2a-2. Approve Development Contract and Construction Plans and SpecCITY OF C;`� a
�BANHASSSN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer
DATE: October 5, 1995
SUBJ: Approve Development Contract and Construction Plans and Specifications for Forest
Meadow - Project No. 95 -18
The attached development contract incorporates the_ conditions of approval from the final platting and
construction plans and specifications review process. Staff has calculated the required financial security to
guarantee compliance with the terms of the developrttent contract at $380,600 and the development contract
' administration fees, including SWMP fees, total $48,5$5.00. Park and trail fees have been waived
contingent upon the applicant complying with the Park Commission's recommendations.
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 plans still
needed further modification to be in general conformance to the City standards. It is therefore recommended
that the construction plans and specifications for Forest Meadow dated June 19, 1995 prepared by Roger
Anderson & Associates, and the development contract dated October 9, 1995 be approved conditioned upon
the following:
1. The applicant enter into the development contract and supply the City with a cash escrow or letter
of credit in the amount of $380,600 and pay an administration fee of $48,585.
2. Staff shall review and administratively approve the construction plans after further revisions as
required by the City.
' ktm
Attachments: l . Development contract dated October 9, 1995.
2. Breakdown of Administration Fees.
c: David Sebold, JMS Companies, Inc.
NOTE Final construction plans and specifications are available for review in the Engineering
Department.
g:leng\projects\forest\devcon. mem
CITY OF CHANHASSEN
FOREST MEADOW
PROJECT NO. 95-18
BREAKDOWN OF ADMINISTRATION FEES - 10/5/95
Estimated Total Cost of Public Improvements ................................. ............................... $360
- 3% of Public Improvement Costs (Under $500,000) ........................ ............................... $ 10,824.00
- Street Lighting Charge (for electricity)
3 @ $ 200 ..................................................................................... ............................... $ 600.00
- 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
- Park and Trail Fees waived if Park Commission conditions are met
$ 0.00
- SWMP Fees ....................................................................................... ............................... $ 36,721.00
TOTAL ADMINISTRATION FEES ........................... ............................... ..................... $48.585.00
*This figure does not include landscaping costs.
gAeng\dcVorest.fee
' CITY OF CHANHA3SEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FOREST MEADOW
DEVELOPMENT CONTRACT
(Developer er Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE I
1.
REQUEST FOR PLAT APPROVAL ... ...........................SP
-1
2.
CONDITIONS OF PLAT APPROVAL . ...........................SP
-1
3.
DEVELOPMENT PLANS ........... ...........................SP
-1
4.
IMPROVEMENTS ................ ...........................SP
-2
5.
TIME OF PERFORMANCE ......... ...........................SP
-2
6.
SECURITY .................... ...........................SP
-2
7.
NOTICES ..................... ...........................SP
-3
8.
OTHER SPECIAL CONDITIONS .... ...........................SP
-3
9.
GENERAL CONDITIONS .......... ...........................SP
-7
GENERAL CONDITIONS
1.
RIGHT TO PROCEED ............ ...........................GC
-1
2.
PHASE DEVELOPMENT ........... ...........................GC
-1
3.
EFFECT OF SUBDIVISION APPROVAL .........................GC
-1
4.
IMPROVEMENTS ................ ...........................GC
-1
5.
IRON MONUMENTS .............. ...........................GC
-2
6 .
LICENSE .............. ............................... ..GC
-2
7.
SITE EROSION CONTROL ........ ...........................GC
-2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING .................... ...........................GC
-3
8 .
CLEAN UP .................... ...........................GC
-3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ...............GC
-3
10 .
CLAIMS ...................... ...........................GC
-3
11.
PARK AND TRAIL DEDICATION ... ...........................GC
-4
12.
LANDSCAPING ................. ...........................GC
-4
13.
WARRANTY .................... ...........................GC
-5
14.
LOT PLANS ................... ...........................GC
-5
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
-7
21.
MISCELLANEOUS
A. Construction Trailers .. ...........................GC
-7
B. Postal Service ......... ...........................GC
-8
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
i
K.
Assignability .......... ...........................GC
-9
L.
Construction Hours ..... ...........................GC
-9
-9
M.
Access .................
.GC -9
N.
Street Maintenance ...........................GC
-10
O.
Storm Sewer Maintenance ..........................GC
-10
p.
Soil Treatment Systems . ..........................GC
.GC -10
' Q.
R.
Variances .......................................
Compliance with Laws, Ordinances,
and Regulations
S.
proof of Title .........
GC -10
'
T.
Soil Conditions ............GC
-10
U.
Soil Correction ...................
.............. .GC -11
u
I ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
FOREST MEADOW '
SPECIAL PROVISIONS
AGREEMENT dated October 9, 1995, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City ") , and '
J.M.S. EQUITIES, INC., a Minnesota corporation (the "Developer ").
1. Request for Plat Approval.
City to approve a plat for FOREST
Contract as the "plat "). The land
attached Exhibit "A ".
The Developer has asked the '
MEADOW (referred to in this
is legally described on the
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the
plans may be prepared, subject to City approval, after entering
the Contract, but before commencement of any work in the plat. If
the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A: Plat prepared by Egan, Field & Nowak, Inc. and approved
by the Chanhassen City Council on October 9, 1995.
Plan B: Grading, Drainage and Erosion Control Plan dated June
19, 1995, revised September 29, 1995, prepared by Roger
Anderson & Associates.
Plan C: Plans and Specifications for Improvements dated June
19, 1995, revised September 29, 1995, prepared by Roger
Anderson & Associates.
Plan D: Landscape Plan dated October 5, 1995, prepared by Roger
Anderson & Associates.
Revised 3/22/94
SP -1
4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. 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
$ 380,600 . The amount of the security was calculated as 110% of
the following:
Site grading .......... ............................... $ 92,000
Sanitary sewer ......... ..............................$ 38,300
Watermain.............. ............................... 33,400
Storm Sewer, Drainage System, 20
. ,000
including cleaning and maintenance ........•••• .......$ 20,400
Streets ................. .............................
Street lights and signs ......................•••••... $ $ 2 11, ,
Erosion control and site restoration .........•••••..' 16,000
Engineering, surveying, and inspection .......••••.... $ 19,800
Landscaping ............ ..............................$
TOTAL COST OF PUBLIC IMPROVEMENTS ......................... $ 346,000
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,
SP -2
security, without notice, for any violation of the terms of this
Contract. If the required public improvements are not completed
at least thirty (30) days prior to the expiration of the security,
the City may also draw it down. If the security is drawn down,
the draw shall be used to cure the default. With City approval,
the security may be reduced from time to time as financial
obligations are paid, but in no case shall the security be reduced
to a point less than 10% of the original amount until all
improvements are complete and accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
JMS Companies
Attn: Jeff Schoenwetter
80 West 78th Street, Suite 133
Chanhassen, MN 55317
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. The applicant shall work with the City in
developing a landscaping reforestation plan on the site. The
landscaping plan shall include a total of 63 trees. Two trees
per lot and 10 additional trees within the development will be
planted by the developer. The city will install the remaining 19
trees in the park. The vegetated areas which will not be
affected by the development will be protected by a conservation
easement. The applicant shall provide the city with a legal
description of these easements. Staff shall provide a plan which
shows the location of the conservation easement and the applicant
shall provide the legal description. A snow fence shall be
placed along the edge of tree preservation easements prior to
grading.
B. Building Department condition:
1. Submit soils report to the Inspections
Division. This should be done prior to issuance of any building
permits.
SP -3
C. Fire Marshal condition:
' 1. A ten -foot clear space must be maintained
around fire hydrants, i.e. street lamps, trees, shrubs, bushes,
NSP, NW Bell, cable television, transformer boxes. this is to
insure that fire hydrants can be quickly located and safety
operated by firefighters. Pursuant to Chanhassen City Ordinance
#9 -1.
D. Park and Recreation conditions:
1. The park be platted as an outlot (outlot A)
' in the general configuration shown on the proposed plat. The
outlot to include no less than 5 acres.
' 2. The city shall compensate JMS Companies
$26,000 per acre for the outlot at the time of sale.
3. All park and trail fees shall be waived for
Forest Meadow conditioned upon the applicant entering into a
purchase agreement with the city for conveyance of Outlot A.
' (These fees total $20,400 at current rates.)
E. A rock construction entrance shall be installed
and maintained on Fawn Hill Road until the street is paved.
' Construction access to the site other than Fawn Hill Road is
subject to approval by the City.
F. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc -
mulched or wood -fiber blanket or sod within two weeks of
' completion of each activity in accordance with the City's Best
Management Practice Handbook. Other than one model home permit
no other building permits will be issued until the site grading
is completed and the site reseeded and mulched and the streets
needed for access are paved with the first lift of asphalt.
' G. The wetlands and wetland buffers shall be
delineated on the grading and drainage plans. 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 per sign.
' H. The applicant shall enter into a development
contract with the City and provide the necessary financial
security to guarantee compliance with the terms of the
' development contract.
1 SP -4
I. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Carver County,
Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota
Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their
conditions of approval.
J. The applicant shall dedicate on the final plat a
20 foot wide drainage and utility easement centered on the common
lot line between Lots 1 and 8, Block 1, for utility service to
Lot 7, Block 1.
K. No berming or landscaping will be allowed within
the right -of -way.
L. The lowest exposed floor or opening elevation of
all buildings adjacent to the wetlands shall be a minimum of 2
feet above the 100 -year high water level.
M. The house at 7210 Galpin Boulevard shall be
connected to City sanitary sewer within 12 months after the final
plat has been recorded. The well may continue to be used until
it fails, at which time the property shall connect to City water.
N. The proposed single- family residential development
of 13.18 developable acres is responsible for a water quantity
connection charge of $26,173 and a water quality connection
charge of $10,548. The fees are payable to the City prior to the
City filing the final plat.
0. The applicant shall report to the City Engineer
the location of any drain tiles found during construction and
shall re- locate or abandon the drain tile as directed by the City
Engineer. A drain tile system will need to be incorporated into
the construction plans for those lots which are unable to
discharge directly into either a storm sewer system or
pond /wetland.
P. The applicant shall extend street and utility
service to the properties south of this development. A condition
shall be placed in the development contract that the southerly
street will be extended in the future.
Q. No site grading shall occur on Outlot A with the
exception of a temporary stormwater pond without approval from
the City's Park Department.
SP -5
SP -6
R. The applicant shall
build
a private street to
service
Lot 7 in
accordance to City ordinance. A 30 -foot wide
cross - access easement will also be
necessary.
S. COMPLIANCE WITH ORDINANCE
- RSF DISTRICT
Lot
Lot
Lot
Home
Area
Width
Depth
Setback
Ordinance
15,000
90'
125'
30' front/rear/bluff
10' sides
BLOCK 1
Lot 1
15,924
102.40'
181'
30730'
10'
Lot 2
20,747
110'
218'
30730'
10'
Lot 3
22,017
120'
225'
30730'
10'
Lot 4
19,077
142'
176'
30730'
10'
Lot 5
18,610
161'
173'
30730'
10'
Lot 6
31,534
69.18'
350'
30730730'
on cul -de -sac
10'
Lot 7
50,160
148'
224'
30730730'
on private drive
10'
Lot 8
57,439
31.88'
405'
30730'
neck lot
10'
Lot 9
34,411
78.8'
240'
30730'
10'
Lot 10
35,178
83.54'
238'
30730'
10'
Lot 11
20,113
91.49'
175'
30730'
10'
SP -6
Lot 12
17,850
89,41'
155'
30730'
10'
Lot 13
20,044
91'
175'
30730'
10'
BLOCK 2
24,247
92.68
277
30730'
Lot 1
22,239
202.24'
186'
30730'
Lot 6
44,049
60.09
349'
10'
Lot 2
17,700
90.16'
182.5'
30730'
10'
Lot 3
20,690
91'
187'
30730'
10'
Lot 4
20.821
90.28'
225'
30730'
10'
Lot 5
24,247
92.68
277
30730'
10'
Lot 6
44,049
60.09
349'
30730'
10'
Outlot A 4.97 acres
Galpin Blvd. 0.341
Fawn Hill Road /Court 1.49 acres
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 -7
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: J.M.S. EQUITIES, INC.
BY:
'
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument
was acknowledged before me this
day of , 191
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 -8
EXHIBIT " A "
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the North Half of the Southwest Quarter of Section
10, Township 116, Range 23, Carver County, Minnesota, described as
follows: Beginning at the West Quarter corner of said Section 10;
thence on an assumed bearing of South 1 degree 56 minutes 40
seconds East along the west line of said Southwest Quarter a
distance of 651.25 feet; thence North 88 degrees 03 minutes 20
seconds East a distance of 1283.64 feet; thence North 6 degrees 43
minutes 00 seconds East a distance of 53.26 feet; thence northerly
a distance of 299.94 feet along a tangential curve concave to the
west having a radius of 5994.82 feet and a central angle of 2
degrees 52 minutes 00 seconds; thence North 3 degrees 51 minutes
00 seconds East along a tangent a distance of 240.60 feet to the
north line of said Southwest Quarter; thence North 89 degrees 20
minutes 05 seconds West along said north line of the Southwest
Quarter a distance of 1355.09 feet to the point of beginning.
SP -9
r
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subj
of which is governed by the foregoing
and consent to the provisions thereof
provisions as the same may apply to
property owned by them.
act property, the development
Development Contract, affirm
and agree to be bound by the
that portion of the subject
Dated this day of , 19
STATE OF MINNESOTA
t 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
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
k 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 -11
CITY OF CHANHASSEN,
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENE AT, CCNnTTTnTjS
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
i 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
■ GC -1
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 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
GC -2
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
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,
discharge, and dismiss the City from any further proceedings as it
t pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to
determine attorneys' fees.
GC -3
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors
or assigns, shall pay to the City the park and trail dedication
fees then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount
previously paid.
12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Birch
Linden Ginkgo
Locust Kentucky Coffee Tree
Hackberry Hawthorn
Oak Hickory
Ash
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2%) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the
boulevard (area between curb and property line) . In addition to
any sod required as a part of the erosion control plan, Plan B,
the Developer or lot purchaser shall sod the boulevard area and
all drainage ways on each lot utilizing a minimum of four (4)
inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in
place at the time a certificate of occupancy is requested, a
financial guarantee of $750.00 in the form of cash or letter of
credit shall be provided to the City. These conditions must then
be complied with within two (2) months after the certificate of
occupancy issued, except that if the certificate of occupancy is
issued between October 1 through May 1 these conditions must be
complied with by the following July 1st. Upon expiration of the
time period, inspections will be conducted by City staff to verify
satisfactory completion of all conditions. City staff will
conduct inspections of incomplete items with a $50.00 inspection
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
GC -4
the escrowed funds for maintenance of erosion control pursuant to
City Code Section 20 -94 or to satisfy any other requirements of
' this Contract or of City ordinances. These requirements
supplement, but do not replace, specific landscaping conditions
that may have been required by the City Council for project
approval.
13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive,
of good quality, and disease free at the time of planting. All
landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City
to secure the warranties at the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an
' acceptable Grading, Drainage, Erosion Control including silt
fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with development plans and City ordinance.
15. Existing Assessments. Any existing assessments against the
r 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, 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 shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
1 fill on any house pad location.
19. Responsibility for Costs.
i 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
GC -5
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of
public improvements is less than
$500,000, three percent (3%) of
construction costs;
if the cost of the construction of
public improvements is between $500,000
and $1,000,000, three percent (3%) of
construction costs for the first
$500,000 and two percent (2%) of
construction costs over $500,000;
if the cost of the construction of
public improvements is over $1,000,000,
two and one -half percent (2 1 /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.
NM
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. Developers 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.
t I
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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 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
GC -8
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 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.
1 GC -9
The City shall have complete discretion to approve or reject the
request. The City shall not be responsible for reshaping or
damage to the street base or utilities because of snow plowing
operations. The provision of City snow plowing service does not
constitute final acceptance of the streets by the City.
O. Storm Sewer Maintenance. The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off -site storm sewer system that
receives storm water from the plat. The Developer shall follow
all instructions it receives from the City concerning the cleaning
and maintenance of the storm sewer system. The Developer's
obligations under this paragraph shall end two (2) years after the
public improvements in the plat have been accepted by the City.
P. Soil Treatment Systems. If soil treatment systems
are required, the Developer shall clearly identify in the field
and protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
Q. Variances. By approving the plat, the Developer
represents that all lots in the plat are buildable without the
need for variances from the City's ordinances.
R. Compliance with Laws, Ordinances, and Regulations.
In the development of the plat the Developer shall comply with
all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. 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
GC -10
condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which
the Developer may make use of such property. The Developer
further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from
any claims or actions arising out of the presence, if any, of
hazardous wastes or pollutants on the property, unless hazardous
wastes or pollutants were caused to be there by the City.
U. Soil Correction. The Developer shall be
responsible for soil correction work on the property. The City
makes no representation to the Developer concerning the nature of
' suitability of soils nor the cost of correcting any unsuitable
soil conditions which may exist. On lots which have no fill
material a soils report from a qualified soils engineer is not
required unless the City's building inspection department
determines from observation that there may be a soils problem. On
lots with fill material that have been mass graded as part of a
multi -lot grading project, a satisfactory soils report from a
qualified soils engineer shall be provided before the City issues
a building permit for the lot. On lots with fill material that
have been custom graded, a satisfactory soils report from a
qualified soils engineer shall be provided before the City
inspects the foundation for a building on the lot.
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