1d.2. Autumn Ridge 2nd Addition: Development Contract, Plans & Specs.I
MEMORANDUM
TO: Charles Folch, Director of Public Works /City Engineer
FROM: Dave Hempel, Assistant City Engineer OK-'
DATE: February 21, 1996
Action b/ City Administratof
Endorsed V
Modified—
Rejected- —
T x _ . - 1 l L
Date Submitted to Cc-rnissiort
to Cuincil
SUBJ: Approve Development Contract/PUD Agreement and Construction Plans and Specifications for
Autumn Ridge 2nd Addition - Project No. 96-4
The attached development contract/PUD Agreement incorporates die conditions of approval from the final
platting and construction plans and specifications review process. Staff has calculated the required financial
security to guarantee compliance with the terms of the development contract at $403,000 and the development
contract administration fees total $83,479 which includes 1/3 of die required park fees for 94 units ($28,200).
The applicant has also submitted detailed construction plans and specifications for staff review and City Council
approval. Staff has reviewed die construction plans and specifications and find the specifications are in general
conformance to the City standards, however, the plans still need some revisions. A set of plans and
' specifications are available for review in the Engineering Department. It is therefore recommended that die
construction plans and specifications for Autumn Ridge 2nd Addition dated January 15, 1996, revised February
26, 1996 prepared by Passe Engineering, Inc. and the PUD /development contract dated February 26, 1996 be
approved conditioned upon the following:
1. The applicant enter into the PUD /development contract and supply the City with a cash escrow or letter
of credit in the amount of $403,000 and pay an administration fee of $83,479.
2. City Council grants staff the flexibility to administratively approve the revised construction plans and
specifications.
3. The construction plans for Coulter Boulevard are subject to MnDOT State Aid approval.
ktm
Attachments: 1.
PUD/Development Contract dated February 26, 1996.
2. Breakdown of Administration Fees dated February 21, 1996.
C: Mr. Joe Miller, Scenic Enterprises C Z 2Z
g �eng\proje cts�autumn.2nd\devcon.ce
CITY OF /•
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
CITY OF CHANHASSEN
AUTUMN RIDGE 2ND ADDITION
PROJECT NO. 96-4
BREAKDOWN OF ADMINISTRATION FEES - 2/21/96
Estimated Total Cost of Public Improvements ................. ............................... ...................$324,900.00*
- 3% of Public Improvement Costs (Under $500,000) .......................... ............................... $ 9,747.00
- Street Lighting Charge (for electricity)
Included with 1st Addition ..........................>................................... ............................... $ 0.00
- 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. Trail Easement .......................................................................... ............................... $ 30.00
- Park Fees (1/3) [94 lots x $900/3] (Trail fees waived) .......................... ..............................$ 28,200.00
- SWMP Fees (water quantity) ................................................................ ..............................$ 33,092.00
- Parkland used for Ponding ..................................................................... ..............................$ 12,000.00
TOTAL ADMINISTRATION FEES .................................................... .............................
*This figure does not include landscaping costs.
g.'cng'dc\u[umn2.fm
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
I AUTUMN RIDGE 2ND
1
ADDITION
PUD /DEVELOPMENT CONTRACT
(Developer Installed Improvements)
1
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE 1
1.
REQUEST FOR PLAT APPROVAL ............................
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2.
CONDITIONS OF PLAT APPROVAL ............................
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3 .
ZONING .................. ...............................
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4.
DEVELOPMENT PLANS ....... ...............................
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5.
IMPROVEMENTS ............ ...............................
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6.
TIME OF PERFORMANCE ..... ...............................
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7.
SECURITY ................ ...............................
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8 .
NOTICES ................. ...............................
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9.
-OTHER SPECIAL CONDITIONS ...............................
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10.
GENERAL CONDITIONS ...... ...............................
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GENERAL 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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SIGNAGE ................. ...............................
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18.
HOUSE PADS.......... ...............................
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19.
RESPONSIBILITY FOR COSTS ...............................
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20.
DEVELOPER'S DEFAULT ..... ...............................
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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. .Severab lity ....... ...............................
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F. Building Permits ... ...............................
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G. Waivers /Amendments . ...............................
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H. Release ............ ...............................
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I. Insurance .......... ...............................
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Remedies ........................
Assignability ...................
Construction Hours ..............
Access ..........................
Street Maintenance ..............
Storm Sewer Maintenance.........
Soil Treatment Systems..........
variances .......................
Compliance with Laws, Ordinances,
Proof of Title ..................
Soil Conditions .................
Soil Cnrrer.t - i nn _
................. GC -8
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................. GC -8
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................. GC -9
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and Regulations GC -9
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................ GC -10
...................... GC -10
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CITY OF CHANHASSEN
PUD /DEVELOPMENT CONTRACT
(Developer Installed Improvements)
AUTUMN RIDGE 2ND ADDITION
SPECIAL PROVISIONS
AGREEMENT dated February 26, 1996, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
SCENIC ENTERPRISES, INC., a Minnesota corporation (the
"Developer ") .
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for AUTUMN RIDGE 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 plan is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the R -12 zoning district, high
density residential, as may be amended, shall apply to the
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:
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Plan A: Plat prepared by E. G. Rud & Sons, Inc. and approved by '
the Chanhassen City Council on February 26, 1996.
Plan B: Grading, Drainage
15, 1996, revised
Engineering, Inc.
and Erosion Control Plan dated January '
February 26, 1996, prepared by Passe
Plan C: Plans and Specifications ,for _.Improvements .dated January
15, 1996, revised February 26, 1996, prepared by Passe
Engineering, Inc.
Plan D: Landscape Plan dated February 21, 1996, prepared by
Morse Associates.
Revised 3/22/94
SP -1
5. Improvements. The Developer shall install and pay for
the following:
' A. Sanitary Sewer System
B. Water System
' C. Storm Water Drainage System
D. Streets /Trails /Sidewalks
E. Concrete Curb and Gutter
' F. Street Signs
G. Street Lights
H. Site Grading
' I. Underground Utilities (e. telephone,CATV)
g g. gas, electric,
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping /Site Restoration /Tree Protection Fencing
' M. Wetland Monumentation
6. Time of Performance. The Developer shall install all
' required improvements by November 15, 1998. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
' security posted by the Developer to reflect cost increases and the
extended completion date.
7. Security. To guarantee compliance with the terms of
this Contract, payment of special assessments, payment of the costs
of all public improvements, and construction of all public
' improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$403,000.00 The amount of the security was calculated as 1100 of
the following:
Site Grading ........ ..............................$ 35,000
' Sanitary sewer ...... ..............................$ 59,000
Trails in 2nd Addition and along Coulter Blvd ..... $ 15,000
Watermain ........... ..............................$ 75,000
Storm Sewer, Drainage System, including
cleaning and maintenance (Coulter Boulevard) ...... $ 75,000
' Street lights and signs (Coulter Boulevard) ....... $ 22,000
Erosion control and site restoration ..............$ 19,400
Engineering, surveying, and inspection ............ $ 24,000
Landscaping ......... ..............................$ 41,400
t Wetland Monuments ... ..............................$ 500
TOTAL COST OF PUBLIC IMPROVEMENTS .................$ 366,300
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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, 1998. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 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:
Mr. Joseph Miller
Scenic Enterprises, Inc.
18133 Cedar Avenue South
Farmington, MN 55024
Telephone: (612) 469 -4066
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions.
A. Detailed storm sewer calculations for a 10 -year and
100 -year storm events along with ponding calculations based on
Walker's PONDNET methodology along with pre and post- runoff
conditions shall be submitted to City staff for review and approval
prior to final plat consideration
B. The applicant will be responsible for the
appropriate water quantity and quality connection fees based on the
City's Surface Water Management Plan. Staff has calculated that
the proposed development would be responsible for a water quantity
fee of $21,997 assuming 9.2 acres of developable land. The city
will waive water quality connection fees due to the on -site ponding
=`i'Ytpp= - s. ` "'The 'appl 'cant° may be credited against these "tees - tor
portions of the trunk storm system improvements they install as a
part of the overall development in accordance to the City's SWMP.
Staff will review the final construction documents and determine
the applicable credits, if any.
SP -3
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C. The applicant shall construct Coulter Boulevard
from Galpin Boulevard to the west end of Block 1 in conjunction
with phase I of the overall site improvements. Coulter Boulevard
shall be constructed in accordance to State -Aid standards. Plans
and specifications will be subject to review and approval by the
Minnesota Department of Transportation, State -Aid office. Final
plat approval shall be contingent upon MNDOT State -Aid office
approving the horizontal alignment of Coulter Boulevard.
D. Subdivision approval is contingent upon the City
receiving the necessary permits and approval from the governmental
agencies such as DNR, Army Corps of Engineers for extending the
frontage road across the wetlands to the Opus parcel and awarding a
bid.
E. The applicant will be required to enter into a
PUD /development contract with the City and provide the necessary
financial security and administration fees to guarantee compliance
with the conditions of approval.
F. The applicant shall design and construct the street
and utility improvements in accordance to the City's latest edition
of Standard Specifications and Detail Plates. Detailed
construction plans and specifications for the public improvements
shall be submitted to City staff for review and approval.
G. The applicant shall provide a copy of the covenants
for review and approval by the City and shall be filed at the
County with the final plat documents.
H. The applicant shall provide "as- built" locations
and dimensions of all corrected house pads or other documentation
acceptable to the Building Official.
I. The applicant shall apply for and obtain all
necessary permits from the regulatory agencies such as the MPCA,
Health Department, Watershed District, DNR, Army Corps of
Engineers, MnDOT and Carver County Highway Department.
J. The applicant shall report to the City Engineer the
' location of any drain tiles found during construction. The
applicant will comply with the City Engineer's direction as far as
abandonment or relocation of the drain tile.
K. The applicant shall develop a sediment and erosion
-control-plan in ac - with tithe �C ty''s Be#5t ` ManagernerIL ° 'ce
Handbook (BMPH). Type III erosion control fencing will be required
around the wetlands. The site may also require additional erosion
control fence on the slopes and /or temporary sediment basins.
I SP -4
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L. The final plat shall be contingent upon MnDOT's
State -Aid office approving the street alignment for the east /west
frontage road. Construction plans shall be revised accordingly as
a result of the State -Aid review process.
M. The applicant must meet City, State and Federal
permitting requirements for wetland alterations. Staff will
process the wetland permit application in conjunction with the
proposed frontage road and phase II of the development. The
wetlands and wetland buffers shall be delineated on the grading and
drainage plans. The buffer strip for wetland A shall be 18 to 38
feet wide with an average width of 28 feet. Wetland buffer areas
shall be surveyed and staked in accordance with the city's wetland
ordinance. The city will install wetland buffer edge signs before
accepting the utilities and will charge the applicant $20.00 per
sign.
N. The private streets /driveways shall be constructed
in accordance with the City's private driveway ordinance for low
and /or medium density zoning.
O. The applicant is providing sanitary sewer services
to the existing three homes on the west side of Galpin Boulevard.
The applicant shall be reimbursed their fair share of the cost to
extend utility service to these homes along Galpin Boulevard when
the parcels hook up to the sewer system.
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P. Full park fees shall be paid per city ordinance.
The applicant shall receive trail fee credits for the construction
of the trail within the project.
Q. The developer shall construct an 8 foot wide
asphalt trail per city specifications within the trail easement.
This construction shall be completed in conjunction with street
construction. Final alignment of this trail shall be staked by the
developer and approved by the Parks and Recreation Director and
City Engineer. The legal description of the trail easement shall
be prepared by the applicant after the trail location has been
determined in the field.
R. A ten foot clear space shall be maintained around
fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, N.W.
Bell, cable television transformer boxes. This is to insure that
fire hydrants can be quickly located and safely operated. Pursuant
to Chanhassen City Ordinance Sec. 9.1.
S. The applicant may commence site grading upon the
applicant entering into the Planned Unit Development Agreement and
supplying the city with a financial security to guarantee site
grading, erosion control, and site restoration.
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SP -5
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T. The city shall credit the oversizing cost for
watermain in Coulter Boulevard back to the applicant. The
oversizing credit will be determined based on the difference
between an 8 -inch and 18 -inch pipe based on the fair market value.
U. Lot 47, Block 1 is not a buildable lot and shall be
maintained for access and as common open space for the residents of
Autumn Ridge.
V. The applicant shall make the following corrections
to the final plat:
1. Coulter Drive shall be Coulter Boulevard.
2. Show parkland as Outlots.
3. Dedicate a drainage and utility easement over the storm
pond in Outlot A.
W. A temporary cul -de -sac shall be constructed at the
end of Coulter Boulevard. A sign shall be placed on the barricades
indicating that this street will be extended in the future.
X. The applicant shall be responsible for the
installation of Corten steel street lights along Coulter Boulevard.
The City shall prepare a street lighting plan to be incorporated
into the street construction plans.
10. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
attached as Exhibit "B" and incorporated herein.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: SCENIC ENTERPRISES, INC.
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
t SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
NOTARY PUBLIC
.DRAFTED --BY
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -7
EXHIB "
IT A
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot A, Autumn Ridge, Carver County, Minnesota.
1 1 ,
s
1 SP -8
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, -Knut -son, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -9
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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 )
( 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 -10
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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.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
_,been :.prepared :, signed by >a competent registered - profes- sional
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
engineer inspect the work on a full or part -time basis. The
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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. I. 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
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
GC -2
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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.
S. 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 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
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
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11. Park and Trail Dedication. See Special Provisions Item
9P.
12. Landscaping. Shall comply with Plan D. 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. Upon expiration of the time period,
inspections will be conducted by City staff to verify satisfactory
completion of all conditions. City staff will conduct inspections
of incomplete items with a $50.00 inspection fee deducted from the
escrow fund for each inspection. After satisfactory inspection,
the financial guarantee shall be returned. If the requirements are
not satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20 -94
or to satisfy any other requirements of this Contract or of City
ordinances. These requirements supplement, but do not replace,
specific landscaping conditions that may have been required by the
City Council for project approval.
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
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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.
City "as- built" plans
fill on any house pad
The Developer
indicating the
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
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3 %) of construction
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2 %) of construction costs
for the first $1,000,000 and one and one -half
percent (IY22 %) 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
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�+ the actual progress of the construction. Payment shall be due in
accordance with Article 19E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
' until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
' 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 noes any such work, the City may, in to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
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G. Private utilities. The
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
building fees.
charges, City sewer connection
franchise agreements
charges,
and permit
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 noes any such work, the City may, in to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
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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 noes any such work, the City may, in to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
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A. Construction Trailers Placement of on -site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre- construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service The Developer shall provide for
the maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties Third parties shall have no
recourse against the City under this Contract.
D. Breach of Contract Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
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' 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
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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 cancel_ation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies Each right, power or remedy herein
' conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
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
^oCOt pancy °permits - °for lots °within° "the "p1 °au .
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
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from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
of City snow plowing service does not constitute final acceptance
of the streets by the City.
O. Storm Sewer Maintenance The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off -site storm sewer system that receives
storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations
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. "Met'rapol' `tan `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
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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
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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