1b-2 Windmill run Site Grading 1
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CITYOF
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
I
TO: Charles Folch, City Engineer
1 FROM: Dave Hempel, Assistant City Engineer /�,;, `
DATE: June 10, 1993
1 SUBJ: Approve Development Contract for Site Grading for Windmill Run
Project No. 93 -3
1 The applicant, Rottlund Homes, Inc., has requested the City grant them approval for site grading in conjunction
with the final plat approval process. The construction plans for this development are in the process of being
1 prepared and finalized. The applicant is requesting to get a head start on the site grading and to facilitate the
City's trunk sewer and water improvements proposed through this parcel. The attached development contract
includes specific conditions of approval from the final platting process. The final plat will not be recorded until
1 the final construction plans and specifications for public utility and street improvements are submitted and
approved by the City. In addition, the attached development contract must be fully executed.
The amount of security being required at this time is far below what normally would be required for this project.
I This, again, is due because only the site grading aspect of the project is being granted at this time. No additional
site improvements will be allowed without the final plat being recorded. Once the final construction plans and
specifications are approved by the City, the applicant will be required to submit to the City the additional
I 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 City will issue one building permit for a model home adjacent to a hard - surfaced street
1 but the certificate of occupancy and sewer and water hook -up will not be issued until utilities are fully tested and
accepted by the City and the street (Brinker) is paved with a bituminous surface.
It is recommended that the attached development contract for Windmill Run, Project No. 93 -3, be approved
I subject to the applicant entering into the development contract and supplying the City with the necessary financial
security in the amount of $30,525.
OFFiCIAL ENGINEERING Copy
1 ktm
Received
Attachments: 1. Development Contract dated June 14, 1993. Revision N
2. Proposed grading plan dated April 23, 1993.
I Approved by City Engineer
c: Don Jensen, Rottlund Homes, Inc. Date
I NOTE: Please leave your copy of the plans in the Council Chambers for staff to pick u .Counaii
Date
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1 Ity 4: PRINTED ON RECYCLED PAPER
11 CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WINDMILL RUN
' SPECIAL PROVISIONS
' AGREEMENT dated June 14 , 1993, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
and THE ROTTLUND COMPANY, INC., a Minnesota corporation (the
"Developer ").
1. Request for Plat Approval. The Developer has asked the
' City to approve a plat for WINDMILL RUN (referred to in this
Contract as the "plat "). The land is legally described on the
attached Exhibit "A ".
' 2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. The plans may be prepared, subject to
' City approval, after entering the Contract, but before commencement
of any work in the plat, except for site grading as defined herein.
If the plans vary from the written terms of this Contract, the
1 written terms shall control. The plans are:
Plan A- -Final Plat prepared by Pioneer Engineering,
1 Inc., approved by the Chanhassen City Council on
June 14, 1993.
Plan B-- Windmill Run Grading and Erosion Control Plan
' dated April 23, 1993, prepared by Pioneer
Engineering, Inc.
' Plan C- -Plans and Specifications for Improvements
prepared by Pioneering Engineering, Inc.
1 Plan D -- Landscaping Plan prepared by Pioneer Engineering,
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
L. Trails and Sidewalks
M. Landscaping
N. Auxiliary Turn Lanes on Galpin Blvd. (C.R. 117)
5. Time of Performance. The Developer shall install all
required 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.
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
110% of the cost of constructing the following improvements as
determined by the City:
Sanitary sewer
Watermain
Auxiliary Turn Lanes on Galpin Blvd. (C.R. 117)
On -site storm sewer
Streets
Street lights and signs
Erosion control
Engineering, surveying, and inspection
Landscaping
Site Grading
Trails and Sidewalks
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
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reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
' accepted by the City.
7. 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:
' The Rottlund Company, Inc.
Attn: Mr. Don Jensen
5201 East River Road
' Suite 301
Fridley, MN 55421
' 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,
1 Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
A. The water quality /retention pond proposed in the
southwest corner of the development shall be increased to provide
a wet volume of 1.2 acre /feet. In addition, an outlet restricting
flows shall be limited to 4.5 cfs at the high water level. Provide
pond storage for contributing drainage areas from Royal Oak
Estates.
1 B. The applicant shall pay into the City's Surface
Water Management Program for future downstream water quality
' improvements. The specific amount will be determined by the City's
storm water consultant.
C. The applicant shall pay the appropriate storm water
' trunk fee to be determined by the City's storm water management
consultant to contribute towards the future extension of storm
sewer downstream. In the future, this development will be required
to pay its fair share on the trunk storm sewer facilities.
D. All street and utility improvements shall be
' constructed in accordance with the City's 1993 edition of Standard
Specifications and Detail Plates. Street construction shall also
include a drain tile system behind the curb to accommodate
household sump pump discharge.
E. The applicant shall submit storm drainage and
ponding calculations verifying the pipe sizing and pond volumes.
' The storm sewer shall be designed and constructed to handle 10 -year
storm events. Retention ponds shall be constructed to NURP
standards as well as maintain the surface water discharge rate from
the subdivision at predeveloped runoff conditions for a 100 -year
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24 -hour storm event. Drainage plans shall be consistent with the
City of Chanhassen's Best Management Practice Handbook.
F. The applicant shall apply for and obtain all 1
necessary permits from the regulatory agencies such as the MPCA,
Health Department, Watershed District, DNR and Carver County
Highway Department.
G. Prior to the City signing the final plat, the
applicant shall enter into a development contract with the City and
provide the necessary financial security to guarantee construction
of the public improvements and compliance of the conditions of
approval. The development contract will be subject to City Council
approval.
H. The applicant shall provide at a minimum a right
turn lane along County Road 117 and any other improvements required '
by the Carver County Highway Department.
I. Both temporary cul -de -sacs that are proposed for
future extension shall be provided with a turnaround that meets
City standards with a barricade and signage stating that it is a
temporary cul -de -sac and this road will be extended in the future.
A turnaround that meets city standards with a barricade and signage
stating that it is a temporary cul-de-sac and this road will be
extended in the future shall be installed on Windmill Drive south
of Brinker Drive. '
J. The preliminary plat approval shall be subject to
the City Council ordering the public improvement project No. 92 -5
for the trunk sanitary sewer and water improvements through the
development.
K. The applicant shall dedicate the necessary drainage ,
and utility easement for the extension of the trunk sanitary sewer
and possible storm sewer over Lot 1, Block 1. The applicant shall
grant the city the necessary easements to extend trunk watermain
service through the parcel at no cost to the city. In addition,
the applicant shall grade the site to be compatible with the city's
proposed watermain grades. '
L. Lot grades throughout the development shall not
exceed 3:1 slopes.
M. The applicant shall dedicate temporary street
easements for those areas of the temporary cul -de -sacs outside the
dedicated right -of -way. '
N. Indicate lowest floor elevations and garage floor
elevations for each house pad on the grading plan.
0. Submit details on corrected pads including
compaction tests, limits of the pad and elevations of excavations
to the Inspections Division. A general soils report for the
development should also be submitted to the Inspections Division.
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11 P. A ten foot clear space must be maintained around
fire hydrants, i.e. street lamps, trees, shrubs, NSP and
Northwestern Bell, cable boxes, pursuant to city ordinance.
Q. The applicant shall submit an amended landscaping
plan which provides landscape species recommended by staff. A
' landscaped soil berm shall also be included subject to staff
review.
R. Meet conditions of the Park and Recreation
Commission.
S. Drainage easements must be granted for the pond
located in the southwest corner and other temporary ponding areas
as necessary.
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:
Donald J. Chmiel, Mayor
(SEAL)
AND: '
Don Ashworth, City Manager
DEVELOPER:
THE ROTTLUND COMPANY, INC. ,
BY: ' Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this '
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
1
day of , 19 , by
i
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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11 CONSENT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
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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r Nom= mom mom am Ns am Nom am am
KNOW ALL MEN BY THESE PRESENTS: That the Rottlund Company, Inc., a Minnesota corporation, fee owner and Premier Bank, a Minnesota corporation, ST:
mortgagee, of the following described property situated in the County of Carver. State of Minnesota, to wit: CO!
That part of the Southwest Quarter of Section 10, township 116, Range 23, described as follows: Commencing at the West Quarter corner of
said Section 10; thence on an assumed bearing of South 89 degrees 20 minutes 05 seconds East. along the north line of said Southwest Quarter
of Section 10, a distance of 1355.09 feet; thence continuing South 89 degrees 20 minutes 05 seconds East. along said north line of the
Southwest Quarter of Section 10. a distance of 1284.68 feet to the center of said Section 10; thence South 2 degrees 04 minutes 21 seconds CHc
East, along the east line of said Southwest Quarter of Section 10, a distance of 433.50 feet to the point of beginning of the tract to be
described; thence continuing South 2 degrees 04 minutes 21 seconds East, along said east line of the Southwest Quarter of Section 10, a Thi
distance of 552.53 feet to a point 1622.81 feet north of the northerly right -of -way line of Trunk Highway No. 5. as measured along said east di
line of the Southwest Quarter of Section 10; thence North 89 degrees 20 minutes 05 seconds West, on a line parallel to said north line of mo,
the Southwest Quarter of Section 10, a distance of 1416.95 feet to a point on a curve, the center of circle of said curve bears North 82
Q degrees 24 minutes 20 seconds West. from said point; thence Northerly, along said curve having a central angle of 0 degrees 52 minutes 40
seconds, a radius of 3452.34 feet. a distance of 52.89 feet; thence North 6 degrees 43 minutes 00 seconds East. along tangent, a distance of C1
395.40 feet; thence Northerly. along a tangential curve concave to the West. having a central angle of 1 degree 01 minute 10 seconds, a
radius of 5994.82 feet, a distance of 106.66 feet; thence South 89 degrees 20 minutes 05 seconds East. on a line parallel to said north line
= of the Southwest Quarter of Section 10, not tangent to said curve, a distance of 1332.60 feet to the point of beginning.
X Have caused the same to be surveyed and platted as WINDMILL RUN and do hereby donate and dedicate to the public for public use forever the drive.
street. courts and also dedicating to the public the easements as shown on this plat for drainage and utility purposes only. In witness whereof COt
W said The Rottlund Company, Inc.. a Minnesota corporation, has caused these presents to be signed by its proper officer this day of
19 , Pu.
SIGNED: THE ROTTLUNO COMPANY. INC.
8Y: its co!
1;
STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of . 19 . by 0a;
— .COUNTY OF its . of The Rottlund Company. Inc., a Minnesota corporation, on behalf of the corporation.
11 CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
EXHIBIT "B"
' GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted,
' the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
' following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
' 3) the plat has been recorded with the County Recorder's Office of
the county where the plat is located; and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Grading. Within the plat or land to be platted, the
Developer may do the grading in accordance with the 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 $30,525.00 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
engineer furnished to the City and approved by the City Engineer.
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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
his engineer shall schedule a preconstruction meeting at a mutually
agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the
construction work. Within sixty (60) days after the completion of
the improvements and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of
reproducible Mylar as -built plans, (2) two complete sets of blue
line as -built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5)
location stationing and swing ties of all utility stubs, (6) bench
mark network, and (7) a 200 scale and a 500 scale reproducible
Mylar copy of the plat.
6. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed. ,
7. 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.
8. 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
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I 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
o rderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
' 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
1 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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Maples Ash IF
Linden Basswood
Green Ash Birch
Honey Locust Ginko (male only)
Hackberry Kentucky Coffee Tree
Oak
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (21) 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.
14. 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.
15. 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.
16. Assessments. Any existing or pending assessments against 1
the property will be re- spread against the plat in accordance with
City standards.
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
installation. Before the City signs the final plat, the Developer
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il 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
I 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
1 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
1 such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
I of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
II i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
II ii) if the cost of the construction of public
improvements is between $500,000 and
I $1,000,000, three percent (3 %) of construction
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
II iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (21/2%) of construction costs
I for the first $1,000,000 and one and one -half
percent (12 %) of construction costs over
$1,000,000.
1 Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
II 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.
I 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 required construction inspections.
I 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.
II 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
I 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, IF
including attorneys' fees.
D. In addition to the administrative fee, the Developer 1
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.
GC -6 1
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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
1 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 ene building permit 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.
111 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
1 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
1 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.
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
1 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
11 GC -7
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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. Assignability. The Developer may not assign this i
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. 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.
GC -8
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11 P. Variances. By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
' for variances from the City's ordinances.
Q. Compliance with Laws, Ordinances, and Regulations.
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
' 2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
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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GC -9