3c. Crossroads of Chanhassen: Approve DC
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
3e-
MEMORANDUM
o
TO: Paul Oehme, Director of Public Works/City Engineer <.:( t
FROM:
Joseph Shamla, Project Engineer
(J~>
DATE:
April 28, 2008
SUBJECT:
Approve Development Contract and Construction Plans and Specifications
for Crossroads of Chanhassen - Project No. 08-10
(Simple Majority Vote Required)
The attached development contract incorporates the conditions of approval for the final plat
and construction plans and specifications. A $647,130.00 financial security is required to
guarantee compliance with the terms of the development relating to the installation
of public streets and utilities, one-year of public street operating costs, engineering,
surveying, inspection, landscaping and payment of
The cash fees for this project total $299,751.80.
private development project.
not needed as part of this
1.
The applicant has also submitted detailed
review and City Council approval. Staff has
the plans still need some minor modifications. Staff
the flexibility to administratively approve the plans
to modify the plans accordingly.
for staff
and finds
grant staff
engmeer
RECOMMENDATION
Staff recommends that the construction plans
Chanhassen dated March 28, 2008, prepared
development contract dated April 28,.2008 be
2. The applicant's engineer shall work with
meet City standards.
Attachments: 1.
2.
Development Contract dated April
Construction plans and specifications
Engineering Department.
the
c: Westwood Professional Services, Inc.
G;\ENGIPROJECTS\a-e\CrossroadsofChanhassen\
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CROSSROADS OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
-
1. REQUEST FOR PLAT APPROV AL............................................................................SP-l
2. CONDITIONS OF PLAT APPROVAL ........................................................................SP-l
3. DEVELOPMENT PLANS ............................................................................................ SP-l
4. IMPROVEMENTS......................................................................,................................. SP- 2
5. TIME OF PERFORMANCE......................................................................................... SP-2
6. SECURITy.................................................................................................................... SP- 2
7. NOTICE......................................................................................................................... SP- 3
8. OTHER SPECIAL CONDITIONS................................................................................ SP-3
9. GENERAL CONDITIONS. ...................... .................... ........... ......... ..... ..... .......... ......... SP-6
GENERAL CONDITIONS
1. RIGHT TO PROCEED ........ ............ ............ ................................................................. GC-l
2. PHASED DEVELOPMENT...... ......... .................. ............... ..... ...... ....... ..... .......... ........ GC-l
3. PRELIMINARY PLAT STATUS ............................ ........................ ..... ............. ..........GC-l
4. CHANGES IN OFFICIAL CONTROLS ......................................................................GC-l
5. IMPROVEMENTS ...... ........ ........ .............. ............. ................ ..... ........ ..... ..... ... ............ GC-l
6. IRON MONUMENTS... ...... .................... ............... ....... ......... .................. ..... ............... GC-2
7. LICENSE...................................................................................................................... GC- 2
8. SITE EROSION AND SEDIMENT CONTROL .........................................................GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHER BUILDING......................................................................................... GC- 2
9. CLEAN UP ................................................................................................................... GC-3
10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ....................................GC-3
11. CLAIMS........................................................................................................................ GC-3
12. PARK DEDICATION ............................................................................... ................... GC-3
13. LANDSCAPING.......................................................................................................... GC-3
14. WARRANTY ............................................................................................................... GC-4
15. LOT PLANS................................................................................................................. GC-4
16. EXISTING ASSESSMENTS....................................................................................... GC-4
17 . HOOK-UP CHARGES................................................................................................. GC- 5
18. PUBLIC STREET LIGHTING ..................................................................................... GC-5
19. SIGNAGE ..................................................................................................................... GC-5
20. HOUSE PADS.............................................................................................................. GC-5
21. RESPONSIBILITY FOR COSTS................................................................................. GC-5
22. DEVELOPER'S DEFAULT......................................................................................... GC-6
22. MISCELLANEOUS
A. Construction Trailers........................................................................................ GC-7
B. Postal Service.................................................................................................... GC-7
C. Third Parties...................................................................................................... GC-7
D. Breach of Contract............................................................................................ GC-7
E. Severability....................................................................................................... GC-7
F. Building Permits............................................................................................... GC-7
G. W ai vers/ Amendments....................................................................................... GC- 7
H. Release.............................................................................................................. GC- 7
I. Insurance ........................................................................................................... GC-8
J. Remedies........................................................................................................... GC-8
K. Assignability..................................................................................................... GC-8
L. Construction Hours........................................................................................... GC-8
M. Noise Amplification.......................................................................................... GC-8
N. Access............................................................................................................... GC-8
O. Street Maintenance............................................................................................ GC-9
P. Storm Sewer Maintenance................................................................................ GC-9
Q. Soil Treatment Systems.................................................................................... GC-9
R. Variances........................................................................................................... GC-9
S. Compliance with Laws, Ordinances, and Regulations......................................GC-9
T. Proof of Title. ...... .......... ........... ...... ...... ..................... ..... ........ ... ..... .......... ......... GC-9
U. Soil Conditions............................................................................................... GC-l 0
V. Soil Correction................................................................................................ GC-l 0
W. Haul Routes. ...... ....... ...................................... ....... .............................................. GC-l 0
X. Development Signs... ................................... ........... ..................... ........................ GC-l 0
Y. Construction Plans.... ....................................... ...... ..................... ......................... GC-l 0
Z. As-Built Lot Surveys ......................................... ........................ .......................... GC-ll
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CROSSROADS OF CHANHASSEN
SPECIAL PROVISIONS
AGREEMENT dated April 28, 2008 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, KRAUS-ANDERSON REALTY, a MN
Corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
CROSSROADS OF CHANHASSEN (referred to in this Contract as the "plat"). The land is legally
described on the attached Exhibit "A".
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 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the Contract, but before commencement of
any work in the plat. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A:
Final plat approved April 28, 2008, prepared by Westwood Professional Services
Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated March 28, 2008 , prepared by
Westwood Professional Services.
Plan C:
Plans and Specifications for Improvements dated March 28, 2008, prepared by
Westwood Professional Services.
Plan D:
Landscape Plan dated March 28, 2008, prepared by Westwood Professional
Services.
SP-l
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
1. Setting of Lot and Block Monuments
1. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements
except for the wear course on public streets by November 15, 2008. The Developer may, however,
request an extension of time from the City Engineer. If an extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, 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 a letter of credit in the form attached
hereto, from a bank acceptable to the City, or cash escrow ("security") for $647,130.00. The
amount of the security was calculated as 110% of the following:
Site GradinglErosion Control/Restoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Streets
$ 110,000.00
$ 50,000.00
$ 75,000.00
$ 210,000.00
$ 85,000.00
Sub-total, Construction Costs $ 530,000.00
Street lights and signs
Engineering, surveying, and inspection (7% of construction costs)
Landscaping (2% of construction costs)
$ 135,000.00
$ 37,100.00
$ 10,600.00
Sub-total, Other Costs $ 58,300.00
TOTAL COSTS $ 588,300.00
SECURITY AMOUNT (110% of $588,300.00) $ 647,130.00
SP-2
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the required public 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 draw shall be used to cure the default. With City
approval, the security may be reduced from time to time as financial obligations are paid, but in no
case shall the security be reduced to a point less than 10% of the original amount until (1) all
improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all
financial obligations to the City satisfied, (4) the required "record" plans have been received by the
City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City.
7. Notice. 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 registered
mail at the following address:
MICHAEL KORSH
KRAUS-ANDERSON REALTY COMPANY
4210 WEST OLD SHAKOPEE ROAD
BLOOMINGTON, MN 55437-2951
Phone: 952-948-9421
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:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
1. A $647,130.00 letter of credit or escrow for the developer-installed improvements, the
$299,751.80 cash administration fee and the fully-executed development contract must
be submitted and shall be submitted prior to scheduling a pre-construction meeting. The
cash fee was calculated as follows:
Administration Fee: (3% of $500,000.00) + (2% of $30,000) $15,600.00
Street Lighting Charge (for electricity): 6lights at $300.00/light $1800.00
Attorney Fee for Review and Recording of Final Plat and Documents $450.00
GIS Fee: $25/p1at + $1O/parce1 for 4 parcels $65.00
Surface Water Management Fee $169,297.80
Park Dedication Fee $87,375.00
Arterial Collector Fee $25,164.00
TOTAL CASH FEE $299,751.80
If the signs must be installed in frost conditions, an additional $250/post must be paid by the
developer.
SP-3
B. CONDITIONS OF APPROV AL
1. Full park fees in lieu of parkland dedication shall be collected in full at the rate in force
upon final plat submission and approval.
2. Encroachment agreements are required for any extensive landscaping or signage and
sidewalk proposed.
3. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $169,297.80
4. The storm sewer in the public street will need to be adjusted according to City
comments. Revised rational method calculations are required.
5. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
6. Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
7. The sanitary sewer, storm sewer, and watermain within the public right-of-way and along
the Old Highway 101 corridor shall be publicly owned and maintained. All other utilities shall
be covered by a cross-access agreement. The proposed watermain must wet tap the existing
watermain.
8. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water,
and storm sewer lines.
9. Determine actual elevations of existing utilities. A minimum vertical separation of 18
inches is required at all storm, sanitary, and watermain crossings. Also, provide 10 feet of
horizontal separation between storm, sanitary and watermain. Any gas, electric, cable, or
telephone located outside of a public easement must be relocated.
10. Each new lot is subject to the sanitary sewer and water hookup charges. The 2008 trunk
hookup charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of building
permit issuance. All of these charges are based on the number of SAC units assigned by the Met
Council and are due at the time of building permit issuance.
11. All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. The applicant is also required
to enter into a development contract with the City and supply the necessary financial security in
the form of a letter of credit or cash escrow to guarantee installation of the improvements and the
conditions of final plat approval. The applicant must be aware that all public utility
improvements will require a preconstruction meeting prior to construction commencement.
SP-4
Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of
Health, Carver County, Watershed District and MnDOT.
12. A 20 foot drainage and utility easement is required over the county storm sewer. This
easement will be acquired at the same time as the vacation of Old Highway 101.
13. The developer will need to work with the City and MnDOT to acquire access to the site
and acquire the land from Old Highway 101.
14. Access to the site must be via a public street designed to Minnesota State Aid Standards.
This street will be maintained by the city. The public street connection on Highway 101 must
align with the lanes provided with the off ramp of Highway 312. Survey existing lanes to ensure
they align with proposed lanes. No parking will be allowed on the public street."
15. Upon completion of the public street, the applicant shall submit a set of "as-built" plans
signed by a professional engineer.
16. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final
plat. The fee will be based on the commercial rate of $3,600 per acre.
17. Encroachment agreements are required before the construction of the signs within the
drainage and utility easements.
18. All outstanding assessments must be paid prior to final plat.
19. The applicant shall either move the retaining wall to reduce the encroachment to 50% of
the wetland setback or apply for a setback variance.
20. A vegetation management plan needs to be developed for the buffer. Currently, the
buffer is dominated by reed canary grass and agricultural weeds. The buffer for a Manage 3
Wetland must have, at a minimum, 50% dominance of native plant species. The W5 mix shown
for the setback area is an adequate seed mix.
21. Erosion control blanket shall be included for the final 200 feet of the drainage swale
along T.R. 101. Inlet protection needs to be shown on the ditch inlets consistent with the
remainder of the plan.
22. In the event that dewatering is needed, the field inspector shall be contacted prior to any
dewatering activities. All diversions necessary to direct stormwater flow to the temporary basin
shall be clearly indicated on the plan. In the event that these are to be field located, BMPs must be
installed and the SWPPP must be amended to reflect the routing.
23. Make a notation in the SWPPP that the contractor with overall day to day responsibilities
of the project/General Contractor must be the contractor for the NPDES permit. The permittee
SP-5
needs to have an individual qualified to complete stormwater inspection reports weekly, and after
each V2 inch rainfall event. A box will need to be placed on site for these specific documents.
24. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering)) and comply with their conditions of approval.
25. All of the maintenance for landscaping, and irrigation within the City R.O.W. must be
maintained by the developer.
26. The plans shall be revised to incorporate a sidewalk along the west side of Crossroads
Boulevard as shown on the preliminary site plan (Sheet 5 of 10).
27. Should the applicant install street lights other than approved Minnesota Valley Electric
Cooperative street lights, then the developer shall pay for installation, future maintenance and
power.
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP-6
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
KRAUS-ANDERSON REALTY COMPANY
BY:
Michael Korsh
Director of Real Estate Development
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2008, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2008, by Michael Korsh, Director of Real Estate Development of Kraus-Anderson Realty, a MN
Corporation, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-7
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Southwest Quarter of the Northwest Quarter of Section 24, Township 116 North,
Range 23 West, Carver County, described as follows;
Commencing at the southwest corner of said Southwest Quarter, being also the West 1/4 Corner
of said Section 24; thence along the west line of said Southwest Quarter, North 00 degrees 01
minutes 22 seconds West a distance of 88.01 feet to the "Point of Beginning" of a parcel of land
described as an "Exception" to Tract "B" in Document No. 306531, being also the Point of
Beginning of the tract of land herein described; thence continuing along said west line, North 00
degrees 01 minutes 22 seconds West, along the westerly line of said "Exception", a distance of
604.46 feet to most northwesterly corner of said "Exception"; thence along the northerly lines of
said "Exception", the following three (3) courses; thence South 79 degrees 56 minutes 11
seconds East a distance of 33.52 feet; thence North 59 degrees 32 minutes 26 seconds East a
distance of 485.53 feet; thence South 53 degrees 19 minutes 20 seconds East a distance of 122.71
feet to the most northeasterly corner of said "Exception"; thence along the easterly line of said
"Exception", South 00 degrees 01 minutes 22 seconds East a distance of 776.19 feet to the
southeasterly corner of said "Exception"; thence along the southerly line of said "Exception",
North 89 degrees 30 minutes 16 seconds West a distance of 471.64 feet to the northeasterly line
of Book 114 Page 398 on file and of record in the office of the County Recorder; thence North 44
degrees 54 minutes 34 seconds West along said northeasterly line, a distance of 64.32 feet to the
west line of said Book 114 Page 398; thence South 0 degrees 01 minutes 22 seconds East along
said west line of Book 114 Page 398, a distance of 45.35 to said southerly line of "Exception";
thence along said southerly line of Exception", North 89 degrees 30 minutes 16 seconds West a
distance of 33.00 feet to the Point of
Beginning.
Together with:
That part of the Southeast Quarter of the Northeast Quarter of Section 23, Township 116 North,
Range 23 West, Carver County, described as follows;
Commencing at the southeast corner of said Southeast Quarter, being also the East 1/4 Corner of
said Section 23; thence along the east line of said Southeast Quarter, North 00 degrees 01
minutes 22 seconds West a distance of 88.01 feet to the "Point of Beginning" of a parcel of land
described as an "Exception" to Tract "A" in Document No. 306531, on file and of record in the
office of the County Recorder, Caver County, Minnesota, being also the Point of Beginning of
the tract of land herein described; thence along the southerly line of said "Exception", North 89
degrees 10 minutes 34 seconds West a distance of 777.79 feet to the southwesterly comer of said
"Exception"; thence along the northwesterly lines of said "Exception", the following two (2)
courses; thence North 51 degrees 10
minutes 25 seconds East a distance of 955.61 feet; thence South 79 degrees 56 minutes 11
seconds East a distance of 33.52 feet to said east line of Section 23; thence along said east line,
South 00 degrees 01 minutes 22 seconds East a distance of 604.46 feet to the Point of Beginning.
Except the west 33 feet thereof.
MORTGAGE HOLDER 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
,20_.
STATE OF l\1INNESOTA )
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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
,20 .
STATE OF MINNESOTA)
( ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of
Irrevocable Letter of Credit in the amount of $
on the undersigned bank.
(Name of Developer) and in your favor, our
, available to you by your draft drawn on sight
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
2 , of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at
2
(Address of Bank)
, on or before 4:00 p.rn. on November 30,
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 Chanhassen 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:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN
55317, and is actually received by the City Manager at least thirty (30) 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. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been
recorded with the County Recorder's Office or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. 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 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. Park charges and
area charges for sewer and water referred to in this Contract 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 final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all
GC-l
necessary permits from the Metropolitan Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. S 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
S. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building permits are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion and sediment
control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible.
All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion and sediment transport. If
the Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport at the Developer's expense. 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. No development will be
allowed and no building permits will be issued unless the plat is in full compliance with the erosion
and sediment control requirements. Erosion and sediment control needs to be maintained until
vegetative cover has been restored, even if construction has been completed and accepted. After
the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion
and sediment control, the City will authorize the removal of the erosion and sediment control, i.e.
hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment
control measures.
Sa. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
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escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with
City Code S 7-22.
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, 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 out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, 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 letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half (2Vz) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the boulevard (area between curb and
property line). In addition to any sod required as a part of the erosion and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each
lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after
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the certificate of occupancy issued, except that if the certificate of occupancy is issued between
October 1 through May 1 these conditions must be complied with by the following July 1st. Upon
expiration of the time period, inspections will be conducted by City staff to verify satisfactory
completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00
inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the
financial guarantee shall be returned. If the requirements are not satisfied, the City may use the
security to satisfy the requirements. The City may also use the escrowed funds for maintenance of
erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this
Contract or of City ordinances. These requirements supplement, but do not replace, specific
landscaping conditions that may have been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty-five percent (25%) of the amount of the original cost of the
improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
Exception: Lot 1, Block 1 building permit may be issued after the developer has completed
the following tasks:
1. Grading of Lot 1, Block 1 and preparation of the building pad.
2. Provided an access road for emergency vehicles up to the building with an acceptable
material that can handle the weight of a fire truck.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
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17. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year term at the rates in effect at time of application. If paid with the building
permit, the party applying for the building permit is responsible for payment of these fees.
18. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. The public street lights shall be accepted for City
ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation.
Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street
light installed in the plat. The fee shall be used by the City for furnishing electricity and
maintaining each public street light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3%) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000
and $1,000,000, three percent (3%) of construction costs for the first
$500,000 and two percent (2%) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000,
two and one-half percent (2V2%) of construction costs for the first $1,000,000
and one and one-half percent (1 V2%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
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upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction and erosion and sediment control
inspections. This cost will be periodically billed directly to the Developer based on the actual
progress of the construction. Payment shall be due in accordance with Article 2IE of this
Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may payor incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. 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 all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer mayor may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format. Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system.
22. 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 is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
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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.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer
shall be grounds for denial of building permits, including lots sold to third parties. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
E. Severability. 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. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. 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 written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property. After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
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I. Insurance. Developer shall take out and maintain until six (6) months after the
City has accepted tqe public 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 $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this Contract without the written
permission 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.
L. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$ 500.00
$ 1,000.00
All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
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O. Street Maintenance. The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the
street base or utilities because of snow plowing operations. The provision of City snow plowing
service does not constitute final acceptance of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been
accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the
special provisions of this contract, will be held by the City for the duration of the 2-year
maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
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U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 1I"x17" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county
coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a
breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The
Developer is required to submit the final plat in electronic format.
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Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as-built survey is completed. If the weather conditions at the time of the as-built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as-built escrow withheld until all work is complete.
Rev. 3/31/06
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