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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 GC -1 1 Ci 1 jl L 1 L 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 - 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, GC -3 1 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 GC -4 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 GC -5 1 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 t approval. 13. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free at the time of planting. All landscape plantings shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) , shall post a letter of credit or other security acceptable to the City to secure the warranties at the time of final acceptance. 14. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. , 15. Existing Assessments. Any existing assessments against the plat will be re- spread against the plat in accordance with City standards. 16. Street Lighting. The Developer shall have installed and pay for street lights in accordance with City standards. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $200.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity for each light for twenty (20) months. 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 GC -5 1 r t r 1 1 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 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. 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. GC -7 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. GC -7 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. L� PI i n 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 GC -8 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. L� PI i n 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 GC -8 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 GC -9 I 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. r i r 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 GC -10 it 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. i GC -11 I r 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). &�enS�pmJectsMmlla%mWfees