1b. Approve Development contract and Construction Plans and Specs for Hally Great Plains AdditionCITY OF -/
42ANEASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' MEMORANDUM
t TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer J
DATE: July 20, 1995
' SUBJ: Approve Development Contract and Construction Plans and Specifications for
Halla Great Plains Addition - Project No. 95 -13
I
f
The attached development contract incorporates the conditions of approval from the final platting
and construction plans and specifications review process. Staff has calculated the required
financial security to guarantee compliance with the terms of the development contract at $730,000
and the development contract administration fees total $35,604. The administration fee does not
include the applicant's SWMP fees. These fees will be calculated after the review of the
construction plans have been completed.
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 documents in general conformance to the City standards. However, the plans still require
some modifications which the applicant's engineer is in the process of revising. The revised
plans were not available at time of writing this item. The revised construction plans and
specifications will be available for review in the Engineering Department on Monday, July 24,
1995. It is therefore recommended that the construction plans and specifications for Halla Great
Plains Addition dated July 1, 1995, revised July 8, 1995 prepared by Roger A. Anderson, and
the development contract dated July 24, 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 $730,000 and pay an administration fee of $35,604 and
SWMP connection fees.
' Attachments: 1
2
I c: Don Halla
g Aeng \projects \halla \dev con.cc
.
Development contract dated July 24, 1995.
Breakdown of administration fees dated July 20, 199 -5� aicur► A <�.
Arr t y vlt,y Comna �
CITY OF CHANHASSEN '
CARVER AND HENNEPIN COUNTIES, MINNESOTA
HALLA GREAT PLAINS ADDITION '
DEVELOPMENT CONTRACT
(Developer Installed Imp rovements) I
P P �
1
1
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1.
REQUEST FOR PLAT APPROVAL . . . . . . . . . . . .
. . SP -1
SP -1
2.
CONDITIONS OF PLAT APPROVAL
SP -1
3.
DEVELOPMENT PLANS . . . . . . . . . . . . . . . .
. .
SP-2
4.
IMPROVEMENTS . . . . . . . . . . . . . . . . . . .
. .
SP -2
'
5.
TIME OF PERFORMANCE . . . . . . . .
SP -2
6.
SECURITY . . . . . . . . . . . . . . . . . . . .
. .
SP -3
7.
NOTICES . .
SP -3
'
8.
OTHER SPECIAL CONDITIONS . . . . . . . . . . . . .
. .
SP -7
9.
GENERAL CONDITIONS
GENERAL
CONDITIONS
GC -1
1.
RIGHT TO PROCEED . . . . . . . . . . . . . . . . .
. .
GC -1
2.
PHASE DEVELOPMENT . . . . . . . . . . . . . . . .
. .
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'
3.
EFFECT OF SUBDIVISION APPROVAL . . . . . . . . . .
. .
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4.
IMPROVEMENTS . . . . . . . . . .
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5.
IRON MONUMENTS . . . . . . . . . . . . . . . . . .
. .
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6.
LICENSE . . . . . .
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7.
7A.
SITE EROSION CONTROL . . . . . . . . . . . . . .
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
. . .
OR OTHER
-3
'
BUILDING
• GC -3
8.
9.
CLEAN UP . • . • • • . . . • . . . . . . . . , ,
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS . • • •
, ,
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• . .
10.
CLAIMS . .
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GC -3
'
11.
PARK AND TRAIL DEDICATION
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12.
LANDSCAPING . . • • • • . . . . . . . . . . .
. . .
• GC -4
13.
WARRANTY . . . . . . . . . . . . . . . . . . . .
. .
GC-4
'
14.
LOT PLANS
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15.
EXISTING ASSESSMENTS
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16.
STREET LIGHTING . . • . • • • • • • • • • . . .
. . .
GC -5
17.
E
GC -5
'
18.
HOUSE . • • . . • • . • . . . . . . . . ,
HOUSE PADS
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19.
RESPONSIBILITY FOR COSTS . . . • • • • . • • •
. • •
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20.
DEVELOPER'S DEFAULT . . . . . . . . . . . . . .
. .
'
21.
MISCELLANEOUS
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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 -8
J. Remedies . .
G C -
K. Assignability
GC -8
L. Construction Hours . . • • • • • • • • • .
. . , G C -8
M. Access
GC -8
N. Street Maintenance
'
i
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 . . . . . . . . .
. . . . . . . . GC-9
. . . . . . . . GC -9
. . . . . . . . GC -9
and Regulations GC -9
. . . . . . . . GC -9
. . . . . . . . GC-9
. . . . . . . . GC -10
ii
CITY
OF CHANHASSEN.
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
HAL LA GREAT PLAINS ADDITION
SPECIAL PROVISIONS
' AGREEMENT dated July 24, 1995, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
' DONALD E. HALLA and SANDRA. J. CWAYNA HALLA, husband and wife (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
' City to approve a plat for HALLA GREAT PLAINS ADDITION (referred to
in this Contract as the "plat ") . The land is legally described on
the attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
' attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
' plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
' Plan A: Final Plat prepared by Egan, Field & Nowak, Inc.,
Surveyors and approved by the Chanhassen City Council on
July 10, 1995.
' Plan B: Grading, Drainage and Erosion Control Plan dated May 26,
1995, prepared by Roger A. Anderson & Associates.
' Plan C: Plans and Specifications for Improvements dated p June 1,
1994, revised July 8, 1995, prepared p by
& Associates.
' Plan D: Landscape Plan dated May 25, 1995, prepared by Halla
Nursery.
P.evised 3 /22/94
SP -1
4. Improvements. The Developer shall install and pay for '
the following:
A. Storm Water Drainage System
B. Streets
C. Street Signs
D. Street Lights
E. Site Grading
F. Underground Utilities (e.g. gas, electric,
telephone, CATV)
G. Setting of Lot and Block Monuments
H. Surveying and Staking
I. Landscaping
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1996. The Developer may,
however request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$ 730,000.00 . The amount of the security was calculated as 110%
of the following:
Site Grading . . . . . . . . . . . . . . $ 162,000
Storm Sewer, Drainage System,
including cleaning and maintenance . . . $ 96,300
Streets . . . . . . . . . . . . . . . . . $ 288,000
Street lights and signs . . . . . . . . . $ 4,000
Erosion control /site restoration . . . . $ 41,500
Engineering, surveying, and inspection . $ 47,000
Landscaping . . . . . . . . . . . . . . . $ 25,000
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 663.800
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1996. 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
SP -2
' 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:
Don Halla
10000 Great Plains Boulevard
' Chaska, MN 55318
Telephone: (612) 445 -6555
Notices to the City shall be in writing and shall be either hand
' delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
' Minnesota 55317, Telephone (612) 937 -1900.
8. other Special Conditions.
A. All areas disturbed during site grading shall be immediately
restored with seed and disc - mulched or wood fiber blanket
within two weeks of completing site grading unless the city's
' (BMPH) planting dates dictate otherwise. All areas disturbed
with slopes of 3:1 or greater shall be restored with sod or
seed and wood fiber blanket.
' B. The applicant must proved additional three trees per lot from
the city's approved tree selection list.
C. Lot 2, 3, 5, and 6 Block 1, shall be custom graded and shall
provide a tree preservation plan for staff approval prior to
issuance of a building permit. Staff shall have the right to
require a change in house pad and location if it will result
in saving significant vegetation. A snow fence shall be
placed along the edge of the tree preservation easement prior
to grading. The tree preservation easement shall be 60 feet
wide running parallel to Pioneer trail.
D. Building Department conditions:
1. Submit boring logs of borings done on each proposed ISTS
site with a unique identification for each to Inspections
' Division and indicate boring numbers for each site on the
Site Grading, Drainage and Soil Erosion Plan.
' 2. Evaluate existing ISTS on lot 10, Block 1 and repair or
replace the ISTS if it is a failing or noncomplying
system. Repair or replacement, if necessary, must be
done on a acceptable ISTS site other than the site
' currently labelled as the (SECONDARY) site.
I SP -3
3. Revise the preliminary grading plan to show standard
dwelling type designations for proposed house pads.
4. Discontinue nursery operations on all ISTS sites.
5. Protect ISIS sites as detailed in the June 12, 1995
letter to the applicant.
6. Relocate well on Lot 4, Block 2; Lot 9, Block 2 and Lot
2, Block 4.
E. The streets shall be constructed to the City's rural street
section. Detailed construction plans and specifications shall
be submitted for review and formal approval by the City
Council in conjunction with final plat approval. The
construction plans shall be designed in accordance to the
City's latest edition of standard specifications and detail
plates.
F. The applicant shall enter into a development contract with the
City and provide the necessary financial security to guarantee
installation of the public improvements and compliance with
final plat conditions of approval.
G. The applicant shall meet wetland fill and wetland mitigation
conditions as stated in the Corps of Engineers Section 404
Permit. Mitigation work shall be implemented prior to or
concurrent with wetland fill activity or excavation in future
phases of the project.
H. The applicant shall apply for and obtain permits from the
appropriate regulatory agencies, i.e. Watershed District,
MWCC, Health Department, PCA, DNR, Army Corps of Engineers,
Carver County Highway Department and MnDOT and comply with
their conditions of approval.
I. The appropriate drainage and utility easements shall be
dedicated on the final plat for all storm water drainageways
and ponding areas lying outside the street right -of -ways. The
minimum easement width shall be 20 feet wide. Consideration
should also be given for access for maintenance of the storm
water ponding areas. Drainage and utility easements shall be
dedicated on the final plat over Outlots A and B from the 910
contour on Outlot A and the 908 contour on Outlot B.
J. The lowest floor elevation of all buildings except Lot 15,
Block 1, adjacent to storm water ponds or wetlands shall be a
minimum of three feet above the 100 -year high water level.
All storm water ponds shall have side slopes of 10:1 for the
first ten feet at the normal water level and no more than 3:1
slopes thereafter or 4:1 slopes throughout for safety
purposes.
K. The existing ponds and Pond B shall be combined when Lot 10,
Block 1 further subdivides." Due to elevation differences,
SP -4
this is not feasible at this time. However, when Lot 10,
Block 1 subdivides, the two ponds should be consolidated into
one.
L. Existing wells and septic systems on the site which are not to
be utilized shall be properly abandoned in accordance with
' City or State codes.
M. The applicant shall be responsible for the appropriate storm
' water quality and quantity fees based in accordance to the
City's Surface Water Management Plan. The requirement for
cash fees in lieu of land or permanent pond construction shall
' be based upon the schedule in accordance with the prescribed
land use zoning. The SWMP connection fees for water quantity
and quality have been estimated at $179, 606 and will be due to
the City prior to recording the final plat. The final SWMP
' fees shall be calculated after review of the construction
plans.
N. The applicant shall report to the City Engineer the location
of any drain tiles found during construction and shall
relocate or abandon the drain tile as directed by the City
' Engineer.
0. The applicant shall modify the plans and incorporate the
following safety improvements:
1. Roadway alignments for Halla Nursery Vista and Trunk
Highway 101 may impose sight distance problems as well.
This should be investigated and documented by the
applicant's engineer that the intersection meets MnDOT's
standards for the posted speeds.
'
P.
The applicant shall be required to re- excavate all
6
unacceptable materials in the ravine on Lot 3, Block and
backfill with engineered fill. The applicant shall provide
the city engineer documentation that the existing storm pipe
determines the
(24" CMP) is structurally sound. If the city
pipe is not structurally sound the applicant shall replace it
'
with either PVC OR RCP.
Q.
Lot 10, Block 2, shall have no additional street access on to
TH 101.
'
R.
The applicant should provide documentation to the City and
dedicated
Carver County that appropriate right -of -way has been
100 -
with the final plat to achieve one -half of the minimum
14.
foot wide corridor for County Road
S.
Access to the individual lots shall be limited to the interior
101.
'
streets and not from County Road 14 or Trunk Highway
T.
The plat shall maintain an average overall density of 2 1/2
for Halla's Great
'
acres, including the nursery property,
Plains Golf Estates preliminary plat.
SP -5
U. The total number of lots shall not exceed 36 lots. This
number includes the parcel owned by Mark Halla, the nursery
site, and all lots proposed for single family development.
V. Park and trail dedication fees shall be paid in lieu of
parkland or trail construction at the time of building permit
application.
W. The streets and storm drainage system shall be constructed in
accordance to the city's rural street and utility standards.
Detailed construction plans and specifications shall be
submitted for review and formal approval by the city council
in conjunction with final plat approval. The plans shall be
designed in accordance with the latest edition of the city's
standard specifications and detail plates. Final plat
approval is contingent upon approval of the construction plans
by the Chanhassen City Council.
X. No berming or landscaping will be allowed within any right -of-
way. The proposed berm along TH 101 adjacent to Lot 2, Block
1 shall be relocated onto the lot.
Y. Grading Plan changes:
1. Pond A needs to be reconfigured so that the inlet is on
the opposite end of the outlet. The pond shall be
designed to retain between 65% to 75% phosphorus
retention.
2. Pond C shall be revised from a water quality pond to a
dry pond where it will be used as an emergency storage
area for a 100 -year storm events.
3. The drainage from Raspberry Hill and Delphinium Lane
should be routed back toward Pond B. This pond should
also be designed to retain 65% to 75% phosphorus
retention.
4. The existing pond (Lot 10, Block 1) needs to be analyzed
for its water quality abilities. The applicant may
receive credit towards their SWMP fees for any additional
wet volume necessary to provide treatment from the off -
site areas (golf course).
5. Pond D shall be combined with Pond E to reduce the number
of ponding areas. Pond E will have to be expanded to
also retain a 100 -year storm event since the runoff from
this pond is directed straight into the ravine which is
highly susceptible to erosion.
6. The final site grading, drainage and soil erosion control
plan needs to be signed by a professional engineer
registered in the state of Minnesota.
i
SP -6 I
7. All stormwater quantity ponds must have a stormwater
outlet control structure.
' 8. The grading plan shall be revised to relate to the final
plat lot and block numbers.
' 9. Erosion control measures such as rock filter dikes shall
be placed at drainage swales prior to discharging off -
site to maintain erosion. In addition, rock construction
' entrances shall be employed and maintained at all access
points until the streets are paved.
' 10. Condition No. 3 on the erosion control notes should be
modified to require the site be fully revegetated and
authorization by the City prior to the removal of the
' erosion control fence.
Z. All existing irrigation water lines need to be relocated or
abandoned in areas where the line encroaches through the
platted lots with the exception of Lot 10, Block 1.
AA. Final plat approval shall be contingent upon the City formally
approving the street construction plans and development
contract.
BB. Right turn lanes shall also be constructed on eastbound
' Pioneer Trail (County Road 14) at Halla Nursery Drive.
CC. The remnant parcel which lies west of the future TH 101 right-
' of -way (Lot 1, Block 3) shall be platted as an outlot.
DD. Future subdivision of Lot 10, Block 1 will require the
' extension of Delphinium Lane South to connect eventually up
with Daylilly Lane.
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.
1!
SP -7
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
DONALD E. HALLA &
SANDRA J. CWAYNA HALLA
BY:
Its
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
•,
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
I Lots 2 and 3, Block 1, Great Plains Golf Estates
n
n
SP -9
I
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 -10
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
JF
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 -11
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
GC -1
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
' Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
' completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
' sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
' utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
i 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
GC -2
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code § 20 -94.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 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,
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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
, , Tr ii-.,.,.,. „r,. Tno„+ -c arA nnt- in place at the time a
certificate of occupancy is requested, a financial guarantee o
' $750.00 in the form of cash or letter of credit shall be provided
to the City. These conditions must then be complied with within two
(2) months after the certificate of occupancy issued, except that
' if the certificate of occupancy is issued between October 1 through
May 1 these conditions must be complied with by the following July
1st. Upon expiration of the time period, inspections will be
conducted by City staff to verify satisfactory completion of all
' conditions. City staff will conduct inspections of incomplete
items with a $50.00 inspection fee deducted from the escrow fund
for each inspection. After satisfactory inspection, the financial
' guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to 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
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landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to
secure the warranties at the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control including silt
fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
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
fill on any house pad location.
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
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 (30) of construction costs;
if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (30) of
construction costs for the first $500,000
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' and two percent (2 %) of construction
costs over $500,000;
if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2 of construction
' costs for the first $1,000,000 and one
and one -half percent (1 of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
' construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
accordance with Article 19E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
' approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the 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
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overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
A. Construction Trailers. Placement of on -site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre- construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service. The Developer shall provide
for the maintenance of postal service in accordance with the local
Postmaster's request.
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
GC -7
1 take legal action to enforce this Contract shall not be a waiver or
release.
t H. Release. This Contract shall run with the land
and may be recorded against the title to the property . After the
Developer has completed the work required of it under this
' Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
' a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and
' maintain until six (6) months after the City has accepted the
public improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
' $500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
' policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) 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
f 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.
t 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
GC -8
�l
City Council approval. Under emergency conditions, this limitation
may be waived by the consent of the City Engineer.
Any approved work performed after dark shall be adequately
illuminated.
M. Access. All access to the plat prior to the
City accepting the roadway improvements shall be the responsibility
of the Developer regardless if the City has issued building permits
or occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing 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
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' 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 indemnify, defend, and hold harmless the City,
its governing body members, officers, and employees from any claims
' or actions arising out of the presence, if any, of hazardous wastes
or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
U. Soil Correction. The Developer shall be
responsible for soil correction work on the property. The City
' makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
' the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
' project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
' graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
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CITY OF CHANHASSEN
HALLA GREAT PLAINS ADDITION
PROJECT NO. 95 -13
BREAKDOWN OF ADMINISTRATION FEES - 7/20/95
Estimated Total Cost of Public Improvements ........................ $638,800.00*
- 3% of Public Improvement Costs (Under $500,000) ................... $ 19,164.00
- Street Lighting Charge (for electricity)
14 @ $200 .............. ............................... $ 2,800.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) .. ............................... $ 350.00
- Recording Fees
a. Development Contract .... ............................... $ 30.00
b. Plat Filing ............ ............................... $ 30.00
c. Tree Conservation Easement .............................. $ 30.00
- Park and Trail Fees
(33 lots @ $1,200 per lot divided by one - third) ................. $ 13,200.00
- SWMP Fees (DELAY PAYMENT UNTIL CREDITS RESOLVED) ........ $ PENDING
TOTAL ADMINISTRATION FEES ............................... $ 35.604.00
*Does not include landscaping cost
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