1j Amend Contract Boyer Lake Mi CITYOF
PO Bo~147
Chanhassen, MN 55317
Admlnlstretlon
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 9,52.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fac 952.227.1110
I~on CenW
2310 Cou~ Boulevard
Phmm: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fac 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fac 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www. cicflanhassen.mn.us
TO:
FROM:
DATE:
SUBJ:
Teresa Burgess, City Engineer/Dir. of Public Works
Matt Saam, Asst. City En~neer ~
April 23, 2003
Approve Amendment to Development Contract for Boyer lake
Minnewashta Addition - Project No. 02-11
Prior to commencing with the development of the above-referenced project, the
developer has requested modifications to the development conmmt. Specifically,
the changes involve the name of the developer. Currently, the development
contract lists the landowners as the developer. The landowners are requesting that
the development contract list the owners' company, Boyer Family-Investment,
lJ12, as the developer. Attached is a revised development contract incorporating
these changes. The conditions of approval remain as previously approved on
September 23, 2002.
It is therefore recommen~ that the City Council approve the revised
development contract dated April 28, 2003.
Attachment: Revised Development Conlz~'t
c:
Sharmeen A1-Jaff, Senior Planner
John Boyer, Boyer Family Investment, TI 12
The City of Chanhassen · A growing community with clean lakes, quaJity schools, a channing downtown, thriving busl _n~s-_~, winding Mis, and beautiful padre. A gJea~ place to live, work, and play.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
BOYER LAKE MINNEWASHTA ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
,
2.
3.
4.
5.
6.
7.
8.
9.
REQUEBT FOR PLAT APPROVAL ...........................................................................
CONDITIONS OF PLAT APPROVAL ........................................................................
DEVFJ.OPMENT PLANS ............................................................................................
IMPROVEMRNTS .......................................................................................................
SP-1
SP-1
SP-1
SP-2
TIME OF PERFORMANCE ......................................................................................... SP-2
SECURrrY ................................................................................................................... SP-2
NOTICES ...................................................................................................................... SP-3
OTI-IF.R SPECIAL CONDITIONS ............................................................................... SP-3
GENERAL CONDITIONS ........................................................................................... SP-8
GENERAL CONDITIONS
.
2.
3.
4.
5.
6.
7.
7A.
,
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
RIGHT TO PROCEED ................................................................................................ GC-1
PHASE DEVELOPMENT ........................................................................................... GC-1
EFFF_L~ OF SUBDIVISION APPROVAL ................................................................. GC-1
IMPROVEMENTS ...................................................................................................... GC-1
IRON MONUMRNTS ................................................................................................. GC-2
LICENSE ...................................................................................................................... GC-2
SITE EROSION CONTROL ....................................................................................... GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWRI JJNG OR OTHER
BUll DING ................................................................................................................... GC-2
CLEAN UP .................................................................................................................. GC-2
ACCEFrANCE AND OWNERSHIP OF IMPROVEMRNTS ................................... GC-2
CLAIMS ....................................................................................................................... GC-3
PARK AND TRAIl. DEDICATION ........................................................................... C,-C-3
LANDSCAPING .......................................................................................................... GC-3
WARRANTY ............................................................................................................... GC4
LOT PLANS .................................................................................................................. C_,-C4
EXISTING ASSF_.3S~S ....................................................................................... GC-4
HOOK-UP CHARGES ........................... ' .............................................. GC-4
PUBLIC STRF~:rr LIGHTING .................................................................................... GC-4
SIGNAGE .................................................................................................................... GC-4
HOUSE PADS ............................................................................................................. GC-4
RES~NSIBIlJTY FOR COSTS ................................................................................ GC-4
DEV~ DPER'S DEFAULT ......................................................................................... GC-6
MISCRI J.ANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service ................................................................................................... GC-6
C. Third Parties ..................................................................................................... GC-6
D. Breach of Contract ............................................................................................ GC-6
E. Severability ....................................................................................................... GC-6
F. Building Permits ............................................................................................... GC-6
G. Waivers/Amendments ...................................................................................... GC-7
H. Release ............................................................................................................. GC-7
I. Insurance .......................................................................................................... GC-7
J. Remedies .......................................................................................................... GC-7
K. Assignability ..................................................................................................... GC-7
L. Construction Hours .......................................................................................... GC-7
M. Noise Amplification ......................................................................................... GC-8
N. Access ............................................................................................................... GC-8
O. Street Maintenance ........................................................................................... GC-8
P. Storm Sewer Maintenance ............................................................................... GC-8
Q. Soil Treatment Systems .................................................................................... GC-8
R. Variances .......................................................................................................... GC-8
S. Compliance with Laws, Ordinances, and Regulations ..................................... CJC-9
T. Proof of Title .................................................................................................... GC-9
U. Soil Conditions ................................................................................................. GC-9
V. Soil Correction ................................................................................................. GC-9
W. Haul Routes ........................................................................................................... GC-9
X. Development Signs ............................................................................................... GC-9
Y. Construction Plans .............................................................................................. GC-10
Z. As-Built Lot Surveys .......................................................................................... GC- 10
CITY OF CHANHASSEN
DEVELOPMF~ CONTRACT
(Developer Installed Improvements)
BOYER LAKE MINNEWASHTA ADDITION
SPECIAL PROVISIONS
AGREEMI:CqT dated April 28, 2003 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, BOYER FAMILY INVESt, IJC, a
limited liability corporation (the '~Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
BOYER LAKE MINNL:~VASHTA ADDITION (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 and furnish the security required by it.
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 approve August 26, 2002 prepared by Roger A. Anderson & Associates,
Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated July 29, 2002, prepared by Roger
A. Anderson & Associates, Inc.
Plan C:
Plans and Specifications for Improvements dated July 29, 2002, prepared by Roger
A. Anderson & Associates, Inc.
Plan D:
Landscape Plan dated July 29, 2002, prep~ by Roger A. Anderson & Associates,
Inc.
SP-1
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 OLrb and Gutter
F. Street Lights
G. Site Grading/Restoration
I-L Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance.. The Developer shall install all required improvements by
August 29, 2003. The Developer may, however, request an extension of time from the City. 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 im!m)vements, and consmmtion of all public
improvements, the Developer shall furnish the City with a letter of credit from a bank or cash
escrow ("security") for $477~667.00. The amount of the securi~ was calculated as 110% of the
following:
Site Gradin~mto~on
$ 167,975.00
Sanitary Sewer $ 38,721.00
Watermain $ 22,395.00
Storm Sewer, Drainage System, including cleaning and maintenance
$ 37,961.00
Streets $ 99,864.00
Street lights and signs
Erosion control $ 24,907.00
Engineering, surveying, and inspection
$ 27,470.00
Landscaping $ 14,350.00
TOTAL COST OF PUBLIC IMPROVEMF~NTS
$ 434.243.00._
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 seanSty shall be for a term ending
November 14, 2003. 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 00)
days prior to the expiration of the security, the City may also draw it down. If the sec~ty is drawn
down, the draw shall be used to cure the default. With City approval, the seanSty may be reduced
from time to time as financial obligations are paid, but in no case shall the security be redtmed to a
point less than 10% of the original mount until all improvements are complete and 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:
Boyer Family Investment, 1 J12
3435 County Rd. 101
Minnetonka, MN 55345
Telephone: (952) 475-2097
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered 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,
A replacement planting plan that lists 64 trees to be planted has been submitted to the city
for approval. However, only 61 trees are shown on the landscape plans. The
contradiction shall be eliminated prior to recording of the final plat.
Bi
Each lot shall have a minimum of one overstory deciduous tree planted in the front yard
setback area.
A conservation easement shall be dedicated over the westerly 400 feet of (Outlot C) the
beach lot, and the portion located east of the path on the recreational beach lot, the
easternmost 70 feet of Outlot C, south of the drainage and utility easement.
Approximately 50 feet of silt fence must be installed across the westernmost portion of
the property along the lakeshore to prevent fia'ther erosion into Lake Minnewashta.
Wetland buffer areas should be surveyed and staked in ~ce with the City's wetland
ordinance. The applicant should install wetland buffer edge signs, under the direction of
City staff, before consmaction be~n~ and will pay the City $20 per sign. Conservation
easements must be delimited by permanent conservation easement monuments. The
monuments must be approved by the City prior to installation and should be installed on
the property comers of Lots 5, 6, 7 and 8 and should also be installed every 50 feet along
SP-3
D.
g.
F.
portions of the conservation easement not bounded by lots. All brush pries currently
existing on-site shall be removed. The brush may be chipped and/or compostexl, but may
not be burned.
In lieu of land dedication and/or trail consmmtion, full park and trail dedication fees
should be paid. These fees are to be paid at the rate in force upon final platting and/or
building permit application. The 2002 rate is $1,500 per single family dwelling for parks
and $500 per single family dwclling for trails. One-third of all park and trail fees
applicable to the entire plat are due at the time of final platting. The remaining two-thirds
are paid independently at the time of each building permit application.
The applicant shall be responsible for main~ning Outlots A and B.
The subdivision shall comply with the following table:
COMPLIAN~ Wl//-I ORDINANCE - RSF DISTRICT
Lot Lot Lot Building
Area Width Depth Setback
Ordinance 15,000non-riparian 90' 125' 30 Y~-ont/rear
20,000 riparian 10' sides
BLOCK 1
Lot 1 37,092 102' 345' 30'/30
10'
Lot 2 36,621 96' 369' 30750'*
10'
LOt 3 47,972 77' on curve 329.5' 30750'*
10'
LOt 4 45,357 70' on curve 225' 30'/50'*
10'
Lot 5 37,978 53' on curve 304' 30'/30760**
10'
Lot 6 21,467 68' on curve 220' 30'/30'/60**
10'
Lot 7 22,876 127' 215' 30'/30'/60**
10'
LOt 8 20,285 107' 229' 30'/30760'*
/30'***/10'
Block 2
Lot 1 33,558 260' 160'
Block 3
Lot 1 88,288 riparian 84' on curve 670'
30'/30'
10'
30775750*
10'
SP-4
Outlot C 141,725 (Beach Lot)
Ge
H.
The 50-foot setback includes a 10-foot average wetland buffer in addition to a
40-foot structure setback.
The 60-foot setback includes a 20-foot average wetland buffer in addition to a 40-foot stmcmre
setback.
The 30-foot bluff setback includes a 20-foot bluff impact zone.
Fire Marshal Conditions:
1. A 10-foot clear space must be maintained around the fire hydrant i.e., street lamps
trees, bushes, shrubs, Qwest~ Xcel energy, cable TV and tmmformer boxes. This is to
ensure that hydrants can be quickly located and safely operated by fir, fight,re. Pursuant
to Chanhassen City Ordinance ~)-1.
2. When fire protection including fire apparatus access wads and water supplies for
fire protection is required to be installed such protection shall be installed and made
serviceable prior to and during the time of construction. Pm~uant to 1997 Minnesota
Uniform Fire Code Section 901-3.
3. No burning permits will be issued for trees that are removed. Trees or brash must
be either removed from site or chipped.
4. On Lots 4, 5, 6, 7 and 8, additional address signs may be required at the driveway
entrance if address numbers on the house are not visible from the street. Contact the
Chanhassen Fire Marshal for additional information pursuant to Chanhassen Fire
Department/Fire Prevention Division Policy ~29-1992.
Building Official Conditions:
1. Demolition permits must be obtained before demolishing any existing stmcm.
.
Final grading plans and soil reports must be submitted to the In.~ections Division
before building permits will be issue&
3. Provide a water service connection for Lot 8.
4. Permits are required for the roof drainage piping on Lots 5, 6, 7 and 8.
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420).
SP-5
J. All structures shall maintain a 40-foot setback from the wetland buffer edge.
r.
C.
m.
.
O.
Po
Q.
Ri
S.
T.
U.
V.
All structures shall maintain a 75-foot setback from the OHW of Lake Minnewashta.
The applicant shall obtain amendments to the CUP prior to any alterations to the beach
lot. On August 16, 2002, the applicant removed vegetation located on the proposed
Ouflot C. The site vegetation must be restored prior to any site infi'as~~ or site
grading construction and no later than November 15, 2002. The restoration of the site is a
matter that has to be completed regardless of the plat.
The last catch basin prior to discharge into each pond shall be a sump catch basin.
All structures shall maintain a 30-foot setback from the top, toe and sides of the bluff.
Drainage and Utility easement types and locations shall be called out on the final plat.
An encroachment agreement for the trail on Outlot C shall be obtained prior to mil
construction.
Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
Based on the proposed developed area of approximately 10.65 acres, the water quality
fees associated with this project are $8,520; the water quantity fees are approximately
$21,087. The applicant will be credited for water q~jslity where NURP basins are
provided to treat runoff from the site and adjacent areas. The current proposal appears to
provide water quality treatment for runoff from 4.1 acres on-site and 39.0 acres off-site.
(These figures will be finalized upon final review of the storm water calculations.) In
addition, two outlet structures are proposed. Preliminary calculations show a credit of
$39,480 against total fees of $29,609. At this time, the estimated total SWMP credit due
to the applicant for the provision of ponding for off-site areas in accordance with the
SWMP is $9,871.
The applicant must apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resoumes)
and comply with their conditions of approval.
Approval of this application is contingent upon the City of Shorewood reviewing and
approving this application.
The existing driveway access off of I-~ghway 7 shall be abandoned.
Prior to final plat approval, a professional civil en~neer registered in the State of
Minnesota must sign all plans.
SP4
W,
X,
Y.
Zi
BB.
CC.
DD.
The storm sewer must be designed for a 10-year, 24-hour storm event. All of the ponds
are required to be designed m National Urban Runoff Program (NURP) standards.
Drainage and utility easements will need m be dedicated on the final plat over the public
storm drainage system including ponds, drainage swales, and wetlands up to the 100-year
flood level. The minimum utility easement width shall be 20 feet wide.
Staff recommends that Type 1I silt fence be used around the grading perimeter of the site
and that Type m silt fence be used adjacent to all ponds and wetlands. The silt fence
shall be removed at the completion of construction. A 75-foot minimum rock
construction entrance must be added to the entrance that will be accessed during
construction. The applicant should be aware that any off-site grading would require an
easement from the appropriate property owner. All dismfl~ m must be sodded or
seeded and mulched within two weeks of grading completion.
Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
Public utility improvements shall be constructed in acco~ce with the City's latest
editions of Standard Specifications and Detail Plates. The applicant shall enter into a
development contract with the City and supply the necessa~ 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. Permits from the appropriate regulatory agencies
must be obtained, including but not limited to the MPCA, Department of He~th,
Watershed District, Carver County, etc.
Add all applicable 2002 City of Chanhassen Detail Plates to the plans.
The proposed development will be required to meet the existing stormwater runoff rotes
for the 10- and 100-year, 24-hour storm events.
The applicant must provide a uniform transition from the existing 22-foot wide pavement
of Dartmouth Drive to a new 28-foot street section.
Abandon the existing utility lines on the east side of the site, west of the proposed
manhole connection. Also, the existing house services shall be connected to the new
utility lines and the existing driveway ms realigned through the bubble of the cul-de-
According to the City's Finance Department records, the underlying parcels on the east
and west sides were previously assessed for sanitary sewer and water. However, the
underlying parcel in the center of the site was not assessed for utilities. As such, the
proposed homesite on Lot 1, Block 3 will be required to pay a sanitary sewer connection
charge. The current 2002 lateral connection charge for sanitary sewer is $4,335 per lot.
Since the developer will be extending the lateral sewer and water mains to the remaining
lots, the sanitary sewer and water connection charges will be waived. Sanitary sewer and
SP-7
i-mi
Ho
JJ.
water hookup charges will still be applicable for each of the new lots at the rate in effect
at the time of building permit. The 2002 trunk hookup charge is $1,383 for sanitary
sewer and $1,802 for watermain.
The applicant shall work with staff to determine the appropriate trail materials.
The applicant must submit a revised legal description of the conservation easement that
reflects changes recommended by City staff.
Staff will work with the applicant's engineer to correct the drainage calculations.
The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the mount of $477,667 and pay an administration fee of
$8,191.
The applicant's en~neer shall work with City staff in revising thc consmmtion plans to meet
City standards.
9. General Condiflol~. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit '~" and incorporated herein.
SP-8
CITY OF CHANHASSEN
(SEAL)
BY:
Thomas A. Furlong, Mayor
Todd ~ City Manager
BOYER FAMILY INVESTMENT, 11 C:
BY:
BY:
Pctex Boyex, CEO
John Boy, r, CFO
STATE OF MINNES~A )
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~ day of ,
20 , by Thomas A. Furlong, Mayor, and by Todd G-eflaar~ 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
SP-9
STATE OF MINNF~A )
( SS.
cotnvrY oF )
The foregoing insmmaent was acknowledged before me this__ day of ,
20 , by Peter Boyer, the Chief Executive Officer of Boyer Family Investment, T.T C, a limited
Uability corporation.
NOTARY PUBLIC
STATE OF MINNESOTA )
COUNTY oF )
The foregoing insmament was acknowledged before me this ~ day of ,
20 , by John Boyer, the Chief Financial Officer of Boyer Family Investment, T.l/2, a limited
liability corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-10
EXtHBIT "A"
TO
DEVELOPMENT CONTRACT
LF_X3AL DESCRIPTION OF SUBJF_L'T PROPERTY:
Tract A, and the North 50 feet of Tract B, RF_I3ISTERED I.AND SURVEY NO. 13, files of the
Registrar of Titles, Carver County, Minnesota.
That part of Lot 7, "MINNEWASHTA PARK, I-II~INEPIN COUNTY, MINNESOTA" lying
southerly of the southerly fight-of-way line of State Highway No. 7.
That part of Government Lot 1, Section 4, Township 116, Range 23, Carver County, Minnesota,
lying between the East Line of the plat of "Meakem Minnewashta Lake Lots", acco~g to the
recorded plat thereof, and West of the following described line: Beginning at a point on the North
Line of said Section 4, distant 1485.96 feet east from the Southwest comer of Section 33, Township
117 North, Range 23 West, Hennepin County, Minnesota, which point is also distant 804.66 feet
east from the Northwest Corner of said Section 4, Township 116 Noffia, Range 23 West, said point
being marked by a judicial landmark; thence southeasterly on a line drown from the point of
beginning forming a southeasterly angle of 81 degrees 49 minutes with the North Line of said
Section 4, a distance of 510.02 feet to a judicial landmark; thence continuing along the last said line
to its intersection with the shore line of Lake Minnewashta. (The Judicial l. mndmarks referred to
above were set pursuant to the amended Order and Decree of Registration dated August 26, 1960,
being Document No. 8182, Office of the Registrar of Titles, Carver County, Minnesota)
Also, all those parts of "Meakem Minnewashta Lake Lots", according to the recordext plat thereof,
descri~ as follows, viz: All of Lot 8, all that part of Lot 1 lying south of the North line of Section
4, Township 116, Range 23; all that part of vacated Second Street lying between the North Line of
Section 4, Township 116, Range 23, and the North Line of vacated Lake Street; all that part of
vacated Lake Street lying between the Southeasterly extension of the West Line of vacated Second
Street to the South line of vacated l,ke Street and the East Line of the plat of said "Mere. kern
Minnewashta Lake Lots"; all that part of said plat lying south of the South Line of vacated Lake
Street and between the southeasterly extension of the West Line of vacated Second Street to the
shore of Lake Minnewashta and the east line of the plat of said "Memkem Minnewashta Lake Lots".
SP-11
That part of Lot 1, '~eakers Minnewashta Lake Lots" lying in Hennepin County, Minnesota and
lying southerly of the southerly right-of-way line of State Highway No. 7.
That part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 117 North,
Range 23 West of the Fifth Principal Meti~ lying easterly of "Meakers Minnewashta Lake Lots',
according to the recorded plat thereof and situate in Hennepin County, Minnesota; southerly of the
southerly right-of-way line of State Highway No. 7; and westerly of "Minnewashta Park Hennepin
Co., Minn." According to the recoMeA plat thereof, said Hennepin County (Abstract).
All that part of Section 4, Township 116 North, Range 23 West, ~bed as follows:
Beginning at a point of the North line of said Section 4 distant 1,485.96 feet East from the
Southwest corner of Section 33, Township 117 North, Range 23 West, Hennepin County,
Minnesota, which point is also distant 804.66 feet East from the Northwest comer of said Section 4,
Township 116 North, Range 23 West, said point being marked by a judicial landmark; thence East
along the North line of said Section 4 a distance of 356.30 feet more or less to the Northwest comer
of the subdivision of Minnewashta Manor, according to the recorded plat thereof, said corner being
marked by a judicial landmark; thence deflecting right 81 degrees 47 minutes along the westerly
line of said Minnewashta Manor a distance of 519.29 feet to a judicial landmark; thence continuing
along said westerly line of said Minnewashta Manor and said line extended southerly 280 feet,
more or less, to the shoreline of Lake Minnewashta; thence Westerly along said shoreline to its
intersection with a line drawn through the point of beginning forming a southeasterly angle of 81
degrees 49 minutes with the North line of said Section 4; thence northerly 220 feet more or less to a
judicial landmark set 510.02 feet southerly of the point of beginning; thence continuing along the
last said line to the point of be~nning, all situate in the County of Carver, State of Minnesota.
SP-12
CITY OF CHANHASSEN
DEVELOPMF~NT CONTRACT
(Developer Tn~talled Improvements)
GENERAL CONDITIONS
1. Right to Proeee& Within the plat'or land to be pla~ed, 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% 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 ff 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.
3. Effect of Subdivision Approval 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 txaxnitted 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.
4. Improvements. The imra'ovements 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
necessary permits from the Metropolitan Council Rnvircmmental Servi~ and other pertinent
agencies before proceeding with consm~ion. The City will, at the Developer's expense, have one
or more construction inspectors and a soft en~neer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspe~r 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 engineerhnspecmr to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the consm~-tion is being pea'formed to an acc~table level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
preconstmetion 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.
5. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in ~ce with Minn. Stat. § 505.02, Subd.
1. The Developers surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
6. 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.
7. Site Erosion Control Before the site is rough graded, and before any utility
construction is ~omm~n~d or building Ina'mits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas dismxt~ by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in ~ area. Except as
otherwise provided in the erosion control plan, seed shall be ceaSfied seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fea/lized, mulched, and disc
anchored as necessary for seed retention. Thc parties reco~ize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary insmmtions received from the City, the City may take such action as it deems
appropriate to control erosion 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 fights 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 control
requirements. Erosion control needs to be maintained until vegetative cover has been restored,
even if construction has been completed and accepted. After the site has been stabili?~xl to where,
in the opinion of the City, there is no longer a need for erosion control, the City will authorize the
removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion control measm,~.
7a. Erosion Control During Consmaction of a Dwelling or Other Building. Before
a building permit is issued for consmmtion of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City
8. 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.
9. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and conslmcfion required by this Contract, the improvements lying within
public easements shall become City property. After completion of the imra'ovements, a
representative of the contractor, and a representative of the Developers en~neer 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 ~ng that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptmce of
the public improvements shall be by City Council resolution.
10. Claimm 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 ~ (90) clays 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 delX~t, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pettaim to the lellers of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
11. Park und Troll Dedication. At the time of issuance of building _permits for
construction, the Developer, its successors or assi~s, shall pay to the City the park and trail
dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions.
One-third (1/3) of the park and trail cash contribution shall be paid contem,maxneously with the
City's approval of the subdivision. The balance, calculated as follows, shall be paid at the time
building permits are issued: rate in effect when a building permit is issued minus the amount
previously paid.
12. lamdscaplng. Landscaping shall be installed in ~ce with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazaird, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2~4) inches caliper, either bare root in season, or balled and burlapped. The trees may not be
planted in the boulevard (area between curb and ~ line). In addition to any sod required as a
part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area
and all dmina~ 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 improv~ts are not in place
at the time a certificate of occupancy is requested, a financial gumantee 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 the cextificate of occupancy issued, except that if the ce~tificam 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 peri~ 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 eau:mw fund for each inspection.
Afar satisfactory inspection, the financial guanm~ shall be re, tum~ 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 20-94 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.
13. Warranty. The Develop~ warrants all work required to be performed by it against
poor material and faulty workmamhip for a period of two (2) years a_ft~ its completion and
acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and
disease free at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months from the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance. The security amount shall be 100% of the total comtmcfion cost.
14. 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 comistent with development plans and City
15. Existing A~mmnent~. Any existing ~~ts against the plat will be re-spread
against the plat in accordance with City standards.
16. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water tnmk 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-team 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.
17. Public Street Lighting. The Developer shall have installed and pay for public
street lights in ~ce with City standards. A plan shall be submi~ for the City Engineer~
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 for each public street light for twenty (20) months.
18. 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.
19. House Pads, The Developer shall promptly finxdsh the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
0®
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 consmLefion progress, processing pay requests, processing security reductions, and final
Ge4
acceptance of improvements. This fee does not cover the City's cost for constructi~ inspections.
The fee shall be calculated as follows:
i)
if the cost of the construction of pubhc improvements is less than
$500,000, three pement (3%) of cona~mc~on costs;
if the cost of the constm~on of public improvements is between
$500,000 and $1,000,000, three percent (3%) of consmmfion costs
for the first $500,000 and two percent (2%) of cons~on costs
over $500,000;
iii)
if the cost of the consmmaon of public improvements is over
$1,000,000, two and one-half percent (2~6%) of construction costs
for the first $1,000,000 and one and one-half percent (1~6%) of
consm~on costs over $1,000,000.
Before the City signs the final plat, the Develotx~ shall deposit with the City a fee based upon
conslxuction estimates. After construction is completed, the final fee shall be determined based
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 incun~ by the City for providing consmacfion imtx~ons. This cost will be periodically
billed directly to the Developer based on the actual progress of the consm~on. Payment shall be
due in accordance with Article 20E of this Agreement.
C. Thc Developer shall hold the City and its officers and employees hamaless from
claims made by itself and third parties for damages sustained or costs incurred resul~ from plat
approval and development. Thc Developer shall indemnify thc City and its officers and employees
for all costs, damages, or c~ which thc City may pay or 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 en~nexxing 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 00) days after rece/pt. If the bills are not paid on time,
the City may halt all plat development work and consmmfion, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within thirty 00) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to hexein, 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 acco~ce with each of the
respective franchise agreements held with the City.
I-L 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 formal
21. Developer's l)efatflt. 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
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.
A. Construction Trailers. Placement of on-site construction milers and temporary
job site offices shall be approved by the City Engineer as a part of the prewamstmcfion mee~g for
installation of public im,rm~vements. 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 main~ce of postal
service in accordance with the local Postmasters 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 Con~ 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, watemaain, 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 accordan~ with Hah 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 Conuam. To be binding, amendments or waivers
shall be in writing, signed by the patties 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.
I-L Release. This Contract shall nm with the land and may be recorded against the
rifle to the property. After the Developer has completed the work required of it under this Contract,
at the Developerh request the City Manager will issue a Cexfifieate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a cxxfificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the
City has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for protxxty 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 si~ing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the insmance. 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 fight, power and remedy herdn set forth or otherwise so existing may be exemised 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 fight to exercise at any time thereafter any other fight, power or remedy.
K. Assignability. The Developer may not assign this Contract without the written
permission of the City Council. The Developer~ 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. Cons~on hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 mm. 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 illumixmted. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following ~dministrative penalties:
First violation $
Second violation $
Third & subsequent violations
500.00
1,000.00
M. Noise Amplification. The use of outdoor loudspeakers, bullh~, intercom.%
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract The admires' trative penalty for violation of consmacfion
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 ff the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be respon.qible for all street
maintenance until streets within the plat are accepted by the City. Warning si~s 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 OlXa'ati~. The provision of City snow plowing
service does not constitute final accep~ce 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 Developerh obligations under this paragraph shall end
two (2) years after the public street and storm drainage im,r~ovements 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 contmch 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 ~t sites identified during the platting process for each 10t. 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 Cityh ordinances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ~ces, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, depots and commissions;
3. United St_st_es Army Corps of Engineers;
4. Watershed Disu'ict(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 conm~ for deed purchasers to
enter into this Development Contract.
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 pmlmse 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 ~, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil com-'tion work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of conecting 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 depamnent determines from observation that there may be a soils
problem. On lots with fill material that have been mass gradtxl as part of a multi-lot grading
project, a satisfactory softs 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 ~ded, 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. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer' s contractors or subcontractors as a
haul route for the import or export of soil, consmaction material, construction equipment or
construction debris, or any other purpose.
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 cons~on plans and four sets of 11"x17" reduc~
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
of the utility improvements and base course pavement and before the secttrity 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 set~ of blue line/p~ as-built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabili?~ation, (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, and (8) digital file of utility tie sheets in either .doc
or .tif fomaat. The Developer is required to submit the final plat in elecm:rnic fonnat.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Cextificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor.