1a-2. Mission Hills Development Contract/Plans & Specifications Approvali
' MEMORANDUM
/ CITY OF --°�)
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrator
Endo rs es+ ✓ -PWA
Nod
E1nte l0 - 20 9 �_
Date Submitted to Commission
TO: Charles Folch, City Engineer
' FROM: Dave Hempel, Assistant City Engineer '' Dete Submitted to Counc+l
' DATE: October 19, 1994
SUBJ: Approve PUD Agreement/Development Contract and Construction Plans and Specifications for
Mission Hills and Mission Hills 2nd Addition Project No. 93 -23
The attached PUD/Development Contract incorporates`, conditions of approval from the final platting and
construction plans and specifications review process. Th` plans also include constructing a portion of
the City's trunk watermain project along West 86th Streq'anoanitary sewer along Trunk Highway 101. Staff has
calculated the required financial security to guarantee ornpliai a with the terms of the PUD/Development Contract
at $1,074,300 and the Development Contract administ�on fee tal $95,048.00 which includes 1/3 of the required
Park and Trail fees.
' The applicant has also submitted detailed construit`on plans andAvecifications for staff review and City Council
approval. Staff has reviewed the plans and spec cations and finds hem in conformance with City standards. The
City previously approved an Interim Use Permit for site grading. Th* ywork is approximately 90% completed at this
time. The applicant has supplied the City,with a security escrow fear the site grading, erosion control, and site
restoration,
.,
It is therefore recommended that the nstruction plans and specificatio" for Mission Hills dated August 15, 1994,
' revised October 18, 1994 prepared by Westwood Engineering, and the PiAgreement/Development Contract dated
October 24, 1994 be approved conditioned upon the following
e 4 M
1. The applicant enter,rntp the.,I Agreer sal lap s C e tact with the City and supply the City with
' a cash es Tow letter of credit in the amount of$1;074: ii a- 1?�Y ari a�� ��n�� �t�� a of $95,048.00.
�:
ms
'
Attachments: 1. PUD Agreement/Development C��tract dated October 24, 1994.
A
2. Construction plans. Please elf,g your copy of the construction plans .in the Council
Chambers for staff to colleer the meeting. Specifications are available for review
in the Engineering Depattment
c: Jim Ostenson, Tandem Properties
g:\ eng\ dsve \projeets\mission\devcon.ce
1
.1
1
CITY OF CHANHASSEN
PLANNED UNIT DEVELOPMENT AGREEMENT /DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
MISSION HILLS & MISSION HILLS 2ND ADDITION
SPECIAL PROVISIONS
' AGREEMENT dated October 24, 1994, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
' TANDEM PROPERTIES, a Minnesota partnership (the "Developer ") .
1. Request for Plat Approval. The Developer has asked the
City to approve the plats for MISSION HILLS & MISSION HILLS 2ND
' 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- -Plats prepared by Westwood Engineering and
approved by the Chanhassen City Council on
October 24, 1994.
Plan B -- Grading, Drainage and Erosion Control Plan dated
July 28, 1994, revised October 18, 1994,
prepared by Westwood Engineering.
' Plan C- -Plans and Specifications for Improvements dated
August 15, 1994, revised October 18, 1994,
' prepared by Westwood Engineering.
Plan D -- Landscape Plan dated April 18, 1994, revised
September 30, 1994, prepared by Westwood
Engineering.
' Revised 10/6/99
SP -1
5. Improvements. The Developer shall install and pay for r�
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. Sidewalk /Trails
M. Turn Lanes Along Trunk Highway 101
N. Landscaping
6. Time of Performance. The Developer shall install all
required improvements by November 15, 1995. The Developer may,
however, request an extension of time From the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
7. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$1,074,300.00. The amount of the security was calculated as 110%
of the following:
Sa nitary sewer . . . . . . . . . . . . .
Watermain . . . . . . . . . . . . . . . .
On -site storm sewer . . . . . . . . . . .
Streets, sidewalks and trails . . . . . .
Street lights and signs . . . . . . .
Engineering, surveying, and inspection
La ndscaping . . . . . . . . . . . . . . .
Wetland Monuments . . . . . . . . . . . .
$ 130,000-00
$ 141,500.00
$ 100,800.00
$ 223,000.00
$ 3,000.00
$ 60, 000.00
$ 317,915.50
$ 400.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 976,615.50
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1995. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
SP -2
d
�J
, no case shall the security be reduced to a point less than 10% of
the original amount until all iripf6vements 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:
Tandem Properties
7808 Creek Ridge Circle, Suite 310
Bloomington, MN 55439
Telephone: (612) 941 -7805
' 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. All utility and street improvements (public and
' private) shall be constructed in accordance with the City's latest
edition of Standard Specifications and Detail Plates. The applicant
will be required to supply detailed construction plans for all
' utility and street improvements for the City to review and formally
approve. Street grades throughout the subdivision should be
between 0.75% and 7.0 %. West 86th Street shall be constructed
with a 36' wide urban street section from existing TH 101 to
' Mission Hills Lane. The remaining street may be reduced to 31'
wide. Private streets shall be constructed in accordance with the
approved construction plans.
' B. The applicant shall be responsible for obtaining and
complying with all necessary permits such as the DNR, MWCC, Health
Department, Watershed Districts, PCA and MnDOT.
C. If the applicant installs the oversized (12 inch)
watermain along West 86th Street and Mission Hills Way East, the
' City shall credit the applicant by means of reduction in their
assessments for the oversizing costs. The oversizing costs shall
be the difference between an 8 inch watermain and a 12 inch
' watermain. The applicant shall also receive credit against their
assessments for the cost of installing the trunk sanitary sewer
along TH 101 as long as these costs do not exceed fair market
value.
D. The applicant should provide a buffer area between
the development and proposed Trunk Highway 212 as well as Trunk
Highway 101. The buffer area should consist of both landscaping
materials and berming.
SP -3
E. The applicant shall include a drain tile system in
all public streets where the adjacent dwellings have no other
acceptable means of discharging such a pond, wetland or storm
sewer. '
F. During construction of the site improvements, the
applicant shall provide provisions for maintaining ingress and '
egress at all times for the homes on Tigua Lane as well as
emergency vehicles.
G. Allowed uses in the commercial site shall be ,
restricted to the uses described in the staff report.
H. The applicant shall provide density /hard surface '
coverage calculations for each lot within Blocks 1 and 4. These
figures shall exclude the right -of -way and wetland areas.
I. The landscaping plan shall be revised to add more '
trees along West 86th Street, along Highway 212 and Highway 101
right -of -ways and between the area separating commercial and
residential lots. '
J. Meet the following conditions of the Park and
Recreation Commission: '
1. The tot park facility shall include typical park
amenities such as landscaped grassy areas, picnic
tables, park benches, play apparatus and basketball '
courts, etc.
2.
Six foot wide concrete sidewalks be constructed on
the south side of West 86th Street from Highway 101
'
east to the project's terminus and a 5 foot wide
concrete sidewalk on Mission Hills Lane from West
86th Street north to the street's terminus.
'
3.
An 8' wide bituminous trail shall be constructed
encircling the wetland located south of 86th
'
Street, connecting the sidewalk system to the "park
site." In consideration for the construction of
said trail, the applicant shall receive a lump sum
payment equal to the cost of construction. Said
'
cost to be determined by the applicant for
presentation to the city with documentation for
verification.
'
4.
Full park and trail fees shall be collected at the
time of building permit applications at the rate
'
then in force.
K.
The commercial portion of the PUD shall be
consistent with the Highway 5 Corridor Study design standards.
,
Setbacks shall
comply with standards set forth in the PUD
agreement.
,
SP -4
L. Chanhassen Fire Department's policy on Premise
Identification must be followed. Additional monument signs for
address location will be required. Contact the Chanhassen Fire
' Marshal for requirements and details. Pursuant to Chanhassen Fire
Department Fire Prevention Policy #29 -1992. Policy enclosed.
M. There will be no parking allowed on private streets
or the south side of West 86th Street. Signage must be installed
in compliance to Fire Prevention Policy #06 -1991. Pursuant to 1991
Chanhassen Uniform Fire Code Sec. 10.207(a). The City Council
' shall adopt a resolution accordingly.
N. A ten foot clear space must be maintained around
' fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, NW
Bell, Cable TV, transform boxes. This is to ensure that fire
hydrants can be quickly located and safely operated. Pursuant to
Chanhassen City Ordinance Sec. 9 -1.
' O. Street lights shall be provided along West 86th
Street, Mission Hills Lane and Court, and all interior private
streets. The city shall determine type and placement.
P. The applicant shall verify that the landscaping plan
meets the city tree preservation ordinance for canopy coverage.
Q. The applicant shall provide diversity in the color
' schemes used in the buildings.
R. The applicant shall deposit with the city an escrow
for the future upgrading if TH 101 north of West 86th Street. The
escrow may be in the form of a letter of credit or cash deposit.
The amount of the escrow will have to be determined after a
feasibility study for the upgrading TH 101.
' S. 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.
' T. Wetland buffer areas shall be surveyed and staked in
accordance with the City's wetland ordinance. The City will
install wetland buffer edge signs before construction begins and
will charge the applicant $20 per sign.
U. The applicant shall enter into a PUD development
contract with the City and provide the necessary financial security
to guarantee compliance with the terms of the development contract.
V. Water quantity fees will be based in accordance with
the City's SWMP. These fees will be evaluated based on the
applicant's contribution to the SWMP design requirements.
SP -5
W. The applicant shall report to the City Engineer the
The bypass and turn lanes at the intersection of TH
location of any drain tiles found during construction and shall re-
101 and West
locate or abandon the drain tile as directed by the City Engineer.
'
X. All erosion control measures shall be installed
'
prior to commencement of grading operations and be maintained until
BB.
all disturbed areas have been fully restored. The applicant shall
'
also be responsible for removal of all erosion control measures
'
upon completion of site grading. The city engineer will determine
trail which
the appropriate time and authorize the applicant to remove the
erosion control measures.
Y. Grading shall be prohibited within 10 feet of all
CC.
wetlands. Erosion control fence shall be installed outside the 10-
foot buffer as well.
,
Z. The final plat shall be revised to dedicate an 80
City prior to the final plat being recorded at the
foot wide right -of -way through Outlot D, Mission Hills for
'
extension of West 86th Street to connect with TH 101 or the
applicant shall dedicate to the city a permanent public roadway,
The applicant shall be responsible for obtaining and
drainage, utility and trail easement for this segment of West 86th
,
Street prior to the city signing the final plat.
outside the
AA.
The bypass and turn lanes at the intersection of TH
101 and West
86th Street shall be constructed by July 1, 1995 or
'
the city may
withhold issuing additional permits.
BB.
A 20 -foot wide trail easement shall be conveyed by
'
the applicant
to the city over the proposed 8 foot wide bituminous
trail which
surrounds the wetland located south of West 86th
Street.
'
CC.
The City will calculate the appropriate surface
water management fees for water quantity. These fees shall be
paid to the
City prior to the final plat being recorded at the
'
county.
DD.
The applicant shall be responsible for obtaining and
,
conveying the necessary permanent drainage and utility easements
outside the
plat to extend sanitary sewer service to the
development.
The final plat shall not be recorded without the
appropriate easement
first being conveyed to the city.
,
EE. The applicant shall provide cross - access easements '
over the development lying south of West 86th Street to provide
access to the utility ponds. On both the north and south sides of
West 86th Street the homeowners association shall permit the City
access to the storm water drainage system (ponds /wetland) to '
perform routine maintenance at all reasonable times.
FF. The applicant agrees, in writing, that the plat
shall be assessed for the extension of trunk and lateral sanitary
sewer and watermains over the property in accordance with the
feasibility study for Project No. 93 -32. Said assessments shall be
deemed adopted on the date this contract is signed by the City. '
SP -6
1
The applicant /developer waives any_ and all procedural and
substantive objections to the speciala`ssessment, including but not
limited to hearing requirements and any claim that the assessment
' exceeds the benefit to the property. The applicant /developer
waives any appeal rights otherwise available pursuant to M.S.A.
§429.081.
GG. Outlot B, Mission Hills shall be conveyed by
warranty deed to the city at no cost.
HH. The applicant shall provide to the city at no cost
the necessary utility easements along Trunk Highway 101 through the
Klingelhutz parcels to extend watermain to the Mission. Hills
' development.
' PUD DEVELOPMENT STANDARDS
Approval of the final PUD development plan with the following
' standards:
a. Intent
The purpose of this zone is to create a PUD neighborhood
commercial /mixed density housing zone. The use of the PUD
zone is to allow for more flexible design standards while
creating a higher quality and more sensitive proposal. All
utilities are required to be placed underground. Each
structure proposed for development shall proceed through site
plan review based on the development standards outlined below.
b. Permitted Uses
The permitted uses within the neighborhood commercial zone
' should be limited to appropriate commercial and service uses
consistent with the neighborhood. The uses shall be limited
to those as defined herein. If there is a question as to
whether or not a use meets the definition, the Planning
Director shall make that interpretation. The type of uses to
be provided on this outlot shall be low intensity neighborhood
oriented retail and service establishments to meet daily needs
of residents. Such uses may include small to medium sized
restaurant (no drive -thru windows), office, day care,
neighborhood scale commercial, convenience store, churches, or
other similar type and scale uses.
C. Setbacks
In the PUD standards, the building setback for commercial is
50 feet from any public right -of -way. The Parking setback
shall be 35 feet from any Public Right -of -Way and/ or interior
property line. There shall be a buffer separating the
' SP -7
residential portion from the commercial portion of the site.
This buffer shall be in the form of a berm and landscaping.
The following setbacks shall be observed:
d. Development Standards Tabulation Box
BLOCK USE Net Lot Density Hard
Area Surface
Coverage
Outlot E
Commercial
7.72 acres
Residential
138 Multi- Family
units
2 &3
Commercial
Street
Commercial
Residential
Parking Parking
ROW Street and
Building Setback
Building Setback
Setback
Setback
2.23 acres
Hwy. 212 and 101
Hwy. 101
50'
50'
20' 35'
Hwy. 212
50'
50'
20' 35'
West 86th
Street
50'
30' 20
d. Development Standards Tabulation Box
BLOCK USE Net Lot Density Hard
Area Surface
Coverage
Outlot E
Commercial
7.72 acres
1
138 Multi- Family
units
2 &3
16 Single - Family
units
4
56 Multi- Family
units
ROW Street and
court
1.17 acres
West 86th St
Right -of -Way
2.23 acres
Hwy. 212 and 101
Right -of -Way
18.68 acres
TOTAL AREA
116
61.67+
Lot
Lot
Lot
176.5
Area
Width
Ordinance
15,000
90'
BLOCK 2
18.00 acres 7.66370
8.55 acres 2.24
8.92 acres 6.2843.20
Home
Depth
125'
Lot
1 23,374
117.48
198.83
Lot
2 20,196
100.30
201.96
Lot
3 20,824
100.31
208.23
Lot
4 21,386
100.17
212.5
Lot
5 20,898
100.45
207
Lot
6 21,566
116
189
Lot
7 22,006
125
176.5
Home
Setback
30' front /30' rear
10' sides
BLOCK 3
Lot 1 16,349 108
Lot 2 15,126 95.6
Lot 3 15,554 90
Lot 4 16,185 90
Lot 5 15,232 127
Lot 6 24,778 55.62*
Lot 7 25,092 78.30*
Lot 8 15,752 76.6*
Lot 9 17,026 112
* denotes lots located on a cul -de -sac
Q. Building Materials and Design
RESIDENTIAL
150
155
172
180
134.5
189.06
189
135.25
147.5
Building's exterior material shall be a combination of a five
inch aluminum siding and brick. The architectural style is
generally classic with details such as arched transoms and
soffit returns over the entries of the one story homes and
horizontal transom windows over the two -story windows. On a
similar project elsewhere, exterior finishes were soft gray
and creamy white, featuring pearl gray siding, shell white
soffit /facia, and gray velour brick.
Finding The PUD requires that the development demonstrate a
higher quality of architectural standards and site design.
The two story buildings located on block 1, reflect some
architectural variation which makes the units more appealing.
The one story units located on Block 4 have limited
architectural variation. New elements should be added to give
the units some variation. This could be in the form of
changing the shape of windows, adding louvers, shifting entry
ways, and adding dormers.
COMMERCIAL
1. All materials shall be of high quality and durable.
Masonry material shall be used. Color shall be
introduced through colored block or panels.
2. Brick may be used and must be approved to assure
uniformity.
3. Block shall have a weathered face or be polished, fluted,
or broken face.
SP -9
f.
4.
Concrete may be poured in place, tilt -up or pre -cast, and
create a strong sense of street tree plantings using overstory
,
shall be finished in stone, textured or coated.
5.
Metal standing seam siding will not be approved except as
'
,
support material to one of the above materials or curtain
evergreen trees. The wetland will be highlighted with the
wall on office components.
introduction of native wetland species.
6.
All accessory structures shall be designed to be
'
spelled out in the PUD zone, all loading areas shall be
compatible with the primary structure.
screened. Each lot for development shall submit a separate
7.
All roof mounted equipment shall be screened by pitched
'
roofs. Wood screen fences are prohibited. Screening
shall consist of compatible materials.
'
8.
All buildings on the Outlot shall have a pitched roof
line.
9.
All mechanical equipment shall be screened with material
'
compatible to the building.
RESIDENTIAL
,
1.
Building exterior material shall be a combination of
prepainted 5" aluminum siding and brick.
,
2.
Arched transoms and soffit returns shall be used over the
entries of the one story units and horizontal transom
windows over the 2 story windows. Introduce some
variation among the buildings through the shape of
windows, adding louvers, shifting entry ways, and adding
dormers.
,
3. Colors used shall be earth tones such as soft gray,
creamy white, pearl gray, shell white, etc.). ,
4. Each unit shall have a minimum of 1 overstory tree within
its front yard. '
5. All units shall have access onto an interior street and
not 86th Street.
Site Landscaping and Screening
The planting plans prepared for the site are intended to
create a strong sense of street tree plantings using overstory
,
deciduous trees such as Summit Ash, Linden, and Sugar Maple.
Highways 101 and 212 will be buffered with a combination of
overstory evergreen trees and ornamental deciduous trees. The
,
outdoor private living areas will be buffered with the use of
evergreen trees. The wetland will be highlighted with the
introduction of native wetland species.
In addition, to adhere to the higher quality of development as
spelled out in the PUD zone, all loading areas shall be
screened. Each lot for development shall submit a separate
,
SP -10
i
landscaping plan as a part of the site plan review process.
Berms of 2 to 3 feet high 'shall be added along the Highway 101
and 212 right -of -way. These berms shall be seeded and /or
' sodded and bushes and trees shall be planted on them. All
disturbed areas within the single family lots shall be seeded
and /or sodded. Two trees with a minimum of a 2 inch caliper
' shall be planted within the front yard setback. These two
trees shall consist of one overstory evergreen tree and one
ornamental deciduous tree.
1. All open spaces and non - parking lot surfaces (outlot)
shall be landscaped, or covered with plantings and /or
lawn material.
2. Outdoor storage is prohibited.
3. Loading areas shall be screened from public right -of-
ways. Wing wall may be required where deemed
appropriate.
4. The Outlot shall be seeded and maintained in a weed free
condition in all areas proposed for future development.
g. Signage
COMMERCIAL
Staff is proposing one monument sign be permitted for the
outlot and one monument sign for the residential section of
' the PUD.
1. All businesses built within the outlot shall share one
monument sign. Monument signage shall be subject to the
' monument standards in the sign ordinance.
2. Wall signs are permitted on no more that 2 street
frontages. The total of each wall mounted sign display
areas shall not exceed (24 square feet).
3. All signs require a separate permit.
4. The signage will have consistency throughout the
development and shall tie the building materials to be
' consistent with the signs. Signs shall be an
architectural feature, they shall not be solely mounted
on a pole of a foundation.
' 5. Consistency in signage shall relate to color, size,
materials, and heights.
6. No illuminated signs within the outlot may be viewed from
the residential section of the PUD.
' 7. Only back -lit individual letter signs are permitted.
' SP -11
8. Individual letters may not exceed 3 feet in height.
9. Only the name and logo of the business occupying the unit
will be permitted on the sign. '
RESIDENTIAL '
One monument identification sign shall be permitted for the
residential development. The sign may not exceed 24 square feet in
area and 5 feet in height.
h. Lighting
Finding ,
1. All light fixtures shall be shielded high pressure sodium
fixtures. Light level for site lighting shall be no more '
than '� candle at the property line. This does not apply
to street lighting. The maximum height of a residential
street light shall not exceed 15 feet. Light fixtures '
within the outlot shall not exceed 25 feet.
2. Glare, whether direct or reflected, as differentiated
from general illumination shall not be visible beyond the
limits of the site from which it originates.
3. Lights shall be on a photoelectric cell to turn them on
and off automatically as activated by yearly conditions.
4. The outlot light poles shall be corten, shoe box light '
standards.
10. General Conditions. The general conditions of this '
Contract, approved by the City Council on April 11, 1994 are
attached as Exhibit "B" and incorporated herein. '
t
SP -12
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: TANDEM PROPERTIES
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
t 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 -13
EXHIBIT "A" I
LEGAL DESCRIPTION OF SUBJECT PROPERTY (MISSION HILLS):
That part of the Southeast Quarter of the Southwest Quarter and part of
'
Government Lot 3, all in Section 13, Township 116, Range 23, Carver County,
Minnesota, lying easterly of the centerline of State Trunk Highway No. 101 and
southerly of the following described line:
Commencing at the Northeast corner of said Southeast Quarter of the
Southwest Quarter; thence on an assumed bearing of South 00 degrees 52
minutes 40 seconds East, along the east line of said Southeast Quarter of
the Southwest Quarter, a distance of 519.26 feet to the point of beginning
,
of the line to be described; thence North 90 degrees 00 minutes 00 seconds
West a distance of 463.90 feet; thence South 00 degrees 00 minutes 00
seconds East a distance of 108.00 feet; thence North 90 degrees 00 minutes
00 seconds West a distance of 112.60 feet; thence South 00 degrees 00
'
minutes 00 seconds West a distance of 265.39 feet; thence North 90 degrees
00 minutes 00 seconds West a distance of 143.06 feet; thence North 15
degrees 33 minutes 37 seconds West a distance of 239.52 feet; thence North
69 degrees 17 minutes 02 seconds West a distance of 491.20 feet to the
,
centerline of State Trunk Highway No. 101, and there terminating.
Excepting therefrom that part of the south 233.00 feet of said Southeast Quarter
of the Southwest Quarter and Government Lot 3 which lies west of the east 50.00
feet of said Southeast Quarter of the Southwest Quarter and easterly of the
centerline of said State Trunk Highway No. 101.
Also, that part of the Southeast Quarter of the Southwest Quarter and part of
'
Government Lot 3, all in Section 13 and that part of the Northwest Quarter of
Section 24, all in Township 116, Range 23, Carver County, Minnesota, described
as follows:
Beginning at the northeast corner of said Northwest Quarter of Section 24;
thence South 00 degrees 50 minutes 54 seconds East, assumed bearing, along
the east line of said Northwest Quarter, a distance of 603.72 feet; thence
South 82 degrees 14 minutes 06 seconds West, a distance of 179.17 feet;
'
thence southwesterly and northwesterly, along a tangential curve, concave
to the north, having a radius of 2191.66 feet, a central angle of 17
degrees 13 minutes 08 seconds, for an arc distance of 658.66 feet; thence
North 80 degrees 32 minutes 45 seconds West, tangent to the last described
'
curve, a distance of 323.43 feet; thence northwesterly, along a tangential
curve, concave to the southwest, having a radius of 1737.04 feet, central
angle of 05 degrees 37 minutes 36 seconds, for an arc distance of 170.58
feet; thence North 00 degrees 50 minutes 54 seconds West, a distance of
'
256.16 feet; thence North 15 degrees 28 minutes 06 seconds East, a
distance of 260.00 feet; thence North 37 degrees 11 minutes 28 seconds
East, a distance of 183.24 feet; thence northwesterly, along a non
tangential curve, concave to the northeast, having a radius of 380.00
,
feet, a central angle of 05 degrees 35 minutes 05 seconds, for an arc
distance of 37.04 feet; thence North 44 degrees 12 minutes 35 seconds
West, a distance of 141.19 feet to the north line of the South 233.00 feet
of the Southwest Quarter; thence South 89 degrees 57 minutes 50 seconds
'
East, along said north line, a distance of 1208.74 feet to the west line
of the East 50.00 feet of said Southeast Quarter of the Southwest Quarter;
thence South 00 degrees 52 minutes 40 seconds East, a distance of 233.03
feet to the south line of said Southeast Quarter of the Southwest Quarter
of Section 13; thence South 89 degrees 57 minutes 50 seconds East, along
said south line, a distance of 50.01 feet to the actual point of
beginning.
Also, that part of the Southeast Quarter of the Southwest Quarter of Section 13,
Township 116, Range 23, Carver County, Minnesota, described as follows:
SP -14
Commencing at the southeast corner of said Southeast Quarter of the
Southwest Quarter; thence North 89 degrees 57 minutes 50 seconds West,
assumed bearing, along the" "south line 'of said Southeast Quarter of the
Southwest Quarter, a distance of 50.01 feet to the west line of the East
50.00 feet of said Southeast Quarter of the Southwest Quarter; thence
North 00 degrees 52 minutes 40 seconds West, along said west line of the
East 50.00 feet, a distance of 233.03 feet to the north line of the South
233.00 feet of said Southeast Quarter of the Southwest Quarter; thence
North 89 degrees 57 minutes 50 seconds West, along said north line of the
South 233.00 feet, a distance 1208.74 feet to the actual point of
beginning; thence South 44 degrees 12 minutes 35 seconds East, a distance
of 141.19 feet; thence southeasterly, along a tengential curve, concave to
the northeast, having a central angle of 05 degrees 35 minutes 05 seconds,
a radius of 380.00 feet, for an arc distance of 37.04 feet; thence South
37 degrees 11 minutes 28 seconds West, a distance of 183.24 feet; thence
South 15 degrees 28 minutes 06 seconds West, a distance of 260.00 feet;
' thence South 00 degrees 50 minutes 54 seconds East, a distance of 256.16
feet; thence westerly, along a non - tangential curve, concave to the south,
having a central angle of 04 degrees 18 minutes 10 seconds, a radius of
1737.04 feet, for an arc distance of 130.45 feet, the chord of said curve
' bears North 88 degrees 19 minutes 26 seconds West; thence South 89 degrees
31 minutes 29 seconds West, tangent to last described curve, a distance of
443.27 feet; thence North 00 degrees 39 minutes 40 seconds West, a
distance of 27.49 feet; thence northeasterly, concave to the southeast,
' having a central angle of 45 degrees 51 minutes 52 seconds, a radius of
806.47 feet, for an arc distance of 645.57 feet; thence North 45 degrees
12 minutes 13 seconds East, a distance of 241.36 feet to said north line
of the South 233.00 feet; South 89 degrees 57 minutes 50 seconds East,
along said north line of the South 233.00 feet, a distance of 215.26 feet
to the actual point of beginning.
LEGAL DESCRIPTION OF SUBJECT PROPERTY (MISSION HILLS 2ND ADDITION):
' Outlot A, Mission Hills according to the plat of record thereof, Carver County,
Minnesota.
11
t
SP -15
CONSENT I
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 -16
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 -16
i
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
i 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
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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.
GC -2
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall ; d_aily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
' that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
' all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
' the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
' authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Birch
Linden Ginkgo
' Locust Kentucky Coffee Tree
GC -3
r
Hackberry Hawthorn'
Oak Hickory
Other species of trees may be approved by the building inspector.
,
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2;.�) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
'
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee in the
form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months
after the certificate of occupancy issued, except that if the
certificate of occupancy is issued between October 1 through May 1
these conditions must be complied with by the following July 1st.
Upon expiration of the time period, inspections will be conducted
by City staff to verify satisfactory completion of all conditions.
City staff will conduct inspections of incomplete items with a
'
$50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactory inspection, the financial guarantee
shall be returned. If the requirements are not satisfied, the City
may use the security to satisfy the requirements. The City may
'
also use funds for maintenance of erosion control or to satisfy any
other requirements of this Contract or of City ordinances. The
City has established the financial guarantee at $750.00 per lot;
however, this may be increased annually based upon cost. These
requirements supplement, but do not replace, specific landscaping
conditions that may have been required by the City Council for
'
project approval.
13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free at the time of planting. All
landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to '
secure the warranties at the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control, and Tree Removal
Plan shall be submitted for each lot as required in the Special
Provisions, for review and approval by the City Engineer. Each
plan shall assure that drainage is maintained away from buildings
and that tree removal is consistent with City Ordinance.
GC -4 '
I
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 (3 %) of construction costs;
ii) if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3 %) of construction
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2 of construction costs
for the first $1,000,000 and one and one -half
percent (1 of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
GC -5
t
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
r
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.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
GC-6
i
i
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
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
GC -7
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
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
'
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
GC -8
of City snow plowing service does not constitute final acceptance
of the streets by the City.-,
0. Storm Sewer Maintenance The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, catch basins, and swales) within the plat and the
adjacent off -site storm sewer system that receives storm water from
1 the plat. The Developer shall follow all instructions it receives
from the City concerning the cleaning and maintenance of the storm
sewer system. The Developer's obligations under this paragraph
' shall end when the warranty period for public improvements, as
provided for in this contract, ends.
P. Soil Treatment Systems If soil treatment systems
are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
' need to be located for each violated site in order to obtain a
building permit.
Q. Variances By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
R. Compliance with Laws, Ordinances, and Regulations
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
' and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
' departments and commissions.
S. Proof of Title Upon request, the Developer shall
' furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
t' T. Soil Conditions The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
' improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City-
GC-9
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.
7
GC -10 I