1b-2) Approve Development contract & Construction Plans and Specifications1
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CITY OF
CHANHASSEN
690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrat l
Endorse /D�dff
Modified
Rejected
TO: Charles Folch, City Engineer/Director of Public Works Uat - 9
Date Submitted to Commisslotl
FROM: Dave Hempel, Assistant City Engineer ^-
Date Submitted to COU0
DATE: March 9, 1995 3 -- / 3 - �S
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SUBJ: Approve PUD/Development Agreement and Construction Plans and Specifications for Powers
Place and Powers Place Second Addition - Project No. 95 -4
The attached PUD /development agreement includes the conditions of approval from the final platting and
construction plan and specification review process. Shad any of the conditions of approval for final plat be
��*
amended during the City Council meeting, they should al o,l�e amended in the PUD /development agreement. The
applicant is proceeding ahead with the two -plat scenar q a : this time for financial reasons and marketing. The
PUD /development agreement includes all the security.is''osts end administration fees for both phases. Staff has
calculated the required financial security to guarantee cnmpliar,e with the terms of both developments at $117,50
and the development contract administration fees arestimatect $44,651. However, these fees may be adjusted
upon final review of the storm drainage calculation which may, the SWMP fees. In addition, one -third of
the Park and Trail fees still need to be included. �erefore, staffhas not listed the total in the conditions below.
The applicant has also submitted detailed constriction plans for both phases for staff to review and City Council
approval. Staff has reviewed the construgn plans and specifications and finds that they are in general
conformance to the City's standards ho-wer, modifications arettill needed to the documents. Since the
rant staff the
modifications are relatively minor, staf a } that the City Count;) g ability to administrative
approve the construction plans and spcations after working with the applicant's engineer and modifying the plans
accordingly. It is therefore recomst ended that the construction plans an4ecifications for Powers Place and Powers
Place Second Addition pre ar4dby Rehder and Associates, Inc and the RJD /development agreement dated March
13, 1995 be approvedxg t � Iro ip upon the fQ o 3ln
1. The applin€et�r^t�lleiderii�ztdF� thit}�a cash escrow or
letter of creP g re g amount of $117,500 and pay an administration fee m w e,ordance with the
PUD /develo ment a "8re
�8
2. The applicant's engineer shall work with Crt staf tFfb*t Mtig the construction plans and specifications.
:.
OFFICIAL ENGINEERWO CARY
11 "14
ktm
Received
Attachments: 1. PUD/Development Agreement dated March 13, 1995. Revision No.
2. Construction plans dated February 3, 1995.
3. Breakdown of administration fees. Approved � ++
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NOTE: Please leave your copy of the plans in the Council Chambers for staff to pick up after the meeting.
Specifications are available for review in the Engineering Department. App by MW 00t"
Date
c: Jim Jasper, Jasper Homes
S:\eng\dave\projects\powers\devcon.ce
MEMORANDUM
CITY OF CHANHASSEN ■
CARVER AND HENNEPIN COUNTIES, MINNESOTA �
POWERS PLACE AND POWERS PLACE SECOND
ADDITION
PUD AGREEMENT /DEVELOPMENT CONTRACT
(Developer Installed Improvements)
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TABLE OF CONTENTS
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . . . . . .
PAGE
SPECIAL PROVISIONS
PHASE DEVELOPMENT . . . . . . . . . . . . . . .
1.
REQUEST FOR PLAT APPROVAL . . . . . . . .
. . . . . . SP -1
2.
CONDITIONS OF PLAT APPROVAL . . . . . . .
. . . . . . SP -1
3.
ZONING . . . . . . . . . . . . . . . . . .
. . . . . . SP -1
4.
DEVELOPMENT PLANS . . . . . . . . . . . .
. . . . . . SP -1
5.
IMPROVEMENTS . . . . . . . . . . . . . . .
. . . . . . SP -2
6.
TIME OF PERFORMANCE . . . . . . . . . . .
. . . . . . SP -2
7.
SECURITY . . . . . . . . . . . . . . . . .
. . . . . . SP -2
8.
NOTICES . . . . . . . . . . . . . . . . .
. . . . . . SP -3
9.
OTHER SPECIAL CONDITIONS . . . . . . . . .
. . . . . . SP -3
10.
GENERAL CONDITIONS . . . . . . . . . . . .
. . . . . . SP -6
GENERAL CONDITIONS
1.
RIGHT TO PROCEED . . . . . . . . . . . . . . . .
. . . GC -1
2.
PHASE DEVELOPMENT . . . . . . . . . . . . . . .
. . . GC -1
3.
EFFECT OF SUBDIVISION APPROVAL . . . . . . . . .
. . . GC -1
4.
IMPROVEMENTS . . . . . . . . . . . . . . . . . .
. . . GC -1
5.
IRON MONUMENTS . . . . . . . . . . . . . . . . .
. . . GC -2
6.
LICENSE . . . . . . . . . . . . . . . . . . . .
. . . GC -2
7.
SITE EROSION CONTROL . . . . . . . . . . . . . .
. . . GC -2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OR OTHER
BUILDING . . . . . . . . . . . . . . . . . . . .
. . . GC -3
8.
CLEAN UP . . . . . . . . . . . . . . . . . . . .
. . . GC-3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS . . . .
. . . GC -3
10.
CLAIMS . . . . . . . . . . . . . . . . . . . . . .
. . GC -3
11.
PARK AND TRAIL DEDICATION . . . . . . . . . . . .
. . GC -3
12.
LANDSCAPING . . . . . . . . . . . . . . . . . . .
. . GC -3
13.
WARRANTY . . . . . . . . . . . . . . . . . . . .
. . . GC -4
14.
LOT PLANS . . . . . . . . . . . . . . . . . . . .
. . GC-4
15.
EXISTING ASSESSMENTS . . . . . . . . . . . . . . .
. . GC -5
16.
STREET LIGHTING . . . . . . . . . . . . . . . . .
. . GC -5
17.
SIGNAGE . . . . . . . . . . . . . . . . . . . . .
. . GC -5
18.
HOUSE PADS . . . . . . . . . . . . . . . . . . . .
. . GC -5
19.
RESPONSIBILITY FOR COSTS . . . . . . . . . . . . .
. . GC -5
20.
DEVELOPER'S DEFAULT . . . . . . . . . . . . . . .
. . GC-6
21.
MISCELLANEOUS
A. Construction Trailers . . . . . . . . . . . .
. . GC -7
B. Postal Service . . . . . . . . . . . . . . .
. . GC -7
C. Third Parties . . . . . . . . . . . . . . . .
. . GC -7
D. Breach of Contract . . . . . . . . . . . . .
. . GC -7
E. Severability . . . . . . . . . . . . . . . .
. . GC -7
F. Building Permits . . . . . . . . . . . . . .
. . GC -7
G. Waivers /Amendments . . . . . . . . . . . . .
. . GC -7
H. Release . . . . . . . . . . . . . . . . . . .
. . GC -7
I. Insurance . . . . . . . . . . . . . . . . . .
. . GC -7
J. Remedies . . . . . . . . . . . . . . . . .
. . GC -8
K. Assignability . . . . . . . . . . . . . . . .
. . GC -8
L. Construction Hours . . . . . . . . . . . . .
. . GC -8
M. Access . . . . . . . . . . . . . . . . . . .
. . GC -8
KI
N. Street Maintenance . . . . . . .
0. Storm Sewer Maintenance . . . . .
P. Soil Treatment Systems . . . . .
Q. Variances . . . . . . . . . . .
R. Compliance with Laws, Ordinances,
S. Proof of Title . . . . . . . . .
T. Soil Conditions . . . . . . . . .
U. Soil Correction . . . . . . . . .
. . . . . . . . GC- 8
. . . . . . . . GC -9
. . . . . . . . GC- 9
. . . . . . . . GC -9
and Regulations GC -9
. . . . . . . GC -9
. . . . . . . . GC -9
. . . . . . . . GC -10
ii
' CITY OF CHANHASSEN
PLANNED UNIT DEVELOPMENT AGREEMENT DEVELOPMENT
' CONTRACT
(Developer Installed Improvements)
POWERS PLACE AND POWERS PLACE SECOND
ADDITION
t SPECIAL PROVISIONS
AGREEMENT dated March 13, 1995, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
JASPER DEVELOPMENT CORPORATION OF WACONIA, a Minnesota corporation
' (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
' City to approve plats for POWERS PLACE AND POWERS PLACE SECOND
ADDITION (referred to in this Contract as the "plat "). The land is
legally described on the attached Exhibit "A ".
' 2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Zoning. The plats are being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
' uses, requirements, and standards of the "PUD ", as may be amended,
shall apply to the subject property.
4. Development Plans. The plats 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 plats prepared by Rehder and Associates and
approved by the Chanhassen City Council on
March 13, 1995.
' Plan B -- Grading, Drainage and Erosion Control Plan dated
February 3, 1995, prepared by Rehder & Associates.
' Plan C- -Plans and Specifications for Improvements dated
February 3, 1995, prepared by Rehder & Associates.
Plan D -- Landscape Plan dated , 1995 prepared
Minnesota Landscape Products.
' Revised 3/22/94
I SP -1
5. Improvements. The Developer shall install and pay for ,
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Wetland Monumentation
M. Landscaping
6. Time of Performance. The Developer shall install all
required improvements by November 15, 1995. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
7. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$ 117,500.00 . The amount of the security was calculated as 1100 of
the following:
Connection to City Utilities . . . . . . $ 5,000.00
Storm Sewer, Drainage System,
including cleaning and maintenance . . . $ 25,000.00
Erosion control /site restoration . . . . $ 19.100.00
Engineering, surveying, and inspection . $ 7,500.00
Landscaping . . . . . . . . . . . . . . . $ 50, 000.00
Wetland Monuments . . . . . . . . . . . . $ 200.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 56,800.00*
*Does not include landscaping
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1996. The City may draw down the security, without
SP -2
' notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
' no case shall the security be reduced to a point less than 100 of
the original amount until all improvements are complete and
accepted by the City.
' 8. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
' at the following address:
Jasper Development
Attn: James Jasper
235 West lst Street
Waconia, MN 55387
' Telephone: (612) 442 -5611
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
' mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
9. Other Special Conditions.
A. Amend the PUD contract to state the impervious
surface coverage of the site cannot exceed 35 %.
B. The townhome units shall conform to the design and
architecture as proposed by the applicant in their attached
narrative. Introduce some variation among buildings facing Powers
Boulevard, through the shape of windows, adding louvers, shifting
entry ways, adding dormers, or color. Introduce new elements to
break up the large roof span.
' C. The applicant shall submit a street lighting plan
for staff review and approval prior to recording of the final
plats.
' D. Park and trail dedication fees shall be paid in lieu
of park land dedication.
' E. Tree protection fencing shall be placed around the
stand of trees to minimize impact during construction. Protected
trees lost due to construction must be replaced on a 1.2 canopy
' basis in accordance with a plan approved by staff. Tree
preservation easements shall be dedicated over the stand of trees
on the site prior to recording of the final plats.
I SP -3
F. Submit proposed street names to the Public Safety
Department, Inspections Division for review and approval prior to
issuance of any building permits.
G. A twenty -foot wide fire lane must be maintained on
the new proposed north /south street. "No Parking Fire Lane" signs
shall be installed on both sides of the street with 75 -foot
spacing.
H. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc - mulched
or wood -fiber blanket or sod within two weeks of completion of each
activity in accordance with the City's Best Management Practice
Handbook.
I. Issuance of permits and inspection of the utility
lines will be performed by the City's Building Department. Streets
and utilities, except the ponding areas, storm sewer outlet and
pipe systems, shall be owned and maintained by the homeowners
association
J. Wetland buffer areas shall be surveyed and staked in
accordance with the City's wetland ordinance. The City will
install wetland buffer edge signs before construction begins and
will charge the applicant $20 per sign.
K. The applicant shall provide detailed storm sewer
calculations for 10 -year and 100 -year storm events and provide
ponding calculations for stormwater quality /quantity ponds in
accordance with the City's Surface Water Management Plan for the
City Engineer to review and approve. The applicant shall provide
detailed predeveloped and post - developed stormwater calculations
for 100 -year storm events and normal water level and high water
level calculations in existing basins. Individual storm sewer
calculations between each catch basin segment will also be required
to determine if sufficient catch basins are being utilized.
L. The applicant shall enter into a PUD /development
agreement with the City and provide the necessary financial
security to guarantee compliance with the terms of the agreement.
M. The applicant will meet wetland rules and
regulations as stated in the Army Corps of Engineers Section 404
permit, the State Wetland Conservation Act, and the City's Wetland
Ordinance. Mitigation work shall be implemented prior to or
concurrent with wetland fill activity in all phases of the project.
N. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Carver County
Highway Department, Metropolitan Waste Control Commission,
Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources, and Army Corps of Engineers and comply with their
conditions of approval.
SP -4
0. The final plats shall dedicate a 10 -foot wide
drainage and utility easement around the perimeter of both plats.
P. The applicant shall report to the City Engineer the
location of any drain tiles found during construction and shall re-
locate or abandon the drain tile as directed by the City Engineer.
Q. No decks or any portion of the dwellings may
encroach into the City's drainage and utility easements.
R. No structure shall encroach upon the 25 -foot
building setback line including but not limited to decks and
porches.
S. Compliance with conditions of PUD and site plan.
T. The applicant's engineer shall accommodate
subsurface drainage in the design of the retaining walls.
U. The applicant shall evaluate the potential for
impacts to adjacent building foundations during the grading
process.
V. Upon completion of the County grading of Powers
Boulevard, the developer shall install the remaining landscaping
improvements along Powers Boulevard. A security escrow shall be
held until the landscaping materials have been installed in
accordance with the approved plan.
W. Type I erosion control fence shall be added to the
grading /erosion control plan adjacent to Powers Boulevard.
X. Upon completion of the site improvements, the
' applicant shall supply the City with as -built construction drawings
of the utility and street improvements.
' Y. The applicant and /or homeowners association will be
required to enter into an encroachment agreement with the City for
installation of landscaping materials that encroach upon the City's
drainage and utility easement along Powers Boulevard (County Road
' 17). Permanent structures such as decks or additions shall be
prohibited from encroaching upon the City's easement areas.
Z. The landscape plan shall be revised to denote the
types of planting material shown on the plan. In addition, the
final plan shall be signed by a professional landscape architect
' registered in the State of Minnesota.
AA. In lieu of an acceptable turnaround at the south end
of the private street, on Lots 1 and 2, Block 1, Lots 1 and 2,
' Block 2, Lots 1 and 2, Block 3 and Lots 1 and 2, Block 4, Powers
Place Second Addition, the dwellings shall be constructed with a
residential sprinkler system acceptable to the City's Fire Marshal.
I SP -5
BB. The lowest floor elevation of all buildings adjacent '
to storm water ponds or wetlands shall be a minimum of 3 feet above
the 100 -year high water level.
10. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are '
attached as Exhibit "B" and incorporated herein.
SP -6 I
CITY OF CHANHASSEN
(SEAL)
BY:
Donald J. Chmiel, Mayor
AND:
Don Ashworth, City Manager
DEVELOPER:
JASPER DEVELOPMENT CORPORATION OF
WACONIA
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
ss.
COUNTY OF }
The foregoing instrument was acknowledged before me this
day of 19 by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -7
EXHIBIT
TO
DEVELOPMENT
"An
CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY (POWERS PLACE ADDITION):
That part of the Northeast Quarter of the Northwest Quarter of
Section 23 and the East Half of the Southwest Quarter of Section
14, Township 116, Range 23, Carver County, Minnesota lying easterly
and northerly of LAKE SUSAN HILLS WEST 4TH ADDITION, according to
the recorded plat thereof, said Carver County, lying easterly and
southerly of LAKE SUSAN HILLS WEST, according to the recorded plat
thereof, said Carver County and lying westerly of the westerly
right of way line of C.S.A.H. No. 17 per Corrected Highway Easement
Book 157, Page 6, on file and of record in the office of the County
Recorder, said Carver County.
LEGAL DESCRIPTION OF SUBJECT PROPERTY (POWERS PLACE SECOND
ADDITION):
Outlot B, Powers Place Addition, according to the plat of record
thereof, Carver County, Minnesota.
. •
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -9
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of , 19
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLI
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -10
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
GC -1
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line as -built plans, (3) two complete sets of utility
tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all
utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
GC -2
7a. 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 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 attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by.City Council resolution.
' 10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
' authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 1250
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
' Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
' effect when a building permit is issued minus the amount previously
paid.
1 12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
GC -3
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples
Birch
Linden
Ginkgo
Locust
Kentucky Coffee Tree
Hackberry
Hawthorn
Oak
Hickory
Ash
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2 inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee of
$750.00 in the form of cash or letter of credit shall be provided
to the City. These conditions must then be complied with within two
(2) months after the certificate of occupancy issued, except that
if the certificate of occupancy is issued between October 1 through
May 1 these conditions must be complied with by the following July
lst. Upon expiration of the time period, inspections will be
conducted by City staff to verify satisfactory completion of all
conditions. City staff will conduct inspections of incomplete
items with a $50.00 inspection fee deducted from the escrow fund
for each inspection. After satisfactory inspection, the financial
guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20 -94
or to satisfy any other requirements of this Contract or of City
ordinances. These requirements supplement, but do not replace,
specific landscaping conditions that may have been required by the
City Council for project approval.
13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free at the time of planting. All
landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
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
GC -4
' review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
' removal is consistent with City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
' standards.
16. Street Lighting. The Developer shall have installed and
' pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
' shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public
improvements shall be furnished and installed by the City at the
' sole expense of the Developer.
18. House Pads. The Developer shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
i fill on any house pad location.
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
' of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
' percent (3 %) of construction costs;
ii) if the cost of the construction of public
improvements is between $500,000 and
' $1,000,000, three percent (3 %) of construction
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
' iii) if the cost of the construction of public
improvements is over $1,000,000, two and
' one -half percent (2 of construction costs
for the first $1,000,000 and one and one -half
percent (1;-�%) of construction costs over
$1,000,000.
I GC -5
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
accordance with Article 17E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
GC -6
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
' 21. Miscellaneous.
A. Construction Trailers Placement of on -site
' construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre- construction
meeting for installation of public improvements. Trailers shall be
' removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
' B. Postal Service The Developer shall provide for the
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties Third parties shall have no recourse
against the City under this Contract.
D. Breach of Contract Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
' permits, including lots sold to third parties.
E. Severability If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
' reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits Building permits will not be
issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous
surface.
G. Waivers /Amendments The action or inaction of the
' City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written 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
I GC -7
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
K. Assignability The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction Hours The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 p.m. on
weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. Under emergency conditions, this limitation
may be waived by the consent of the City Engineer.
Any approved work performed after dark shall be adequately
illuminated.
M. Access All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
N. Street Maintenance The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
GC -8
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
of City snow plowing service does not constitute final acceptance
of the streets by the City.
0. Storm Sewer Maintenance The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off -site storm sewer system that receives
storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations
under this paragraph shall end two (2) years after the public
improvements in the plat have been accepted by the City.
P. Soil Treatment Systems If soil treatment systems
are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
Q. Variances By approving the plat, the Developer
' represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
R. Compliance with Laws, Ordinances, and Regulations
' In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
' 1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
' 3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
' S. Proof of Title Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
' the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
'
T. 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
'
GC -9
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
U. Soil Correction The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
GC -10
CITY OF CHANHASSEN
POWERS PLACE AND POWERS PLACE SECOND ADDITION
PROJECT NO. 95 -4
BREAKDOWN OF ADMINISTRATION FEES - 3/9/95
Estimated Total Cost of Public Improvements .......................... $56,800.00
- 3% of Public Improvement Costs (Under $500,000) .................... $ 1,704.00
- Street Lighting Charge (for electricty)
1 @ $ 200 ............... ............................... $ 200.00
- Final Plat Process (Attorney Fee for Review and Recording of Plats
and Development Contract) .. ............................... $ 700.00
- Recording Fees
a. Development Contract .... ............................... $ 30.00
b. Plat Filing ............ ............................... $ 60.00
c. Declaration of Covenances ............................... $ 30.00
d. Tree Preservation Easement ............................... $ 30.00
- One -third of Park and Trail Fees (per Park and Recreation Director)
- SWMP Fees*
Water Quality .......... ............................... $ 14,229.00
Water Quantity ......... ............................... $ 27,668.00
TOTAL ADMINISTRATION FEES .............................. $ 44,651.00 **
*Estimate only - SWMP fees may be given credits after final review of storm drainage
calculations.
* *Total does not include one -third of Park and Trail fees which are due at time of plat recording.