1f. The Frontier: Change in Developer.CITY OF ��--
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles D. Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer '�V�
DATE: April 9, 1997
SUBJ: Authorize Change in Develop for Plat of "The Frontier" - Project No. 96 -16
The final plat and development contract for The Frontier was approved by the City Council on
October 14, 1996, however, the documents have not been signed or recorded. The developer,
Ted and Kathleen deLancey, have since sold their interest in the development to Streeter Brothers
Properties who will be recording the final plat documents shortly. Inasmuch as Streeter Brothers
will be taking over the development and platting responsibilities of the property, it is appropriate
that the City Council consider authorizing the change in developer by substituting Streeter
Brothers Property in place of the deLancey's. The attached development contract has been
amended to reflect the new developer, Streeter Brothers Properties. The final plat signature sheet
will also be amended accordingly.
It is therefore recommended that the City Council authorize the change in developers for the final
plat and development contract for The Frontier from Ted and Kathleen deLancey to Streeter
Brothers Properties.
Jms
Attachment: 1. Amended Development Contract dated October 14, 1996.
2. Letter from John Brennan dated March 21, 1997.
c: Don Streeter, Streeter Brothers Properties r L
\bfs1\vo12\eng\tave\cc \he frontier change.doc
JOHN H. BRENNAN
ATTORNEY A'r LAW
1000 SUPERIOR BOULEVARD
WAYZATA, MINNESOTA 55391
(612) 475 -3435
FAX: 475 -0301
OF COUNSEL:
LAMBF,RT & BOEDF.R
March 21, 1997
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Attn: Mr. Mr. David Hempel
Assistant City Engineer
RE: The Frontier
Dear Mr. Hempel:
} 'ARRAS" E
1 2 11 n 7
As we discussed, my client, Streeter Brothers Properties,
LLC, a Minnesota limited liability company has acquired the above
property from Ted de Lancey and his wife. Accordingly, Streeter
Brothers Properties, LLC will be taking over the development and
platting of the property. Inasmuch as Mr. de Lancey continues
to hold a Mortgage secured upon the property, in the plat
dedication, the LLC will be named as the owner and Ted H.
de Lancey will be named as the mortgagee.
The purpose of this letter is to request that you revise the
proposed Development Contract by substituting my client in the
place of the de Lanceys.
If you need anything else from me, at this time, please
call. I plan on having the Declaration of Covenants and
Easements to your office during the first few days of April,
1997.
Thank you for your assistance.
Verytruly yours,
JHB /sm
Encl.
cc: Mr. Don Streeter
Mr. Dwight Jelle
John H Arennan
Real Property Law Specialist
Certified by Minnesota State Bar Association
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
THE FRONTIER
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1. REQUEST FOR PLAT APPROVAL ... ...........................SP - 1
2. CONDITIONS OF PLAT APPROVAL . ...........................SP - 1
3.
DEVELOPMENT PLANS ...........
...........................SP - 1
4.
IMPROVEMENTS ...... .........
...........................SP - 2
5.
TIME OF PERFORMANCE .........
...........................SP - 2
6 .
SECURITY ....................
...........................SP -2
7.
NOTICES .............. ..................................
SP -3
8.
OTHER SPECIAL CONDITIONS ....
...........................SP - 3
9.
GENERAL CONDITIONS ..........
...........................SP -6
GENERAL CONDITIONS
1.
RIGHT TO PROCEED ............
...........................GC
-1
2.
PHASE DEVELOPMENT ...........
...........................
GC -1
3.
EFFECT OF SUBDIVISION APPROVAL .........................GC
-1
4.
IMPROVEMENTS ................
...........................GC
-1
5.
IRON MONUMENTS ..............
...........................GC
-2
6.
LICENSE .....................
...........................GC
-2
7.
SITE EROSION CONTROL ........
...........................GC
-2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING ....................
...........................GC
-3
8.
CLEAN UP ... ...................
.........................
GC -3
9.
ACCEPTANCE AND OWNERSHIP OF
IMPROVEMENTS ...............GC
- 3
10 .
CLAIMS .............. ...................................
GC -3
11.
PARK AND TRAIL DEDICATION ...
...........................GC
-4
12.
LANDSCAPING .................
...........................GC
-4
13.
WARRANTY ....................
...........................GC
-5
14 .
LOT PLANS ...................
...........................GC
-5
15.
EXISTING ASSESSMENTS ........
...........................GC
-5
16.
STREET LIGHTING .............
...........................GC
-5
17.
SIGNAGE .....................
...........................GC
-5
18.
HOUSE PADS ..................
...........................GC
-5
19.
RESPONSIBILITY FOR COSTS ....
...........................GC
-5
20.
DEVELOPER'S DEFAULT .........
...........................GC
-7
21.
MISCELLANEOUS
A. Construction Trailers ..
...........................GC
-7
B. Postal Service .........
...........................GC
-7
C. Third Parties .. ...................................
GC -7
D. Breach of Contract .....
...........................GC
- 8
E. Severability ...........
...........................GC
-8
F. Building Permits .......
...........................GC
- 8
G. Waivers /Amendments .....
...........................GC
- 8
H. Release ................
...........................GC
-8
I. Insurance ..............
...........................GC
-8
J. Remedies ...............
...........................GC
-9
1
K. Assignability .......... ...........................GC -9
L. Construction Hours ..... ...........................GC -9
M. Access ................. ...........................GC -9
N. Street Maintenance ..... ...........................GC -9
O. Storm Sewer Maintenance ..........................GC -10
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
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
THE FRONTIER
SPECIAL PROVISIONS
AGREEMENT dated October 14, 1996 between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
STREETER BROTHERS PROPERTIES, LLC, a Minnesota Limited Liability
Company ( "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for THE FRONTIER (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 prepared by Westwood Professional Services,
Inc. and approved by the Chanhassen City Council on
October 14, 1996.
Plan B: Grading, Drainage and Erosion Control Plan dated
September 3, 1996, revised September 20, 1996, prepared
by Westwood Professional Services, Inc.
Plan C: Plans and Specifications for Improvements dated
September 3, 1996, revised September 20, 1996, prepared
by Westwood Professional Services, Inc.
Plan D: Landscaping plan prepared by Arteka Natural Green dated
October 4, 1996.
Revised 3/22/94
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. Private Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric, telephone,
CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Wetland Monumentation
M. Landscaping
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1997. 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 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
$ 168,795.00 . The amount of the security was calculated as 1100 of
the following:
Site Grading ........... ............................... $ 45,000
Sanitary Sewer ......... ............................... $31,000
Watermain.............. ............................... $ 49,500
Storm Sewer, Drainage System,
including cleaning and maintenance .................... $ 7,000
Street lights and signs ............................... $ 200
Erosion control ........ ............................... $ 8,250
Engineering, surveying, and inspection ................ $ 7,500
Landscaping ............ ............................... $ _5,000
SP -2
TOTAL COST OF PUBLIC IMPROVEMENTS .................... $ 153,450
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
December 31, 1997. 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 100 of
the original amount 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:
Streeter Brothers Properties
Attn: Don Streeter
18304 Minnetonka Boulevard
Wayzata, MN 55391
Phone: 449 -9448
Notices to the City shall be in writing
delivered to the City Manager, or mailed
mail in care of the City Manager at
Chanhassen City Hall, 690 Coulter Drive,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
and shall be either hand
to the City by registered
the following address:
P.O. Box 147, Chanhassen,
A. A ten foot clear space must be maintained around
fire hydrants, pursuant to Chanhassen City Ordinance 9 -1.
B. Approved turn - arounds must be provided for fire
apparatus access roads in excess of 150 feet. Re- submit plan and
dimensions pursuant to 1991 U.F.C. Sec. 10.204 (d).
C. Entrance signage must comply with City Code
requirements. A separate sign permit must be submitted for any
signage.
D. Obtain demolition permits. This should be done
prior to any grading on the property.
SP -3
E. Dwellings on slopes exceeding 25% and dwellings
with 102" or more of unequal fill will be required to be designed
by a structural engineer.
F. 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. The applicant shall contact the Natural Resource
Conservation Service for a seed mixture that will be effective in
wooded areas.
G. The applicant shall field verify and document the
bluff areas on site. The applicant shall relocate the building pad
on Lot 9 up away from the bluff to meet setback requirements.
H. The applicant shall enter into a development
contract with the City and provide the necessary financial security
to guarantee compliance with the terms of the development contract.
I. 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.
J. 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 accepting the utilities
and will charge the applicant $20.00 per sign.
K. The lowest floor elevation of all buildings
adjacent to wetlands and storm ponds shall be a minimum of 2 feet
above the 100 -year high water level.
L. Existing wells and /or septic systems on site will
have to be properly abandoned in accordance to City and Minnesota
Department of Health codes /regulations.
M. The proposed single family residential development
of 8.7 developable acres is responsible for a water quality
connection charge of $6,960 and a water quantity fee of $9,257.00.
These fees are payable to the City prior to the City filing the
final plat. Credits will be given to these fees based on the
applicant providing for the City's SWMP requirements and will be
deducted from the totals after final plat review.
SPR4
N. The applicant shall report to the City Engineer the
location of any drain tiles found during construction and shall re-
locate or abandon the drain tile as directed by the City Engineer.
0. Individual grading, drainage, tree preservation,
and erosion control plans will be required for each lot at the time
of building permit application for the City to review and approve.
P. A fifteen foot tree removal limit shall be
established around all building pads. Tree protection fencing
shall be installed prior to excavation and grading. Tree removal
limits shall be shown on all building permit surveys.
Q. Applicant must use a trench box for the installa-
tion of the water line in order to minimize impact on canopy
coverage.
R. Park and trail fees are required per city ordi-
nance in lieu of park land dedication.
S. The bluff area shall be shown on all building per-
mit applications for this subdivision.
T. The applicant shall prepare and dedicate cross -
access easements and prepare maintenance agreements for the private
streets.
U. Revise the east property line buffer - planting
plan, prepared by Arteka Natural Green Corporation, dated 0/4/96,
to note that the average tree size shall be seven feet with a
minimum height of six feet.
V. The applicant shall establish a no cut zone on
each lot, subject to approval by the city, in which no vegetation
shall be removed, no grading will be permitted, no material may
be stored, and no equipment may enter.
Bluff areas shall be protected by the use of double fencing
consisting of silt fencing for erosion control and tree
protection fencing. In addition, where excavation or
construction is close to the bluff or in a critical area, a
barrier of staked hay bales shall also be installed.
W. The applicant shall provide an on -site forester to
assist with and direct the tree preservation for the development.
X. The houses shall be equipped with gutters and the
down spouts shall be directed toward the private street and away
from the bluff.
SP -5
Y. Lots 1 through 5 may access the private street
from Frontier Trail or Lots 1 and 2 may have direct access onto
Frontier Trail with an approved grading plan.
Z. The applicant shall have the final plat recorded
by April 30, 1997 or the final plat will be voided.
9. 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 -6
CITY OF CHANHASSEN
RYc
Nancy K. Mancino, Mayor
(SEAL)
ANT)
Don Ashworth, City Manager
DEVELOPER:
BY:
Streeter Brothers Properties, LLC
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 -7
EXHIBIT
TO
DEVELOPMENT
RM
CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
All of Lot 13 and those parts of Lot 14 and of Lot 16, Auditor's
Subdivision Number 2, Carver County, Minnesota, more particularly
described according to Carver County coordinates and bearings as
follows:
Commencing at the Southeast corner of the Southwest Quarter of the
Southeast Quarter of Section 12, Township 116, Range 23, Carver'
County, Minnesota; thence North 00 degrees 09 minutes 01 seconds
East, along the east line of said Quarter - Quarter 1323.82 feet;
thence South 89 degrees 30 minutes 23 seconds West 6.77 feet to the
southeast corner of Lot 16 as monumented being the actual point of
beginning of the land to be described; thence continuing South 89
degrees 30 minutes 23 seconds West along the south line of Lot 16
as monumented and as occupied a distance of 809.08 feet more or
less to a point 420 feet easterly of the southwest corner of Lot
16; thence at right angles North 00 degrees 29 minutes 37 seconds
West 221. 64, to the common line dividing Lot 16 and Lot 22 said
Auditor's Subdivision Number 2; thence along said common line the
following courses and distances; North 81 degrees 39 minutes 23
seconds East 7.86 feet; North 02 degrees 41 minutes 23 seconds East
244.47 feet; North 10 degrees 29 minutes 23 seconds East 130.37
feet thence continuing along the easterly line of Lot 22; North 37
degrees 14 minutes 23 seconds East 35.48 feet to the most northerly
northwest corner of Lot 13; thence along the northerly line of Lot
13 South 80 degrees 55 minutes 37 seconds East 244.79 feet; thence
North 78 degrees 34 minutes 23 seconds East 77.65 feet, to the
northerly corner between Lot 13 and 14; thence along the northerly
line of Lot 14; North 45 degrees 03 minutes 23 seconds East 181.70
feet; thence South 88 degrees 59 minutes 06 seconds East a distance
of 110.00 feet to a point along said northerly line; thence South
00 degrees 02 minutes 54 seconds East 204.35 feet; thence South 42
degrees 58 minutes 27 seconds West 20.52 feet; thence South 00
degrees 31 minutes 39 seconds East 469.00 feet more or less to a
point on a line parallel with and 33.00 feet North as measured at
right angles from the south line of Lot 16; thence North 89 degrees
30 minutes 23 seconds East along said parallel line a distance of
199.50 feet to the east line of Lot 16 as determined by
monumentation; thence South 00 degrees 08 minutes 15 seconds East
33.00 feet to the point of beginning. Except the East 33 feet of
Lot 16 as measured from the east line of Lot 16 as above- mentioned.
SP -8
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of
STATE OF MINNESOTA )
( ss.
COUNTY OF )
19
The foregoing instrument was acknowledged before me this day
of 1 19 ,
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 -9
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Ted H. and Kathleen S. deLancey husband and wife, who hold a
mortgage on the subject property, the development of which is
governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and effect even if
it forecloses on its mortgage.
Dated this day of , 19
TED H. DELANCEY
KATHLEEN S. DELANCEY
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
0
SP -10
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
SP -11
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. 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
GC -2
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion 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 5 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
GC -3
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. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Birch
Linden Ginkgo
Locust Kentucky Coffee Tree
Hackberry Hawthorn
Oak Hickory
Ash
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
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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 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
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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:
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 (2% %) of construction
costs for the first $1,000,000 and one
and one-half percent (1V2%) 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.
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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,
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.
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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
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits Building permits will not be
issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface
and the site graded and revegetated in accordance with Plan B of
the development plans.
G. Waivers /Amendments The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
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.
Cep
J. Remedies Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
K. Assignability The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction Hours The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 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.
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.
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