1b. Approve Development Contract and Construction Plans and Specs for McGlynn Park 2nd AdditionCITY OF �
�8AN8ASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Acft d M Administrator
TO:
FROM:
DATE:
SUBJ:
Charles Folch, Director of Public Works /City Engineer
Dave Hempel, Assistant City Engineer ro
September 6, 1995
Approve Development Contract and Construction Plans and Specifications for
McGlynn Park 2nd Addition - Project No. 95 -16
Endamee
D*
Belo Submitted to Commksiwt
Data Submitted to Council
The attached development contract incorporates the conditions of approval from the final plat 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 $267,300.00 and
the development contract administration fees total $8,124.00. The final plat for this development
was approved in August 28, 1995.
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 finds
them in general conformance to City standards. The construction plans and specifications are
available for review in the Engineering Department. It is therefore recommended that the
construction plans and specifications for McGlynn Park 2nd Addition dated August 21, 1995,
revised September 11, 1995 prepared by William Engelhardt & Associates and the development
contract dated September 11, 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 $267,300.00 and pay an administration fee of
$8,124.00.
ems
' Attachments: 1. Development contract dated September 11, 1995.
c: Mr. Daniel McGlynn OFFICIAL ENGINEERING COPY
' Received -,
g:\eng \dave \cc \mcglpark. Revision No. -
' Approved by City Engittm
Date C— l)F 1 "'11 3 , " 19 5
1 Approved by City Cound
Date
MEMORANDUM
CITY OF CHANHASSEN
MCGLYNN PARK 2ND ADDITION
PROJECT NO. 95 -16
BREAKDOWN OF ADMINISTRATION FEES
Estimated Total Cost of Public Improvements ......................... $242,975.00
(less reforestation costs)
- 3% of Public Improvement Costs (Under $500,000) .................... $ 7,289.00
- Street Lighting Charge (for electricity)
2 @ $ 200 ............... ............................... $ 400.00
- Final Plat Process (Attorney Fee for Review and Recording of
Final Plat and Development Contract) .......................... $ 350.00
- Recording Fees
a. Development Contract .... ............................... $ 25.00
b. Temporary Street Easement ............................... $ 30.00
c. Final Plat ............. ............................... $ 30.00
TOTAL ADMINISTRATION FEES . ............................... $ 8.124.00
g: \eng \dc \m cglpk2. fee
' CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
McGLYNN PARK 2ND ADDITION
'
DEVELOPMENT CON TRACT
(Developer er Installed Improvements)
(De p
1
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE I
1.
REQUEST FOR PLAT APPROVAL . . . . . . . .
. . . . . . SP -1
2.
CONDITIONS OF PLAT APPROVAL . . . . . . .
. . . . . . SP -1
3.
DEVELOPMENT PLANS . . . . . . . . . . . .
. . . . . . SP -1
4.
IMPROVEMENTS . . . . . . . . . . . . . . .
. . . . . . SP -2
5.
TIME OF PERFORMANCE . . . . . . . . . . .
. . . . . . SP -2
6.
SECURITY . . . . . . . . . . . . . . . . .
. . . . . . SP -2
7.
NOTICES . . . . . . . . . . . . . . . . .
. . . . . . SP -3
8.
OTHER SPECIAL CONDITIONS . . . . . . . . .
. . . . . . SP -3
9.
GENERAL CONDITIONS . . . . . . . . . . . .
. . . . . . SP -6
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . .
. . . . . . . GC -1
2.
PHASE DEVELOPMENT . . . . . . . . . . .
. . . . . . . GC -1
3.
EFFECT OF SUBDIVISION APPROVAL . . . . .
. . . . . . . GC -1
4.
IMPROVEMENTS . . . . . . . . . . . . . .
. . . . . . . GC -1
5.
IRON MONUMENTS . . . . . . . . . . . . .
. . . . . . . GC -2
6.
LICENSE . . . . . . . . . . . . . . . .
. . . . . . . GC -2
7.
SITE EROSION CONTROL . . . . . . . . . .
. . . . . . . GC -2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A
DWELLING OR OTHER
BUILDING . . . . . . . . . . . . . . . .
. . . . . . . GC -3
8.
CLEAN UP . . . . . . . . . . . . . . . .
. . . . . . . GC -3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS
. . . . . . . GC -3
10.
CLAIMS . . . . . . . . . . . . . . . . .
. . . . . . . GC -3
11.
PARK AND TRAIL DEDICATION . . . . . . .
. . . . . . . GC -3
12.
LANDSCAPING . . . . . . . . . . . . . .
. . . . . . . GC -3
13.
WARRANTY . . . . . . . . . . . . . . . .
. . . . . . . GC-4
14.
LOT PLANS . . . . . . . . . . . . .
. . . . . . . GC -4
15.
EXISTING ASSESSMENTS . . . . . . . . . .
. . . . . . . GC -5
16.
STREET LIGHTING . . . . . . . . . . . .
. . . . . . . GC -5
17.
SIGNAGE . . . . . . . . . . . . . . . .
. . . . . . . GC -5
18.
HOUSE PADS . . . . . . . . . . . . . . .
. . . . . . . GC -5
19.
RESPONSIBILITY FOR COSTS . . . . . . . .
. . . . . . . GC -5
20.
DEVELOPER'S DEFAULT . . . . . . . . . .
. . . . . . . GC-6
21.
MISCELLANEOUS
A. Construction Trailers . . . . . . .
. . . . . . . GC -7
B. Postal Service . . . . . . . . . .
. . . . . . . GC -7
C. Third Parties . . . . . . . . . . .
. . . . . . . GC -7
D. Breach of Contract . . . . . . . .
. . . . . . . GC -7
E. Severability . . . . . . . . . . .
. . . . . . . GC -7
F. Building Permits . . . . . . . . .
. . . . . . . GC -7
G. Waivers /Amendments . . . . . . . .
. . . . . . . GC -7
H . Release . . . . . . . . . . . . . .
. . . . . . . GC -7
I. Insurance . . . . . . . . . . . . .
. . . . . . . GC -7
J. Remedies . . . . . . . . . . . . .
. . . . . . . GC -8
K. Assignability . . . . . . . . . . .
. . . . . . . GC -8
L. Construction Hours . . . . . . . .
. . . . . . . GC -8
M. Access . . . . . . . . . . . . . .
. . . . . . . GC -8
N. Street Maintenance . . . . . . . .
. . . . . . . GC -8
i
■
'
GC -9
0.
Storm Sewer Maintenance . . . . .
. . . . . . . .
GC -9
P.
Soil Treatment Systems . . . . .
. . . . . . . .
. . GC -9
Q.
R.
Variances
Compliance with Laws, Ordinances,
. . .
and Regulations GC -9
S.
Proof of Title . . • • • • • ' •
' ' ' . . GC -9
T.
Soil Conditions
GC -10
'
U.
Soil Correction
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
McGLYNN PARK 2ND ADDITION
SPECIAL PROVISIONS
AGREEMENT dated September 11, 1995, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
SHAMROCK PROPERTY PARTNERS, LLP, a Minnesota limited liability (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for McGLYNN PARK 2ND 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: Plat prepared by Schoell & Madson, Inc. and approved by
the Chanhassen City Council on August 28, 1995.
Plan B: Grading, Drainage and Erosion Control Plan dated August
21, 1995, revised September 11, 1995, prepared by William
R. Engelhardt & Associates.
Plan C: Plans and Specifications for Improvements dated August
21, 1995, revised September 11, 1995, prepared by William
R. Engelhardt & Associates.
Plan D: Landscape Plans prepared by William R. Engelhardt &
Associates dated August 21, 195 and Schoell & Madson,
Inc. dated August 18, 1995.
Pevised 3 /22/94
SP -1
4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
M. Pro -rated share of traffic signals at TH 5 & Audubon
Road
' 5. Time of Performance. The Developer shall install all
required improvements by November 15, 1997. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
' 6. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
' credit from a bank, cash escrow, or equivalent ( "security ") for
$ 267,300 . The amount of the security was calculated as 1100 of
' the following:
Site grading and restoration . $ 5,000
' Sanitary sewer . . . . . . . . . . . . . $ 25,000
Watermain . . . . . . . . . . . . . . . . $ 33,000
Storm Sewer, Drainage System,
including cleaning and maintenance . . . $ 29,900
Streets . . . . . . . . . . . . . . . . . $ 108,300
Street lights and signs . . . . . . . . . $ 6,775
Erosion control . . . . . . . . . . . . . $ 2,000
Engineering, surveying, and inspection . $ 26,000
Landscaping . . . . . . . . . . . . . . . $ 7,000
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 242.975
SP -2
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1997. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 100 of
the original amount until all improvements are complete and
accepted by the City.
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:
Shamrock Property Partners, LLP
c/o Daniel McGlynn
7350 NE Commerce Lane
Fridley, MN 55432
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
A. The developer shall obtain the necessary permits
from the Watershed District, MPCA and MN Dept. of Health.
B. Site plan approval from the City, as outlined int he
City Zoning Code, will need to be obtained for each lot as
development is proposed.
C. Hauling material off the site, if necessary, shall
be coordinated with City staff to designate haul routes.
D. The developer shall incorporate street lights into
the street construction plans. The street lights shall be
installat at 150 to 200 -foot intervals. The street lights shall be
designed consistent with existing lighting on Audubon Road. A 250 -
watt contemporary low - profile rectilinear - rectangular style
lighting fixture with pressure lamps mounted on a 25 -foot high
corten steel pole. Location of the lights will be determined by
the City.
E. The installation of traffic signals at the
intersection of Trunk Highway 5 and Audubon Road is expected to be
necessary in the next few years. The developer shall be
responsible for a share of the local cost participation of this
SP -3
signal on a percentage basis based upon traffic generation from
full development of this site in relation to the total traffic
volume on Audubon Road. Security to guarantee payment of the
developer's share of the traffic signal will be reuiqred with Phase
I construction.
F. The developer shall provide the City with a
temporarty street easement for the cul -de -sac which falls outside
of the platted right -of -way. The temporary easement shall remain
in effect until the street is extended in the future.
G. The materials used to screen the trash enclosure
shall be the same type of brick used on the building.
H. The applicant must obtain a sign permit prior to
erecting any signage on site. Provide a detailed sign plan for
review and approval. The signage shall comply with the
architecture of the building. Brick shall be used on the base of
the ground low profile sign.
I. The applicant shall provide a meandering berm with
landscaping along the north, west, and south perimeter of the site.
The height of the berm shall be between 3 to 4 feet. Five more
trees shall be planted along the west portion of the site and 6
trees along the southern edge from the city's approved primary or
secondary deciduous. A mixture of deciduous as well as coniferous
trees shall be planted along the east perimeter of the site. The
applicant shall also provide staff with a detailed cost estimate of
landscaping to be used in calculating the required financial
guarantees. These guarantees must be posted prior to filing the
plat.
J. The applicant shall enter into a development
contract with the city and provide the necessary financial
securities as required for landscaping.
' K. Fire Marshal conditions (Refer to attachment #2 for
detailed policies):
1. Comply with Chanhassen Fire Department Policy #04 -1991 -
' "Notes on Site Plan," copy enclosed.
2. Comply with Chanhassen Fire Department Policy #07 -1991
' "Pre Fire Plan Policy," copy enclosed.
3. Comply with Chanhassen Fire Department Policy #29 -1992
"Premises Identification," copy enclosed.
4. Comply with Chanhassen Fire Department Policy #36 -1994
"Combination Domestic /Fire Sprinkler Supply Line," copy
enclosed.
5. Comply with Chanhassen Fire Department Policy #40 -1994
"Fire Sprinkler System," copy enclosed.
SP -4
6. Install and Indicate on plan a post indicator value
(P.I.V.) on 6" water service. Location must be approved
by the Fire Marshal.
7. Install 2 "No Parking Fire Lane" signs at entrance to
parking lot. Contact Fire Marshal for exact location.
8. Building and attic space must be fire sprinklered per
NFPA 13 -1991 Edition.
9. Water main may not pass under the building.
L. The applicant shall provide details on material
colors used on the building for review and approval.
M. Concurrent with the building permit, a detailed
lighting plan meeting city standards shall be submitted.
N. Building Official's conditions:
1. Provide recycling space as required by Minnesota State
Building Code 1300.4700. Demonstration of compliance may
be provided on construction documents.
2. Dispose of existing foundation at an approved landfill.
Any roof top equipment should be screened from views.
0. No berming or landscaping will be allowed within any
street right -of -way.
P. Existing wells and /or septic systems on site will
have to be properly abandoned.
Q. Another curb cut for driveway access should be
incorporated into the site plan to improve traffic circulation.
R. The installation of traffic signals at the
intersection of Trunk Highway 5 and Audubon Road is expected in the
next few years. The applicant shall be responsible or share the
local cost participation of this signal on a percentage basis based
upon traffic generation from full development of this site in
relation to the total traffic volume of Audubon Road. Security to
guarantee payment for the applicant's share of this traffic signal
for the entire development will be required.
S. Park and trail dedication fees to be collected per
city ordinance.
T. The applicant shall enter into a development
contract with the City and provide the necessary financial security
to guarantee compliance with the terms of the development contract.
U. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc - mulched
or wood -fiber blanket or sod within two weeks of completion of each
SP -5
activity in accordance with the City's Best Management Practice
Handbook. All catch basins shall be protected with silt fence or
hay bales until the parking lot is paved.
V. The applicant shall construct McGlynn Road and
install public utilities along McGlynn Road to the west property
line of the site. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates. Detailed street and
utility plans and specifications shall be submitted for staff
review and City Council approval.
W. The applicant shall provide detailed predeveloped
and post- developed stormwater calculations for a 10 -year and 100 -
year storm event, 24 -hour duration. Individual storm sewer
calculations between each catch basin segment will also be required
to determine if sufficient catch basins are being utilized.
X. The
documentation by a
are no wetlands on
applicant shall provide to the city written
qualified wetland delineator stating that there
the site.
Y. The proposed industrial development of 1.15
developable acres is responsible for a water quantity connection
charge of $5,014 less any previous storm sewer assessment paid for
the Audubon Road improvements. The water quality connection charge
' shall be waived. The water quantity fee is payable to the City
prior to the City filing the final plat.
Z. The applicant shall report to the City Engineer the
' location of any drain tiles found during construction and shall re-
locate or abandon the drain tile as directed by the City Engineer.
' AA. Compliance with conditions of site plan and plat
approval.
' BB. Obtain all applicable state, county, and city
licenses.
9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
attached as Exhibit "B" and incorporated herein.
SP -6
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: SHAMROCK PROPERTY PARTNERS, LLP
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -7
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
I Outlot B, McGlynn Park
SP -8
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19 ,
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -9
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of , 19
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -10
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
GC -1
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License.
agents, employees,
plat to perform all
City in conjunction
The Developer hereby grants the City, its
officers and contractors a license to enter the
work and inspections deemed appropriate by the
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
r 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
7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code § 20 -94.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of ,
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to '
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
of the claim(s) and deposit the funds in compliance with the Rule, '
and upon such deposit, the Developer shall release, 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
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shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Birch
Linden Ginkgo
Locust Kentucky Coffee Tree
' Hackberry Hawthorn
Oak Hickory
Ash
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
' bark, are prohibited. The minimum tree size shall be two and
one -half (2 inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee of
' $750.00 in the form of cash or letter of credit shall be provided
to the City. These conditions must then be complied with within two
(2) months after the certificate of occupancy issued, except that
I 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
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
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review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street name,
monumentation required by the City
improvements shall be furnished and i
sole expense of the Developer.
18. House Pads. The Developer
City "as- built" plans indicating the
fill on any house pad location.
traffic signs, and wetland
as a part of the public
nstalled by the City at the
shall promptly furnish the
amount, type and limits of
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
ii) if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3 %) of construction '
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
iii) if the cost of the construction of public '
improvements is over $1,000,000, two and
one - half percent (2 of construction costs
for the first $1,000,000 and one and one -half '
percent (1 of construction costs over
$1,000,000.
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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
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.
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When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
A. Construction Trailers. Placement of on -site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre- construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service. The Developer shall provide for the
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties. Third parties shall have no recourse
against the City under this Contract.
D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be
issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface
and the site graded and revegetated in accordance with Plan B of
the development plans.
G. Waivers /Amendments. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and maintain
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
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' covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies. Each right, power or remedy herein
' conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
' any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire
' plat, or any part of it.
L. Construction Hours. The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 p.m. on
weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. Under emergency conditions, this limitation
may be waived by the consent of the City Engineer.
' Any approved work performed after dark shall be adequately
illuminated.
M. Access. All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
' occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
' streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
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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.
O. Storm Sewer Maintenance. The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off -site storm sewer system that receives
storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations
under this paragraph shall end two (2) years after the public
improvements in the plat have been accepted by the City. .
P. Soil Treatment Systems. If soil treatment systems
are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
Q. Variances. By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
R. Compliance with Laws, Ordinances, and Regulations.
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
S. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
T. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the 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
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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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