1b. Walnut Grove Project 97-13: Approve Plans & SpecsCITY OF ik
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612 937 -5739
9F 9 1 ENGINEERING COPY
Received
TO: Charles Folch, Director of Public Works Revision No.
FROM: David Hempel, Assistant City EnginccrW Approved y City Engineer
Date - 7 — '? — '? 7
DATE: July 9, 1997 Approved y City Council
Date
SUBJ: Approve Revised Development Contract/PUD Agreement and Construction Plans
Specifications for Walnut Grove - Project No. 97 -13
On May 27, 1997 the City Council approved the final plat and Development Contract/PUD Agreement for
Walnut Grove. The security amount and administration fees in that development contract were predicated
on construction plans that assumed some of the uti :ity improvements were private. The revised costs in the
attached development contract now reflects the actual improvements which will be constructed and owned
by the City upon completion. The security amount and administration lees were adjusted accordingly. The
final plat has been revised slightly on the bun-aloes units /lots to allow enough room for the decks. The
final plat modifications and revised improvement costs require the amendment to the Development
Contract/PUD Agreement.
The applicant has submitted detailed grading, drainage, utility, and street construction plans for staff
review and City Council approval. Staff has reviewed the construction plans and specifications and finds
them in accordance with city standards. Staff has calculated the developer's surface water management fees
(SWMP), based on the final construction plans, at $99,319.(x). This figure takes into account credits for
ponding and pipe oversizing. Staff has recalculated the required financial security to guarantee compliance
with the terms of the Development Contract/PUD Agreement at $1,655,(X)0 and the administration fees at
$253,632.50 which includes the SWMP fees and Park and Trail fees.
It is therefore recommended that the Development Contract/PUD Agreement for Walnut Grove dated July
14, 1997 and construction plans and specifications dated July 10, 1997, prepared by Sathre- Bergquist, be
approved conditioned upon the following:
The developer enter into the Development Contract/PUD Agreement for Walnut Grove dated July
14, 1997 and supply the City with a cash escrow or letter of' credit in the amount of $1,655,000
and pay the City an administration fee of' $253,632.50.
jrrts
Attachment: 1. Revised Development ConlractPPUD A dated July 14, 1997.
2. Revised breakdown of administration fees dated July 9, 1997.
c: Rick Murray, Residential Development, Inc.
NOTE: Construction plans and specifications are available in the Engineering Department for review.
\Ncfsl \volPeng\{)rojecLs \walnut gmvcapprovm revisal dcd(,c
CITY OF CHANHASSEN
WALNUT GROVE
PROJECT NO. 97-13
BREAKDOWN OF ADMINISTRATION FEES
REVISED 7/9/97
Estimated Total Cost of Public Improvements ............................... ............................... $1,2541500.00*
- 2.5% of Public Improvement Costs (Up To $1,000,000) ............... ............................... $ 25,000.00
- 1.5% of Public Improvement Costs (Over $1, 000, 000) .................. ............................... $ 3,817.50
- Street Lighting Charge (for electricity) 2,000.00
10 Lights @ $ 200. 00 ........................................................... ............................... $
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) .................................................. ............................... $ 400.00
- Recording Fees $ 30.00
a. Development Contract ..................................................... ...............................
$ 30.00
b. Plat Filing ......................................................................... ..............................: $ 30.00
c. Trail Easement ................................................................ ...............................
- (1/3) Park Fees $ 31,600.00
79 Units @ $1,200.00 = 94,800/3 ...................................... ............................... $ 56,000.00
168 Units @ $1,000.00 = 168,000/3 ................................... ...............................
- (1/3) Trail Fees
79 Units @ $400.00 = 31,600/3 $ 10,533.00
168 Units @ $333.00 = 55,944/3 ......................................... ............................... $ 18,648.00
- Surface Water Management Fees $ 99,319.00
................................................... ...............................
- GIS Fee ($25 per lot x 249) ........................................................... ............................... $ 6 **
TOTAL ADMINISTRATION FEES $ 253.632.50
*This figure does not include landscaping or oversizing of the watermain.
* *May be waived if County GIS requirements are compatible with City needs.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WALNUT GROVE
DEVELOPMENT CONTRACT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
TABLE OF CONTENTS
GENERAL CONDITIONS
1.
2.
3.
4.
5.
6 .
7.
7A.
8 .
9.
10.
11.
12.
13.
14 .
15.
16.
17 .
18.
19.
20.
RIGHT TO PROCEED ............ ...........................GC
PHASE DEVELOPMENT ........... ...........................GC
EFFECT OF SUBDIVISION APPROVAL .........................GC
IMPROVEMENTS ................ ...........................
IRON MONUMENTS .............. ...........................GC
LICENSE ..................... ...........................
SITE EROSION CONTROL ........ ...........................GC
EROSION CONTROL DURING CONSTRUCTION OF A
BUILDING.................... ...........................
CLEAN UP .................... ...........................
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS
CLAIMS ...................... ...........................
PARK AND TRAIL DEDICATION ... ...........................GC
LANDSCAPING ................. ...........................
WARRANTY .................... ...........................
LOT PLANS ................... ...........................
EXISTING ASSESSMENTS ........ ...........................GC
STREET LIGHTING ............. ...........................GC
SIGNAGE ..................... ...........................
HOUSE PADS .................. ...........................
RESPONSIBILITY FOR COSTS .... ...........................GC
DEVELOPER'S DEFAULT ......... ...........................GC
-1
-1
-1
-1
-2
-2
-2
DWELLING OR OTHER
-3
-3
...............GC -3
-3
-4
-4
-5
-5
-5
-5
-5
-5
-5
-7
PAGE
SPECIAL PROVISIONS
-7
-7
-7
-7
-7
-8
-8
-8
-8
1.
2.
3 .
4.
5.
6.
REQUEST FOR PLAT APPROVAL ... ...........................SP
CONDITIONS OF PLAT APPROVAL . ...........................SP
ZONING ...................... ...........................
DEVELOPMENT PLANS ........... ...........................SP
IMPROVEMENTS ................ ...........................SP
TIME OF PERFORMANCE ......... ...........................SP
-1
-1
-1
-1
-2
-2
-2
7 .
8.
9.
10.
SECURITY .................... ...........................
NOTICES ..................... ...........................
OTHER SPECIAL CONDITIONS .... ...........................SP
GENERAL CONDITIONS .......... ...........................SP
-3
-3
-9
GENERAL CONDITIONS
1.
2.
3.
4.
5.
6 .
7.
7A.
8 .
9.
10.
11.
12.
13.
14 .
15.
16.
17 .
18.
19.
20.
RIGHT TO PROCEED ............ ...........................GC
PHASE DEVELOPMENT ........... ...........................GC
EFFECT OF SUBDIVISION APPROVAL .........................GC
IMPROVEMENTS ................ ...........................
IRON MONUMENTS .............. ...........................GC
LICENSE ..................... ...........................
SITE EROSION CONTROL ........ ...........................GC
EROSION CONTROL DURING CONSTRUCTION OF A
BUILDING.................... ...........................
CLEAN UP .................... ...........................
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS
CLAIMS ...................... ...........................
PARK AND TRAIL DEDICATION ... ...........................GC
LANDSCAPING ................. ...........................
WARRANTY .................... ...........................
LOT PLANS ................... ...........................
EXISTING ASSESSMENTS ........ ...........................GC
STREET LIGHTING ............. ...........................GC
SIGNAGE ..................... ...........................
HOUSE PADS .................. ...........................
RESPONSIBILITY FOR COSTS .... ...........................GC
DEVELOPER'S DEFAULT ......... ...........................GC
-1
-1
-1
-1
-2
-2
-2
DWELLING OR OTHER
-3
-3
...............GC -3
-3
-4
-4
-5
-5
-5
-5
-5
-5
-5
-7
21.
MISCELLANEOUS
A. Construction Trailers .. ...........................GC
B. Postal Service ......... ...........................GC
C. Third Parties .......... ...........................GC
D. Breach of Contract ..... ...........................GC
E. Severability ........... ...........................GC
F. Building Permits ....... ...........................GC
G. Waivers /Amendments ..... ...........................GC
H. Release ................ ...........................GC
I. Insurance .............. ...........................GC
-7
-7
-7
-7
-7
-8
-8
-8
-8
i
J. Remedies ............... ...........................GC -8
K. Assignability .......... ...........................GC -9
L. Construction Hours ..... ...........................GC -9
M . Access ................. ...........................GC -9
N. Street Maintenance ..... ...........................GC -9
O. Storm Sewer Maintenance ...........................GC -9
P. Soil Treatment Systems . ..........................GC -10
Q. Variances .............. ..........................GC -10
R. Compliance with Laws, Ordinances, and Regulations GC -10
S. Proof of Title ......... ..........................GC -10
T. Soil Conditions ........ ..........................GC -10
U. Soil Correction ........ ..........................GC -10
V. Haul Routes ......... ............................... GC -11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT & PUD AGREEMENT
(Developer Installed Improvements)
WALNUT GROVE
SPECIAL PROVISIONS
AGREEMENT dated July 14, 1997, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and,
RESIDENTIAL DEVELOPMENT, INC., a Minnesota corporation (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for WALNUT GROVE (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. Zoning. The plat is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the "PUD ", as may be amended,
shall apply to the subject property.
4. 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 prepared by Sathre - Bergquist, Inc. and
approved by the Chanhassen City Council on July 14,
1997.
Plan B: Grading, Drainage and Erosion Control Plan dated July
10, 1997, prepared by Sathre - Bergquist, Inc.
Plan C: Plans and Specifications for Improvements dated July 10,
1997, prepared by Sathre - Bergquist, Inc.
Plan D: Landscaping Plan prepared by ARTEKA Corp. dated April 1,
1997, revised May 12, 1997.
Revised 3/22/94
SP -1
5. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets /Sidewalks /Turn Lanes on Galpin Boulevard.
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading Restoration /Erosion.Control
I. Underground Utilities (e.g. gas, electric, telephone,
CATV )
J. Setting of Lot and Block Corners and Wetland Monuments
K. Surveying and Staking
L. Landscaping
6. Time of Performance. The Developer shall install all
required improvements by November 15, 1998. 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.
7. 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 from a bank, cash escrow, or equivalent ( "security ") for
$ 1,655,000.00 . The amount of the security was calculated as 110%
of the following:
Site Grading ..... ............................... $ 162,000.00
Site Restoration & Erosion Control .............. $ 25,000.00
Sanitary Sewer ... ............................... $ 260,000.00
Watermain ........ ............................... $ 270,000.00
Storm Sewer, Drainage System,
including cleaning and maintenance .............. $ 250,000.00
Streets / Sidewalks ............................... $ 230,000.00
Street lights and signs ......................... $ 2,500.00
Engineering, surveying, and inspection.......... $ 55,000.00
Landscaping ...... ............................... $ 250,000.00
SP -2
TOTAL COST OF PUBLIC IMPROVEMENTS ............... $ 1,504,500.00
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 security shall be for a term ending
November 15, 1998. 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 all improvements are complete and
accepted by the City.
8. 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:
Residential Development, Inc.
Attn: Rick Murray
15 Choctaw Circle
Chanhassen, MN 55317
Telephone: (612) 934 -6238
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, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions.
1. The dedication of a public trail easement through the
east /west commons area from Highlands Boulevard east to the
property limit. Construction of an 8 ft. asphalt trail within
this easement. The applicant is to be reimbursed for material
costs involved in constructing the trail from the city's trail
fund.
2. Payment of full park and trail fees per city ordinance.
3. The development of a "commons" within the plat.
4. The developer shall relocate the trail northward or
southward within the open area, staying out of the drainage
SP -3
swale area, to expand the gathering space /public space and
make a more useable play area.
5. The applicant shall work with Southwest Metro Transit to
incorporate a transit component within the development
potentially providing land and /or funding assistance for a
bus shelter /bus cut -out.
6. Landscape species must be selected from Big Woods species
list in Bluff Creek Management Plan. Change some of the
proposed Ash to American linden as indicated on the plant
schedules.
7. Tree protection fencing shall be installed around all trees
to be preserved on site prior to commencing grading
activities.
8. Vegetation restoration plan for the slope leading down from
road to wetland in southwest corner must be developed.
Provide seed mix information for slope down to Bluff Creek
and management plan and planting plan for prairie
restoration.
9. The applicant shall work with staff to relocate 10 evergreen
scheduled to be planted along Boulevard near pond and Bluff
Creek to the north property line between Windmill Run and
Walnut Grove.
10. Incorporate prairie areas in open north of the four unit
villa blocks on the west side of Village Boulevard. The
prairie areas shall have a detailed planting and management
plan submitted with the overall landscaping plan for the
development prior to recording the final plat approval. The
management plan will identify responsibility for the areas
and outline maintenance practices to be followed during the
establishment period and beyond. Revise the size of the
prairie to allow for mown edge on the west side. Provide
management plan and planting plan for prairie restoration.
11. Submit soils report to the Inspections Division. This
should be done prior to issuance of any building permits.
12. Submit streets names to the Public Safety Department,
Inspections Division for review prior to final plat
approval. Submit proposed street names for private streets
200 feet or more in length. All private roads and a number
of smaller driveway accesses will be required to have street
names. Contact Chanhassen Fire Marshal for which streets
will need to be assigned street names. Street names must be
submitted to both Chanhassen Fire Marshal and Chanhassen
SP -4
Building official for review and approval. No parking fire
lane signs will be required to be installed on private roads
and roads leading to driveway accesses. Contact Chanhassen
Fire Marshal for exact location. Pursuant to Chanhassen
Fire Department Fire Prevention Policy # 06 -1991.
13. Street and utility service shall be extended to the
Hennessy's east property line. A 45 foot wide drainage and
utility easement shall be dedicated over the utilities on
the final plat. The development's covenants shall provide
cross access easements in favor of the Hennessy parcel for
ingress and egress over the private streets within the
development.
14. The applicant will need to develop a sediment and erosion
control plan in accordance with the City's Best Management
Practice Handbook and the Surface Water Management Plan
requirements for new developments. The plan shall be
submitted to the City for review and formal approval in
conjunction with final plat submittal.
15. All areas disturbed as a result of construction activities
shall be immediately restored with seed and disc - mulched or
wood fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management
Practice Handbook.
16. All utility and street improvements shall be constructed in
accordance with the latest edition of the City's Standard
Specifications and Detail Plates. Detailed street and
utility plans and specifications shall be submitted for
staff review and City Council approval prior to the final
plat being recorded. The private streets shall be
constructed to support 7 -ton per axle design weight in
accordance with the City Code 20 -1118 "design of parking
stalls and drive aisles ".
17. Wetland buffer areas shall be surveyed and staked in
accordance with the City's wetland ordinance. The City will
install wetland buffer edge signs before construction begins
and will charge the applicant $20 per sign.
18. The applicant shall provide detailed storm sewer
calculations for 10 -year and 100 -year storm events and
provide ponding calculations for stormwater quality /quantity
ponds in accordance with the City's Surface Water Management
Plan for the City Engineer to review and approve. The
applicant shall provide detailed pre- developed and post -
developed stormwater calculations for 100 -year storm events
and normal water level and high water level calculations in
SP -5
existing basins, created basin, and /or creeks. Individual
storm sewer calculations between each catch basin segment
will also be required to determine if sufficient catch
basins are being utilized. In addition, water quality
ponding design calculations shall be based on Walker's
Pondnet model.
19. The applicant shall enter into a PUD agreement /development
contract with the City and provide the necessary financial
security to guarantee compliance with the terms of the
development contract.
20. The applicant shall apply for and obtain permits from the
appropriate regulatory agencies, i.e. Carver County,
Watershed District, Metropolitan Waste Control Commission,
Health Department, Minnesota Pollution control Agency,
Minnesota Department of Natural Resources, Army Corps of
Engineers and Minnesota Department of Transportation and
comply with their conditions of approval.
21. The applicant shall include a drain tile system behind the
curbs to convey sump pump discharge from units not adjacent
to ponds or wetlands.
22. The appropriate drainage and utility easements shall be
dedicated on the final plat for all utilities and ponding
areas lying outside the right -of -way. The easement width
shall be a minimum of 20 feet wide. Consideration should
also be given for access for maintenance of the ponding
areas.
23. No berming or
of -way except
accordance wi
berm proposed
be redesigned
sewer.
landscaping will be allowed within the right -
landscaping along the frontage road in
th the Trunk Highway 5 Corridor Study. The
on Lot 18, Block 2 behind Lots 19 and 20 shall
so it is not situated over the proposed storm
24. The lowest floor or opening elevation of all buildings shall
be a minimum of 2 feet above the 100 -year high water level.
25. Stormwater ponds must have side slopes of 10:1 for the first
ten feet at the normal water level and no more than 3:1
thereafter or 4:1 throughout for safety purposes.
26. The applicant shall report to the City Engineer the location
of any drain tiles found during construction and shall
relocate or abandon the drain -tile as directed by the City
Engineer.
SP -6
27. The applicant shall be given credit for installing the 12-
inch trunk watermain from Windmill Drive to Arboretum
Boulevard. The credit shall be for the construction cost
difference between an 8 -inch and a 12 -inch water line.
28. Direct access to all lots shall be restricted to the
interior streets and not onto Galpin Boulevard or Arboretum
Boulevard.
29. The southerly stormwater pond on Outlot A shall be oversized
to accommodate runoff from the future Arboretum Boulevard in
addition to the site runoff. SWMP credits will be given for
oversizing this pond.
30. Final grades adjacent to Arboretum Boulevard will be subject
to review and approval of MnDOT for compatibility with the
future widening of Trunk Highway 5 /Arboretum Boulevard.
31. The developer shall work with City staff in reducing the
encroachment of the retaining wall into the right -of -way
along Walnut Curve (Lot 1, Block 1). If there are no
feasible alternatives the developer shall enter into an
encroachment agreement with the City.
32. The cul -de -sac proposed to serve Lots 37 through 40, Block 2
shall be redesigned to accommodate fire truck turning
movements.
33. Provide a 1 = 200' scale plan of the subdivision to the
Inspections Division showing all streets, driveways,
property lines'and building outlines.
34. A 10' clear space must be maintained around fire hydrants,
i.e., street lamps, trees, shrubs, bushes, NSP, US West,
Cable TV, and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance 9 -1.
35. No burning permits for trees removed will be issued. Any
downed trees will have to be chipped on site or hauled off
site.
36. An additional 1 to 2 fire hydrants will be required.
Contact Chanhassen Fire Marshal for exact location of
additional hydrant(s).
37. Comply with Chanhassen Fire Department Policy regarding
premise identification. Pursuant to Chanhassen Fire
Department Fire Prevention Policy # 29 -1992. (Copy
enclosed). Additional number ranges will be required on the
SP -7
building ends adjacent to main arterial roads. Contact
Chanhassen Fire Marshal for exact location and size of
letters.
38. When fire protection including fire apparatus access roads
and water supplies for water protection is required to be
installed, such protection shall be installed and made
serviceable prior to and during the time of construction.
Pursuant to 1991 Uniform Fire Code Section 10.502.
39. The following setbacks shall be established within the
Walnut Grove development:
Lots
1
- 14,
Block 1,
front 30
ft,
rear 30
ft.,
side 10
ft.
Lots
1
- 3,
Block 2,
front 30
ft.,
rear 30
ft.,
side 10
ft.
Lots
4
- 17,
Block 2,
front 30
ft.,
rear 25
ft.,
side 10
ft.
Lots
1
- 4,
Block 3,
front 30
ft.,
rear 30
feet,
side 10
ft.
Setback from Galpin Boulevard: 50 ft.
Setback from Village Boulevard: 30 ft.
40. Water Quality and Quantity fees will be based in accordance
with the City's SWMP. The requirement for cash in lieu of
land and pond construction shall be based upon a schedule in
accordance with the proscribed land use zoning. The water
quantity and quality fees will be calculated by staff upon
review and approval of the utility construction plans. The
fees will be payable to the city prior to the recording of
the final plat.
41. The applicant shall provide additional screen between the
proposed development and the existing development to the
north in accordance with revised landscape plan dated May
12, 1997.
42. The developer may commence site grading after final plat
approval and prior to recording the final plat conditioned
upon the developer entering into a development contract with
the city and providing financial security in the form of a
letter of credit or cash escrow to guarantee erosion control
measures, grading and site restoration.
43. The final plat shall be revised as follows:
a) On the dedication sheet the dedication of the public
streets needs to be clarified. Staff will be working
with the applicant's surveyor to resolve this issue.
b) On the dedication sheet the signature line for the City
Manager needs to be changed from Administrator to City
Manager.
c) On the final plat the street named Village Boulevard
shall be changed to a name acceptable to Public Safety.
d) The final plat needs to dedicate drainage and utility
easements over the proposed utilities from the private
street sections of the plat. The developer should also
be aware that should additional easements be required
upon review of the final construction plans and
specifications, the developer will be responsible for
providing them on the final plat documents.
44. The grading, drainage and erosion control plan shall be
revised to include lot and block numbers.
45. Final plat approval is contingent upon formal approval of
the construction plans and specifications by the City
Council.
10. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
attached as Exhibit "B" and incorporated herein.
SP -9
CITY OF CHANHASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
AND:
Don Ashworth, City Manager
DEVELOPER:
RESIDENTIAL DEVELOPMENT, INC.
WA
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Nancy K. Mancino, Mayor, and by
Don Ashworth, 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 , 19 , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -10
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SP -11
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 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 multi -
phased 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.
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 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.
4. 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 necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
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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. Within sixty (60) days after the
completion of the improvements 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
sets of blue line 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, and (6) bench mark network.
5. 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. § 505.02, Subd. 1. The
Developer's 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 commenced or building
permits 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 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
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. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
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 rights or obligations hereunder. No
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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 stabilized 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 measures.
7a. 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 escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code § 20 -94.
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 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 attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. 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
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letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, 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 contemporaneously 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. Landscaping. Landscaping shall be installed in
accordance with Plan D.
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2%) 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 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 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 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.
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13. Warranty. The Developer warrants all work required to
be performed by it against poor material and faulty workmanship for
a period of two (2) years after 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 twelve (12) months
from the time of planting. 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.
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 consistent with development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. 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 $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
18. 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.
19. 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
resident construction inspections. The fee shall be shall be
calculated as follows:
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i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
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;
if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2Y22 %) of construction
costs for the first $1,000,000 and one
and one -half percent (1% %) 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
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 out -of- pocket costs incurred by
the City for providing resident construction 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 19E 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 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 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 may or may not have sold,
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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.
20. 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 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.
21. 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.
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.
E. Severability If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
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reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits Building permits, except for two
model homes adjacent to a paved street, 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.
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 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
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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 The normal construction hours
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.
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. 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.
M. 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.
N. 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.
O. 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
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under this paragraph shall end two (2) years after the public
improvements in the plat have been accepted by the City.
P. 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.
Q. 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.
R. 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.
S. 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.
T. 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.
U. 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
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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.
V. Haul Routes Bluff Creek Drive from Trunk Highway
212 to Pioneer Trail (CSH 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, construction material, construction
equipment or construction debris, or any other purpose.
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