,hart-dess frons all such claims, demands, damages, actions or causes,
of a4tinns
Or Via -costs, i sjlunceents, vmdr expenses or defending tike sajae _Spec �Ea call}►; ,r
iriclµdinr, twi_thout intending, to limit the categories. of said cost o costs 'uia e4xpcnses
far Cit}'` 3: i;iistrativei tirx and lzbor, costs of consudilting engineering services aitch
Jeasts.of icgal services rendered in connection with defending 'such claims as may be r.
bought against the City.
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on this day of . 19 . before
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described herein and also who executed the
'_! o tfia verApoolly known to. be the person
{ five. ng Contract and aaknoti. edgod that he executed the saw as
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to# act and 'Aced.
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v CDRPQMI'E nCINOIJ DGE-MENT FOR DEVELOPER
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ITAi
COKA9'1'' OF
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Om this day of 19 before we appy£ ed
and
�,_..._.. a cori]ornt'on; that
Fseal A ¢.
tik X11 t o or_.0 ilin tiHtrU oAt 3 th0 Corporate seal of the eorporation,'and that. 6aid �
executed 3»'bohalf of the corporation by authority of its
Board of are,-,
$4 vu rumerit itas
t'r and tltny ackn21
owledged said instrument to bo'the frog act and decd of the
corporation:
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If tf`c Dertalopar is a corporative], this should be signed by at least tiro exe�utiv
+£#iters, sa]ae berm tiro Pre:,idctrt and Sv�rotnry, or Vice President and
Secretaryp s5
n ti're yozat "al attacisod. If tho p,-veleper is a co-parti.e:•ship,
this s loud
k �+[ b� µ�' Dad bj►'al1 nF@�isC'rS.of t�to C4��art11�+]':}hii9.'
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Resolution No. 74-224
Page Eight POP
SUDIVISIO;
CITY 01' PLl ; )I1TI1
• HEI\I\EPlt: COWN-ry, HIN'll'SOTA
1. Scope of t';ork
1.1 The Developer shall protide the City With plans and specifications for :he
construction of the foliovi.ng for tho plat of _ Shilnh
1. Streets
2 Sanitary Sewer
3. Eater I -lain
4. Ston: Drainage Facilities (pipe, water, ponds, etc.)
s. miscellaneous Facilities
1.2 Said plans and specifications shall be prepared by a Registered Profes;ional
Engineer subject to review and writtrr. approval by the City hngincer. They
shall bc+ prepared in accordance with the ' P:r,nual •uf Engineering Guidelines
City of Plynouth L'ngiiveering Department." 11iis na•ival outlines City standard
materials, draoii.ngs and procedures which shall be adicred to for the above
mentioncd plat.
1.3 Changes in plans for the purpose of saving trees and other desirable features
Oil private property and on sheets vill i,c perinitt(;d, providing revised plains
and specifications are submitted and approved in writing by the City Engircer
•
prior to the nahing of any corterplated change. In the event changes are rr.de
which effect occupied residences, synch cPanges shall be discussed with the
affected owner an• it approval secured in writing.
2. Streets
2.1 General
Tho following streets are to he constructed by the Developer to City standards
'including concrete curb and gutter:
a. Residential wtrects - 32 feet wide face to face curb, seven ton design with
concrete curb and gutter design Standard Surmountable in conformance
with Ci,y St:,ndard Plate No. STRT-1
a. 27th Avenue North within Blocks 10 and 11 g. Holly Lane within Block 8
b. 28th•Avenue North within Blocks 4 and 5 h. 27th Ave. No. west of
c. 29th Avenue North Jewel Lane.
d. Kimberly Lane with Block 1
ee. Jewel Lane
b. CollectorAvi.L; r iTO •out:hfare Streets feet wide face to face
curb,nine ton desirj-, with concrete curb and gutter design B618 in confor-mancc
with Standard Plate .;o.
NONE
•
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0
;•-Z:Z Slf-1rT^dc''-,'Un 5 UlC soil shall be <:XCa\rated- ln, three (3) ...feet of Sid) get;lir..
The i)e\eloper 1 furnish a complete soils re which shall include xcCo;mcu
dations as to the sub-grade correction, etc.
2.3 Sub-base - Shall be constructed in acco-sdance with the typical section shoicn
on the approved pians.
2.4. Base - Shall be constructed in accordance with the typical section shout on the
approved plans.
2.5 Snri.`acing - Shall be constructed in accordance with the typical section sho::n on
tha approved plans.
3. Utili-ties
3.1 Sanitary Sewer - Shall be constructed in accordance with the approved plans and
speciz-ications; and the City idaster Sanitary Sewer Plan adopted September 11, 11
3.12 Storm Scwer - as wall as all drainage ways and ponds shall be constructed in
accordance with the approved plans and specifications and shall conform to the
Cit} of Plymouth Master Storm Drainage Flan adopted ; and
appropriate Watershed District requirements where applicable.
3.3 hater Mains - shall be constructed in accordance with the approved plans and
specificrtions;.and the City Master Plater Distribution Plan adopted July 24, 1972.
3.4 Private Utilities -(,Northern States Poker Company, Northwestern Bell Telephone
Company, etc.) small not be installed until the boulevard or utility easements
have bean graded. All such utilities shall be installed underground.
4. Miscellaneous
4.1 Street signs shall be required at each street intersection at the cost of the
Developer. The City will furnish and install said signs and bill the Developer
for said work.
4.2 The Developer shall furnish all Engineering services as outlined in the "Manual
of Engineering Guidelines, City of Plymouth Engineering Department."
4.3 Engineering services furnished by the City: The City will not exercise direct,
supervision and inspection of the work during the construction operations. The
City Engineer or his representative will make periodic inspection of the work and
will consult with the Developer's Engineer in regard to engineering problems
concerning the work and obseinre all tests and conduct the final inspection as
outlined in the "'Manual of Eraineering Guidelines, City of Plymouth Engineering
Department."
The Developer shall pay to the City Treasurer upon execution. of this Contract
F�emen--Mnusand_Sp,ren_Bundred— _ ( $11,700 ) to cover all City administration
cost required in preparing, and administering this Contract. ($390,050.00 x 3%)
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Page Ten . ' •
4.4 TY.e Doveloper shall do all site gr..ding including building sites, con1tion
greenvay zuiC open space arcus, ponds and su>:face drainage u:ays, and all
private streets in accordarca with the ,q"proved grnding, drainage and site plans.
The plan sh. 11 indicate by arre; hot: draina;;e will be handled on the c itc.
All graded areas u.here surface run-off may cause a serious soil erosion shall be
sodded and the Developer shall furnish a grading and sediment control plan
d signed to control the depasit of sedirtent in the public rater of the City and/or
affected ';laterslied District.
4.5 Boulevard a"as shall .e sib -cut and backfilled with top -soil or other approved
_materials which will sustain seeding or sodding.
5. Setting of lot end Block t"onurents
The Devolope. shall place iron r.onuments at all lot and block corners end at
all other angle points on boundary lines. Iron monuments shall be placed
after all street znd lawn grading have been completed in order to preserve
the lot marVers for future property ou-ners.
6. Guarantee of Performance by Develger
6.1 In the event the Developer requires building permits prior to completion of all
improvements as listed in Paragraphs &.1 and 8.2 he shall furnish a certified
check, certificate c.= deposit, or irrevocable letter of credit in the amount
of $390 OS0.00 as shown in Paragraph 8.1 and 8.2; or a surety
bond in the amount of $585,075.00 which is 150% of the cost requirement
in Paragraph l;.1 and 9.2.
6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written
request by the Developer Lased upon the value of the completed improvements
at the time of the. requested reduction. The amount of the reduction will be
determined by the City Engineer end such recommendation will be submitted to
the City Council for action.
6.3 The cash escrow or surety bond shall not be reduced to less than 20% (twenty
percent) until all server, water main, drainage systems and streets And other
work covered by this contract are completed and approved by the City.
7. Public Liability and Property D. -.mage Insurrnee
The Developer shall furnish the City of Plymouth Public Liability Insurance. in the
amount of one h-undred thouc!nd dollars ($100,000.00) and two hundred fifty thousar-
dollars ($:'50,060.00) and Property D::::ge Insurance in the nm-ount of five thousant:
dollars ($5,coki.00) and twenty-five thcusand dollars ($25,000.00). Tliase insurnnc::
policies shall accompany the contract for its execution by the Developer and the
City of Plymouth. These insuranca policies shall be in full force and effect
during the life of this contract.
. -8
Street ''cnstruction
Sanitn ry So;:cr System
WatcT :1 -lin s ysteR
Storm Sv,,er System
poulevnrd and Dr. -..nage Scale Scd
Pond or Ditch Constructicn Outlots
Street Signs (18)
Street Suvoping
Park Improvements - Outlots A and B including trails and
(see Paragraph 13) sidewalks
TOTAL
ESTIi•L4TED COST
$ 149,025.00
94,150.00
81, 25.00
19,550.00 _
�8.500.00
0
$390,050.00
8.2 Private Improvements
8.2.1 The folloxino items shall be the responsibility of the Developer and shall .be
• covered by an escrow guarantee (bond, cash, certificate of deposit, letter of
credit, etc.) as specified in Section 6:
IM ESTIMATED COST
Street Construction $ 01_00
Sanitary Sewer System 0.00
Water Main System 0.00
Storm Sever System 0.00
Site Grading and Drair_age Improvements S1,150.00
Ponds and Drainage Ditches 0.00
City Adm., Insp., Engr., etc. 11,701.50 --
TOTAL
8.3 The water and.sanitury sewer area type assessments for this develomaent are as
follows: q,+ a2l� i5tl•0d (L � 6
Water Area - I9T lots"$225.00/lot = G9 Q (4
Sewer Area - None Vap.
The Dovelop--r understands and agrees to these charges, and hereby waives his
right to a public hr ring with rclrect to them, and further agrees that the
following described properties shall have these assessments levied against it for,,
a period of 5 years: Plat 43720 Parcels 6520,7610,7620. It is further understood,
and agreed that the interest rate on these amounts shall be computed at 80
The water and sanitary serer rzsiderti:1 Equivalent Connection (RFC) cha:,cs fu -
the lots to b.• develorcd shall be cr.:m;ted at the tilnc 0f connection to.1ho
municip.11 utility system. •►he Develo-er undc.stands that the aforerieati0r.�•d Ri.i
clujrres steal? be raid for each dw:-u in^ unit prior to the issuance of a Laildin^.
or plunbi::,* perinit fur that di:_ 11 ezc, reit.
i
* commencing
9, Page T�}z@r Car struct, icn
The Developer shall be responsible for all strect maintenance until strects are
acceptecl by the City. 1;::rning siLn cial- be placed whenhacurds devele}> in
strrcts to y.r;>vent the public frc.m uravel..ng on same and directing attention
It, dt:tours. U. and ..hen streets bccc. ., it.p s cble, such streets shall 1;0
barricaded and closed. Tn the ev^az resiecnces are occupied prior to completing
streets, the }!ereloper shall maintain a smooth surface and provideprorer
surface ercinn=c. 'rhe D,;vcloper shall 1!e responsible for hecpirg streets
u-ithin and t.itl:out the subdivisieu s;•::•^t clean of dirt and debris that may
spill or wash onto the street frog: his operation. The Developer may req test,
in wi ting, that the City beep the streets open during the winter month-5
by plowing s,z :;: fret sc.id streets prier to final aeccp',-rce of said streets.
nc City _1:::11 not be resf.rnsible for re-shaping said streets because of
sro:: plexing o errtio:ts if they are regUented and providing snow plowing
scYvi.ee dues not constitute final acceptap.ce of said streets.
10. Acceptance of Subdivision in Units.
The City of Plymouth mill accept com.plete in units of one (1) block which
have been co^pletcd in accordance vith tha provisions of this contract.
The Developor shall furbish a progress schedule for the construction of
streets in the subdivision. Requests for acceptance of streets shall be
made in writing by the Developer. The Developer shall furnish certificates
of completion as.outlincd in Paragraph 11.1 herein for each unit completed,
certifying that r;ork has been coh.;feted in accordance with the terns of
this contract, and shall also furnish mylar "as-built' reproducibles Dor
all phases of construction included in this contract.
11. Acceptance of Comnleted Subdivision
11.1 Prior to acceptance of the completed subdivision by City Council, it will•
be necessary to furnish the following affidavits:
a. Contractor's Certificate
b. Engineer's Certificate
c. Land Surveyor's Certificate
d. Developer's Certificate
certifying that all construction has been completed in accordance with the
terms of this contract.
11.2 All necessary forms will be furnished by the City of Plymouth.
11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by
the City E-j:gineer that ccn;pleted x.orh be accepted, the City Council will be
requested to accept the completed public improvements. Acceptance will be by
formal Resolution of the City Council.
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ResoluLion.`'No 74-224 ,
Page Thirteen"
12. Plat Approval
12.1 Prelimiunry Plat cans approved by Resolution No. 74-151 by the Cit}
. Council on March 11, 1974 subjuct to six (6) conditions.
12.2 Final Plat and Develop7.ent Contract were approved by Resolution No.
by the City Council un — --
13. Land Dedicated for Public Use, Pars and Private Recreation Areas
13.1 Outlots A and B are to be deeded to the City of Plymouth for park purposes after
said lots have been graded and seeder; in accordance wiV. plans to be approved by
the Director of Parks and Recreation and the City Engineer.
13.2 An 8' by 1'-;' thick bituminous bike and walkway shall be constructed by the
Developer across Outlet A (approximately 190 feet), from between Blocks 10
and 11 at the end of 27th Avenue North across Outlot B to Jewel Lane at
27th Avenue North (approximately 7001) and from 30th Avenue North south to the
south side of Block 5 connecting with Jewel Lane between Blocks 2 and 5 across
the northerly part of Outlot B (approximately 13001) in accordance with plans
to be approved by the Director of Parks and Recreation and City Engineer.
13.3 A concrete sidewalk 4" thick and S' wide shall be constructed by the Developer
within the street right-of-way along the south side of 27th Avenue between
Blocks 4 and 7 and between Blocks 10 and 11 and along the west side of Holly
Lane from 27th Avenue North to a point opposite Outlet A.
13.4 A future outlet extending from Outlot B between Blocks 2 and 5 to the east
across Outlet C connecting with the Willow Ponds Plat is to be dedicated to
the City of Plymouth for walkway purposes and a bituminous walkway constructed
by the Developer when Outlet C is re -platted.
13.5 The Developer shall not be required to pay any money to the City's park
dedication fund as the above land dedications and improvements are to be
accepted by the City as this plat's f,U fillment of park dedication requirements.
13.6 M improved plan for the improvement and development of the greenstrip and
park are to be filed with the C9ty priar tc issuarce of building permits.
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