1b-2. Oak Ponds 2nd Addition - Approve PUD/Development Contract and Construction Plans and Specifications1
CITY OF
CHANHASSEN
16 -a
690 COULTER DRIVE • P.O. BOX 1470 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Aftff 61► W AdministloW
MEMORANDUM
' TO: Charles Folch, City Engineer
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tr,R, ✓ ?�wp
Mod ified
Date Submitted to Commission
FROM: Dave Hempel, Assistant City Engineer bate Submitted to Council
S- a3 -94/
DATE: May 19, 1994
SUBJ: Approve PUD/Development Contract and Construction Plans and Specifications for Oak Ponds 2nd
Addition - Project No. 94 -12
The attached PUD/Development Contract incorporates the conditions of approval from the final platting and
construction plans and specifications review process. Staffhas calculated the required financial security to guarantee
compliance with the terms of the PUD/Development Contract.at $336,150 and the PUD/Development Contract
administration fees total $28,479 which includes 1/3 of the required Park and Trail fees.
The applicant has also submitted detailed construction plans and'specifications for staff review and City Council
approval. Staff has reviewed the construction plans and specifications and find the specifications are in general
conformance to the City standards; however, the construction plans still need some minor modifications. Staff
requests that the City Council grant staff the flexibility to administratively approve the plans after working with the
applicant's engineer in modifying the plans accordingly to meet City standards. It is therefore recommended that
the construction plans and specifications for Oak Ponds 2nd Addition ±dated April 8, 1994, revised May 23, 1994
prepared by Meadowood Engineering, Inc, and the PUD/Development Contract dated May 23, 1994 be approved
conditioned upon the following:
1. The applicant enter into the PUD/Development Contract and supply the City with a cash escrow or letter
of credit in the amount of $336,,150 and pay an administration fee of 528,479.
2. The
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Attachments: 1.
r 2.
' c: Dean Johnson, Dean R. Johnson Construction
g:lm4ld.ve\- \o&pon&2nd
CITY OF CHANHASSEN
OAK PONDS 2ND ADDITION
PROJECT NO. 94 -12
BREAKDOWN OF ADMINISTRATION FEES - 5/18/94
Estimated Total Cost of Public Improvements ......................... $305,590.00
3% of Public Improvement Costs (Under $500,000) ................... $ 9,167.70
- Street Lighting Charge (for electricty)
5 @ $ 200 .............. ............................... $ 1,000.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) . ............................... $ 200.00
- Recording Fees
a. Development Contract .... ............................... $ 25.00
b. Plat Filing ............ ............................... $ 30.00
c. Permanent Drainage and Utility Easement ..................... $ 25.00
d. Trail Easement ......... ............................... $ 25.00
- One -third of Park and Trail Fees
($790.00 Park and $263.00 Trail per unit (57 units) ............... $ 18,006.00
TOTAL ADMINISTRATION FEES ............................... $ 28.479.00
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
OAK PONDS 2ND ADDITION
SPECIAL PROVISIONS
AGREEMENT dated May 23, 1994 by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
DEAN R. JOHNSON CONSTRUCTION CO. (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat and planned unit development for OAK PONDS
2ND ADDITION (referred to in this Contract as the "plat "). The
land is legally described on the attached Exhibit "A ".
2. Conditions of
the plat and planned
Developer enter into
required by it.
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Plat Approval. The City hereby approves '
unit development on condition that the
this Contract and furnish the security
3. zoning. The plat is being rezoned to Planned Unit
Development (PUD) . Except as specifically modified herein, the
uses, requirements, and standards of the "PUD", as may be amended,
shall apply to the subject property.
4. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A - -Plat approved by the Chanhassen City Council on
May 23, 1994, prepared by Hedlund Surveying.
Revised 3/22/94
Plan B -- Grading, Drainage and Erosion Control Plan dated
May 11, 1994, revised May 23, 1994, prepared by
Meadowood Engineering, Inc.
Plan C- -Plans and Specifications for Improvements dated
April 8, 1994, revised May 23, 1994,prepared by
Meadowood Engineering, Inc.
Plan D -- Landscape Plan dated April 7, 1993, prepared by
Kay Halla.
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r S. Improvements. The Developer shall install and pay for
the following:
' A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets and Sidewalk
E. Concrete Curb and Gutter
F. Street Signs
' G. Street Lights
H. Site Grading and Erosion Control
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
' J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
' 6. Time of Performance. .The Developer shall install all
required improvements by November 15, 1995. The Developer may,
' however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
7. security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
' $ 336,150.00 The amount of the security was calculated as 110%
of the following:
Site Grading . . . . . . . . . . . . . . $ 79,000.00
Sanitary sewer • . . . . . . . . $ 7,500.00
Watermain . . . $ 30,100.00
Storm drainage system . . . . . . . . . . $ 35,450.00
Streets and Sidewalk . . . . . . . . . . $ 90,140.00
Street lights and signs . . . . . . . . . $ 3,500.00
Erosion control . . . . . . . . . . . . . $ 7,900.00
' Engineering, surveying, and inspection . $ 27,000.00
Landscaping and site restoration . . . . $ 25,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 305,590.00
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be- subject to the
approval of the City. The security shall be for a term ending
December 31, 1995. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
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
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the original amount until all improvements are complete and ,
accepted by the City.
8. 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: '
Dean R. Johnson Construction Co.
Attn: Mr. Dean R. Johnson ,
8984 Zachary Lane
Maple Grove, MN 55369
Telephone: (612) 420 -4589 '
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address: '
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions. '
A. Fencing shall be placed around the oak trees to
minimize impact during construction. Protected trees lost due to
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construction must be replaced on a caliper inch basis in accordance
with a plan approved by staff.
B. The grading and drainage plan shall be in accordance
with the City's Best Management Practice Handbook.
C. The color of brick and vinyl siding shall be grays
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and browns.
D. The applicant shall enter into a PUD /development
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contract with the City and provide the City with the necessary
financial security to guarantee proper installation of the public
improvements and compliance with the conditions of approval for
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final plat.
E. The applicant shall obtain and comply with the
appropriate permitting agencies, i.e. Watershed District, MPCA,
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Health Department, MWCC and Carver County.
F. The developer shall construct the public utility and
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street improvements within the right -of -ways or easements to City
standards and dedicate upon completion and acceptance to the City
for permanent ownership and maintenance responsibilities. The
remaining utilities outside the easement and right -of -way shall be
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privately owned and maintained by a homeowners association. Final
site plans and construction plans and specifications for the public
improvements shall be modified in accordance to staff
recommendations.
G. Compliance with conditions of site plan, rezoning I
and wetland alteration permit.
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H. The applicant shall submit to the city for review
and approval haul routes for the exporting of material from the
' site.
I. The homeowners association shall be responsible for
snowplowing the sidewalks along Santa Vera Drive.
J. The applicant shall dedicate to the City a 20 -foot
wide trail easement over Outlot H, Oak Ponds for the sidewalk
' outside of the City right -of -way.
K. The final plat shall be revised to provide for a
drainage and utility easement over the easterly 35 feet of the
' northerly 325 feet of Outlot A, Oak Ponds 2nd Addition.
L. A drainage and utility easement over the easterly 15
' feet of Outlot E, Oaks Ponds Addition shall be dedicated to the
City.
' M. Parking along the north side of Santa Vera Drive
shall be prohibited. A resolution shall be drafted and considered
by the City Council.
' N. The applicant shall include the installation of
Corten street lights along Santa Vera Drive. Placement shall be
determined by City staff.
' O. The applicant shall provide a NURP basin to pretreat
storm water runoff from the second phase prior to discharging into
' the Saddlebrook retention basin.
P. On Blocks 3 and 4 the building pads shall be lowered
by 2 feet.
Q. Staff recommends allowing the most northerly oak
tree located on the recreational lot ( Outlot H, Oak Ponds) be
removed and the low area located in the northerly portion of the
lot filled to fit better with the surrounding terrain. A caliper -
inch replacement for compensation of the oak tree will be required.
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R. The
applicant shall pay subdivision
fees of
$1,255.00
before the plat is recorded.
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S. Full
Park and Trail fees shall be paid
per City
Ordinance
in effect
at time of building permit issuance.
10.
General Conditions. The general conditions of
this
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Contract,
approved
by the City Council on April 11,
1994 are
attached
as Exhibit
"B" and incorporated herein.
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CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
( SEAL) '
AND:
Don Ashworth, City Manager
DEVELOPER:
DEAN R. JOHNSON CONSTRUCTION CO.
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
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EXHIBIT " A "
I LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlots B and D, Oak Ponds, Carver County, Minnesota.
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CONSENT
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
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
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•t!ity Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
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from the City Inspectors) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
S. 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.
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6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the '
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan,, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
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a. 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. I Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
' 11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
' then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
' approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Birch
' Linden Ginkgo
Locust Kentucky Coffee Tree
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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, and Tree Removal
Plan shall be submitted for each lot as required in the Special
Provisions, for review and approval by the City Engineer. Each
plan shall assure that drainage is maintained away from buildings
and that tree removal is consistent with City Ordinance.
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Hackberry Hawthorn
Oak Hickory
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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 (2k) 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
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the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee in the
form of cash or letter of credit shall be provided to the City.
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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
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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
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$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
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may use the security to satisfy the requirements. The City may
also use funds for maintenance of erosion control or to satisfy any
other requirements of this Contract or of City ordinances. The
City has established the financial guarantee at $750.00 per lot;
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however, this may be increased annually based upon cost. These
requirements supplement, but do not replace, specific landscaping
conditions that may have been required by the City Council for
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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, and Tree Removal
Plan shall be submitted for each lot as required in the Special
Provisions, for review and approval by the City Engineer. Each
plan shall assure that drainage is maintained away from buildings
and that tree removal is consistent with City Ordinance.
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15. Existing Assessments. Any existing assessments against
the plat will be re- spread against .:the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
18. House Pads. The Developer shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
fill on any house pad location.
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3%) of construction costs;
if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3%) of construction
costs for the first $500,000 and two percent
(2%) of construction costs over $500,000;
if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (24 %) of construction costs
for the first $1,000,000 and one and one -half
percent (1h$) 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.
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F. In addition to the charges and special assessments
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
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the actual progress of the construction. Payment shall be due in
accordance with Article 17E 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
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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.
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D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
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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
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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.
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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.
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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.
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20. Developerls 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
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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.
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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.
G. Waivers /Amendments The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
' I. Insurance Developer shall take out and maintain
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
' covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
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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
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
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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, catch basihs, and swales) within the plat and the
adjacent off -site storm sewer system that receives storm water from
the plat. The Developer shall follow all instructions it receives
from the City concerning the cleaning.and maintenance of the storm
sewer system. The Developer's obligations under this paragraph
shall end when the warranty period for public improvements, as
provided for in this contract, ends.
P. Soil Treatment Systems If soil treatment systems
are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
Q. Variances By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
R. Compliance with Laws. Ordinances, and Regulations
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
S. Proof of Title Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
T. Soil Conditions The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
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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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