3c-2. Meadows at Longacres-Approve Development Contract and Construction Plans and SpecificationsI
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CITY OF 3c -z
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer
DATE: May 5, 1994
SUBJ: Approve PUD/Development Contract and Construction Plans and Specifications for The Meadows
at Longacres - Project No. 94 -7
The attached PUD/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 PUD/Development Contract at $892,000 and the PUD/Development Contract
administration fees total $38,900 which includes 1/3 of the required Park and Trail fees.
The applicant has also submitted detailed construction plans and specifications for staff review and City Council
approval. Staff has reviewed the construction plans and specifications and find the specifications are in general
conformance to the City standards; however, the construction plans still need some minor modifications. Staff
requests that the City Council grant staff the flexibility to administratively approve the plans after working with the
applicant's engineer in modifying the plans accordingly to meet City standards. It is therefore recommended that
the construction plans and specifications for The Meadows at Longacres dated March 22, 1994, revised May 9, 1994
prepared by Schoell & Madson, Inc. and the PUD/Development Contract dated May 9, 1994 be approved
conditioned upon the following:
I. The applicant enter into the PUD/Development Contract and supply the City with a cash escrow or letter
of credit in the. amount of $892. and pay an administration fee of $38,900.
2. The applicant's engineer shall work With City,staff in revising the construction plans to meet City standards.
ktm
Attachments: 1. PUD/Development Contract dated May 9, 1994.
2. Construction plans. Please leave, your copy of the construction plans in the Council
Chambers for staff to collect after the meeting. Specifications are available for review
In the Frgineering Department
c: Michael Pflaum, Lundgren Bros. Construction
sAe%msv.\ec\rnpao.s
CITY OF CHANHASSEN
THE MEADOWS AT LONGACRES
PROJECT NO. 94 -7
BREAKDOWN OF ADMINISTRATION FEES - 5/5/94
Estimated Total Cost of Public Improvements ......................... $811,000.00
- 3% of Public Improvement Costs (Under $500,000) ................... $ 15,000.00
- 2% of Public Improvement Costs (Over $500,000) ..................... $ 6,220.00
- Street Lighting Charge (for electricity)
10 @ $200 ............... ..............................$ 2,000.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) .. ............................... $ 350.00
- Recording Fees
a. Development Contract .... ............................... $ 25.00
b. Plat Filing ............ ............................... $ 30.00
c. Tree Conservation Easements .............................. $ 25.00
d. Trail Easement ......... ............................... $ 25.00
- Park and Trail Fees (1/3) ....... ............................... $ 15,200.00
TOTAL ADMINISTRATION FEES ............................... $ 38.900.00
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
THE MEADOWS AT LONGACRES
SPECIAL PROVISIONS
AGREEMENT dated May 9, 1994 by and between
CHANHASSEN, a Minnesota municipal corporation (the
LUNDGREN BROS. CONSTRUCTION, INC. (the "Developer ").
1
the CITY OF
"City "), and ,
1. Request for Plat Approval. The Developer has asked the
City to approve a plat and planned unit development for THE MEADOWS
AT LONGACRES (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 and planned unit development on condition that the
Developer enter into this Contract and furnish the security
required by it.
3. Zoning. The plat is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the "PUD", as may be amended,
shall apply to the subject property.
4. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A - -Plat approved by the Chanhassen City Council on
May 9, 1994.
Plan B -- Grading, Drainage and Erosion Control Plan dated
March 10, 1994, revised May 9, 199.4, prepared by
Schoell & Madson, Inc.
Plan C- -Plans and Specifications for Improvements dated
April 22, 1994, revised May 9, 1994,prepared by
Schoell & Madson, Inc.
Plan D -- Landscape Plan dated April 8, 1994, prepared by
Ernst Associates.
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5. Improvements. The'Developek shall install and pay for
1 the following:
A. Sanitary Sewer System
' B. Water System
C. Storm Water Drainage System
D. Streets and Sidewalk
E. Concrete Curb and Gutter
' F. Street Signs
G. Street Lights
H. Site Grading and Erosion Control
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
' K. Surveying and Staking
L. Auxiliary Turn Lanes on Trunk Highway 41
M. Landscaping
N. Wetland Buffer Monumentation
6. Time of Performance. The Developer shall install all
required improvements by November 15, 1995. The Developer may,
' however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
7. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
' $ 892,000.00 The amount of the security was calculated as 110%
of the following:
Site Grading . . . . . . .
. . . . . . . $
200,000.00
' Sanitary sewer . . . . . .
. . . . . . . $
158.000.00
Watermain . . . . .
. . . . . $
60.000.00
Storm drainage system . . .
. . . . . . . $
90.000.00
Streets . . . $ 205.000.00
Street lights and signs $ 3.500.00
Erosion control . . . . . . . . . . . . . $ 4.000.00
Engineering, surveying, and inspection . $ 70,000.00
Landscaping and site restoration . . . . $ 20.000.00
Wetland monuments . . . . . . . . . . . . $ 500.00
' TOTAL COST OF PUBLIC IMPROVEMENTS $ 811.000.00
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, 1995. 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
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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. ,
S. 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:
Lundgren Bros. Construction, Inc. '
935 East Wayzata Boulevard
Wayzata, MN 55391
(612) 473 -1321 ,
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address: '
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions. I
A. The front yard setback for each lot may be a minimum
of 20 feet from the street rightof -way. Variances shall be granted
,
on Lot 1, Block 1, Lots 1, 13, Block 2, Lot 5, Block 3, Lots 5 -7,
Block 4, and Lots 1 -3, Block 5.
B. Each lot shall maintain a side yard separation of 20
'
feet between each principal structure, including decks. The
applicant shall be required to submit proof with each building
permit application that the 20 foot separation is being maintained.
'
C. The applicant shall provide a copy of the covenants
for review and approval by city staff.
D. The pool located on Lot 4, Block 2, shall be removed
by the applicant prior to the filing of the final plat.
E. Outlot D and Lot 1, Block 3 shall be vacated by BMT
and cleared within 30 days after the final plat is filed. The
applicant shall be required to receive demolition permits prior to
removing any of the existing buildings.
F. The area substantially as shown on the plans as tree
preservation areas will be protected by a preservation easement.
The preservation easement will not allow the removal of any healthy
vegetation. Precise delineation of the areas for tree preservation ,
shall be agreed upon between the developer and staff.
G. The applicant shall provide "as- built" locations and
dimensions of all corrected house pads or other documentation
acceptable to the Building Official.
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H. Park and Recreation conditions:
' 1. Full park and trail fees shall be paid per
city ordinance.
' 2. Lundgren Brothers Construction will act as the
city's general contractor, soliciting bids for
construction of an 8 ft. wide asphalt trail as
' depicted on the applicant's grading and
drainage plan dated March 1994. The trail
segment north of Longacres Drive at Highway 41
' shall be the only exclusion. Final alignment
of this trail shall be staked by the applicant
and approved by the Park and Recreation
Director and City Engineer. This trail shall
' be constructed per standard city
specifications and must maintain a minimum
separation of 10 ft. from the wetland
delineation. A minimum of three bids for the
construction of this trail shall be presented
to the city for consideration by the
Chanhassen City Council. The council will
' elect to accept a qualifying bid or reject all
bids in favor of rebidding the work under city
contract. In the event that a bid is
accepted, Lundgren Brothers Construction will
coordinate this work as a part of the first
phase of public improvements. Upon completion
' and acceptance of the trail construction, the
city will pay Lundgren Brothers Construction
the full amount for said construction.
' 3. All easements for trail purposes necessitated
by this construction shall be granted to the
city for recording. The minimum width of said
easements shall be 20 feet.
I. The existing home on Lot 4, Block 2 shall connect to
the municipal sanitary sewer line and abandon the on -site septic
system per city /state codes within 30 days after the sewer system
is operational. The existing well may be used until it fails, then
the parcel must connect to city water. The existing business on
Outlot D shall be removed within 30 days after final plat approval.
J. Except for the condition in Recommendation 3 above,
' All utility and street improvements shall be constructed in
accordance with the latest edition of the City's Standard
Specification and Detail Plates. Formal construction plans and
specification approval by the City Council will be required in
' conjunction with the final platting.
K. The applicant shall apply for and obtain all the
' necessary permits of the regulatory agencies such as MPCA, Health
Department, Watershed District, DNR and MnDOT.
I SP -4
L. The developer shall report to the City Engineer the
A 10 foot clear space must be maintained around fire
location of any drain tiles found during construction.
'
M. The applicant shall submit storm drainage and
ponding calculations verifying the pipe sizing and pond volumes.
i.e.
Storm sewers shall be designed and constructed to handle 10 -year
storm events. Detention ponds shall be constructed to NURP
standards as well as maintain the surface water discharge rate from
'
the subdivision at the predeveloped runoff rate for a 100 -year,
'
24 -hour storm event. Drainage plans shall be consistent with the
City of Chanhassen's Best Management Practices Handbook.
'
N. The existing home on Lot 4, Block 2 shall change
their street address to coincide with the city's grid system once
LongAcre Drive has been paved with the first lift of asphalt. The
'
driveway shall also be relocated to access Longacres Drive.
The
0. The applicant shall resolve vacating the existing
private road easement through Lots 2, 3, 4 and 5, Block 4.
'
P. Drainage and conservation easements shall be
dedicated over all wetland areas within the subdivision, including
'
outlots, except for Outlots G and H which shall be replatted in the
'
future.Wetland mitigation measures as shown on grading plan dated
3/10/94, revised 4/19/94 shall be completed in conjunction with
site grading and restoration.
Q. Prior to the City signing the final plat, the '
applicant shall enter into a development contract with the City and
provide the necessary financial security to guarantee construction
of the public improvements.
R. The applicant must still provide the city with high '
water elevations for predeveloped runoff conditions for a 100 year
storm event and 24 hour duration. '
S. "No Parking" signs shall be posted around the
islands and outside curb line of the cul -de -sacs in order to keep
a lane open for turning movements. The City Council shall adopt a
resolution for "No Parking" zone in these areas.
T.
A 10 foot clear space must be maintained around fire
'
hydrants so as to
avoid injury to fire fighters and to be easily
recognizable,
i.e.
NSP transformers, street lighting, cable boxes,
landscaping.
'
U.
All
conditions of rezoning and wetland alteration
permit.
'
V.
The
final plat shall be revised as follows:
1.
Straighten drainage and utility easement line
on Lot 2, Block 1 to run parallel to the
'
wetland edge.
'
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2.
Extend the drainage and utility easement
g Y
,::...
through Lot 1, Block 2 to Outlot A.
'
3.
Convey a 10 -foot wide drainage and utility
easement along the westerly lot line of Outlot
H between Moccasin Trail and the wetland for
'
extension of the storm sewer.
4.
Provide a 25 -foot wide drainage and utility
easement the lift station on Outlot J.
around
5.
Remove "pond" notations from final plat.
6.
The final plat street names shall be changed
from Hillside Court to Hillsdale Court and
'
Southview Court to Southern Court.
W. The
final plat is contingent upon MnDOT's State Aid
Office approving
Construction plan
the street alignment for Longacres Drive.
approval shall be subject to the changes as a
result of final review and approval of the construction plans by
MnDOT's State Aid Office. Any changes resulting from the State Aid
'
review process may
be administratively approved by City staff.
X. The
applicant may commence with site grading in
accordance to the approved grading, drainage and erosion control
plan once the PUD /development contract is executed and the city
furnished with the necessary security escrow and applicable
administration fee. Utility and street construction may not
'
commence until the
final plat is recorded.
Y. The developer and /or property owners shall waive any
' and all procedural or substantive objections to the special
assessments including, but not limited to, hearing requirements and
any claims that the assessment exceeds the benefit to the property.
' Z. The developer should be given a refund or assessment
credit for the installation of the sewer and water service to
Outlot F when the property owner (7305 Hazeltine Boulevard)
connects to the individual sewer and water service.
AA. A native vegetative buffer strip 10 feet in width
' shall be maintained around natural wetlands. This will limit
grading to within 10 feet of the wetland. The applicant's grading
plan will have to be revised to reflect this requirement.
BB. Depending on the storm ponding calculations, if the
development is not meeting the City SWMP for water quantity, then
the applicant will be required to contribute into the City's SWMP
' program. The proposed rate per acre for single family is
$1,980 /acre excluding wetlands.
' CC. The developer shall provide a full -time on -site
inspector. The inspector will need to be state certified.
I SP -6
DD. The landscaped islands shall be maintained by the
homeowners association through the means of declaration of
covenants. '
EE. A driveway or cross access easement including
maintenance agreement shall be provided for Lots 1, 2, and 3, Block ,
1 and Outlot C.
FF. The developer shall supply the city with a warranty
deed for Outlot F in conjunction with final platting. '
GG. Longacres Drive, as well as Moccasin Trail, shall be
extended in the future. A condition shall be placed in the ,
development contract and chain of title indicating such.
10. General Conditions. The general conditions of this
Contract, approved by the City Council on April 11, 1994 are I
attached as Exhibit "B" and incorporated herein.
!J
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I ( SEAL)
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
1
I STATE OF MINNESOTA
AND:
Don Ashworth, City Manager
DEVELOPER:
LUNDGREN BROS. CONSTRUCTION, INC.
BY:
Its
( 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
1 Eagan, Minnesota 55121
(612) 452 -5000
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EXHIBIT "A" '
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
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CONSENT
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1
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 19 ,
NOTARY PUBLIC
7
L_''
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
' 1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -10
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
1
1
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 19 ,
NOTARY PUBLIC
7
L_''
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
' 1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -10
if
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT ,
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities, '
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City, '
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied '
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi- '
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases ,
are approved by the City.
3. Effect of Subdivision.Approval. For two (2) years from ,
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or '
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the '
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements '
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
'
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
'
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
,
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
'
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from the City Inspector (s): to. -:make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
' tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
' 5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
' Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
' agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
' 7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
' permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
' ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
' controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
' development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
I GC -2
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
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S. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
'
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and ownership of Improvements. Upon
'
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
'
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
'
accepts the improvements, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
,
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
'
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
'
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
'
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
,
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
'
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of '
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City '
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows, '
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Unless the lot already has one tree in the '
front yard of suitable species, the Developer or lot purchaser
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
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Hackberry :Hawthorn
Oak Hickory
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 (24) 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 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 funds for maintenance of erosion control or to satisfy any
other requirements of this Contract or of City ordinances. The
City has established the financial guarantee at $750.00 per lot;
however, this may be increased annually based upon cost. 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 acceptanOe.
14. Lot Plans. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control, and Tree Removal
Plan shall be submitted for each lot as required in the Special
Provisions, 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 City Ordinance.
GC -4
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan ,
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
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 (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 $1,000,000, two and
one -half percent (2k$) of construction costs
for the first $1,000,000 and one and one -half '
percent (1k$) 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.
GC -5 I
Id
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 17E 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.
1 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
1 within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
' City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
' the City to seek a Court order for permission to enter the land.
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.
I GC -6
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. Buildings 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.
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
GC -7
'
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.
1 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. Constructi H ours. 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 td 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
I GC -8
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
1 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. Constructi H ours. 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 td 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
I GC -8
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, catch basins, 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 when the warranty period for public improvements, as
provided for in this contract, ends.
P. Soil Treatment Systems If soil treatment systems
1
are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
Q. variances By approving the plat, the Developer
'
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
R. Compliance with Laws Ordinances, and Regulations
,
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
'
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed,District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
S. Proof of Title Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
'
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
T. Soil Conditions The Developer acknowledges that
'
the City makes no representations or warranties as to" the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
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.
'
GC -9 I
J 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.
1
1
1
I GC -10
dg ly tr r
J r
57 5-
I '"'
7
MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' DATE: May 9, 1994
TO: Don Ashworth, City Manager
' FROM: Tom Chaffee, Finance Coordinator
SUBJECT: 1993 Year -End Audit Fund,Closings and Transfers
In accordance with Minnesota statutes and City policy, I have
compiled the attached lists of proposed fund closing and cash
transfers necessary to complete the` audit process for 1993. We
have tried to maintain conformity with past years presentations
and yet combine entries, where.possib'le, for ease in
reading /understanding. 4 01
The fund closings must be approved by the City Council as
required by law. The transfers are included primarily for
informational purposes as they are generally transactions which
have been previously authorized by the Council as part of an
adopted report such as.the budget, debt study report and
various TID financial reports.
The complete detailed documentation of each transaction reflected
on the attached l st:,has been compiled and will naturally be
examined by,the City, auditors and adjusted where necessary, to
properly record'`thes'e items° °in �thi City" Ahhual; Financial Report
for 1993.
1 -
1 1993 OPERATING TRANSFERS
1993
Transfer From Transfer To
Reference
1 /
60,000.00
710 Sewer/Water Exp. 405
Lake Ann Park Shelter
1993 Budget
t 75,000.00
710 Sewer/Water Exp. 417
Lake Ann irrigation
1993 Budget
U 120,395.00
710 Sewer/W Exp. 725
Water Revenue Bonds
1993 Budget
180,000.00
400 Capital Project A& 458
City Hall Expansion
1993 Budget
1
L�
/ 21,000.00
211 Environmental Prot. 720
Surface Water Mgnt.
1993 Budget
1
395,000.00
101 General Fund 950
Vehicle /Equip. Maint
1993 Budget
27, 380,000.00
101 General Fund 458
City Hall Expansion
1993 Budget
1
50,000.00
*460 HRA 101
General Fund
1993 Budget
20,000.00
*468 McGlynn TID 101
General Fund
1993 Budget
1
5,000.00
*800
Historic Trust 101
General Fund
1993 Budget
1
*Administrative Charges
1993 FUND CLOSINGS
1
Approximate Balance Fund To Close
Proceeds /Deficit To
(3,694.95)
414 Herman Field Park
410 Park Acquisition
& Dev.
1
(74,201.60)
450 City Center Develop. 661 West 78th St.
Alignment
1,976.26
474 Market Square
661 West 78th St.
Alignment
1
(9,339.85)
625 Market Square Improv. 661 West 78th St.
Alignment
(919.34)
637 West 79th Street
661 West 78th St.
Alignment
1
(148.16)
643 Frontier Trail
400 Capital Proj.
Adnin.
1
(11,520.74)
646 Park Place, Phase
2 460 HRA
(14,703.49)
651 South Hwy. 101
665 Hwy 101 So. Realignment
1
(171.22)
653 Dell Road North
467 Economic Dev.
District
335,314.28
478 Target Project
661 West 78th St.
Alignment
1
(40,020.12)
614 TH 5 & Lone Cedar
415 MSA
1
(32,381.44)
621 TH 101 Turn Lanes
415 MSA
(22,930.15)
664 Entry Monunents
661 West 78th St.
Alignment
1
(11,006.21)
906 Lake Riley Hills
617 Lake Riley Trunk Water
1993 DEBT SERVICE TRANSFERS
FROM 460 HRA - $ (3,592,292.00)
FUND
TO: 317 1988 G.O. /TID Series 1
318 1988 Q.O. /TID Series 2
322 1989B TID Bonds
309 Adv. TID Ref. Bonds, 1983
327 1991 G.O. TID Bonds
311 Q.O. TID Bonds 1992
329 TID Bonds of 1993
330 TID #1 Bonds of 1993B
315 1987 G.O. TID Bonds
320 1988 G.O. Improvement Bonds
321 1989A O.O. Improvement Bonds
FROM 468 MC GLYNN TID - $266,000.00
AMOUNT
289,559.00
87,257.00
95,000.00
800,909.00
273,315.00
140,470.00
315,763.00
250,000.00
416,477.00
665,542.00
258,000.00
' TO: 319 1988 G.O. /TID Series 3 150,000.00
328 1991 TID Bonds 116,000.00
' INTEREST EARNINGS /EXPENSE RE- ALLOCATION
FROM 460 HRA - $ (147,059.37)
309 Adv TID Ref Bonds, 1983
311 G.O. TID Bonds 1992
315 1987 G.O. TID Bonds
317 1988 G.O. /TID Series 1
318 1988 G.O. /TID Series 2
320 1988 G.O. Improvement Bonds
321 1989A G.O. Improvement Bonds
322 1989B TID Bonds
327 1991 O.O. TID Bonds
328 1991 TID Bonds
329 TID Bonds of 1993
21,031.41
2,664.95
31,928.52
3,900.15
1,284.70
13,856.80
29,880.23
4,770.10
23,066.84
9,017.67
5,658.00