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1a-2. Approve Development Contract and Construction Plans and SpecsCITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Admtrgto7 inis in Endorse l�sd,+ Modified Rejected TO: Charles Folch, City Engineer/Director of Public Works Dat Date Submitted to Commis" ' FROM: Dave Hempel, Assistant City Engineer Date Submitted to Corti DATE: March 9, 1995 3 s SUBJ: Approve PUD/Development Agreement and Construction Plans and Specifications for Powers Place and Powers Place Second Addition - Project No. 95 -4 ' The attached PUD /development agreement includes the conditions of approval from the final platting and construction plan and specification review process. Shad any of the conditions of approval for final plat be amended during the City Council meeting, they should aljne amended in the PUD /development agreement. The applicant is proceeding ahead with the two -plat scenart, at I4 time for financial reasons and marketing. The PUD /development agreement includes all the securityl'ost5 end administration fees for both phases. Staff has calculated the required financial security to guarantee oomplia .1 a with the terms of both developments at $117,500 ' and the development contract administration fees are `stimated t $44,651. However, these fees may be adjusted upon final review of the storm drainage calculation vhich may ower the SWMP fees. In addition, one -third of the Park and Trail fees still need to be included. R ,erefore, staff" has not listed the total in the conditions below. The applicant has also submitted detailed construction plans for boih phases for staff to review and City Council v approval. Staff has reviewed the construe tibn plans and specilttrations and finds that they are in general ' conformance to the City's standards however, modifications are a still needed to the documents. Since the modifications are relatively minor, staf nests that the City Council grant staff the ability to administratively approve the construction plans and spe6 ' cations after working with the applicant's engineer and modifying the plans accordingly. It is therefore recormpiWed that the construction plans and ecifications for Powers Place and Powers t Place Second Addition pre p4 by Rehder and Associates Inc and the PUD /development agreement dated March 13, 1995 be approvedi tp itaoped ao z the Qll � in � < , 1. The applii rent ©h'�lt3laprnntrgiriKre€r'gsuPly file City w a cash escrow or letter of ere it `. the amount of $117,500 and pay an administration fee m a l rdance with the PUD /development agreertrent x 2. The applicant's engineer shall work with City &af te�tsit 'the " construction plans and specifications. g k OFFICIAL ENGINEERING C ' ktm q , Received Attachments: 1. PUD/Development Agreement dated March 13, 1995. Revision No. 2. Construction plans dated February 3, 1995. 3. Breakdown of administration fees. Ap p r oved Z NOTE: Please leave your copy of the plans in the Council Chambers for staff to pick up after the meeting. Specifications are available for review in the Engineering Department. Approved by C4 00" i Date c: Jim Jasper, Jasper Homes ' g: \eng \dave \projects \powera \devcon.cc MEMORANDUM CITY OF CHANHASSEN ' CARVER AND HENNEPIN COUNTIES, MINNESOTA POWERS PLACE AND POWERS PLACE SECOND ADDITION t PUD AGREEMENT /DEVELOPMENT CONTRACT (Developer Installed Improvements) 1 1 r J C TABLE OF CONTENTS ' PAGE SPECIAL PROVISIONS 1. REQUEST FOR PLAT APPROVAL . . . . . . . . . . . . . SP -1 ' 2. CONDITIONS OF PLAT APPROVAL . SP -1 3. ZONING . . . . . . . . . . . . . . . . . . . . . . . . SP -1 4. DEVELOPMENT PLANS . . . . . . . . . . . . . . . . SP -1 5. IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . SP -2 6. TIME OF PERFORMANCE . . . . . . . . . . . . . . . . . SP-2 7. SECURITY . . . . . . . . . . . . . . . . . . . . . . . SP -2 8. NOTICES . . . . . . . . SP -3 9. OTHER SPECIAL CONDITIONS . . . . . . . . . . . . . . . SP -3 10. GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . SP -6 ' GENERAL CONDITIONS 1. RIGHT TO PROCEED . . . . . . . . . . . . . . . . . . . GC -1 2. PHASE DEVELOPMENT . . . . . . . . . . . . . . . . . GC -1 3. EFFECT OF SUBDIVISION APPROVAL . . . . . . . . GC -1 4. IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . GC -1 ' 5. IRON MONUMENTS . . . . . . . . . . . . . . . . . . . . GC -2 GC -2 6. LICENSE 7. SITE EROSION CONTROL . . . . . . . . . . . . . . . . . GC -2 7A. EROSION CONTROL DURING CONSTRUCTION OF A OR OTHER DWELLINGER ' BUILDING . . • 8. CLEAN UP . . . . . . . . . . . . . . . . . . . . . . . GC -3 ' 9. 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS CLAIMS . . . . . . . . . . . . GC -3 GC -3 11. . . . . . . . . . . . . PARK AND TRAIL DEDICATION . . . . . . . . . . . . . GC -3 12. LANDSCAPING . . . . . . . . . . . . . . . . . . . . . GC -3 13. WARRANTY . GC -4 ' 14. LOT PLANS . . . . . . . . . . . . . . . . . . . . . . GC -4 15. EXISTING ASSESSMENTS . . . . . . . . . . . . . . . . . GC -5 16. STREET LIGHTING . . . . . . . . . . . . . . . . . GC -5 ' 17. SIGNAGE • . . GC -5 18. HOUSE PADS . . . . . . . . . . . . . . . . . . . . . . GC -5 19. RESPONSIBILITY FOR COSTS . . . . . . . . . . . . . . . GC -5 20. DEVELOPER'S DEFAULT . . . . . . . . . . . . . . . . . GC-6 21. MISCELLANEOUS A. Construction Trailers . . . . . . . . . . . . . . GC -7 B. Postal Service . . . . . . . . . . . . . . . . GC -7 C. Third Parties • . GC -7 D. Breach of Contract . . . . . . . . . . . . . . . GC -7 E. Severability . . . . . . . . . . . . . . . . . . GC -7 ' F. Building Permits . . . . . . . . . . . . . . . . GC -7 G. Waivers /Amendments . . . . . . . . . . . . . . . GC -7 H. Release . . . . . . . . . . . . . . . . . . . . . GC -7 ' I. Insurance . . . . . . . . . . . . . . . . . . GC -7 GC-8 J. Remedies . . . . . . . . . . . . . . . . . . . . GC -8 K. Assignability . . . . . . . . . . . . . . . . . . L. Construction Hours . . . . . . . . . . . . . . GC -8 M. Access . GC -8 N. Street Maintenance . . . . . . . 0. Storm Sewer Maintenance . . . . . P. Soil Treatment Systems . . . . . Q. Variances . . . . . . . . . . . . R. Compliance with Laws, Ordinances, S. Proof of Title . . . . . . . . . T. Soil Conditions . . . . . . . . . U. Soil Correction . . . . . . . . . . . . . . . . . GC -8 . . . . . . . . GC -9 . . . . . . . . GC -9 . . . . . . . . GC -9 and Regulations GC -9 . . . . . . . . GC -9 . . . . . . . . GC -9 . . . . . . . . GC -10 ii CITY OF CHANHASSEN PLANNED UNIT DEVELOPMENT AGREEMENT DEVELOPMENT CONTRACT (Developer Installed Improvements) POWERS PLACE AND POWERS PLACE SECOND ADDITION SPECIAL PROVISIONS AGREEMENT dated March 13, 1995, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and JASPER DEVELOPMENT CORPORATION OF WACONIA, a Minnesota corporation (the "Developer "). 1. Request for Plat Approval. The Developer has asked the ' City to approve plats for POWERS PLACE AND POWERS PLACE SECOND ADDITION (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. Zoning. The plats are being rezoned to Planned Unit Development (PUD). Except as specifically modified herein, the ' uses, requirements, and standards of the "PUD ", as may be amended, shall apply to the subject property. ' 4. Development Plans. The plats 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- -Final plats prepared by Rehder and Associates and approved by the Chanhassen City Council on March 13, 1995. Plan B -- Grading, Drainage and Erosion Control Plan dated February 3, 1995, prepared by Rehder & Associates. ' Plan C- -Plans and Specifications for Improvements dated February 3, 1995, prepared by Rehder & Associates. Plan D -- Landscape Plan dated 1995 prepared Minnesota Landscape Products. Revised 3 /22/94 I SP -1 5. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Signs G. Street Lights H. Site Grading I. Underground Utilities (e.g. gas, electric, telephone, CATV) J. Setting of Lot and Block Monuments K. Surveying and Staking L. Wetland Monumentation M. Landscaping 6. 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. 7. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security ") for $ 117,500.00 . The amount of the security was calculated as 1100 of the following: ' Connection to City Utilities . . . . . . $ 5,000.00 Storm Sewer, Drainage System, including cleaning and maintenance . . . $ 25,000.00 , Erosion control /site restoration . . . . $ 19,100.00 Engineering, surveying, and inspection . $ 7,500.00 Landscaping . . . . . . . . . . . . . . . $ 50,000.00_ ' Wetland Monuments . . . . . . . . . . . . $ 200.00 TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 56,800.00* ' *Does not include landscaping ' 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, 1996. The City may draw down the security, without SP -2 ' 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 no case shall the security be reduced to a point less than 10% of the original amount until all improvements are complete and accepted by the City. 8. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Jasper Development Attn: James Jasper 235 West 1st Street Waconia, MN 55387 Telephone: (612) 442 -5611 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. Boy; 147, Chanhassen, Minnesota 55317, Telephone (612) 937 -1900. 9. Other Special Conditions. A. Amend the PUD contract to state the impervious surface coverage of the site cannot exceed 350. B. The townhome units shall conform to the design and architecture as proposed by the applicant in their attached narrative. Introduce some variation among buildings facing Powers Boulevard, through the shape of windows, adding louvers, shifting entry ways, adding dormers, or color. Introduce new elements to break up the large roof span. C. The applicant shall submit a street lighting plan for staff review and approval prior to recording of the final plats. ' D. Park and trail dedication fees shall be paid in lieu of park land dedication. E. Tree protection fencing shall be placed around the stand of trees to minimize impact during construction. Protected trees lost due to construction must be replaced on a 1.2 canopy ' basis in accordance with a plan approved by staff. Tree preservation easements shall be dedicated over the stand of trees on the site prior to recording of the final plats. I SP -3 F. Submit proposed street names to the Public Safety Department, Inspections Division for review and approval prior to issuance of any building permits. G. A twenty -foot wide fire lane must be maintained on the new proposed north /south street. "No Parking Fire Lane" signs shall be installed on both sides of the street with 75 -foot spacing. H. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. I. Issuance of permits and inspection of the utility lines will be performed by the City's Building Department. Streets and utilities, except the ponding areas, storm sewer outlet and pipe systems, shall be owned and maintained by the homeowners association J. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant $20 per sign. K. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year storm events and provide ponding calculations for stormwater quality /quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed predeveloped and post- developed stormwater calculations for 100 -year storm events and normal water level and high water level calculations in existing basins. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. L. The applicant shall enter into a PUD /development agreement with the City and provide the necessary financial security to guarantee compliance with the terms of the agreement. M. The applicant will meet wetland rules and regulations as stated in the Army Corps of Engineers Section 404 permit, the State Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. N. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County Highway Department, Metropolitan Waste Control Commission, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Army Corps of Engineers and comply with their conditions of approval. SP -4 0. The final plats shall dedicate a 10 -foot wide drainage and utility easement around the perimeter of both plats. ' P. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re- locate or abandon the drain tile as directed by the City Engineer. Q. No decks or any portion of the dwellings may encroach into the City's drainage and utility easements. ' R. No structure shall encroach upon the 25 -foot building setback line including but not limited to decks and ' porches. S. Compliance with conditions of PUD and site plan. ' T. The applicant's engineer shall accommodate subsurface drainage in the design of the retaining walls. ' U. The applicant shall evaluate the potential for impacts to adjacent building foundations during the grading process. ' V. Upon completion of the County grading of Powers Boulevard, the developer shall install the remaining landscaping improvements along Powers Boulevard. A security escrow shall be ' held until the landscaping materials have been installed in accordance with the approved plan. W. Type I erosion control fence shall be added to the grading /erosion control plan adjacent to Powers Boulevard. X. Upon completion of the site improvements, the applicant shall supply the City with as -built construction drawings of the utility and street improvements. i Y. The applicant and /or homeowners association will be required to enter into an encroachment agreement with the City for installation of landscaping materials that encroach upon the City's drainage and utility easement along Powers Boulevard (County Road 17). Permanent structures such as decks or additions shall be prohibited from encroaching upon the City's easement areas. ' Z. The landscape plan shall be revised to denote the types of planting material shown on the plan. In addition, the final plan shall be signed by a professional landscape architect ' registered in the State of Minnesota. AA. In lieu of an acceptable turnaround at the south end of the private street, on Lots 1 and 2, Block 1, Lots 1 and 2, Block 2, Lots 1 and 2, Block 3 and Lots 1 and 2, Block 4, Powers Place Second Addition, the dwellings shall be constructed with a residential sprinkler system acceptable to the City's Fire Marshal. I SP -5 BB. The lowest floor elevation of all buildings adjacent ' to storm water ponds or wetlands shall be a minimum of 3 feet above the 100 -year high water level. 10. General Conditions. The general conditions of this Contract, approved by the City Council on February 13, 1995 are ' attached as Exhibit "B" and incorporated herein. ri ll SP -6 I NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) CITY OF CHANHASSEN BY: Donald J. Chmiel, Mayor AND: Don Ashworth, City Manager DEVELOPER: JASPER DEVELOPMENT CORPORATION OF WACONIA IN s 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. STATE OF MINNESOTA NOTARY PUBLIC ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by SP -7 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY (POWERS PLACE ADDITION): That part of the Northeast Quarter of the Northwest Quarter of Section 23 and the East Half of the Southwest Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota lying easterly and northerly of LAKE SUSAN HILLS WEST 4TH ADDITION, according to the recorded plat thereof, said Carver County, lying easterly and southerly of LAKE SUSAN HILLS WEST, according to the recorded plat thereof, said Carver County and lying westerly of the westerly right of way line of C.S.A.H. No. 17 per Corrected Highway Easement Book 157, Page 6, on file and of record in the office of the County Recorder, said Carver County. LEGAL DESCRIPTION OF SUBJECT PROPERTY (POWERS PLACE SECOND ADDITION): Outlot B, Powers Place Addition, according to the plat of record thereof, Carver County, Minnesota. E. . FEE OWNER CONSENT TO DEVELOPMENT CONTRACT 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 9 n 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 -9 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 19 STATE OF MINNESOTA ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 SP -10 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multi- , phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. 3. Effect of Subdivision Approval. For two (2) years from r the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 4. Improvements. The improvements specified in the Special ' Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Waste Control Commission and other agencies before proceeding with construction. The City will, at the Developer's ' expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part -time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/ inspector to respond to questions GC -1 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. GC -2 7a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City Code § 20 -94. 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 r 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 e;pire, 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 1250 t 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 GC -3 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 Hackberry Hawthorn Oak Hickory Ash utner 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 �Ci�111�d�e Or occupancy is requestea, a tinanciai guarantee of $750.00 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 lst. 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 the escrowed funds for maintenance of erosion control pursuant to City Code Section 20 -94 or to satisfy any other requirements of this Contract or of City ordinances. 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 including silt fences, and Tree Removal Plan shall be submitted for each lot for GC -4 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. 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. t 17. Signage. All street name, traffic signs, and wetland monumentation required by the City as a part of the public improvements shall be furnished and installed by the City at the sole expense of the Developer. 18. House Pads. The Developer shall promptly furnish the City "as- built" plans indicating the amount, type and limits of fill on any house pad location. 19. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for resident construction inspections. The fee shall be shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3 %) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3 %) of construction costs for the first $500,000 and two percent (2 %) of construction costs over $500,000; 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. I GC -5 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. B. In addition to the administrative fee, the Developer shall reimburse the City for all out -of- pocket costs incurred by the City for providing resident construction inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 17E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. 20. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. GC -6 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. A. Construction Trailers Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre- construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service The Developer shall provide for the maintenance of postal service in accordance with the local ■ Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. D. Breach of Contract Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. E. Severability If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface. 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 I GC -7 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 I GC -7 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 occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours The normal construction hours under this contract shall be from 7:00 a.m. to 7 :00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. M. Access All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. N. Street Maintenance The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The GC -8 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 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, pipes, catch basins, culverts 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 two (2) years after the public improvements in the plat have been accepted by the City. 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 GC -9 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. 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. GC -10 CITY OF CHANHASSEN POWERS PLACE AND POWERS PLACE SECOND ADDITION PROJECT NO. 95 -4 BREAKDOWN OF ADMINISTRATION FEES - 3/9/95 t Estimated Total Cost of Public Improvements .......................... $56,800.00 I - 3% of Public Improvement Costs (Under $500,000) .................... $ 1,704.00 - Street Lighting Charge (for electricty) ' 1 @ $ 200 ............... ............................... $ 200.00 - Final Plat Process (Attorney Fee for Review and Recording of Plats and Development Contract) .. ............................... $ 700.00 - One -third of Park and Trail Fees (per Park and Recreation Director) - SWMP Fees * Water Quality .......... ............................... $ 14,229.00 Water Quantity ......... ............................... $ 27,668.00 TOTAL ADMINISTRATION FEES .............................. $ 44,651.00 ** *Estimate only - SWMP fees may be given credits after final review of storm drainage calculations. * *Total does not include one -third of Park and Trail fees which are due at time of plat recording. - Recording Fees 1 a. Development Contract .... ............................... $ 30.00 b. Plat Filing ............ ............................... $ 60.00 C. Declaration of Covenances ............................... $ 30.00 d. Tree Preservation Easement ............................... $ 30.00 - One -third of Park and Trail Fees (per Park and Recreation Director) - SWMP Fees * Water Quality .......... ............................... $ 14,229.00 Water Quantity ......... ............................... $ 27,668.00 TOTAL ADMINISTRATION FEES .............................. $ 44,651.00 ** *Estimate only - SWMP fees may be given credits after final review of storm drainage calculations. * *Total does not include one -third of Park and Trail fees which are due at time of plat recording.