1h. Dev Contract for Deer Ridge Project 92-18 II CITY OF i --k„
11 0 CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
�r (612) 937-1900 •FAX (612) 937-5739 A by an Administtstos
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MEMORANDUM lteiected_,___:-
Dete 1
I TO: Charles Folch, City Engineer Date Submitted to Commission
Dete Submitted to Council
FROM: Dave Hempel, Assistant City Engineer t�� __
1 DATE: June 7, 1993
I SUBJ: Approve Development Contract and Construction Plans and Specifications for
Deer Ridge in the City of Shorewood - Project No. 92 -18
I On April 12, 1993 the Chanhassen City Council approved the agreement (Exhibit C) for
providing utility and street services to Deer Ridge with the condition that staff be instructed
I to approach the Shorewood City Council and request their consideration of a friendly
deannexation /annexation process for the most southerly lot in Deer Ridge. It is my
understanding that City Manager Don Ashworth has received an executed agreement from
I the City of Shorewood for this to happen.
The attached development contract incorporates the conditions of approval for the extension
I of Chanhassen utilities and street service to Deer Ridge. Construction costs for the public
improvements has been estimated. The required financial security to guarantee compliance
with the terms of the development contract have been computed at $54,365 and the
development contract administration fees total $1,733.
I The applicant has also submitted detailed construction plans and specifications for staff
review and City Council approval. Staff has reviewed the construction plans and
specifications and finds them in general conformance with City standards. Specifications
I are available for review in the Engineering Department.
It is therefore recommended that the construction plans and specifications for Deer Ridge
I dated April 30, 1993, revised June 7, 1993, prepared by Sathre - Bergquist, Inc. and the
development contract dated June 14, 1993 be approved conditioned upon the following:
I 1. The applicant shall enter into the development contract and supply the City with a
cash escrow or letter of credit in the amount of $54,365 and pay an administration
fee of $1,733.
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1 �ai4 PRINTED ON RECYCLED PAPER
Charles Folch
June 7, 1993
Page 2
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2. The applicant shall enter into a agreement with the cities of Shorewood and
1 Chanhassen for providing utility and street service to Deer Ridge.
3. The applicant shall be responsible for payment of their share of the storm water
1 review performed by the City's storm water management consultant, Bonestroo,
Rosene, Anderlik & Associates. The applicant's share of review fee is $257.40.
1 4. The applicant shall also be responsible for the City Attorney's fees involved in
preparation and recording of the agreement for the extension of utility and street
service to Deer Ridge.
5. In lieu of constructing an on -site storm water quality and the developer shall
g q tYP pond, P
1 dedicate a $3,000 cash contribution into the City of Chanhassen's Surface Water
Management Fund.
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Attachments: 1. Development Contract.
' 2. Construction Plans and Specifications. Please leave your copy
of the plans in the Council Chambers for staff to collect after
the City Council meeting.
1 c: Jeff Williams, J. Scotty Builders
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OFFKG ' Et4G-INEERJ COPY
' �ce�ved
Revision No . -
improved by City ^ ngine r
Dat G- $ -' 3
Ta byCounct
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CITY OF CHANHASSEN
DEER RIDGE
PROJECT NO. 92 -18
BREAKDOWN OF ADMINISTRATION FEES - 6/7/93
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Estimated Total Cost of Public Improvements $49,425.00
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- 3% of Public Improvement Costs (Under $500,000) $ 1,483.00
- Street Lighting Charge (for electricty)
1 @ $200 $ 200.00
- Recording And Review Fees ,
a. Development Contract $ 50.00
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TOTAL ADMINISTRATION FEES $ 1,733.04 '
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
DEER RIDGE
1 SPECIAL PROVISIONS
' AGREEMENT dated June 14 , 1993, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
and J. SCOTTY BUILDERS (the "Developer ").
1 1. Request for Plat Approval. The Developer has asked the
City to approve a plat for DEER RIDGE, located in Hennepin County
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' (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 of Shorewood, as
one of its conditions for plat approval, has required the Developer
to provide the City of Shorewood with written evidence of the City
of Chanhassen's willingness to provide sanitary sewer and watermain
' service to the plat. Similarly, the City of Shorewood has declared
that it has not objection to the City of Chanhassen providing said
service.
1 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 prepared by Sathre - Bergquist, Inc., Wayzata,
Minnesota
Plan B -- Grading, Drainage and Erosion Control Plan dated
April 30, 1993, revised June 7, 1993, prepared by
1 Sathre - Bergquist, Inc.
Plan C -- Construction Plans and Specifications for
Improvements dated April 30, 1993, revised
June 7, 1993, prepared by Sathre - Bergquist, Inc.
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4. Improvements. The Developer shall install and pay for IF
the following:
A. Sanitary Sewer System 1
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 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.
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
$ 54,365.00 . The amount of the security was calculated as
110% of the following:
Sanitary sewer $ 18,300.00
Watermain $ 13,375.00
On -site storm sewer $ 7,000.00
Grading and Restoration $ 5,000.00
Street lights and signs $ 350.00
Erosion control $ 900.00
Engineering, surveying, and inspection $ 4,500.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . $ 49,425.00
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
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.
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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:
J. Scotty Builders
Attn: Jeff Williams
80 West 78th Street, Suite 255
Chanhassen, MN 55317
Telephone: (612) 949 -4909
i 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 Developer shall enter into an agreement with the
' cities of Shorewood and Chanhassen for providing utility and street
service to Deer Ridge Project No. 92 -18. A copy of the executed
agreement shall be attached hereto as Exhibit "C ".
' B. In lieu of constructing an on -site storm water
quality pond, the Developer shall dedicate a $3,000.00 cash
contribution into the City of Chanhassen's Surface Water Management
' Fund.
C. The maximum number of lots that may be developed on
the property is five (5).
9. General Conditions. The general conditions of this
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 II
BY: 1
Donald J. Chmiel, Mayor
(SEAL)
AND: I
Don Ashworth, City Manager
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DEVELOPER: J. SCOTTY BUILDERS
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BY:
Its
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STATE OF MINNESOTA ) I
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
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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 II the authority granted by its City Council.
NOTARY PUBLIC II
STATE OF MINNESOTA )
( ss. 1
COUNTY OF )
The foregoing instrument was acknowledged before me this I
day of , 19 , by
NOTARY PUBLIC ,
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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
t 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 )
' COUNTY OF ( ss. )
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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TUN - 7-9 3 1 1 5 : 4 5 S A T H R E- E E R G Q U I ST , I N C . P_ e 2
05 10/93 14:45 a 612 445 0319 KO1{LRUSCH F1 BST P.05
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CONTINUATION I
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File No. AT -1952A Policy No. AT -1952A
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EXHIBIT "A"
The South 540.00 feet of th at part of Lot x.24, Auditor's Subdivision 11
No, 120, Hennepin County, Minnesota described as follows: beginning
at a point on the South line of said Lot, 180 feet East of the I
Southwest corner thereof; thence East 228 feet to the Southeast corner
of said Lot; thence deflecting to the left 90 degrees 29 minutes 27
seconds, Northerly, along the East line of said Lot, a distance of 860 ,
feet; thence deflecting to the left 95 degrees 38 minutes 26 seconds
Westerly, a distance of 336 feet; thence deflecting to the left 85
degrees 07 minutes 10 seconds Southerly, a distance of 98 feet; thence II deflecting to the left 25 degrees 45 minutes 58 seconds Southeasterly,
a distance of 69 feet; thence deflecting to the right 25 degrees 25
minutes 34 seconds Southerly, a distance of 122 feet; thence
deflecting to the left 86 degrees 15 minutes 30 seconds Easterly, a II
distance of 72 feet; thence deflecting to the right 87 degrees 21
minutes 29 seconds Southerly, a distance of 540 feet to the point of
beginning.
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ALSO:
That part of Lot 124, Auditor's Subdivision NO. 120, described as: II
The West 180 feet of the South 465 feet of said Lot 124, Auditor's
Subdivision No. 120, Hennepin County, Minnesota.
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TOGETHER WITH a perpetual easement for roadway purposes for ingress
and egress, over, under and across the Westerly 50 feet of Lot 4,
Block 1, Terera Acres, according to the duly recorded plat thereof on II
file and of record in the office of the County Recorder in and for the
County of Carver, State of Minnesota.
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
1 (Developer Installed Improvements)
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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.
1 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.
1 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
1 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 1
agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the
construction work. Within sixty (60) days after the completion of
the improvements and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of
reproducible Mylar as -built plans, (2) two complete sets of blue
line as -built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5)
location stationing and swing ties of all utility stubs, (6) bench
mark network, and (7) a 200 scale and a 500 scale reproducible
Mylar copy of the plat.
5. Iron Monuments. Before the security for the completion 1
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
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debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
' 9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
' required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
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. Not applicable.
12. Landscaping. Not applicable.
13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
' period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free at the time of planting. All trees
' shall be warranted for twelve (12) months from the time of
planting. The Developer or his contractor(s) shall post a letter
of credit or other security acceptable to the City to secure the
warranties at the time of final acceptance.
14. Lot Plans. Not applicable
' 15. Existing Assessments. Not applicable.
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
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installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Street Signs. All street name and traffic signs required
by the City as a part of the public improvements shall be furnished ,
and installed by the City at the sole expense of the Developer.
18. House Pads. Not applicable. 1
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in ,
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public '
improvements is less than $500,000, three
percent (3 %) of construction costs;
ii) if the cost of the construction of public '
improvements is between $500,000 and
$1,000,000, three percent (3 %) of construction
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
iii) if the cost of the construction of public ,
improvements is over $1,000,000, two and
one -half percent (22 %) of construction costs
for the first $1,000,000 and one and one -half
percent (12 %) 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
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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
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.
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D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits may be issued
for constructing homes in the plat but no sewer and /or water hook-
up permits will be issued until sanitary sewer, watermain, and
storm sewer have been installed, tested, and accepted by the City,
and the streets needed for access have been paved with a bituminous
surface.
G. Waivers /Amendments. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and maintain
until six (6) months after the City has accepted the public '
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $200,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies. Each right, power or remedy herein '
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
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herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this
' Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction Hours. The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 p.m. on
' weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
' City Council approval. Under emergency conditions, this limitation
may be waived by the consent of the City Engineer.
' Any approved work performed after dark shall be adequately
illuminated.
' M. Access. All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
subdivision are accepted by the City of Shorewood. 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.
1 P. Variances. Not applicable.
GC -7
1
Q. Compliance with Laws, Ordinances, and Regulations.
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions; ,
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
R. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
S. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City. 1
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.
1
GC -8 1
EXHIBIT 'C' ..
AGREEMENT
This Agreement, made this day of , 1993, by
and between the City of Shorewood, a Minnesota municipal
' corporation ( "Shorewood "), the City of Chanhassen, a Minnesota
municipal corporation, ( "Chanhassen ") and J. Scotty Builders,
Inc., ( "Developer ").
WHEREAS, the Developer is the owner of certain lands
described in Exhibit 1 attached hereto and made a part hereof,
' ( "Subject Property ");
WHEREAS, the Developer has made application to Shorewood for
approval of a subdivision of the Subject Property;
WHEREAS, the Developer and Shorewood have requested that
Chanhassen P rovide sewer and water services to the Subject
' Property. Chanhassen has agreed to permit the Subject Property
to connect to Chanhassen's sewer and water system, all subject to
' certain terms and conditions.
NOW, THEREFORE, in consideration of the foregoing premises
' and approval by Shorewood of the proposed subdivision, Shorewood,
' the Developer and Chanhassen agree as follows:
1. Services Provided. Sanitary sewer, storm sewer and
' water services to the Subject Property shall be provided and
maintained by Chanhassen, and Chanhassen shall directly bill the
Shorewood residents for the services. Included in the service
' charges will be a surface water utility fee. Shorewood agrees to
promptly certify the fees as a tax against the property if the
' fees are not paid when due.
2. Utility lines. The Developer shall be responsible for
the construction of all utility lines in accordance with
Chanhassen's latest edition of Standard Construction
14:46 12612 452 5550 CAMPBELL KN1 SON 444 CHAN. CITY HALL Q1003/006
;,.._ Ir
Specifications. The plans and specifications must be reviewed IF
and approved by Chanhassen. The Developer shall enter into a
development contract with Chanhassen and provide the financial II
security necessary to guarantee installation of the improvements. 1
3. Construction and Maintenance. The Developer shall be
responsible for
all construction costs incurred in connecting the II
Subject Property with the Chanhassen sewer line. The Developer II shall be responsible for costs of inspection, trunk charges,
sewer availability charges, connection charges, user charges, and
II
all other charges and fees which are normally associated with
sewer service provided rovided by Chanhassen. 1
4. Right to Proceed. Within the plat or land to be II the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets,
II
utilities, public or private improvements, or any buildings until
the Developer's plans for on -site ponding have been approved by
II
Chanhassen. Shorewood shall be responsible for the maintenance
and dredging of the pond. II
5. park Dedication. Chanhassen will not require a park
II
dedication fee on the Subject Property.
6. $treat Construct ^ ion. A new street will be built by '
Developer in a manner consistent with Chanhassen street
standards. The proposed street location is attached as 1
Exhibit 2. The Developer shall enter into a development contract
with Chanhassen and Shorewood covering all aspects of street II
construction as well as drainage improvements for the Subject
II
Property. II
2 1
7. Public Safety and Emergency Services. Public safety
and emergency services for the Subject Property will continue to
be provided by Shorewood.
' 8. Assessments. Each of the lots in the Subject Property
shall be considered as benefitting from and subject to all
' assessments for improvements which may be made to Koehnen Circle
at any time in the future. The Developer, its successors and
assigns, waives any and all procedural and substantive objections
' to be special assessments, including but not limited to hearing
requirements and any claim that the assessments exceed the
' benefit to the property. The Developer waives any appeal rights
1 available pursuant to M.S.A. §429.081. If Chanhassen is unable
to assess the Subject Property, or any part thereof, upon
Chanhassen's request, Shorewood shall assess the Subject
Property.
9. Snowplowing. Shorewood shall be responsible for
snowplowing Koehnen Circle and the new street.
10. Maintenance of New Street. Chanhassen shall maintain
Koehnen Circle and the new utilities serving the Subject
Property. Shorewood shall maintain the new street. "Maintain"
for purposes of this section means repair and replacement of the
existing surface when necessary, as well as regular upkeep.
11. Maximum Number of Lots. The maximum number of lots
that may be developed on the Subject Property is five (5).
12. Recordation. This Agreement shall be recorded against
the Subject Property.
13. Sunset Provision. If the Developer has not obtained
all the necessary plan approvals from Chanhassen within two (2)
3
s.
{f= t 1.
=s
4.
years from the date of this Agreement, this Agreement shall be IF
null and void.
IN WITNESS WHEREOF, the parties hereto have caused these
present to be executed on the day and year first above written. 1
Dated: CITY OF CHANHASSEN
By:
1
Donald J. Chmiel, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1993, by Donald J. Chmiel, on behalf of
the City of Chanhassen. 1
Notary Public
Dated: CITY OF CHANHASSEN
By: 1
Don Ashworth, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1993, by Don Ashworth, on behalf of the
City of Chanhassen.
Notary Public 1
Dated: CITY OF SHOREWOOD 1
By:
, Mayor
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1993, by , on 1
behalf of the City of Shorewood.
Notary Public 1
4
x '
0
AMMW
Dated: CITY OF SHOREWOOD
1
By: .
City Clerk
STATE OF MINNESOTA )
' ) ss .
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
' day of , 1993, by , on
behalf of the City of Shorewood.
1 Notary Public
1 Developer: J. Scotty Builders, Inc.
1
By:
Its:
STATE OF MINNESOTA )
' )
COUNTY OF DAKOTA ) ss.
The foregoing instrument was acknowledged before me this
1 day of , 199, by , on
behalf of J. Scotty Builders, Inc.
1 Notary Public
1
1 THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
1 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
1
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