1e-1&2 Approve Dev contract and Const Plans and Specs for Stone Creek First Addition 1 000
C ITYOF ........................._.....
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1 CHANHASSEN'
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
Action by City Admlnistnnor
II MEMORANDUM Endorsed �`
Modified
Rejected
1 TO: Don Ashworth, City Manager ate submitted to - Cc mission
FROM: Dave Hempel, Assistant City Engineer 4184,_ Dote sitmitted to coma
1 DATE: March 1, 1993
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1 SUBJ: Approve Development Contract and Construction Plans and Specifications for
Stone Creek First Addition - Project No. 92 -9
On February 22, 1993 the City Council approved the fin 1 plat of ry ty a p t o Stone Creek First
I Addition subject to conditions. The attached development contract incorporates the
conditions of approval for final platting and the construction plan and specification approval
process. Construction costs for the public improvements including park land dedication have
I been estimated. The required financial security to guarantee compliance with the terms of
the development contract have been computed at $539,165.00 and the development contract
administration fee totals $10,994.00.
1 The developer's engineer, Charles Plowe, has submitted detailed construction plans for the
street and utility improvements in Stone Creek First Addition. Staff has reviewed the plans
I and finds them in general conformance with the City's standards. Therefore, it is
recommended that the construction plans for street and utility construction of Stone Creek
First Addition dated June 6, 1992, revised February 26, 1993, prepared by Charles Plowe
I Engineering, Inc. and the development contract dated March 8, 1993 for Stone Creek First
Addition, Project No. 92 -9 be approved.
1 ktm
Attachments: 1. Construction plans (specifications are available for review in the
1 Engineering Department. Please leave your copy of the plans
in the Council chambers for staff to collect after the meeting).
2. Development Contract.
I c: Hans Hagen, Hans Hagen Homes
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1 isie PRINTED ON RECYCLED PAPER
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1 CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT
(Developer Installed Improvements)
STONE CREEK FIRST ADDITION
1 SPECIAL PROVISIONS
' AGREEMENT dated March 8 , 1993, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
and HANS HAGEN HOMES, INC. (the "Developer ").
' 1. Request for Plat Approval. The Developer has asked the
City 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 ".
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 - -Plat approved by the City Council on February 22,
1993, prepared by E. G. Rud & Sons, Inc.
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
June 6, 1992, revised February 26, 1993 prepared
' by Charles W. Plowe, Consulting Engineer and
approved by the City Council on March 8, 1993.
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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. County Road 117 Acceleration & Deceleration Lanes
5. Time of Performance. The Developer shall install all
required 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.
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
$539,165.00. The amount of the security was calculated as 110% of
the following:
Sanitary sewer $ 37,000.00
Watermain $ 30,000.00
On -site storm sewer $ 28,000.00
Streets $ 89,500.00
Street lights and signs $ 1,150.00
Erosion control $ 4,500.00
Engineering, surveying, and inspection $ 30,000.00
Landscaping $ 23,000.00
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 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
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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:
' HANS HAGEN HOMES, INC.
Suite 300
941 NE Hillwind Road
' Fridley, MN 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
' 8. 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.
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
1 this phase.
C. The applicant shall convey to the city a temporary
' easement for the temporary cul -de -sac at the end of Boulder Road
and Stone Creek Drive. In addition, a sign shall be installed on
the barricades stating that the streets (Boulder Road and Stone
Creek) will be extended in the future.
D. The applicant shall receive and comply with all
pertinent agency permits, i.e. Watershed Districts, Health
Department, MWCC, etc.
E. A deceleration an acceleration lane on northbound
County Road 19 shall be provided along with a bypass turn lane 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 bypass lane,
the developer will be required to construct said bypass lane.
F. A permit from the railroad (Twin City Western) will ,
be required for any grading or construction activity within the
railroad right -of -way.
G. The proposed earth berm along County Road 19 shall
be reduced or relocated easterly to provide adequate room for
future trail considerations.
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H. All areas disturbed during site grading shall be
immediately restored with seed and disc - mulched or wood -fiber
blanket within two weeks of site grading on or before November 15,
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 credit for any trunk
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.
J. The applicant shall meet the conditions of the
Rezoning #92 - 2 and the Wetland Alteration Permit #92 -3.
K. If after three 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 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 plat.
2. Lots adjacent to ponding areas shall have a lowest floor
elevation a minimum of 3 feet above the pond high water
level.
3. Relocate the emergency overflow proposed on the west pond 11 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. '
9. General Conditions. The general conditions of this
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Contract, approved by the City Council on February 22, 1988, are
1 attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN
BY: 1
Donald J. Chmiel, Mayor
(SEAL) 1
AND:
Don Ashworth, City Manager
DEVELOPER:
BY:
Its
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STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this '
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC 1
STATE OF MINNESOTA )
( ss. ,
COUNTY OF
The foregoing instrument was acknowledged before me this ,
day of , 19 , by
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 1
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I
11 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.
Dated this day of , 19
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' STATE OF MINNESOTA )
( ss.
COUNTY OF
' The foregoing instrument was acknowledged before me this
day of , 19 ,
•
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
' & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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EXHIBIT "A" . 1
PROPERTY DESCRIPTION
That part of the Southwest Quarter of the Southwest Quarter of Section 15, Township 116, Range 23, Carver County
Minnesota, described as commencing at the Southeast corner of said Southwest Quarter of the Southwest Quarter of Section
15; thence on an assumed bearing of South 89 degrees 59 minutes 58 seconds West along the south line of said Southwest
Quarter of the Southwest Quarter of Section 15 a distance of 514.42 feet to the point of beginning of the land to b
described; thence North 11 degrees 03 minutes 10 seconds East 178.93 feet; thence North 78 degrees 59 minutes 48 second
West 27.48 feet; thence North 11 degrees 03 minutes 10 seconds East 259.54 feet; thence North 37 degrees 35 minutes 5
seconds West 293.20 feet; thence North 8 degrees 36 minutes 51 seconds West 230.82 feet; thence westerly 179.04 feet
along a non - tangential curve concave to the south having a radius of 421.40 feet, a central angle of 24 degrees 20
minutes 36 seconds and a chord bearing of South 87 degrees 31 minutes 12 seconds West; thence South 75 degrees 2
minutes 54 seconds West and tangent to said curve 106.00 feet; thence southwesterly 177.71 feet along a tangential cury
concave to the southeast having a radius of 839.18 feet and a central angle of 12 degrees 08 minutes 00 seconds; thenc
Southwesterly 20.95 feet along a reverse curve.having a radius of 526.71 feet and a central angle of 02 degrees 1
minutes 44 seconds; thence North 12 degrees 27 minutes-06 seconds West and-not-tangent to said reverse curve 234.87
feet; thence South 78 degrees 42 minutes 54 seconds West 159.43 feet to the centerline of County State Aid Highway No
117; thence southerly along said centerline 59.73 feet along a non - tangential curve concave to the east having a radiu
of 2933.21 feet, a central angle of 1 degree 10 minutes 00 seconds and a chord bearing South 11 degrees 52 minutes 0
seconds East; thence South 12 degrees 27 minutes 06 seconds East along said centerline and tangent to said curve
distance of 605.83 feet; thence southerly along said centerline a distance of 184.78 feet along a tangential curve
concave to the west having a radius of 310.60 feet and a central angle of 34 degrees 05 minutes 10 seconds; thence Sout degrees 38 minutes 04 seconds West and tangent to said curve 45.41 feet to the intersection of said centerline wit
the centerline of County State Aid Highway No. 18; thence southeasterly along the centerline of County State Aid Highwa
No. 18 a distance of 214.30 feet along a non - tangential curve concave to the southwest having a radius of 818.51 - feet,
central angle of 15 degrees 00 minutes 04 seconds and a chord bearing of South 57 degrees 41 minutes 42 seconds East to
the south line of said Southwest Quarter of the Southwest Quarter of Section 15; thence North 89 degrees 59 minutes 58
seconds East along said south line 536.02 feet to the point of beginning.
That part of the Northwest Quarter of Section 22, Township 116, Range 23, Carver County, Minnesota which lies easterl
of the center line of County State Aid Highway No. 18 and northerly of a line parallel with and 65.00 feet northwesterly
of the center line of the east bound main track of the Chicago, Milwaukee, St. Paul and Pacific Railroad, except the
following described Parcels:
That part of the Northwest Quarter of Section 22, Township 116, Range 23, Carver County, Minnesota, described aII
beginning at the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 22; thence on
an assumed bearing of South 89 degrees 59 minutes 58 seconds West along the north line of said Northwest Quarter a
distance of 514.42 feet; thence South 11 degrees 03 minutes 10 seconds West 45.90 feet; thence South 78 degrees 5
minutes 50 seconds East 375.95 feet to a line 65 feet northwesterly of and parallel with the centerline of the eas
bound main track of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence North 56 degrees 03 minutes 1
seconds East along said parallel line 209.75 feet to the north line of said Northwest Quarter; thence South 8
degrees 59 minutes 58 seconds West 19.76 feet along said north line tc the point of beginning.
That part of the Northwest Quarter of_Section 22, Township 116, Range 23, Carver County, Minnesota, described a
commencing at the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 22; thence o
an assumed bearing of South 89 degrees 59 minutes 58 seconds west along the north line of said Northwest Quarter
distance of 514.42 feet; thence South 11 degrees 03 minutes 10 seconds West 45.90 feet to the point of beginning;
thence North 78 degrees 56 minutes 50 seconds West 118.96 feet; thence South 56 degrees 03 minutes 10 seconds West
295.59 feet to the centerline of County State Aid Highway No. 18; thence South 32 degrees 58 minutes 18 second
East along said centerline a distance of 350 feet to a line 65 feet northerly of and parallel with the centerlin
of the east bound main track of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence North 56 degrees 0
minutes 12 seconds East along said parallel line 651.51 feet to its intersection with a line that bears South 78
degrees 56 minutes 50 seconds East from the point of beginning; thence North 78 degrees 56 minutes 50 seconds West
375.95 feet to the point of beginning.
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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
11 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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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. 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.
6. 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 I/ beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
7. 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.
8. Acceptance and Ownership of Improvements. Upon 1
completion and acceptance by the City of the work and construction
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required by this Contract, the improvements lying within public
I 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.
' 9. 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.
10. 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.
11. 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
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
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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.
12. 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. ,
13. 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.
14. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
15. 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.
16. 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.
17. Survey Monuments. Iron monuments shall be set on the
outside boundary lines of the plat before the final plat is
recorded. All interior iron monuments shall be set within one year
after recording the plat. Lots may not be sold and building
permits may not be issued for lots, until the monuments for said
lots have been set. When all monuments have been set, the
Developer shall have a Minnesota Registered Land Surveyor certify
this in writing to the County Recorder with copies to the City
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Engineer and County Surveyor. The Developer shall furnish the City
adequate security, as determined by the City Engineer, to guarantee
compliance with the provisions of this paragraph.
18. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
ii) if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3 %) of construction
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2; %) of construction costs
for the first $1,000,000 and one and one -half
percent (1; %) of construction costs over
$1,000,000.
' 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.
11 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
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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.
19. 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.
20. 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.
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, 1
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. 1
GC -6 1
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.
1 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 ever ri power and remed
I herein set forth or otherwise so existin ma 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.
GC -7
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.
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. 1
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.
I/
The City shall have complete discretion to approve or reject the
request. The City shall not be responsible for reshaping or damage
to the street base or utilities because of snow plowing operations.
The provision of City snow plowing service does not constitute
final acceptance of the streets by the City.
0. Soil Treatment Systems. If soil treatment systems 1
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 t
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
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.
GC -8 1
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.
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GC -9
•
CITY OF CHANHASSEN
STONE CREEK FIRST ADDITION
PROJECT NO. 92 -9
1
BREAKDOWN OF ADMINISTRATION FEES - 2/26/93
1
Estimated Total Cost of Public Improvements $330,150.00 ,
- 3% of Public Improvement Costs (Under $500,000) $ 9,904.00
- Street Lighting Charge (for electricty).
4 @ $200 $ 800.00 1
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) $ 200.00 1
- Recording Fees
a. Development Contract $ 20.00
b. Plat Filing $ 30.00
C. Easements $ 40.00
1
TOTAL ADMINISTRATION FEES $ 10,994.00 1
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CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1
MEMORANDUM
1 TO: Hans Hagen, President, Hans Hagen Homes
FROM: Todd Hoffman, Park and Recreation Director
' DATE: March 3, 1993
SUBJ: Letter of Understanding, Stone Creek
1 Parkland
In regard to park fees and parkland dedication, 8.6 acres of park property will be conveyed to
the city at the time the phase adjacent to the park is platted. The park's configuration shall
match Attachment #1, the preliminary plat of Stone Creek. Full park fee credit shall be given
' in consideration for this conveyance. The security of $160,000 in this regard is valid.
Trails
In regard to trail fees, trail easements, and trail construction, Hans Hagen Homes shall be
responsible for the construction of the following 8 -ft. wide bituminous trail segments as indicated
1 on Attachment #l:
Segment A: To be constructed along the entire westerly border of the project.
Segment B: To connect Stone Creek Court to Timberwood Drive.
Segment C: To connect Timberwood Drive to Boulder Road.
All easements and /or conveyances of lands necessary to accommodate these trails as part of the
public domain shall be provided by the applicant.
Trails shall be staked by the applicant prior to construction, allowing a visual inspection of the
r trail alignment to be conducted by the city. Trails shall be constructed per the city's standard
to, PRINTED ON RECYCLED PAPER
MAR -04 -199: 07:48 FROM HANS HAGEN HOMES TO 9375739 F.01 1
FROM Oi7Y or ORAMMOSSEN 03.03.1993 1012? P. 3
Mr. Hans Hagen
March 3, 1993
Page 2
specifications which are attached. In consideration for these actions, the applicant shall be
granted full trail foe credit for Stone Creek.
Acknowledged; Aldsommli 1
s 4 „_, ' "'' r 4 e Homes 3/3)
pc; Dave Hempel, Assistant a gin-
Kate Aanenson, Sensor Tanner
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