1b.2. Halla Great Plains Estates: Development Contract & Construction Plans & Specs.CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
i MEMORANDUM
i TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer
1
DATE: October 18, 1995
i SUBJ: Approve Revised Development Contract and Construction Plans and Specifications
for Halla Great Plains Addition - Pr elect No. 95 -13
i
The attached development contract incorporate , hel nditions of approval from the final platting
i and construction plans and specifications revie`proc Final plat approval is being reconsidered
due to changes in the number of lots. Staff has calculated the required financial security to
guarantee compliance with the terms of the d. elopmen g ontract at $730,000 and the development
i contract administration fees total $41,526. e administtion fee includes the applicant's SWMP
fees.
1 The applicant has also submitted reyi construction plans% nd specifications for staff review and
City Council approval. Staff has ,X ewed the construction Vans and specifications and finds the
plans still require some modicaions which the applicant's engineer is in the process of revising.
i A MY �.
The revised construction,
pJAfts and specifications will be available for review in the Engineering
Department on Mo y�olr�231995 It is,therefore recommended that the construction plans
and specifications for Hala nGrea Ptamseitn�date��7uly, 1995, revised October 13, 1995
i prepared by Ro �c er on nd�e i ev ailment contraet datedsOctot ere ,&4 5 be approved
conditioned upon the e,...
1. The applicant enter into the development contrai✓tan supply t$e City with a cash escrow or
letter of credit in the amount of $730,0 and pay an administration fee of $41,526.
1
Attachments: 1. Development contract dated October 23, 1995. !
i 2. Breakdown of administration fees revised October 16, 1995.O ENGINEERING CO"
c: Don Halla
gAeng \projects\hallaklevcon.cc
AppV'L`i gi
i Approved bry City CiYurcil
Mta
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
HALLA GREAT PLAINS ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
7
L
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.
5.
IMPROVEMENTS .......••••.•• .. ...........................SP
TIME OF PERFORMANCE .SP
- 2
-2
6.
SECURITY .................... ...........................SP
-2
'
7.
8.
NOTICES ..................SP
.... ..........................
OTHER SPECIAL CONDITIONS .SP
-3
-3
9.
GENERAL CONDITIONS .......... ..........................SP -11
'
GENERAL CONDITIONS
'
1.
2.
RIGHT TO PROCEED ............ ...........................GC
PHASE DEVELOPMENT ........... ...........................GC
-1
-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.
13.
LANDSCAPING .................. ...........................GC
WARRANTY .GC
-4
-5
14 .
LOT PLANS ................... ...........................GC
-5
'
15.
16.
EXISTING ASSESSMENTS ........ ......................... .GC
STREET LIGHTING .GC
.
-5
-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 ..... ...........................GC
-8
E. Severability ........... ...........................GC
-8
F. Building Permits ....... ...........................GC
-8
G. Waivers /Amendments ..... .GC
-8
H. Release .GC
..........................
-8
I. Insurance .............. ...........................GC
-8
'
J. Remedies ............... ...........................GC
-9
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
Assignability .......... ...........................GC -9
Construction Hours ..... ...........................GC -9
Access................. ...........................GC -9
Street Maintenance ...... ...........................GC -9
Storm Sewer Maintenance ..........................GC -10
Soil Treatment Systems . ..........................GC -10
Variances.............. ..........................GC -10
Compliance with Laws, Ordinances, and Regulations GC -10
Proof of Title ......... ..........................GC -10
Soil Conditions ........ ..........................GC -10
Soil Correction ........ ..........................GC -11
ii
CITY OF CH NH SSEN
' DEVELOPMENT CONTRACT
(Developer Installed Improvements)
' HALLA GREAT PLAINS ADDITION
SPECIAL PROVISIONS
AGREEMENT dated October 23, 1995, by and between the CITY OF
' CHANHASSEN, a Minnesota municipal corporation (the "City "), and
DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for HALLA GREAT PLAINS 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: Final Plat prepared by Egan, Field & Nowak, Inc.,
Surveyors and approved by the Chanhassen City Council
on October 23, 1995.
Plan B: Grading, Drainage and Erosion Control Plan dated May
26, 1995, revised October 13, 1995, prepared by Roger
A. Anderson & Associates.
Plan C: Plans and Specifications for Improvements dated June 1,
1994, revised October 13, 1995, prepared by Roger A.
Anderson & Associates.
Plan D: Landscape Plan dated September 25, 1995, prepared by
Halla Nursery.
Revised 3/22/94
SP -1
u
4. Improvements. The Developer shall install and pay for
the following:
A. Storm Water Drainage System
B. Streets
C. Street Signs
D. Street Lights
E. Site Grading
F. Underground Utilities (e.g. gas, electric,
telephone, CATV)
G. Setting of Lot and Block Monuments
H. Surveying and Staking
I. Landscaping
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
$ 730,000.00 . The amount of the security was calculated as 110%
of the following:
Site Grading . ..............................$ 162,000
Storm Sewer, Drainage System,
including cleaning and maintenance .........$
96,300
Streets ...... ..............................$
288,000
Street lights and signs ....................
$
4,000
'
Erosion control /site restoration ...........$
41,500
Engineering, surveying, and inspection .....$
47,000
,
Landscaping . ............................... $
25,000
,
TOTAL COST OF PUBLIC IMPROVEMENTS ..........
$
663,800
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
SP -2
'
U
security, without notice, for any
Contract. If the required public
at least thirty (30) days prior to
the City may also draw it down.
the draw shall be used to cure th
the security may be reduced fr,
obligations are paid, but in no ca,
to a point less than 100 of t
improvements are complete and acce]
violation of the terms of this
improvements are not completed
the expiration of the security,
If the security is drawn down,
default. With City approval,
m time to time as financial
e shall the security be reduced
he original amount until all
ted 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:
Don Halla
10000 Great Plains Boulevard
Chaska, MN 55318
Telephone: (612) 445 -6555
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. All areas disturbed during site grading shall be immediately
restored with seed and disc- mulched or wood fiber blanket
within two weeks of completing site grading unless the
city's (BMPH) planting dates dictate otherwise. All areas
disturbed with slopes of 3:1 or greater shall be restored
with sod or seed and wood fiber blanket.
B. The applicant must provide three trees (existing and /or
proposed) per lot from the city's approved tree selection
list.
C. Lot 2, 3, 5, and 6 Block 1, shall be custom graded and shall
provide a tree preservation plan for staff approval prior to
issuance of a building permit. Staff shall have the right to
require a change in house pad and location if it will result
in saving significant vegetation. A snow fence shall be
placed along the edge of the tree preservation easement
prior to grading. The tree preservation easement shall be
60 feet wide running parallel to Pioneer Trail.
D. Building Department conditions:
SP -3
1. Restore the alignment of Halla Nursery Drive East and
TH 101 to that shown on the 5/26/95 Site Grading,
Drainage and Soil Erosion Plan or have a Carver county
licensed ISTS site evaluator propose new ISIS sites for
Lot 1, Block 2 for the city to review.
2. Remove the trail easement shown through the primary
ISTS site on Lot 1, Block 3 or have a Carver County
licensed ISTS site evaluator propose a new primary ISTS
site for the lot.
3. Show the ISTS sites on Lot 6, Block 2 as approved on
5/26/95.
4. Show the secondary mound on Lot 10, Block 1 as approved
on 5/26/95.
5. A Carver County licensed ISTS site evaluator shall
locate a primary ISTS site for Lot 10, Block 1. The
site is subject to approval by the city. Because of
soil conditions, the ISTS cannot be installed until
spring, 1996. The applicant shall provide the city
financial security in the amount of 110% of the cost of
the ISTS. In addition, a ISTS permit shall be taken
out upon approval of the ISTS site by the city.
6. ISTS sites should be accurately shown on the Lot and
Mound Staking Plan and the Site Grading, Drainage and
Soil Erosion Plan.
7. Revise the grading plan to show elevation for proposed
house pads (garage slab, topo of block and lowest
,
floor) .
8. Discontinue nursery operations on all ISTS sites.
,
9. Protect ISTS sites as detailed in the June 12, 1995
letter to the applicant.
'
10. Relocate well on Lot 1, Block 4; Lot 4, Block 1; Lot 9,
Block 2; and Lot 1, Block 6.
,
E. The streets shall be constructed to the City's rural street
section. Detailed construction plans and specifications
shall be submitted for review and formal approval by the
,
City Council in conjunction with final plat approval. The
construction plans shall be designed in accordance to the
City's latest edition of standard specifications and detail
'
plates.
SP -4
'
u
F. The applicant shall enter into a development contract with
the City and provide the necessary financial security to
' guarantee installation of the public improvements and
compliance with final plat conditions of approval.
' G. The applicant shall meet wetland fill and wetland mitigation
conditions as stated in the Corps of Engineers Section 404
Permit. Mitigation work shall be implemented prior to or
' concurrent with wetland fill activity or excavation in
future phases of the project.
H. The applicant shall apply for and obtain permits from the
' appropriate regulatory agencies, i.e. Watershed District,
MWCC, Health Department, PCA, DNR, Army Corps of Engineers,
Carver County Highway Department and MnDOT and comply with
their conditions of approval.
I. A drainage and utility easement shall be dedicated on the
' final plat over Outlot A.
J. The lowest floor elevation of all buildings except Lot 15,
' Block 1, adjacent to storm water ponds or wetlands shall be
a minimum of two feet above the 100 -year high water level.
All storm water ponds shall have side slopes of 10:1 for the
' first ten feet at the normal water level and no more than
3:1 slopes thereafter or 4:1 slopes throughout for safety
purposes.
'
K. The existing ponds and Pond B
shall be combined
when Lot 10,
Block 1 further subdivides."
Due to elevation
differences,
this is not feasible at this
Block 1 subdivides, the two
time. However,
ponds should be
when Lot 10,
consolidated
into one.
L. Existing wells and septic systems on the site which are not
to be utilized shall be properly abandoned in accordance
with City or State codes.
' M. The applicant shall be responsible for the appropriate storm
water quality and quantity fees based in accordance to the
' City's Surface Water Management Plan. The requirement for
cash fees in lieu of land or permanent pond construction
shall be based upon the schedule in accordance with the
prescribed land use zoning. The SWMP connection fees for
water quantity have been calculated at $16,346 and will be
due to the City prior to recording the final plat.
N. The applicant shall report to the City Engineer the location
of any drain tiles found during construction and shall
SP -5
J
Q. Lot 10, Block 2, shall have no additional street access on
to TH 101.
R. Access to the individual lots shall be limited to the
interior streets and not from County Road 14 or Trunk
Highway 101 except Lot 10, Block 1, and Lot 8, Block 1, and
Lot 8, Block 2. The driveway access to Lot 8, Block 2 from
Pioneer Trail (CR 14) shall be eliminated once a building
permit has been issued.
S. The plat shall maintain an average overall density of 2 1/2
acres, including the nursery property, for Halla's Great
Plains Golf Estates preliminary plat.
T. The total number of lots shall not exceed 36 lots. This
number includes Lot 1, Block 1, Great Plains Golf Estates
(the parcel owned by Mark Halla), the nursery site, and all
lots proposed for single family development.
U. Park and trail dedication fees shall be paid at time of
building permit issuance in lieu of parkland or trail
construction at the time of building permit application.
V. The streets and storm drainage system shall be constructed
in accordance to the city's rural street and utility
standards. Detailed construction plans and specifications
shall be submitted for review and formal approval by the
city council in conjunction with final plat approval. The
plans shall be designed in accordance with the latest
'
relocate or abandon the drain tile as directed by the City
Engineer.
,
0. The applicant shall modify the plans and. incorporate the
following safety improvements:
1. Roadway alignments for Halla Nursery Drive East /West
,
and Trunk Highway 101 may impose sight distance
problems as well. This should be investigated and
documented by the applicant's engineer that the
'
intersection meets MnDOT's standards for sight distance
based on the posted speeds.
'
P. The applicant shall be required to re- excavate all
unacceptable materials in the ravine on Lot 3, Block 6 and
backfill with engineered fill. The applicant shall provide
'
the city engineer documentation that the existing storm pipe
(24" CMP) is structurally sound. If the city determines the
pipe is not structurally sound the applicant shall replace
,
it with either PVC OR RCP.
Q. Lot 10, Block 2, shall have no additional street access on
to TH 101.
R. Access to the individual lots shall be limited to the
interior streets and not from County Road 14 or Trunk
Highway 101 except Lot 10, Block 1, and Lot 8, Block 1, and
Lot 8, Block 2. The driveway access to Lot 8, Block 2 from
Pioneer Trail (CR 14) shall be eliminated once a building
permit has been issued.
S. The plat shall maintain an average overall density of 2 1/2
acres, including the nursery property, for Halla's Great
Plains Golf Estates preliminary plat.
T. The total number of lots shall not exceed 36 lots. This
number includes Lot 1, Block 1, Great Plains Golf Estates
(the parcel owned by Mark Halla), the nursery site, and all
lots proposed for single family development.
U. Park and trail dedication fees shall be paid at time of
building permit issuance in lieu of parkland or trail
construction at the time of building permit application.
V. The streets and storm drainage system shall be constructed
in accordance to the city's rural street and utility
standards. Detailed construction plans and specifications
shall be submitted for review and formal approval by the
city council in conjunction with final plat approval. The
plans shall be designed in accordance with the latest
edition of the city's standard specifications and detail
plates. Final plat approval is contingent upon approval of
' the construction plans by the Chanhassen City Council.
W. Berming or landscaping proposed with this development shall
' be prohibited within any right -of -way or trail easements.
X. Grading Plan changes:
1. The existing pond (Lot 10, Block 1) shall be analyzed
for its water quality abilities when future subdivision
' occurs. A drainage easement shall be dedicated on the
final plat over the existing pond and drainage system
through Lot 10, Block 1.
2. The Parking and Farming Easement shown over Lot 1,
' Block 3 will create a nonconforming use with the
residential use. Hence, if this easement is in
existence, then approval of this plat is contingent
upon vacation of the easement.
3. A large number of existing trees along TH 101 which are
I proposed to be preserved are within grading limits.
I SP -7
Y.
Final plat approval shall be contingent upon the City
formally approving the street construction plans and
development contract.
'
Z.
Future subdivision of Lot 10, Block 1 will require the
extension of Delphinium Lane South to connect eventually up
'
with Daylilly Lane.
AA.
The city shall not be responsible for change or relocation,
removal or abandonment of the existing irrigation lines
'
within the city's right -of -way, utility and drainage easement
or TH 101 right -of -way.
'
BB.
Prior to recording the plat, the applicant shall dedicate to
the city at no cost a drainage and utility easement over Lot
1, Block 1, Great Plains Golf Estates, on which proposed
'
pond "A" encroaches.
CC.
The final plat must be recorded within 30 days after city
council approval city ordinance.
per
DD.
The landscaping plan dated September 25, 1995, received
'
October 13, 1995, must be revised to reflect the following:
1. Delete the tennis court from future right -of -way for TH
101.
2. The Parking and Farming Easement shown over Lot 1,
' Block 3 will create a nonconforming use with the
residential use. Hence, if this easement is in
existence, then approval of this plat is contingent
upon vacation of the easement.
3. A large number of existing trees along TH 101 which are
I proposed to be preserved are within grading limits.
I SP -7
The applicant should move the trees temporarily and
place them back after grading is complete. If the size
of the tree is too large to allow the moving of the
tree, a replacement tree should be planted.
4. The ponds located south of Pioneer Trail and east and
west of Halla Nursery East must be removed since they
are not reflected on the grading plan.
5. The two "sign easements existing signs" located along
the east and west corners of the intersection of
Pioneer Trail and TH 101, one sign easement along the
intersection of Creekwood Drive and TH 101, and a
fourth sign easement along the northeast corner of the
site. These signs must be eliminated. Once the site
has been platted, these signs will become off premise
signs creating a nonconforming situation. Hence, all
existing signs must be removed before the plat has been
filed.
SP -8 '
6. Any neighborhood identification signs will require a
sign permit.
'
7. The landscape buffer shall be extended to the south,
along the east side of proposed TH 101 right -of -way.
'
8. Add Lots and Blocks to make the final plat.
EE.
No dumping or filling shall be permitted within the ravine
r
"Outlot A.
FF.
The City Council grants staff the flexibility to
administratively approve the final construction plans after
review of the construction plans determine if all revisions
have been incorporated in the final construction drawings
'
per staff recommendations.
GG.
The applicant shall dedicate on the final plat a drainage
'
easement over the existing pond and drainage system through
Lot 10, Block 1.
'
HH.
All proposed ponding, berming, landscaping, and mound
systems shall be relocated outside the city's trail easement
along TH 101. No permanent facilities such as tennis courts
and ponding areas shall be installed within the city's
,
roadway easement for future TH 101 or trail easements.
II.
The builders and /or property owners will need to contact the
'
city's engineering department for culvert sizing
SP -8 '
requirements when building the driveways to the individual
lots.
JJ.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot
Lot
Lot
Home
area
Width
Depth
Setback
Ordinance
15,000
90'
125'
30' front/rear
10' sides
BLOCK 1
Lot 1
73,696
39.14'
31.42'
Lot 2
184,264
200'
269.25'
Lot 3
108.907
200'
400'
Lot 4
74,591
99.6'
193'
Lot 5
83,323
10.64'
80'
Lot 6
94,978
16.25'
22.62'
Lot 7
59,040
37.31'
57.68'
Lot 8
61,872
63.90'
57.31'
Lot 9
52,049
00'
162'
Lot 10
527,958
860'
750'
Nursery Site
Lot 11
48,227
50.07'
53.83'
Lot 12
67,385
6.46'
40.66'
on curve
Lot 13
68,475
330'
290'
Lot 14
64,637
20'
290'
Lot 15
70,076
36.08'
90.21'
Lot 16
72,067
12.60'
30'
SP -9
Lot 17
68,064
70.24'
20'
Lot 18
85,639
29.78'
90'
BLOCK 2
Lot 1
106,822
50'
286.67'
Lot 2
68,927
60'
267'
Lot 3
70,831
63.48'
74'
Lot 4
99,934
81.23'
300'
Lot 5
88,231
318.03'
271'
Lot 6
84,439
317.87'
266.82'
Lot 7
96,622
97.81'
254.46'
Lot 8
144,045
291'
293.99'
Lot 9
122,067
340'
375'
Block 3
Lot 1
113,397
255.73'
306.14'
Lot 2
66,755
Block 4
Lot 1
84,560
280'
310'
Lot 2
67,383
260'
260'
Block 5
Lot 1
72,152
73.01'
350'
on curve
Lot 2
89,310
292'
367'
Lot 3
126,204
300'
430'
Outlot A
182,512
Block 6
SP -10
Lot 1 97,706
Right of Way 382,618
Total site area 92.51 acres
*All structures shall maintain a 50 foot setback from Pioneer Trail, future and existing TH 101
right -of -way.
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 -11
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
Don Ashworth, City Manager
DEVELOPER:
DONALD E. HALLA &
SANDRA J. CWAYNA HALLA
BY:
Its
AND:
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 -12
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlots A and B, and Lots 2 and 3, Block 1, Great Plains Golf
Estates, according to the recorded plat thereof, Carver County,
' MN.
n
L�
f
1
I SP -13
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -14
1
i
1
1
1
1
1
1
1
1
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 -15
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B" I
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 within tree preservation areas, 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 I
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 I
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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
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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 - Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied
that all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims
from laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out
of the financial guarantees posted with the City, and if the
claims are not resolved at least ninety (90) days before the
security required by this Contract will expire, the Developer
hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount
up to 125% of the claim(s) and deposit the funds in compliance
with the Rule, and upon such deposit, the Developer shall release,
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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.
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 1 /2) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the
boulevard (area between curb and property line) . In addition to
any sod required as a part of the erosion control plan, Plan B,
the Developer or lot purchaser shall sod the boulevard area and
all drainage ways on each lot utilizing a minimum of four (4)
inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in
place at the time a certificate of occupancy is requested, a
financial guarantee of $750.00 in the form of cash or letter of
credit shall be provided to the City. These conditions must then
be complied with within two (2) months after the certificate of
occupancy issued, except that if the certificate of occupancy is
issued between October 1 through May 1 these conditions must be
complied with by the following July 1st. Upon expiration of the
time period, inspections will be conducted by City staff to verify
satisfactory completion of all conditions. City staff will
conduct inspections of incomplete items with a $50.00 inspection
fee deducted from the escrow fund for each inspection. After
satisfactory inspection, the financial guarantee shall be
returned. If the requirements are not 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
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15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with
City standards.
16. Street Lighting. The Developer shall have installed
and pay for street lights in accordance with City standards. A
plan shall be submitted for the City Engineer's approval prior to
the installation. Before the City signs the final plat, the
Developer shall pay the City a fee of $200.00 for each street
light installed in the plat. The fee shall be used by the City
for furnishing electricity for each light for twenty (20) months. r
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
18. House Pads. The Developer
City "as- built" plans indicating the
fill on any house pad location.
19. Responsibility for Costs.
shall promptly furnish the
amount, type and limits of
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
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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
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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)
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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.
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15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with
City standards.
16. Street Lighting. The Developer shall have installed
and pay for street lights in accordance with City standards. A
plan shall be submitted for the City Engineer's approval prior to
the installation. Before the City signs the final plat, the
Developer shall pay the City a fee of $200.00 for each street
light installed in the plat. The fee shall be used by the City
for furnishing electricity for each light for twenty (20) months. r
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
18. House Pads. The Developer
City "as- built" plans indicating the
fill on any house pad location.
19. Responsibility for Costs.
shall promptly furnish the
amount, type and limits of
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
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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;
ii) if the cost of the construction of
public improvements is between $500,000
and $1,000,000, three percent (3 %) of
construction costs for the first
$500,000 and two percent (2%) of
construction costs over $500,000;
if the cost of the construction of
public improvements is over $1,000,000,
two and one -half percent (2 /2%) of
construction costs for the first
$1,000,000 and one and one -half percent
(1 of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements
is defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the
Developer shall reimburse the City for all out -of- pocket costs
incurred by the City for providing resident construction
inspections. This cost will be periodically billed directly to
the Developer based on the actual progress of the construction.
Payment shall be due in accordance with Article 19E of this
Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third
parties for damages sustained or costs incurred resulting from
plat approval and development. The Developer shall indemnify the
City and its officers and employees for all costs, damages, or
expenses which the City may pay or incur in consequence of such
claims, including attorneys' fees.
D. In addition to the administrative fee, the
Developer shall reimburse the City for costs incurred in the
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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.
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.
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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 my 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.
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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 with the exception of one model
home permit adjacent to a hard - surfaced street after the final
plat has been recorded.
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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
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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,
Contract is for any reason held
paragraph, or phrase
invalid, such decision shall
of this
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 with the exception of one model
home permit adjacent to a hard - surfaced street after the final
plat has been recorded.
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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
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evidencing coverage prior
certificate shall provide
days advance written notice
The certificate may not
give the required notice.
to the City signing the plat. The
that the City must be given ten (10)
of the cancellation of the insurance.
contain any disclaimer for failure to
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
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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
1 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.
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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
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U. Soil Correction The Developer shall be
responsible for soil correction work on the property. The City
construction of the
improvements or any other purpose for which
suitability of soils nor the cost of correcting any unsuitable
the Developer may
make use of such
property. The Developer
material a soils report from a qualified soils engineer is not
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
a building permit for the lot. On lots with fill material that
hazardous wastes or
pollutants on the
property, unless hazardous
qualified soils engineer shall be provided before the City
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
HALLA GREAT PLAINS ADDITION
PROJECT NO. 95 -13
BREAKDOWN OF ADMINISTRATION FEES - 7/20/95
REVISED 8/3/95 & 10/16/95
Estimated Total Cost of Public Improvements ................. ............................... ...................$638,800.00*
- 3% of Public Improvement Costs (Under $500,000) ............................ ............................... $19,164.00
- 2% of Public Improvement Costs (Over $500,000) .............................. ............................... $ 2,776.00
- Street Lighting Charge (for electricity)
14 @ $ 200 ................................................................................... ............................... $ 2,800.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) ........................................................ ............................... $ 350.00
- Recording Fees
a. Development Contract ............................................................ ............................... $ 30.00
b . Plat Filing ......................... ............................... .... $ 30.00
c. Tree Conservation Easement .................................................. ............................... $ 30.00
- Park and Trail Fees (At time of building permit issuance)
- SWIVIP Fees ..............................
$16,346.00
TOTAL ADMINISTRATION FEES ................................................... ..............................
*Does not include landscaping cost
gNengWc\halla.fee
PROJECT NO. 95 -13
HALLA GREAT PLAINS ADDITION
SWMP FEES
8/2/95
REVISED 8/11/95 & 10/16/95
SWMP Connection Fee Methodology:
Oversizinla Ponds (Credits
Pond A 1742 cu. yd.
Pond B 1033 cu. yd.
Pond C 613 cu. yd.
Pond DN /A
Pond E 3775 cu. yd.
TOTAL 7163 x $2.50 /cu. yd. = $17,908
Note: All ponds were designed to retain 100 -year storm to protect ravine at south end (Creekwood)
and to eliminate replacing/upgrading culvert under Pioneer Trail
SWMP Fees
Water Quality - Waived (provided on site)
Water Quantity -
90.7 acres less Outlot A equals 86.5 acres. 86.5 acres net x single - family rate of $1,980 /acre which
assumes 2 lots per acre which = 5 units per 2.5 acres. This equals a ratio of 5 SFR units = 1 RR unit.
Therefore, SWAP rates for this rural residential land use was reduced by 80 %.
$1,980 /acre x 20% = $396 /acre x 86.5 acres = $34,254 less the pond credit of $17,908 resulting in a
balance owed to the City of $16,346 (due at final plat recording).
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