3c.-3. Approve Development Contract and Construction Plans for Specs 3rd Addition for the Meadows at LongacresCITY OF 3 -3
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action try City Administrator
1 MEMORANDUM
' TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer
DATE: June 5, 1995
Endors ✓ DGcJfI
Modifie
Reiecte
Dc>e�
Da*e submitted to CommissW
Dste Submitted to CounrA
( - / I —9S
SUBJ: Approve PUD/Development Contract and Construction Plans and Specifications
for The Meadows at Longacres 3rd Addition - Project No. 95 -10
' The attached PUD/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 PUD/Development
Contract at $107,500 and the PUD/Development Contract administration fees total $7,052 which
includes 1/3 of the required Park and Trail fees.
'
The applicant li ant 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. The construction plans are
available for review in the Engineering Department. It is therefore recommended that the
construction plans and specifications for The Meadows at Longacres 2nd and 3rd Additions dated
' May 16, 1995, prepared by Schoell & Madson, Inc. and the PUD/Development Contract dated
May 22, 1995 be approved conditioned upon the following:
The applicant enter into the PUD/Development Contract and supply the City with a cash
escrow or letter of credit in the amount of $107,500 and pay an administration fee of
t $7,052.
ktm
Attachments: 1. PUD/Development Contract dated June 12, 1995. B
2. Breakdown of Administration Fees dated June 5, 1995.
' Fxev:eia~ Ho.
c: David Hinners, Lundgren Bros. Construction Approved by ti�v I~r,Cii�t
gA eng\proiects \meadows.2 &3 \devcon3.cc D i
' Approved by City Counall
Date
CITY OF CHANHASSEN
THE MEADOWS AT LONGACRES 3RD ADDITION
PROJECT NO. 95 -10
BREAKDOWN OF ADMINISTRATION FEES - 6/5/95
Estimated Total Cost of Public Improvements ......................... $ 97,750.00
- 3% of Public Improvement Costs (Under $500,000) .................... $ 2,932.00
- Street Lighting Charge (for electricity)
3 @ $ 200 ............... ............................... $ 600.00
- Final Plat Process Escrow (Attorney Fee for Review and Recording of Plats
and Development Contract) .. ............................... $ 600.00
- Recording Fees
a. Development Contract .... ............................... $ 30.00
b. Plat Filing ............ ............................... $ 30.00
c. Tree Conservation Easements .............................. $ 30.00
d. Temporary Turnaround Easement ........................... $ 30.00
- Park and Trail Fees ............ ............................... $ 2,800.00
(7 Lots @ $1,200.00 x 113)
TOTAL ADMINISTRATION FEES . ............................... $ 7&52.00
g: \eng \dc \m eadowsl fee
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
THE MEADOWS AT LONGACRES 3RD
ADDITION
TABLE OF CONTENTS
SPECIAL PROVISIONS
D T I L'
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 -5
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
6.
LICENSE . . . . . . . . . . . . . . . . . . . .
. . . GC -2
7.
SITE EROSION CONTROL . . . . . . . . . . . . . .
. . . GC -2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OR OTHER
BUILDING . . . . . . . . . . . . . . . . . . . .
. . . GC -3
8.
CLEAN UP . . . . . . . . . . . . . .
GC -3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS . . . . .
. . GC -3
10.
CLAIMS . . . . . . . . . . . . . . . . . . . . . .
. . 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
J. Remedies . . . . . . . . . . . . . . . . . .
. . GC -8
K. Assignability . . . . . . . . . . . . . . . .
. . GC -8
L. Construction Hours . . . . . . . . . . . . .
. . GC -8
M. Access . . . . . . . . . . . . . . . . . . .
. . GC -8
i
' N.
Street Maintenance . . . . . . .
. . . . . . . . GC -8
0.
Storm Sewer Maintenance . . . . .
. . . . . . . . GC -9
P.
Soil Treatment Systems . . . . .
. . . . . . . . GC -9
' Q.
Variances . . . . . . . . . . . .
. . . . . . . . GC -9
R.
Compliance with Laws, Ordinances,
and Regulations GC -9
S.
Proof of Title . . . . . . . . .
. . . . . . . . GC -9
T.
Soil Conditions . . . .
. . GC -9
'
U.
Soil Correction . . . .
. . . GC -10
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT & PUD AGREEMENT
(Developer Installed Improvements)
THE MEADOWS AT LONGACRES 3RD ADDITION
SPECIAL PROVISIONS
AGREEMENT dated June 12 , 1995, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for THE MEADOWS AT LONGACRES 3RD 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 plat is 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 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: Final Plat prepared by Schoell & Madson, Inc. and
approved by the Chanhassen City Council on June 12, 1995.
Plan B: Grading, Drainage and Erosion Control Plan dated May 16,
1995, prepared by Schoell & Madson, Inc.
Plan C: Plans and Specifications for Improvements dated May 16,
1995, prepared by Schoell & Madson, Inc.
Plan D: Landscaping /Buffer Strip Reforestation
Pevised 3 /22/94
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 and Buffer Strip Revegetation
' M. Trails
6. Time of Performance. The Developer shall install all
required improvements by November 15, 1996. The Developer may,
t 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
$ 107,500.00 . The amount of the security was calculated as 110%
of the following:
Site Grading & Erosion Control . . . . . $ 36,000
Sanitary sewer . . . . . . . . . . . . . $ 12,200
' Watermain . . . . . . . . . . . . . . . . $ 10,600
Storm Sewer, Drainage System,
including cleaning and maintenance . $ 5,700
Streets and Trails . . . . . . . . . . . $ 24,200
Street lights and signs . . . . . . . . . $ 750
Engineering, surveying, and inspection . $ 7,100
Landscaping /Buffer Restoration . . . . . $ 1,000
' Wetland Monuments . . . . . . . . . . . . $ 200
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 97,75
' SP -2
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
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 100 of
the original amount until all improvements are complete and
accepted by the City.
8. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Lundgren Bros. Construction, Inc.
935 East Wayzata Boulevard
Wayzata, MN 55391
Telephone: (612) 473 -1231
Facsimile: (612) 473 -7401
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions.
A. The front yard setback for each lot may be a minimum
of 20 feet from the street right -of -way.
B. Each lot shall maintain a side yard separation of 20
feet between each principal structure, including decks. The
applicant shall be required to submit proof with each building
permit application that the 20 -foot separation is being maintained.
C. The applicant shall provide a copy of the covenants
for review and approval by city staff.
D. The applicant shall provide "as- built" locations and
dimensions of all corrected house pads or other documentation
acceptable to the Building Official.
E. Park and Recreation conditions:
1. Full park and trail fees shall be paid per city ordinance.
F. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates. Formal construction
SP -3
plans and specification approval by the City Council will be
required in conjunction with the final platting.
G. The applicant shall apply for and obtain all the
necessary permits of the regulatory agencies such as MPCA, Health
Department, Watershed District, DNR and MnDOT.
H. The developer shall report to the City Engineer the
location of any drain tiles found during construction.
I. The applicant shall submit storm drainage and
ponding calculations verifying the pipe sizing, overflow swale and
pond volumes. Storm sewers shall be designed and constructed to
handle 10 -year storm events. Detention ponds shall be constructed
to NURP standards as well as maintain the surface water discharge
rate from the subdivision at the predeveloped runoff rate for a
100 -year, 24 -hour storm event. Overflow drainage swales shall also
be designed for a 100 -year event of 24 -hour duration. Drainage
plans shall be consistent with the City of Chanhassen's Best
Management Practices Handbook.
J. Drainage and conservation easements shall be
dedicated over all wetland areas within the subdivision, including
outlots. Wetland mitigation measures as shown on grading plan
dated 3/10/94, revised 4/19/94 shall be completed in conjunction
with site grading and restoration.
K. Prior to the City signing the final plat, the
applicant shall enter into a development contract with the City and
provide the necessary financial security to guarantee construction
of the public improvements.
L. The applicant shall provide the city with high water
' elevations for predeveloped runoff conditions for a 100 -year storm
event and 24 -hour duration.
M. A 10 -foot clear space must be maintained around fire
hydrants so as to avoid injury to fire fighters and to be easily
recognizable, i.e. NSP transformers, street lighting, cable boxes,
' landscaping.
N. All conditions of the rezoning and wetland
alteration permit shall be met.
0. The applicant may commence with site grading in
accordance to the approved grading, drainage and erosion control
plan once the PUD /development contract is executed and the city
furnished with the necessary security escrow and applicable
administration fee. Utility and street construction may not
commence until the final plat is recorded.
P. A native vegetative buffer strip averaging 20 feet
in width shall be maintained around natural wetlands.
SP -4
Q. The developer shall provide a full -time on -site '
inspector. The inspector will need to be state certified.
R. Tree conservation easements shall be established for
all lots that fall in the tree area noted on the preliminary plat.
These easements shall be established after site grading has taken
place. Only one building permit shall be issued prior to the tree '
preservation area established, approved by the city and recorded
with Carver County.
S. The applicant and staff will work to review the ,
grading on Lots 1 -3, Block 1, 3rd Addition and Lots 2 and 3, Block
2, 3rd Addition.
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.
SP -5
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
LUNDGREN BROS CONSTRUCTION, INC.
BY:
s President
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -6
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
THE MEADOWS AT LONGACRES 3RD ADDITION:
Outlot B, The Meadows at Longacres 2nd Addition, according to the
recorded plat thereof., Carver County, Minnesota.
SP-7
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 , 191
NOTARY PUBLIC
I
DRAFTED BY:
Campbell, Knutson, Scott
' & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
' Eagan, Minnesota 55121
(612) 452 -5000
1 SP -8
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 PUBLI
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -9
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
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
Other Building.
construction of a
cash escrow or let
City to guarantee
Control During Construction of a Dwelling or
Before a building permit is issued for
dwelling or other building on a lot, a $500.00
ter of credit per lot shall also be furnished the
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
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 1250
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
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;.1) 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 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
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 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.
' 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 (30) of construction costs;
if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (30) of construction
costs for the first $500,000 and two percent
(20) 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;-�0) of construction costs over
$1,000,000.
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.
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
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