1f 2 & 3 Approve Const Plans and specs for WillowRidge 2nd Addition I -r- c4. • -)
1 d CI TYOF
1 CHANHASSEN
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- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
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(612) 937 -1900 • FAX (612) 937 -5739 Acts by City Administrator
Endorsed IV Tt4..ii°
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Modif rd
MEMORANDUM Rejecte
I TO: Don Ashworth, City Manager Dote Submitted to Commission
FROM: Dave Hempel, Assistant City Engineer idgi( Date Submitted to Council
, 1 DATE: February 26, 1993 ' l
SUBJ: Approved Construction Plans and Specifications and Development Contract for
I WillowRidge 2nd Addition
Project No. 93 -4
1 At the February 22, 1993 City Council meeting, the applicant (Lundgren Brothers) requested this item be pulled
because of an unacceptable condition of approval. The condition related to requiring Lot 1, Block 1,
WillowRidge, which is not owned by Lundgren Brothers and is not a part of this development, be required to
I hook up to the City sewer and water system within one year per City ordinance. The applicant has brought up
a valid point with regards to being unable to require the property owner to hook up to the sewer and water
system. Since City ordinance does govern in this situation, staff is comfortable that this condition can be deleted
I from the Conditions of Approval for final plat as well as the development contract for WillowRidge 2nd
Addition.
Attached is a revised development contract which deletes the requirement for the property owner of Lot 1, Block
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1, WillowRidge (Ersbo resident) be required to connect to municipal sanitary sewer service within one year after
the utility improvements have been accepted by the City. The remaining conditions of approval have remained
the same. Therefore it is recommended that the development contract dated March 8, 1993 and the construction
I plans for WillowRidge 2nd Addition dated January 26, 1993, revised February 16, 1993, prepared by Sathre-
Bergquist, Inc., be approved conditioned upon the following:
I 1. The applicant shall enter into a development contract and supply the City with a cash escrow or letter
of credit in the amount of $221,600.00 and pay an administration fee of $6,895.00.
2. The project specifications shall adhere to the City's 1993 edition of Standard Specifications and Detail
1 Plates.
jms
I Attachments: Revised development contract dated March 8, 1993.
(Note: Construction plans were distributed with the last packet)
1 c: Mike Pflaum
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1 till. PRINTED ON RECYCLED PAPER
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CITY OF CHANHASSEN
PUD AGREEMENT /DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WILLOWRIDGE 2ND ADDITION
t SPECIAL PROVISIONS
1 AGREEMENT dated March 8 , 1993, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and
LUNDGREN BROS. CONSTRUCTION, INC. (the "Developer ").
1 1. Request for Plat Approval. The Developer has asked the
City to approve a plat for WILLOWRIDGE 2ND ADDITION (referred to in
this Contract as the "plat "). The land is legally described as
Outlots A, B, C, D and E, WILLOWRIDGE.
2. Conditions of Plat Approval. The City hereby approves
1 the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
' may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A- -Final Plat prepared by Sathre- Bergquist, Inc.
approved by the Chanhassen City Council on
February 22, 1993.
Plan B -- Grading, Drainage and Erosion Control Plan dated
1 February 21, 1992, Revised November 18, 1992,
prepared by Sathre - Bergquist, Inc.
Plan C- -Plans and Specifications for Public Improvements
dated January 26, 1993, Revised February 16,
1993, prepared by Sathre - Bergquist, Inc.
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4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System '
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
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
$ 221,600.00 . The amount of the security was calculated as 110%
of the following:
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Sanitary sewer $ 53,000
Watermain $ 35,190
On -site storm sewer $ 17,700
Streets $ 61,500
3 Street lights and traffic signage . . $ 1,100
Erosion control $ 500
Engineering, surveying, and inspection $ 18,300
Landscaping $ 3,000
Iron Monuments to delineate conservation
easement $ 1,200
Grading $ 10,000
TOTAL COST OF PUBLIC IMPROVEMENTS . . . $ 201,490 1
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.
1 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:
Lundgren Bros. Construction, Inc.
935 East Wayzata Boulevard
Wayzata, MN 55391
Telephone: (612) 473 -1231
1 Facsimile: (612) 473 -7401
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
1 specification review process).
A. The Developer shall have to enter into a PUD
Agreement containing all conditions of approval for Phase II and
shall submit all required financial guarantees. The PUD Agreement
shall be recorded against the property.
' B. C ompliance with setback standards established in the
Compliance Tabl
C. The Developer shall meet all conditions of
Subdivision #91 -9 and Wetland Alteration Permit #91 -4.
D. The sharp curves located in the loop street shall be
posted with 10 m.p.h. speed advisory signs and shall have "sharp
curve" signage. The Developer shall provide an added degree of
safety along the curve on Mulberry Circle adjacent to Lot 2, Block
3. Such alternatives would be to install a guard rail or other
acceptable means of preventing vehicles from sliding off the
street.
E. A revised landscaping plan shall be submitted
providing the following:
1. The berm and landscaping on Lot 4, Block 3 (per Willowridge
2nd) shall be extended to the edge of the wetland and the
westerly access area directly north of the proposed pond area
shall have increased landscaping to replace existing
vegetation that is being removed, if appropriate.
2. Three trees (2 hardwoods and 1 evergreen or ornamental) shall
be required per lot. (Credit for each tree over 6 increases
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in caliper on the lot shall be granted. For the lot, however,
a minimum of 1 tree per lot shall be provided.)
F. The Developer shall provide wood fiber blankets on 1
all slopes steeper than 3:1.
G. The Developer shall acquire all necessary agency
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permits.
H. The Developer shall provide full park and trail fees
in lieu of land dedication and trail construction.
I. Provide the following easements: ,
1. Conservation and drainage easements over all protected wetland
and ponding areas.
2. Access easements as required to service the "Walker ponds."
3. Conservation easements over all designated tree preservation
areas.
4. Provide a conservation easement over all established wetland
buffer areas. Such easements shall be marked with permanent
visible monuments and the location of such easements shall be
provided to city staff for approval.
5. A drainage and utility easement shall be dedicated on the
final plat over the easterly 15 feet of Lots 3 and 4, Block 2.
J. The Developer shall provide proper restrictions 1
(subject to city staff approval) on those lots having entrance
monuments and /or landscaping.
K. The developer be required to remove existing purple
loosestrife from the basin and to monitor those sites and sites
disturbed by construction for loosestrife invasion.
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L. All wetland areas will be protected during
construction by Type III erosion control. The erosion control
shall be maintained in good condition until the disturbed areas are
stabilized.
M. The proposed wetland setbacks and buffer strip shown '
in the compliance table for each lot will be recorded as part of
the PUD agreement. No wetland setback less than 40 feet will be
permitted and the buffer strip may not be less than 10 feet wide.
The buffer strip will be preserved by an easement.
N. Alteration to the wetlands must occur when it
results in the least impact to the wetland and not during the
migratory waterfowl breeding season.
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II 0. All boulder retaining wall improvements shall be
constructed outside the City's right -of -way. The Developer shall
1 notify property owners of their maintenance responsibility and
ownership of the boulder retaining wall by means of covenants and
verbiage in the chain of title.
I P. The Developer shall work with the City's Fire
Marshal in changing the street name (Mulberry Circle) to arrive at
an acceptable alternative.
II 9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 22, 1988, are
attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN
BY: 1
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
LUNDGREN BROS. CONSTRUCTION, INC.
BY: 1 Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this 1
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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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 .
' 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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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.
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2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract. ,
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
engineer inspect the work on a full or part - time basis. The
Developer shall instruct its engineer to respond to questions from
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
I 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. S 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. Bite Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan Plan B, shall be
' implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
' ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
' development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
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 biowabies, from streets and the surrounding area
that has resulted from construction work by the Developer, its
1 agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
• completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 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 (21/2) 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
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
11 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 1
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 t
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 1
improvements is over $1,000,000, two and
one -half percent (21/2%) of construction costs
for the first $1,000,000 and one and one -half
percent (11/2%) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
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
11 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. reach 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. puildina 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 1
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 1
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 i
any time thereafter any other right, power or remedy.
K. pssianability. The Developer may not assign this 1
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.
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L. Construction Hours. The normal construction hours
1 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.
1 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
1 occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
subdivision are accepted by the City. Warning signs shall be
placed by the Developer when hazards develop in streets to prevent
the public from traveling on same and directing attention to
detours. If streets become impassable, the City may order that
such streets shall be barricaded and closed. The Developer shall
maintain a smooth roadway surface and provide proper surface
' drainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the streets.
The City shall have complete discretion to approve or reject the
1 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
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.
I/ 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;
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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.
S. Soil Conditions. The Developer acknowledges that i
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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CITY OF CHANHASSEN
WILLOWRIDGE 2ND ADDITION
PROJECT NO. 93-4
' BREAKDOWN OF ADMINISTRATION FEES - 2/17/93
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1 Estimated Total Cost of Public Improvements $201,490.00
- 3% of Public Improvement Costs (Under $500,000) $ 6,045.00
' - Street Lighting Charge (for electricty)
3 C $200 $ 600.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) $ 200.00
' - Recording Fees
a. Development Contract $ 20.00
1 b. Plat Filing $ 30.00
TOTAL ADMINISTRATION FEES $ 6.895.
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