6b. Approve Development Contract and Construction Plans & specifications for Crossroads PlazaCITY OF 6
"IJBANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
I MEMORANDUM
TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer
1 DATE: November 7 1995
' SUBJ: Approve Development Contract and Construction Plans and Specifications for
Crossroads Plaza 3rd Addition - Project No. 95 -22
The attached development contract incorporates the 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 $109,000 and the
development contract administration fees total $10,986. The administration fee includes one -third
' of the applicant's park and trail fees.
The applicant has also submitted revised construction plans and specifications for staff review and
City Council approval. Staff has reviewed the construction plans and specifications and finds the
plans meet City standards. The construction plans and specifications are available for review in the
Engineering Department. It is therefore recommended that the construction plans and
' specifications for Crossroads Plaza 3rd Addition dated November 6, 1995, prepared by Yaggy
Colby Associates, and the development contract dated November 13, 1995 be approved
conditioned upon the following:
.;n
1. The applicant eater into the development contract and supply the City with a cash escrow or
letter of credit in the amount of $109,000 and pay an administration fee of $10,986.
Attachments: 1. Development contract dated November 13, 1995.
2. Breakdown of administration fees dated November 7, 1995.
!• �, r. ,,�,.,
Received
g:\ eng\projects\crossrds .3rd\devcon.cc Revislon No
Approved by City Engi
' Date P-D F 44
Approved by City Couno
' Bata
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CROSSROADS PLAZA 3RD ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
1 TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1.
REQUEST FOR PLAT APPROVAL ...
.SP
-1
2.
CONDITIONS OF PLAT APPROVAL ...........................SP
-1
3.
DEVELOPMENT PLANS ........... ...........................SP
-1
4.
IMPROVEMENTS ................
-2
5.
TIME OF PERFORMANCE ...........................SP
.SP
-2
6 .
SECURITY .................... ...........................SP
-2
7 .
NOTICES ..................... ...........................SP
-3
'
8.
OTHER SPECIAL CONDITIONS .... ...........................SP
-3
9.
GENERAL CONDITIONS .......... ...........................SP
-4
'
GENERAL CONDITIONS
1.
RIGHT TO PROCEED ............ ...........................GC
-1
2.
PHASE DEVELOPMENT ........... ...........................GC
-1
3.
EFFECT OF SUBDIVISION APPROVAL ...................
.GC
-1
4.
IMPROVEMENTS ................ ...........................GC
-1
5.
IRON MONUMENTS .............GC
-2
6.
LICENSE ................... .. ..........................
.GC
-2
7.
SITE EROSION CONTROL ........ ...........................GC
-2
7A.
EROSION CONTROL DURING CONSTRUCTION
OF A DWELLING OR OTHER
BUILDING .................... ...........................GC
-3
8.
CLEAN UP .................... ...........................GC
-3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .GC
-3
10.
CLAIMS
...... ........ .GC
-3
11.
PARK AND TRAIL DEDICATION ... ...........................GC
-4
12.
LANDSCAPING
-4
13.
WARRANTY .................. ...........................GC
.GC
-5
14 .
LOT PLANS ................... ...........................GC
-5
15.
EXISTING ASSESSMENTS ........ ...........................GC
-5
'
16.
STREET LIGHTING
.GC
-5
17 .
SIGNAGE ..................... ...........................GC
-5
18 .
19.
HOUSE PADS .................. ...........................GC
RESPONSIBILITY FOR COSTS .... ...........................GC
-5
-5
20.
DEVELOPER'S DEFAULT ......... ...........................GC
-7
21.
MISCELLANEOUS
A. Construction Trailers .. ...........................GC
-7
B. Postal Service ........................
.GC
-7
C. Third Parties .......... ...........................GC
-8
D. Breach of Contract .....
-8
E. Severability ...........................GC
.GC
-8
F. Building Permits ....... ...........................GC
-8
'
G. Waivers / Amendments
-8
-8
H. Release ••••. •..•••••.•••••.•••........
.GC
I. Insurance .............. ...........................GC
-8
J. Remedies ............... ...........................GC
-9
i
K. Assignability ........ ...........................GC -9 '
L. Construction Hours ..... ...........................GC -9
M. Access ................. ...........................GC -9
N. Street Maintenance . ...........................GC -9
O. Storm Sewer Maintenance ..........................GC -10
P. Soil Treatment Systems . ..........................GC -10
Q. Variances .............. ..........................GC -10 '
R. Compliance with Laws, Ordinances, and Regulations GC -10
S. Proof of Title ......... ..........................GC -10
T. Soil Conditions ........ ..........................GC -10
U. Soil Correction ........ ..........................GC -11
ii
CITY OF CHANHA
SSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
1 CROSSROADS PLAZA 3RD ADDITION
SPECIAL PROVISIONS
AGREEMENT dated November 13, 1995, by and between the CITY OF
1 CHANHASSEN, a Minnesota municipal corporation (the "City "), and
TIRES PLUS GROUPE LTD., a Minnesota corporation (the "Developer ").
' 1. Request for Plat Approval. The Developer has asked the
City to approve a plat for CROSSROADS PLAZA 3RD ADDITION (referred
to in this Contract as the "plat "). The land is legally described
on the attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the
plans may be prepared, subject to City approval, after entering
the Contract, but before commencement of any work in the plat. If
the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A: Plat prepared by Peters, Price and Sampson and
approved by the Chanhassen City Council on November
' 13, 1995.
Plan B: Grading, Drainage and Erosion Control Plan dated
' November 13, 1995, prepared by Yaggy Colby
Associates.
Plan C: Plans and Specifications for Improvements dated
November 6, 1995, prepared by Yaggy Colby Associates.
I Revised 3/22/94
1 SP -1
4. Improvements. The Developer shall install and pay for t
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. Wetland Mitigation
M. Landscaping /Site Restoration
S. Time of Performance. The Developer shall install all
required improvements by November 15, 1997. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of
this Contract, payment of special assessments, payment of the
costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter
of credit from a bank, cash escrow, or equivalent ( "security ") for
$109,000.00. The amount of the security was calculated as 110% of
the following:
Site grading ............................... $ 10,000
Sanitary sewer ............................. $ 18,242
Watermain ... ............................... $ 19,000
Storm Sewer, Drainage System,
including cleaning and maintenance ......... $ 23,471
Street Restoration and Curb Cut ............ $ 8,500
Erosion control ............................ $ 6,500
Engineering, surveying, and inspection ..... $ 6,000
Landscaping /Site Restoration ............... $ 7,500
SP -2
TOTAL COST OF PUBLIC IMPROVEMENTS .......... $ 99,213
' This breakdown is for historical reference; it is not a
restriction on the use of the security. The security shall be
subject to the approval of the City. The security shall be for a
' term ending December 31, 1997. The City may draw down the
security, without notice, for any violation of the terms of this
Contract. If the required public improvements are not completed
' at least thirty (30) days prior to the expiration of the security,
the City may also draw it down. If the security is drawn down,
the draw shall be used to cure the default. With City approval,
the security may be reduced from time to time as financial
obligations are paid, but in no case shall the security be reduced
to a point less than 10% of the original amount until all
' improvements are complete and accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
' employees or agents, or mailed to the Developer by registered mail
at the following address:
1 Tires Plus Groupe, Ltd.
701 Ladybird Lane
Burnsville, MN 55337
Telephone: 612 - 894 -2700
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
' A. Mylar as -built construction plans will be required
upon completion of the public improvements.
B. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc-
, mulched or wood -fiber blanket or sod within two weeks of
completion of each activity in accordance with the City's Best
Management Practice Handbook.
I SP -3
C.
All utility and street improvements
shall be
constructed in
accordance with the latest edition of
the City's
Standard Specifications and Detail Plates.
D.
Wetland buffer areas shall be surveyed
and staked
in accordance
with the City's wetland ordinance. The
City will
I SP -3
install wetland buffer edge signs before accepting the utilities
and will charge the applicant $20 per sign.
E. The applicant shall enter into a development
contract with the City and provide the necessary financial
security to guarantee compliance with the terms of the development
contract.
F. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Watershed District,
Metropolitan Waste Control Commission, Health Department,
Minnesota Pollution Control Agency, Board of Water and Soil
Resources, Minnesota Department of Natural Resources and Army
Corps of Engineers and comply with their conditions of approval.
G. No berming or landscaping will be allowed within
the right -of -way.
H. A landscape plan providing upland and wetland
plants to naturally blend the wetland mitigation areas into the
surroundings is recommended.
I. Prior to filling the wetlands, the City shall
receive all the necessary permits to complete the project in
accordance with the WCA and Army Corps of Engineers.
J. 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.
K. Overall within the subdivision, 65 percent
impervious surface coverage will not be exceeded.
L. The owner of any lot located within the plat
(except for the City or the Chanhassen HRA as owner) shall be
obligated to reimburse Developer for certain utility and street
improvements as required under this Development Contract.
Developer acknowledges that City shall have no obligation to
collect such reimbursable sums on behalf of the Developer.
9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
attached as Exhibit "B" and incorporated herein.
SP -4
' CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
' DEVELOPER: TIRES PLUS GROUPE, LTD.
' 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 )
' ( 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 -5
EXHIBIT " A " ,
TO
DEVELOPMENT CONTRACT '
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 2, Block 1, Crossroads Plaza 2nd Addition, Carver County, '
Minnesota.
SP -6 I
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subj
of which is governed by the foregoing
and consent to the provisions thereof
provisions as the same may apply to
property owned by them.
act property, the development
Development Contract, affirm
and agree to be bound by the
that portion of the subject
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 -7
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
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
f Contract and the breach has not been remedied. Development of
subsequent phases may not proceed until Development Contracts for
such phases are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
' Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the
Special Provisions of this Contract shall be installed in
accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent
' registered professional engineer furnished to the City and
approved by the City Engineer. The Developer shall obtain all
necessary permits from the Metropolitan Waste Control Commission
and other agencies before proceeding with construction. The City
I GC -1
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 Developer shall also provide a qualified
inspector to perform site inspections on a daily basis. Inspector
qualifications shall be submitted in writing to the City Engineer.
The Developer shall instruct its project engineer/ inspector to
respond to questions from the City Inspector(s) and to make
periodic site visits to satisfy that the construction is being
performed to an acceptable level of quality in accordance with the
engineer's design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City
Council chambers with all parties concerned, including the City
staff, to review the program for the construction work. Within
sixty (60) days after the completion of the improvements and
before the security is released, the Developer shall supply the
City with the following: (1) a complete set of reproducible Mylar
as -built plans, (2) two complete sets of blue line as -built plans,
(3) two complete sets of utility tie sheets, (4) location of
buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed
in the ground in accordance with Minn. Stat. § 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
GC -2
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
' development will be allowed and no building permits will be issued
unless the plat is in full compliance with the, erosion control
requirements. Erosion control needs to be maintained until
' vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the
erosion control, i.e. hay bales and silt fence. The Developer
shall remove and dispose of the erosion control measures.
' 7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
' cash escrow or letter of credit per lot shall also be furnished
the City to guarantee compliance with City Code § 20 -94.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied
that all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims
from laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out
of the financial guarantees posted with the City, and if the
claims are not resolved at least ninety (90) days before the
security required by this Contract will expire, the Developer
hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount
up to 125% of the claim(s) and deposit the funds in compliance
with the Rule, and upon such deposit, the Developer shall release,
GC -3
discharge, and dismiss the City from any further proceedings as it
pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to
determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors
or assigns, shall pay to the City the park and trail dedication
fees then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount
previously paid.
12. Landscaping. Unless the lot already has one tree in
the front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Birch
Linden Ginkgo
Locust Kentucky Coffee Tree
Hackberry Hawthorn
Oak Hickory
Ash
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2%) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the
boulevard (area between curb and property line) . In addition to
any sod required as a part of the erosion control plan, Plan B,
the Developer or lot purchaser shall sod the boulevard area and
all drainage ways on each lot utilizing a minimum of four (4)
inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in
place at the time a certificate of occupancy is requested, a
financial guarantee of $750.00 in the form of cash or letter of
credit shall be provided to the City. These conditions must then
be complied with within two (2) months after the certificate of
occupancy issued, except that if the certificate of occupancy is
issued between October 1 through May 1 these conditions must be
complied with by the following July 1st. Upon expiration of the
time period, inspections will be conducted by City staff to verify
satisfactory completion of all conditions. City staff will
conduct inspections of incomplete items with a $50.00 inspection
GC -4
' 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. NOT APPLICABLE
' 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. Building Pads. The Developer shall promptly furnish
' the City "as- built" plans indicating the amount, type and limits
of fill on any building pad location.
' 19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
' conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
I GC -5
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
$1,000,000 and one and one_ -half percent
(1 1 /2$) 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
GC -6
enforcement of this Contract, including engineering and attorneys'
fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of
building permits for lots which the Developer may or may not have
sold, until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
' G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be
provided in accordance with each of the respective- franchise
agreements held with the City.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
' default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
' 21. Miscellaneous.
A. Construction Trailers. Placement of on -site
construction trailers and temporary job site offices shall be
' approved by the City Engineer as a part of the pre - construction
meeting for installation of public improvements. Trailers shall
be removed from the subject property within thirty (30) days
following the acceptance of the public improvements unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for
the maintenance of postal service in accordance with the local
Postmaster's request.
I GC -7
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 for processing.
I. Insurance. Developer shall take out and maintain
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10)
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days advance written notice of the cancellation of the insurance.
The certificate may not contain any disclaimer for failure to
' give the required notice.
J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
' other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or
under any other agreement, and each and every right, power and
' remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed
expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
' L. Construction Hours. The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 p.m. on
weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction
' or dewatering purposes beyond the normal working hours will
require City Council approval. Under emergency conditions, this
limitation may be waived by the consent of the City Engineer.
' Any approved work performed after dark shall be adequately
illuminated.
' M. Access. All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits
or occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
' responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the
' public from traveling on same and directing attention to detours.
If streets become impassable, the City may order that such
streets shall be barricaded and closed. The Developer shall
maintain a smooth roadway surface and provide proper surface
drainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the streets.
' The City shall have complete discretion to approve or reject the
request. The City shall not be responsible for reshaping or
damage to the street base or utilities because of snow plowing
1
GC -9
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. Metropolitan Government, its agencies,
departments and commissions.
S. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it
has the authority of the fee owners and contract for deed
purchasers too enter into this Development Contract.
T. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the
condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which
the Developer may make use of such property. The Developer
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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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CITY OF CHANHASSEN
CROSSROADS PLAZA 3RD ADDITION
PROJECT NO. 95-22
BREAKDOWN OF ADMINISTRATION FEES - 11/7/95
Estimated Total Cost of Public Improvements ..................................... ............................... $99,213.00
- 3% of Public Improvement Costs (Under $500,000) ......................... ............................... $ 2,976.00
- 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
- Park Fees (1/3) [3.8 acres x $6,000/3] ................... ................. ............................... $ 7,600.00
- SWMP Fees (water quantity) - WAIVED ............................................ ............................... $ 0.00
TOTAL ADMINISTRATION FEES ................ ...............................
.............................. $10.986.00
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