1j2 Arboretum Village SpecsCITYOF
, CenterDfive, PO Box 147
Cha,hasse,, Min,esota 55317
?hone 612937.1900
General F~r 612. 937. 5739
Engineering Fax' 612.937.9152
Public SafeO, Fax' 612.934.2524
Web wwu:d, chanhassen, mn. us
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Teresa Burgess, Director of Public Works/City Engineer
Saam, Project Engineer t&[~fb-O
Matt
May 9, 2001
Approve Development Contract and Construction Plans and
Specifications for Arboretum Village - Project No. 01-06
The attached development contract incorporates the conditions of approval from
the final platting and construction plans and specifications review process. Staff
has calculated the required financial security to guarantee compliance with the
terms of the development contract at $3,046,188.00 and the administration fees
total of $247,815.90 which includes 1/3 of the required Park/Trail fees and all
SWMP fees.
The applicant has also submitted detailed construction Plans and speCifications for
staff review and City Council approval. Staffhas reviewed the plans :and
specifications and f'mds the plans still need some minor modifications. Staff
requests that the City Council grant staff the flexibility to administratively approve
the plans after working with the applicant's engineer to modify the plans
accordingly. It is therefore recommended that the construction plans and
specifications for Arboretum Village dated April 23, 2001, prepared by Hedlund
Engineering and the development contract dated May 14, 2001 be approved
conditioned upon the following:
.
The applicant shall enter intO the development contract and supply the City
with a cash escrow or letter of credit in the amount of $3,046,188.00 and pay
an administration fee of $247,815.90.
2. The applicant's engineer shall work with City staff in revising the construction
plans to meet City standards.
Attachments: 1.
2.
o
Development Contract dated May 14, 2001.
Construction plans and specifications are available for
review in the Engineering Department.
Breakdown of administration fees dated May 9, 2001.
c: Dennis Griswold, Pulte Homes
g:\eng\projectsXarboretum villages~approve dc.doc
'he City of Chanhassen. A ~owing community with clean lakes, quality schools, a charmin~ downtown, thrivine businesses, and beautiful/)arks. A ereat o/ace to live, work, and
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ARBORETUM VILLAGE
DEVELOPMENT CONTRACT/PUD AGREEMENT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
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2.
3.
4.
5.
6.
7.
8.
9.
REQUEST FOR PLAT APPROVAL ............................................................................ SP-1
CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1
DEVELOPMENT PLANS ............................................................................................ SP- 1
IMPROVEMENTS ........................................................................................................ SP-2
TIME OF PERFORMANCE ......................................................................................... SP-2
SECURITY .................................................................................................................... SP-2
NOTICES ....................................................................................................................... SP-3
OTHER SPECIAL CONDITIONS ................................................................................ SP-3
GENERAL CONDITIONS ............................................................................................ SP-7
GENERAL CONDITIONS
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2.
3.
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5.
6.
7.
7A.
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9.
10.
11.
12.
13.
14.
15.
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22.
RIGHT TO PROCEED ................................................................................................. GC-1
PHASE DEVELOPMENT ........................................................................................... GC-1
EFFECT OF SUBDIVISION APPROVAL .................................................................. GC-1
IMPROVEMENTS ................................................................ . ....................................... GC-1
IRON MONUMENTS .................................................................................................. GC-2
LICENSE ........................................................................... . .......................................... GC-2
SITE EROSION CONTROL ........................................................................................ GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING ............................................................................................ :. ...................... GC-2
CLEAN UP ................................................................................................................... GC-2
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-2
CLAIMS .......................................................................... '. ............................................. GC-3
PARK AND TRAIL DEDICATION ............................................................................ GC-3
LANDSCAPING .......................................................................................................... GC-3
WARRANTY ............................................................................................................... GC-4
LOT PLANS ................................................................................................................. GC-4
EXISTING ASSESSMENTS ....................................................................................... GC-4
HOOK-UP CHARGES ................................................................................................. GC-4
PUBLIC STREET LIGHTING ..................................................................................... GC-4
SIGNAGE ..................................................................................................................... GC-4
HOUSE PADS ............................................................................................................... GC-4
RESPONSIBILITY FOR COSTS .................................................................................. GC-4
DEVELOPER'S DEFAULT ......................................................................................... GC-6
MISCELLANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service .................................................................................................... GC-6
C. Third Parties ...................................................................................................... GC-6
D. Breach of Contract ............................................................................................ GC-6
E. Severability ....................................................................................................... GC-7
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EXHIBIT C-
EXHIBIT D -
Building Permits ............................................................................................... GC-7
Waivers/Amendments ....................................................................................... GC-7
Release .............................................................................................................. GC-7
Insurance ........................................................................................................... GC-7
Remedies ........................................................................................................... GC-7
Assignability ..................................................................................................... GC-7
Construction Hours ........................................................................................... GC-8
Noise Amplification .......................................................................................... GC-8
Access ............................................................................................................... GC-8
Street Maintenance ............................................................................................ GC-8
Storm Sewer Maintenance ................................................................................ GC-8
Soil Treatment Systems .................................................................................... GC-8
Variances ........................................................................................................... GC-9
Compliance with Laws, Ordinances, and Regulations ...................................... GC-9
Proof of Title ..................................................................................................... GC-9
Soil Conditions ................................................................................................. GC-9
Soil Correction .................................................................................................. GC-9
Haul Routes ............................................................................................................ GC-9
Development Signs .............................................................................................. GC- 10
Construction Plans ............................................................................................... GC- 10
DESIGN STANDARDS .................................................................................. C 1-C4
CONSERVATION EASEMENT
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT/PUD AGREEMENT
(Developer Installed Improvements)
ARBORETUM VILLAGE
SPECIAL PROVISIONS
AGREEMENT dated May 14, 2001 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and PULTE HOMES OF MINNESOTA
CORPORATION, a Minnesota corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
ARBORETUM VILLAGE (referred to in this Contract as the "plat"). The land is legally described
on the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the Cohtract, 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 approved May 14, 2001, prepared by Hedlund Engineering.
Plan B:
Grading, Drainage and Erosion Control Plan dated April 23, 2001, prepared by
Hedlund Engineering.
Plan C:
Plans and Specifications for Improvements dated April 23, 2001, prepared by
Hedlund Engineering.
Plan D:
Landscape Plan dated March 2, 2001, prepared by Hedlund Engineering.
Plan E:
PUD Development Design Standards (Exhibit C).
Revised 3/24/99
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 Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
August 15, 2002. 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 ale, tter of credit from a bank or cash
escrow ("security") for $3,046,188.00. The amount of the security was calculated as 110% of the
following:
Traffic Signal
Site Grading/Restoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Streets
Street lights and signs
Erosion control
Engineering, surveying, and inspection
Landscaping
Project No. 97-6A Special Assessment
Project No. 00-01 Special Assessment
$ 1,900.00
$ 479,600.00
$ 241,130.00
$ 194,230.00
$ 153,472.00
$ 476,875.00
$ 11,100.00
$ 42,655.00
$ 112,067.00
$ 218,900.00
$ 254,737.00
$ 582,596.00
TOTAL COST OF PUBLIC IMPROVEMENTS
$ 2,769,262.00
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 15, 2002. The City may draw down the security, without notice, for any violation of the
SP-2
terms of this Contract. If the required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the draw shall be used to cure the default. With City approval, the security may be reduced
from time to time as financial obligations are paid, but in no case shall the security be reduced to a
point less than 10% of the original amount until all improvements are complete and accepted by the
City.
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:
Dennis R. Griswold
Pulte Homes of Minnesota Corporation
1355 Mendota Heights Road, Suite 300
Mendota Heights, MN 55120-1112
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 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 937-1900.
ho
8. Other Special Conditions.
· Final platting for the commercial area located in Outiot D into lot(s) and block(s) shall
include a site plan review and approval. Permitted uses and design guidelines are specified
in the Design Standards.
Bo
Submit soils report to the Inspections Division. This shall be done prior to issuance of
any building permits.
C.
All utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. Detailed street and utility
plans and specifications shall be submitted for staff review and City Council approval.
The utility systems, upon completion, will be owned and. maintained by the City. The
private streets shall be constructed to support 7-ton per axle design weight in accordance
with the City Code 20-1118 "design of parking stalls and drive aisles." The private
streets shall be located in a strip of property or easement 40 feet wide.
D~
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e., Watershed District, Metropolitan Environmental Service Commission, Health
Department, Minnesota Pollution control Agency, Minnesota Department of Natural
Resources, and Minnesota Department of Transportation and comply with their
conditions of approval.
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The applicant shall include a draintile system behind the curbs to convey sump pump
discharge from units not adjacent to ponds or wetlands.
The appropriate drainage and utility easements shall be dedicated on the final plat for all
utilities and ponding areas lying outside the right-of-way. The easement width shall be a
minimum of 20 feet wide. Consideration should also be given for access and/or
maintenance of the ponding areas.
No berming or landscaping will be allowed within the right-of-way except landscaping
along the frontage road in accordance with the Trunk Highway 5 Corridor Study.
The lowest floor or opening elevation of all buildings shall be a minimum of 2 feet above
the 100-year high water level of adjacent ponds, wetlands or creeks.
If importing or exporting material for development site grading is necessary, the applicant
shall supply the City with detailed haul routes and traffic control plans for review and
approval. Also, any off-site grading will require temporary easements.
The applicant shall report to the City Engineer the location of any draintiles found during
construction and shall relocate or abandon the drain-tile as directed by the City Engineer.
Access to the commercial parcel may be limited to a right in/fight out along Century
Boulevard and a full-shared access off West 78th Street with the parcel to the east. A
cross access agreement will be required at the time of ~lnal platting.
Site grades adjacent to West 78th Street, Century Boulevard, Trunk Highway 41 and
Trunk Highway 5 shall be compatible with the future widening of Trunk Highway 5.
Landscaped median islands maybe permitted within the public streets contingent upon the
developer entering into an encroachment agreement with the city and the medians do not
pose a traffic safety issue.
A Conservation Easement prohibiting any alteration shall be created to preserve the stand
of trees adjacent to Highway 5. The conservation easement shall be dedicated in Phase I.
Language should be added to state in the form of the attached Conservation Easement
(Exhibit D). The developer shall convey to the city Outlots E, F and G by warranty deed,
free and clear of all encumbrances.
Accessibility shall be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota
State Building Code Chapter 1341. Further information is needed to determine these
requirements.
SP-4
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Walls and projections within 3 feet of property lines shall be of one-hour fire-resistive
construction.
Any building classified as an R-1 occupancy (a building containing three or more
dwelling units on the same property) and with over 8500 gross square feet of floor area
shall be protected with an automatic sprinkler system.
The buildings will be required to be designed by an architect and engineer as determined
by the building official.
The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
Landscaping and tree preservation:
o
Tree protection fencing shall be installed prior to construction around all areas
designated for preservation.
2,
All evergreens used as overstory trees in buffer yard areas shall be increased to a
minimum height of 8 feet. The plant schedule on the landscape plan shall be
changed to reflect this requirement.
o
The minimum number of shrubs shall be required, in buffer yard areas along
Highways 5 and 41. The applicant shall work with staff to meet minimum
requirements for shrubs along WeSt 78th Street.
4. Boulevard trees along West 78th Street shall be spaced 55 feet apart.
o
All Colorado spruce specified in landscape plans shall be replaced by a new
selection of evergreen.
o
Proposed trail along the eastern property line shall be realigned and field located in
order to completely avoid tree #1743 and the majority of its roots.
7. A revised landscape plan shall be submitted to the city for approval.
o¸
The applicant shall work with city staff to preserve any or all of the following trees:
#1369 (52" oak), #1743 (60" oak), #1742 (48" oak), #2173 (42" oak), and #1881
(36" maple).
o
A walk through inspection of the silt/tree preservation fence shall be required prior
to construction.
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FF.
To ensure clear communication the applicant shall have all homebuyers sign a disclosure
statement that would be part of their restrictive covenants. The statement shall include
information about Miss Rosie's Petting Farm, Gateway Group Home and potential future
road extension. Signed statements shall be submitted to the City.
Outlot F is being dedicated to the city, so the right-of-way is controlled by the city. The
developer shall convey to the city Outlot F by warranty deed, free and clear of all
encumbrances.
The applicant will be responsible (security) for a portion of the cost of the future traffic
signal at the intersection of Trunk Highway 41 and West 78th Street.
The main loop streets north and south of West 78th Street and the street accessing the city
park in the northeast comer shall be a public street. These shall be a 60 foot right-of-way
but the city will approve design standards (less than standard pavement width). A
standard asphalt width of 31 feet.
Sanitary sewer shall also be extended to the property line of the McAllister property.
The developer shall work with the city to accomplish city goals for housing including the
provision of"affordable housing" a minimum of 30% of the ownership housing shall
meet the criteria established for affordability by the Metropolitan Council. The developer
shall also work with the citY on affordability mechanisms for Income Qualifying and
Maintenance of Affordability.
The remaining park dedication requirement be collected in cash in the amount of $18,646
prior to the City signing the final plat.
Pulte Homes shall construct the north and east wetland trail as public amenities with
reimbursement from the city's trail dedication fund. All necessary public easements
required to accommodate these trails shall be dedicated to the city.
Full trail dedication fees be collected in the amount of $29,265 prior to the City signing
the final plat.
The open space north of Highway 5 shall have a conservation easement. Language should
be added to state in the form of the attached Conservation Easement.
Access to the McAllister property must be provided over Outlot J.
City Improvement Project 97-6A will provide trunk and lateral watermains to serve the
project. Based upon estimated project costs, the special assessment for the project is
estimated to be $254,737. The amount of the final assessment will be adjusted based
upon final project costs and assessment apportionment. The Developer waives any and
SP-6
all procedural and substantive objections to the public improvements and special
assessments, including but not limited to hearing requirements and any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal tights
otherwise available pursuant to M.S.A. § 429.081.
GG.
City Improvement Project No. 00-01, [IC-7/BC-8 will provide trunk and lateral sewer and
water utilities to serve the project. Based upon estimated project costs, the special
assessment for the project is estimated to be $582,596. The amount of the final
assessment will be adjusted based upon final project costs and assessment apportionment.
The Developer waives any and all procedural and substantive objections to the public
improvements and special assessments, including but not limited to heating requirements
and any claim that the assessments exceed the benefit to the property. The Developer
waives any appeal tights otherwise available pursuant to M.S.A. §429.081.
HH. Pulte Homes of Minnesota Corporation shall sign the Minnesota Department of
Transportation Permit to Construct for West 78th Street.
Sanitary sewer and water hookup charges shall be collected at the time of each building
permit issuance. The current 2001 hookup charges are $1,322 for sanitary sewer and $1,723
for water.
9. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and in. corporated herein.
SP-7
CITY OF CHANHASSEN
(SEAL)
BY:
Linda C. Jansen, Mayor
Scott A. Botcher, City Manager
Pulte Homes of Minnesota Corporation
BY:
Dennis R. Griswold, Director of Land
STATE OF MINNESOTA )
( SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this __ day of ,
20 , by Linda C. Jansen, Mayor, and by Scott A. Botch, er, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
STATE OF MINNESOTA )
( SS.
COUNTY OF )
NOTARY PUBLIC
The foregoing instrument was acknowledged before me this __ day of ,
20 , by Dennis R. Griswold, Director of Land for Pulte Hr'~mes of Minnesota Corporation, a
Minnesota corporation.
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(952) 937-1900
SP-8
NOTARY PUBLIC
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Southeast Quarter of Section 9, Township 116, Range 23, Carver County,
Minnesota, lying westerly of the west line of Outlot K, THE MEADOWS AT LONGACRES,
Carver County, Minnesota.
The East Half of the Southwest Quarter of Section 9, Township 116, Range 23, Carver County,
Minnesota, except the following described properties:
Beginning at the center of Section 9, Township 116, Ranger 23, Carver County, Minnesota;
thence west along the north line of the Southwest Quarter of said Section a distance of
228.05 feet; thence deflecting to the left 49 degrees 15 minutes a distance of 514.8 feet
along the easterly right of way line of State Highway No. 41; thence deflecting to the left
130 degrees 45 minutes on a line parallel to the north line of said Southwest Quarter of said
Section a distance of 571 feet more or less to a point on the east line of the Southwest
Quarter of said Section distant 390 feet south of the center of said Section; thence north
along the east line of the Southwest Quarter of said Section a distance of 390 feet to the
point of beginning, according to the United States Government Survey thereof.
That part of said East Half described as follows: Commencing at the northeast comer of
said East Half; thence on an assumed beating of South 01 degrees 06 minutes 34 seconds
East, along the east line of said East Half, 1302.00 feet; thence South 88 degrees 53 minutes
26 seconds West 540.00 feet to the point of beginning of said land to be described; thence
North 01 degrees 06 minutes 34 seconds West 360.00 feet; thence North 46 degrees 06
minutes 34 seconds West 135.00 feet; thence South 88 degrees 53 minutes 26 seconds West
388.26 feet to the centerline of State Trunk Highway No. 41, as shown in Document No.
56603; thence southerly along said centerline 496.69 feet to a line drawn South 88 degrees
53 minutes 26 seconds West fi.om the point of beginning; thence North' 88 degrees 53
minutes 26 seconds East 679.41 feet to the point ofbeghming.
SP-9
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been
recorded with the County Recorder's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the
Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased 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 stand~rds, 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 Council Environmental Services and other pertinent
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 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
GC-1
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.
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. T,he 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.
7a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or othor building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City
Code § 20-94.
8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
9. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. 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 b.e 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. Landscaping shall be installed in accordance with Plan D. 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
(2½) 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 (~.) inches of topsoil as a base. Seed
or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place
at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of
cash or letter of credit shall be provided to the City. These conditions must then be complied with"
within two (2) months after the certificate of occupancy issued, except that if the certificate of
occupancy is issued between October 1 through May 1 these conditions must be complied with by
the following July 1st. Upon expiration of the time period, inspections will be conducted by City
staff to verify satisfactory completion of all conditions. City staff will conduct inspections of
incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection.
After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the requirements. The City may also use the
GC-3
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 flee at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months from the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for 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 development plans and City
Ordinance.
15. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.'
16. Hook-up Charges. The Developer also acknqwledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as long-term maintenance. Said
hook-up charges are collectible at time of each building permit unless a written request is made to
assess the costs over a four year term at the rates in effect at time of application.
17. Public Street Lighting. The Developer shall have installed and pay for public
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 $300.00 for each street light installed in the plat. The fee shall be used by the City for
fumishing electricity for each public street light for twenty (20) months.
18. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
19. 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.
20. Responsibility for Costs.
GC-4
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 construction inspections.
The fee shall be calculated as follows:
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 (2½%) of construction costs
for the first $1,000,000 and one and one-half percent (1½%) 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 costs incurred by the City for providing 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 xvith Article 20E 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 inc-ar 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.
GC-5
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.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format.
21. 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. -
22. 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. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
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. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
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 and the site graded and
revegetated in accordance with Plan B of the development plans.
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
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 fi:om 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.
GC-7
L. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 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. 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. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
First violation $
Second violation $
Third & subsequent violations
500.00
1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. 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.
O. 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.
P. Storm Sewer Maintenance. The Developer shall be responsible for clearfing 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 street and storm drainage improvements in the plat have been
accepted by the City.
Q. 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.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances fi.om the City's ordinances.
S. 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.
T. 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 to
enter into this Development Contract.
U. 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.
V. 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.
W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
GC-9
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, exCept for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 1 l"x17" reduced
construction plan sets and three sets of specifications. Within sixty (60) days a~er the completion
of the utility improvements and base course pavement 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 full-size 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 including draintile cleanouts, and (6) bench mark network. The
Developer is required to submit the final plat in electronic format. The electronic format shall be
either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities,
streets) shall be in electronic format in accordance with standard City specifications.
GC-10
EXHIBIT C
ABORETUM VILLAGE
PUD DEVELOPMENT DESIGN 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. A specific lighting and
sign plan shall be submitted prior to final plat.
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 neighborhopd 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 as described in the
Comprehensive Plan.-No single use shall exceed 5,000 square feet.
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following
table displays those setbacks.
Setback
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Hard Surface Coverage (Total site)
* not accepted
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet ** 7*
70% Not available at this time
30 % 29 %
** Council approval of 10 minimum for residential only in those area adjacent to public streets
except Highways 41, 5 and West 78th Street.
C-1
d. Building Materials and Design
COMMERCIAL
1. All materials shall be of high quality and durable. Brick shall be used as the principal
material and must be approved to assure uniformity with the residential uses.
2. Metal standing seam siding will not be approved except as support material to one of the
above materials.
3. All accessory structures shall be designed to be compatible with the primary structure.
4. All roof-mounted equipment shall be screened by pitched roofs. Wood screen fences are
prohibited. Screening shall consist of compatible materials.
5. All buildings on the commercial site shall have a pitched roof line.
6. All mechanical equipment shall be screened with material compatible to the building.
RESIDENTIAL STANDARDS
The plans propose five products. Each product must conform to the following standards.
1. Club Homes (Rambler attached two unit town homes) [] One level town homes (with or without basement).
[] Building exterior material shall be a combination of 4" vinyl siding or shake and
brick.
[] Colors used shall be earth tones such as soft gray, creamy white,, pearl gray, shell
white, etc.).
[] Each town house shall consist of two units. One unit will have a side-loaded garage
and the other will have a front loaded garage.
.
[] Each unit shall utilize accent architectural features such as arched louvers, dormers,
etc.
[] All units shall utilize fiberglass .shingles.
[] Each unit shall have a minimum of 1 overstory tree within its front landsCape yard.
[] All units shall have access onto an interior street.
[] All mechanical equipment shall be screened with material compatible to the building
or landscaping.
2. Manor Homes (three to four unit town homes) [] Split level town homes with baSement.
[] Building exterior material shall be a combination of 4" vinyl siding, vinyl shakes,
brick and stone.
[] Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell
white, etc.
[] Each town house shall consist of three or four units. No more than two garage doors
may be adjacent to each other.
C-2
Each unit shall utilize accent architectural features such as round louvers, dormers,
etc.
All units shall utilize fiberglass shingles.
Each unit shall have a minimum of 1 overstory tree within its front landscape yard.
All units shall have access onto an interior street.
All mechanical equipment shall be screened with material compatible to the building
or landscaping.
3. Coach Homes
[] Two Story town homes (four to six unit town homes).
[] Building exterior material shall be a combination of 4" vinyl siding or shake and
brick.
[] Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell
white, etc.
[] Each town house shall consist of four or six units. Garage doors must be separated
from each other by entryways.
[] Each unit shall utilize accent architectural features such as dormers, etc.
[] All units shall utilize fiberglass shingles.
[] Each unit shall have a minimum of 1 over story tree within its front landscape yard.
[] All units shall have access onto an interior street.
[] All mechanical equipment shall be screened with material compatible to the building
or landscaping.
4. Village Homes
[]
[]
[]
[]
[]
[]
Two story town homes with tuck under garage (four to eight unit town homes).
Building exterior material shall be a combination of 4" vinyl siding or shake and
brick.
Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell
white, etc.
Each town house shall consist of four to eight. Garage doors must be staggered.
Each unit shall utilize accent architectural features such as dormers, bay windows,
arched windows, shutters, etc.
All units shall utilize Class A fiberglass/asphalt shingles (230 lb. per sq. inch).
Each unit shall have a minimum of 1 overstory tre~' within its front landscape yard.
All units shall have access onto an interior street.
All mechanical equipment shall be screened with material compatible to the building
or landscaping.
Changes to building detail plans dated January 16, 2001, shall be required.
A design palette shall be approved for the entire project. The palette shall include
colors for siding, shakes, shutters, shingles, brick and stone.
The following design standards be incorporated in the development:
C-3
a. Vinyl shakes are an acceptable material on all home styles.
b. Prohibit shiplap siding.
Co
Specify that all buildings use UL Class A asphalt/fiberglass shingle, 230 pounds or
better.
d. All foundation walls be screened by landscaping or retaining walls.
eo
Central air conditioning shall be included in the base price of all homes per the
EAW noise abatement recommendation.
The percent of brick and other materials for each building style shall be built as per
Attachment A.
g. Commercial design standards shall prohibit standing seam siding as a curtain wall.
h. The applicant shall provide benches in the totlot areas.
No adjacent unit shall have the same front elevation colors or architectural styles
with any 4 types of homes. Materials to be consistent with the Arboretum Village
elevation materials dated 2-7-01.
C-4
EXHIBIT D
CONSERVATION EASEMENT
THIS iNSTRUMENT made this day of ,2001, by and
between Pulte Homes of Minnesota Corporation, a Minnesota corporation ("Grantor") and the
City of Chanhassen, a Minnesota municipal corporation ("City").
The Grantor, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, grant unto the City a permanent
conservation easement for the purposes set forth in this instrument, over, under, and across the
premises described in the attached Exhibit A ("Subject Prop?-y").
1. Grantor and for its heirs, successors, and assigns, agree that the following are
prohibited in perpetuity on the Subject Property:
A. Constructing, installing, or maintaining an~hing made by man, including
but not limited to buildings, structures, walkways, clothes line poles, and.
playground equipment.
B. Cutting, removing, or altering trees or other vegetation, except for noxious
weed control by or as directed by a governmental agency.
C. Excavation or filling.
D. Application of fertilizers, whether natural or chemical.
E. Application of chemicals for the destruction or retardation of vegetation.
F. The deposit of waste, yard waste, or debris.
.
G,
The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
H. Outside storage of any kind.
Activity detrimental to the preservation of the scenic beauty, vegetation
and wildlife.
Grantors and for it heirs, successors, and assigns, further grant to the City the
affirmative right, but not the obligation to do the following on the Subject
Property:
A,
Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B,
Enter upon the Subject Property at any time to enforce compliance with
terms of this instrument.
PULTE HOMES OF MINNESOTA CORPORATION,
a Minnesota corporation
By:
Its2
CITY OF CHANHASSEN,
a Minnesota municipal corporation
By;
Mayor
And:
City Manager
This instrument was drafted by:
Gary C. Wilkerson
Wilkerson & Hegna, P.L.L.P.
One Corporate Center III, Suite 300
7300 Metro Boulevard
Edina, MN 55439-2302
(952) 897-1707
21972dl-conser-easel.doc
EXHIBIT A
That part of Lot 9, Block 1, ARBORETUM VILLAGE, according to the recorded plat
thereof, Carver County, Minnesota, described as follows:
Beginning at the southeast corner of said Lot 9; thence on an assumed
bearing of South 88 degrees 31 minutes 37 seconds West, along the south
line of said Lot 9, a distance of 531.79 feet; thence North 30 degrees 29
minutes 14 seconds West 56.32 feet; thence North 11 degrees 52 minutes
37 seconds East 48.79 feet; thence North 03 degrees 03 minutes 38
seconds West 93.51 feet; thence North 31 degrees 59 minutes 03 seconds
East 54.23 feet; thence North 07 degrees 26 minutes 15 seconds East 38.91
feet; thence North 30 degrees 29 minutes 05 seconds West 59.05 feet;
thence North 17 degrees 29 minutes 34 seconds East 34.18 feet; thence
North 69 degrees 28 minutes 40 seconds East 32.07 feet; thence South 85
degrees 30 minutes 29 seconds East 103.89 feet; thence South 88 degrees
45 minutes 43 seconds East 118.86 feet; thence North 79 degrees 26
minutes 36 seconds East 98.72 feet; thence South 81 degrees 18 minutes
42 seconds East 191.89 feet; thence South 07 degrees 54 minutes 04
seconds East 80.19 feet; thence-South 18 degrees 58 minutes 15 seconds
East 63.32 feet; thence South 13 degrees 36 minutes 42 seconds West.
86.59 feet; thence South 07 degrees 43 mir{utes 36 seconds East to the
southeasterly line of said Lot 9; thence southwesterly along said
southeasterly line to the point of beginning.
CITY OF CHANHASSEN
ARBORETUM VILLAGE
PROJECT NO. 01-06
BREAKDOWN OF ADMINISTRATION FEES - 5/9/01
Estimated Total Cost of Public Improvements
2.5% of Public Improvement Costs (up to $1,000,000)
1.5% of Public Improvement Costs (over $1,000,000)
Street Lighting Charge (for electricity)
16 Light(s) @ $300.00
Final Plat Process (Attorney Fee for Review and Recording of
Plat and Development Contract)
Recording Fees
a. Development Contract
b. Plat Filing
c. Conservation Easement
One-Third Park Fee
One-Third Trail Fee
Surface Water Management
GIS Fee ($25/plat and $10/parcel)
TOTAL ADMINISTRATION FEES
$ 1,473,229.00
25,000.00
7,098.00
$ 4,800.00
$ 450.00
30.00
30.00
30.00
.18,646.00
29,265.00
$ 161,391.90
$ 1,075.00
$ 247,815.90
Arboretum Village. FEE