1a-2. Olivewood-Approval Development Contract and Plans and SpecificationsJ
I MEMORANDUM
C ITY OF �"
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Charles Folch, City Engineer
' FROM: Dave Hempel, Assistant City Engineer Avq/--
' DATE: August 3, 1994
SUBJ: Approve Development Contract and Construction Plans and Specifications for Olivewood,
' Project No. 94 -11
' The attached Development Contract incorporates the conditions of approval from the final platting and
construction plans and specifications review process. Staff has calculated the required financial security
to guarantee compliance with the terms of the Development Contract at $146,410 and the Development
' Contract administration fees total $7,253 which includes 113 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 finds them in general
conformance to the City standards. Although the plans still need a few minor modifications, staff requests
that the City Council grant staff the flexibility to administratively approve the plans after working with
the applicant's engineer to meet City standards. It is therefore recommended that the construction plans
' and specifications for Olivewood dated July 8, 1994, revised August 8, 1994 prepared by Schoell &
Madson, Inc., and the Development Contract dated August 8, 1994 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 $146;410 and pay an administration fee of $7,253.
2. The applicant's engineer shall work with staff in revising the construction ;plans to meet City
standards.
' ktm
' Attachments: 1. Development Contract dated-, August 8, 1994.
2. Construction plans. Please leave your copy of the construction plans in the
Council Chambers for staff to collect after the n o°I a tf@ftpt wn
' available for review in the Engineering Department. ReoeWd
c: Ken Adolf, Schoell & Madson, Inc. FkMsion No.
I gAeng \dave \projects \olive\deveon. cc
Approved by Engineer
Approved by City M11
00 S -�
CITY OF CHANHASSEN
OLIVEWOOD
PROJECT NO. 94 -11
BREAKDOWN OF ADMINISTRATION FEES - 8/3/94
Estimated Total Cost of Public Improvements ......................... $133,100.00
- 3% of Public Improvement Costs (Under $500,000) .................... $ 3,993.00
- Street Lighting Charge (for electricity)
2 @ $ 200 ............... ............................... $ 400.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) .. ............................... $ 300.00
- Recording Fees
a.
Development Contract .... ...............................
$
30.00
b.
Plat Filing ............ ...............................
$
30.00
c.
Tree Conservation Easements ..............................
$
25.00
d.
Vacation Resolution ..... ...............................
$
25.00
e.
Wetland Alteration Permit . ...............................
$
25.00
f.
Condition Use Permit .... ...............................
$
25.00
- Park and Trail Fees (1/3) ........ ...............................
$ 2,400.00
(6
Accessible Lots @ $400.00)
TOTAL ADMINISTRATION FEES . ............................... 7 253.00
CITY OF CHANHASSEN I
DEVELOPMENT CONTRACT '
(Developer Installed Improvements)
OLIVEWOOD
,
SPECIAL PROVISIONS
'
AGREEMENT dated August 8 1994 b and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
OLIVE NEUMANN, a single woman, and ARNOLD M. WEIMERSKIRCH AND ANNE
'
N. WEIMERSKIRCH, husband and wife (the "Developers ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for OLIVEWOOD (referred to in this Contract
'
as the "plat "). The land is legally described on the attached
Exhibit "A ".
'
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
'
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
'
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
'
terms shall control. The plans are:
Plan A - -Plat prepared by Schoell & Madson, Inc. and
approved by the Chanhassen City Council on
August 8, 1994.
Plan B -- Grading, Drainage and Erosion Control Plan dated
'
July 8, 1994, revised August 8, 1994, prepared by
Schoell & Madson, Inc.
Plan C- -Plans and Specifications for Improvements dated
July 8, 1994, revised August 8, 1994, prepared by
Schoell & Madson, Inc.
'
Revised 3/22/94
SP -1 I
'
Erosion control . . . . . . . . . . . .
. $
2,000.00
4. Improvements. The Developer shall install and pay for
'
the following:
. $
'
A.
Sanitary Sewer System
Landscaping . . . . . . . . . . . . . .
B.
Water System
'
C.
D.
Storm Water Drainage System
Streets
. $
E.
Concrete Curb and Gutter
'
F.
Street Signs
G.
Street Lights
TOTAL COST OF PUBLIC IMPROVEMENTS . . .
H.
Site Grading
I.
Underground Utilities (e.g. gas, electric,
telephone, CATV)
'
J.
Setting of Lot and Block Monuments
K.
Surveying and Staking
L.
Wetland Monumentation
'
M.
Landscaping
5. 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.
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
$ 146,410.00 . The amount of the security was calculated as 110%
of the following:
' Site grading . . . . . . . . . . . . . . $ 31,000.00
Sanitary sewer . . . . . . . . . . . . . $ 20,000.00
Watermain . . . . . . . . . . . . . . . . $ 17,000.00
' Storm drainage system . . . . . . . . . . $ 17.,100.00
Streets • $ 31,300.00
Street lights and signs . . . . . . . . . $ 700.00
' 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
1 SP -2
Erosion control . . . . . . . . . . . .
. $
2,000.00
'
Engineering, surveying, and inspection
. $
81000.00
Landscaping . . . . . . . . . . . . . .
. $
51000.00
Iron Monuments . . . . . . . . . . . .
. $
200.00
'
TOTAL COST OF PUBLIC IMPROVEMENTS . . .
. $
133.100.00
' 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
1 SP -2
reduced from time to time as financial obligations are paid, but in '
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and '
accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
'
employees or agents, or mailed to the Developer by registered mail
at the following address:
Mr. and Mrs. Arnold Weimerskirch
2831 Sandpiper Trail
Excelsior, MN 55331
'
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.
'
S. other Special Conditions. (This section to include
conditions of approval from the plat review and plan and
specification review process).
'
A. A 13 -foot front yard setback variance for Lot 1,
Block 2 and a 12 foot front yard setback variance on Lot 3, Block
2.
'
B. The two existing homes within the plat are required
to be connected to city sewer within 30 days after the sanitary
sewer line becomes operational. The homes may continue to utilize
'
their existing wells until the wells fail.
C. The street shall be named Tanagers Lane or Tanagers
,
Court and the two existing homes shall be required to change their
addresses to correspond to the plat's street name and city's
address grid.
'
D. The grading plan shall be revised to show the
appropriate site grading to achieve buildable house pad elevations
adjacent to the wetlands. Individual grading, drainage and erosion
'
control plans shall be required for all treed lots. The plans
shall be submitted to the City Engineer for review and approval
to building issuance.
'
prior permit
E. The applicant shall pay the appropriate storm water
quality and quantity fees or provide storm water management '
improvements in accordance to the City's Surface Water Management
Plan. If the storm water fees have not been formally adopted by
the time final plat is to be recorded, then a letter of credit or '
cash dedication will be escrowed with the City until the SWMP plan
has been formally adopted by the City and the fees adjusted
accordingly based on the approved fee schedule and assessment
methodology. Staff will evaluate the fees according to the SWMP ,
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' plan recommendations and review the exemptions of the two existing
homes.
' F. The erosion control plan may be modified subject to
the final grading and drainage plan. Erosion control measures
shall be employed in accordance to the City's Best Management
' Practice Handbook.
G. All retaining walls shall be built outside the
' City's right -of -way and maintained by the property owner.
H. The applicant shall be required to enter into a
' development contract with the City and provide the necessary
financial security to guarantee installation of the public
improvements and conditions of final platting.
I. As a result of platting, the two existing homes will
be required to change their addresses to correspond to the final
plat and the City's address grid system. The new street name shall
be subject to approval by the City's Public Safety Department.
J. The applicant shall receive and comply with all
pertinent agency permits, i.e. Watershed District, DNR, MWCC, MPCA,
Minnesota Dept. of Health, etc.
K. Accept full park and trail dedication fees for the
Neumann Subdivision in lieu of parkland dedication and /or trail
construction. One -third of the park and trail cash contribution
shall be paid contemporaneously with the filing of the subdivision
plat. The balance, calculated as follows, shall be paid at the
time building permits are issued: rate in effect for residential
single family property when a building permit is issued minus the
amount previously paid.
L. Upon platting of the property, the city typically
spreads these deferred assessments over the newly created plat on
a per lot basis. Staff is open to alternative methods in
respreading the deferred assessments if desired by the property
owner.
M. The applicant shall meet all conditions of the
conditional use permit (94 -2) and wetland alteration permit (94 -2) .
N. Conservation easements shall be placed on all lots
shown on the tree preservation plan dated July 29, 1994.
9. General Conditions. The general conditions of this
Contract, approved by the City Council on April 11, 1994 are
attached as Exhibit "B" and incorporated herein.
I SP -4
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
( SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
BY:
Olive Neumann
AND:
Arnold M. Weimerskirch
AND:
Anne N. Weimerskirch
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 Olive Neumann, a single woman.
NOTARY PUBLIC
SP -5
1. 1
' STATE OF MINNESOTA )
( ss.
' COUNTY OF )
The foregoing instrument was acknowledged before me this
' day of , 19 , by Arnold M. Weimerskirch and Anne
N. Weimerskirch, husband and wife.
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 -6
.1
EXHIBIT " A " I
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lots 19, 20, 21, 22, 23, 24, 26 and 27, "Minnewashta Park, Carver ,
Co., Minn. ", according to the plat thereof on file or of record in
the office of the County Record, Carver County, Minnesota, together
with that part of vacated Minnewashta Avenue accuring thereto; and '
Lot 25, "Minnewashta Park, Carver Co., Minn. ", according to the
plat thereof on file or of record in the office of the County
Recorder, Carver County, Minnesota, together with that part of '
vacated Minnewashta Avenue accruing thereto.
SP -7 I
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
SP -8
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.
'
proceeding with construction. The City will, at the Developer's
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
'
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
'
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
'
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
'
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
'
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
'
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part -time basis. The
,
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
,
instruct its project engineer/ inspector to respond to questions
GC -1 I
1.
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
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.
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.
F
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.
GC -2
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,
utility stubs,
(5) location stationing and swing ties of all
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.
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.
F
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.
GC -2
11. Park and Trail Dedication. At the time of issuance of '
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City '
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid. '
12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat. '
Suitable trees include:
Maples Birch
S. Clean u . The Developer shall maintain a neat and
p P
,
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
t
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
GC -3
,
Hackberry Hawthorn
Oak Hickory
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2 s ) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
' each lot utilizing a minimum of four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee in the
' form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months
after the certificate of occupancy issued, except that if the
' certificate of occupancy is issued between October 1 through May 1
these conditions must be complied with by the following July 1st.
Upon expiration of the time period, inspections will be conducted
by City staff to verify satisfactory completion of all conditions.
City staff will conduct inspections of incomplete items with a
$50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactory inspection, the financial guarantee
' shall be returned. If the requirements are not satisfied, the City
may use the security to satisfy the requirements. The City may
also use funds for maintenance of erosion control or to satisfy any
' other requirements of this Contract or of City ordinances. The
City has established the financial guarantee at $750.00 per lot;
however, this may be increased annually based upon cost. These
requirements supplement, but do not replace, specific landscaping
conditions that may have been required by the City Council for
project approval.
' 13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
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.
I GC -4
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.
I GC -4
15. Existin g Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards. '
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan '
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing '
electricity for each light for twenty (20) months.
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public
,
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
,
18. House Pads. The Developer shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
fill on any house pad location.
'
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
,
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
'
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
,
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3%) of construction costs;
if the cost of the construction of public ,
improvements is between $500,000 and
$1,000,000, three percent (3%) of construction '
costs for the first $500,000 and two percent
(2%) of construction costs over $500,000;
if the cost of the construction of public '
improvements is over $1,000,000, two and
one -half percent (2k%) of construction costs
for the first $1,000,000 and one and one -half '
percent (1k%) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit ,
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based ,
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
GC -5 '
1.
' B. In addition to the administrative fee, the Developer
shall reimburse the City .for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
' cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
accordance with Article 17E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
' for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
' including attorneys' fees.
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.
GC -6
.1
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 I
by the City Engineer.
B. Postal Service The Developer shall provide for the
maintenance of postal service in accordance with the local
'
Postmaster's request.
C. Third Parties Third parties shall have no recourse
against the City under this Contract.
'
D. Breach of Contract Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
'
permits, including lots sold to third parties.
E. Severability If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
'
F. Buildings Permits Building permits will not be
issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
,
streets needed for access have been paved with a bituminous
surface.
G. Waivers /Amendments The action or inaction of the
'
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
,
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
'
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
,
ten (10) days for processing.
I. Insurance Developer shall take out and maintain '
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property '
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than ,
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
GC -7 I
1'.
' 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.
I 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
GC -8
J. Remedies
Each right, power
or remedy herein
conferred upon the City
is cumulative and in
addition to every
other right, power or
remedy, expressed or
implied, now or
'
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise
so existing may
be exercised from
time to time as often and
in such order as may be deemed expedient
I 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
GC -8
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 I
be there by the City.
GC -9 I
'
acceptance
of City snow plowing service does not c onstitute final p tance
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 basins, and swales) within the plat and the
adjacent off -site storm sewer system that receives storm water from
the plat. The Developer shall follow all instructions it receives
from the City concerning the cleaning and maintenance of the storm
sewer system. The Developer's obligations under this paragraph
'
shall end when the warranty period for public improvements, 'as
provided for in this contract, ends.
P. Soil Treatment Systems If soil treatment systems
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 I
be there by the City.
GC -9 I
1'. -
I U. Soil Correction The Developer shall be responsible
for soil correction work -on, the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
' the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
' graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
1
I GC -10