1b. 2) Approve Construction Plan & Specification and Development Contract1
I MEMORANDUM
l b a)
CITY OF
�BANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Charles Folch, Director of Public Works /City Engineer
FROM: Dave Hempel, Assistant City Engineer kw
DATE: August 10, 1995
SUBJ: Approve Development Contract/PUD Agreement and Construction Plans and
' Specifications for Autumn Ridge - Project No. 95 -5
' The attached development contract/PUD Agreement incorporates the conditions of approval from the final
platting and construction plans and specifications review process. Staff has calculated the required
financial security to guarantee compliance with the terms of the development contract at $497,200 and
' the development contract administration fees total $48,590 which includes 1/3 of the required park fees
for 46 lots ($12,113).
The applicant has also submitted detailed construction plans and specifications for staff review and City
Council approval. Staff has reviewed the construction plans and specifications and find the specifications
are in general conformance to the City standards, however, the plans still need some revisions. A set of
plans and specifications are available for review in the Engineering Department. It is therefore
recommended that the construction plans and specifications for Autumn Ridge dated July 14, 1995,
revised August 14, 1995 prepared by Passe Engineering, Inc. and the PUD /development contract dated
August 14, 1995 be approved conditioned upon the following:
1. The applicant enter into the PUD /development contract and supply the City with a cash escrow
or letter of credit in the amount of $497,200 and pay an administration fee of $48,590.
2. City Council grants staff the flexibility to administratively approve the construction plans and
' specifications.
ktm
Attachments: 1. PUD/Development Contract slated August 14, 1995
2. Breakdown of Administration Fees dated August 10, 1995.
OFFICIAL ENGINEERING COPY
' c: Mr. Joe Miller, Scenic Enterprises Received
Revision No.
g:Ienglprojects ..w n\devcon,cc
Approved by City Engineer
Dato .� S
- .k - -ZQ2
Approved by City Council
Date
CITY OF CHANHASSEN
AUTUMN RIDGE
PROJECT NO. 95 -5
BREAKDOWN OF ADMINISTRATION FEES - 8/10/95
Estimated Total Cost of Public Improvements ........................ $427,000.00*
- 3% of Public Improvement Costs (Under $500,000) ................... $ 12,810.00
- Street Lighting Charge (for electricity)
6 @ $ 200 ............... ............................... $ 1,200.00
- 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 Easements .............................. $ 30.00
d. Trail Easement ......... ............................... $ 30.00
- Park Fees (1/3) [46 lots x $790/3] (Trail fees waived) .................. $ 12,113.00
- SWMP Fees (water quantity) .... ............................... $ 21,997.00
TOTAL ADMINISTRATION FEES . ............................... $48.590.00
*This figure does not include landscaping costs.
g:\eng \dc \autumn fee
CITY OF CHANHASSEN
' CARVER AND HENNEPIN COUNTIES, MINNESOTA
I AUTUMN RIDGE
PUD /DEVELOPMENT CONTRACT
1 (Developer Installed Improvements)
�1
C
u
1
TABLE OF CONTENTS
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . . . . . .
PAGE
SPECIAL PROVISIONS
PHASE DEVELOPMENT . . . . . . . . . . . . . . .
1.
REQUEST FOR PLAT APPROVAL . . . . . . . .
. . . . . . SP -1
2.
CONDITIONS OF PLAT APPROVAL . . . . . . .
. . . . . . SP -1
3.
ZONING . . . . . . . . . . . . . . . . . .
. . . . . . SP -1
4.
DEVELOPMENT PLANS . . . . . . . . . . . .
. . . . . . S P -1
5.
IMPROVEMENTS . . . . . . . . . . . . . . .
. . . . . . SP -2
6.
TIME OF PERFORMANCE . . . . . . . . . . .
. . . . . . SP -2
7.
SECURITY . . . . . . . . . . . . . . . . .
. . . . . . SP -2
8.
NOTICES . . . . . . . . . . . . . . . . .
. . . . . . SP -3
9.
OTHER SPECIAL CONDITIONS . . . . . . . . .
. . . . . . SP -3
10.
GENERAL CONDITIONS . . . . . . . . . . . .
. . . . . . SP -6
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . . . . . .
. . . GC -1
2.
PHASE DEVELOPMENT . . . . . . . . . . . . . . .
. . . GC -1
3.
EFFECT OF SUBDIVISION APPROVAL . . . . . . . . .
. . . GC -1
4.
IMPROVEMENTS . . . . . . . . . . . . . . . . . .
. . . GC -1
5.
IRON MONUMENTS . . . . . . . . . . . . . . . . .
. . . GC -2
6.
LICENSE . . . . . . . . . . . . . . . . . . . .
. . . GC -2
7.
SITE EROSION CONTROL . . . . . . . . . . . . . .
. . . GC -2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OR OTHER
BUILDING . . . . . . . . . . . . . . . . . . . .
. . . GC -3
8.
CLEAN UP . . . . . . . . . . . . . . . . . . . .
. . . GC -3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS . . . .
. . . GC -3
10.
CLAIMS . . . . . . . . . . . . . . . . . . . . .
. . . GC -3
11.
PARK AND TRAIL DEDICATION . . . . . . . . . . .
. . . GC -3
12.
LANDSCAPING . . . . . . . . . . . . . . . . . .
. . . GC -3
13.
WARRANTY . . . . . . . . . . . . . . . . . . . .
. . . GC -4
14.
LOT PLANS . . . . . . . . . . . . . . . . . . .
. . . GC -4
15.
EXISTING ASSESSMENTS . . . . . . . . . . . . . .
. . . GC -5
16.
STREET LIGHTING . . . . . . . . . . . . . . . .
. . . GC -5
17.
SIGNAGE . . . . . . . . . . . . . . . . . . . .
. . . GC -5
18.
HOUSE PADS . . . . . . . . . . . . . . . . .
. . . GC -5
19.
RESPONSIBILITY FOR COSTS . . . . . . . . . . . .
. . . GC -5
20.
DEVELOPER'S DEFAULT . . . . . . . . . . . . . .
. . . GC -6
21.
MISCELLANEOUS
A. Construction Trailers . . . . . . . . . . .
. . . GC -7
B. Postal Service . . . . . . . . . . . . . .
. . . GC -7
C. Third Parties . . . . . . . . . . . . . . .
. . . GC -7
D. Breach of Contract . . . . . . . . . . . .
. . . GC -7
E. Severability . . . . . . . . . . . . . . .
. . . GC -7
F. Building Permits . . . . . . . . . . . . .
. . . GC -7
G. Waivers /Amendments . . . . . . . . . . . .
. . . GC -7
H. Release . . . . . . . . . . . . . . . . . .
. . . GC -7
I . Insurance . . . . . . . . . . . . . . . . .
. . . GC -7
J. Remedies . . . . . . . . . . . . . . . . .
. . . GC -8
K. Assignability . . . . . . . . . . . . . . .
. . . GC -8
L. Construction Hours . . . . . . . . . . . .
. . . GC -8
M. Access . . . . . . . . . . . . . . . . . .
. . . GC -8
1
[I
1
1 1
1
L I
I I
N. Street Maintenance . . . . . . .
0. Storm Sewer Maintenance . . . . .
P. Soil Treatment Systems . . . . .
Q. Variances . . . . . . . . . . . .
R. Compliance with Laws, Ordinances,
S. Proof of Title . . . . . . . . .
T. Soil Conditions . . . . . . . . .
U. Soil Correction . . . . . . . . .
ii
. . . . . . . . GC -8
. . . . . . . . GC -9
. . . . . . . . GC -9
. . . . . . . . GC -9
and Regulations GC -9
. . . . . . . . GC -9
. . . . . . . . GC -9
. . . . . . . . GC -10
L
CITY OF CHANHASSEN '
PUD /DEVELOPMENT CONTRACT
(Developer Installed Improvements) '
AUTUMN RIDGE
SPECIAL PROVISIONS '
AGREEMENT dated August 14 , 1995, by and between the CITY OF '
CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
SCENIC ENTERPRISES, INC., a Minnesota corporation (the '
"Developer ").
1. Request for Plat Approval. The Developer has asked the ,
City to approve a plat for AUTUMN RIDGE (referred to in this
Contract as the "plat "). The land is legally described on the
attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Zoning. The plan is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the R -12 zoning district, high
density residential, as may be amended, shall apply to the
property.
4. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A: Plat prepared by E. G. Rud & Sons, Inc. and approved by
the Chanhassen City Council on August 14, 1995.
Plan B: Grading, Drainage and Erosion Control Plan dated July 14,
1995, revised August 14, 1995, prepared by Passe
Engineering, Inc.
Plan C: Plans and Specifications for Improvements dated July 14,
1995, revised August 14, 1995, prepared by Passe
Engineering, Inc.
Plan D: Landscape Plan dated December 27, 1994, prepared by Morse
Associates.
Reviced 3/22/94
SP -1
5. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets /Trails /Sidewalks
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric, telephone,CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping /Site Restoration
M. Wetland Monumentation
6. Time of Performance. The Developer shall install all
required improvements by November 15, 1997. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
7. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$ 497,200.00 . The amount of the security was calculated as 110%
of the following:
Site Grading . . . . . . . . . . . . . . . . . $ 175,000
Sanitary sewer (Coulter Boulevard) . . . . . . $ 15,000
I SP -2
Trails and Sidewalks . . . . . . . . . . . .
. $
20,000
'
Watermain (Coulter Boulevard) . . . . . . .
. $
53,000
Storm Sewer, Drainage System, including
cleaning and maintenance (Coulter Boulevard)
. $
34,000
Streets (Coulter Bouelvard) . . . . . . . .
. $
91,500
Street lights and signs . . . . . . . . . .
. $
2,000
1
Erosion control . . . . . . . . . . . . . .
. $
5,000
Engineering, surveying, and inspection . . .
. $
31,000
Landscaping . . . . . . . . . . . . . . . .
. $
25,000
Wetland Monuments . . . . . . . . . . . . .
. $
500
'
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . .
. $
452.000
I SP -2
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1997. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 100 of
the original amount until all improvements are complete and
accepted by the City.
8. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Mr. Joseph Miller
Scenic Enterprises, Inc.
18133 Cedar Avenue South
Farmington, MN 55024
Telephone: (612) 469 -4066
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions.
A. Detailed storm sewer calculations for a 10 -year and
100 -year storm events along with ponding calculations based on
Walker's PONDNET methodology along with pre and post- runoff
conditions shall be submitted to City staff for review and approval
prior to final plat consideration
B. The applicant will be responsible for the
appropriate water quantity and quality connection fees based on the
City's Surface Water Management Plan. Staff has calculated that
the proposed development would be responsible for a water quantity
fee of $21,997 assuming 9.2 acres of developable land. The city
will waive water quality connection fees due to the on -site ponding
improvements. The applicant may be credited against these fees for
portions of the trunk storm system improvements they install as a
part of the overall development in accordance to the City's SWMP.
Staff will review the final construction documents and determine
the applicable credits, if any.
C. The applicant shall construct Coulter Boulevard from
Galpin Boulevard to the west end of Block 1 in conjunction with
phase I of the overall site improvements. Coulter Boulevard shall
be constructed in accordance to State -Aid standards. Plans and
SP -3
specifications will be subject to review and approval by the
Minnesota Department of Transportation, State -Aid office. Final
' plat approval shall be contingent upon MNDOT State -Aid office
approving the horizontal alignment of Coulter Boulevard.
' D. Subdivision approval is contingent upon the City
receiving the necessary permits and approval from the governmental
agencies such as DNR, Army Corps of Engineers for extending the
frontage road across the wetlands to the Opus parcel and awarding
' a bid.
E. The applicant will be required to enter into a
' PUD /development contract with the City and provide the necessary
financial security and administration fees to guarantee compliance
with the conditions of approval.
' F. The applicant shall design and construct the street
and utility improvements in accordance to the City's latest edition
of Standard Specifications and Detail Plates. Detailed
' construction plans and specifications for the public improvements
shall be submitted to City staff for review and approval.
' G. The applicant shall provide a copy of the covenants
for review and approval by the City and shall be filed at the
County with the final plat documents.
' H. The applicant shall provide "as- built" locations and
dimensions of all corrected house pads or other documentation
acceptable to the Building Official.
' I. The applicant shall apply for and obtain all
necessary permits from the regulatory agencies such as the MPCA,
' Health Department, Watershed District, DNR, Army Corps of
Engineers, MnDOT and Carver County Highway Department.
J. The applicant shall report to the City Engineer the
' location of any drain tiles found during construction. The
applicant will comply with the City Engineer's direction as far as
abandonment or relocation of the drain tile.
K. The applicant shall develop a sediment and erosion
control plan in accordance with the City's Best Management Practice
Handbook (BMPH) . Type III erosion control fencing will be required
around the wetlands. The site may also require additional erosion
control fence on the slopes and /or temporary sediment basins.
L. The final plat shall be contingent upon MnDOT's
State -Aid office approving the street alignment for the east /west
frontage road. Construction plans shall be revised accordingly as
' a result of the State -Aid review process.
M. The applicant must meet City, State and Federal
permitting requirements for wetland alterations. Staff will
' process the wetland permit application in conjunction with the
proposed frontage road and phase II of the development. The
I SP -4
wetlands and wetland buffers shall be delineated on the grading and
drainage plans. The buffer strip for wetland A shall be 18 to 38
feet wide with an average width of 28 feet. Wetland buffer areas
shall be surveyed and staked in accordance with the city's wetland
ordinance. The city will install wetland buffer edge signs before
accepting the utilities and will charge the applicant $20.00 per
sign.
N. The private streets /driveways shall be constructed
in accordance with the City's private driveway ordinance for low
and /or medium density zoning.
0. The applicant is providing sanitary sewer services
to the existing three homes on the west side of Galpin Boulevard.
The applicant shall be reimbursed their fair share of the cost to
extend utility service to these homes along Galpin Boulevard when
the parcels hook up to the sewer system.
P. Full park fees shall be paid per city ordinance.
The applicant shall receive trail fee credits for the construction
of the trail within the project.
Q. The developer shall construct an 8 foot wide asphalt
trail per city specifications within the trail easement. This
construction shall be completed in conjunction with street
construction. Final alignment of this trail shall be staked by the
developer and approved by the Parks and Recreation Director and
City Engineer. The legal description of the trail easement shall
be prepared by the applicant after the trail location has been
determined in the field.
R. A ten foot clear space shall be maintained around
fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, N.W.
Bell, cable television transformer boxes. This is to insure that
fire hydrants can be quickly located and safely operated. Pursuant
to Chanhassen City Ordinance Sec. 9.1.
S. The applicant may commence site grading upon the
applicant entering into the Planned Unit Development Agreement and
supplying the city with a financial security to guarantee site
grading, erosion control, and site restoration.
T. The city shall credit the oversizing cost for
watermain in Coulter Boulevard back to the applicant. The
oversizing credit will be determined based on the difference
between an 8 -inch and 18 -inch pipe based on the fair market value.
U. Lot 47, Block 1 is not a buildable lot and shall be
maintained for access and as common open space for the residents of
Autumn Ridge.
SP -5
'
V.
The applicant
shall make the following corrections
to the final
plat:
1.
Coulter Drive
shall be Coulter Boulevard.
2.
Show parkland
as Outlots.
3.
Dedicate a drainage and utility easement over the
'
storm pond in
Outlot A.
W. A temporary cul -de -sac shall be constructed at the
' end of Coulter Boulevard. A sign shall be placed on the barricades
indicating that this street will be extended in the future.
' X. The applicant shall be responsible for the
installation of Corten steel street lights along Coulter Boulevard.
The City shall prepare a street lighting plan to be incorporated
' into the street construction plans.
10. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
' attached as Exhibit "B" and incorporated herein.
I SP -6
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: SCENIC ENTERPRISES, INC.
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -7
EXHIBIT "A"
' TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
'
That Dort of the Northeast Quarter of the Northeast Quarter and the Southeast Quarter of the Northeast Quarter Of Section 16. TO"snip i1b, Range :3. .Orve• •:Cunt v.
Minn 'sold described as follows:
Commencing at the southeast corner Of the Northeast Quarter of said Section 16: thence North 0 0earees 28 minutes 06 seconds West. assum.ea Dear.ng, -clang %me
east line of said Northeast Quarter 0 distance of 692.36 reel to the point of beginning; thence North 4 8 degrees 2: minutes 4 2 seconcs West 329 53 -eet. !hence
North 28 degrees 44 minutes 33 seconds West 863.00 feet: thence Northeasterly 10 71 feet Clang a non- tangentiol curve concave to the northwes ho.,nc a radius of
50000 feet, a central angle of 1 degrees 13 minutes 39 seconds and a ehora trial bears North 64 degrees 54 minutes 28 seconds Eost. thence %v,tn 44 degrees 0
' minutes 38 seconds East, tangent to said curve 214.65 feet; thence North 18 degrees 55 minutes 59 seconds East 104 77 feet. thence easterly 35C.65 fee! along a
non - tangential curve concave to the south having a radius of 500.00 feet a central angle of 40 degrees !G minutes `2 seconds and a cnora that Dears South 8:
degrees 08 minutes 56 seconds East: thence South 67 degrees 03 minutes 30 seconds East. tangent to said curve 78 84 feet to a point an se.a east i.he •J,stant
4a6 35 feel north of the southeast corner of the Northeast Quarter of the Northeast Ouerler of said Section 16: thence Sc;th 0 degrees .'8 minutes ' seconds East
along said east line 1123 eO feet t0 the point of beginning.
ALSO: Beginning dt the Southwest Corner Of the North Malt Of the Northwest Quarter Of Section 15; thence North 1254 00 feet 'S rods to tr.e =enre' df Smi:r.town and St
Paul ROOO: thence South 76 degrees East 614 4 feet; thence South 19 degrees 21 minutes West, along the center of the North trial South road, a ^..stence of 1 202 5 feet.
thence West 155.15 feet to the place of beginning, all in Townsnio 116 North. Range 23 West. Carver County. Minnesota .ying sovtnen� of a ;me o'c cooed is tecinr•ng a
a point on the west line of said Northwest Ouarter distant 486.3 feet north of said point of Dedinning, thence southeasterly turned engle of 56 decrees 35 minutes 22
seconds from south to east 327.55 feet to the center line of the north and south road and said fine there terminating
' EXCEPTING therefrom above the following two tracts of land:
TRACT ONE. That port of the Northwest Quarter Of the Northwest Ouarter Of Section 15, Township 116 North. Range 23 West. Carver County. Minnesotc
described as follows: Commencing at the Southwest corner of said Northwest Quarter of the Northwest Quarter, thence N-th, along the weS! ine of said
Northwest Quarter of the Northwest Quarter, distant 130 feet; thence deflecting to the right 91 degrees 48 minutes distar 206 52 feet to the = entemne of County
Road No 117, thence deflecting to the left 70 degrees 05 minutes along said centerline. distant 20 feet to the ect.:0i DOint of beginning. thence deftecting tc the left
' 90 degrees distant 200 feet: thence deflecting to the right 90 degrees distant 150 feet: thence debecting to the right 90 degrees aistant 20C• feet !a the said centerline.
thence aedectvng to the right 90 degrees distant 150 feel to the point of beginning.
TRACT TWO: Beginning at the southwest Corner of the Northwest Quarter of the Northwest Quarter of Section 15, Tawnsnip 116 North, Ponge :3 Nest. '_arver
County, Minnesota, thence North, along the west line of said Northwest Quarter of the Northwest Quarter distant 130 feet. thence Nnrth 91 d r. e < 48 minutes
East a distance of 206.52 feet; thence South, along the centerline of County Rood No 117 (formerly County Rood No 12:1, o distance of 138 :8 feet to the south
line of the Northwest Quarter of the Northwest Quarter of Section 15; thence West along said Quarter Section fine, to the piece of beginning. s..a :eo .n the
Nort ..
hwest Quarter of the Northwest Quarter of Section 15. Township 116 North. Range 23 West, Carver County. Minnesota.
�d that Roger 0 0 and Betty L. 0 husband and wife. fee owners and Scenic Enterprises. Inc, o Minnesota corporation Contract vendee of
the following described property situated in the County Of Carver, State Of Minnesota, to wit:
' Thot part of the Northeost Quarter of the Northeast Ouarter of Section 16, Township 116, Range 23. Carver County, Minnesota lying easterly of the foltowing 3eschoed
fine:
Beginning at the southeast corner of the Northeast Quarter of said Section 16, thence North 0 degrees 28 minutes 06 seconds West. assumed Dearing, along the east
line of said Northeast Quarter a distance of 692.36 feet to the point of beginning of the line to be described: thence North 48 degrees 32 m,nu!es 4 2 seconcs West
329.53 feet; thence North 25 degrees 44 minutes 33 seconds West 863.00 feet: thence Northeasterly 10.71 feet along a non - tangential curve concave to the
' northwest moving a radius of 500.00 feel, a central angle of 1 degrees 13 minutes 39 seconds and o chord that bears North 64 degrees 54 minutes 28 seconcs East.
thence North 64 degrees 17 minutes 36 seconds East, tangent to said curve. 214.65 feet: thence North 18 degrees 55 minutes 59 seconas East 104 77 feet, thence
North 4 degrees 54 minutes 41 seconds East. 361.53 feet: thence North 20 degrees 02 minutes 12 seconds West 46805 feet to the north line of said Northeast
Quarter of the Northeast Quarter and Said line there terminating
E+Ceot that port of the Northeast Ouarter of the Northeast Quarter of Section 16, Township 116. Range 23, Carver County. Minnesota Cescr*ed as fof/ows
Commencing at the southeast comer Of the Northeds Quarter Of said Section 16: thence North 0 degrees 28 minutes 06 seconds West. assumeo bearing,
along the east fine of said Northeast Guarter a distance of 692_36 feet to the paint of beginning; thence North 48 decrees 11 2 minutes 4 2 se; on:s 7+es*
329 53 feet. thence North 25 decrees 44 minutes 33 seconds West 863.00 feet; thence Northeasterly 10.71 feet v a ^an 1 ,0maMttal curve concave t0 the
northwest having a radius of 500 00 feet. a central angle of 1 degrees 13 minutes 39 seconds and a chord that bears North 64 degrees 54 minutes 21 seconds
East. thence North 64 degrees - minutes 38 seconas East. long - # to said cur 214 65 feet. thence Nnrlh t8 Degrees 55 minutes 59 sernnds East 104 77
feet: thence easterly 350.65 feet along a non- tangentid curve concave to the south having o radius of 500.00 feet a centrat ongie of W degrees 10 . nutes 5_
' seconds and a chord that bears South 87 degrees 08 minutes 56 seconds East; thence South 67 degrees 03 minutes 30 seconds East, tangent to sow curve
78.44 tell to a point On said east i-ne C,Staht 456.35 feet north Of the southeast corner of the Northeast Quorter at the Northeast r_LOrter at said Section 16.
thence Saut 0 decrees 'O mmotes C6 seconas East along said east fine 112380 feet to the point of beginning
ALSO. Beginning at the Southwest corner of the North half of the Northwest Quarter of Section 15: thence North 1254.00 feet 76 rods to the center of Smithtown Inc
Raul Roca: thence South 76 degrees East 514 4 feet; thence South 19 degrees 21 minutes West. along the center of the North and South road, a distance of 1202.5 tr.•.
' thence 15515 feet to the place of beginning, all in Township 116 North. Rance 23 West. Carver County. Minnesota lying southerly of a line described as beginning c:
a pant on fie west line of said Northwest Ouarter distant 486.35 feet north of sofa point of Deginnng; thence southeasterly turned dng:e Of 66 aegrees 35 minutes
seconds from south to east 327.55 feet to the center Inc of the north ono south rood and said fine there terminating.
and that Rooer 0 O*Shoughnessy and Betty L. O husband k wife.` tee Owners of the following described property situated in the Ccunty of Cover. State of
Minnesota 10 wit.
That cart Of the Northeast Quarter of the Northeast Ovorter and the Southeast Quarter of the Northeast Guorter Of Section 16, Townsnio 116 Ronde 23, Carver
County, Minnesoto iying westerly of the following OescriDed line.
Beginning at the southeast corner Of the Northeast Quarter of said_5ection 16: thence North 0 degrees 28 minutes 06 seconds West. assumed bearing, along
the east line of said Northeast Quarter a distance of 692 36 feet to the point of beginning of the line to be described: thence North 48 decrees 32 minutes 42
seconds West 329.53 feet: thence North 28 degrees 44 minutes 33 seconds West 863.00 feet: thence Northeasterly 10.71 feet along a non- tangentiai curve
' concave to the northwest having a radius of 500.00 feet, a central angle of I degrees 13 minutes 39 seconds and o chord that Dears North 64 degrees 54
minutes 28 seconas East: thence North 64 degrees 17 minutes 38 seconds East. tangent to said curve 21 feet: thence North 18 degrees 55 minutes 59
seconds East 104.77 feet: thence North 4 degrees 5 minutes 41 seconds East. 361.53 feet: thence North 20 degrees 02 minutes 12 seconas West 468.05
feet to the north line of said Northeast Quarter of the Northeast Quarter and said line there terminating.
ALSO. the following oeseribed tract of land: Beginning of the northeast corner of the Southeast Quarter Of Section 16. Township 116 North, Range :3
West, Carver County, Minnesota: thence east on the East-west Quarter line of Section 15, Township 116 North, Range 23 West, a distance of 145 feet to a
point; thence in a southwesterly direction a distance of 17E feet to a point; thence in a northwesterly direction a distance of 335 feet to o point in the East -
West Quarter line of Section 16, Township 116 North, Range :3 West, which said point is 194 feet Ono 4 riches west of the northeast corn r Cf the
Southeast Quarter of Section 16, thence east, on said East -West Ouarler line, a distance of 194 feet and 4 inches to the place of beginning. Subject to rOoas.
I SP -8
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -9
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of , 19
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -10
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
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
GC -1
1
from the City Inspectors) 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
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.
GC -2
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 1250
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
GC -3
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples
Birch
Linden
Ginkgo
Locust
Kentucky Coffee Tree
Hackberry
Hawthorn
Oak
Hickory
Ash
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2 inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee of
$750.00 in the form of cash or letter of credit shall be provided
to the City. These conditions must then be complied with within two
(2) months after the certificate of occupancy issued, except that
if the certificate of occupancy is issued between October 1 through
May 1 these conditions must be complied with by the following July
lst. Upon expiration of the time period, inspections will be
conducted by City staff to verify satisfactory completion of all
conditions. City staff will conduct inspections of incomplete
items with a $50.00 inspection fee deducted from the escrow fund
for each inspection. After satisfactory inspection, the financial
guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20 -94
or to satisfy any other requirements of this Contract or of City
ordinances. These requirements supplement, but do not replace,
specific landscaping conditions that may have been required by the
City Council for project approval.
13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free at the time of planting. All
landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
' post a letter of credit or other security acceptable to the City to
secure the warranties at the time of final acceptance.
' 14. Lot Plans. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control including silt
fences, and Tree Removal Plan shall be submitted for each lot for
' GC -4
review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street name,
monumentation required by the City
improvements shall be furnished and i
sole expense of the Developer.
18. House Pads. The Developer
City "as- built" plans indicating the
fill on any house pad location.
traffic signs, and wetland
as a part of the public
nstalled by the City at the
shall promptly furnish the
amount, type and limits of
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
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;
iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2 of construction costs
for the first $1,000,000 and one and one -half
percent (1 1 -%) of construction costs over
$1,000,000.
GC -5
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,
1 including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
' G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
' telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
' the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
' a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
' GC -6
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.
C. Third Parties. Third parties shall have no recourse
against the City under this Contract.
D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be
issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface
and the site graded and revegetated in accordance with Plan B of
the development plans.
G. Waivers /Amendments. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and maintain
until si,. (6) months after the City has accepted the public
improvements, public liability and property damage insurance
GC -7
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
' subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
' for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
' evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
' J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
L 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
' GC -8
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
of City snow plowing service does not constitute final acceptance
of the streets by the City.
0. Storm Sewer Maintenance. The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off -site storm sewer system that receives
storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations
under this paragraph shall end two (2) years after the public
improvements in the plat have been accepted by the City.
P. Soil Treatment Systems. If soil treatment systems
are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
Q. Variances. By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
R. Compliance with Laws, Ordinances, and Regulations.
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
S. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
T. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
GC -9
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I
F
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7
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
U. Soil Correction. The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
GC -10