2b-2. Creekside Addition Approve Development contract and Plans & Specsr
I MEMORANDUM
C I TY OF �---
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
I TO: Charles Folch, Director of Public Works /City Engineer
Action by City Administrator
Endorsed---y Z)kvA-
Modifie
Refecte _
l)'t
Date Submitted to Commission
FROM: Dave Hempel, Assistant City Engineer
Date Submitted to Council
DATE: May 2, 1995
' SUBJ: Approve Development Contract and Construction Plans and Specifications for
Creekside Addition - Project No. 95 -8
1
The attached development contract incorporates the conditions of approval from the final plat and
construction plans and specifications review process. Staff has calculated the required financial
' security to guarantee compliance with the terms of the development contract at $1,377,250 and
the development contract administration fees total $63,131 which includes 1/3 trail fees and
' SWMP fees.
The applicant has also submitted detailed construction plans and specifications for staff review
and City Council approval. Staff has reviewed the construction plans and specifications and find
them in conformance with City standards. It is therefore recommended that the construction
plans and specifications for Creekside Addition dated April 25, 1995, revised May 2, 1995,
' prepared by RLK, Inc. and the development contract dated May 8, 1995 be approved conditioned
upon the following:
' 1. The applicant enter into the development contract and supply the City with a cash escrow
or letter of credit in the amount of $1,377,250 and pay an administration fee of $63,131.
' ktm
Attachments: 1. Development contract dated May 8, 1995.
' 2. Construction plans. Please leave your copy of the construction plans in the
Council Chambers for staff to collect after the meeting. Specifications are
available fore review in the Engineering DepaitfiFR IA COPY
' 3. Breakdown of Administration Fees. R
' c: John Dobbs, Heritage Development
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CITY OF CHANHASSEN
CREEKSIDE ADDITION
PROJECT NO. 95 -8
BREAKDOWN OF ADMINISTRATION FEES - 5/2/95
Estimated Total Cost of Public Improvements ....................... $1,102,050.00*
(less reforestation costs)
- 3% of Public Improvement Costs (Under $500,000) .............. . .... $ 15,000.00
- 2% of Public Improvement Costs (Over $500,000) . ................... $ 12,041.00
- Street Lighting Charge (for electricity)
8 cr $ 200 ............... ............................... $ 1,600.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) . . ...... . ........................ $ 350.00
- Recording Fees
a. Development Contract ............................. . ..... $ 30.00
b. Plat Filing ....................... . ................... $ 30.00
c. Tree Conservation Easements ......................... . .... $ 30.00
d. Deeds for Outlots B & C . ............................... $ 60.00
- Trail Fees (1/3) [44 lots x 300/3] 1 ...... ..... $ 4,400.00
.....................
- SWMP Fees ................... . ...................... . ... $ 29,590.00
TOTAL ADMINISTRATION FEES ......... . ...................... $63,131.00
*This figure does not include landscaping costs. Also includes $100,000 credit appplied toward
sanitary sewer cost for oversizing.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CREEKSIDE ADDITION
TABLE OF CONTENTS
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . .
PAGE
SPECIAL PROVISIONS
PHASE DEVELOPMENT . . . . . . . . . . .
1.
REQUEST FOR PLAT APPROVAL . . . . . . . .
. . . . . . SP -1
2.
CONDITIONS OF PLAT APPROVAL . . . . . . .
. . . . . . SP -1
3.
DEVELOPMENT PLANS . . . . . . . . . . . .
. . . . . . SP -1
4.
IMPROVEMENTS . . . . . . . . . . . . . . .
. . . . . . SP -2
5.
TIME OF PERFORMANCE . . . . . . . . . . .
. . . . . . SP -2
6.
SECURITY . . . . . . . . . . . . . . . . .
. . . . . . SP -2
7.
NOTICES . . . . . . . . . . . . . . . . .
. . . . . . SP -3
8.
OTHER SPECIAL CONDITIONS . . . . . . . . .
. . . . . . SP -3
9.
GENERAL CONDITIONS . . . . . . . . . . . .
. . . . . . SP -6
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . .
. . . . . . . GC -1
2.
PHASE DEVELOPMENT . . . . . . . . . . .
. . . . . . . GC -1
3.
EFFECT OF SUBDIVISION APPROVAL . . . . .
. . . . . . . GC -1
4o
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
1.0.
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
N. Street Maintenance . . . . . . . .
. . . . . . . GC -8
i
' O.
P.
' R.
S.
T.
' U.
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D
Storm Sewer Maintenance . . . . .
Soil Treatment Systems . . . . .
Variances . . . . . . . . . . . .
Compliance with Laws, Ordinances,
Proof of Title . . . . . . . . .
Soil Conditions . . . . . . . . .
Soil Correction . . . . . . . . .
. . . . . . GC-9
. . . . . . GC- 9
GC -9
and Regulations GC - 9
. . . . . . GC -9
. . . . . . GC-9
. . . . . . . GC -10
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CREEKSIDE ADDITION
SPECIAL PROVISIONS
AGREEMENT dated May 8 , 1995, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
HERITAGE DEVELOPMENT OF MINNESOTA, INC., a Minnesota corporation
(the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for Creekside 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. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A Plat prepared by Egan, Field & Nowak, Inc. Surveyors and
approved by the Chanhassen City Council on May 8, 1995.
Plan B Grading, Drainage and Erosion Control Plan dated April
25, 1995, revised May 1, 1995, prepared by RLK
Associates, Ltd.
Plan C Plans and Specifications for Improvements dated April 25,
1995, revised May 1, 1995, prepared by RLK Associates,
Ltd.
Plan D Tree Preservation /Landscape Plan dated April 26, 1995,
revised April 26, 1995, prepared by RLK Associates, Ltd.
Revised 3 /22/99
SP -1
'
4.
Improvements. The Developer shall install and pay
for
. . . . . . $
the following:
'
132,500
A. Sanitary Sewer System
398,100
. . . . $
2,500
B. Water System
70,000
. . . . . $
60,800
C. Storm Water Drainage System
11000
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. Trails and Sidewalks
M. Wetland Monumentation
N. Landscaping
5.
Time of Performance. The Developer shall install
all
'
required
improvements by November 15, 1996. 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.
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6. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$ 1,377,250.00 . The amount of the security was calculated as 1100
of the following:
Site Grading and Erosion Control . . .
Sanitary Sewer . . . . . . . . . . . .
Watermain . . . . . . . . . . . . . . .
Storm Sewer, Drainage System,
including Cleaning and Maintenance
Streets, Trails and Sidewalks . . . . .
Street Lights and Signs . . .
Engineering, Surveying, and Inspection
Landscaping /Retaining Walls . . . . . .
Wetland Monuments . . . . . . . . . . .
TOTAL COST OF PUBLIC IMPROVEMENTS . . .
. . . . . $
273,200
. . . . . $
210,85U
. . . . . . $
103,100
. . . . . . $
132,500
. . . . . . $
398,100
. . . . $
2,500
. . . . . $
70,000
. . . . . $
60,800
. . . $
11000
. . . $ 1,252,050
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
SP -2
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.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Heritage Development Co.
450 East County Road D
St. Paul, MN 55117
Telephone: (612) 481 -0017
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
A. A woodland management plan will be required as part
of the platting process. The homebuilders and home purchasers
shall be provided a copy of the plan.
B. A ten foot clear space must be maintained around
fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, NW
Bell, cable television, transformer boxes. This is to insure that
fire hydrants can be quickly located and safely operated. Pursuant
to Chanhassen City Ordinance Sec. 9 -1.
C. Park and Recreation conditions:
1. The land bounded on the east and south by
Outlot B, on the south and west by Outlot D, on the west by Stone
Creek Drive right -of -way, and on the north by Lot 7, Block 2,
Creekside Addition shall be shown as an Outlot for parkland. Said
property to be purchased through a combination of park dedication,
fee credit and cash. If a resolution cannot be reached on this
item, to proceed with condemnation. The applicant must revise the
plat to show this area as an Outlot.
2. The alignment of the 8 ft. bituminous trail be
amended to reflect the direction given the applicant by staff
specifically that the trail shall depart the creek corridor enter
the parkland and meet the road extension at the southern wetland
prior to its connection with the railroad underpass. Said trail to
be constructed with the first phase of improvements completed by
the applicant with a lump sum cost for the trail being reimbursed
by the city. Note: The applicant shall supply the city with three
quotes for the construction of said trail with the final alignment
SP -3
' being staked for approval by the City's Park and Recreation and
Engineering Departments prior to construction.
' D. The applicant shall revise the development plans to
include a 100 -foot setback buffer around Bluff Creek and a 50 foot
setback buffer along the tributary to Bluff Creek. The 100 and 50
' feet building setbacks shall be shown on the building site plan as
part of the building permit application for the individual lots.
The 100 feet setback applies to Lots 1 through 7, Block 1, and Lots
' 6 and 7, Block 2. The 50 feet setback applies to Lot 7, Block 2
and Lots 20, 21, 23, 24, and 25, Block 3. A conservation easement
that encompasses the land area within the individual lots that are
covered by this required setback shall be recorded with the plat.
' E. 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. Type III erosion control will be required adjacent to
all wetlands except where storm ponds will intercept runoff prior
' to discharging into the wetlands. In these areas Type I erosion
control is required.
' F. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates. Detailed street and
' utility plans and specifications shall be submitted for staff
review and City Council approval.
G. The applicant shall enter into a development
' contract with the City and provide the necessary financial security
to guarantee compliance with the terms of the development contract.
' H. The applicant shall apply for an obtain permits from
the appropriate regulatory agencies, i.e. Carver County Watershed
District, MWCC, Health Department, PCA, DNR, Army Corps of
' Engineers and MnDOT and comply with their conditions of approval.
I. On lots with fill material that have been mass
graded as part of a multi -lot grading project, a satisfactory soils
1 report from a qualified soils engineer shall be provided to the
Building Official before the City issues a building permit for the
lot.
' J. No berming or landscaping will be allowed within
right -of -way areas.
' K. The lowest floor elevation of all buildings should
be a minimum of 3 feet above the high water level calculated
according to the shoreland ordinance guidelines.
' L. The proposed storm water ponds shall be designed
with side slopes of 10:1 for the first ten feet at the normal water
' level and no more than 3:1 thereafter or 4:1 throughout for safety
' SP -4
purposes. The storm ponds shall be constructed with the initial
site grading.
M. Individual grading, drainage and erosion control and
tree removal plans will be required for each wooded lot prior to
issuance of a building permit. This condition applies to Lots 20,
21, 23, 24, 25, and 26, Block 3.
N. Water quantity connection fees will be based in
accordance with the City's SWMP. Staff has evaluated these fees
based on the applicant's contribution to the SWMP design
requirements. The fees have been calculated at $29,590.00 and are
payable to the city at the time of final plat recording.
0. The applicant shall report to the City Engineer the
location of any drain tiles found during construction and shall
relocate or abandon the drain tile as directed by the City
Engineer.
P. The north /south street shall be extended through to
the frontage road within three years after the final plat is
approved. The applicant shall provide the city with a financial
security to guarantee the roadway extension will be completed. A
temporary cul -de -sac (25 foot radius) shall be constructed until
such time as the roadway is extended. At that time, the temporary
cul -de -sac shall be removed. A barrier shall be erected at the end
of the paved right -of -way. A sign indicating that "THIS STREET
WILL BE EXTENDED IN THE FUTURE" will be erected upon the barrier.
The developer shall file a notice in the chain -of -title of each lot
notifying each owner that the north /south road is to be extended in
the future.
Q. The trail alignment around the wetlands (Bluff Creek
corridor) shall be determined in the field after walking the site
and consulting a soils engineer.
R. Ownership of the wetlands and ponding areas may be
transferred to the City as outlots by warranty deed.
S. Site grading may proceed prior to recording of the
final plat contingent upon the applicant entering into a
development contract with the city with a financial security in the
amount of $250,000.00 to guarantee erosion control measures, site
restoration and grading.
T. Should the city not purchase the 2.46 acres of
upland for park, to be designated as Outlot F, the developer may
within three years of final plat approval subdivide Outlot F
consistent with the proposed preliminary plat dated 7/18/94 and in
compliance with the tree preservation plan dated 7/18/94 and
revised 4/26/95. After that time, the subdivision of Outlot F will
be subject to all city ordinances in effect.
SP -5
9. 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.
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I SP -6
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don .Ashworth, City Manager
DEVELOPER:
HERITAGE DEVELOPMENT OF MINNESOTA, INC.
BY:
Its
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
TARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -7
EXHIBIT
TO
DEVELOPMENT
"
CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
KNOW ALL MEN BY THESE PRESENTS: That Heritage Development of Minnesota, - Inc., a Minnesota corporation, owner of the following
described property situate in the County of Carver, State of Minnesota, to wit:
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th Principal
Meridian described as;
Beginning at the northeast comer of said Southeast Quarter, thence on an assumed bearing of North 89
degrees 00 minutes 25 seconds West along the north line of said Southeast Quarter a distance of 2614.22
feet to the northwest comer of said Southeast Quarter, thence South 0 degrees 59 minutes 45 seconds East
along the west line of sold Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57
minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a
distance of 39.63 feet; thence northeasterly along a non - tangential curve concave to the northwest having
a radius of 1859.86 feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance of
394.93 feet; thence North 56 degrees 57 minutes 24 seconds East, not tangent to last describe curve a
distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet;
thence southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet:
thence North 56 degrees 57 minutes 24 seconds East not tangent to last described curve a distance of
1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North
56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the east line of said Section 15;
thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feet along the east line of said
Section 15 to the point of beginning, according to the Government Survey thereof. Subject to easement
for County State Aid Highway No. 17.
Which lies westerly of Bluff Creek, the centerline of said creek described as follows:
Commencing at the northwest comer of the Southeast Quarter of Section 15, Township 116 North, Range 23
West of the 5th Principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25
seconds East, along the north line of said Southeast Quarter, a distance of 718.45 feet to the point of
beginning of the centerline to be described; thence South 03 degrees 14 minutes 54 seconds West, a
distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East, a distance of 18.26 feet;
thence South 86 degrees 42 minutes 32 reconds East, a distance of 66.41 feet; thence South 0 degrees 11
minutes 36 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a
distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet:
thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27
minutes 58 seconds East, a distance of 1?8.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a
distance of 114.78 feet; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet;
thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09
minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a
distance of 55.44 feet; thence South 14 degrees minutes 10 seconds East, a distance of 15.14 feet;
thence South 22 degrees 30 minutes 14 seconds West, a distance of 33.54 feet; thence South 08 degrees 36
minutes 50 seconds West, a distance of 40.11 feet: thence South 10 degrees 58 minutes 44 seconds West, a
distance of 16.30 feet; thence South 15 degrees 39 minutes 39 seconds East, a distance of 16.38 feet;
thence South 06 degrees 00 minutes 17 seconds East, a distance of 33.74 feet; thence South 33 degrees 58
minutes 55 seconds East a distance of 3.27 feet to a point on the northerly line of the Milwaukee St.
Paul and Pacific Railroad, said point distant 586.57 feet northeasterly of the southwest corner of the
above described property, as measured along sold northerly R/R line, and said line there terminating.
That part of the Southwest Quarter of the Northeast Quarter of sold Section 15, which Iles southerly and westerly of Bluff Creek.
IM
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 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 -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
C
' STATE OF MINNESOTA )
( ss.
COUNTY OF )
' The foregoing instrument was acknowledged before me this
day of , 19 ,
n
' DRAFTED BY:
Campbell, Knutson, Scott
' & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
' Eagan, Minnesota 55121
(612) 452 -5000
NOTARY PUBLIC
I 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
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
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' from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
' Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
' sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
' of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
' 6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
' plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
' 7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
' impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
' work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
' received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
' proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
' requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
' where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
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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
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
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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 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
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
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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,
monumentation required by the City
improvements shall be furnished and
sole expense of the Developer.
18. House Pads. The Developer
City "as- built" plans indicating the
fill on any house pad location.
traffic signs, and wetland
as a part of the public
_nstalled by the City at the
shall promptly furnish the
amount, type and limits of
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 (loo) of
construction costs over $1,000,000.
'
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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.
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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 sil- (6) months after the City has accepted the
public improvements, public liability and property damage insurance
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' covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
' them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
t 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
GC -8
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
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
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' Developer may make use of such property. The Developer further
agrees that it will indemnify, defend, and hold harmless the City,
its governing body members, officers, and employees from any claims
' or actions arising out of the presence, if any, of hazardous wastes
or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
' U. Soil Correction The Developer shall be
responsible for soil correction work on the property. The City
makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
' the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
' project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
' shall be provided before the City inspects the foundation for a
building on the lot.
I
J
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