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1e-2. Lakeside Sixth Addition: Approve DC0 CITY OF C9ANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: FROM DATE: SUBJ: Paul Oehme, Director of Public Works /City Engineer I r Alyson Fauske, Assistant City Engineer Qq 2' March 26, 2012 Lakeside 6th Addition: Approve Development Contract PROPOSED MOTION "The City Council approves the Development Contract for Lakeside 6th Addition." City Council approval requires a simple majority vote of the City Council pr The attached development contract incorporates the conditions of approval for the final plat. The streets and utilities were installed with the Lakeside development. Under normal circumstances the original development contract would be amended to include this phase. The original developer defaulted on the development contract therefore the City Attorney recommended drafting a development contract for this phase. The cash fees for this project total $84,971.00. A breakdown of the cash fee is shown on Page SP -2 of the development contract. Staff recommends that the development contract dated March 26, 2012 be approved conditioned upon the applicant entering into the development contract and paying the $84,971.00 cash fee. Attachment: Development Contract dated March 26, 2012. c: Pioneer Engineering Steve Schwieters, Wooddale Builders, Inc. G:\ENG \PROJECTS\K -O \Lakeside 6th \03 -26 -2012 approve dc.doc Chanhassen is a Community for Life - Providing forToday and Planning forTomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA LAKESIDE SIXTH ADDITION DEVELOPMENT CONTRACT TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ................................................. ...........................SP -1 2. CONDITIONS OF PLAT APPROVAL ......................................... ............................... SP -1 3. DEVELOPMENT PLANS ................................................................. ...........................SP -1 4 IMPROVEMENTS ......................................................................... ............................... SP -1 5 NOTICES ............................................................................................ ...........................SP -1 6. OTHER SPECIAL CONDITIONS ................................................. ............................... SP -2 7. GENERAL CONDITIONS ................................................................. ...........................SP -4 GENERAL CONDITIONS 1. RIGHT TO PROCEED ...................................................................... ...........................GC -1 2. CHANGES IN OFFICIAL CONTROLS ........................................... ...........................GC -1 3 . IRON MONUMENTS ....................................................................... ...........................GC -1 4. SITE EROSION AND SEDIMENT CONTROL .............................. ...........................GC -1 5. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING..................................................................................... ............................... GC -1 6 . CLEAN UP .................................................................................... ............................... GC -1 7 . LANDSCAPING ............................................................................... ...........................GC -2 8 . LOT PLANS ...................................................................................... ...........................GC -2 9. EXISTING ASSESSMENTS ............................................................ ...........................GC -2 10 . SIGNAGE ...................................................................................... ............................... GC -2 11 . HOUSE PADS ................................................................................... ...........................GC -2 12. RESPONSIBILITY FOR COSTS ...................................................... ...........................GC -2 13 . MISCELLANEOUS .......................................................................... ...........................GC -3 A Postal Service ......................................................................... ...........................GC -3 B Third Parties ........................................................................... ...........................GC -3 C Breach of Contract ................................................................. ...........................GC -3 D Severability ............................................................................ ...........................GC -3 E. Waivers / Amendments ............................................................ ...........................GC -3 F Release ................................................................................... ...........................GC -4 G Remedies ................................................................................ ...........................GC -4 H Assignability .......................................................................... ...........................GC -4 I. Noise Amplification ............................................................... ...........................GC -4 J. Storm Sewer Maintenance ..................................................... ...........................GC -4 K Variances ................................................................................ ...........................GC -4 L. Compliance with Laws, Ordinances, and Regulations ........... ...........................GC -4 M . Proof of Title .......................................................................... ...........................GC -5 N Soil Conditions ...................................................................... ...........................GC -5 O Soil Correction ....................................................................... ...........................GC -5 P Development Signs ..................................................................... ...........................GC -5 Q As -Built Lot Surveys .............................................................. ............................... GC -5 i CITY OF CHANHASSEN DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENT dated March 26, 2012 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and, WOODDALE BUILDERS, INC., a Minnesota corporation (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Lakeside Sixth Addition (referred to in this Contract as the "plat "). The land is legally described on the attached Exhibit "A ". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the plat. 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 approved March 26, 2012, prepared by Pioneer Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated October 2, 2006, revised March 12, 2012, prepared by Pioneer Engineering. Plan C: Landscape Plan dated May 19, 2006, revised June 6, 2006 and Central Park Plan dated June 23, 2008, prepared by Pioneer Engineering. for. 4. Improvements. All public improvements have previously been installed and paid 5. 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: Wooddale Builders, Inc. Attention: Steve Schwieters, President 6109 Blue Circle Drive, #2000 Minnetonka, Minnesota 55343 SP -1 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, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227 -1100. 6. Other Special Conditions. A. Cash Fees. Before the City signs the final plat, the Developer shall provide the City with a cash fee of $84,971.00, which is calculated as follows: Final Plat Process (Attorney Fee for review and recording of plat and DC) = GIS Fee $25 (plat) + (10 parcels x $10 /parcel) = Surface Water Management Fee Park Dedication Fee 10 units x $3,800 = Arterial Collector Fee 0.89 acres x $2,400 /acre = Hook -up Charges The developer shall pay 30% of the City Sewer Hook -up charge and the City Water hook up charge for each lot in the plat, which is calculated as follows: City Sewer Hook -Up: 10 units x $632 /unit = City Water Hook -Up: 10 units x $1,715 /unit = The balance of the hook -up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. Total Cash Fees: $450.00 $125.00 $20,790.00 $38,000.00 $2,136.00 $6,320.00 $17,150.00 $84,971.00 B. The applicant shall enter into the development contract and supply the City with the required cash fees referenced above. C. WATER RESOURCES COORDINATOR CONDITIONS OF APPROVAL. a) All storm water infrastructure, including catch basins, storm sewer pipes, manholes, flared -end sections, outlet structures, ponds and swales, shall be owned, operated and maintained by the developer and, eventually, the homeowners association. Prior to final plat recording, the developer shall enter into an agreement with the City that outlines the parameters of operation, inspection and maintenance of the storm water SP -2 infrastructure. This agreement shall be transferred to the homeowners association prior to the developer relinquishing responsibility for the development. b) The SWPPP should be revised to include the grading plan, erosion and sediment control plan. c) The plans shall be revised to show that erosion control blanket will be installed over all areas with 3:1 slopes or steeper. d) Energy dissipation shall be provided for all inlets and outlets within 24 hours of installation. e) Wimco -type or other comparable inlet controls shall be used and installed within 24 hours of installation of the inlets. Perimeter controls and inlet protection shall be in place and maintained as needed until 70% of the vegetation is established. f) Typical building lot controls shall be shown on the plan in a typical detail. These controls shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy (CO). g) Street gutters and catch basins are considered "surface waters" and shall be protected from exposed soils with a positive slope within 200 linear feet within 24 hours of connection. h) Details for concrete washout areas where drivers will wash out their trucks and how the water will be treated should be developed and included in the SWPPP. i) Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. j) The total SWMP fee, due payable to the City at the time of final plat recording, is $20,790.00. k) The owner /operator of the proposed development shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. D. CITY FORESTER CONDITIONS OF APPROVAL a) Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. SP -3 b) A walk - through inspection of the silt /tree preservation fence shall be required prior to construction. c) No burning permits shall be issued for tree removal. All trees removed on site shall be chipped and used on site or hauled off. d) No trees shall be removed behind the northwestern corner of the silt fence as shown on grading plans dated 05/19/06.. e) A total of 139 trees shall be planted in the development as required for canopy coverage. E. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL a) Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. b) All sanitary sewer, watermain and storm sewer within this site shall be privately owned and maintained. c) A portion of the sanitary sewer and water hookup charges must be paid with the final plat: $632.00 for sanitary sewer hookup and $1,715.00 for watermain hookup. The remaining $1,475.00 sanitary sewer and $4,002.00 watermain hookup fees must be paid with the building permit and can be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance F. PARKS DIRECTOR CONDITIONS OF APPROVAL a) The developer shall pay $38,000.00 park dedication fees for the Sixth Addition of the development prior to final plat recording in lieu of parkland dedication. 7. General Conditions. The general conditions of this Contract are attached as Exhibit 'B" and incorporated herein. SP -4 CITY OF CHANHASSEN (SEAL) 1.3 Thomas A. Furlong, Mayor STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) AND: Todd Gerhardt, City Manager DEVELOPER: BY: Its The foregoing instrument was acknowledged before me this day of , 2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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 , 2012, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 SP -5 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot E, Lakeside and Outlot C, Lakeside Third Addition. Rwel 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 , 20_. STATE OF MINNESOTA ) COUNTY OF ) (ss. The foregoing instrument was acknowledged before me this day of 20__ by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 SP -7 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 .20 STATE OF MINNESOTA ) COUNTY OF ) (ss. The foregoing instrument was acknowledged before me this day of , 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 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 or Registrar of Title'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. Changes in Official Controls. 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. 3. 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. 4. Site Erosion and Sediment Control. Site Erosion and Sediment Control for the plat shall comply with the current City Code of Chanhassen and other applicable agency regulations. 5. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7 -22. 6. 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. GC -1 7. Landscaping. Landscaping shall be installed in accordance with Plan C. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one -half (2'/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 and sediment 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 1 st. 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 7 -22 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. 8. 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. 9. Existing Assessments. Any existing assessments against the plat will be re- spread against the plat in accordance with City standards. 10. 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. 11. 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. 12. Responsibility for Costs. A. The Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control 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 21 E of this Agreement. B. 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 GC -2 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. C. 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. D. 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. E. 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. F. 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. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 13. Miscellaneous. A. Postal Service The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. B. 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. C. 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. D. 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. E. 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. GC -3 The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. F. 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. G. 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. H. Assi ability 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. I. 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. I 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 once the Notice of Termination for the NPDES Construction Stormwater Permit is issued for all lots within the plat. K. 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. L. 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. GC -4 A 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. N. 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. O. 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. P. Development Sims 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. Q. As -Built Lot Surveys An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as- built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. GC -5