8b. Shadow Ridge Development Contract and Construction Plans and Specifications Approval� I
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CITY OF
C8AN8ASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, "N&�f,TA4�17
(612) 937 -1900 • FAX (612) 937 -5739
Ir
TO: Charles Folch, City Engineer DO Sabmfttt?c! to CommissM
FROM: Dave Hempel, Assistant City Engineer f Submitted to Gourd
DATE: September 7, 1994
SUBJ: Approve Development Contract and Construction Plans and Specifications for Shadow Ridge
Project No. 94 -15
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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 $264,800 anti the administration fees total $14,643 which includes
1/3 of the required Park and Trail fees.
The applicant has also submitted detailed construction plans and
approval. Staff has reviewed the construction plans and specific
conformance to the City standards; however, the construction pi
requests that the City Council grant staff the flexibility to adminis
applicant's engineer in modifying the plans accordingly to meet
the construction plans and specifications dated August 5, 1994
Development Contract dated September 12, 199,4 be approved c
o
specifications for staff review and City Council
ations and find the specifications are in general
ans still need some minor modifications. Staff
traitively approve the plans after working with the
City standards. It is therefore recommended that
prepared by Schoell & Madson, Inc. and the
nditioned upon the following:
I The applicant enter into the Development Contract and supply. the City with a cash escrow or letter of
credit in the amount of $264,800`and pay an administration fee of $14,643.
2. The applicant's engineer shall work with City staff in revising the
ems
Attachments: 1. Development Contract dated September 12, 1994.
2. Construction plans. Please leave your copy of the
1 Chambers for staff #o collect after the meeting. Spe
in the Engineering Depaitment.
c: Bill Coffman, Coffman Development
gAe%\dave\ccVhadow
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plans to meet City standards.
Dn plans in the Council
are available for review
OFFICIAL ENGINEERING COPY
Received
Revision No.
Approved by City Engineer.
Date
7 Gq
Approved by City Council
Date
MEMORANDUM
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SHADOW RIDGE
' SPECIAL PROVISIONS
' AGREEMENT dated September 12 1921, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
COFFMAN DEVELOPMENT COMPANY (the "Developer ").
' 1. Request for Plat Approval. The Developer has asked the
City to approve a plat for SHADOW RIDGE (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:
Revised 3122194
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Plan A - -Plat prepared by Schoell & Madson, Inc. and
approved by the Chanhassen City Council on
September 12 1994.
Plan B -- Grading, Drainage and Erosion Control Plan dated
August 5 1924, prepared by Schoell & Madson,
Inc.
Plan C- -Plans and Specifications for Improvements dated
August 5 1994, prepared by Schoell & Madson.
Inc.
Plan D-- Woodland Management Plan dated August 19 ,
19944,prepared by Kevin Norbv
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ATTACHMENT 1
4. improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading & Erosion Control
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
M. Woodland Management
N. Wetland Monumentation
5. Time of performance. The Developer shall install all
required improvements by November 15, 192a. 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
$ 264,800.00 . The amount of the security was calculated as 110% of
the following:
Sanitary sewer . . . . . . . . . . . . . $ 76,114.00
Watermain . . . . . . . . . . . . . . . $ 24,618.00
On -site storm sewer . . . . . . . . . $ 29,500.00
Streets . . . . . . . . . . . . . . . $ 42,800.00
Street lights and signs . . . . . . . $ 900.00
Erosion control . . . . . . $ 7,400.00
Engineering, surveying, and inspection . $ 20,000.00
Landscaping . . . . . . . . . . . $ 13,335.00
Site Grading . . . . . . . . . . . . $ 26,100.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 240,767.00
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, 19a. 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
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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. William Coffman, Jr.
Coffman Development Company
117 Sentinel Building
' 5151 Edina Industrial Boulevard
Edina, MN 55439
Telephone: (612) 835 -1270
' Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. other Special Conditions. (This section to include
conditions of approval from the plat review and plan and
specification review process).
A. The final plat shall be revised to dedicate the
northerly 30 feet of Outlot A as street right -of -way.
B. The proposed development will be responsible for a
water quantity fee of $20,247 assuming 10.2 acres of developable
land. This fee has not included the wetlands on site or Outlot A.
The applicant shall supply the City with a letter of credit to
' cover the SWMP fees until the SWMP fees are finalized by the City
Council. If there are any modifications to the fees, the developer
will be charged accordingly.
' C. The applicant shall report to the City Engineer the
location of all drain tiles found during construction. Drain tile
' shall be relocated or abandoned as directed by the City Engineer.
D. The existing home on Lot 1, Block 1 will be required
to connect to City water once the well on the property fails.
' E. The existing outbuildings and any septic system or
wells on the site shall be abandoned in accordance with City and /or
State codes.
F. The applicant shall enter into a development
' contract with the City and provide the necessary financial security
to guarantee the installation of the public improvements and
compliance of the conditions of approval.
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G. All utility and street improvements shall be
on the project
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates. Detailed street and
applicant has executed
utility construction plans and specifications shall be submitted to
staff for review and formal approval by the City Council in
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conjunction with final plat consideration.
'
H. The applicant shall apply for and obtain the
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necessary permits from the Watershed District, DNR, Department of
Health, MPCA and other appropriate regulatory agencies and comply
with their conditions of approval.
'
I. Upon completion of site grading, all disturbed areas
11, 12, 14, 15
shall be restored with seed and disc - mulched or wood -fiber blanket
within two weeks of completing the site grading unless the City's
'
Best Management Practice Handbook planting dates dictate otherwise.
All erosion control measures shall be in accordance to the City's
Best Management Practice Handbook.
,
J. Upon completion, the developer shall dedicate to the
City the utility and street improvements within the public right-
of -way and drainage and utility easements for permanent ownership.
,
K. 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
will charge the applicant $20 per sign.
'
L. Pay park and trail fees as specified by city
ordinance.
M. A ten foot clear space must be maintained around all
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fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, NW
Bell, cable TV, transformer boxes. This is to ensure that fire
hydrants can be quickly located and safely operated.
'
N. Revise the grading plan to show the type of house
pads, using the City's standard house designations, and lowest
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floor and garage elevations.
0. In conjunction with submittal of a building permit
application for Lot 17, Block 1, the applicant shall submit
detailed grading, drainage and erosion control plan subject to the
Watershed District's approval prior to the issuance of a building
permit. ,
P. Site grading may commence
on the project
in
accordance to the approved plans after the
applicant has executed
the development contract for Shadow Ridge
and provided the
City
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with the necessary administration fees,
security deposit
and
Watershed approval.
'
Q. The storm basin located on Lots
11, 12, 14, 15
and
17, Block 1 shall be designed at either 4:1
slopes overall of
10:1
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slopes for the first 10 feet below the normal water level and 3:1
slopes thereafter.
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R. Outlot A will not be subdividable or buildable until
Yosemite Road is upgraded to the City's urban standard, municipal
sanitary sewer and water is extended adjacent to the parcel, and
wetland setback and buffer area issues are resolved.
S. A copy of the Woodland Management Plan shall be
provided to every lot purchaser. The Woodland Management Plan
shall be complied with in the development of the site and the
individual lots.
T. A 25 foot front setback is allowed on Lot 2, Block
1 and a 20 foot front setback is granted on Lots 3 through 16,
Block 1 to move the building pads away from the top of the slope
and to preserve trees. The applicant shall incorporate retaining
walls and custom grading to assure that slopes and trees are
minimally impacted. Staff encourages the developer to incorporate
bluff protection guidelines in the development.
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.
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CITY OF CHANHASSEN I
NOTARY PUBLIC
STATE OF MINNESOTA ) '
( ss.
COUNTY OF ) '
The foregoing instrument was acknowledged before me this
day of 19 , by
NOTARY PUBLIC I i
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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BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
,
Don Ashworth, City Manager
DEVELOPER:
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BY:
Its
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STATE OF MINNESOTA )
( sS.
COUNTY OF CARVER )
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The foregoing instrument
was acknowledged before me this
day of , 19
, by Donald J. Chmiel, Mayor, and by
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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 I i
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"
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That port of the Southtwest Ouarter Of the e o Secfrw, 2. Towne* 116. Range 23. Carver County.
Wrinesoto. described aj fasowo:
!
Beginning at the Southeast corner of *aid Southwest Quarter of the Narth.ee OL or Nhence f10rtl1Ky OlOrg th0
most She of *ad Southwest Ouorter Of the Northwest Ouarter a distance of 726.03 feet to the krtereection with the
'
following described tins:
Conwrwhcirhg at tut northeast corner of Sak Southwest Quarter of th Northwest Ouster, Vence .eetery
obng the north ire of said Southwest Ouortmr of the Northwest Ouorte o distance of 665.76 frost: Versos
_
southerly, at right onoc to said M fine a distance of 507.90 feet to the point of booming of the ine to
be dmseribed: thence mastery, por*IW with said north f ins. o distance of 664.06 Net to said aoet fns of the
Southwest Ouorter of the Northwest Quarter and said line there tormtngting.
th'SMS ww"ry Oang tut 109 described ins a distance of 654.06 feet to the watery temtr4is of said asp
doso bed
ins: thence soutMrly, parallel with said east inn of the Southwest Ouarter of the Northwest Quarter,
o distance of
364.94 feet to the intersection with o ire described as follows:
Camencing at the southwest corner of fold Soalhw«t Ouerter of Ue Northwest Quarter Uwhom mastery
along the South ins Of *aid Soug"T"t Quarter of the Northwest Ouadw a distance of 330.10 Net; Uw ce
north". dmf4cting 90 dsgnss 06 minutes 00 *eeorbs to the 10L 331.60 test to the point of beginning at the
ins to be described; thence god". WOW with sold South On of the Southwest Ouarter of the Northwest
Ouorter. a distance of 406.60 feet
and fad ire Urn terminoGnq.
thence eoe". parslM with said south in Of the Souhwed Ouster of Ue Northwest Quarter. a distance of 64.09
feet to the intersection with a ins dram
norVwly. poM4W with sad Soft in of the SOWnw«i Qgrtmr of the
Northwest Qtgfter from a point on Said mouth arse of the Southwost Quarter of ttr Nafthmest Qarter, a dgance Of
600.00 feet west" from sold southeast COMFW of the Southwest Quarter Of the Northwest Quarter, thence
gout". Para** with said east ins Of the Southwest Quarter of the Northwest Quarter. a dstanae of 331.61 feet
'
to said south tins of the Southwest Quarter of the NWt hwwe Warier Uwhp pot" 460V said South 9n a distance
M 600.00 feet to the pant of beginning.
Except that port described « fehaws:
COmmehctrg at the Southsost carne d said Southwest phprter of the Northwest Quotes. thanes on an Smourmd
bearing of west oarg the south floe of said Southwest Quarter of the Northwest Warier a drstonoe at 453.99 feet
to
the point Of b9ginnirq Of Ur property to be described: Vw4s coMinw on a bearing or west own said South fur a
distance Of 146:01 look thence North 0 degrees 35 06
Mk%om foeonds afost, POMON with the east ire of said
Southwest Quarter of the Northwest Ouarter. a distance of 277.01 feet thence on a bearing of East parWW
.0
mad south im of the Southwest Quarts of L Northwest Quaeter. o distance of 146.01 feet !Noce South 0
'
d"roes 35 minutes 06 seconds East, porW4l with said east far of Said Southwest Quarto of the Northwest
Ohart O distmlce of 277.01 feet to the point of beginning.
And Mat Allred G. Harvey and ►spy G Harvey, husband and wits. fes omens of the following described property situated in Ur
County of Carver. State of Mnneeata. to wit:
That part of the Sothmpt Qorter of the Northwest Ouorter Of Section 2. Township 16. Range 23. Carver County.
Mi nnesot a,
'
described as follows:
Commencing at the Southeast a~ or Said Southwest Quarter of tut NorU~ Ck o .. Owce on on assumed
bearing Of west a" the South fine Of Said Southwest Ouorter of the Northwest Quarter a distance of 453.99 Ne t t
o
the pant of booming of the txoperty to be desert Owns uxMiOnue on a bearfnq of west Siang said south ire a
distance of 146.01 feet; t hrnCm North 0 degrees 35 minutes 06 *stands West,
panty! with Ue eoM fine of Said
Southwest Quarter Of tee "W thweft Ouster. 4 distance of 277.01 feet; thence on a bear of East. parahyt with
Said south ire Of tut Southwest Quarter of the Nathw«t Quarter. O distance of 146.01 feet thence South 0
degrees 35 minutes 06 seconds East. pwolleh with sold Soot 6h* Oi Said SouMwed Ouale of tut Nath.,e
'
Quarter, o distance of 277.01 feet to the point of beginning.
And that Atfred C. Harvey and May C Harvey. husband and wife. fee owners.
and DN'rna Development Company. 0 lie ooto
to or wit: n, contract for contract dosd Ptmcheeer of tut tobwing deaeribed prapony situ4ted in tut County of Carver. Stab Min_hesota,
of
That port of the Southwest Quarter of the Northwest Ouarter of Section 2. Township 116. Ronde 23. Carver County. Mtnnesato.
described as foUowt:
Cornmeneing at tut northeast corner of Said SouthwW Quorbr of tut Northwest Quuater, th hoe westwy Oa g Use north foe
of Said Southwest Quarter of ft Northwest QuOrter O distance 665.76
of test; Umm wuUwy, at right 4rptsa to Said north
foe. a dsWnOS Of 507.90 feet to the post of beginning of the property to be described: Urrnee natlery a" the fast
described ins 4 distance of 29720 feet to the center ire
'
Of an existing drivewoy tMrnco wade datydin0 70 d
ifrrnce egrees 30
minutes 00 seconds to the Eft Siang said center line, a dfstarq* of 29.60 ws'IeAy, d*fyttitg 9 degree
06 minutes
Seconds onds to the 4d stand d Sad peter ice. a distance of 60.05 N*%. tens mesterty, defloath 6 degree S6 minutes 17
Seconds to tut Nit ON" said 00nt4r ins. a distance of 115.34 feet thanes awstery, dKyettn0 5
I
seconds to the " along Said under fee, 4 distaw* of 151.02 feet to the sostefy ins Of Re94lewd Land Survey No. 36. film
Regfstror of Titles, acid C-- County: thence SOWwy
'
pang ask easterly /n a d stance of 362.16 Net to the
fouthsastety caroms of *aid R*Qwt~ Land Survey No 36; thence watery a" the maueW y Sim Registered
of fait fond
Survey No. 36 a distance of 0.03 Foot to the *ost 9n of Ur topb mirg demerlb
he
prap". werfter rW~ to as parch A:
Booming at the moutenest Ooner of Said Southmsst Quarter of the Masthead QorWr of Section 2; tfwnce eat a"
the mouth ins of Galt Southwest OvoRer of the NortMest OHOrter
a d0 hoe of 20 Sods; UheOno* oath 40 soft thecae
most 20 rods to f section 4e: 9rnc* *OUth 40 rods tO tut paint of be9Mwh+q
thence soutMry 060g 110 most fns M sad Poi A a distance of 3.01 foot to Ue touts am d the North tall d said
Souhwest O arter at the WwWwest O"b@r Vence eOSNAy
along sold math fin of the North Half Of the Southwest Wuartor
Of the Northwest Wuortor a astanes or 16.20 feet to a point 990.00 feet wed" from the feet pin of sold SonNnaft Qortor
Of tut Northwest Quartsr. OS meosurwd at fight 4n les to *aid watt ire; thews 11 Y, parotid am Said sad Sm. a distance
of 276.46 test to the wd"secWi wit a One described an foaoas:
Car" "G W at the southwest owner of said SowMw*M Qarter of tut NorthSest Ouster; ttneneo s ostery �n9 sold
rool
ins M
south the Southwest Quarter of tut N"Umse Oaater a distends of 330.10 feet thence r rrtferty, dsfleCti
90 degrees 06 Minutes 00 *eeonds to the yet o distance M 3312 feet
to the pant of boo,,eg Of ter line to be
described: thence eatery. PWQW with sot South ins of the Swthmemt Quatw of tut "wVv st Ouarter, a distance
of 40620 fact Ond sold lie !hers terminaft.
thence oastey obng the lost described fine a distance of 305.% felt to the interood;on with a 11" dram soutrwy. poropel
with maid most ire of the ScuMwest Ouarter of the NoRhw+sl Quarter, tom the d
point
with said most fine of the Southwest Quarter of the beginni thenp n0 rte pseMh
iforthneest Quarter a dstornos of J64.94 toot to the point of bpimirg.
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Except that pat within *aid is*romh A.
NO" caused tut Some to be Survwy*d -4 patted me SHADW MDOE and do hereby donne and dmdrcate ta the pubic for ..
pubk use forever the lee. rood and the soesrrents fa
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drainage and utility purposes as shown on the plat.
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fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
. •
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
EXHIBIT "B"
' ENERAL ONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
' following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
' 2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
' of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
' Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
' require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
' been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
' Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
' engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
' instruct its project engineer/ inspector to respond to questions
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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
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complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
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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
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Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
its
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6. License. The Developer hereby grants the City,
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
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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.
dean 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
i 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.
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15. Existing Assessments. Any existing assessments against
the plat will be re-spread > against the plat in accordance with City
standards.
' 16. street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
' electricity for each light for twenty (20) months.
17. signage. All street name, traffic signs, and wetland
' monumentation required by the City as a part of the public
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
' 18. House Pads. The Developer shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
fill on any house pad location.
' 19. Responsibility for costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
' resident construction inspections. The fee shall be shall be
calculated as follows:
' i) if the cost of the construction . of public
improvements is less than $500,000, three
percent (3%) of construction costs,
ii) if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3%) of construction
costs for the first $500,000 and two percent
(2%) of construction costs over $500,000;
iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2%%) of construction costs
for the first $1,000,000 and one and one -half
' percent (1%%) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
' defined in paragraph 6 of the Special Provisions.
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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 r
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.
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A. Construction Trailers Placement of on -site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre- construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service The Developer shall provide for the
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties Third parties shall have no recourse
against the City under this Contract.
D. Breach of Contract Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severabilitv If any portion, section,
' sentence, clause, paragraph, or phrase of this Contract
reason held invalid, such decision shall not affect the
the remaining portion of this Contract.
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subsection,
is for any
validity of
F. Building Permits Building permits will not be
issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous
surface.
G. Waivers /Amendments The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance Developer shall take out and maintain
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
GC -7
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
,
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
'
J. Remedies Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
'
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
'
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
'
K. Assignability The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
'
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction Hours The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 p.m. on
weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
'
operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. Under emergency conditions, this limitation
'
may be waived by the consent of the City Engineer.
Any approved work performed after dark shall be adequately
'
illuminated.
M. Access All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
'
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
,
N. Street Maintenance The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
'
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
'
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
'
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of City snow plowing service does not constitute final acceptance
of the streets by the City.
' 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 Regulations
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
' and commissions; .
3. United States Army Corps of Engineers;
4. Watershed District(s),
5. Metropolitan Government, its agencies,
' departments and commissions.
S. Proof of Title Upon request, the Developer shall
' furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
T. Soil Conditions The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
' members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
GC -9
U. Soil Correction The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil ,
conditions which may exist. on lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from ,
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils ,
engineer shall be provided before the City issues a building permit
for the lot. on lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a '
building on the lot.
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CHh1r FELL , L.fdl_IT` =:Clhd , >COTT FllC , F . H Ju. 1 + l 1' : i, pdo , i_ii.1' F' , Ci'
CONSENT TO
DEVELOPMENT CONTRACT
, which
holds a mortgage on the subject property, the development of which
is governed by the foregoing Development Contract, subordinates its
interest to the terms of the Development Contract and agrees that
the Development Contract shall remain in full force and effect even
if it forecloses on its mortgage.
Dated this day of
, 19
BY:
Its
' AND
its
' STATE OF MINNESOTA
ss.
' COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by
and by the
and of
on its behalf.
' Notary Publ c
CITY OF CHANHASSEN
SHADOW RIDGE
PROJECT NO. 94 -15
BREAKDOWN OF ADMINISTRATION FEES - 9/6/94
Estimated Total Cost of Public Improvements ......................... $240,767.00
- 3% of Public Improvement Costs (Under $500,000) ................... $ 7,223.00
- Street Lighting Charge (for electricity)
3 @ $200 .............. ............................... $ 600.00
- 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. Conservation Easement ... ............................... $ 30.00
d. Driveway Easement .................................... $ 30.00
- 1/3 Park & Trail Fees - 16 Lots x $1,200/3 ......................... $ 6,400.00
TOTAL ADMINISTRATION FEES ............................... $ 14,643.00