3.5b. North Bay 2nd Addition: Plans & Specs, Developmernt Contract.CI TY O F 3--6
CBANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
TO: Charles Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer
DATE: April 15, 1996
SUBJ: Approve PUD/Development Contract and Construction Plans and Specifications for
North Bay 2nd Addition - Project No. 95-20
The attached PUD/Development Contract incorporapps the conditions of approval from the final
platting and construction plans and specifications, feview process. Staff has calculated the required
financial security to guarantee compliance with- the terms of the PUD/Development Contract at
$1,003,750 and the PUD/Development Contracuwministration fees total $35,726 which includes 1/3
of the required park and trail fees and appropriat6 surface - water management fees.
The applicant has also submitted detailed construction
City Council approval. Staff has reviewed the constrL
documents are in general conformance With City stanc
construction plans and specifications for North Bay 2nd
April 3, 1996, prepared by Pioneer, Engineering and the
1996 be approved conditioned upon the following:
I The applicant enter into the PUD/Development Con
escrow or letter credit in� the ':amount "bf'$i
$35,726.
ktrn
and specifications for staff review and
plans and specifications and finds the
It is therefore recommended that the
Jon dated December 12, 1995, revised
(Development Contract dated April 22,
supply the City with a cash
pay an administration fee of
Attachments: 1. PUD/Development Contropt dated April 22, 1996
2. Construction plans and ""specitications are available for review in the
Engineering Department.
3. Breakdown of administration fees dated April 12, 1996.
c: Mr. Todd Stutz, Rottlund Homes
g.-Neng\projectsnorthbay\dcmemo.cc
MEMORANDUM
CITY OF CHANHASSEN
NORTH BAY 2ND ADDITION
PROJECT NO. 95-20
BREAKDOWN OF ADMINISTRATION FEES - 4/12/96
Estimated Total Cost of Public Improvements ................. ............................... ...................$842,500.00*
- 3% of Public Improvement Costs (Under $500,000) .......................... ..............................$ 15,000.00
- 2% of Public Improvement Costs (Over $500,000) ............................ ..............................$ 6,850.00
- Street Lighting Charge (for electricity)
3 lights at $200.00 each ............................................................. ..............................$ 600.00
- 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
- 1/3 Trail and Park Fees ($5,750 and $8,800) ...................................... ..............................$ 14,550.00
- SWMP Fees (CREDIT) .................................................................... ............................... ($ 1,684.00)
TOTAL ADMINISTRATION FEES .................................................. ..............................
*This figure does not include landscaping costs.
g:':,ngM0noathbayXee
CITY OF CHANHASSEN
' CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT AND
' PLANNED UNIT DEVELOPMENT AGREEMENT
I (Developer Installed Improvements)
NORTH BAY 2ND ADDITION
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE I
1.
REQUEST FOR PLAT' APPROVAL ..............................
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2.
CONDITIONS OF PLAT . APPROVAL ............, <..a
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3 .
ZONING ........... ........ <.................. . .....
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4.
DEVELOPMENT PLANT ....... ........ <....................,.
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5.
IMPROVEMENTS ............ ...............................
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6.
TIME OF PERFORMANCE ..... ...............................
SP -2
7.
SECURITY ................ ...............................
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8 .
NOTICES ................. ...............................
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9.
PUD APPROVAL ............ ...............................
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10.
OTHER SPECIAL CONDITIONS .......... .....................
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11.
GENERAL CONDITIONS ...... ...............................
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GEN ERAL CONDITIONS
1.
RIGHT TO PROCEED ........ ...............................
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2.
PHASE DEVELOPMENT ................... ...................
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3.
EFFECT OF SUBDIVISION APPROVAL .........................
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4.
IMPROVEMENTS ............ ...............................
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5.
IRON MONUMENTS .......... ...............................
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6.
LICENSE ................. ...............................
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7.
SITE EROSION CONTROL .... ...............................
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7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING ................ ...............................
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8.
CLEAN UP ................ ...............................
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9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS...............
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10 .
CLAIMS .................. ...............................
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11.
PARK AND TRAIL DEDICATION ..............................
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12.
LANDSCAPING ............. ...............................
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13,
WARRANTY ................ ...............................
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14.
LOT PLANS ............... ...............................
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15.
EXISTING ASSESSMENTS .... ...............................
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16.
STREET LIGHTING ......... ...............................
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17.
SIGNAGE ................. ...............................
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18�
HOUSE PADS .............. ...............................
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19.
RESPONSIBILITY FOR COSTS ... < ...........................
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20,
DEVELOPER'S DEFAULT ..... .o. < ® ..........................
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21.
MISCELLANEOUS
A. Construction Trailers .............................
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B. Postal Service ..... ...............................
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C. Third Parties ...... ...............................
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D. Breach of Contract . ...............................
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E. Severability ..........., .. ......
GC -8
F. Building Permits ... ...............................
GC -8
G. Waivers / Amendments . ...............................
GC -8
H. Release ............ ............... <...............
GC -8
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I.
Insurance .......... ...............................
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J.
Remedies ........... ...............................
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'
K.
Assignability ...... ...................
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L.
Construction Hours ............. . ...........
GC -9
M ---------------
I.............
GC - 9
' N. Street Maintenance ..... .......................... . GC -
..........................
Storm Sewe. �.ntenance GC - -10
P. Soil Treatment Systems ........................... GC -10
' Q Variances ....... ............................... GC - 10
R Co :.r, ;: with Laws, Ordinances, ana Regulations GC -:L 0
S. Proof of Title .... ............................... GC -10
' T. Soil Conditions ... ....... o.....e........ppe....o . GC -10
U. Soil Correction GC -11
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT & PUD AGREEMENT
(Developer Instal: erl Improvements)
NORTH BAY 2ND ADDITION
SPECIAL PROVISIONS
AGREEMENT dated April 22, 1996, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and THE
ROTTLUND COMPANY, INC., a Minnesota corporation (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for NORTH BAY 2ND 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. Zoning. The plat is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the "PUD ", as may be amended,
shall apply to the subject property.
4. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A: Final Plat prepared by Pioneer Engineering and approved
by the Chanhassen City Council on April 22, 1996.
Plan B: Grading, Drainage and Erosion Control Plan dated
December 1.2, 1995, revised April 3, 1996, pr(y_ >a: -ed by
Pioneer Engineering.,
J
Plan C: Plans and Specifications for Improvements dated December
12, 1995, revised April 3, 1996, prepared by Pioneer '
Engineering.
Plan D: Landscaping Plan dated April 4, 1996, prepared by Arteka I
Corporation.
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5. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Sidewalks
M. Wetland Monumentation and Mitigation
6. 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.
7 Security. To guarantee compliance with the terms of
this Contract, payment of special assessments, payment of the costs
of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$1,003,750.00 The amount of the security was calculated as 110%
of the following:
Site Grading ........ ..............................$ 251,000
Sanitary Sewer ...... ..............................$ 100,000
Watermain ........... ..............................$ 111,000
Storm Sewer, Drainage System,
including cleaning and maintenance ................$ 167,000
Streets ............. ..............................$ 135,000
Street lights and signs ...........................$ 2,500
Erosion control ..... ..............................$ 31,000
Engineering, surveying, and inspection ............ $ 45,000
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Landscaping ......... ..............................$ 70,000
TOTAL COST OF PUBLIC IMPROVEMENTS . n o . , .. � . m , , A r o $ 912,500
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1997. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 100 of
the original amount until all improvements are complete and
accepted by the City.
8 Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail .
at the following address:
The Rottlund Company
2681 Long Lake Road
Roseville, MN 55113
Attn: Mr. Todd Stutz
Telephone: (612) 638 -0500
Facsimile: (612) 638 -0501
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. PUD Approval.
The CITY OF CHANHASSEN, a Minnesota municipal corporation
("City"), and The Rottlund Company, Inc., a Minnesota corporation
(the "Dever._: T ,(,r'a and "Owner") hereby enter Into this P11-.nned '.''- it
Development.
Rpr-i t-al q
A. The Owner owns a 19.35 acre site legally described as
Outlots B, C, D, E, and F, North Bay (the "subject property ").
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B. The Owner and Developer have asked the City to rezone
the subject property to Planned Unit Development in accordance
with this document.
NOW, THEREFORE, the following Planned Unit Development is
imposed by the City on the subject property and consented to by
the Owner and Developer:
1. PLANNED UNIT DEVELOPMENT APPROVAL. The City hereby
rezon =�s the subject prcy: _ty to Planned Unit Development and
grant:; development stage and final stage approval in accordance
with. the terms of this document. and the -ompa_nying rezoning
ordiilance. Except as othervri.se provided Yerc -'_i, the subject
property shall be subject to the rezoning regulations for the
Planned Unit Development district and the R8, Mixed Medium
Density Residential district, as may be amended from time to
time. If there is a conflict among these regulations, the
conflict shall be resolved in the order listed below with item
number one being primary:
(1) Planned Unit Development for NORTH BAY 2ND
t ADDITION (this document)
(2) Planned Unit Development Zoning District
Regulations
' (3) R8, Mixed Medium Density Residential District
Regulations
t 2. EFFECT OF PLANNED UNIT DEVELOPMENT APPROVAL. For two
(2) years from the date of this document, no amendments to the
City's Comprehensive Plan or official controls shall apply to or
' affect the use, development density, lot size, lot layout, or
dedications of the development unless required by state or
federal law or agreed to in writing by the City and the
' Developer. Thereafter, notwithstanding anything in this document
to the contrary, the City may require compliance with any
amendments to the City's Comprehensive Plan, Zoning Ordinance,
official controls, platting or dedication requirements enacted
' after the date of this document.
3. PLAN APPROVAL. The City hereby approved the following
'
plans on
file with the City Clerk.
The development
of the
subject
property shall be developed
in accordance with
these
exhibits.
If, however, the exhibits
vary from the
written terms
'
of this
document, the written terms
shall control.
The exhibits
are:
'
• Final Plat of NORTH BAY
2ND ADDITION
• Development Contract for NORTH BAY 2ND
ADDITION
• Site Plan
I SP -4
4. CLUSTERING. The subject property is approved for the
construction of forty -seven (47) detached zero -lot -line homes in
accordance with the approved site plan. This allowed density
clusters the den-sity in Outlots D and. E of North Bay.
5. AFFORDABLE HOUSING. The developer agrees to work with
the City of Chanhassen to provide affordable housing, as defined
by the Metropolitan Council of the Twin Cities, within the North
Bair prof ect .
6. LAND TRANSFER. The owner shall convey to the City by
warranty deed, free and clear of all encumbrances and without
cost to the City, Outlot C, of North Bay simultaneously with the
City signing the final Plat for North Bay 2nd Addition.
7. WETLAND MITIGATION. The developer of the subject
property requires wetland mitigation which shall be created on
site on land owned by the Rottlund Company, Inc. at the
developer's expense.
10. Other Special Conditions.
A. A ten foot clear space must be maintained around
fire hydrants, i.e., street lamps, trees, shrubs, bushes, NSP, NW
Bell, cable television, transformer boxes. This is to insure
that fire hydrants can be quickly located and safely operated by
fire fighters. Pursuant to Chanhassen City Ordinance #9 -1.
B. Revise the landscaping plan to provide upland and
wetland plants to naturally blend the pond into the surroundings;
provide evergreen screening from automobile headlights for Lots
6, 7 and 20, Block 1, and revise plant schedule to denote 7 foot
size conifers.
C. The applicant shall provide financial guarantees
to the city to assure satisfactory installation of the
landscaping.
D. Submit soils report with lot by lot tabulations to
the Inspect.ic Division. This should be done prior to issuance
of any building permits.
E. Obtain a building permit for retaining walls
exceeding four feet in height before beginning their
construction.
F. Wetland buffer areas shall be surveyed and staked
in accordance with the City's wetland ordinance. The City will
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install wetland buffer g
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edge signs before accepting the utilities
and will charge the applicant $20 per sign.
' G. The applicant shall enter into a PUD /development
agreement with the City and provide the necessary financial
' security to guarantee compliance with the terms of the
PUD /development agreement.
' H, The applicant will meet wetland rules and
regulations as stated in Corps of Engineers section 404 perm.L._�,
the State Wetland Conservation Act, and the City's Wetland
Ordinance. Mitigation work shall be implemented prior to or
concurrent with wetland fill activity in all phases of the
project.
' I. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Carver County,
Watershed District, Metropolitan Waste Control Commission, Health
' Department, Minnesota Pollution Control Agency, Minnesota
Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their
' conditions of approval.
J. The lowest exposed floor or opening elevation of
' all buildings adjacent to the wetlands shall be a minimum of 2
feet above the 100 -year high water level.
' K. The proposed stormwater pond must have side slopes
of 10:1 for the first ten feet at the normal water level and no
more than 3:1 thereafter or 4:1 throughout for safety purposes.
t A landscape plan providing upland and wetland plants to naturally
blend the pond into the surroundings is recommended.
' 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 applicant shall be responsible for acquiring
the necessary easements for grading outside the plat. All site
' grading must be completed prior to street construction.
N. The existing sanitary sewer located in the
' northeast portion of the site shall be relocated in conjunction
with the development. The applicant may petition the City to
vacate the existing utility easement once the line has been
' relocated.
0. All disturbed areas shall be immediately restored
' upon completion of the site grading with seed and disc - mulched or
I SP-6
sod or erosion control blanket. All grading must be completed
prior to issuance of building permits on the site with the
exception of one model home directly off Lyman Boulevar
lWetland mitigation areas shall be restored in accordance with the
wetland restoration /alteration permit.
P. The applicant shall obtain and convey to the City
at no cost a street, utility and drainage easement over tie west
30 t.-. -U of the Lakeview Hills Apartments parcel lying north of
Lyman Boulevard a.nd terminating where the full 60 -foot wide
right -of -way begins in the plat off North Bay.
Q. The applicant shall provide a temporary barricade
at the end of Lake Riley Road Bast and include a sign indicating
that "This street will be extended in the future."
R. Parking shall be restricted to one side of North
Bay Drive and Lake Riley Road. The applicant may choose which
side of the street to restrict parking. The City will adopt the
appropriate resolution prohibiting parking and place the
appropriate :regulatory signs.
S. The applicant and /or property owner shall waive
any and all procedural or substantive objections to the special
assessments associated with City public improvement Project No.
93 -32B including, but not limited to, hearing requirements and
any claim that the assessment exceeds the benefit to the
property. Staff and the applicant will work on developing
revised language for this condition that conveys the intent of
the condition.
T. Payment of partial (24 of 47 dwellings) park fees
and full trail fees per city ordinance.
U. Dedication of Outlot C, North Bay, by fee title
for public purpose. In consideration for the dedication, the
applicant shall be granted park fee credit for 23 dwellings
($25,300.00).
V. The applicant shall provide the city with some
assurance that there w -11 be some variation in brick and siding
colors, potentially designating certain areas within the project
for specific brick and siding colors.
W. The applicant shall install a watermain along Lake
Riley Road in accordance with the city's feasibility study for
Lyman Boulevard Reconstruction project (93 -32B). The city shall
credit the oversizing cost back to the applicant by means of a
reduction in their assessments for project 93 -32B. The
0
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oversizing cost shall be the difference between an 8 -inch line
and the proposed 12 -inch line based on fair market value.
X. No improvements to Outlots B and F, North Bay will
be permitted until a conditional use permit for a beachlot is
approved by the city.
Y. Minimum building setback from the east, west and
' south project bot,ndary shall be 30 feet. The' minimum building
setback from the north project �Doundary is 50 _yard
setbacks along Lake Riley Road East are 20 feet.
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Z. The applicant shall provide cross - access and
maintenance agreements in favor of all the lots adjacent to North
Bay Drive.
11. 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.
1 SP -8
CITY OF CHANHASSEN
BY<
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don A, iworth, ('�.ty Manager
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , 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
k ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -9
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
I LEGAL DESCRIPTION OF SUBJECT PROPERTY:
I Outlots D and E, North Bay
L
1 SP -10
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
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 -11
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
whic�. 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
k 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 -12
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 agreemerxt
has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the
City, 3) the plat has been recorded with the County Recorder's
Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have
been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted af:t ,- r the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
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engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconst - , IUCtion meeting
at a mutually agreeable time at ;he City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
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development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control.
requirements. Erosion control needs to he Ta 7 )- a.in.ed 1).ntil.
vegetative cover has been restored, even if const., na,„ 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 alG) 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 fina 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 1250
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
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GC -3 1
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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 _ zhall be paid contemporan.,ously wit- the City',?
approTal of sub The balance, calculatea 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 (2Y22) 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
GC -4
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 Contact 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 }rime 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
City "as- built" plans indicating the
fill on any house pad location.
19. Responsibility for Costs.
shall promptly furnish the
amount, type and limits of '
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
GC -5
fee is to cover the cost of City Staff time and overhead for items
' such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
' resident construction inspections. The fee shall be shall be
calculated as follows:
' i) if the cost c.'_ `_n e construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
' ii) 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 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
I this Contract, including engineering and attorneys' fees.
I GC -6
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E. The Developer shall pay in full all bills submitted
to it by the City fc obligation:, Incurred under this Contract
within thirty (30) days after recei . If the 'hills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges- City sewer connection
charges, and building permit fees.
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
A. Construction Trailers Placement of on -site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre - construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service
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The Developer shall provide for the I
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties Third parties shall have no recourse
against the City under this Contract.
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 port -_,-)n r:r 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 fo,- each
occurrence; or a combination single limit policy of $1,000,000 or
I GC -8
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)
advance written notice of the cancellation of the insurance.
days
The
certificate
may not contain any disclaimer for failure to give
the
'
required notice.
I GC -8
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 permiss�.on 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 anC'. closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, tizai_ 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.
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' 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 to
enter into this Development Contract.
' T. Soil Conditions The Developer acknowledges that
the City makes no representations or warranties as to the condition
' of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
' indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
1 GC -10
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 ir:.pection department detezmines 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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