2a. Minger Addition: Development Contract, Plans and Specs.1
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CITY OF
CHANHASSEN
690 COULTER DRIVE a P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
OFFICIAL ENGINEERING COPY
MEMORANDUM Received
TO: Charles Folch, City Engineer
Revision No.
Approved by City Engineer
FROM: Dave Hempel, Assistant City Engineer Date 7 - 19- 9q
Approved by City Council
DATE: July 15, 1994
Date
SUBJ: Approve Development Contract and Construction Plans and Specifications for
Minger Addition Project No. 94 -13
The attached Development Contract incorpon
and construction plans and specifications r
financial security to guarantee compliance
' $307,000 and the Development Contract adn
of the required Park and Trail fees.
itions of approval from the final platting
ss. Staff has calculated the required
=s of the Development Contract at
ees total $16,382.50 which includes 1/3
The applicant has also submitted detailed' construction pla
and City Council approval. Staff has reviewed the construe
them in general conformance to the City standards. It
' construction plans and specifications for Minger Addition
1994 prepared by Ron Krueger & Associates, and the Deve
be approved conditioned upon the following:
1. The applicant enter into the Jeuelpment Coritr
escrow or letter of credit in the amount of $307,
$16,382.50.
ems
and specifications for staff review
i plans and specifications and finds
therefore recommended that the
led June 5, 1994, revised July 25,
iment Contract dated July 25, 1994
supply the City with a cash
pay 'an administration fee of
Attachments: 1. Development Contract daetl July 25, 1994.
2. Construction plans. Please leave your copy of the constmction plans in the
Council Chambeis for staff to collect after the meeting. Specifications are
available for review in the Engineering Department.
1 Pat & Karen Minger
I gAeng \dave \cc\minger
CITY OF CHANHASSEN
MINGER ADDITION
PROJECT NO. 94 -13
BREAKDOWN OF ADMINISTRATION FEES - 7/14/94
Estimated Total Cost of Public Improvements ......................... $278,750.00
- 3% of Public Improvement Costs (Under $500,000) .................... $ 8,362.50
- Street Lighting Charge (for electricity)
6 @ $ 200 ............... ............................... $ 1,200.00
- 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.
Ponding Easement (Demsey) ..............................
$
30.00
d.
Drainage & Utility Easement (Schmidt) ......................
$
30.00
e.
Conservation Easement ... ...............................
$
30.00
- 1/3 Park & Trail Fees - 16 Lots x $1,200/3 .......................... $ 6,400.00
TOTAL ADMINISTRATION FEES ............................... 16.382.50
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DEVELOPMENT CONTRACT
(Developer Installed Improvements)
,
MINGER ADDITION
SPECIAL PROVISIONS
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AGREEMENT dated July 25, 1994, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
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PATRICK J. MINGER AND KAREN C. MINGER, husband and wife (the
"Developer ") .
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1. Request for Approval. The Developer has asked the City
to approve a grading permit in conjunction with the proposed plat
for Minger Addition (referred to in this Contract as the "plat ").
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The land is legally described on the attached Exhibit "A ".
2. conditions of Approval. The City hereby approves the
site grading on condition that the Developer enter into this
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Contract and furnish the security required by it.
3. Development Plans. The property shall be developed in
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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
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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:
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Pla p p Y er & Associates. g
Plan A - -Plat prepared b Ron Krueger
Plan B -- Grading, Drainage and Erosion Control Plan dated
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June 17, 1994, revised July 25, 1995 prepared by
Ron Krueger & Associates.
Plan C- -Plans and Specifications for Improvements dated
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June 5, 1994, revised July 25, 1994, prepared by
prepared by Ron Krueger & Associates.
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Plan D -- Landscape plan dated 19 ,
prepared by
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Revised 3/22/94
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4. Improvements.
the following:
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The Developer shall install and pay for
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
M. Trails
N. Retaining Walls
5. Time of Performance. Tr
required improvements by November
however, request an extension of
extension is granted, it shall be
security posted by the Developer to
extended completion date.
te Developer shall install all
15. 1995 The Developer may,
time from the City. If an
conditioned upon updating the
reflect cost increases and the
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
5307,000.00 The amount of the security was calculated as 110% of
the following:
Sanitary sewer . . . . . . . . . . . . . $ 60,050.00
Watermain . . . . . . . . . . . . . . . . $ 52,200.00
Storm drainage system . . . . . . . . . . $ 58,500.00
Streets . . . . . . . . . $ 71,000.00
Street lights and signs . . . $ 2.000.00
Erosion control & tree preservation fence $ 3.000.00
Engineering, surveying, and inspection . $ 20.000.00
Landscaping & site restoration . . . . . $ 12,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 278.750.00
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1995 The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
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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: '
Patrick & Karen Minger
8221 Galpin Boulevard
Chanhassen, MN 55317
(612) 470 -1753
Notices to the City shall be in writing and shall be either hand ,
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900. ,
S. other Special conditions. (This section to include
conditions of approval from the plat review and plan and ,
specification review process).
A. Accept full park and trail dedication fees as
prescribed by city ordinance for the Minger subdivision in lieu of i
land acquisition.
B. Warranty
connection to the city
trail stub within Outlot
for this construction.
buffer between Outlot A
Lot 17.
Deed Outlot A to the city as a trail '
park and construct an 8 ft. wide asphalt
A. The city shall reimburse the developer
In addition, design an adequate landscape '
and the home which will be constructed on
C. Prior to final platting, the applicant will be ,
required to provide a boulevard landscaping plan for the first 300
feet of the entrance road into the development in order to replace
the existing vegetation that will be removed as part of the road ,
and utility grading into the site. A Woodland Management Plan
shall be developed for the subdivision prior to the final platting
of the property. This plan shall comply with Section 18 -61 (d) (3) '
of the City Code.
D. Incorporate a fifty (50) foot tree conservation area '
be dedicated along the perimeter of the plat, except for Lot 7
where a thirty (30) foot easement will be required and Lot 8 along
the easterly property line where a forty (40) foot easement will be
required. Within this area only selective thinning to promote the '
health and survivability of trees will be permitted or such other
clearing or preventative care measures as delineated in the
woodland management plan. Additionally, this area, especially '
along the northern border of the plat, could be used as a
forestation or replacement area for trees. Thinning, forestation,
and tree replacement are conditioned on the development of a
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Woodland Management Plan by a forestry professional that would
address these issues. The following tree conservation easements
would also be dedicated as part of the plat: a fifty (50) foot
easement along the rear lot lines of Lots 10, 11, and 15: a forty
(40) foot easement along the easterly property line of Lot 14; an
easement over the southern 115 feet of Lot 13; and an eighty (80)
foot easement along the east lot line of Lot 16. No construction
activity of any kind will be permitted within these easements
except the drainage the installation in the rear yards of Lots 10
and 11, the removal of the existing driveway in Lots 1, 2, and 3,
and the placement of small sheds, storage structures, or play
equipment under guidelines incorporated in the Woodland Management
Plan. The applicant shall work with staff on the adjustment of
easements and house pads on individual lots to save additional
trees.
E. The applicant shall include runoff from the cemetery
in the proposed pond design and construction.
F. Remove the applicant's existing private driveway
once the street is paved with the first lift of asphalt.
G. Provide water quantity /quality ponding according to
SWMP requirements.
' H. The applicant shall employ the use of retaining
walls to save the 34 -inch oak and 28 -inch oak on Lot 1, Block 1.
I. Submit proposed street names to the Public Safety
Department - Inspections Division, for review prior to final plat
approval. The plat must be revised to include the approved names
after their review and approval. The existing homes will be
required to change their addresses consistent with the new street
names and numbering system
J. Compliance with the terms and conditions contained
in the memorandum from Bill Weckman, Assistant Carver County
Engineer to Bob Generous dated 4/25/94.
K. Detailed construction drawings and specifications
for the public improvements will be required for submittal with
final plat approval. All street and utility construction shall be
in accordance to the City's latest edition of Standard
Specifications and Detail Plates. Final construction drawings are
subject to staff review and formal City Council approval.
L. Prior to the city signing the final plat, the
applicant will be required to enter into a development contract
with the City and provide the necessary financial security to
guarantee installation of the public improvements and conditions of
approval.
M. The Minger's house shall be connected to sanitary
sewer within 30 days after the line becomes operational. The
Dempsey's house will have to connect to sanitary sewer within 12
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months after connection becomes available. The homes may utilize
their existing wells until they fail, then the parcels must connect
to city water. The existing septic systems shall be abandoned per
state and /or local codes.
N. The applicant shall apply and obtain all the
necessary permits of the regulatory agencies such as MPCA, health
department, watershed district, DNR and Carver County Highway
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Department.
0. The developer shall report to the City Engineer the
location of any drain tiles found during construction.
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P. The applicant shall submit storm drainage and
ponding calculations verifying the pipe sizing and pond volumes.
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Storm sewers shall be designed and constructed to handle 10 -year
storm events. Detention ponds shall be constructed to NURP
standards as well as maintain the surface water discharge rate from
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the subdivision at the predeveloped runoff rate for a 100 -year,
24 -hour storm event. Drainage plans shall be consistent with the
City of Chanhassen's Best Management Practices Handbook.
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Q. A 10 -foot clear space must be maintained around fire
hydrants so as to avoid injury to fire fighters and to be easily
recognizable, i.e. NSP transformers, street lighting, cable boxes,
landscaping.
R. The developer and /or property owners shall waive any
and all procedural or substantive objections to the special
assessments including, but not limited to, hearing requirements and
any claims that the assessment exceeds the benefit to the property.
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S. The applicant shall provide the City with security
for the Stormwater Quantity fees in the amount of $18,731.00. The
applicant will be required to escrow with the City by letter of
credit or cash escrow the water quantity fees until such time as
the City Council formally adopts the Surface Water Management Plan.
If the amount of the assessment changes, the applicant's account
would be changed accordingly. Upon approval of the Surface Water
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Management Plan, these fees shall become due.
T. The most westerly cul -de -sac adjacent to the Dempsey a
property will be a temporary private street until the Dempsey
property develops further. At that time, Benwood- Circle shall be
improved with a 31 -foot wide urban city street section and storm '
sewer improvements as shown on the approved construction plans for
Minger Addition dated June 5, 1994, revised July 25, 1994. The
streets and storm sewer improvements shall be installed at the sole
expense of whomever develops the Dempsey property.
U. Final plat shall include a 10 -foot wide drainage and
utility easement along the south, east and north property lines. '
The plat currently proposes a 5 -foot wide easement only.
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V. Property owners of Lots 14, 15, 16 and 17, Block 1,
Minger Addition, shall be responsible for the maintenance of
Benwood Circle including but not limited to snow plowing until
Benwood Circle is fully upgraded to an urban city street. A sign
shall be installed at the beginning of the driveway indicating that
this is a private driveway and will be upgraded in the future.
' W. The applicant shall provide a drainage and utility
easement for the stormwater pond proposed on the .Dempsey parcel and
a drainage and utility easement a minimum of 20 -feet wide over the
Schmidt parcel directly south of the stormwater retention pond
' prior to the final plat being recorded.
X. Upon completion, the developer shall dedicate to the
City, the utility and street improvements constructed with the
public right -of -way and drainage and utility easements for
permanent ownership.
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
BY
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
RY!
Patrick J. Minger
Karen C. Minger
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
l 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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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 1 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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DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not, with the exception of site grading,
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, 4) the City Engineer has issued
a letter that the foregoing conditions have been satisfied and then
the Developer may proceed, and 5) the City Council has approved the
final plat and the final plat has been recorded.
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
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7. site Erosion control. Before the site is rough graded,
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
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Developer or his engineer shall schedule a preconstruction meeting
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at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
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for the construction work. Within sixty (60) days after the
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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
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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
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utility stubs, and (6) bench mark network.
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5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
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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
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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
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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
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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
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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
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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
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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
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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
Oak
Hawthorn
Hickory
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Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (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.
City "as- built" plans
fill on any house pad
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The Developer shall promptly furnish the
indicating the amount, type and limits of
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 '
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 tor 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.
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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. Relea 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. In surance . Developer shall take out and maintain
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
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occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
,
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
'
J. Remedies Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
,
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
'
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
'
K. 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
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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
1 use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
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U. Soil Correction The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a ,
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill '
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit '
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot. '
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