1a Approve Amended Stone Creek First Addition Dev. Contact Project 92-9 CITY OF /c(_ CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937 -1900 • FAX (612) 937 -5739
Action by City Administrator
t
Endorsed l W
MEMORANDUM ttoditie�___„ -_
Rejected.... -
Oat
TO: Charles Folch, City Engineer eate Submitted to Commissiotf
FROM: Dave Hempel, Assistant City Engineer Apr To, / Date Submitted to Council
.6 - a1-_g3
1
DATE: May 19, 1993
t SUBJ: Approve Amended Stone Creek First Addition Development Contract
Project No. 92 -9
On March 8, 1993, the City Council approved a development contract for Stone Creek First
Addition. Staff has since received a request from the developer, Mr. Hans Hagen, to amend
the development contract, specifically Section 8, paragraph E, with regards to construction
of future bypass lanes on Galpin Boulevard (County Road 19). Staff has reviewed Mr.
Hagen's request and also believe that the previous condition may have been exorbitant.
' Staff has since negotiated with Mr. Hagen to pay for future construction costs of the
granular base and asphalt surface of the bypass lane only. Mr. Hagen has acknowledged
that this is an acceptable settlement and therefore is the impetus for the amendment of the
development contract. In addition, staff has also revised items 8C and 8H of the Special
Provisions.
The previously approved development contract has not been recorded yet. The attached
development -contract will supersede and replace the previous development contract for
Stone Creek First Addition dated March 8, 1993. It is therefore recommended that the City
Council approved the revised development contract for Stone Creek First Addition dated
May 25, 1993.
t. t ktm
' Attachments: 1. Revised Development Contract for Stone Creek First Addition.
2. Letter dated April 22, 1993 from Hans Hagen Homes.
OFFICIAL ENGINEERING COPY
c: Hans Hagen Received
Revision No
Approved by 0, Engineer
Data
t 1? PRINTED ON RECYCLED PAPER Approved by City COU•11
Daie
05/19/93 11:01 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL 07.]002!027
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CAMPBELL, KNUTSON, SCOTT & FUCHS, PA.
Attorne at Law
ThomAs . C:;ir.� 111
Rog (613) 452 5t��
AI��g r N. l<I)Gtl ail Fax (612) 452 -5550
Thomas M Scorr
(3 tjy Fuchs
lames (i V(/alsson
Elliott )3. }; :true})
Micho- ul A. 8 mhack
Rcn.ic D. Staler May 19, 1993
BY FAX AND MAIL
Mr. Dave Hempel
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
' RE: Stone Creek First addition
Dear Dave:
Enclosed please find revised development contract which
supersedes and replaces the previous development contract for Stone
' Creek First Addition dated March 8, 1993, and which incorporates
the changes you requested under paragraphs 9(E) and 21(L).
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY de
' Susan R. Nelson, Le-7.1 Asst.
to Roger N. Knutson
SRN:ms
Enclosure
1
11
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Suite 317 • Eagancialc Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
05%19- 93 11:02 $612 452 5550 CAMPBELL KNUTSON - 4 4 4 CHAN. CITY HALL Z003/027 027
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SPE cam PROVISIONS 1
AGREEMENT dated , 1993, by and between the CITY OF II
CHANHASSEN, a Minnesota municipal corporation, (the "City "), and HANS
HAGEN HOMES, INC., a Minnesota corporation, (the "Developer ").
1. Replacement Contract. This Contract supersedes and replaces II
in its entirety the Development Contract for Stone Creek First Addition
dated March 8, 1993, as approved by the Chanhassen City Council on that II
date.
2. Request for Plat Approval. The Developer has asked the City II
to approve a plat for STONE CREEK FIRST ADDITION (referred to in this
Contract as the "plat "). The land is legally described on the attached
Exhibit "A ". 1
3. Conditions of Plat Approval. The City hereby approves the
plat on condition that the Developer enter into this Contract and 1
furnish the security required by it.
4. Development Plans. The plat shall be developed in accordance II
with the following plans. The plans shall not be attached to this ,
Contract. With the exception of Flan 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: II
Plan A- -Plat approved by the City Council on February
22, 1993, prepared by E.G. Rudd & Sons, Inc.
1
rQ5/19/93 SP -1 ATTACHMENT 1
0519 %93 11:02 12612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL 01004%027
1
11
Plan B -- Grading, Drainage, and Erosion Control Plan dated
May 28, 1992, revised February 5, 1993, prepared by
Charles W. Plowe, Consulting Engineer.
Plan C- -Plans and Specifications for Improvements dated
11 June 6, 1992, revised February 26, 1993, prepared
by Charles W. Plowe, Consulting Engineer, and
approved by the City Council on March 8, 1993.
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. County Road 117 Acceleration & Deceleration Lanes
6. Time of Performance. The Developer shall install all required
1 improvements by November 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.
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,
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w or equivalent (u security") cash escrow, quivalent ( security ) for $539,265.00. The amount of
the security was calculated as 110% of the following: 1
Sanitary Sewer $ 37,000.00
Watermain $ 30,000.00 I,
On -site Storm Sewer $ 28,000.00
Streets $ 89,500.00 11
Street Lights and Signs $ 1,150.00 1
Erosion Control $ 4,500.00
Engineering, Surveying, ,
and Inspection $ 30,000.00
Landscaping $ 23,000.00 1
Site Grading $ 87,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS $ 330,150.00
PARK PROPERTY DEDICATION $ 160 000.00
This breakdown is for historical reference; it is not a restriction on 11
the use of the security. The security shall be subject to the approval II
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 II
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 II
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 II
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 1
accepted by the City.
8. Notices. Required notices to the Developer shall be in II
writing, and shall be either hand delivered to the Developer, its 11
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11 employees or agents, or mailed to the Developer by registered mail at
the following address:
HANS HAGEN HOMES, INC.
Suite 300
941 NE Hiliwind Road
Fridley, Minnesota 55432
Attention: Hans Hagen
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
1 9. Other Special Conditions. (This section to include conditions
of approval from the plat review and plan and specification review
process).
A. The development shall follow the standard in Subdivision
Regulations Section 18 -16 regarding landscaping and tree
preservation.
1 B. Park land shall be dedicated, 8 acres of property, as
recommended by the Park commission, including a 20 foot easement
south of the Timberwood subdivision between Timberwood Drive and
the park. A letter of credit will be held until the park property
is dedicated. The amount shall be $20,000 per acre (8 acre park
will be $160,000). The 20 foot trail easement is not included in
this phase.
1 C. The applicant shall convey to the City a temporary
easement for the temporary cul -de -sac at the end of Boulder Road.
In addition, a sign shall be installed on the barricades stating
that the street (Boulder Road) will be extended in the future.
1 D. The applicant shall receive and comply with all pertinent
agency permits, i.e. Watershed Districts, Health Department, MWCC,
e
E. A deceleration and acceleration lane on northbound County
Road 19 shall be provided along with a future by -pass turn land on
southbound County Road 19 to improve turning movements into the
development. A by -pass lane is not proposed with the first
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addition. Staff believes traffic volume will not warrant a by -pass
at this time. Also, existing right -of -way along Galpin Boulevard is
deficient to construct the by -pass lane. However, in the future
when traffic counts achieve warrants for a by -pass lane, the
Developer will be required to pay the City for construction of
portions of said by -pass lane, specifically the granular base and I/
bituminous pavement.
F. A permit from the railroad (Twin City Western) will be II
required for any grading or construction activity within the
railroad right -of -way.
G. The proposed earth berm along County Road 19 shall be II
reduced or relocated easterly to provide adequate room for future
trail considerations.
H. All areas disturbed during site grading shall be II
immediately restored with seed and disc - mulched or wood -fiber
blanket within two (2) weeks of site grading on or before October '
31, 1993, except in areas where utilities and streets will be
constructed yet that year. All areas disturbed with a slope of 3:1
or greater must be restored with sod or wood -fiber blanket.
I. The applicant shall be given a credit for any trunk II
utility improvements they may install as a part of their overall
site improvements. The credit will be applied towards the Upper
Bluff Creek sanitary sewer and watermain trunk improvements. The
credit amount will be determined as the difference between a
standard lateral pipe size (8 inch diameter) and the proposed trunk
improvements which are 12 inches in diameter. 1
J. The applicant shall meet the conditions of the Rezoning
#92 -2 and the Wetland Alteration Permit #92 -3. 1
K. If after three (3) years from the date the final plat is
approved by the City Council, the remaining public utility and
street improvements (Stone Creek 2nd Addition) are not constructed,
the City shall proceed with a 429 public improvement project and
assess the costs back to the benefitting properties. The developers
and /or property owners shall waive any and all procedural and II
substantive objections to the special assessment, including but not
limited to hearing requirements and any claim that the assessment
exceeds the benefit to the property.
L. The applicant shall provide the City with a revised
grading plan with the following modifications:
1. Lot and block numbers that correspond to the final II
plat.
2. Lots adjacent to ponding areas shall have a lowest 1
floor elevation a minimum of three (3) feet above
the pond high water level.
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3. Relocate the emergency overflow y w proposed on the
west pond to the south end adjacent to the outlet
pipe.
4. Drainage and utility easements shall be adjusted to
encompass the high water level of each pond.
10. 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.
CITY OF CHANHASSEN
BY:
( SEAL) Donald J. Chmiel, Mayor
' AND:
Don Ashworth, City Manager
DEVELOPER:
HANS HAGEN HOMES, INC.
BY:
Its
1
STATE OF MINNESOTA )
( ss.
' COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day
of , 1993, by Donald J. Chmiel, Mayor, and by Don Ashworth,
I 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
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STATE OF MINNESOTA )
( ss.
COUNTY OF }
The foregoing instrument was acknowledged before me this day
of , 1993, by the II
of Hans Hagen Homes, Inc., a Minnesota II
corporation, on behalf of the corporation.
NOTARY PUBLIC
1
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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EXHIBIT HA"
LEGAL DESCRIPTION:
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CONSENT
fee owners 1
of all or part of the subject property, the development of which is
governed by the foregoing Development Contract, affirm and consent to II
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 . 1
1
1
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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•
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CONSENT
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 .
1
1
' STATE OF MINNESOTA )
( SS.
COUNTY OF
The foreg 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
1
1
1
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT ,
(Developer Installed Improvements)
EXHIBIT «E" 1
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, II
construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following II
conditions have been satisfied: 1) this agreement has been fully
executed by both parties and filed with the City Clerk, 2) the necessary I
security and fees have been received by the City, 3) the plat has been
recorded with the County Recorder's Office of the County where the plat
is located, and 4) the City Engineer has issued a letter that the
foregoing conditions have been satisfied and then the Developer may
proceed. ,
2. Phased Development. If the plat is a phase of a multiphased
preliminary plat, the City may refuse to approve final plats of
subsequent phases if the Developer has breached this Contract and the ,
breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the
City.
3. Effect of Subdivision Approval. For two (2) years from the 11
date of this Contract, no amendments to the City's Comprehensive Plan, 11
except an amendment placing the plat in the current urban service area,
or official controls shall apply to or affect the use, development II
density, lot size, lot layout or dedications of the approved plat unless
1
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required by state or federal law or agreed to i
4u y gr ed 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 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
1
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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 11
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 II
monuments have been installed.
6. License. The Developer hereby grants the City, its agents, II
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 II
erosion control requirements if they would be beneficial. All areas 11
disturbed by the excavation and backfilling operations shall be reseeded
forthwith after the completion of the work in that area. Except as II
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 II
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
11
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endeavor to notify he Developer in advance of any proposed action, p y prop se , 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
1 maintained until vegetative cover has been restored, even if
construction as 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.
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 blowabies, 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.
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10. Claims. In the event that the City receives claims from I
labor, 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 II
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, 1
discharge, and dismiss the City from any further proceedings as it
pertains to the letters of credit deposited with the District Court, II
except that the Court shall retain jurisdiction to determine attorneys' ,
fees.
11. Par) 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 1
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 II
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: II
Maples Ash
Linden Basswood
Green Ash Birch
Honeylocust Ginkgo (male only)
Hackberry Kentucky Coffee Tree
Oak
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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 1/2)
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 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 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 planting. The
Developer or his contractor(s) shall post a letter of credit or other
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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 II
shall be submitted for each lot as required in the Special Provisions,
for review and approval by the City Engineer. Each plan shall assure II
that drainage is maintained away from buildings and that tree removal is
consistent with City Ordinance.
15. Existing Assessments. Any existing assessments against the II
plat will be respread against the plat in accordance with City
standards. '
16. Street Lighting. The Developer shall have installed and pay I
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. 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 and type of fill on any house pad II
location.
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in II
conjunction with the installation of the plat improvements. This fee is
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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;
1 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 1/2 %) of
' construction costs for the first $1,000,000 and one and
one -half percent (1 1/2 %) of construction costs over
$1,000,000.
1 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
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development. The Developer shall indemnify the City and its officers and II
employees for all costs, damages, or expenses which the City may pay or II
incur in consequence of such claims, including attorneys' fees.
D. In addition to the administrative fee, the Developer 1
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 II
halt all plat development work and construction, including but not
limited to the issuance of building permits for lots which the Developer II
may or may not have sold, until the bills are paid in full. sills not
paid within thirty (30) days shall accrue interest at the rate of 8% per II
year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be imposed 11
such as, but not limited to, sewer availability charges ( "SAC "), City
water connection charges, City sewer connection charges, and building 1
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 II
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 II
not be necessary for the City to seek a Court order for permission to
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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. xfsCellaaeous.
' A. gpnstruction 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. Severabilitv. 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
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Contract. To be binding, amendments or waivers shall be in writing, I
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 II
completed the work required of it under this Contract, at the
Developer's request the City Manager will issue a Certificate of II
Compliance. Prior to the issuance of such a certificate, individual lot II
owners may make as written request for a certificate applicable to an
individual lot allowing a minimum of ten (10) days for processing. 1
I. Insurance Developer shall take out and maintain until
six (6) months after the City has accepted the public improvements, II
public liability and property damage insurance covering personal injury, e
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 II
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 II
or more. The City shall be named as an additional insured on the policy, II
and the Developer shall file with the City a certificate evidencing
coverage prior to the City signing the plat. The certificate shall II
provide that the City must be given ten (10) days advance written notice
of the cancellation of the insurance. The certificate may not contain II
any disclaimer for failure to give the required notice.
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1 a. Remedies. Each right, power or remedy herein conferred
upon the City is cumulative and in addition to every other right, power
' or remedy, express 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
1 exercise at any time thereafter any other right, power or remedy.
K. Assianabilitv. 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.
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II
N. Street Maintenance. The Developer shall be responsible II
for all street maintenance until streets within the subdivision are 1
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 1
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 II
city shall have complete discretion to approve or reject the request.
The City shall not be responsible for reshaping or damage to the street II
base or utilities because of snow plowing operations. The provision of
City snow plowing service does not constitute final acceptance of the II
streets by the City. 1
0. Soil Treatment Systems. If soil treatment systems are
required, the Developer shall clearly identify in the field and protect II
from alteration, unless suitable alternative sites are first provided,
the two soil treatment sites identified during the platting process for 1
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 1
violated site in order to obtain a building permit.
P. Variances. By approving the plat, the Developer 1
represents that all lots in the plat are buildable without the need for
variances from the city's ordinances.
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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;
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.
' 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 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
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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 II
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 II
a building on the lot.
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e
Homes
April 22, 1993 ---�--
6j6, e/I$
' Mr. Tom
n , f Pcrles --a D t o .tt n
' CITY OF CHANHASSEN
690 Coulter Drive
P.O. Box 147
1 Chanhassen, MN 55317
Dear Mr. I1uff ita..
' Please consider this a request for the Mayor and Council to amend the Development Contract
dated March 8, 1993 between Hans Hagen Homes, Inc. and the City of Chanhassen. We are
1 requesting Section 8, Paragraph E, be eliminated.
Upon inspection of the site, it is apparent that a rather substantial slope easement will be
necessary to construct the bypass lane. This was not apparent to our company as we were in
negotiation with the City on bypass lanes and turn lanes.
It is apparent that Galpin Road must be widened. It is a County road and certainly not the
responsibility of the developer to take care of the County roads. Furthermore, it is impossible
' for us to acquire right -of -ways for slope easements.
The Mayor and Council should also be aware that we are installing turn lanes and deceleration
lanes for the northbound traffic on the east side of Galpin Road. This of course not only benefits
our property but also benefits all the property to the east that is served by our development.
Thank you oryour consideration.
Cordially,
1
' Hans Hagen, Jr.
Pr n
Ir/HH 1,a J J
ATTACHMENT 2
941 NE Hiliwind Road Suite 300 • Minneapolis, Minnesota 55432 • Fax 612/572 -9417 Phone 612/572 -9455