7b. Dempsey Addition: Development Contract, Plans & Specs.I
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I MEMORANDUM
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CITY O F ..�....
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer 144(
DATE: January 3, 1996
Action ' y City Administrator
Endo rspd_Z • )(Vlq
modiNiall .................. ,
Rejecte !77 �R
Date submitted to commission
su bmi tt e d -,-
,tt t, —c
SUBJ: Approve Development Contract and Construction Plans and Specifications for
Dempsey Addition - Project No. 96-1
M wV
The attached Development Contract incorporates the &.tditions of approval from the final platting and
construction plans and specifications rev proc. S �ah
t as calculated the required financial security
, d's
to guarantee compliance with the terms of the PoVelopmetit Contract at $57,800 and the Development
1 ' 5 '
Contract administration fees total $16,695 which includes 'V of the required Park and Trail fees.
The applicant has also submitted detailed construction plans"ai
Council approval Staff has reviewed the ,construction plans E"
general conformance to the City standaA. It is therefore rec
,?�OV,
and specifications for Dempsey Addition dated December 12,
prepared by Terra Engineering," I ' fic., and the Development Q
approved conditioned up9p,t following:
1. The app
I letter of
ktm
Attachments: 1. Development Contract
' NOTE: Construction plans and specifications
Department.
I c: Timothy & Vicki Dempsey
I g-Veng� "jectMempxtapprm.de
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specifications for staff review and City
specifications and finds them in
mended that the construction plans
95, revised December 29, 1995,
'act dated January 8, 1996 be
the City with a cash escrow or
ki ''t " $1&`695.
ion of
available for review in the Engineering
CITY OF CHANHASSEN
DEMPSEY ADDITION
PROJECT NO. % -I
BREAKDOWN OF ADMIN
ISTRATION FEES - 1/3/96
Estimated Total Cost of Public Improvements ................... ............................... .....................$52,560.00 1
- 3% of Public Improvement Costs (Under $500,000) ............................. ..............................$ 1,577.00
- Street Lighting Charge (for electricity)
1 @ $ 200 ...................................................................................... ............................... $ 200.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) ......................................................... ............................... $ 350.00
- Recording Fees
a . Development Contract .............................................................. ............................... $ 30.00
b. Plat Filing ................................................................................. ............................... $ 30.00
c. Tree Conservation Easements .................................................. ............................... $ 30.00
- Park and Trail Fees (1/3) [7 lots x $1, 200/ 31 .......................................... ..............................$ 2,800.00
- SWMP Fees (water quantity and quality) ..............:.............................. ..............................$ 11,676.00
TOTAL ADMINISTRATION FEES ................................................... ..............................
g. do dempWy.fee
' CITY OF CHANHASSEN
' CARVER AND HENNEPIN COUNTIES, MINNESOTA
I DEMPSEY ADDITION
I DEVELOPMENT CONTRACT
i (Developer Installed Improvements)
TABLE OF CONTENTS
PAGE I
SPECIAL PROVISIONS
1.
REQUEST FOR PLAT APPROVAL ............................
SP -1
1.
2.
CONDITIONS OF PLAT APPROVAL ............................
SP -1
2.
3.
3.
DEVELOPMENT PLANS ....... ...............................
SP -1
4.
4.
IMPROVEMENTS ............ ...............................
SP -2
5.
5.
TIME OF PERFORMANCE ..... ...............................
SP -2
6 .
6.
SECURITY ................ ...............................
SP -2
7.
7.
NOTICES ................. ...............................
�qP - '�
7A.
8. OTHER SPECIAL CONDITIONS ............................... SP -3
9. GENERAL CONDITIONS ...... ............................... SP -5
GENERAL CONDITIONS
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1.
RIGHT TO PROCEED ........ ...............................
GC -1
2.
3.
PHASE DEVELOPMENT ....... ...............................
EFFECT OF SUBDIVISION APPROVAL .........................
GC -1
GC -1
4.
IMPROVEMENTS ............ ...............................
GC -1
5.
IRON MONUMENTS .......... ...............................
GC -2
6 .
LICENSE ................. ...............................
GC -2
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7.
SITE EROSION CONTROL .... ...............................
GC -2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING ................ ...............................
GC -3
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8.
CLEAN UP ................ ...............................
GC -3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ...............
GC -3
10.
CLAIMS .................. ...............................
GC -3
11.
PARK AND TRAIL DEDICATION ..............................
GC -4
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12.
LANDSCAPING ............. ...............................
GC -4
13.
14.
WARRANTY ................ ...............................
LOT PLANS ............... ...............................
GC -5
GC -5
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15.
EXISTING ASSESSMENTS .... ...............................
GC -5
16.
17.
STREET LIGHTING ......... ...............................
SIGNAGE ................. ...............................
GC -5
GC -5
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18.
HOUSE PADS .............. ...............................
GC -5
19.
20.
RESPONSIBILITY FOR COSTS ...............................
DEVELOPER'S DEFAULT ....................................
GC -5
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
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J. Remedies ........... ...............................
GC -9
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Assignability ...... ............................... GC -9
Construction . ............................... GC -9
Access............. ............................... GC -9
Street Maintenance . ............................... GC -9
StormSewer Maintenance .......................... GC -10
Soil Treatment Systems ........................... GC -10
Variances ......... ............................... GC -10
Compliance with Laws, Ordinances, and Regulations GC -10
Proof of Title .... ............................... GC -10
Soil Conditions ... ............................... GC -10
Soil Correction ... ............................... GC -11
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements).
DEMPSEY ADDITION
SPECIAL PROVISIONS
AGREEMENT dated January 8, 1996, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
TIMOTHY L. DEMPSEY and VICKI L. DEMPSEY, husband and wife (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for DEMPSEY ADDITION (referred to in this
Contract as the "plat "). The land is legally described on the
attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A: Plat prepared by Ron Krueger & Associates and approved
by the Chanhassen City Council on January 8, 1996.
Plan B: Grading, Drainage and Erosion Control Plan dated
December 12, 1995, revised December 29, 1995, prepared
by Terra Engineering, Inc.
Plan C: Plans and Specifications for Improvements dated December
12, 1995, revised December 29, 1995, prepared by Terra
Engineering, Inc.
Revised 3/22/94
SP -1
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4. Improvements. The Developer shall install and pay
for
payment of
the following:
of all public improvements, and construction of all
A. Sanitary Sewer System
11,000.00
improvements,
B. Water System
City with a
letter of
C. Storm Water Drainage System
credit from a
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D. Streets
for
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E. Concrete Curb and Gutter
The amount of the security was
calculated as 110% of
F. Street Signs
the following:
G. Street Lights
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H. Site Grading and Restoration
sewer ...... ..............................$
I. Underground Utilities (e.g. gas, electric, telephone, CATV)
J. Setting of Lot and Block Monuments
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K. Surveying and Staking
L. Erosion Control and Tree Preservation Fencing
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M. Wetland Monumentation
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
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this Contract,
payment of special assessments,
payment of
the costs
of all public improvements, and construction of all
public
11,000.00
improvements,
the Developer shall furnish the
City with a
letter of
Street signs ........ ..............................$
credit from a
bank, cash escrow, or equivalent
( "security ")
for
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$ 57,800.00 .
The amount of the security was
calculated as 110% of
the following:
'
Sanitary
sewer ...... ..............................$
600.00
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Watermain .........................................
$ 550.00
Storm Sewer, Drainage System,
including cleaning and maintenance ................$
11,000.00
Streets. .. ................$
33,260.00
Street signs ........ ..............................$
50.00
Erosion control /Site Restoration ..................$
2,000.00
I Engineering, surveying, and inspection ............ $ 5,000.00
' Wetland Monuments ... ..............................$ 100.00
TOTAL COST OF PUBLIC IMPROVEMENTS .................$ 52,560.00
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
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 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
employees or agents,, or mailed to the Developer by registered mail
at the following address:
Timothy & Vicki Dempsey
2301 Lukewood Drive
Chanhassen, MN 55317
Telephone: (612) 937 -4069
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
A. The applicant shall meet all conditions of the
Subdivision #95 -21.
B. Tree preservation conditions:
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1.
All tree fencing
as drawn on plans shall be
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installed prior
to any grading or excavation.
2.
Fencing shall be
extended to property lines
between lots 3 and
4 as well as across the
rear yard of lot
6.
3.
All significant
trees must be shown on the
building permit
surveys.
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4.
All trees in front
yards of lots 1, 3, and 5
block 1 shall be
protected by tree fencing.
SP -3 I
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The fencing shall be placed, at a minimum, at
least 15 feet from the trunk.
5. The two 26 inch oaks in the northeastern
corner of lot 7 are not recommended for
preservation.
6. The vegetated areas which will not be
affected by the development will be protected
by a conservation easement. The applicant
shall provide the city with a legal
description of these easements.
C. Building Department condition:
1. Obtain demolition permits. This should be
done prior to any grading on the property.
D. Park and trail fees shall be paid in lieu of land
as required by city ordinances.
E. The existing outbuildings and any septic system or
wells on the site shall be abandoned in accordance with City
and /or State codes.
' 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.
' G. 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.
H. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Watershed District,
Metropolitan Waste Control Commission, Health Department, Minnesota
' Pollution Control Agency, Minnesota Department of Natural Resources
and Army Corps of Engineers and comply with their conditions of
approval.
I. 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 per sign.
J. 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.
I SP -4
K. The propose
of 4.2 developable acres
connection charge of $3,360
These fees are payable to
final plat.
t
d single family residential development
is responsible for a water quality
and a water quantity fee of $8,316.
the City prior to the City filing the
L. 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.
M. The existing residence on Lot 4 shall be connected
to City sewer and the septic system properly abandoned prior to the
final plat being received.
N. The streets and storm drainage system shall be
constructed in accordance to the City's rural street and utility
standards. Detailed construction plans and specifications shall be
submitted for review and formal approval by the City Council in
conjunction with final plat approval. The plans shall be designed
in accordance with the latest edition of the City's standard
specifications and detail plates. Final plat approval is
contingent upon approval of the construction plans by the
Chanhassen City Council.
O. 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. Neighborhood identification monument signs require
a separate permit.
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 -5
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CITY OF CHANHASSEN
BY:
(SEAL)
Donald J. Chmiel, Mayor
Don Ashworth, City Manager
AND:
DEVELOPER:
Timothy L. Dempsey
Vicki L. Dempsey
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1996, by Donald J. Chmiel, 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 1996, by Timothy L. Dempsey and Vicki L.
Dempsey.
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 -6
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Southwest Quarter of Section 15- 116 -23,
Carver County, Minnesota described as follows: Commencing at
the Northwest corner of said Southwest Quarter; thence on an
assumed bearing of the South 89 degrees 59 minutes 16 seconds
East, along the North line of said SW 1/4, a distance of
205.00 feet; thence South 00 degrees 00 minutes 44 seconds
West, a distance of 50.00 feet to the actual point of
beginning; thence South 89 degrees 59 minutes 16 seconds East,
a distance of 252.98 feet; thence Southeasterly 323.35 feet
along a tangent curve concave to the Southwest having a radius
of 253.31 feet; thence South 16 degrees 50 minutes 50 seconds
East, a distance of 79.77 feet; thence Southerly 154.75 feet
along a tangent curve concave to the West, having a radius of
280.00 feet; thence continuing Southerly 124.64 feet along a
tangent curve concave to the East having a radius of 200.00
feet; thence South 69 degrees 06 minutes 49 seconds West, a
distance of 237.24 feet; thence North 30 degrees 40 minutes 03
seconds West, a distance of 600.00 feet; thence North 00
degrees 00 minutes 44 seconds East, a distance of 100.00 feet
to the point of beginning.
Outlots B and C, MINGER ADDITION, Carver County, Minnesota.
SP -7
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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 , 19
STATE OF MINNESOTA
k ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 191
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
. .
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of , 19
STATE OF MINNESOTA
t 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
SP -9
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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.
' federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
' require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
' 4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
' City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
I GC -1
2. Phased Development. If the plat is a phase
of a multi -
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phased preliminary plat, the
City may refuse to approve
final plats
of subsequent phases if the
Developer has breached this
Contract
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and the breach has not been
phases may not proceed until
remedied. Development of
Development Contracts for
subsequent
such phases
affect the use, development
are approved by the City.
dedications of the
' federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
' require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
' 4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
' City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
I GC -1
3. Effect of
Subdivision Approval. For two (2) years from
the date of this
Contract,
no amendments to the City's
Comprehensive Plan,
except an
amendment placing the plat in the
current urban service area, or
official controls shall apply to or
affect the use, development
density, lot size, lot layout or
dedications of the
approved
plat unless required by state or
' federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
' require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
' 4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
' City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
I GC -1
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
GC -2
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development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code § 20 -94.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
.all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
GC -3
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letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail' dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. 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:
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i) if the cost of the construction of public
improvements is less than $500,000, three I
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 (1% %) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
accordance with Article 19E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
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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.
maintenance
Postmaster's
C.
against the
Postal Service
of postal servic
request.
The Developer shall provide for the
e in accordance with the local
Third Parties Third parties shall have no recourse
City under this Contract.
GC -7
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.
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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. 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.
GC -9
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
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
too 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
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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
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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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.
1 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.
1 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
1 the development plans, except those lots adjacent to Lukewood
Drive, specifically Lots 4,5,6 and 7, Block 1 where the streets and
utilities have already been constructed and approved.
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G. Waivers /Amendments The action or inaction of the
1 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
1 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
1 may be recordea7 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
1 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
1 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
1 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
1 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
1 GC -8