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1b2 Arboretum Shopping CenterCITYOF CHANHASSEN 7700 I~,~arket Buulevard PO Box 147 CI al i assr:ri MN ,55317 Administration P ?or'~:, 952227 1100 Fax 952 22,' ! 110 Building Inspections Phne 5)5'_,' 227 1180 F~x 952227 1!90 MEMORANDUM Teresa Burgess, Director of Public Works/City Engineer FROM: DATE: August 18, 2003 SUB J: Approve Development Contract and Construction Plans and Specifications for Arboretum Shopping Center Project No. 03-06 Engineering Puc> 952 2271160 Fax 952 2271170 Finance P!~ane 952227 1140 Fax 952227 1110 Park a Recreation Pt;orie: 952 227112[-} Fax: 952 227 1110 Recreation Ceuter 2310 Cou ~er Bouievard Phoqe 9522271400 Fax 952 2271404 Planning & Natural Resources Fax: 952227 !110 Public Works 1591 Pan< Road Phoue 952 2271300 Fax: 952227 1310 Senior Center Pho/e: 952 2271125 Fax 952227 1110 Web Site ,~,,,:,,,~ ci cr',arxsasseu r~xn us The attached development contract incorporates tile conditions of approval fi'om tile 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 $263,894 and the administration fees total of $61,037 which includes all of the required Park and SWMP fees. No City funds are needed as part of this private development project. Thc applicant has also submitted detailed construction plans and specifications lbr staff review and City Council approval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staff requests that the City Council grant staffthe 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 fbr Arboretum Shopping Center dated July 21, 2003, prepared by BKBM Engineers and the development contract dated August 25, 2003 be approved conditioned upon the following: The applicant shall enter into the developrnent contract and supply the City with a cash escro~v or letter of' credit in the amount of $263,894 and pay an administration fee of $61,037. 2. The applicant's engineer shall work with City staff in revising tine construction plans to meet City standards. Attachments: l. 2. Development Contract dated August 25, 2003. Construction plans and specifications are available for review in the Engineering Department. Breakdown of administration fees dated August 13, 2003. c: Ronald Clark, Northcoast Partners, LLP Scott Schmitt, Clear~vater Development g:xcngSprojcctsX,arborctum shopping centcr\approvc dc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ARBORETUM SHOPPING CENTER DEVELOPMENT CONTRACT/PUD AGREEMENT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 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-4 GENERAL CONDITIONS 2. 3. 4. 5. 6. 7. 7A. o 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 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 DWELL1NG OR OTHER BUILDING .................................................................................................................... GC-2 CLEAN LIP ................................................................................................................... GC-2 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-2 CLAIMS ........................................................................................................................ GC-3 PARK 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° B. C. D. E. Construction Trailers ........................................................................................ GC-6 Postal Service .................................................................................................... GC-6 Third Parties ...................................................................................................... GC-6 Breach of Contract ............................................................................................ GC-6 Severability ....................................................................................................... GC-6 F. Building Permits ............................................................................................... GC-6 G. Waivers/Amendments ....................................................................................... GC-7 H. Release .............................................................................................................. GC-7 I. Insurance ........................................................................................................... GC-7 J. Remedies ........................................................................................................... GC-7 K. Assignability ..................................................................................................... GC-7 L. Construction Hours ........................................................................................... GC-7 M. Noise Amplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance ............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-8 Q. Soil Treatment Systems .................................................................................... GC-8 R. Variances ........................................................................................................... GC-8 S. Compliance with Laws, Ordinances, and Regulations ...................................... GC-9 T. Proof of Title ..................................................................................................... GC-9 U. Soil Conditions ................................................................................................. GC-9 V. Soil Correction .................................................................................................. GC-9 W. Haul Routes ............................................................................................................ GC-9 X. Development Signs ................................................................................................ GC-9 Y. Construction Plans ............................................................................................... GC- 10 Z. As-Built Lot Surveys ........................................................................................... GC-10 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT/PUD AGREEMENT (Developer Installed Improvements) ARBORETUM SHOPPING CENTER SPECIAL PROVISIONS AGREEMENT dated August 25, 2003 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, NORTHCOAST PARTNERS, LLP, a Minnesota limited liability partnership (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Arboretum Shopping Center (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract and furnish the security required by it. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved August 25, 2003, prepared by Hedlund Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated July 21, 2003, prepared by BKBM Engineers. Plan C: Plans and Specifications for Improvements dated July 21, 2003, prepared by BKBM Engineers. Plan D: Landscape Plan dated April 29, 2003, prepared by Lan-De-Con, Inc.. Revised 3/24/99 SP-I 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water Systeln C. Stoma Water Drainage System D. Streets/Turn Lanes E. Concrete Curb and Gutter F. Street Lights ©. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) 1. 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 June 30, 2(}04. The Developer may, however, request an extension of time fi'om the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit from a bank or cash escrow ("security") for $263,894.00. The amount of the security was calculated as 110% of the following: Site Grading/Restoration $ 1,080.00 Sanitary Sewer $ 29.326.00 Watennain $ 35,085.00 Storm Sexver, Drainage System, including cleaning and maintenance $ 3,864.00 Streets/Turn Lanes $ 76.585.00 Street lights and signs $ 900.00 Erosion control $ 10~500.00 Engineering, surveying, and inspection $ 15,734.00 Landscaping $ 66~830.00 TOTAL COST OF PUBLIC IMPROVEMENTS $ 239,904.00 SP-2 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 November 17, 2004. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced fkom 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: Ronald E. Clark Northcoast Partners, LLP 7500 W. 78tl' Street Edina, MN 55439 Phone: 952-947-3000 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. 8. Other Special Conditions. A. The developer shall provide a cross access and cross parking agreement for the three parcels. B. The following park dedication charges will apply: $19,950.00 which shall be paid prior to recording of the final plat. C. The total SWMP fees of $34,710.00 are due payable to the city at time of final plat recording. D. Public utility improvements will be required to be constructed in accordance with the city's latest edition of Standard Specifications and Detail Plates. The applicant will also be required to enter into a development contract with the city and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to, the MPCA, Department of Health, Watershed District, MnDOT, etc. SP-3 E. The main drive aisle through the site must be installed with the first phase of development. F. Street lights are required at the southeast intersection o£ W. 78th Street/Century Boulevard and at the southeast corner of W. 78th Street and the new drive aisle. G. The developer shall be responsible lbr a pedestrian crosswalk on the west side of the driveway at West 78th Street. The crosswalk will be from the south to the north side of West 78th Street and connect with the existing bituminous trail. 1t. A "No U-turn" sign will be required at the north end of the median on Century Boulevard. I. Private easements are required for the storm sewer lines that run from one lot to another. J. Seed and nmlch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. K. Minimum 30-foot ~vide easements will be required over the public portion of the utility lines. L. Sanitary sewer and water hookup charges along with the Met Council's SAC tee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,274/unit. M. The main drive aisle through the site will be a private street since it serves multiple lots. As such, the road must be a minimum of 26-feet wide, built to a 9-ton design, and enclosed within a 40-1hot wide private easement. N. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $263,894.00 and pay an administration fee of $61,037.00. O. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. 9. General Conditions. The general conditions of this Contract, approved by the City Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein. SP-4 CITY OF CHANHASSEN (SEAL) BY: Thomas A. Furlong, Mayor Todd Gerhardt, City Manager NORTHCOAST PARTNERS, LLP BY: Ronald E. Clark STATE OF MINNESOTA ) ( SS. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this __ day of , 20 , 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 ) 20 The foregoing instrument was acknowledged before me this __ day of __, by Ronald E. Clark of Northcoast Partners, LLP, a Minnesota limited liability partnership. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 NOTARY PUBLIC SP-5 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot D, Arboretum Village That part of thc Southwest Quarter of the Southeast Quarter of Section 9, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at right-of-way boundary corner B69 as shown on Mkmesota Department of Transportation Right-of-Way Plat No. 10-13; thence northwesterly to comer BS0 as shown on Minnesota Department of Transportation Right-of-Way Plat No. 10-16; thence northerly to corner BS1 as shown on Plat No. 10-16; thence easterly to corner B?2 as shown on Plat No. 10-16; thence southwesterly to comer BT1 as shown on Plat No. 10-13; thence southerly to corner B70 as shown on Plat No. 10-13; thence southwesterly to the point of beginning. SP-6 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 otherxvise disturb the earth, remove trees, construct server 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 Recordcr'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 m ay r effuse to approve final plats o f subsequent phases i fthe 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 anaendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 4. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and si=m~ed 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 h~spector(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 CC-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 Mime. 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 pemfits 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 lbr seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in fkdl 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. Befbre a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City Code § 20-94. 8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off' site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 9. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final GC-2 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 cornpleted 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 perfbrmed, 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, Mim~esota 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 fi'om any fitrther 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 Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 12. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees xvhich can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half (2~A) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the ~bllowing July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verif~/ satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. GC-3 13. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of txvo (2) years after its completion and acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free at the time of planting. All landscape plantings shall be warranted for 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 wan'anties at the time of final acceptance. The security amount shall be 100% of the total construction cost. 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 tkom 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 acknowledges 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 building pernfit 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 /'or public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. 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 ]tEe shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 18. Signage. All street signs, traftlc 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. 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 GC-4 acceptance of improvelnents. This fee does not cover the City's cost for construction inspections. The tee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (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 fbr 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 with 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 incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills subnfitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. GC-5 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 fbur (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary tbr the City to seek a Court order fbr 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 fbllowing 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 temps of this Contract by the Developer shall be grounds lbr 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. Severabiliw. 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 GC-6 streets needed for access have been paved with a bitunfinous 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 often (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Constrtiction 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 pertbrmed alter dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: GC-7 First violation $ Second violation $ Third & subsequent violations 500.00 1,000.00 All site development and construction must cease tbr 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. Ail 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 fbr 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 tbr 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 fi'om 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. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. 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 from the City's ordinances. GC-8 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 fbundation 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. 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. GC-9 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 after 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/paper 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, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), and (8) digital file of utility tie sheets in either .doc or .tif Ibrmat. The Developer is required to submit the final plat in electronic format. Z. 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. GC-10 CITY OF CHANHASSEN ARBORETUM SHOPPING CENTER PROJECT NO. 03-06 BREAKDOWN OF ADMINISTRATION FEES - 8/13/03 Estimated Total Cost of Public Improvements $ 3% of Public Improvement Costs (up to $500,000) $ Street Lighting Charge (for electricity) 2 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. Driveway Easement $ Park Fees 2.85 Acres @ $7,000 $ Surface Water Management Fee $ GIS Fee ($25/plat and $10/parcel) $ TOTAL ADMINISTRATION FEES $ 173,074.00 5,192.00 600.00 450.00 30.00 30.00 30.00 19,950.00 34,710.00 45.00 61,037 Arboretum Shopping Center revised. FEE.xls