1b. Approve Development contract and Constructions Plans & Specs for Chanhassen Business Center 3rd AdditionCITY OF lb
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer
DATE: September 20, 1995
SUBJ: Approve Development Contract and Construction Plans and Specifications for Chanhassen
Business Center Third Addition - Project No. 95 -17
The attached development contract incorporates the Ctnditions of approval from the final platting and
construction plans and specifications review process tiaff has calculated the required financial security to
guarantee compliance with the terms of the development contract at $295,600.00 ' and the development
contract administration fees total $118,202.00 which includes 1/3 park fees and surface water management
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 finds them in general
conformance to the City standards. Construction plans and specifications are available for review in the
Engineering Department. It is therefore recommended that the, construction plans and specifications for
Chanhassen Business Center 3rd Addition dated August 21, 1995, revised September 7, 1995 prepared by
William Engelhardt & Associates and the development contract dated September 25, 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 $295,600.00 and pay An administration fee of $118,202.00.
Jms
Attachments: 1. Development contract <d
c: Dennis Dirlam, Audubon 92 Partnership
g: - ngVrojectskbc.?rd\dc.app
OFFICIAL ENGINEERNG COPY
Received --
Revision No.
Approved by City Engineer
Date a La 9
Approved by City Council
Date -�
CITY OF
CHANHASSEN
MEMORANDUM
Water Quantity Fees
The applicant has also pr
Staff has applied credits
ponding. Those credits a
TO: File - Project No. 95 -17
FROM: Diane Desotelle, Water Resources Coordinator
Dave Hempel, Assistant City Engineer
DATE: September 19, 1995
SUBJ: Chanhassen Business Center 3rd Addition
Breakdown of Surface Water Management Plan (SWMP) Fees
Water Quality Fees
The applicant has provided on -site water quality ponds in accordance to the SWMP in Chanhassen
Businesses Center 2nd Addition; therefore, these fees have been waived.
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
n on -site water quality pond which doubles as a water quantity pond.
applicant for the oversizing of storm sewers above 24 inches and
Pipe Size
Lineal Foot (L.F.)
'$/L.F. vs 24" Pipe
;Extension
30"
37
$40-$26
$ 518
36"
674
$6o-$26
$ 22,916
42"
297
$80-$26
$ 16,038
TOTAL
$39,472
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Project File No. 95 -17
September 19, 1995
Page 2
Ponding Credits - Given with 2nd Addition - none given for 3rd Addition.
Summary
Credits: Pipe - $39,472
Total: $39,472
SWMP Water Quantity Fees: 29.1 - 5.0 (pond) = 24.1 acres x $4,360 /acre = $105,076
Balance: $65,604
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CITY OF CHANHASSEN
CHANHASSEN BUSINESS CENTER - THIRD ADDITION
PROJECT NO. 95-17
BREAKDOWN OF ADMINISTRATION FEES - 9/19/95
Estimated Total Cost of Public Improvements ..........................
(Does not include landscaping costs or traffic signal)
- 3% of Public Improvement Costs (Under $500,000) ..............
- Street Lighting Charge (for electricity)
4 @ $ 200 .......................................... ...............................
$258,779.00
.......... ............................... $ 7,763.00
.......... ............................... $ 800.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) 325.00
- Recording Fees
a. Development Contract ... ...............................
b. Plat Filing ...................... ...............................
- 1/3 Park Fees (29.1 Acres x $4,500.00 per acre /3) .....
- Surface Water Management Fees (see attached) ........
............... $ 30.00
$ 30.00
................. ............................... $ 43,650.00
............ ..............................$ 65,604.00
TOTAL ADMINISTRATION FEES .............................................. ............................... $118.202A0
c: Todd Hoffman, Park & Recreation Director
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
C BUSINESS CENTER
THIRD ADDITION
PUD AGREEMENT /DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
'
PAGE
SPECIAL PROVISIONS
'
'
1.
2.
3.
4.
5.
6 .
7.
8.
9.
REQUEST FOR PLAT APPROVAL ..............................
CONDITIONS OF PLAT APPROVAL
DEVELOPMENT PLANS ........... ...........................SP
IMPROVEMENTS ................ ...........................SP
TIME OF PERFORMANCE
SECURITY .................... ...........................SP
NOTICES ...................
OTHER SPECIAL CONDITIONS ... ..........................
GENERAL CONDITIONS .......... ...........................S
SP-1
.SP -1
-1
-2
.SP -2
-2
-3
.SP -3
-9
'
GENERAL CONDITIONS
'
'
1.
2.
3.
4.
5.
6 .
7.
7A.
RIGHT TO PROCEED ............ ...........................GC
PHASE DEVELOPMENT ........... ...........................GC
EFFECT OF SUBDIVISION APPROVAL .........................GC
IMPROVEMENTS ...................... ...................GC
IRON MONUMENTS .............. ......................GC
LICENSE ........... ...............................
SITE EROSION CONTROL .................GC
EROSION CONTROL DURING CONSTRUCTION OF A
BUILDING.................... ...........................
-1
-1
-1
-1
-2
..... .GC -2
-2
DWELLING OR OTHER
-3
-3
'
'
'
r
8 .
9.
10.
11.
12.
13.
14.
15.
16.
17 .
18.
19.
20.
CLEAN UP .................... ...........................
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS
CLAIMS ...............
PARK AND TRAIL DEDICATION ... ...........................GC
LANDSCAPING .................. ...........................GC
WARRANTY
LOT PLANS ................... ...........................
EXISTING ASSESSMENTS ...................................
STREET LIGHTING
SIGNAGE ..................... ...........................GC
HOUSE PADS .................. ...........................
RESPONSIBILITY FOR COSTS .... ...........................GC
DEVELOPER'S DEFAULT ......... ...........................
.............GC -3
. . .GC -3
-4
-4
.GC -5
-5
GC-5
.GC -5
-5
-6
-6
-7
'
'
'
21.
MISCELLANEOUS
A. Construction Trailers
B. Postal Service ......... ...........................
C. Third Parties .......... ...........................
D. Breach of Contract ..... ................::::::::::.GC
E. Severability ...........................
F. Building Permits ....... ...........................GC
G. Waivers /Amendments ..... ...........................GC
H. Release ..............
GC -7
-8
-8
-8
.GC -8
-8
-8
.GC -8
-8
'
I. Insurance .............. ...........................GC
J. Remedies ............... ...........................GC
-9
i
K. Assignability .......... ...........................GC -9
L. Construction Hours ..... ...........................GC -9
M. Access ................. ...........................GC -9 '
N. Street Maintenance ..... ...........................GC -9
O. Storm Sewer Maintenance ..........................GC -10
P. Soil Treatment Systems . ..........................GC -10
Q. Variances .............. ..........................GC -10 '
R. Compliance with Laws, Ordinances, and Regulations GC -10
S. Proof of Title ......... ..........................GC -10
T. Soil Conditions ........ ..........................GC -11 '
U. Soil Correction ........ ..........................GC -11
ii I
CITY O F CHANHASSEN
' PUD AGREEMENT /DEVELOPMENT CONTRACT
(Developer Installed Improvements)
C BUSINESS CENTER THIRD ADDITION
SPECIA PROVISIONS
AGREEMENT dated September 25, 1995, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and
AUDUBON 92 PARTNERSHIP, A MINNESOTA GENERAL PARTNERSHIP (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for CHANHASSEN BUSINESS CENTER THIRD
ADDITION (referred to in this Contract as the "plat "). The land
is legally described on the attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
' attached to this Contract. With the exception of Plan A, the
plans may be prepared, subject to City approval, after entering
the Contract, but before commencement of any work in the plat. if
the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A Final plat prepared by Demars- Gabriel Land Surveyors
' and approved by the Chanhassen City Council on
September 25, 1995.
' Plan B Grading, Drainage and Erosion Control Plan dated
March 7, 1995, revised August 16, 1995, prepared by
William Engelhardt & Associates.
' Plan C Plans and Specifications for Improvements dated
August 21, 1995, revised September 7, 1995, prepared
by William Engelhardt & Associates.
Plan D Landscape Plan dated April 4, 1995, prepared by R. P.
' Smith Land Planning Consultants, Inc.
Revised 3/22/94
SP -1
4. Improvements. The Developer shall install and pay for ,
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Trails /Sidewalk
M. Landscaping
N. Prorated share of traffic signals at TH5 and 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
$295,600. The amount of the security was calculated as 110% of
the following:
Sanitary sewer ... ..............................$ 12,000.00
Watermain .......... ..........................$ 15,400.00
Storm Sewer, Drainage System,
including cleaning and maintenance .............$ 73,500.00
Streets, Sidewalk, and Trail ...................$ 119,300.00
Street lights and signs ........................$ 13,079.00
Erosion control .. ..............................$ 6,500.00
Engineering, surveying, and inspection .........$ 19,000.00
Landscaping ..... ............................... $ 7,425.00
SP -2
Prorated share of traffic signals at
Trunk Highway 5 and Audubon Road ............... $ 2,500.00
TOTAL COST OF PUBLIC IMPROVEMENTS .............. $ 268,704.00
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, 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 10% of the original amount until all
improvements are complete and accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Audubon 92 Partnership
15241 Creekside Court
Eden Prairie, MN 55346
Phone: (612) 937 -1602
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
1. All areas disturbed during site development shall be
immediately restored with seed and disc mulch, sod, or wood
fiber blanket within 2 weeks of site grading. Unless the
city's Best Management Practices Handbook planting date
dictates otherwise. All areas disturbed with slopes of 3:1
or greater shall be restored with sod or seed and wood fiber
blanket. In any case, all disturbed areas must be restored
before November 15, 1995.
2. The developer shall construct the utility and street
improvements in accordance with the latest edition of the
city's Standards and Specifications and prepare final plans
SP -3
and specifications for city review and formal approval by
the City Council in conjunction with the final plat approval
process.
3. The developer shall obtain all the necessary permits from
the watershed district, DNR, Army Corps of Engineers, MWCC,
MN Dept. of Health, and comply with all conditions of the
permits.
4. The installation of traffic signals at the intersection of
Trunk Highway 5 and Audubon Road is expected in the next few
years. The developer 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 developer's
share of this traffic signal for the entire development
(Phases I and II) will be required.
5. Park fees shall be paid consistent with city ordinance.
Trail fees shall be credited in consideration of future
trail construction. Surety /letter of credit for the future
trail shall be placed as a condition in the development
contract for the Third Addition.
6. A building permit for Lot 1, Block 1 may be issued once the ,
final plat has been recorded. No other building permits
will 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.
7. The drainage and utility easement on lot 1, Block 1, must be '
vacated prior to building permit issuance.
8. A berm, six to eight feet high, and landscaping shall be '
incorporated into the plans on the south side of lots 3 and
4, Block 1, to-provide screening between Bluff Creek Estates '
and Chanhassen Business Center Third Addition
9. DEVELOPMENT STANDARDS
The development standards will remain the same as previously
approved with the PUD. ,
a. Intent
The purpose of this zone is to create a PUD light '
industrial /office park. The use of the PUD zone is to allow for
more flexible design standards while creating a higher quality
SP -4 I
and more sensitive proposal. All utilities are required to be
placed underground. Each lot proposed for development shall
proceed through site plan review based on the development
standards outlined below.
' b. Permitted Uses
The permitted uses in this zone should be limited to light
' industrial, warehousing, and office as defined below. The uses
shall be limited to those as defined herein. If there is a
question as to the whether or not a use meets the definition, the
City Council shall make that interpretation.
1. Light Industrial The manufacturing, compounding, processing,
assembling, packaging, or testing of goods or equipment or
' research activities entirely within an enclosed structure,
with no outside storage. There shall be negligible impact
upon the surrounding environment by noise, vibration, smoke,
' dust or pollutants.
2. Warehousing Means the commercial storage of merchandise and
' personal property.
3. Office Professional and business office, non - retail
' activity.
C. Setbacks
In the PUD standards, there is the requirement for landscape
buffering in addition to building and parking setbacks. The
landscape buffer on Audubon Road is 50 feet, south of Lake Drive
and 100 feet along the southern property line. The PUD zone
requires a building to be setback 50 feet from the required
landscape buffer and public right -of -ways. There is no minimum
requirement for setbacks on interior lot lines.
The following setbacks shall apply:
iz,,; i rl; nn Parkina
Audubon Road Buffer & Setback
50' plus 50'
50' plus 10'
South Property Line & Setback
100" plus 50'
100' plus 10'
Front & Rear ROW on Lake Drive
25'
15'
Interior Side Lot Line
10'
10'
Railroad Right of Way
30'
30'
Audubon Road north of Lake Drive
50'
20'
d. Development Standards Tabulation Box
SP -5
Chanhassen Business Center Third Addition (Outlot A)
Lot #
Lot Size -
Acres
Building
Sq. Ft.
Building
Coverage
Impervious
1
12.1
66,000
12.5%
32.5%
2
6.14
69,000
26%
67%
3
5.47
75,000
31%
79%
4
5.39
75,000
31%
78%
Road
2.82
Subtotal
31.90
283,000
avg. 22.6
avg. 58.5
The PUD standard for hard surface coverage is 70% for office and
industrial uses. The proposed development meets this standard
with an average of 58.5% hard surface coverage.
Building Square Footage Breakdown
Office
20%
120,700
sq.
ft.
Manufacturing
25%
150,875
sq. ft.
Warehouse
54.09%
326,425
sq.
ft.
Church
0.91%
5,500
sq.
ft.
Total
100%
603,500
sq.
ft.
e. Building Materials and Design
1. The PUD requires that the development demonstrate a higher
quality of architectural standards and site design. All
mechanical equipment shall be screened with material
compatible to the building.
2. All materials shall be of high quality and durable. Masonry
material shall be used. Color shall be introduced through
colored block or panels and not painted block.
3. Brick may be used and must be approved to assure uniformity.
4. Block shall have a weathered face or be polished, fluted, or
broken face.
5. Concrete may be poured in place, tilt -up or pre -cast, and
shall be finished in stone, textured or coated.
SP -6
i
6. Metal siding will not be approved except as support material
to one of the above materials or curtain wall on office
components or, as trim or as HVAC screen.
7. All accessory structures shall be designed to be compatible
with the primary structure.
8. All roof mounted equipment shall be screened by walls of
compatible appearing material. Wood screen fences are
prohibited. All exterior process machinery, tanks, etc., are
to be fully screened by compatible materials.
9. The use of large unadorned, prestressed concrete panels and
concrete block shall be prohibited. Acceptable materials
' will incorporate textured surfaces, exposed aggregate and /or
other patterning. All walls shall be given added
architectural interest through building design or
' appropriate landscaping.
10. Space for recycling shall be provided in the interior of all
principal structures for all developments in the Business
Center.
' f. Site Landscaping and Screening
1. All buffer landscaping, including boulevard landscaping,
i included in Phase I area to be installed when the grading of
the phase is completed. This may well result in landscaping
being required ahead of individual site plan approvals but
' we believe the buffer yard and plantings, in particular,
need to be established immediately. In addition, to adhere
to the higher quality of development as spelled out in the
PUD zone, all loading areas shall be screened. Each lot for
development shall submit a separate landscaping plan as a
part of the site plan review process.
2. All open spaces and non - parking lot surfaces shall be
landscaped, rockscaped, or covered with plantings and /or
lawn material.
3. Storage of material outdoors is prohibited unless it has
been approved under site plan review. All approved outdoor
i storage must be screened with masonry fences and /or
landscaping.
' 4. The master landscape plan for the CBC PUD shall be the
design guide for all of the specific site landscape
developments. Each lot must present a landscape plan for
' approval with the site plan review process.
I SP -7
5. Undulating or angular berms 3' to 4' in height, south of Lake
Drive along Audubon Road shall be sodded or seeded at the
conclusion of Phase I grading and utility construction. The
required buffer landscaping may be installed incrementally,
but it shall be required where it is deemed necessary to
screen any proposed development. All required boulevard
landscaping shall be sodded.
6. Loading areas shall be screened from public right -of -ways.
Wing wall may be required where deemed appropriate.
g. Signage
1. All freestanding signs be limited to monument signs. The
sign shall not exceed eighty (80) square feet in sign
display area nor be greater than eight (8) feet in height.
The sign treatment is an element of the architecture and
thus should reflect with the quality of the development.
The signs should be consistent in color, size, and material
throughout the development. The applicant should submit a
sign package for staff review.
2. Each property shall be allowed one monument sign located near
the driveway into the private site. All signs require a
separate permit.
3. The signage will have consistency throughout the development.
A common theme will be introduced at the development's
entrance monument and will be used throughout.
4. Consistency in signage shall relate to color, size, '
materials, and heights.
h. Lighting '
1. Lighting for the interior of the business center should be
consistent throughout the development. The applicant's '
proposal is consistent with the lighting standards for the
PUD ordinance. The plans do not provide for street lighting.
As with previous industrial parks /roadways, the City has
required the developer to install street lights throughout
the street system. The street lights should be designed
consistent with the existing lighting along Audubon Road. '
2. A decorative, shoe box fixture (high pressure sodium vapor
lamps) with a square ornamental pole shall be used throughout '
the development area for area lighting.
SP -8 1
3. Lighting equipment similar to what is mounted in the public
street right -of -ways shall be used in the private areas.
4. All light fixtures shall be shielded. Light level for site
lighting shall be no more than 1/2 candle at the property
line. This does not apply to street lighting.
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 -9
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
AUDUBON 92 PARTNERSHIP
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
k 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 -10
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot A, Chanhassen Business Center Second Addition
SP -11
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 -12
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 1 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 -13
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
GC -1
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
i respond to questions from the City Inspector(s) and to make
periodic site visits to satisfy that the construction is being
performed to an acceptable level of quality in accordance with the
engineer's design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City
Council chambers with all parties concerned, including the City
staff, to review the program for the construction work. Within
sixty (60) days after the completion of the improvements and
before the security is released, the Developer shall supply the
' City with the following: (1) a complete set of reproducible Mylar
as -built plans, (2) two complete sets of blue line as -built plans,
(3) two complete sets of utility tie sheets, (4) location of
buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed
in 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
1 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
1 GC -2
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.
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
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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
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 /z) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the
boulevard (area between curb and property line) . In addition to
any sod required as a part of the erosion control plan, Plan B,
the Developer or lot purchaser shall sod the boulevard area and
all drainage ways on each lot utilizing a minimum of four (4)
inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in
place at the time a certificate of occupancy is requested, a
' financial guarantee of $750.00 in the form of cash or letter of
credit shall be provided to the City. These conditions must then
be complied with within two (2) months after the certificate of
occupancy issued, except that if the certificate of occupancy is
issued between October 1 through May 1 these conditions must be
complied with by the following July 1st. Upon expiration of the
time period, inspections will be conducted by City staff to verify
I GC -4
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
review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with
City standards.
16. Street Lighting. The Developer shall have installed
and pay for street lights in accordance with City standards. A
plan shall be submitted for the City Engineer's approval prior to
the installation. Before the City signs the final plat, the
Developer shall pay the City a fee of $200.00 for each street
light installed in the plat. The fee shall be used by the City
for furnishing electricity for each light for twenty (20) months.
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public '
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
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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 (2 of
construction costs for the first
$1,000,000 and one and one -half percent
(1 /z$) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements
is defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the
Developer shall reimburse the City for all out -of- pocket costs
incurred by the City for providing resident construction
inspections. This cost will be periodically billed directly to
the Developer based on the actual progress of the construction.
Payment shall be due in accordance with Article 19E of this
Agreement.
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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.
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
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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
covering personal injury, including death, and claims for property
I GC -8
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
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' 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
i 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.
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T. Soil Conditions The Developer acknowledges that
the City makes no representations or warranties as to the
condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which
the Developer may make use of such property. The Developer
further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from
any claims or actions arising out of the presence, if any, of
hazardous wastes or pollutants on the property, unless hazardous
wastes or pollutants were caused to be there by the City.
U. Soil Correction The Developer shall be
responsible for soil correction work on the property. The City
makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable
soil conditions which may exist. On lots which have no fill
material a soils report from a qualified soils engineer is not
required unless the City's building inspection department
determines from observation that there may be a soils problem. On
lots with fill material that have been mass graded as part of a
multi -lot grading project, a satisfactory soils report from a
qualified soils engineer shall be provided before the City issues
a building permit for the lot. On lots with fill material that
have been custom graded, a satisfactory soils report from a
qualified soils engineer shall be provided before the City
inspects the foundation for a building on the lot.
GC -11