1c-2 Oak Ponds Dev Contract 1 CITYOF --_.
i , , CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
\f' >'. (612) 937 -1900 • FAX (612) 937 -5739
I >'N
MEMORANDUM
1 TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer
1 DATE: June 9, 1993
I SUBJ: Approve Development Contract and Construction Plans and Specifications for Oak Ponds
Project No. 93 -9
I The attached development contract /PUD agreement incorporates the conditions of approval from the fmal
platting and construction plans and specifications review process. Staff has calculated the required fmancial
security to guarantee compliance with the terms of the development contract /PUD agreement at $320,815.00
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and the development contract administration fees total $9,605.00.
The applicant has also submitted detailed construction plans and specifications for staff review and City Council
I approval. Staff has reviewed the construction plans and specifications and find the specifications are in general
conformance to the City standards; however, the construction plans still need some modifications. Staff that
requests the City Council grant staff the flexibility to administratively approve the plans after working with the
I applicant's engineer in modifying the plans accordingly to meet City standards. It is therefore recommended that
the construction plans and specifications for Oak Ponds dated May 15, 1993 prepared by Meadowood
Engineering, Inc. and the development contract dated June 14, 1993 be approved conditioned upon the following:
1 1. The applicant enter into the development contract /PUD agreement and supply the City with a cash
escrow or letter of credit in the amount of $320,815.00 and pay an administration fee of $9,605.00.
I 2. The applicant's engineer shall work with City staff in revising the construction plans to meet City
standards.
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Attachments: 1. Development contract dated June 14, 1993.
2. Construction plans. Please leave you copy of the construction plans in the Council
I Chambers for staff to collect after the meeting. Specifications are available for review
in the Engineering Department.
c: D ean Johnson ' ENGINEERING COPY
1 moved
Revision No.
1 Approved by City Engineer
Date : 9 -93
1 Approved by City Council
Data _ .,
1 « PRINTED ON RECYCLED PAPER
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CITY OF CHANHASSEN
PUD AGREEMENT /DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
OAK PONDS
1 SPECIAL PROVISIONS
' AGREEMENT dated June 14 , 1993, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
and DEAN R. JOHNSON CONSTRUCTION CO. (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for OAK PONDS (referred to in this Contract
as the "plat "). The land is legally described on the attached
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Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
' 3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
' Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
1 Plan A - -Plat prepared by Hedlund Planning, Engineering &
Surveying and approved by the Chanhassen City
' Council on June 14, 1993.
Plan B -- Grading, Drainage and Erosion Control Plan dated
May 15, 1993, Revised June 14, 1993, prepared by
Meadowood Engineering, Inc.
Plan C- -Plans and Specifications for Improvements dated
May 15, 1993, Revised June 14, 1993, prepared by
Meadowood Engineering Inc.
1 Plan D -- Landscape plan dated April 7, 1993, prepared by
Kay Halla, Reg. #21610
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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 and Sidewalks
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 15, 1994. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$ 320,815.00 . The amount of the security was calculated as
110% of the following:
Sanitary sewer $ 18,800.00 '
Watermain $ 31,900.00
On -site storm sewer $ 70,000.00
Street improvements $ 46,300.00
Street lights and signs $ 1,000.00
Erosion control and site restoration . $ 22,150.00
Engineering, surveying, and inspection $ 19,000.00
Landscaping $ 10,000.00
Site grading $ 60,000.00
Auxiliary turn lanes on Powers Boulevard $ 12.500.00 '
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 291,650.00
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
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II the original amount until all improvements are complete and
accepted by the City.
I 7. Notice. Required notices to the Developer shall be in
w riting, 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:
I Dean R. Johnson Construction Co.
Attn: Mr. Dean R. Johnson
I 8984 Zachary Lane
Maple Grove, MN 55369
Telephone: (612) 420 -4589
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
I 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.
II 8. Other Special Conditions.
- A. A "No Parking" restriction shall be designated along
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the entire north side of Oak Pond Road. Appropriate "No Parking"
restrictions /signs shall be placed on the private service drives
and northerly side of Oak Pond Road. A "No Parking" resolution
' should be adopted by the City Council restricting parking along the
entire north side of Santa Vera Drive. Appropriate "No Parking"
restrictions /signs shall also be placed on the private service
I drives.
B. The grading and drainage plan shall be in accordance
with the City's Best Management Practice Handbook.
I C. Park and trail dedication fees shall be paid in lieu
of park land dedication, to be paid at the time of building
1 application.
D. Fencing shall be placed around the oak trees to
I minimize impact during construction. Protected trees lost due to
construction must be replaced on a caliper inch basis in accordance
with a plan approved by staff.
E. A maximum of a 20 -foot manicured area shall be
maintained along the north, east and west property limits.
Anything beyond shall be left in a natural (non - maintenance) state.
1 F. Compliance with the Fire Marshal's conditions as
shown in his memorandum dated October 21, 1992.
1 G. The applicant shall enter into a PUD agreement and
development contract and submit the necessary financial securities.
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H. The color of brick and vinyl siding shall be grays
and browns.
I. Compliance with conditions of preliminary plat and
wetland alteration permit No. 92 -11.
J. The applicant shall enter into a development
contract with the City and provide the City with the necessary 1
financial security to guarantee proper installation of the public
improvements and compliance with the conditions of approval for
final plat. '
K. The applicant shall obtain and comply with the
appropriate permitting agencies, i.e. Watershed District, MPCA,
Health Department, MWCC and Carver County.
L. The developer shall construct the public utility and
street improvements within the right -of -ways or easements to City
standards and dedicate upon completion and acceptance to the City
for permanent ownership and maintenance responsibilities. The
remaining utilities outside the easement and right -of -way shall be
privately owned and maintained by a homeowners association. Final
site plans and construction plans and specifications for the public
improvements shall be modified in accordance to staff
recommendations.
M. The applicant shall be responsible for reimbursing
the City for construction of the auxiliary turn lanes along Powers
Boulevard at Santa Vera Drive. The estimated cost of the turn
lanes is $12,500.
N. Compliance with conditions of site plan, rezoning ,
and wetland alteration permit.
0. The applicant shall grant a conservation easement to
the City over the wetlands on the parcel.
P. Construction of the sedimentation basin shall limit
disruption to above the 939 contour adjacent the wetlands.
Q. The applicant shall provide the city's storm water
management fund with a cash contribution in the amount of $18,600
in lieu of providing on -site water quality improvements.
R. The applicant shall provide the city with a
temporary easement for the portion of the cul -de -sac which extends
outside the dedicated right -of -way for Santa Vera Drive.
S. The applicant shall submit to the city for review '
and approval haul routes for the exporting of material from the
site.
T. The applicant shall post a 2' x 3' sign on the
barricade at the end of the cul -de -sac indicating "This street will
be extended in the future." ,
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II U. If a 5 foot wide sidewalk is constructed along Santa
Vera, the applicant shall be responsible for snow plowing. If a 6
foot wide sidewalk is constructed, an additional 4 foot wide
II sidewalk /trail easement shall be dedicated to the city.
V. The final plat shall be revised as follows:
II 1. Delete blanket drainage and utility easement
over Outlot A and replace with a 10 foot wide drainage and utility
I easement around and parallel the perimeter lot lines of Outlot A.
2. Provide a drainage and utility easement 10 feet
wide lying northerly and southerly parallel to Santa Vera Drive.
II 3. On Sheet 2 of the plat, change "see detail
Sheet 2 of 2" to "see detail Sheet 1 of 2."
II 4. All wetlands shall be denoted on final plat
mylars.
_ , W. The applicant shall reimburse the city for storm
water reviews performed by Bonestroo and Associates on this
project. The unpaid balance at this time is $3,916.16.
1 X. The applicant shall pay subdivision fees of $1,120
before the plat is recorded.
9. General Conditions. The g eneral 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
IF
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND: 1
Don Ashworth, City Manager
DEVELOPER:
DEAN R. JOHNSON CONSTRUCTION CO. '
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. 1
NOTARY PUBLIC '
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by
1
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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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 )
I COUNTY OF ( ss. )
The foregoing instrument was acknowledged before me this
day of , 19 ,
•
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NOTARY PUBLIC
1
' DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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EXHIBIT "A"
IF
LEGAL DESCRIPTION
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All that part of Outlot B, SADDLEBROOK, according to the record
plat thereof and Outlot B, WEST VILLAGE HEIGHTS, according to the II record plat thereof.
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
' 1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's Office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
' dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
' contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
' The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
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 IF
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
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 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 blowabies, 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. Prior to the issuance of
building permits for residential construction within the plat, the
Developer, its successors or assigns, shall pay to the City the
' park and trail dedication fees then in force pursuant to Chanhassen
City Ordinances and City Council resolutions.
12. Landscaping. Landscaping shall be in accordance to the
approved landscaping Plan D. 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.
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These requirements supplement, but do not replace, specific
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landscaping conditions that may have been required by the City
Council for project approval.
13. Warranty. The Developer warrants all work required to be 1
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. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control, and Tree Removal
Plan shall be submitted for each lot as required in the Special
Provisions, for review and approval by the City Engineer. Each
plan shall assure that drainage is maintained away from buildings
and that tree removal is consistent with City Ordinance.
15. Existing Assessments. Any existing or pending 1
assessments against the plat will be re- spread against the plat in
accordance with City standards. 1
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Street Signs. All street name and traffic signs required
by the City as a part of the public improvements shall be furnished
and installed by the City at the sole expense of the Developer.
18. House Pads. The Developer shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
fill on any house pad location.
19. Responsibility for Costs. '
A. The Developer shall pay an administrative fee in
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:
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i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
1 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 (21/2%) of construction costs
' for the first $1,000,000 and one and one -half
percent (11/2%) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
' upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
' B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
accordance with Article 17E of this Agreement.
' C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
' approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
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
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( "SAC "), City water connection charges, City sewer connection
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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
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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.
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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. II
A. Construction Trailers. Placement of on -site II 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
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the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service. The Developer shall provide for the II
maintenance of postal service in accordance with the local
Postmaster's request.
II 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 II
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
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the remaining portion of this Contract.
F. Building Permits. Building permits will not be
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issued for constructing homes in the plat until sanitary sewer,
watermain, and storm sewer have been installed, tested, and
accepted by the City, and the streets needed for access have been
paved with a bituminous surface.
G. Waivers /Amendments. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
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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
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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
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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
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
GC -7
F
CITY OF CHANHASSEN
OAK PONDS (PHASE I)
PROJECT NO. 93 -9
BREAKDOWN OF ADMINISTRATION FEES - 6/8/93
Estimated Total Cost of Public Improvements $291,650.00
- 3% of Public Improvement Costs (Under (U der $500,000) $ 8,750.00
- Street Lighting Charge (for electricty)
2 @ $200 $ 400.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) $ 350.00
- Recording Fees
a. Development Contract $ 25.00
b. Plat Filing $ 30.00
c. Temporary Easement $ 25.00
d. Conservation Easement $ 25.00
TOTAL ADMINISTRATION FEES $ 9,605.00
1
Oak Ponds Development
Neighborhood Concerns with Landscape Plan and Development Agreement
June 14, 1993
—
' SCREENING
Screening the development from the adjacent single family homes
was, and is, a major concern. The following quotes from the
December 14, 1992 Council Meeting are relevant to this issue and
stress the Council's concern for additional screening with more
trees in the Phase II area:
1 Brad Johnson: "Kay (Balla) says they have access to 12 and
14 foot pines...within reason we're willing to
' try to do that..."
"I thing we're willing to come with sort of a
forest back there if we can figure out what is
1 necessary."
The sizes and numbers of the trees contained in the landscaping
' plan have not changed with the exception of 10 - 8 foot austrian
pines that will be added to the north side (not specified as to
Phase II exclusively). Nowhere in the landscaping plan is there
any indication or attempt at planting 12 to 14 foot pines, which is
' what the developer agreed to do. In addition, as you can see from
the figures below, the total number of trees has decreased, not
increased, and could hardly be considered a forest on the north
1 side.
SCREENING (cont.)
Councilman Mason: "I am concerned with the screening."
"I think the screening needs to be pursued but
' I don't think that that in itself is enough to
hold up a preliminary approval. but I'm by no
means done with the landscaping yet and I
' guess in a way I know if Councilmember Wing
were here, he'd be talking about that too so
I'll try to fill in his shoes a bit."
Councilman Workman: "But we'll have to screen these buildings. I
think that's without question and I think it
has to be done properly and it has to be shown
U in the plan very accurately in how it's going
to be done."
' "I think it goes without question that we're
going to ask for screening."
Councilwoman Dimler: "I guess I share the concerns as well with the
1 screening and I think we can deal with that at
a later time and taller trees, or whatever."
' Mayor Chmiel: "I have three things. Landscaping,
landscaping, and landscaping. Within that
specific sensitive area. I think that's going
to have to be done. I don't want to take a
position now of saying landscaping be done
when we can lean back on a machine operator
and say no, we can't get one in there to put
it in. I want a definite. No maybe's. No —
guesses."
Added to motion. "With additional screening
required in the northeasterly portion of the
development in the Phase 2 rental area."
Condition #15 on Workman motion of December 14, 1992.
15. Additional landscaping will be required in the northeast
corner of the property to be submitted and approved with the
1 final plat approval.
As you can see, the screening issue was very important to both the
residents and the Council. Everyone agreed that additional
screening would be necessary prior to final approval.
LANDSCAPE PLAN
After preliminary approval, a revised landscape plan (dated 2 -26-
93) was completed. In reviewing the revised plan, we note the
following:
1
New trees on preliminary plat (Dec. 1992) = 476
New trees on final plat (June 1993) = 471 1
5 less trees on final plat than preliminary plat
Phase II (Grassy Knoll area) ,
New trees on preliminary plat (Dec. 1992) = 54
New trees on final plat (June 1993) = 45 1
9 less trees on final plat than preliminary plat
* Note: There are ten austrian pines to be located in future on
north after building construction. Even if we assume that all ten
pines will go in the Phase II area, there will be one more tree
proposed now versus six months ago,. hardly a forest or even
additional screening.
Several residents did review this plan in March and relayed the
following comments onto Kate Aanenson prior to her meeting with the
developer:
1) Trees are too small. Developer promised 14' evergreens at
last public hearing on December 14, 1992. Deciduous trees are
also very small at 2 1/2" caliper size. More deciduous trees
are needed for screening 2 - 8 unit buildings. '
2) No sumacs are shown on north side of landscape plan.
3) Quantity of trees less than previous. 476 before, 471 after 1
4) Landscape plan should be revised to add more trees as well as 1
larger trees.
No changes were made by developer in response to the neighborhood
comments. 1
DEVELOPMENT AGREEMENT
The following are some of the items that the residents feel should
be addressed in the development contract:
Lighting on rear of for -sale and apartments facing north was
discussed previously. City staff stated on December 14, 1992 that
"One of the things that the residents asked for was concern about
' lighting in the rears of the buildings. Certainly that's something
that will be put into the development contract..." This item is
not included in the development agreement. Language should be
added to cover this item.
Garage units in apartments should not be used for storage, so as
not to create additional parking and congestion problems. Language
1 should be added to attempt to address this issue.
Trails between development and Saddlebrook to the North should be
prohibited so that a trail could not be added in this area in the
future.
1 20' manicured area should be further defined. Current language
states that 20' area to be maintained along property lines.
Shouldn't this be 20' from parking areas, roads and buildings?
This issue should be clarified in the agreement.
1 Timetable for planting trees should be specified. Staff had
previously recommended that landscaping should go in first before
any of the buildings go in. Also, as previously discussed,
residents should be able to assist in identifying where the 10
additional austrian pines are to be located. Current Landscape
Plan does not specify whether the developer, staff or residents
1 will select locations of future trees.
All trees over 6" in diameter, not just oak trees, should be fenced
during construction. The neighbors are concerned with all large
trees that currently provide a buffer. Developer should take
precautions to save all large trees, not just oak trees and
penalties for damaging trees should apply to all large trees over
6" in diameter, especially in the sensitive areas.
The neighbors are also concerned about the loss of trees due to
utility construction, particularily storm sewers constructed along
the north slope and feeding into pond areas. These areas should be
identified in order to minimize the possibility of damages and to
' allow for provisions for replacement on a per caliper inch basis.
Conservation easement should be further defined on map and should
include upland areas in order to protect all trees in the future.
' The neighbors feel the present plans do not accurately reflect the
intention of the City Council at the December 14, 1992 meeting.
1 With the above concerns still unresolved, we would like to request
that either they be addressed at tonights meeting and added to the
' development agreement /landscape plan, or that final approval be
tabled and all plans and documents be further reviewed by City
staff, the developer and residents, before it is brought back to
the City Council for approval.
Thank you for your consideration.
1