1g-2. Minnewashta Landings Development Construction and Construction Plans & SpecificationsI
CITY OF I '-'-
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles Folch, Director of Public Works /City Engineer
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FROM: Dave Hempel, Assistant City Engineer A A
DATE: June 7, 1994
ktlon by CRy mm"""
Endorse 1(
1Nodi� "
Rejecte
Date Submitted to Commisdlo
Date Submlted to Coura .
SUBJ: Approve Development Contract and Construction Plans and Specifications for Minnewashta
Landings - Project No. 94 -4
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 $675,000 and the development contract administration fees total
$29,096 which includes 1/3 of the required park and trail fees for 26 lots ($10,296).
The applicant has also submitted detailed construction plans and specifications for staff review and City Council
approval. Staff has reviewed the construction plans and specifications and find the specifications are in general
conformance to the City standards. It is therefore recommended that the construction plans and specifications for
Minnewashta Landings dated May 6, 1994, revised June 13, 1994 prepared by Sathre - Bergquist, Inc. and the
development contract dated June 13, 1994 be approved conditioned upon the following:
1. The applicant enter into the development contract and supply the City with a cash escrow or letter of credit
in the amount of $675,000 and pay an administration fee of $29,096.
jms
Attachments: L Development contract dated June 13, 1994.
2. Construction plans. Please leave your copy of the construction plans in the Council
Chambers for staff to collect after the meeting. ;Specifications are available for review
in the Engineering Department
c: Mr. Ken Durr, Developer
g:ke g \dave\cc\1md np
CITY OF CHANHASSEN
MINNEWASHTA LANDINGS
PROJECT NO. 94 -4
BREAKDOWN OF ADMINISTRATION FEES - 6/7/94
Estimated Total Cost of Public Improvements ......................... $613,500.00
- 3% of Public Improvement Costs (Under $500,000) ................... $ 15,000.00
- 2% of Public Improvement Costs (Over $500,000) ..................... $ 2,270.00
- Street Lighting Charge (for electricity)
6 @ $ 200 ............... ............................... $ 1,200.00
- Final Plat Process (Attorney Escrow Fee for Review and Recording of Plat
and Development Contract) .. ............................... $ 250.00
- Recording Fees
a. Development Contract .... ............................... $ 25.00
b. Plat Filing ............ ............................... $ 30.00
c. Tree Conservation Easements .............................. $ 25.00
- Park and Trail Fees (1/3) - 26 Lots @ $1,200 x 1/3 ................... $ 10,296.00
TOTAL ADMINISTRATION FEES ............................... $ 29.096.00
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
MINNEWASHTA LANDINGS
SPECIAL PROVISIONS
AGREEMENT dated June 13, 1994, by and between
CHANHASSEN, a Minnesota municipal corporation (the
KENNETH C. DURR AND DONNA M. DURR, HUSBAND
"Developer ") .
the CITY OF '
"City ") , and
AND WIFE (the
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for Minnewashta Landings (referred to in
this Contract as the "plat "). The land is legally described on the
attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A - -Plat approved by the Chanhassen City Council on
June 13, 1994.
Plan B -- Grading, Drainage and Erosion Control Plan dated
May 2, 1994, prepared by Sathre- Bergquist, Inc.
Plan C- -Plans and Specifications for Improvements dated
May 6, 1994, prepared by Sathre- Bergquist, Inc.
Plan D -- Landscape Plan date May 2, 1994 prepared by
Keenan & Sveiven, Inc.
Revised 3/22/94
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4. Improvements. The Developer shall install and pay for
the following:
' 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
$675,000. The amount of the security was calculated as 110% of the
following:
r Site
Grading . . . . . . . . . . . .
A. Sanitary Sewer System
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. . $ 72,000.00
B. Water System
Watermain . . . . . . . . . . . . . .
. . $ 64,000 * 00
C. Storm Water Drainage System
. . $ 76,000.00
Streets . . . . . . . . . .
D. Streets
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. . $ 2,000.00
E. Concrete Curb and Gutter
Erosion control . : . . . . . . .
$ 9,500.00
'
F. Street Signs
Landscaping . . . . . . . . . . . . .
. . $ 100,000.00
G. Street Lights
TOTAL COST OF PUBLIC IMPROVEMENTS . .
. . $ 613,500.00
H. Site Grading
'
on the use of the security. The security shall
be subject to the
I. Underground Utilities (e.g. gas,
electric,
for a term ending
telephone, CATV)
security, without
'
notice, for any violation of the terms of this
J. Setting of Lot and Block Monuments
K. Surveying Staking
'
required public improvements are not completed at least thirty (30)
and
days prior to the expiration of the security,
the City may also
5.
Time of Performance. The Developer
shall install all
required
improvements by November 15, 1995.
The Developer may,
however,
request an extension of time from
the City. If an
extension is granted, it shall be conditioned
upon updating the
security
posted by the Developer to reflect cost
increases and the
'
extended
completion date.
' 6. security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
' credit from a bank, cash escrow, or equivalent ( "security ") for
$675,000. The amount of the security was calculated as 110% of the
following:
r Site
Grading . . . . . . . . . . . .
. . $ 120,000 * 00
Sanitary sewer . . . . . . . . . . .
. . $ 72,000.00
Watermain . . . . . . . . . . . . . .
. . $ 64,000 * 00
On -site storm sewer . . . . . . . . .
. . $ 76,000.00
Streets . . . . . . . . . .
. . $ 124, 000.00
Street lights and signs . . . . . . .
. . $ 2,000.00
Erosion control . : . . . . . . .
$ 9,500.00
'
Engineering, surveying, and inspection $ 46,000.00
Landscaping . . . . . . . . . . . . .
. . $ 100,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS . .
. . $ 613,500.00
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,
used to cure the default. With City approval, the
the draw shall be
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:
Mr. Ken Durr
4830 Westgate Road
Minnetonka, MN 55343
Telephone: 935 -7789
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.
A. 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.
B. All areas disturbed during site grading shall be
immediately restored with seed and disc - mulched or wood -fiber
blanket or sod within two weeks of completion of site grading
unless the City's Best Management Practice Handbook planting dates
dictate otherwise. All disturbed areas with slopes of 3:1 or
greater shall be restored with sod or seed and wood -fiber blanket.
C. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates.
D. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Watershed District,
MWCC, Health Department, PCA, DNR, Army Corps of Engineers and
MnDOT and comply with their conditions of approval.
E. The applicant shall enter into a development
contract with the City and provide the necessary financial security
to guarantee compliance with the terms of the development contract.
F. The applicant shall submit to the City soil boring
information and include a drain tile system in accordance with the
construction plans.
G. The appropriate drainage and utility easements
should be dedicated on the final plat for all utilities and ponding
areas lying outside the right -of -way. The easement width shall be
a minimum of 20 feet wide. Consideration should also be given for
access for maintenance of the ponding areas.
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H. No berming or landscaping will be allowed within the
right -of -way.
I. The proposed stormwater ponds shall be designed and
constructed with side slopes of 10:1 for the first ten feet and no
more than 3:1 thereafter for safety and water quality purposes.
The applicant may elect to design and construct the stormwater
' ponds with overall 4:1 slopes in lieu of the 10:1 slopes for the
first 10 feet. Revised ponding calculations shall be submitted to
the City Engineer for review and approval.
' J. Existing wells and /or septic systems will have to be
properly abandoned.
' K. All lots shall take direct access from the interior
streets and not Minnewashta Parkway or Highway 7.
L. The applicant shall be responsible for 20 additional
Minnewashta Parkway assessment units. The rate per unit is
$760.00.
' M. Prior to issuance of a building permit for Lot 6,
Block 2, a grading and drainage and erosion control plan shall be
submitted to the City Engineer for review and approval.
N. Outlot B shall be deeded to the city for future
access to the Ironwood residents. A traffic barricade shall be
placed at the east end of Outlot B with a sign indicating this
driveway may be extended in the future.
O. Variance from the side yard setback requirement
' shall be reduced to 10 feet on flag lots located on Lots 11 and 16,
Block 1.
P. Park and trail fees in lieu of parkland dedication
and trail construction at the rate in force at the time of building
permit application with one -third of the park and trail fees paid
at the time of final plat.
Q. The wood fence along Minnewashta Parkway requires a
separate permit.
' R. "No Parking" signs shall be posted on the inside and
outside of the landscaped islands of the cul -de -sacs. The City
' Council shall consider adopting a resolution prohibiting parking in
these areas.
' S. The developer shall provide for a homeowners
association to maintain the landscaped islands and decorative
street lights. If the homeowners association fails to properly
maintain these areas, the city shall have the right to remove the
' islands. The city shall not be responsible for damage to the
islands as a result of maintenance of the city's right -of -way.
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T. The developer shall develop landscaping and tree
preservation in compliance with the landscaping plan dated May 2,
1994. Trees to be preserved on the landscaping plan are identified
on the tree survey dated September 14, 1992 and revised March 21,
1994.
U. The driveway access to Lot 3, Block 1 shall be
limited to either Landings Drive or Landings Court but not both.
V. The final plat shall be revised to include drainage
and utility easements over the following areas:
1. The easterly 20 feet of Lots 9, 10 and 11,
Block 2.
2. A 20 -foot wide drainage and utility easement
centered over the existing sanitary sewer line
which encroaches over Lots 1 through 9, Block
2 and Outlot A.
W. The storm sewer outlet from Outlot A pond shall be
redirected into Lake Minnewashta unless a drainage and utility
easement is provided over the "reservation" strip of land adjacent
to Outlot A.
X. The Surface Water Management water quantity fees
will be determined upon review of the final pond design to be
prepared by the applicant's engineer. 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.
Y. The applicant may be authorized by staff to commence
site grading and tree removal after executing the development
contract and supplying the city with the required financial
security and administration fees.
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
( SEAL)
BY:
Donald J. Chmiel, Mayor
Don Ashworth, City Manager
AND:
DEVELOPER:
BY:
Kenneth C. Durr
BY:
Donna M. Durr
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of . 19 by Kenneth C. Durr and Donna M.
Durr, husband and wife.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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EXHIBIT " A " I
LEGAL DESCRIPTION OF SUBJECT PROPERTY: I
Tract D, REGISTERED LAND SURVEY NO. 9, files of the Registrar of
Titles, and ,
That part of Government Lot 4, and the Northwest Quarter of Section
5, Township 116, Range 23, and Lot 1, SCHMID'S ACRE TRACTS,
according to the recorded plat thereof which lies west of '
REGISTERED LAND SURVEY NO. 9, files of the Registrar of Titles, and
which lies northeasterly of a line 50.00 feet northeasterly of and
parallel with the northeasterly line of Lot 1, Block 1, WASHTA BAY ,
COURT, according to the recorded plat thereof, and which lies
southeasterly of the southeasterly right of way line of Minnewashta
Parkway, as traveled, and which lies southerly of the following
described line:
Commencing at the Judicial Landmark on the north line of
said Government Lot 4, set pursuant to Torrens Case No.
41 distant 479.83 feet east of the South Quarter corner
'
of Section 32, Township 117, Range 23; thence on an
assumed bearing of South along the extension northerly of
the west line of REGISTERED LAND SURVEY NO. 9, a distance
'
of 636.90 feet to the point of beginning of the line to
be described; thence South 62 degrees 30 minutes 00
seconds West, 874.50 feet; thence South 26 degrees 00
,
minutes 00 seconds West, 4.08 feet to the southeasterly
line of Minnewashta Parkway, as traveled, and its
northeasterly extension; thence South 26 degrees 36
minutes 27 seconds West along the northeasterly extension
,
of Minnewashta Parkway 75.42 feet to the southerly right
of way line of State Highway No. 7 and said line there
terminating.
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CONSENT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , lg ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
1. Right to proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the 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 Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
5. Iron monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. site Erosion control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
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8. clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area '
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and ownership of Improvements. Upon '
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the ,
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that ,
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from '
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of ,
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125% '
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that '
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
,
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
'
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
'
paid.
12. Landscaping. Unless the lot already has one tree in the
'
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
'
Maples Birch
Linden Ginkgo
Locust Kentucky Coffee Tree
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Hackberry Hawthorn
Oak Hickory
' Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
' bark, are prohibited. The minimum tree size shall be two and
one -half (2 inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
' base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee in the
form of cash or letter of credit shall be provided to the City.
' These conditions must then be complied with within two (2) months
after the certificate of occupancy issued, except that if the
certificate of occupancy is issued between October 1 through May 1
' these conditions must be complied with by the following July 1st.
Upon expiration of the time period, inspections will be conducted
by City staff to verify satisfactory completion of all conditions.
' City staff will conduct inspections of incomplete items with a
$50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactory inspection, the financial guarantee
shall be returned. If the requirements are not satisfied, the City
' may use the security to satisfy the requirements. The City may
also use funds for maintenance of erosion control or to satisfy any
other requirements of this Contract or of City ordinances. The
' City has established the financial guarantee at $750.00 per lot;
however, this may be increased annually based upon cost. These
requirements supplement, but do not replace, specific landscaping
conditions that may have been required by the City Council for
' project approval.
13. warranty. The Developer warrants all work required to be
' performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
' good quality, and disease free at the time of planting. All
landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to
' secure the warranties at the time of final acceptance.
14. Lot Plana. 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 f
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.
'
(2 %) of construction costs over $500,000;
18. House Pads. The Developer
shall promptly
furnish the
'
City "as- built" plans indicating the
amount, type and limits of
for the first $1,000,000 and one and one -half
percent (1% %) of construction costs over
fill on any house pad location.
$1,000,000.
'
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 I
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.
GC -5
i
B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
accordance with Article 17E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. Developers Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
GC -6
A. Construction Trailers Placement of on -site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre - construction
meeting for installation of public improvements. Trailers shall be
,
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
,
B. Postal Service The Developer shall provide for the
maintenance of postal service in accordance with the local
Postmaster's request.
'
C. Third Parties Third parties shall have no recourse
against the City under this Contract.
,
D. Breach of Contract Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
'
E. Severabili.ty 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.
Permits Building be
'
F. Building permits will not
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
1
F1
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
F
u
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction Hours The normal construction hours
under this contract shall be from 7 :00 a.m. to 7:00 p.m. on
weekdays, from 9:00 a . m. to 5:00 p . m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. Under emergency conditions, this limitation
may be waived by the consent of the City Engineer.
Any approved work performed after dark shall be adequately
illuminated.
M. Access All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
N. Street Maintenance The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
GC -8
of City snow plowing service does not constitute final acceptance
of the streets by the City.
0. Storm Sewer Maintenance The Developer shall be i
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 I
C�
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
' project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
I GC -10
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.
I GC -10
1
ADD/ rtoN �a
/7��-7W s,�qlz�
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
MINNEWASHTA LANDINGS
i SPECIAL PROVISIONS
AGREEMENT dated June 13, 1994, by and between the CITY OF
' CHANHASSEN, a Minnesota municipal corporation (the "City "), and
KENNETH C. DURR AND BeNNA M. BURR HUSBMiB AND 143EFE (the
"Developer ").
' 1. Request for Plat Approval. The Developer has asked the
City to approve a plat for Minnewashta Landings (referred to in
' this Contract as the "plat "). The land is legally described on the
attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
' the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
' 3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
' may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
' Plan A - -Plat approved by the Chanhassen City Council on
June 13, 1994.
' Plan B -- Grading, Drainage and Erosion Control Plan dated
May 2, 1994, prepared by Sathre - Bergquist, Inc.
' Plan C- -Plans and Specifications for Improvements dated
May 6, 1994, prepared by Sathre - Bergquist, Inc.
I Plan D -- Landscape Plan date May 2, 1994 prepared by
Keenan & Sveiven, Inc.
1
Revised 3/22/94
SP -1
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. Ken Durr
' 4830 Westgate Road
Minnetonka, MN 553445
Telephone: 935 -7789
' 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.
A. 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.
B. All areas disturbed during site grading shall be
' immediately restored with seed and disc - mulched or wood -fiber
blanket or sod within two weeks of completion of site grading
unless the City's Best Management Practice Handbook planting dates
' dictate otherwise. All disturbed areas with slopes of 3:1 or
greater shall be restored with sod or seed and wood -fiber blanket.
C. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates.
' D. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Watershed District,
MWCC, Health Department, PCA, DNR, Army Corps of Engineers and
MnDOT and comply with their conditions of approval.
E. The applicant shall enter into a development
contract with the City and provide the necessary financial security
' to guarantee compliance with the terms of the development contract.
F. The applicant shall submit to the City soil boring
information and include a drain tile system in accordance with the
construction plans.
' G. The appropriate drainage and utility easements
should be dedicated on the final plat for all utilities and ponding
areas lying outside the right-of-way. way. The easement width shall be
a minimum of 20 feet wide. Consideration should also be given for
access for maintenance of the ponding areas.
SP -3
1
iJ
H. No berming or landscaping will be allowed within the
right -of -way other than the cul -de -sac islands and center median on
Landings Drive.
I. The proposed stormwater ponds shall be designed and
constructed with side slopes of 10:1 for the first ten feet and no
more than 3:1 thereafter for safety and water quality purposes.
The applicant may elect to design and construct the stormwater
ponds with overall 4:1 slopes in lieu of the 10:1 slopes for the
first 10 feet. Revised ponding calculations shall be submitted to
the City Engineer for review and approval.
J. Existing wells and /or septic systems will have to be
properly abandoned.
K. All lots shall take direct access from the interior
streets and not Minnewashta Parkway or Highway 7.
L. The applicant shall be responsible for 20 additional
Minnewashta Parkway assessment units. The rate per unit is
$760.00.
M. Prior to issuance of a building permit for Lot 6,
Block 2, a grading and drainage and erosion control plan shall be
submitted to the City Engineer for review and approval.
N. Outlot B shall be deeded to the city for future
access to the Ironwood residents. A traffic barricade shall be
placed at the east end of Outlot B with a sign indicating this
driveway may be extended in the future.
' O. Variance from the side yard setback requirement
shall be reduced to 10 feet on flag lots located on Lots 11 and 16,
' Block 1.
P. Park and trail fees in lieu of parkland dedication
and trail construction at the rate in force at the time of building
' permit application with one -third of the park and trail fees paid
at the time of final plat.
Q. The wood fence along Minnewashta Parkway requires a
separate permit.
R. "No Parking" signs shall be posted on the inside and
outside of the landscaped islands of the cul -de -sacs. The City
Council shall consider adopting a resolution prohibiting parking in
these areas.
S.
The
developer
shall provide for a homeowners
association to
maintain the
landscaped islands and decorative
'
street lights.
maintain these
If the homeowners
areas, the city
association fails to properly
shall have the right to remove the
islands. The
city
shall not
be responsible for damage to the
islands as a result
of maintenance
of the city's right -of -way.
SP -4
1 W. The storm sewer outlet from Outlot A pond shall be
redirected into Lake Minnewashta unless a drainage and utility
easement is provided over the "reservation" strip of land adjacent
to Outlot A.
X. The Surface Water Management water quantity fees
will be determined upon review of the final pond design to be
prepared by the applicant's engineer. 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.
Y. The applicant may be authorized by staff to commence
site grading and tree removal after executing the development
contract and supplying the city with the required financial
security and administration fees.
' Z. The developer may use Outlot B as an access to the
subdivision until October 31, 1995.
' 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.
SP -5
T.
The developer shall develop landscaping and tree
preservation
in compliance with the landscaping plan dated May 2,
1994. Trees
to be preserved on the landscaping plan are identified
on the tree
survey dated September 14, 1992 and revised March 21,
1994.
U.
limited to either
The driveway access to Lot 3, Block 1 shall be
Landings Drive or Landings Court but not both.
V.
The final plat shall be revised to include drainage
and utility
easements over the following areas:
1. The easterly 20 feet of Lots 9, 10 and 11,
Block 2.
2. A 20 -foot wide drainage and utility easement
1
centered over the existing sanitary sewer line
which encroaches over Lots 1 through 9, Block
2 and Outlot A.
1 W. The storm sewer outlet from Outlot A pond shall be
redirected into Lake Minnewashta unless a drainage and utility
easement is provided over the "reservation" strip of land adjacent
to Outlot A.
X. The Surface Water Management water quantity fees
will be determined upon review of the final pond design to be
prepared by the applicant's engineer. 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.
Y. The applicant may be authorized by staff to commence
site grading and tree removal after executing the development
contract and supplying the city with the required financial
security and administration fees.
' Z. The developer may use Outlot B as an access to the
subdivision until October 31, 1995.
' 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.
SP -5
CITY OF CHANHASSEN
(SEAL)
BY:
Donald J. Chmiel, Mayor
AND:
Don Ashworth, City Manager
DEVELOPER:
BY:
Kenneth C. Durr
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
Ll
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of . 19 , by Kenneth C. Durr and Denna M.
Bur h usband and w4:fe
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -6