1g. Dev Contract for Grading, Chan Bus Ctr Phase I Project 93-1 CITYOF _i_j___
1 i \ CHANHASSEN
1 \ w
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
7.- (612) 937 -1900 • FAX (612) 937 -5739
1 Tp‘ Ms II al9
lkilned—S/
I MEMORANDUM -----
bi
Deb ected 6' — E. A S
TO: Charles Folch, City Engineer Moe Submitted to Comm.ssion
1 FROM: Dave Hempel, Assistant City Engineer Sub mitted to
r ty II ! Came"
.. ( N
1 DATE: June 7, 1993
I SUBJ: Approve Development Contract for Site Grading for Chanhassen Business
Center (Phase I) - Project No. 93 -1
1 This item was previously pulled from the May 24, 1993 City Council agenda as requested
by the developer. Staff has since worked with the applicant in revising language in the
I development contract and PUD agreement. The negotiated changes to the development
contract /PUD agreement have been denoted in bold letters on the attached document.
I On January 10, 1993 the City Council approved the final plat of Chanhassen Business
Center (CBC) with numerous conditions of approval. One of the conditions of approval was
to enter into a PUD /Development Agreement with the City. The attached development
I contract includes those specific conditions of approval that apply to this phase. The
applicant has been working with City staff in an effort to expedite site grading to facilitate
the construction schedule of the weather bureau site (Lot 1, Block 2) prior to recording of
I the final plat. The final plat will not be recorded until final construction plans and
specifications for the public utility and street improvements are submitted and approved by
the City. In addition, the attached development contract must be fully executed. It is staffs
1 understanding that final construction plans and specifications are being prepared and will
be submitted shortly.
1 As you will notice in the development contract, the amount of financial security being
required at this time is far short of that typically required. This is because only the site
grading aspect of the project is being pursued at this time. No additional site improvements
I will be allowed without the final plat being recorded. Once the final construction plans and
specifications are submitted and approved the applicant will be required to submit to the
I City the additional financial security to guarantee installation of the public improvements
as well as compliance with the conditions of approval of the final plat. Without the final
plat being recorded the City cannot issue building permits. Once the plat is recorded the
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tot PRINTED ON RECYCLED PAPER
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.1
Charles Folch
June 7, 1993
Page 2
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City will issue building permits (assuming approval of the site plans) for the church on Lot
' 1, Block 1 and the Weather Bureau site (Lot 1, Block 2) but the certificate of occupancy for
the Weather Bureau will not be issued until the utilities are fully tested and accepted by the
City and the street (Lake Drive West) is paved with a bituminous surface. Temporary
' access to the Weather Bureau site will be allowed off Audubon Road. Staff has reviewed
and calculated the financial security to guarantee site restoration and maintain erosion
control measures over Phase I of the grading plan. Should the scope of grading increase to
' the future grading sites along the north side of Lake Drive West, the developer shall make
a formal request for administrative approval and the financial security amount will be
increased accordingly.
' Therefore, it is recommended that the attached Development Contract /PUD Agreement
for Chanhassen Business Center -Phase I Project No. 93 -1 be approved subject to the
following conditions:
1. The grading plan shall be revised as follows:
a. Meandering berms not to exceed 4 feet shall be placed within the required
g p eq ed
' buffer strips along Audubon Road but not over the City's utility lines.
2. The applicant shall supply the City with the required financial security in the amount
' of $65,000.
3. Should the scope of grading increase to include the outlot along the north side of
' Lake Drive West, the developer shall make a formal request for administrative
approval and the financial security amount will be increased accordingly.
1 ktm
Attachments: 1. Development Contract /PUD Agreement.
' 2. Proposed grading plan* dated May 14, 1993, Revised May 26,
1993.
c: John Dietrich, RLK Associates
*NOTE: Please leave your copy of the plans in the Council Chambers for staff to pick up
' after the meeting..
pFF►CIAL ENGINEERING COPY
Received
' Revision No
Appr oved by C'►tY nOinOiat
w\
' Date �
Approved by City Council
Date
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT /PUD AGREEMENT
CHANHASSEN BUSINESS CENTER - PHASE I 1
SPECIAL PROVISIONS
AGREEMENT dated , 19 , by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
and AUDUBON 92 PARTNERSHIP, a Minnesota general partnership (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for CHANHASSEN BUSINESS CENTER (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. 1
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. The plans may be prepared, subject to
City approval, after entering the Contract, but before commencement
of any work in the plat, except for the Phase I site grading as
defined hereing. 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 Egan, Field & Nowak, Inc.,
approved by the Chanhassen City Council on
January 11, 1993.
Plan B -- Chanhassen Business Center Grading and Erosion 1
Control Plan dated May 14, 1993, revised May 34
26, 1993, prepared by RLK Associates, Ltd.
Plan C- -Plans and Specifications for Improvements 1
prepared by RLK Associates, Ltd.
Plan D -- Landscaping Plan dated October 21. 1991, prepared 1
by RLK Associates, Ltd.
Plan E -- 1
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II 4. Improvements. The Developer shall install and pay for
t he following:
I A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
Streets
I D.
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
I H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
II J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Trails and Sidewalks
M. Landscaping
I N. Prorated share of Traffic Signals @ TH 5 and
Audubon Road
II 5. Time of Performance. The Developer shall install all
r equired improvements in Phase I by October 31, 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.
111 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
1100 of the cost of constructing the following improvements as
determined by the City:
I Sanitary sewer
Watermain
I Prorated sharc of Traffic Signal3 @ TII 5 and Audubon Road
On -site storm sewer
Streets
I Street lights and signs
Erosion control
Engineering, surveying, and inspection
Landscaping
1 Site Grading
Trails and Sidewalks
II 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
I 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
1 draw it down. If the security is drawn down, the draw shall be
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used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
7. Notices. 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:
Audubon 92 Partnership
15241 Creekside Court
Eden Prairie, MN 55346 = '
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 driveway to Lot 1, Block 1 shall be
perpendicular to Audubon Road.
B. Submittal of an acceptable site plan in compliance
with the development standards /guidelines established for this PUD.
C. The following easements and right -of -way shall be
provided: '
1. 20 -foot wide drainage and utility easements
over the proposed sewer and water lines
outside the road right -of -way.
2. Trail and conservation easements over all
buffer yards, Outlot A, and sidewalk
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connection from Lake Drive West to city trail.
3. Drainage and utility easements over the Bluff
Creek flood plain and all retention basins. A
temporary ponding easement shall be dedicated.
4. The radius on the curbs at all street
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intersections Audubon Road shall be 30 feet.
D. The applicant shall provide the City Engineering
Department with updated grading and drainage plans including storm
sewer and ponding calculations for Phase I and the overall
development designed for a 10 -year storm event and ponding
calculations to show that the ponds will retain a 100 -year storm
event and will discharge at the pre - development runoff rate.
Permanent ponding areas in Phase II shall meet or exceed the city's
1 water quality standards. The permanent ponding areas (Phase II)
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shall be built to "NURP" standards. Design standards shall be
submitted for A temporary retention pond for Phase I and shall be
created on Lot G Outlot 'C" until Phase II is developed. •
E. If only Phase I of the site is graded, erosion
control fence shall be incorporated along the perimeter of the
construction limits. Type I erosion control fence shall be
installed and maintained along the entire westerly perimeter of
Phase I construction limits. Phase II construction will require the
perimeter of the construction limits shall be Type III erosion
control. All areas disturbed during site grading shall be
' immediately restored with seed and disc mulched, sod or wood -fiber
blanket within two weeks of site grading or before November 15,
1993, except in areas where utilities and streets will be
constructed yet that year. Areas disturbed with a slope of 3:1 or
greater must be restored with sod or wood -fiber blanket. As a part
of the erosion control measures, the applicant shall be required to
remove any materials (sediment) that enter into Bluff Creek.
F. The proposed watermain loop shown between Lots 8 and
9, Block 1 of the preliminary plat dated October 21, 1991 shall be
extended to the southerly property line of the development with
Phase I.
G. The developer shall construct the utility and street
improvements in accordance with the latest edition of the city's
standard specifications and shall prepare final plans and
specifications and submit for city approval. A 6 foot wide
concrete sidewalk /trail shall be included along one side of Lake
Drive West (Phase I and Phase II). The developer shall acquire
utility construction
y permission /permits from the PCA and Minnesota
' Department of Health.
H. The developer shall obtain all necessary permits
from the Watershed District, DNR and Army Corps of Engineers and
comply with all conditions of the permits. Drainage plans shall be
revised as outlined in the approved staff report and shall be
resubmitted to City staff for approval. The applicant shall obtain
' permission /permit from the railroad authority for all grading
activities within the railroad property.
I. The developer shall incorporate street lights into
the street construction plans. The street lights should be
installed at 150 to 200 foot intervals. The street lights shall be
designed consistent with existing lighting on Audubon Road. A 250-
, watt contemporary low- profile rectilinear - rectangular style
lighting fixture with pressure lamps mounted on a 25 -foot high
cortin steel pole. Three street lights shall be installed with
Phase I and the remainder of the lights shall be installed with
Phase II. Location of the three lights will be determined by the
City.
1 J. The entire tract of land development (Lot 1, Block
1 and Lot 1, Block 2 and Outlots A, B, C and D) shall be assessed
for the Upper Bluff Creek Trunk Sewer and Water Improvement Project
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over the development will be on an area basis. Area assessments
associated with Lot 1, Block 2 will then be redistributed again
over the outlots.
K. The installation of traffic signals at the
intersection of Trunk Highway 5 and Audubon Road is expected to be
necessary in the next few years. The developer shall be
responsible for a share of the local cost participation of this
signal on a percentage basis based upon traffic generation from
full development of this site in relation to the total traffic
volume on Audubon Road. Security to guarantee payment of the
developer's share of the traffic signal for both Phases I and II
will be required with Phase II construction.
L. •• ___ _ • Park
dedication ($2,500.00 /acre) and trail fees ($833.00 /acre) in the
development contract shall be paid in accordance with Section 12 of
the General Conditions (Exhibit "B "). No development shall occur
on Outlot A as it shall be preserved as open space.
M. The recreation trail shall be located along the '
north side of Lake Drive West. The trail shall be a 6' wide
concrete walk along Lake Drive West and 8' wide bituminous trail
along the sewer easement and stubbing to the Railroad underpass in
Outlot A. The recreation trail shall also loop from Outlot A along
the southern property line up along Audubon Road and to tie into
Lake Drive West. This trail (see exhibit for trail route) shall
have bituminous surface and be 8' in width.
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N. The developer shall be responsible for maintaining
the storm sewers or retention ponds until both phases of the
development are "built out."
O. The trail system shall loop, using the utility
easement along to the storm water retention pond. ,
P. Temporary ponding improvements in Phase I are
limited to 3 years. At that point final otrcct, utility and
drainage improvements must be installed. Surety shall be provided
to ensure timely completion of these improvements.
Q. A temporary ponding easement should shall be
conveyed to the City for the interim ponding basin proposed over
Outlot C. The temporary ponding easement shall be maintained until
the permanent ponding basin is constructed with Phase II and
accepted by the City.
R. The applicant shall be responsible for the extension
of Lake Drive West to the westerly lot line of Lot 1, Block 2. A
temporary street easement for the cul -de -sac shall be dedicated to
the City until the second phase street improvements have been
completed and accepted by the City.
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S. The applicant should be aware that City 'Council is
considering approval of the final plat at this time, however, final
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review and approval of the construction plans and specifications
may or may not require additional modifications to easements or
road right -of -way on the final plat. Staff is recommending that
' the City Council grant staff the ability to administratively
approve any modifications necessary in conjunction with the review
and approval of the plans and specifications.
' T. The applicant shall provide the City, for review and
approval, updated grading and drainage plans including storm sewer
and ponding calculations for Phase I and the overall development.
U. The development standards, as proposed by staff in
the November 18, 1991, staff report, shall be incorporated into the
' PUD development guide for the Business Center.
V. Site plan approval from the city, as outlined in the
City Zoning Code, will need to be obtained for each lot as
' development is proposed.
W. The permitted uses in this zone shall be limited to
I light industrial, warehousing, ar4 offices and one (1) church to be
located on Lot 1, Block 1 as defined in the PUD ordinance and in
the November 18, 1991, staff report. Truck transfer terminals
shall be prohibited from this project.
X. All parcels located along Audubon Road shall be
designed to look like an office building including such design
' elements as scale, height, and material components for office
buildings.
' Y. Building materials and designs shall be:
1. All materials shall be of high quality and
durable. Masonry material shall be used.
Color shall be introduced through colored
block or panels and not painted block.
2. Brick may be used and must be approved to
assure uniformity.
1 3. Block shall have a weathered face or be
polished, fluted, or broken face.
' 4. Concrete may be poured in place, tilt -up or
pre -cast, and shall be finished in stone,
textured or coated.
' 5. Metal siding will not be approved except as
support material to one of the above materials
or curtain wall on office components, or as
' trim, or as HVAC screen.
6. All accessory structures shall be designed to
be compatible with the primary structure.
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7. All roof mounted equipment shall be screened
by walls of compatible appearing material.
Wood screen fences are prohibited. All
exterior process machinery, tanks, etc., are 11 to be fully screened by compatible materials.
8. Large unadorned walls shall be prohibited.
All walls shall be given added architectural
interest through building design or
appropriate landscaping.
9. Space for recycling shall be provided in the 1
interior of all principal structures for all
developments in the Business Center.
Z. All freestanding signs be limited to monument signs.
The sign shall not exceed eighty (80) square feet in sign display
area nor be greater than eight (8) feet in height.
1. Each property shall be allowed one monument
sign located near the driveway into the
private site.
2. All signs require a separate permit. r
3. The signage will have consistency throughout
the development. A common theme will be
introduced at the development's entrance
monument and will be used throughout.
4. Consistency in signage shall relate to color, 1
size, materials, and heights.
5. The applicant shall provide staff with an '
acceptable sign package for incorporation into
the PUD agreement.(with the development of
Phase I.)
AA. The street lights should be designed consistent with
the existing lighting along Audubon Road.
1. A decorative, shoe box fixture (high pressure
sodium vapor lamps) with a square ornamental
pole shall be used throughout the development
area for area lighting.
2. Lighting equipment similar to what is mounted
in the public street right -of -ways shall be
used in the private areas.
3. All light fixtures shall be shielded. Light 1
level should be no more than candle at the
property line. Street lighting is excluded
from this requirement.
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BB. Each lot shall submit a separate landscaping plan as
a part of site plan review. In addition, all site landscaping and
screening shall:
1 1. All open spaces and non - parking lot surfaces
shall be landscaped, rockscaped, or covered
with plantings and /or lawn material.
2. Storage of material outdoors is prohibited
unless it has been approved under site plan
' review. All approved outdoor storage must be
screened with masonry fences and /or
landscaping.
' 3. The master landscape plan for the - CBC PUD
shall be the design guide for all of the
specific site landscape developments. Each
lot must present a landscape plan for
approval with the site plan review process.
4. Undulating or angular berms 3' to 4' in
height, south of Lake Drive along Audubon Road
shall be sodded at the conclusion of Phase I
grading and utility construction. The
' required buffer landscaping may be installed
incrementally, but it shall be required where
it is deemed necessary to screen any proposed
development.
5. Loading areas shall be screened from public
right -of -ways. Wing wall may be required
' where deemed appropriate.
CC. The two potential stockpile areas located on Outlot
' C shall be limited to 5 feet in height along the northwesterly side
of the site and 12 feet in height along the southeasterly corner of
the site. Both stockpile areas shall be seeded and mulched upon
completion of the site grading to minimize erosion.
DD. Hauling material off the site, if necessary, shall
be coordinated with City staff to designate haul routes.
9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 22, 1988, are
attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN 1
BY:
I
Donald J. Chmiel, Mayor
(SEAL)
AND:
II
Don Ashworth, City Manager
II
DEVELOPER: AUDUBON 92 PARTNERSHIP
BY: II
Its
STATE OF MINNESOTA ) II
( ss.
COUNTY OF CARVER ) I
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by II 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 )
The foregoing instrument was acknowledged before me this I
day of , 19 , by
II
NOTARY PUBLIC
II
II
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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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 .
1
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 1
DEVELOPMENT CONTRACT
(Developer Installed Improvements) ,
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, 11 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. Grading. Within the plat or land to be platted, the
Developer may do the Phase I grading in accordance with the Phase
I Site Grading Plan attached hereto before the plat is recorded
with the County and before the entire required security has been
furnished the City. Grading may commence subject to the following
conditions: 1) this agreement has been fully executed by both
parties and filed with the City Clerk, and 2) a cash escrow or
other security acceptable to the City of $65,000.00 has been
furnished to the City.
3. 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.
4. 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.
5. 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
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11 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
II 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
II 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
I 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
II 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
11 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.
6. Iron Monuments. Before the security for the completion
II 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.
7. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
I plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
I 8. Site Erosion Control. Before the site is rough graded,
a nd before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
I 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
I 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
I 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
I 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
II 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
I unless the plat is in full compliance with the erosion control
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requirements. Erosion control needs to be maintained until 1
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. 1
9. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including biowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
10. 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.
11. 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.
12. Park and Trail Dedication. In conjunction with the
issuance of building permits for construction within the plat, the
property owner for each lot, 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.
13. 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:
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11 Maples Ash
Linden Basswood
Green Ash Birch
Honey Locust Ginko (male only)
I Hackberry Kentucky Coffee Tree
Oak
I 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
I 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
II 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
II 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.
II 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
I 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
II that may have been required by the City Council for project
approval.
14. Warranty. The Developer warrants all work required to be
II 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
I 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
II warranties at the time of final acceptance.
15. Lot Plans. Prior to the issuance of building permits, an
I 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
I plan shall assure that drainage is maintained away from buildings
and that tree removal is consistent with City Ordinance.
16. Assessments. Any existing or pending assessments against
I the property will be re- spread against the plat in accordance with
City standards.
I 17. 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
I installation. Before the City signs the final plat, the Developer
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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.
18. 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.
19. Responsibility for Costs. 1
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 1
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; 1
iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2h %) 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
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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 rc3idcnt required 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. 1
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
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which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
' shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
' construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
' (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
' the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
' a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
' other remedies, assess the cost in whole or in part.
21. Miscellaneous.
' 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.
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E. Severability. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be
issued until the plat is recorded and the sanitary sewer,
watermain, and storm sewer improvements have been installed,
tested, and accepted by the City, and the streets needed for access
have been paved with a bituminous surface. Once the plat is
recorded, the City may issue ere building perstit permits if the lot
is adjacent to Audubon Road and access to the site meets the City
Fire Marshal's conditions for ingress and egress at all times.
However, no Certificate of Occupancy for Lot 1, Block 2 will be
issued until the City has formally accepted the public utility
improvements and Lake Drive West is 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
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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. Assicmability. 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
1 plat, or any part of it.
L. Construction Hours. The normal construction hours
' under this contract shall be from 7:00 a.m. to 7:00 p.m. on
weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction
' or dewatering purposes beyond the normal working hours will require
City Council approval. Under emergency conditions, this limitation
may be waived by the consent of the City Engineer.
II 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
' occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
subdivision are accepted by the City. Warning signs shall be
placed by the Developer when hazards develop in streets to prevent
the public from traveling on same and directing attention to
' detours. If streets become impassable, the City may order that
such streets shall be barricaded and closed. The Developer shall
maintain a smooth roadway surface and provide proper surface
' drainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the streets.
The City shall have complete discretion to approve or reject the
' request. The City shall not be responsible for reshaping or damage
to the street base or utilities because of snow plowing operations.
The provision of City snow plowing service does not constitute
final acceptance of the streets by the City.
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.
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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 Rectulations. 1
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
R. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
S. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
T. Soil Correction. The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist.
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