3a-2 Approve Dev Contract and Plans for Trotters Ridge Project 93-18 2 C..
I Y C ITYOF
r .,
CHANHASSEN
1 ., = 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrates
� Endorsed V LL_�
I MEMORANDUM Modified
Rejected.
Date X — .P0- 9 3
I TO: Charles Folch, City Engineer pate Submitted to Commission
FROM: Dave Hempel, Assistant City Engineer /44(...—
Date Submitted to Cottpcil
1 DATE: August 19, 1993 8 a 3 - `I3
SUBJ: Approve Development Contract and Construction Plans and Specifications for Trotters Ridge
1 Addition - Project No. 93 -18
I The attached development contract includes the conditions of approval from the final platting and construction
plans and specifications review process. Should any of the conditions of approval for final plat be amended
during the City Council meeting, they should also be amended within the development contract. Staff has
calculated the required financial security to guarantee compliance with the terms of the development contract
1 at $675,000 and administration fees total $19,150.
The applicant has submitted detailed construction plans and specifications for staff to review and City Council
I approval. Staff has reviewed the attached construction plans and specifications and fmds that they are in general
conformance with the City's standards; however, the construction plans still need some modifications which staff
typically works out with the developer's engineer. Staff requests that the City Council grant staff the flexibility
to administratively approve the construction plans after working with the applicant's engineer in modifying the
1 plans per staff recommendations.
It is therefore recommended that the construction plans and specifications for Trotters Ridge Addition prepared
I by James R. Hill, Inc. dated August 10, 1993 and the development contract dated August 23, 1993 be approved
contingent upon the following:
I 1. The applicant shall enter into a development contract with the City and supply the necessary financial .
guarantee in the amount of $675,000 and pay an administration fee of $19,150.
2. The applicant's engineer shall work with City staff in revising the construction plans to meet City
r standards.
ktm
r Attachments: 1. Development Contract dated August 23, 1993.
2. Construction plans.
1 NOTE: Please leave your copy of the construction plans in the Council Chambers for staff to collect after the
meeting. Additionally, copies of the specifications are available for review in the Enginm�peymetri. copy
1 c: Dick Putnam, Tandem Properties Received
R8vislof No.
I Approv9d by city Etry'trr -s
Daft) ' a 93 z
formed by CAty Cdxgrwit
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II
CITY OF CHANHASSEN
II DEVELOPMENT CONTRACT
(Developer Installed Improvements)
II TROTTERS RIDGE ADDITION
II SPECIAL PROVISIONS
AGREEMENT dated August 23, 1993, by and between the CITY OF
I CHANHASSEN, a Minnesota municipal corporation (the "City "), and
TANDEM PROPERTIES (the "Developer ").
P1. Request for Plat Approval. The Developer has asked the
City to approve a plat for TROTTERS RIDGE 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
II and furnish the security required by it.
3. Development Plans. The plat shall be developed in
1 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
II plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
I Plan A - -Plat prepared by James R. Hill, Inc. and approved
by the City Council on August 23, 1993.
I Plan B -- Grading, Drainage and Erosion Control Plan dated
August 10, 1993, revised August 19, 1993,
prepared by James R. Hill, Inc.
II Plan C- -Plans and Specifications for Improvements dated
August 10, 1993, prepared by James R. Hill, Inc.
11 Plan D-- Landscaping Plan for Tandem Properties dated
August 10, 1993, prepared by James R. Hill, Inc.
II
II
II ATTACHMENT 1
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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 and Trails
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. Turn Lane along Galpin Boulevard
M. Landscaping along Galpin Boulevard
5. Time of Performance. The Developer shall install all
required improvements by August 30, 1995. . The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date. i
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
$ 675,000.00 . The amount of the security was calculated as
110% of the following:
Sanitary sewer $ 122.500.00
Watermain $ 86,500.00
On -site storm sewer $ 94,000.00
Streets and Trails $ 185,000.00
Street lights and signs $ 2,500.00
Erosion control $ 11,500.00
Engineering, surveying, and inspection $ 40,000.00
Landscaping $ 15,000.00
Iron Monuments around wetlands $ 2,500.00
Site Grading for Streets & Ponding . . $ 54,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS • • • • $ 613,500.00 ,
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, 1995. 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
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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.
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:
Tandem Properties
1 7808 Creek Ridge Circle, Suite 310
Bloomington, MN 55439
Telephone: (612) 941 -7805
' 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. The landscaping plan shall be amended to include
' landscaping between the westerly lots and the industrial land to
the west where vegetation does not already exist, and two front
yard overstory trees shall be required for each lot where two trees
do not exist.
B. All trees designated for preservation shall be
protected by a snow fence 1; times the diameter of the drip line
' prior to any alteration of the site. Any understory vegetation
within the snow fence shall also be preserved.
C. Each of the lots shall have a woodland management
plan developed by the developer prior to issuance of certificate of
occupancy. The woodland management plan shall be developed by a
' licensed forester approved by the city. A copy of the woodland
management plan shall be kept in the building permit file and a
copy will also be given to the homeowner.
D. Unless a lot already has two overstory trees in the
front yard, additional overstory trees, from the city's approved
list, shall be planted in each lot so that there are two overstory
trees in each front yard. If this has not been accomplished prior
to the issuance of a building permit for a lot, before a building
permit is issued, arrangements must be made to have the trees
planted within one grading season after the building permit is
' issued. The city should require security to guarantee compliance.
E. The wetland boundaries including buffer areas will
11 have a monument designating it as protected wetland at each lot
line.
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F. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detailed Plates. Detailed street and
utility plans and specifications shall be submitted for staff
review and City Council approval.
G. The applicant shall apply and obtain permits from
the Watershed District, DNR, Carver County Public Works, MCC,
Minnesota Health Department, and other appropriate regulatory
agencies and comply with their conditions of approval.
H. The applicant shall enter into a development
contract with the city and provide the necessary financial security
to guarantee compliance with the terms in the development contract. '
I. All areas disturbed during site grading shall be
immediately restored with seed and disc - mulched or wood fiber
blanket or sod within two weeks of completing site grading unless
City's Best Management Practices Handbook planting dates dictate
otherwise.
J. The final plat shall reflect a 20 foot wide drainage
and utility easement along the common property line between Lots 2
and 3, Block 1.
K. The applicant shall work with city staff to preserve
trees within the right -of -way.
L. Preliminary and final plat approval should be 111 contingent upon the city authorizing Phase II of the Upper Bluff
Creek Sewer and Water Improvement Project 91 -17B.
M. All driveways shall access the interior streets. No
driveway access will be allowed onto Galpin Boulevard. Driveway
access to Lot 33, Block 1 and Lot 9, Block 2 of the preliminary
plat shall be from the street on the west side of the lot. The two
existing driveways shall be realigned perpendicular to the new
street and paved with a bituminous or concrete surface.
N. The applicant shall be responsible for construction 1
of a right turn lane on southbound Gaipin Boulevard into the site
in conjunction with the overall site improvements.
0. The applicant shall provide sanitary sewer and water '
service to existing home sites. In addition, they will notify the
property owners of the city ordinance requiring connection to
municipal sanitary sewer within 12 months after said connection
becomes available pursuant to city ordinance.
P. The applicant shall supply detailed storm sewer 1
calculations for a ten year storm event and ponding calculations
for retention ponds in accordance with city ordinance for the city
engineer to review and approve. 1
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II Q. Type I erosion control fence shall be installed 10
feet behind the curb as soon as the streets are constructed with
the first lift of asphalt pavement and the boulevards backfilled to
grade.
I R. The applicant will include with the street
construction plans, installation of drain tile behind the curbs in
1 those areas where sump pump discharge will not be directed into a
wetland or storm drainage system.
I S. The final plat does not include the street name.
The applicant shall work with staff in submitting an acceptable
street name.
I T. A ten foot clear space must be maintained around
fire hydrants, i.e., NSP, NW Bell, cable boxes, street lamp, trees,
shrubs, etc. Pursuant to Chanhassen City Ordinance, Section 9 -1.
II U. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall
II be provided with a surface so as to provide all- weather driving
capabilities. The roads shall be in place before construction on
new dwellings start, which are greater than 150' from County Road
117.
II V. Indicate lowest floor elevations and garage floor
elevations for Lot 16, Block 2 on the grading plan.
1 W. Submit details on corrected pads including
compaction tests, limits of the pad and elevations of excavations
to the Inspections Division. A general soils report for the
I development should also be submitted to the Inspections Division.
This condition must be met before any building permits are issued.
II X. The dedication of Outlot A as park and open space.
This dedication to include a survey of the property and field
staking of property corners and lot intersection points. Transfer
I of fee title of this property shall occur through an unrestricted
warranty deed at the time of platting. The applicant shall receive
50% park fee credit, or $300 per home, for this dedication. The
balance of the park fees being collected at a rate of 50% of the
I park fee in force upon building permit application. At present
this fee would be one -half of $600, or $300. The applicant shall
provide a 20 foot wide trail easement along the entire easterly
II property line. This trail corridor is identified in the city's
Comprehensive Plan and no trail fee credit shall be granted for
said easement. The applicant shall map and construct a trail
II paralleling Outlot A as described herein and as depicted on
Attachment A. Any easements for trail purposes which are
necessitated by this alignment shall be conveyed to the city. The
applicant shall receive full trail dedication fee credit for this
II condition. The entirety of this trail shall be constructed above
the 933 elevation mark.
II
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Y. Staff shall work with the City Attorney to draft an
agreement with the developer to provide financial guarantees for
removal and replacement of any trees removed or die up to 3 years
after the streets are constructed within the right -of -way which
were not approved for removal.
Z. All lots comply with this standard except for Lot
15, Block 2. A 20 foot front yard setback results on this lot due
to the placement of the existing home, location of the street,
expansion of the street to a 60' right -of -way to meet city
standards and inability to relocate the street without pushing
homes into a wetland. A 5 foot variance from the PUD standard is
required and we believe warranted under this situation.
AA. All lots shall meet the 90' frontage requirements. '
The applicant shall provide documentation demonstrating that final
plat lot dimensions and buildable areas are consistent with the
preliminary plat and meet or exceed city standards.
BB. Only the trees listed in Attachment #11 will be
permitted to be removed. All other trees shall be preserved and
protected with snow fence located at 11 times the drip line. Staff
has developed an understanding of which trees will be preserved.
The applicant shall demonstrate that plans have been developed in
conformance with this understanding.
CC. Staff supports a variance to the 8% street grade in
an effort to minimize grading limits and tree loss.
DD. The garage structure on Lot 15, Block 2 shall be
removed from the right -of -way in conjunction with site grading.
The new driveway to Lot 15, Block 2 shall be reviewed and approved
by City staff. The driveway shall be constructed with a bituminous
or concrete surface.
EE. Once final plat approval is granted the applicant
could be allowed to proceed with site grading as long as they enter
into a development contract with the City and provide the necessary
financial security to guarantee erosion control measures and site
restoration.
FF. The applicant shall work with City staff in grading '
the backyards along Galpin Boulevard to be compatible with the
future street grade of Galpin Boulevard.
GG. All erosion control fence along wetland areas shall
be Type III. The applicant shall be required to install erosion
control fence (Type I) 10 feet behind the curb immediately after
the streets are constructed with the first lift of asphalt surface
and after the boulevards have been backfilled to grade.
HH. The applicant shall be compensated by the City by a 1
reduction in the assessments to the development for construction of
the oversized watermain along Lots 1 and 2, Block 1 within the
development. The applicant will be compensated for the cost
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difference between an 8 -inch watermain versus the required 12 -inch
1 watermain.
II. The applicant agrees, in writing, that the plat
1 shall be assessed for the extension of trunk and lateral sanitary
sewer and watermains (upper Bluff Creek PH2A Project 91 -17B) over
the property. Said assessments shall be deemed adopted on the date
I this contract is signed by the city. The applicant /developer
waives any and all procedural and substantive objections to the
special assessment, including but not limited to hearing
requirements and any claim that the assessment exceeds the benefit
I to the property. The applicant /developer waives any appeal rights
otherwise available pursuant to M. S. A. §429.081."
1 9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 22, 1988, are
I attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN II
BY:
II
Donald J. Chmiel, Mayor
(SEAL)
AND: II
Don Ashworth, City Manager
II
DEVELOPER: TANDEM PROPERTIES
BY: II
Its
II
STATE OF MINNESOTA )
( ss. II 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.
II
NOTARY PUBLIC
STATE OF MINNESOTA ) II
( ss.
COUNTY OF )
II
The foregoing instrument was acknowledged before me this
day of , 19 , by
NOTARY PUBLIC
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DRAFTED BY:
II
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
II
Eagan, Minnesota 55121
(612) 452 -5000
II
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I CONSENT
fee owners of all or part of the subject property, the development
II 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
1 property owned by them.
Dated this day of , 19
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II
STATE OF MINNESOTA )
( ss.
1
COUNTY OF )
The foregoing instrument was acknowledged before me this
1 day of , 19 , .
II
NOTARY PUBLIC
1
II 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 1
DEVELOPMENT CONTRACT
(Developer Installed Improvements) ,
EXHIBIT "B"
GENERAL CONDITIONS 1
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
1
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 1
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
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1 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
1 unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
' completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
8. Clean up. The Developer shall maintain a neat and
' orderly work site and shall daily clean, on and off site, dirt and
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debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon ,
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
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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 1
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 ,
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 ,
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bark, are prohibited. The minimum tree size shall be two and
one -half (21) 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
supplement, but do not replace, specific landscaping conditions
that may have been required by the City Council for project
approval.
13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free at the time of planting. All 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 security acceptable to the City to secure the
warranties at the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an
' acceptable Grading, Drainage, Erosion Control, 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.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
' electricity for each light for twenty (20) months.
17. 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.
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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 (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
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.
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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.
' A. Construction Trailers. Placement of on -site
construction trailers and temporary job site offices shall be
' approved by the City Engineer as a part of the pre - construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
' by the City Engineer.
B. Postal Service. The Developer shall provide for the
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties. Third parties shall have no recourse
against the City under this Contract.
D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
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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
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. 1
GC -7
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L. Construction Hours. The normal construction hours
11 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
1 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
1 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.
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
1 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;
2. State of Minnesota, its agencies, departments
and commissions
3. United States Army Corps of Engineers;
GC -8
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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.
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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 department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot. '
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GC -9
CITY OF CHANHASSEN
1 TROTTERS RIDGE ADDITION
PROJECT NO. 93 -18
BREAKDOWN OF ADMINISTRATION FEES - 8/18/93
Estimated Total Cost of Public Improvements $613,500.00
- 3% of Public Improvement Costs (Under $500,000) $ 15,000.00
1 - 2% of Public Improvement Costs (Over $500,000) 2
$ 2,270.00
- Street Lighting Charge (For Electricity) 8 at $200 $ 1,600.00
- Final Plat Process (Attomey Fee for Review of Plat) $ 200.00
- Recording Fees
a. Development Contract $ 25.00
1 b. Plat $ 30.00
c. Trail Easements $ 25.00
TOTAL ADMINISTRATION FEES
19,150.00
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