1g Hidden Creek Amendment CITYOF
7700 Iviarket Boulevard
PO Box 147
Chanhassen. MN 55317
Administration
Phone: 952.227.1100
Fa:<: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fa:,;: 952.227.1190
Engineering
PHC?_: 952.227.t !60
Fa','.: 952.227.1 i70
Finance
Ph,z, ne: 952.227.1140
952.227.'i]10
Park & Recreation
pn.?ne. ~.; ~,- ~
~,~_.;--'..' ,'.~ 120
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..... Sa2.~'. ilo
23i,3 CccltarBou!evare
Phone: 952.227.i400
Fax: 952.227 !404
Planning &
Natural Resources
Pt:z, ne: 952.227.1130
F~,- 952.2271110
Public Works
i591 Park Road
Phone: 952.227.1300
Fa:,:: 952.227.1310
Senior Center
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Web Site
;,, ,,,,,,,r. Ci.ch.?.n ha$$en.mn.us
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
Bob Generous, Senior Planner
September 5, 2002
Consent to Assigmnent of Developer Rights and Amendment of
Development Contract for Hidden Creek- Project No. 02-09
BACKGROUND
The developer, Matrix Development, LLC, is selling his development, Hidden
Creek, a 20-lot single-family subdivision located at Pipewood Curve and
Highway 7, to Loch Development, LLC. They have requested that the City
approve the attached consent to assignment. The City Attorney has reviewed the
document and determined that approval of the consent to assignment of the
development rights for Hidden Creek is appropriate. If the council approves, then
going forward xve would treat Loch Development, LLC, as the developer and
require it to sign and post the necessary security.
The City must amend the development contract for the project to change the
developer from Matrix Development, LLC, to Loch Development, LLC. Finally,
City Council will need to amend the Council agenda for Monday, September 9,
2002, to add this item to the consent agenda.
RECOMMENDATION
Staff requests that City Council amend the September 9, 2002, agenda adding the
following item to the cOnsent agenda and approve motions to approve both items'
Approval of the consent of the Assignment and Assumption Agreement
Developer Rights and Obligations for Hidden Creek.
Approval of amendment of the Development Contract for Hidden Creek
.
changing developer from Matrix Development, LLC, to Loch
Development, LLC.
ATTACHMENTS
1. Assignment and Assumption Agreement Developer Rights and Obligations
for Hidden Creek
2. Development Contract for Hidden Creek
c.'
Rick Vogelgesang, President, Lock Development, LLC
g:\plan\bg\development reviexvXhidden creek consent to assignment.doc
...... rm~.,.o o~,,..,I,.,,.,,, thri,.,ino businesses, windino trails, and beautiful parks. A aeat place ~' !~,, ,qmk and play.
The City of Chanhassen ® ~ orowino community with clean !al.m~ quality schools, a ~-h2 'n
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
HIDDEN CREEK
DEVELOPMENT CONTRACT
(DeveloPer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
,
2.
3.
4.
5.
6.
7.
8.
9.
REQUEST FOR PLAT APPROVAL .................... i ....................................................... SP-1
CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1
DEVELOPMENT PLANS ............................................................................................ SP-1
IMPROVEMENTS ........................................................................................................ SP-2
TIME OF PERFORMANCE ................................................................... .. ..................... SP-2
SECURITY
· · ................................................................................................................... SP-2
NOTICES ..
..................................................................................................................... SP-3
OTHER SPECIAL CONDITIONS ................................................................................ SP-3
GENERAL CONDITIONS .............. : ............................................................................. SP-7
GENERAL CONDITIONS
.
2.
3.
4.
5.
6.
7.
7A.
,
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
RIGHT TO PROCEED ................................................................................................. GC-1
PHASE DEVELOPMENT ........................................................................................... GC-1
EFFECT OF SUBDIVISION APPROVAL .................................................................. GC-1
IMPROVEMENTS ....................................................................................................... GC-1
IRON MONUMENTS .................................................................................................. GC-2
LICENSE .............................................................. - ........................................................ GC-2
SITE EROSION CONTROL ........................................................................................ GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING .......................................................... : ................................................. -. ....... GC-2
CLEAN UP ........................................ .. .......................................................................... GC-2
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-2
CLAIMS ......................................................... .. ....................................................... ; ...... GC-3
PARK'AND TRAIl. DEDICATION ............................................................................ GC-3
LANDSCAPING ............................................................ ' ....... ; ..... ' .............. 2 .................. GC-3
WARRANTY ....................................................... - ................. . ..................... - .................. GC-4
LOT PLANS ...................................................................... ' ........................................... GC-4
EXISTING ASSESSMENTS ....................................................................................... GC-4
HOOK-UP CHARGES ................................................................................................. GC-4
PUBLIC STREET LIGHTING .................. ; .................................................................. GC-4
SIGNAGE ..................................................................................................................... GC-4
HOUSE PADS ......................................................... : ............. .. ...................................... GC-4
RESPONSIBILITY FOR COSTS ................................................................................. GC-4
DEVELOPER'S DEFAULT ......................................................................................... GC-6
MISCELLANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service .................................................................................................... GC-6
C. Third Parties ...................................................................................................... GC-6
D. Breach of Contract ............................... ~ ........................... : ................................ GC-6
E. Severability ....................................................................................................... GC-6
F. Building Permits ............................................................................................... GC-6
G. Waivers/Amendments ....................................................................................... GC-7
H. Release .............................................................................................................. GC-7
I. Insurance ........................................................................................................... GC-7
J. -Remedies ........................................................................................................... GC-7
K. Assignability ..................................................................................................... GC-7
L. Construction Hours ........................................................................................... GC-7
M. Noise Amplification .......................................................................................... GC-8
N. Access ............................................................................................................... GC-8
O. Street Maintenance ............................................................................................ GC-8
P. Storm Sewer Maintenance ................................................................................ GC-8
Q. Soil Treatment Systems .................................................................................... GC-8
R. Variances ........................................................................................................... GC-8
S. Compliance with La~vs, Ordinances, and l~egulations ...................................... GC-9
T. Proof of Title ..................................................................................................... GC-9
U. Soil Conditions ................................................................................................. GC-9
V. Soil Correction .................................................................................................. GC-9
W. Haul l~outes ............................................................................................................ GC-9
X. Development Signs ................................................................................................ GC-9
Y. Construction Plans ............................................................................................... GC- 10
Z. As-Built Lot Surveys ................................................ : .......................................... GC- 10
ii
CITY OF CHANI SSEN
DEVELOPM-ENT CONTRACT
(Developer Tn~qalled Improvements)
HIDDEN CREEK
SPECIAL PROVISIONS,
AGREEMENT dated July 22, 2002 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and LOCH DEVELOPMENT, IX.C, a Minnesota
Limited Liability Company (the "Developer")..
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Hidden Creek (refen~ 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
thc 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 x~tten terms
shall control. The plans are:
Plan A:
Final plat approved July 22, 2002, prepared by Frank R. Cardarelle, Land Surveyor.
Plan B:
Grading, Drainage and Erosion Control Plan dated July 15, 2002, prepared by Ryan
Engineering.
Plan C:
Plans and Specifications for Improvements dated July 1, 2002, prepared by Ryan
Engineering.
Plan D:
Landscape Plan dated July 1, 2002, prepared by Ryan En~neering.
R~4s~xl 3/2_4/99
SP-1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
June 30, 2003. The Developer may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases and the extended completion date.
6. Seeurit3'. To guarantee compliance xvith the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
huprovements, the Developer shall furnish the City with a letter of credit from a bank or cash
escrow ("security") for $682,118. The mount of the security was calculated as 110% of the
following: '
Site Grading/Restoration
$ 79,625.00
Sanitary Sewer $ 66,400.00
Watermain $ 55,500.00
Stoma Sewer, Drainage System, including cleaning mad maintenance
$ 107,208.00
Streets $ 224,076.00
Street lights and signs
$ 2,700.00
Erosion control $ 8,750.00
Engineering, surveying, and inspection
$ 38,098.00
Landscaping $ 37.750.00
TOTAL COST OF PUBLIC IMPROVEMENTS
$ 620:107.00
SP-2
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The security shall be for a term ending
November 14, 2003. The City may draw down the security, without notice, for any violation of the
terms of this Contract. If the required public improvements are not completed at least thirty (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.
7. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its emplo .y~.ms or agents, or mailed to the Developer by registered
mail at the following address:
Rick Vogelgesang, President &
Jeffi'ey Holmers
Loch Development, LLC
4100 Berkshire Drive
Plymouth, MN 55446
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. A 50-foot structure setback shall be maintained from TH 7.
B. The front of the houses in Block 6 shall be oriented as shown on the preliminary plat.
C,
Cross access and maintenance agreements shall be recorded against the lots for Lots 1 and
2, Block 6 for the use and maintenance of the private street.
D. Prior to final plat approval, a professional civil en~neer registered in the State of -
Minnesota must sign all plans.
E.
The storm sewer must be designed for. a 10-year, 24-hour storm event. The proposed
development is required to maintain existing runoff rates. All of the ponds are required to
be designed to National Urban Runoff Program (NURP) standards. Drainage and utility
easements will need to be dedicated on the final plat over the public storm drainage system
including ponds, drainage swales, and wetlands up to the 100-year flood level. The
minimum utility easement width shall be 20 feet wide.
SP-3
F.
G.
H,
J,
Staff recommends that Type II silt fence be used around the ~rading perimeter of the site
and that Type III silt fence be used adjacent to all ponds and wetlands, adjacent to all
wetland fill areas, areas to be preserved as buffer or, if no buffer is to be preserved, at the
delineated wetland edge. A 75-foot minimum rock construction entrance must be added to
the entrance that will be accessed during construction. The applicant should be aware that
any off-site grading would require an easement fi.om the appropriate property owner. 3.11
upland areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of
completion of each activity in aeeor~ee with the City's Best Management Practice
Handbook. Silt fence shall be removed upon completion of site grading and
reestablishment of vegetation.
Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
Each newly created lot will be subject to City sanitary sewer and water hookup charges at
the time of building permit issuance. The 2002 trunk utility hookup charges are $1,383 per
unit for sanitary sewer and $1,802 per unit for water.
Public utility improvements are required to be constructed in accordance with the City's
latest editions of Standard Specifications and Detail Plates. Detailed construction plans
and specifications are required at the time of final platting. The applicant shall be required
to enter into a development contract with the City and supply the necessary financial
security in the form of a letter of credit or cash escrow to guarantee installation of the
improvements and the conditions of final plat approval. Permits fi.om the appropriate
regulatory agencies must be obtained, including but not limited to the MPCA, Department
of Health, Watershed District, Carver County, etc. The applicant shall finance all of the
proposed improvements.
A registered structural engineer must design any retaining walls in excess of four feet in
height.
K. Add all applicable 2002 City of Chanhassen Detail Plates to the plans.
L,
Show all of the existing and proposed easements on the plans.
M. Show the location of the outlet control structures for all ponds.
N,
O!
The proposed development will be required to meet the existing stormwater runoff rates for
the 10- and 100-year, 24-hour storm events.
In areas where the existing utility lines have been abandoned/removed, the existing utility
easements must be vacated.
SP-4
P.
Upon construction of the new access: the existing Pipewood Curve/TH 7 intersection shall
be closed, the pavement removed to the edge of the TH 7 right-of-way, and a cul-de-sac
turnaround installed at the southwest end of Pipewood Curve. These improvements shall
be shown on the plans.
Qo
The proposed private street must be built to a 7-ton design and enclosed within a minimum
30-foot wide cross-access easement. The developer shall provide ins-'pecfion reports to the
city for the private street.
R,
On the utility plan:
- Combine the pond inlets to the southern pond to have just one apron entering the pond.
- Keep the hydrants on the same side of the street as the watermain.
S!
On the grading plan:
- Show the benchmark used for the site survey.
- Show all pond contour elevations.
- Show the location of the 75-foot rock construction entrance.
T!
Wetland replacement must occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420) and the conditions of Wetland Alteration Permit #2002-1.
U,
All structures shall maintain a 40-foot setback fi.om the edge of the wetland buffer or, if no
wetland buffer is proposed, from the edge of the wetland. The following wetland buffers
shall apply: 0 feet- side yard of Lot 2, Block 2, rear yards of Lots 1, 2, and 3, Block 3,
and Lot 2, Block 4; 10 feet - side yard of Lot 2, Block 1, rear yards of Lot 2, Block 1, LOt
2, Block 2, LOts 1 and 4, Block 4, Lots 1, 2, 3, 4 and 5, Block 5, and Lots 1 and 2, Block 6;
and 20 feet - side yard of Lot 5, Block 5, rear yards of LOts 1 and 2, Block 1, LOts 1 and 2,
Block 2, Lots 3, 5 and 6, Block 4.
V. Drainage and utility easements shall be provided, over all existing wetlands, wetland '
mitigation areas and storm water ponds. .
W. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
X.
Based on the proposed developed area of 11.5 acres, the water quality fees associated with
this project are $9,200; the water quantity fees are $22,770. The applicant will receive
credit for water quality where NURP basins are provided to treat runoff fi.om the site and
outlet control structures are installed. The total SWMP fee, due payable to the City at the
time of final plat recording, is $19,126.
Y,
The applicant shall resubmit for city approval a landscaping plan that includes 166 trees.
The plant list shall be revised as follows: increase the number of large trees to 75, change
Colorado Blue Spruce to White Spruce, change Emerald Lustre Maple to Autumn Blaze
Maple, and change Pin Oak to Bicolor Oak. ' -'
SP-5
Z!
BB.
CC.
DD.
EE.
FF.
GG.
HH.
LL.
The applicant shall meet the minimum number and types of plantings required for the
buffer yard along the south property line. The applicant shat1 provide landscaping
screening in depth rather than all at the property line.
Proposed boulevard planting along all public streets shall be located outside of the right-of-
way. Planting and maintenance of these trees will be the responsibility of the
developer/development.
All structures shall maintain a 50-foot setback from the ordinary high water level (OHW)
of the creek between Lake Minnewashta and Lake Virginia. In lieu of the OHW, it is
acceptable to survey the banks of the creek and show that with a 50-foot setback on the
final plans. All structures shall meet the 50-foot setback from the creek banks.
The developer shall work with staff tO dispose of the construction debris, furniture and
appliances on site properly.
The developer shall work with staff to ensure uninterrupted stream flows.
The developer shall post a sign that the northerly extension street will be extended in the
future and the cul-de-sac is only temporary.
A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
Payment of full park fees in lieu of parkland dedication or construction.
Payment of full trail fees in lieu of construction of any section of the city's comprehensive
trail plan.
Provide for a sidewalk connection from Hidden Creek Estates to the Hennepin County
Regional Railroad Authority/Three Rivers Park District Light Rail Transit route multi-use
trail, including procurement/transfer of all applicable easements and permits.
Abandon and/or remove all of the existing sanitary sewer and watermain in the rear yard
area of Block 3. The proposed sewer and water lines in Pipewood Curve shall be designed
to serve the area.
In order for MnDOT to complete the Pipewood Curve/TH7 intersection realignment,
Matrix Development must provide the City with funds in the amount of $100,0000. These
funds will then be transferred from the City to MnDOT for the intersection costs.
The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $682,118 and pay an administration fee of
$52,018.
SP-6
MM. The applicant's en~neer shall work with City staff in revising the construction plans to
meet City standards.
9. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
(SEAL)
BY:
Linda C. Jansen, Mayor
Todd Gerhardt, City Manager
LOCH DEVELOPMENT, LLC
BY:
Rick Vogelgesang, President
STATE OF MINNESOTA )
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~ day of ,
20~, by Linda C. Jansen, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by it~ City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
COUNTY OF )
The foregoing instrument was acknowledged before me this __ day of ,
20 , by Rick Vogelgesang, President of Loch Development, LLC, a Minnesota Limited Liability
Company.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chm~mssen, MN 55317
(952) 227-1100
NOTARY PUBLIC
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Southeast Quarter of the Northwest Quarter of Section 6, and that part of the
Southwest Quarter of the Northwest Quarter of Section 5 all in Township 116 North, Range 23
West of the 5th Principal Meridian, lying Easterly of the Easterly right-of-way line of Hennepin
County Regional Railroad Authority, Northeasterly of PLEASANT ACRF_3 2~r° ADDITION,
Northwesterly of the Northwesterly right-of-way line of State Trunk Highway No. 7, Southerly and
Southwesterly of the following described "Line A".
LINE A:
Commencing at the Northeast comer of said Southeast Quarter of the Northeast Quarter of Section
6; thence on an assumed bearing of South, along the East line of said Southeast quarter of the
Northeast Quarter, a distance of 120.00 feet to the point of beginning of said "Line A"; thence on a
bearing of East a distance of 634.00 feet; thence Southeasterly to a point on a line 10.00 feet
Northerly of and parallel with the center line of abandoned Great Northern Railway, distance
1011.60 feet Northeasterly of the point of tangency of said parallel line and said "Line A" there
terminating.
SP-9
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 6f 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 mulfiphased 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 t~rban 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
xvith 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 Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
GC-1
preconstmction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff; to review the program for the construction work.
5. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd~
1. The Developer's surveyor shall submit a written notice to the City cea'tifying 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 perm]ts are issued, the erosion control plma, 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 distu~ed by the excavation and backfilling
operations shall be reseeded forthwith af~ 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 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/'estored,
even if constmction has been completed and accepteck 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 emsion'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 .s!reets 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. Atler '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 en~neer shall submit a written statement to the
City Engineer certi~ing that the project has been completed in acco~ce with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
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 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 pemaits 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. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public'hazard, ~uch
as bug infestation or weak bark,-are prohibited. The minimum tree size shall be two and one-half
(2½) 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
GC-3
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 atter its completion and
acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and
disease free at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months from the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance. The security amount shall be 100% of the total construction cost.
14. Lot Plans. Prior to the issuance of building permits, an accep~le 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. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year term at the rotes in effect at time of application.
17. Public Street Lighting. The Developer shall have installed and pay for public
street lights in acco~ce with City standards. A plan shall be submitted for the City Engineer's
approval prior to the installation. Before the City si~ the final plat, the Developer shall pay the
City a fee of $300.00 for each street light installed in the plat The fee shall be used by the City for
furnishing electricity for each public street light for twenty (20) months.
18. Signage. All street signs, tra~c signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
!
19. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
20. 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
GC-4
acceptance of improvemonts. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
ii)
if the cost of the construction of pubhc improvements is between
$500,000 and $1,000,000, three percent (3%) of construction costs
for the first $500,000 and two percent (2%) of construction costs
over $500,000;
iii)
if the cost of the construction of public improvements is over
$1,000,000, two and one-half percent (2½%) of construction costs
for the first $1,000,000 and one and one-half percent (1½%) 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 costs incurred by the City for providing 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 20E 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, 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.
GC-5
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the 'cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format.
21. Developer's Default. In the event of de~tlt 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.
22. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City En~neer as a part of the pre-constmction meeting for
installation of public improvements. Trailers shall be removed fi'om 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 Postmasters request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it
D. Breach of Contract. Breach of the terms of this Contract by the Developer
shall be grounds for denial of building p,ermits, including lots sold to third parties. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
E. Severabili _t3,. 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 mn 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
ex4dencing 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 fi:om 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 fight, power or remedy.
K. Assi~. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, fi:om 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
GC-7
First violation $
Second violation $
Third & subsequent violations
500.00
1,000.00
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in thi~ paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City. Warning si~ shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the
street base or utilities because of snow plowing operations. The provision of City snow plowing
service does not constitute final acceptance of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
Th~ Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the' plat have been
accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the
special pmvisious of this contract, will be held by the City for the duration of the 2-year
maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances fi'omthe City's ordifiances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded, as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. Bluff .Creek Drive from Tnmk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lif~ of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
GC-9
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11"x17" reduced
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
of the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Myhu-
as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif format, and (8) digital file of utility tie sheets in either .doc
or .tif format. The Developer is required to submit the final plat in electronic format.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. 'The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor.
GCml0
ASSIGNMENT AND ASSUMPTION AGREEMENT
DEVELOPER RIGHTS AND OBLIGATIONS FOR HIDDEN CRRRK
THIS ASSIGNMRNT AND ASS~ON AGRREMRNT is made and entered into the
__ day of September, 2002, by and between MATRIX DEVELOPMENT, LLC, a Minnesota
limited liability company ("Seller"), and LOCH DEVELOPMENT LLC, a Minnesota limited
liability company ("Purchaser").
RECITALS
A. Seller desires to assign to Purchaser, and Purchaser desires to assume from Seller, all of
Seller's right and interest as applicant and developer for real property located in Chanhassen,
Minnesota, to be platted as "Hidden Creek" (the "Property"), ownership of which has this day
been transferred to Purchaser. Seller has obtained final plat approval for the Property, but has
not yet completed the final plat process. Such assignment and assumption is intended to, and
shall, cover final plat application and filing, posting of all security required by the City,
development of the Property; and execution of all agreements, including the Developer's
Agreement, with the City relating to the development of the Property; and
B. Seller and Purchaser desire (i) to effect the assignment to Purchaser of Seller's interest in
and rights relating to the Property; and (ii) to evidence the assumption by Purchaser of certain
obligations and duties of Seller relating to the Property.
AGREEMENT
in consideration of the'payment of One Dollar ($1.00) and other
NOW,
THEREFORE,
good
and valuable consideration, receipt of which is hereby acknowledged, Seller and Purchaser agree as
follows:
1. Assimament, Seller hereby assigns and transfers to Purchaser its interest in and-
fights relating to Seller's role as applicant and developer of the Property, and delegates to Purchaser
all of its duties and responsibilities relating to the Property performable on or after the date hereof.
Seller agrees to indemnify and hold hauuless Purchaser from and against all losses, liabilities, costs
and expenses (including reasonable attorney fees) arising prior to the date hereof in connection with
any obligation or liability relating to the Property.
2. Assumotion. Purchaser hereby assumes and agrees to pay and perform all of
Seller's obligations as applicant and developer of the Property, arising on or after the date hereof to
the same extent as if Purchaser had been the original applicant and developer. Purchaser agrees to
indemnify and hold harmless Seller from and against all losses, liabilities, costs and expenses
(including reasonable attorney fees) arising on and after the date hereof in connection with any
obligation or liability relating to the Property.
3. .Consent and Release. By executing this agreement, the City of Chanhassen
acknowledges and agrees to look to Purchaser for performance relating to the platting and
development of the Property, and releases Seller from all obligations arising thereunder to the extent
2254284vl
the same have been assumed by Purchaser. Seller and Purchaser acknowledge that the assignment
and assumption evidenced by this agreement shall be valid and effective as between the Seller and
Purchaser even in the absence of execution by the City of Chanhassen.
IN WITNESS ~F, the parties hereto have camel to be executed and delivered
counterparts of this Assigmnent and Assumption Agreement on the date first above written.
SELLER:
MATRIX DEVELOPMENT, LLC
PURCHASER:
LOCH DEVELOPMENT, LLC
By: By:
Frank Them, President
Rick Vogelgesang, President
CONSENT:
CITY OF CHANHASSEN
By:
Its:
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