1d. Street & Utility Plans & Specs and Amended Dev Contract for Ithilien Addition /cc_
l
C ITYOF
.......___.
CHANHASSEN
' -rt , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
5 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrator
T
End =d Ili) "I°.
MEMORANDUM • Mott;.io.,
II Rejectci _
TO: Charles Folch City Engineer Deje � 22 -g
Date Samitted to Commission
FROM: Dave Hempel, Sr. Engineering Technician l Date Submitted to Council
/a - Zb 42--
DATE: October 21, 1992
1 SUBJ: Approve Street and Utility Plans and Specifications and Amended
PP P
Development Contract for Ithilien Addition - Project No. 92 -13
I ` �Y:
I On July 23, 1992, the City Council approved -development contract for site grading on
Ithilien Addition in an effort to expedite the project. The applicant has entered into the
development contract and provided th , ,; nec" :ssary security deposit and paid the
administration fees for the overall project. Howe g er, the development contract was never
recorded. Since then the applicant has re*:ived final plat approval and has submitted final
plans and specifications for approval. Tie attached development contract incorporates the
I conditions of approval from the runt plat, wetland alteration permit and plan and
specification approval process. As you may recall, his project has experienced several
delays as a result of the Teton /Lila+cLane project Since these issues have been resolved,
I the project is proceeding accordingly. It is therefore recommended that the City. Council
approve the amended development contract for Ithilien- ddition dated July 27, 1992.
I The developer's engineer, Mr. Mark Gronberg of Coffin & Gronberg, Inc., has submitted
final construction plans and specifications for_ Ithilien Addition. Staff has reviewed the plans
and specifications and f.>;nds them in n f o cue -:L s ke_ ity's,constrction standards.
It is therefore recommended that the construction plans and specifications dated July 21,
1992, revised September 18, 1992 and the amended development contract dated July 27,
I 1992 for Ithilien Addition, Project No. 92 -13, be'.upproved.
jam. =:
1 Attachments: 1. Construction t
lans (Specifications are available for review in the
P
1 Engineering department).
2. Development Contract.
c: Jim Fenning, Hilloway Corporation
I
t PRINTED ON RECYCLED PAPER
1
I/
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
1 ITHILIEN
SPECIAL PROVISIONS
AGREEMENT dated July 27 , 1992, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and
HILLOWAY CORPORATION (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for ITHILIEN (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. 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 except
for site grading as defined herein. If the plans vary from the
written terms of this Contract, the written terms shall control.
The plans are:
Plan A - -Plat prepared by Coffin & Gronberg, Inc.
Engineers, Land Surveyors, Planners, approved by
' the City Council on July 27, 1992.
Plan B -- Grading, Drainage and Erosion Control Plan dated
1 March 2, 1992, revised September 25, 1992,
prepared by Coffin & Gronberg
Plan C- -Plans and Specifications for Public Improvements
dated July 21, 1992, revised September 25, 1992,
prepared by Coffin & Gronberg
1
1
1
' SP -1
ATTACHMENT 2
1
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 1
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1993. 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
$ 317,149.00 . The amount of the security was calculated as
110% of the following:
Lilac Lane Assessments $ 15,000.00 '
Site Grading $ 72.200.00
Sanitary sewer $ 31 914.00
Watermain $ 33,880.70
On -site storm sewer $ 25,769.50
Streets $ 71,697.50
Street lights and signs $ 1,100.00
Erosion control $ 1.000.00
Engineering, surveying, and inspection $ 23.756.00
Landscaping $ 12,000.00 1
TOTAL COST OF PUBLIC IMPROVEMENTS . . . $
This breakdown is for historical reference; it is not a restriction
1
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, 1993. 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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1
1
11 the original amount until all improvements are complete and
accepted by the City.
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:
' Mr. Jim Fenning
Hilloway Corporation
16455 Ringer Road
Wayzata, MN 55391
Telephone: (612) 473 -1999
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. Ponding calculations should be revised to account
' for Teton Lane storm sewer contribution.
B. The Developer shall take cross sections of Teton
Lane to determine the full impact on the adjacent properties and
' adjust the construction plans accordingly.
C. The Developer shall notify the watershed district of
' the additional area (Teton Lane) to be included in the overall
project to see if additional permits are required.
' D. The following easements shall be added to the plat:
1. A drainage easement for the wetland pond for
the boundary at the 100 -year flood elevation.
' 2. A conservation easement for the wetland over
the 1001' contour.
3. The existing drainage easement over the
wetland must be vacated.
1 E. A 12 -inch storm sewer with a 4 -inch orifice plate
shall be constructed as the outlet structure for the wetland pond.
The wetland pond bottom shall be lined with clay and top- dressed
' with 4 to 6 inches of topsoil.
F. Lots 1 through 5 shall take driveway access from the
' proposed new street (Ithilien).
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1
G. The Developer shall enter into a development
contract with the City and provide the necessary securities
associated with the development. The developer shall construct the
street, sanitary sewer, and storm sewer improvements within Teton
Lane at his expense and shall waive all rights to a public hearing
or assessment appeal for 20 percent of the cost to the Lilac Lane
improvements, City Project No. 91 -4.
H. Park and trail fees shall be paid in lieu of land
dedication.
I. The Developer shall retain a qualified soils 1
engineer to evaluate the sub- surface soil conditions on the
proposed subdivision and recommend corrections at proposed house
pads if necessary.
J. The wetland alteration shall be completed exactly as
proposed in the Barr Engineering memo dated March 9, 1992 including
the two -pond system, interspersed with open water and submergent
plant species, and landscaping of a mixture of emergent plant
species and wetland shrubs. '
K. Disposal of dredged material is prohibited within
the wetland area.
L. The Developer shall notify staff within 48 hours
prior to commencing the alteration to the wetland and shall again
notify staff within 48 hours after completion of the wetland
alteration for staff review and approval.
M. The letter of credit, as part of the development
contract, shall include financial sureties to guarantee proper
mitigation of the wetland, including landscaping and as -built
plans.
N. Minimum lowest floor elevation on Lots 12, 13, 14,
15, 16 and 17, Block 1 shall be 2 feet above the 100 -year flood
elevation. ,
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.
1
1
SP -4
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II
11 CITY OF CHANHASSEN
/ ,
BY: ..C_
1 (SEAL) D.nald J. i , Mayor
II AND:
Don Ashworth, City Manager
II DEVELOPER: HILLOWAY CORPORATION
II 11111k BY: , 4:
IPre.s,de+Jr
II STATE OF MINNESOTA
)
( ss.
I I COUNTY OF CARVER )
toi
The foregoing instrument was acknowledged before me this 30
1 day of s r , 19 �i-; by Donald J. Chmiel, Mayor, and by
Don Ashwo h, 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.
g /
O L TARI PUBLIC
1 STATE OF MINNESOTA ) j± KAREN J. ENuELHARDT t
+ NOTARY PUBLIC - MINNESOTA 1
1 v
( ss . CARVER COUNTY 1
COUNTY OF ) , ' " My Commission Expires OCT 16.1997 I
1 + +
The foregoing instrument was acknowledged before me this ZS_-
day of Se-v - r e - b�. , 199;- , by .slues s�
es b Feib srde. r
1 i-4 1 1.1 o0 4.i c o R p o e-nhi ,v f - bl o -Ye,s o rn- Q oa.Qo w9?7 °A) 003 .e_.64-e(- r
0C Ca oRpo mfg ar✓
I • VICTORIA E. CHURCHILL NOTARY PUBLIC
- - NOTARY PUBLIC - MINNESOTA
" CARVER COUNTY
: - = Illy oommIsion wpm 9440
II
I DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
II 1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
1
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II
1THILIEN
KNOW AIJ. PERSONS BY THESE PRESENTS:That Hil loway poration, • Minnesota oorpordtion, tee owner of the CHANHASSEN, MINNESOTA
following described property nituated In the Count of Carver, State of MInnseotd t wit:
That part of The North 40 rods .. the Nest 40 rods of the 'Northeast Quarter of the Thie plat of ITH1LIEM we approved and accepted by the City Council of the City of
Northwest Quarter off 1+ection 2, Townsh 118 North, Range 23 Nsst of the 5th Prinoipel nenota, at a regular nee ing thereof held this 2 7 44 day of Z , 1992.
Naridian,which lice North of the North line,.f Tract A, Registered Land S1 ervey No. 27. files of once with the provisions :.f Minnesota Statutes, Section 506.03, Snbd. 2.
the Registrar of Titles, County of Carver, .■ M..• NO therefrom the followi described property:
That pert of said North 40 rods of the Nest 0 rods deooribed as follow: Commencing at the CITY COIAICIL 01 THE CITY OF CIANHASSEII, MIN
northwest corner of sold Northeast Quarter •' the Northwest Quarter; then*, easterly along the
AI i /
North line m
of id Northeast Quarter of tine' •rthwemt garter • distance bf 478.89 feet to LM My , ��
point of beginning of the land to be donor!. .; thence southerly defleotlhg to the right 90 de- B s•L • •
green 44 minutes 10 'seconds • distance of 2' feet; thence easterly deflecting to the left 90 +}
degrees 44 minutes 10 seconds • distance of 03.12 feet to the East line of said west 40 rods of COUNTY SURVEYOR. CARVER .. , MtNNR1,i0'PA 4
the Northeast Quartos of the Northwest Quer ;.r; thence northerly along amid gent line to the Pursuant to Chapter 305,; inneeota Laws of 1971. this plat has been approved this __
North line of sap Northeast Quarter of the orthwest Quarter: thence westerly along said North , 199 _. . -
lins to the point of beginning.
Ill
Has caused the saes to he surveyed and platted as i ILIEN. and does nereby donate and dedicate to the R
public for public us* forever the thoroughfares • cal -de -saes. and the drainag end utility easements John E.Preasyer. Carver County Surveyor
and drainage easements es shown on the plat. 1
COUNTY AUDITOR, CARVER . • MINNRHO1*
In witness whereof said Hilloway Corporation, a M1. soots corporation. has caused these preeente to be 1 hereby certify that t - are no delinquent texen for ell years prior to 199 .• W
signed by its proper officer this ‘7 day of i , 199.2: Dated this day -f . 199_.
H /LIOWAY CORPOR a Minnesota corporation
IN
OMNI
9y </� '" . I to NES ' . •")r I MARK IDUIRAI, CARVER COUNTY AUDITOR
9Y
STAIR O1 NIN882507*)
COIETT Of P _ The foregoing instrument was • lodged Wore me this _, r day of are r^•'p COUNTY TREASURER. CARVER COUNTY. MINNESOTA
t99_ , by .lama., D. Penning, its President, of Hill. 'y Corporation, a Minnesota corporation on behalf I hereby certify that t taxes payable for the year 199_ for the land described
of said corporation. + , ITHILII44 have es
bn paid this day of • 199_,... ,� ,, . PADIICK F. MIFORp - L.• • • -L.- _
� � m Notary Pub • a, W!'r'h( County, Ninnewo to O. 1. DAHLKE, CARVER COUNT TREASURER
My oommime expires Z'•4-98
A
1 hereby certify that I have surveyed and platted propsrtlr dsoorib•d on this plat as ITHILIEN; that
thin plat is • correct representation of maid su ; that all dl•tances are rrectly shorn in feet COUNTY RECORDER. CARVER •. . MINNESOTA • C
end hundredths of • toot; that all monuments have • n correctly placed in the fgrou d as shown; and I hereby certify that th plat of 'TRIM= wee filed this day of
that the outside boundary lines are oorrectly dsml' -. tad on mild plat; and then a ere no wetlands as de- _ n'olook _.N. a Document No.
fined on Minnesota Statute, Section 50$.02. Subdiv ion 1 or publio highways to he designated other
than se 'shown on this Plat. CARL N. RANSON. JR.. CARVER mum REODRIIa
u_. M
Mark N. H • berg. Land Surveyor and Eng ins*r
Minnesota . eons* Number 12755
STATE Of MINNESOTA)
COUNTY 01 ,1(; S/MAL) The foregoing instrument wan •knowledged before me thin .1 (iW VC. day of #O , f
199. by Mark R. Oronberg. load Surveyor and + r.
_ ',� � NM
MO "
1
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.
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.
' 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
GC -1
1
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.
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.
1
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Bite Erosion Control. Before the site is rough graded, ,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
1
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1
II debris, including biowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
II 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
I 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
I 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
I 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.
II 10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
I 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
II 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
II 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
1 letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
II 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
I park and trail dedication fees then in force pursuant to Chanhassen
City Ordinances and City Council resolutions.
12. Landscaping. Unless the lot already has one tree in the
I 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:
II Maples Ash
Linden Basswood
I Green Ash Birch
Honey Locust Ginko (male only)
Hackberry Kentucky Coffee Tree
Oak
II Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
1 trees, or can be a public hazard, such as bug infestation or weak
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11
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.
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. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control, and Tree Removal
Plan shall be submitted for each lot as required in the Special
Provisions, for review and approval by the City Engineer. Each
plan shall assure that drainage is maintained away from buildings
and that tree removal is consistent with City Ordinance.
15. Existing Assessments. Any existing assessments against 1
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. The Developer shall have installed and 1
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. 1
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.
1
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18. House Pads. The Developer shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
fill on any house pad location.
19. Responsibility for Costs.
' A. The Developer shall pay an administrative fee in
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
II 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.
1 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
1 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
1 the actual progress of the construction. Payment shall be due in
accordance with Article 17E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
' and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
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1
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 1
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
1 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
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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.
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. 1
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F. Building Permits. Building permits will not be
issued for constructing homes in the plat until sanitary sewer,
watermain, and storm sewer have been installed, tested, and
accepted by the City, and the streets needed for access have been
paved with a bituminous surface.
G. Waivers /Amendments. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
' of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
' H. Release. This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
' Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and maintain
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $200,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
' evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
' certificate may not contain any disclaimer for failure to give the
required notice.
' J. Remedies. Each right, power or remedy herein
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.
GC -7
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L. Construction Hours. Construction equipment may only
be operated in the plat between 7:00 a.m. and 6:00 p.m., Monday
through Saturday. Operation of construction equipment is also
prohibited on the following holidays: New Year's Day, Memorial Day,
July 4th, Labor Day, Thanksgiving Day, Christmas Eve Day, and
Christmas Day.
M. Access. All access to the plat prior to the City 1
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. 1
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.
0. Soil Treatment Systems. If soil treatment systems
are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
P. Variances. By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
Q. Compliance with Laws. Ordinances. and Regulations.
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.
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GC -8
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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
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