1a-2 Prairie Creek Plans & Specs 1 CITYOF
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Mien by CRY Administrator
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MEMORANDUM Modified
I Rejected
TO: Charles Folch, City Engineer Qete b Li. y3
Dante Submitted to Commission
II FROM: Dave Hempel, Assistant City Engineer k i J i
bete Submitted to Coda{
DATE: June 24, 1993 b - „ _ 0 3
II SUBJ: Approve Development Contracts and Construction Plans and Specifications for Prairie Creek
and Prairie Creek 2nd Addition - Project No. 93 -14
I The attached development contracts include the conditions of approval from the final platting and construction
plan and specification review process. Should any of the conditions of approval for final plat be amended during
- the City Council meeting, they should also be amended in the development contracts. The applicant is
proceeding ahead with the two -plat scenario at this time for financial reasons and therefore require the two
development contracts. The development contract for Prairie Creek will include all the security costs and
administration fees for both phases. The development contract for Prairie Creek 2nd Addition will essentially
I be the same; however, no security will be required. The two development contracts will also, from an
administrative standpoint, be easier to follow in the long run. Staff has calculated the required financial security
to guarantee compliance with the terms of both development contracts at $69,700 and the development contract
I administration fees total $1,655.80.
The applicant has also submitted detailed construction plans for both phases for staff to review and City Council
approval. Staff has reviewed the construction plans and specifications and fmds that they are in general
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conformance to the City's standards; however, modifications are still needed to the documents. Since the
modifications are relatively minor, staff requests that the City Council grant staff the ability to administratively
approve the construction plans and specifications after working with the applicant's engineer and modifying the
I plans accordingly. It is therefore recommended that the construction plans and specifications for Prairie Creek
and Prairie Creek 2nd Addition prepared by Rehder and Associates, Inc. and the development contracts dated
June 28, 1993 be approved conditioned upon the following:
1 1. The applicant shall enter into the development contract and supply the City with a cash escrow or letter
of credit in the amount of $69,700 and pay an administration fee of $1,655.80.
I 2. The applicant's engineer shall work City staff in revising the construction plans and specifications to
meet City standards.
111 ktm
OFFICIAL ENGINEERING COPY
Received
Attachments: 1. Development Contract dated June 28, 1993 for Prairie Creek.
2. Development Contract dated June 28, 1993 for Prairie Creek 2nd A o
I 3. Construction plans. Approved by City Engineer
Qg� _ 2 L - 3 Cif' NA
NOTE: Please leave your copy of the plans in the Council Chambers for staff to pick up a fter the mee i °� ,, �
1 Specifications are available for review in the Engineering Department. Approved u y Cow i
c: Jim Jasper, Jasper Homes $ - '
I 1.41. PRINTED ON RECYCLED PAPER
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
PRAIRIE CREEK
SPECIAL PROVISIONS
AGREEMENT dated June 28 , 1993, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
and JASPER DEVELOPMENT (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for PRAIRIE CREEK (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:
1 Plan A- -Final Plat prepared by Rehder & Associates,
Inc. and approved by the Chanhassen City Council
on June 28, 1993.
1 Plan B -- Grading, Drainage and Erosion Control Plan dated
May 28, 1993, revised June 22, 1993, prepared by
' Rehder and Associates, Inc.
Plan C- -Plans and Specifications for Improvements dated
May 27, 1993, revised June 22, 1993, prepared by
Rehder and Associates, Inc.
Plan D-- Landscape plan prepared by Minnesota
' Landscape Products and Rehder and
Associates, Inc.
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4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
5. Time of Performance. The Developer shall install all
required improvements by October 15, 1994. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for -
$ 69,700.00 (includes site landscaping [$30,000] which was not
a part of the public improvements). The amount of the security was
calculated as 110% of the following:
Watermain $ 2,000.00
On -site storm sewer $ 8,260.00
Driveway approach $ 4.500.00
Street lights and signs $ 600.00
Erosion control and site restoration . $ 15.000.00
Engineering, surveying, and inspection $ 3,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . $ 33,360.00 '
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1994. 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 from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
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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:
Jasper Development
Attn: James Jasper
235 West 1st 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.
8. Other Special Conditions.
A. Homeowners Association By -laws shall be submitted to
' staff for approval and filing against the subject site.
B. Amend the PUD Contract to state the impervious
surface coverage of this site cannot exceed 40 %.
' C. The townhome units shall conform to the design and
architecture as proposed by the applicant in their attached
narrative dated March 24, 1993.
D. The applicant shall enter into a development
contract with the City and provide a financial security to
' guarantee installation of the public improvements and compliance
with the conditions of approval.
' E. In lieu of the construction of a trail, a cash
contribution of $7,413.00 shall be made to the trail dedication
fund. Park fees shall be paid in accordance with the planned unit
' development contract.
F. The applicant shall pay a cash contribution into the
city's Storm Water Management Fund in lieu of constructing
' permanent retention ponding on site for water quality purposes.
The city's Surface Water Management consultant, Bonestroo and
Associates, have determined the cash contribution at $7,100.00. In
addition, the applicant shall pay the city for future restoration
of the sedimentation basin which is estimated at $2,500.00.
' G. The applicant shall supply detailed construction
plans for sanitary sewer, watermain, street access points and storm
sewer improvements for the City to review and approve. All utility
improvements shall be constructed in accordance with the City's
1 1993 Standard Specifications and Detail Plates.
H. The applicant shall be responsible for obtaining and
' complying with all necessary permits such as MWCC, Health
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Department, Watershed District, PCA and Carver County Highway II
Department.
I. Parking shall be prohibited along Lake Susan Hills
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Drive adjacent to this development. The City will proceed in
preparing a resolution restricting parking along Lake Susan Hills
Drive.
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J. The applicant shall incorporate the City's Best
Management Practice Handbook for site restoration and additional
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erosion control measures during the construction process.
K. A cross - access easement should be conveyed to all
the lots for use of the private street.
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L. Fire Marshal conditions:
1. The marking of fire lane on private and public III
property shall be designated and approved by
the Fire Chief [pursuant to 1988 UFC Sec. ''
10.207(w)]. See site plan submitted by Fire
Marshal for exact location.
2. "No Parking Fire Lane" signs shall be r
installed as per indicated on submitted site
plan [pursuant to Chanhassen City Policy #06-
1991 (copy enclosed)].
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3. A 10 -foot clear space shall be maintained
around fire hydrants, i.e. NSP transformers, ,
telephone, cable boxes, all landscape trees
and shrubs. Pursuant to Chanhassen City
Ordinance.
4. Submit a Fire Marshal approved "Pre -Fire I
Plan," pursuant to Chanhassen City Policy #07-
1991 (copy enclosed).
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5. Add and /or relocate fire hydrants as indicated
on submitted site, pursuant to 1988 UFC
I Division 3.
6. Fire apparatus access road shall be designed,
built and maintained before and during 1
construction of the townhouse units. The
driving surface must meet Chanhassen
Engineering specifications, pursuant to 1988 II UFC 10.207(f).
7. Premise identification Policy #29 -1992 (copy
enclosed).
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M. Building Official conditions:
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1. Submit details on corrected pads including
compaction tests, limits of the pads and
elevations of excavations to the Inspections
Division. A general soils report for the
development should also be submitted to the
Inspections Division. This must be done prior
to issuance of building permits.
11 2. Provide easements for driveways and private
roads to a public way prior to final plat
approval.
3. Submit proposed street name(s) for review
prior to final plat approval.
M N. Utilities and street improvements outside of the
dedicated right -of -way and utility and drainage easements as shown
on the final plat shall be privately owned and maintained by the
Homeowners Association and not by the City.
0. Inspection for the construction of the private
utility lines (sanitary sewer, water main and storm sewers) shall
be performed by the City's Building Department. The appropriate
building permits shall be obtained and complied with.
9. General Conditions. The general conditions of this
' Contract, approved by the City Council on February 22, 1988, are
attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN 1
BY:
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Donald J. Chmiel, Mayor
(SEAL)
AND:
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Don Ashworth, City Manager
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DEVELOPER: JASPER DEVELOPMENT
BY: III
Its
STATE OF MINNESOTA ) III
( ss.
COUNTY OF CARVER ) 11
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by IV
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.
II
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF ) 1
The foregoing instrument was acknowledged before me this
day of , 19 , by
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NOTARY PUBLIC
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DRAFTED BY: II
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center '
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000 1
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CONSENT
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.
1 Dated this day of , 19
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STATE OF MINNESOTA )
( ss.
COUNTY OF
1 The foregoing instrument was acknowledged before me this
day of , 19 ,
1
NOTARY PUBLIC
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DRAFTED BY:
' Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
' Eagan, Minnesota 55121
(612) 452 -5000
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi-
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer. 1
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 instruct its engineer to respond to questions from
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the City Inspector(s) and to make periodic site visits to satisfy
1 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
1 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,
1 (4) location of buried fabric used for soil stabilization, (5)
location stationing and swing ties of all utility stubs, (6) bench
mark network, and (7) a 200 scale and a 500 scale reproducible
1 Mylar copy of the plat.
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
1 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
1 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
1 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
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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.
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. 1
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 125%
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. Prior to the issuance of
building permits for residential construction within the plat, 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.
12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Ash
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1 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.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
' the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
' default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
1 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.
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B. Postal Service. The Developer shall provide for the
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maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties. Third parties shall have no recourse
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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, 1
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
1 the remaining portion of this Contract.
F. Building Permits. Building permits will not be
issued for constructing homes 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.
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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
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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.
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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
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a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and maintain 1
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
I 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
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$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $200,000 for each
occurrence; or a combination single limit policy of $1,000,000 or I
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
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1 advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
1 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.
1 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
1 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
subdivision 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.
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O. 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.
P. 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.
Q. 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; 1
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.
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R. 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.
S. Soil Conditions. The Developer acknowledges that
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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.
T. 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
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' 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
1 shall be provided before the City inspects the foundation for a
building on the lot.
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CITY OF CHANHASSEN
PRAIRIE CREEK
PROJECT NO. 93 -14
BREAKDOWN OF ADMINISTRATION FEES - 6/24/93
Estimated Total Cost of Public Improvements $ 33,360.00
- 3% of Public Improvement Costs (Under $500,000) $ 1,000.80
- Street Lighting Charge (for electricty)
2 @ $200 $ 400.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) $ 200.00
- Recording Fees
a. Development Contract $ 25.00
b. Plat Filing $ 30.00
TOTAL ADMINISTRATION FEES FOR BOTH PHASES $ L655.80 '
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1 CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
PRAIRIE CREEK 2ND ADDITION
SPECIAL PROVISIONS
1 AGREEMENT dated June 28 , 1993, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
and JASPER DEVELOPMENT (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for PRAIRIE CREEK 2ND 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. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
' may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
' terms shall control. The plans are:
Plan A- -Final Plat prepared by Rehder & Associates,
Inc. and approved by the Chanhassen City Council
on June 28, 1993.
Plan B -- Grading, Drainage and Erosion Control Plan dated
' May 28, 1993, revised June 22, 1993, prepared by
Rehder and Associates, Inc.
Plan C- -Plans and Specifications for Improvements dated
May 27, 1993, revised June 22, 1993, prepared by
Rehder and Associates, Inc.
Plan D -- Landscape plan prepared by Minnesota Landscape
Products and Rehder and Associates, Inc.
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4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
5. Time of Performance. The Developer shall install all
required improvements by October 15, 1994. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this 1
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
$ N/A (security and administration fees have been collected
with the first addition). The amount of the security was
calculated as 110% of the following:
Watermain
On -site storm sewer ,
Driveway approach
Street lights and signs
Erosion control and site restoration
Engineering, surveying, and inspection
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, 1994. 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 from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
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' 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:
Jasper Development
' Attn: James Jasper
235 West 1st 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.
8. Other Special Conditions.
A. Homeowners Association By -laws shall be submitted to
staff for approval and filing against the subject site.
B. Amend the PUD Contract to state the impervious
' surface coverage of this site cannot exceed 40 %.
C. The townhome units shall conform to the design and
architecture as proposed by the applicant in their attached
narrative dated March 24, 1993.
D. The applicant shall enter into a development
' contract with the City and provide a financial security to
guarantee installation of the public improvements and compliance
with the conditions of approval.
E. In lieu of the construction of a trail, a cash
contribution of $7,413.00 shall be made to the trail dedication
fund. Park fees shall be paid in accordance with the planned unit
' development contract.
F. The applicant shall pay a cash contribution into the
' city's Storm Water Management Fund in lieu of constructing
permanent retention ponding on site for water quality purposes.
The city's Surface Water Management consultant, Bonestroo and
' Associates, have determined the cash contribution at $7,100.00. In
addition, the applicant shall pay the city for future restoration
of the sedimentation basin which is estimated at $2,500.00.
' G. The applicant shall supply detailed construction
plans for sanitary sewer, watermain, street access points and storm
sewer improvements for the City to review and approve. All utility
' improvements shall be constructed in accordance with the City's
1993 Standard Specifications and Detail Plates.
H. The applicant shall be responsible for obtaining and
' complying with all necessary permits such as MWCC, Health
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Department, Watershed District, PCA and Carver County Highway '
Department.
I. Parking shall be prohibited along Lake Susan Hills
Drive adjacent to this development. The City will proceed in
preparing a resolution restricting parking along Lake Susan Hills
Drive. '
J. The applicant shall incorporate the City's Best
Management Practice Handbook for site restoration and additional
erosion control measures during the construction process. '
K. A cross - access easement should be conveyed to all
the lots for use of the private street.
L. Fire Marshal conditions:
1. The marking of fire lane on private and public '
property shall be designated and approved by
the Fire Chief [pursuant to 1988 UFC Sec.
10.207(w)]. See site plan submitted by Fire
Marshal for exact location.
2. "No Parking Fire Lane" signs shall be
installed as per indicated on submitted site
plan [pursuant to Chanhassen City Policy #06-
1991 (copy enclosed)].
3. A 10 -foot clear space shall be maintained
around fire hydrants, i.e. NSP transformers,
telephone, cable boxes, all landscape trees
and shrubs. Pursuant to Chanhassen City
Ordinance.
4. Submit a Fire Marshal approved "Pre -Fire '
Plan," pursuant to Chanhassen City Policy #07-
1991 (copy enclosed).
5. Add and /or relocate fire hydrants as indicated
on submitted site, pursuant to 1988 UFC
Division 3. '
6. Fire apparatus access road shall be designed,
built and maintained before and during
construction of the townhouse units. The
driving surface must meet Chanhassen
Engineering specifications, pursuant to 1988
UFC 10.207(f). ,
7. Premise identification Policy #29 -1992 (copy
enclosed). '
M. Building Official conditions:
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I 1. Submit details on corrected pads including
compaction tests, limits of the pads and
elevations of excavations to the Inspections
1 Division. A general soils report for the
development should also be submitted to the
Inspections Division. This must be done prior
1 to issuance of building permits.
2. Provide easements for driveways and private
roads to a public way prior to final plat
1 approval.
3. Submit proposed street name(s) for review
I prior to final plat approval.
N. Utilities and street improvements outside of the
dedicated right -of -way and utility and drainage easements as shown
II on the final plat shall be privately owned and maintained by the
Homeowners Association and not by the City.
1 0. Inspection for the construction of the private
utility lines (sanitary sewer, water main and storm sewers) shall
be performed by the City's Building Department. The appropriate
1 building permits shall be obtained and complied with.
9. General Conditions. The general conditions of this
I Contract, approved by the City Council on February 22, 1988, are
attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN
BY: '
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: JASPER DEVELOPMENT
BY:
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. 1
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 1
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Linden Basswood
' Green Ash Birch
Honey Locust Ginko (male only)
Hackberry Kentucky Coffee Tree
Oak
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 (21/2) 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
1 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 in the
form of cash or letter of credit shall be provided to the City.
Improvements are to be completed during the first growing season
after issuance of the certificate of occupancy. After satisfactory
1 inspection, the financial guarantee shall be returned. The City
has established the financial guarantee at $1,000.00; however, this
may be increased annually based upon cost. These requirements
1 supplement, but do not replace, specific landscaping conditions
that may have been required by the City Council for project
approval.
1 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 trees
shall be warranted for twelve (12) months from the time of
1 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.
1 14. Lot Plans. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control, and Tree Removal
Plan shall be submitted for each lot as required in the Special
' Provisions, for review and approval by the City Engineer. Each
plan shall assure that drainage is maintained away from buildings
and that tree removal is consistent with City Ordinance.
1 15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
1 standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
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II sha Engineer's approval ri
ll be submitted for the City g 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
II
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Street Signs. All street name and traffic signs required 1
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.
II
18. 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. 1
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in I
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
I
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
II
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public I
improvements is less than $500,000, three
percent (3 %) of construction costs;
ii) if the cost of the construction of public II
improvements is between $500,000 and
$1,000,000, three percent (3 %) of construction
I
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 1
improvements is over $1,000,000, two and
one -half percent (22 %) of construction costs
for the first $1,000,000 and one and one -half
I
percent (11 %) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit 1
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based II 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
I
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
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II CONSENT
fee owners of all or part of the subject property, the development
1 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
II property owned by them.
Dated this day of , 19
II
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STATE OF MINNESOTA )
( ss.
1 COUNTY OF )
The foregoing instrument was acknowledged before me this
II day of , 19 , .
II
NOTARY PUBLIC
II
I DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
I 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City. ,
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part -time basis. The
Developer shall instruct its engineer to respond to questions from
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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, (6) bench
mark network, and (7) a 200 scale and a 500 scale reproducible
Mylar copy of the plat.
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
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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. Street Signs. All street name and traffic signs 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
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 (21/2%) of construction costs
for the first $1,000,000 and one and one -half
percent (11/2%) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
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II cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
I 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
I 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
I which the City may pay or incur in consequence of such claims,
including attorneys' fees.
In addition to the administrative fee, the Developer
I D.
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
I 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
I 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
I (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
I 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
I charges, and building permit fees.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
I 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
I 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.
1 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.
1 A. Construction Trailers. Placement of on -site
construction trailers and temporary job site offices shall be
I 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
I
by the City Engineer.
1 GC -6
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B. Postal Service. The Developer shall provide for the f
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 for constructing homes 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
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 $200,000 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
GC -7
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
subdivision 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.
GC -8