2a-2. Woods at Longacres Development Contract/PUD Agreement and Construction Plans and Specifications1
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles Folch, Director of Public Works/City Engineer
FROM: Dave Hempel, Assistant City Engineer 1 j
DATE: June 22, 1994
SUBJ: Approve Development Contract/PUD Agreement and Construction Plans and Specifications for
The Woods at Longacres - Project No. 93 -28
The attached development contract/PUD Agreement 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 $491,000 and the development contract
administration fees total $27,047 which includes 1/3 of the required park and trail fees for 29 lots ($11,600).
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, still need some revisions. It is therefore recommended that the
construction plans and specifications for The Woods at Longacres dated May, 1994, revised June 27, 1994 prepared
by Schoell & Madson, Inc. and the development contract dated June 27, 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 $491,000 and pay an administration fee of $27,047.
2. Council grant staff the flexibility to administratively approve the construction plans.
jms
Attachments: 1. Development contract dated June 27, 1994.
2. Construction plans. Please leave your copy of the construction plans in the Council
Chambers for staff to collect after the meeting. Specifications are available for review
in the Engineering Depaitment.
c: Mr. Michael Pflaum, Lundgren Bros. Construction, Inc.
gAeng\dave \cc \woods
CITY OF CHANHASSEN
THE WOODS AT LONGACRES
PROJECT NO. 93 -28
BREAKDOWN OF ADMINISTRATION FEES - 6/22/94
Estimated Total Cost of Public Improvements ......................... $446,400.00
3% of Public Improvement Costs (Under $500,000) ................... $ 13,392.00
- Street Lighting Charge (for electricity)
8 @ $200 ............... ............................... $ 1,600.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) .. ............................... $ 350.00
- Recording Fees
a. Development Contract .... ............................... $ 25.00
b. Plat Filing ............ ............................... $ 30.00
c. Tree Conservation Easements .............................. $ 25.00
d. Trail Easement ......... ............................... $ 25.00
- Park and Trail Fees (1/3) ........ ............................... $11,600.00
(29 Accessible Lots @ $400.00)
TOTAL ADMINISTRATION FEES ............................... $ 27,047.00
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CITY OF CHANHASSEN I
DEVELOPMENT CONTRACT
Plat Approval. The City hereby
approves
AND
the plat and planned
'
PLANNED UNIT DEVELOPMENT AGREEMENT
Developer enter into
(Developer Installed Improvements)
security
'
THE WOODS AT LONGACRES
'
3. zoning. The
plat is being rezoned to Planned Unit
SPECIAL PROVISIONS
Development (PUD). Except as specifically modified herein, the
Plan B -- Grading, Drainage and Erosion Control Plan dated
uses, requirements, and
standards of the "PUD", as may be
amended,
AGREEMENT dated June 27, 1994 by and between
the CITY OF
Plan C- -Plans and Specifications for Improvements dated
CHANHASSEN, a Minnesota municipal corporation (the
"City ") , and
LUNDGREN BROS. CONSTRUCTION, INC. (the "Developer ").
Plan D -- Landscape Plan dated June 10, 1994, prepared by
1. Request for Plat Approval. The Developer
has asked the
City to approve a plat and planned unit development
for THE WOODS
AT LONGACRES (referred to in this Contract as the
"plat ") . The
,
land is legally described on the attached Exhibit " A "
2. Conditions of
Plat Approval. The City hereby
approves
'
the plat and planned
unit development on condition
that the
Developer enter into
this Contract and furnish the
security
required by it.
'
3. zoning. The
plat is being rezoned to Planned Unit
June 27, 1994.
Development (PUD). Except as specifically modified herein, the
Plan B -- Grading, Drainage and Erosion Control Plan dated
uses, requirements, and
standards of the "PUD", as may be
amended,
Schoell & Madson, Inc.
shall apply to the subject property.
Plan C- -Plans and Specifications for Improvements dated
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
June 27, 1994.
Plan B -- Grading, Drainage and Erosion Control Plan dated
May 2, 1994, revised June 27, 1994, prepared by
Schoell & Madson, Inc.
Plan C- -Plans and Specifications for Improvements dated
May, 1994, revised June 27, 1994,prepared by
Schoell & Madson, Inc.
Plan D -- Landscape Plan dated June 10, 1994, prepared by
Ernst Associates.
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1 5. Improvements. The Developer shall install and pay for
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
the following:
shall furnish the City with a letter of
'
A. Sanitary Sewer System
or equivalent ( "security ")
for
B. Water System
$ 491,000.00 The amount
of the security was calculated
C. Storm Water Drainage System
'
of the following:
D. Streets, Private Drives and Trails
Streets & Auxiliary Turn Lanes . . .
. . $
E. Concrete Curb and Gutter
F. Street Signs
Site Grading . .
. . . . . . . . . . . . $ 110,000.00
G. Street Lights
'
Sanitary sewer .
H. Site Grading and Erosion Control
Engineering, surveying, and inspection . $
38,900.00
I. Underground Utilities (e.g. gas, electric,
'
telephone, CATV)
J. Setting of Lot and Block Monuments
. . $
20,000.00
K. Surveying and Staking
L. Auxiliary Turn Lanes on County Road 117
. . $
M. Landscaping
'
N. Wetland Buffer Monumentation and Mitigation
. . $
6.
Time of Performance. The Developer shall install all
'
required
improvements by November 15, 1995. The Developer may,
restriction
however,
request an extension of time from the City. If an
on the use of the security. The security shall
extension is granted, it shall be conditioned upon updating the
'
security
posted by the Developer to reflect cost increases and the
of the City. The security shall be for a
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
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
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improvements, the Developer
shall furnish the City with a letter of
'
credit from a bank, cash escrow,
or equivalent ( "security ")
for
$ 491,000.00 The amount
of the security was calculated
as 110%
of the following:
Streets & Auxiliary Turn Lanes . . .
. . $
140,000.00
Site Grading . .
. . . . . . . . . . . . $ 110,000.00
3,000.00
3,000.00
Sanitary sewer .
. . . . . . . . . . . . $ 48,000.00
Engineering, surveying, and inspection . $
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
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Watermain . . . . . . . . . . . . . .
. . $
31,
000.00
'
Storm drainage system
$
52,000.00
Streets & Auxiliary Turn Lanes . . .
. . $
140,000.00
Street lights and signs . . . . . . .
Erosion control
. . $
$
3,000.00
3,000.00
Engineering, surveying, and inspection . $
38,900.00
Landscaping and site restoration . .
. . $
20,000.00
Wetland monuments . . . . . . . . . .
. . $
500.00
TOTAL COST OF PUBLIC IMPROVEMENTS . .
. . $
446,400.00
This breakdown is for historical reference; it is
not a
restriction
on the use of the security. The security shall
be subject
to the
approval
of the City. The security shall be for a
term
ending
December
31, 1995. The City may draw down the
security,
without
notice,
for any violation of the terms of this
Contract.
If the
required
public improvements are not completed at
least
thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
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used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
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:
Lundgren Bros. Construction, Inc.
935 East Wayzata Boulevard
Wayzata, MN 55391
(612) 473 -1321
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions.
A. Developer is responsible for demonstrating a minimum
20 foot separation is provided for side yards as each building
permit is requested. Interior side yard setbacks of 6 feet for
garages and 9 feet for living areas are permitted. Front yard
setbacks may be reduced down to 20 feet on Lots 8 -11, Block 1, Lot
2, Block 3, and Lot 2, Block 4. Side yard setback of 10 feet is
required for all free standing accessory structures. These must
comply with all other rear and front yard setbacks.
B. Two trees shall be placed on Lots 7 -13, Block 1,
Lots 1 -4, Block 2 and Lots 2 -6, Block 6. These trees may be placed
in the lot in question or clustered as appropriate based upon an
approved landscaping plan. However, none of these trees shall be
credited to buffering requirements along Galpin nor placed upon
commonly held outlots." Trees to be selected from approved city
list of over story trees, minimum 2Z diameter at time of
installation. Seed and sod required for all disturbed areas.
Letter of credit or cash deposit required at time of building
permit to guarantee installation. Streetscape shall be consistent
with plans from Ernst and Associated dated June 10, 1994.
C. Tree Preservation /Landscaping:
1. Tree plantings to meet minimum size standards
in City Code and be selected from the official
tree list that is being prepared by the Tree
Board.
2. Landscaping to be covered by satisfactory
financial guarantees.
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1
10
3. All tree conservation areas to be protected by
snow fence or otherwise satisfactorily marked
and all erosion control to be in place with
both being inspected and approved by the city
before undertaking any grading of construction
activity on the site. Expand the tree
conservation areas as recommended by staff on
grading and landscaping plan. Tree
conservation easements shall be placed on Lots
1, 2, 4 -7, Block 1 and Lots 2 -7, Block 3.
Park and Trails:
Parks
1. The private /association park be approved with
the addition of an open field with a minimum
size of 180 feet by 180 feet with a maximum 4%
slope is added to the park layout. This open
field is to be in addition to and not in lieu
of existing proposed amenities. Furthermore,
if the private /association park is ever
abandoned, it shall be transferred to the city
for public park purposes. Such a provision
must be drafted into association documents.
2. Full park fees shall be paid at the rate in
force upon building permit application.
3. If in the future there is a dissolution or any
type of breakdown in this neighborhood
association, that the city will be deeded this
park as a park and not subdivided into lots.
Trails
1. It is intended that the Galpin trail be
constructed in the street right -of -way except
within 200 feet of street intersections. In
these areas, a trail easement up to 20' in
width is required. Furthermore, that this
easement shall be included in the grading plan
for the project with a suitable trail bed
being prepared. This trail bed may meander
within the easement alignment at the
discretion of the applicant, but the eventual
alignment must be conducive to future trail
construction and is subject to approval as a
part of the grading plan review. Planting of
trees shall be restricted to areas west of the
trail bench.
2. The applicant shall dedicate lands to
accommodate trail construction along the
s o u t h e r n b o u n d a r y of the
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Johnson /Dolejsi /Turner preliminary plat as
'
depicted on Attachment #4. The applicant
shall map and construct a trail paralleling
this wetland. This construction is to be
'
completed per city specifications and at the
time of adjoining street construction. Final
alignment of this trail shall be staked by the
developer and approved by the Park and
'
Recreation Director and City Engineer. In
recognition for the construction of said
trail, the applicant receive compensation for
'
construction costs associated with this trail.
'
This trail shall include a connection to the
'
street plan as indicated between Lots 16 & 17,
Block 2, or a similar suitable location in the
near vicinity.
,
3. Full trail fees shall be paid per city
ordinance.
E. Appropriate drainage and utility easements shall be
conveyed with the final plat for all utilities located outside the
public right -of -ways including drainage basins.
F. The applicant shall receive and comply with all
pertinent agency permits, i.e. Watershed District, Health
Department, MPCA, Carver County Highway Department, DNR, Army Corps
'
of Engineers.
G. The applicant needs to submit revised storm sewer
'
and ponding calculations in accordance to city ordinance.
H. Hunter Drive has a 200 foot deceleration lane on
Galpin Boulevard. The trail should be located within the plat
'
adjacent to the deceleration lane.
I. Fire hydrants shall be placed approximately 300 feet
'
apart throughout the subdivision in accordance with the Fire
Marshal's recommendation.
J. All disturbed areas shall be immediately restored
with seed and disc - mulched or provided with a wood -fiber blanket
within two weeks after site grading or before Nov. 15 each
construction season. Areas where street and /or utility
'
construction will occur throughout the year are excepted as is
construction on individual home sites when building permits have
been issued and erosion control is in place. The City may grant an
'
extension to the restoration date if weather conditions permit.
All disturbed areas shall be restored in accordance with the City's
Best Management Practices Handbook.
'
K. The developer shall construct all utility and street
improvements in accordance with the City's latest edition of
Standard Specifications and Detail Plates and prepare final
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construction plans and specifications for City staff review and
formal City Council approval in conjunction with final platting.
' L. As a condition of final plat approval, the applicant
will be required to enter into a development contract with the City
' and provide the necessary financial security to guarantee
compliance with the conditions of approval of final platting.
M. No lots shall take driveway access from Galpin
' Boulevard (County Road 117).
N. Street names submitted with the final plat are
' subject to staff approval. The private driveway serving Lots 4, 5
and 6, Block 1 will also need to be named.
' O. The site grades adjacent to Galpin Boulevard shall
be revised to be compatible with the future upgrade of Galpin
Boulevard and future trail construction. In addition, no berming
or drainage facilities will be allowed to encroach upon the Galpin
' Boulevard right -of -way. The trail shown on the landscaping plan
needs to be located east of the property line out of the
deceleration.
' P. Enter into a PUD contract with the City.
Q. A temporary turnaround and a signed barricade on
Fawn Hill Road indicating "This street to be extended in the
future." Notice of the extension is to be placed in the chain-of-
title of all lots in the vicinity.
' R. The existing home on Lot 1, Block 3 (Song residence)
shall connect to the municipal sanitary sewer system and abandon
' the on -site septic system per city /state codes within 30 days after
the sewer system becomes operational. The existing well may be
used until it fails, then the property must connect to city water.
' S. The existing resident on Lot 1, Block 3 (Song) shall
change their street address to correspond to the city address
system. The city's Building Department will assign a new address
' once the plat is filed.
T. The developer and /or contractor shall report to the
' City Engineer the location of any drain tiles found during
construction. The City Engineer will determine whether or not to
abandon or redirect the tile to the storm sewer system.
U. A 10 foot clear zone must be maintained around fire
hydrants so as to avoid injury to fire fighters, i.e. NSP
transformers, street lights, cable television and telephone boxes
' and landscape plantings.
V. The developers and /or property owners shall waive
' any and all procedural or substantive objections to the special
assessment resulting from the city's public improvement project
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t
#92 -5 including but not limited to hearing requirements and any
claims that the assessment exceeds the benefit to the property.
W. A native vegetative buffer strip 10 feet in width '
shall be maintained around the natural wetlands on the site. This
will limit grading to within 10 feet of the wetland. The grading
plan shall be modified accordingly. '
X. The landscaped median island shall be maintained by
the homeowners association through the means of the declaration of ,
covenants. Should the median not be well maintained or becomes a
public safety hazard, the city reserves the right to remove the
landscaping and /or entire median. The city shall not be liable for
damage to the landscaping or irrigation system as a result of snow '
plowing operations.
Y. Private driveway or cross access easements including ,
maintenance agreement shall be provided for Lots 4, 5, and 6, Block
1 and Lots 6 and 7, Block 3.
Z. The applicant shall meet wetland fill and wetland '
mitigation conditions as stated in Corps of Engineers, Section 404
permit 94- 02389- SW -GAE. Mitigation work shall be implemented prior
to or concurrent with wetland fill activity in future phases of the '
project.
AA. Wetland buffer areas shall be surveyed and staked in '
accordance with the city's wetland ordinance. The city will
install wetland buffer edge signs before construction begins and
the applicant will be charged $20 per sign. '
10. 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. ,
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( SEAL)
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
Don Ashworth, City Manager
AND:
DEVELOPER:
LUNDGREN BROS. CONSTRUCTION, INC.
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: I
Tracts A & B, Registered Land Survey No. 94, Files of the Registrar
of Title, Carver County, Minnesota. I
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I�
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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 I
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
'
EXHIBIT "B"
QFNERA_L 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
I
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
I
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
I
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
I
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
I
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.
5. Iron Monuments. Before the security for the completion
' of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
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8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
'
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
'
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
'
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from '
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of '
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby ,
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125% ,
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that '
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in '
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Unless the lot already has one tree in the '
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include: '
Maples Birch
Linden Ginkgo
Locust Kentucky Coffee Tree
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Hackberry Hawthorn
Oak Hickory
' Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2%) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
' between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
' base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee in the
' form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months
after the certificate of occupancy issued, except that if the
' certificate of occupancy is issued between October 1 through May 1
these conditions must be complied with by the following July 1st.
Upon expiration of the time period, inspections will be conducted
by City staff to verify satisfactory completion of all conditions.
City staff will conduct inspections of incomplete items with a
$50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactory inspection, the financial guarantee
' shall be returned. If the requirements are not satisfied, the City
may use the security to satisfy the requirements. The City may
also use funds for maintenance of erosion control or to satisfy any
other requirements of this Contract or of City ordinances. The
' City has established the financial guarantee at $750.00 per lot;
however, this may be increased annually based upon cost. These
requirements supplement, but do not replace, specific landscaping
' conditions that may have been required by the City Council for
project approval.
' 13. warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free at the time of planting. All
landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
' post a letter of credit or other security acceptable to the City to
secure the warranties at the time of final 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. 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.
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
'
18. House Pads. The Developer
shall promptly
furnish the
City "as- built" plans indicating the
amount, type and limits of
improvements is between $500,000 and
fill on any house pad location.
$1,000,000, three percent (3%) of construction
'
19. Responsibility for Costs.
(2%) of construction costs over $500,000,
iii) if the cost of the construction of public
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
'
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
'
improvements is less than $500,000, three
percent (3%) of construction costs;
ii) if the cost of the construction of public
,
improvements is between $500,000 and
$1,000,000, three percent (3%) of construction
costs for the first $500,000 and two percent
(2%) of construction costs over $500,000,
iii) if the cost of the construction of public
'
improvements is over $1,000,000, two and
one -half percent (2%x) of construction costs
for the first $1,000,000 and one and one -half
percent (IM) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit '
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
GC -5 I
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. Developers 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
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. Buildincr 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
F]
1
II
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.
' 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. Assianability 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
I GC -8
of City snow plowing service does not constitute final acceptance
of the streets by the City.
0. Storm Sewer Maintenance The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, catch basins, and swales) within the plat and the
adjacent off -site storm sewer system that receives storm water from
the plat. The Developer shall follow all instructions it receives
from the City concerning the cleaning and maintenance of the storm
sewer system. The Developer's obligations under this paragraph
shall end when the warranty period for public improvements, as
provided for in this contract, ends.
P. Soil Treatment Systems If soil treatment systems
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 Reaulations
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
S. Proof of Title Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
T. Soil Conditions The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
GC -9
1
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
1 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.
I GC -10