4b. Approve Development Contract and Construction Plans and Specs for Highlands on Lake St. JoeI MEMORANDUM
CITY OF qb
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
I TO: Charles Folch, Director of Public Works /City Engineer
ACUM 69 Chy MnlInlit AW
Fi&mbd ✓
Itilod
IDe�ecte -
5 :3 y s
Date Submitted to Commission
1 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 am
' available fore )review in the Engineering Department. 0 - FR"" i_
c: Mike Pflaum, Lundgren Bros. Construction, Inc. �,,
Revi,l;
g:\ eng \projects\highland \devcon.cc
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Approvod
CITY OF CHANHASSEN
HIGHLANDS ON LAKE ST. JOE
PROJECT NO. 93 -31
BREAKDOWN OF ADMINISTRATION FEES - 10/20/93
REVISED 5/2/95
Estimated Total Cost of Public Improvements ........................ $752,060.00*
- 3% of Public Improvement Costs (Under $500,000) ................... $ 15,000.00
- 2% of Public Improvement Costs (Over $500,000) .................... $ 5,041.00
- Street Lighting Charge (For Electricity) 7 at $200 .................... $ 1,400.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat) ........ $ 350.00
- Recording Fees
a. Development Contract ... ............................... $ 30.00
- 1/3 Park and Trail Fees ($1,200/lot x 35 lots - 3) .................... $ 14,000.00
- SWMP Fees ................ ............................... $ 46,246.00
TOTAL ADMINISTRATION FEES ............................... $ 82.067.00
*Does not include landscaping costs
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I CITY OF CHANHASSEN
I CARVER AND HENNEPIN COUNTIES, MINNESOTA
' HIGHLANDS ON LAKE ST. JOE
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
1
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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 -5
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . . . . . . .
. . GC -1
2.
PHASE DEVELOPMENT . . . . . . . . . . . . . . . .
. . GC -1
3.
EFFECT OF SUBDIVISION APPROVAL . . . . . . . . . .
. . GC -1
4.
IMPROVEMENTS . . . . . . . . . . . . . . . . . . .
. . GC -1
5.
IRON MONUMENTS . . . . . . . . . . . . . . . . . .
. . GC -2
6.
LICENSE . . . . . . . . . . . . . . . . . . . . .
. . GC -2
7.
SITE EROSION CONTROL . . . . . . . . . . . . . . .
. . GC-2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OR OTHER
BUILDING . . . . . . . . . . . . . . . . . . . . .
. . GC -3
8.
CLEAN UP . . . . . . . . . . . . . . . . . . . . .
. . GC -3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS . . . . .
. . GC -3
10.
CLAIMS . . . . . . . . . . . . . . . . . . . . . .
. . GC -3
11.
PARK AND TRAIL DEDICATION . . . . . . . . . . . .
. . GC -3
12.
LANDSCAPING . . . . . . . . . . . . . . . . . . .
. . GC -3
13.
WARRANTY . . . . . . . . . . . . . . . . . . . . .
. . GC -4
14.
LOT PLANS . . . . . . . . . . . . . . . . . . .
. . GC-4
15.
EXISTING ASSESSMENTS . . . . . . . . . . . . . . .
. . GC -5
16.
STREET LIGHTING . . . . . . . . . . . . . . . . .
. . GC -5
17.
SIGNAGE . . . . . . . . . . . . . . . . . . . . .
. . GC -5
18.
HOUSE PADS . . . . . . . . . . . . . . . . . . . .
. . GC -5
19.
RESPONSIBILITY FOR COSTS . . . . . . . . . . . . .
. . GC -5
20.
DEVELOPER'S DEFAULT . . . . . . . . . . . . . . .
. . GC -6
21.
MISCELLANEOUS
A. Construction Trailers . . . . . . . . . . . .
. . GC -7
B. Postal Service . . . . . . . . . . . . . . .
. . GC -7
C. Third Parties . . . . . . . . . . . . . . . .
. . GC -7
D. Breach of Contract . . . . . . . . . . . . .
. . GC -7
E. Severability . . . . . . . . . . . . . . . .
. . GC -7
F. Building Permits . . . . . . . . . . . . . .
. . GC -7
G. Waivers /Amendments . . . . . . . . . . . . .
. . GC -7
H. Release . . . . . . . . . . . . . . . . . . .
. . GC -7
I. Insurance . . . . . . . . . . . . . . . . . .
. . GC -7
J. Remedies . . . . . . . . . . . . . . . . .
. . . GC -8
K. Assignability . . . . . . . . . . . . . . .
. . . GC -8
L. Construction Hours . . . . . . . . . . . .
. . . GC -8
M. Access . . . . . . . . . . . . . . . . . .
. . . GC -8
N. Street Maintenance . . . . . . . . . . . .
. . . GC -8
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0. Storm Sewer Maintenance . . . . .
P. Soil Treatment Systems . . . . .
Q. Variances . . . . . . . . . . . .
R. Compliance with Laws, Ordinances,
S. Proof of Title . . . . . . . . .
T. Soil Conditions . . . . . . . . .
U. Soil Correction . . . . . . . . .
ii
. . . . . . . . GC -9
. . . . . . . . GC -9
. . . . . . GC -9
and Regulations GC -9
. . . . . . . . GC -9
. . . . . . . . GC -9
. . . . . . . . GC -10
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
J
HIGHLANDS ON LAKE ST. JOE
SPECIAL PROVISIONS
AGREEMENT dated May 8 , 1995, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation (the
"Developer ").
1. Request
City to approve a
this Contract as
Exhibit "A ".
C
for Plat Approval. The Developer has asked the
plat for HIGHLANDS ON LAKE ST. JOE (referred to in ,
the "plat "). The land is legally described on
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- -Final Plat prepared by Sathre - Bergquist, Inc.
approved by the Chanhassen City Council on
May 8, 1995.
Plan B -- Grading, Drainage and Erosion Control Plan dated
August 13, 1993, Revised May 2, 1995,
prepared by Sathre - Bergquist, Inc.
Plan C- -Plans and Specifications for Public Improvements
dated September 27, 1993, Revised May 2, 1995,
prepared by Sathre - Bergquist, Inc.
Plan D -- Landscape Plan for Highlands on Lake St. Joe
prepared by Gene Ernst dated February 28, 1994.
SP -1
' 4. Improvements. The Developer shall install and pay for
the following:
' A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
' J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. 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.
' 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
$ 838,300.00 The amount of the security was calculated as 110%
' of the following:
Sanitary sewer . . . . . . . . . . .
. . $
98,560.00
Watermain . . . . . . . . . . . .
. . $
81,000.00
On -site storm sewer
$
110,500.00
Streets . . . . . . . . . . . . . .
. . $
183, 000.00
Street lights and signs . . . . . . .
. . $
2,000.00
'
Site grading, erosion control and
site restoration . . . . . . . . . .
. . $
225,000.00
Engineering, surveying, and inspection . $
50,000.00
1
Landscaping . . . . . . . . . . . . .
. . $
10,000.00
Iron Monuments to delineate conservation
easement . . . . . . . . . . . . . .
. . $
2,000.00
'
TOTAL COST OF PUBLIC IMPROVEMENTS . .
. . $
762.060.00
This breakdown is for historical reference; it is
not a
restriction
on the use of the security. The security shall
be subject to the
approval
of the City. The security shall be
for a
term ending
December
31, 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:
Lundgren Bros. Construction, Inc.
935 East Wayzata Boulevard
Wayzata, MN 55391
Telephone: (612) 473 -1231
Facsimile: (612) 473 -7401
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
A. The applicant shall enter into a development
contract with the City and provide the necessary financial security
to guarantee the installation of the public improvements.
B. The applicant shall construct public utility and
street improvements in accordance with the City's 1995 Standard
Specifications and Detail Plates. Updated construction plans and
specifications shall be submitted to the City's Engineering
Department for review and formal approval by the City Council in
conjunction with final plat approval.
C. The applicant shall obtain all necessary permits
from the Watershed District, DNR, Army Corps of Engineers, MPCA,
Health Department and MWCC.
D. Site restoration, vegetative cover and erosion
control efforts shall follow the City's Best Management Practices
Handbook for erosion and sediment control. All access points from
the construction site to a hard - surface road shall be surfaced with
crushed rock in accordance with the City's Best Management
Practices Handbook.
E. The applicant shall place a sign on barricades at
the end of the temporary cul -de -sac on Ridgehill Road indicating
"THIS STREET SHALL BE EXTENDED IN THE FUTURE." Notice of the
extension shall be placed in the chain -of -title of each lot.
SP -3
F,
' F. Compliance with the Park and Recreation Commission's
recommendations of acceptance of park and trail fees in lieu of
' land dedication. These fees will be paid on a per lot basis at the
rate in force upon building permit application. The current
residential park fee for single family dwellings is $900.00 per
unit. Full trail dedication fees in lieu of a trail easement.
' These fees are to be paid on a per lot basis at the rate in force
upon building permit application. The current residential rate for
single family dwellings is $300.00 per unit.
' G. Compliance with the city's wetland regulation
include permanent monumentation staking setbacks and native
vegetation. 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 accepting the utilities
and will charge the applicant $20 per sign.
' H. A buffer strip shall be provided adjacent to all
wetlands. The wetland adjacent to Lake St. Joe is classified as a
' natural wetland. The buffer strip width may vary from 10 to 30
feet wide as long as the average buffer strip width is 20 feet.
The other wetland is located on Lots 8 and 9, Block 1 and are
classified as ag /urban. The buffer strip width may vary from 0 to
' 20 feet wide as long as the average buffer strip width is 10 feet.
Only one building permit may be issued prior to a wetland buffer
strip which meets city ordinance is approved by the Planning
' Department.
I. Compliance with the Building Official's
' recommendations.
1. Details on corrected pads must be furnished to the Inspection
Division. Pads that are corrected at the time streets are
' installed should be submitted to the Inspections Division
before City acceptance of the subdivision. Data on lots that
are individually corrected shall be submitted before
Certificate of Occupancy is issued. Details on corrected pads
should include a soils report compaction tests, the limits of
the corrected pads and elevation of the excavation.
' J. The existing dock on Lake St. Joe from the Boley
property shall be removed at the time of grading within the plat.
' K. The applicant will be responsible for a storm water
quantity connection charge of $46,246. These fees are payable to
the City prior to the City filing the final plat.
' L. Site grading may proceed prior to recording of the
final plat contingent upon the applicant entering into development
contract with the city and provide the city with a financial
security in the amount of $225,000 to guarantee erosion control
measures, site restoration and grading.
SP -4
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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SP -5
CITY OF CHANHASSEN
'
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
t LUNDGREN
BROS. CONSTRUCTION, INC.
BY:
'
Its President
STATE OF MINNESOTA )
'
(
ss.
COUNTY OF CARVER )
'
The foregoing instrument
was acknowledged before me this
day of
, 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation,
on behalf of the corporation and pursuant to
the authority granted
by its City Council.
'
NOTARY PUBLIC
STATE OF MINNESOTA )
(
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by ,
the President of Lundgren Bros. Construction, Inc., a Minnesota
' corporation.
NOTARY PUBLIC
' DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
' 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
' (612) 452 -5000
SP -6
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of Government Lot 3, Section 7, Township 116, Range 23, lying
north and west of the following described line:
Commencing at the southeast corner of said Government Lot 3;
thence northerly along the east line of said Government Lot 3,
a distance of 75.00 feet to the point of beginning of the line
to be described; thence westerly, parallel with the south line
of said Government Lot 3, a distance of 547.00 feet; thence
southerly, parallel with the east line of said Government Lot
3, to the south line of said Government Lot 3; thence westerly
along said south line to the southwest corner of said
Government Lot 3, and said line there terminating.
Together with that part of the Southwest Quarter of the Northeast Quarter
of said Section 7, lying east of the following described line:
Commencing at the northeast corner of said Southwest Quarter
of the Northeast Quarter; thence westerly along the north line
of said Southwest Quarter of the Northeast Quarter, 110.00
feet to the point of beginning of the line to be described;
thence southerly 1240.16 feet to the intersection with a line
75.00 feet north of and parallel with the south line of said
Southwest Quarter of the Northeast Quarter, and the south line
of Government Lot 3 of said Section 7, at a point distant
1385.10 feet west of the east line of said Government Lot 3,
as measured along said parallel line; thence southerly and
parallel with the east line of said Southwest Quarter of the
Northeast Quarter of the south line of said Southwest Quarter
of the Northeast Quarter, and said line there terminating.
That part of Government Lot 3, Section 7, Township 116, Range 23,
described as follows:
Beginning at the southeast corner of said Government Lot 3;
thence northerly along the east line of said Government Lot 3,
a distance of 75.00 feet; thence westerly, parallel with the
south line of said Government Lot 3, a distance of 547.00
feet; thence southerly, parallel with the east line of said
Government Lot 3 to the south line of said Government Lot 3;
thence easterly along said south line to the southeast corner
of said Government Lot 3, and the point of beginning.
SP -7
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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
5'
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of , 19
STATE OF MINNESOTA
t 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
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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
GC -1
1
instruct its project engineer/ inspector to respond to questions
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.
agents, employees,
plat to perform all
City in conjunction
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The Developer hereby grants the City, its
officers and contractors a license to enter the ,
work and inspections deemed appropriate by the
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
GC -2
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'
control, i.e. hay
bales and silt fence. The Developer shall remove
maintain a neat and
and dispose of the erosion control measures.
orderly
'
7a. Erosion
Control During Construction of
a Dwelling or
including blowables, from streets and the surrounding area
Other Building.
Before a building permit
is issued for
by the Developer, its
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.
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.
I
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
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8.
Clean up. The Developer shall
maintain a neat and
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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.
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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
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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
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
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' 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
' review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with City Ordinance.
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15. Existing Assessments. Any existing assessments against
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 i
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 (3 %) of construction costs;
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;
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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.
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.
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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.
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
f 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
GC -7
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
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
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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
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.
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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,
GC -9
departments and commissions.
'
S. Proof of Title Upon request, the Developer
shall furnish the City with evidence satisfactory to the City that
,
it has the authority of the fee owners and contract for deed
purchasers too enter into this Development Contract.
T. Soil Conditions The Developer acknowledges
'
that the City makes no representations or warranties as to the
condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the
'
Developer may make use of such property. The Developer further
agrees that it will indemnify, defend, and hold harmless the City,
its governing body members, officers, and employees from any claims
or actions arising out of the presence, if any, of hazardous wastes
or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
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.
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