7e. Proposed Target Development Contract 1 CITYOF '7_
1 ,,00, CHANHASSEN
1 •
f 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937 -1900 • FAX (612) 937 -5739
Action W city Admialshatot
Endorsed ✓ FY
MEMORANDUM liodi:ie4
Rejected
I TO: Don Ashworth, City Manager Date /O- 22 -r'2r
Rate Submitted to Commission
FROM: Charles Folch, City Engineer Dade Submitted to Council
I q
DATE: October 22, 1992 I0 —2.10 - v
I SUBJ: Approve Development Contract for the Chanhassen Retail Addition
(Target Development)
Project No. 92 -15 I' :,
1 ,,. ?,, ,,.
The attached revised development contract:incor all the pertinent platting, site plan
I and grading conditions of approval as approved by the City Council. Staff and the City
Attorney have met with the developer to discuss their questions and concerns for specific
language in the development contract. Attached : >to Item 7b is a memorandum dated
I October 22, 1992 from Dick Koppy of RLK & Associates outlining both PUD and
development contract items which were clarified during this meeting. Staff and the City
Attorney are in agreement with the.listed clarifications #o the development contract with the
1 exception of the following items;
Item 8L A segment of `sidewalk along West 78th Street between the main access to
1 Target And the next access to the west will Meander outside of the right -of-
way` and,:into :a frail . tsasement :: > r .t here berming and trees and
I sodding:w ll : be .completed a = , fit t e % ' get dev Jc Anent ro ect. The
dveloper desires that the City construct this wale ail part of the West 78th
Street detachment. project. This can be accomphshedprovlded that trees, sod
and other plant material in thus area _are , pot ply unitl walk is constructed.
Item 8M This item states that "the thre,cades of the Target store shown on West
78th Street shall have backlig i j g ". The developer wishes to have this item
I read, "The three facades of the Target store facing West 78th Street as shown
on the partial plan and exterior plan elevation.sheets submitted on September
I 23, 1992 shall have backlighting." Staff has yet to receive an official
architectural plan showing backlighting; therefore, a reference sheet and date
is not available. Item 8N states "Lighting shall not exceed 1 -foot candle at
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�4: PRINTED ON RECYCLED PAPER
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I Don Ashworth
October 22, 1992
Page 2
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the property line. After -hours lighting shall be limited to security lighting
I only." The developer requests that this item be reworded to eliminate the V2-
foot candle restriction at the property line and modify the second sentence to
read "After -hours lighting shall be limited to security and employee lighting
I only." Staff recommends that the developer clarify locations and intensity and
locations of employee lighting. The 1 -foot candle restriction is a City
ordinance.
1 Item 8Q This item states that "a protective crosswalk (stop signs) shall be placed at the
entrance to the Target store ". The developer agrees to placing a crosswalk
I from the parking lot to the building entrance; however, they do not want to
use a stop sign at this location. Staff disagrees and continues to support the
installation of a stop sign at this crosswalk.
I Item 8Y This item states that "Working hours for the grading operation will be limited
to 7:00 a.m. to 6:00 p.m., Monday through Saturday, with no work occurring
1 on holidays unless a waiver is approved by the City Council." The developer
wishes this item to read "Working hours for the grading operation will be
limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday, with no work
1 occurring on holidays unless a different schedule is approved by the City
Engineer." Given that the working hours restriction has been established by
ordinance, any modification or waiver to this requires City Council approval.
I It would be my recommendation that the developer submit a schedule
outlining the time period for which extended working hours would be required
I and what time daily would be the construction shutdown.
Item 8BB This item states 'The entire site shall be restored and seeded by no later than
I November 15, 1992 unless an extension is granted by both the Watershed
District and the City Council." The developer wishes to have this item
deleted; however, staff believes it should remain intact and if a letter granting
I and extension is received by the City from the Watershed District, staff would
also then recommend that the City Council authorize a work extension
accordingly.
1 General Conditions
I Item 21L This section stipulates construction working hours. As previously mentioned,
the developer will be requesting a variance to this which, if approved by City
Council, would be modified in the Special Conditions section of this
I development contract. The Special Conditions will supersede the General
Conditions; therefore, this section can be left as is with or without granting
the waiver.
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Don Ashworth 1
October 22, 1992
Page 3 1
Item 21T Soil Corrections. This item shall be left as is.
If any of these remaining developer issues of disagreement are approved by the City
Council, the specific language in the development contract will be modified as such. The
development contract specifies that a letter of credit in the amount of $300,960.00 and an
administrative fee in the amount of $8,458.00 be submitted to the City prior commencing
any of the site improvements. '
It is therefore recommended that the revised development contract for the Chanhassen
Retail Addition (Target development) be approved conditioned upon receiving a cash
escrow or letter of credit in the amount of $300,960.00 and an administrative fee in the
amount of $8,458.00.
ktm '
Attachments: 1. Development Contract. 1
2. Administrative fee schedule.
c: Dave Hempel, Sr. Engineering Technician '
Dick Koppy, RLK
Jim Theusch, Target Stores
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CHANHASSEN RETAIL ADDITION
SPECIAL PROVISIONS
AGREEMENT dated October 12, 1992, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
TARGET STORES, a Minnesota Corporation (the "Developer ").
' 1. Request for Plat Approval. The Developer has asked the
City to approve a plat for CHANHASSEN RETAIL ADDITION (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. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A - -Plat dated October 22 , 1992, prepared
by RLK Associates, Ltd. and approved by the
Chanhassen City Council on October 26 , 1992.
1 Plan B -- Grading, Drainage and Erosion Control Plan dated
October 22 , 1992, prepared by
RLK Associates, Ltd. .
Plan C- -Plans and Specifications for Improvements dated
P P
October 22 , 1992, prepared by RLK Associates,
Ltd. .
Plan D-- Landscape Plan dated October 22 , 1992,
prepared by RLK Associates, Ltd. .
Plan E - -Site Plan dated , 1992, prepared by
RLK Associates, Ltd. .
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4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System 1
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading
H. Underground Utilities (e.g. gas, electric,
telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking 1
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. 1
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
$ 300,960.00 . The amount of the security was calculated as
110% of the following:
Sanitary sewer $ 30,700.00 1
Watermain $ 21,600.00
On -site storm sewer $ 85,500.00
Streets $ 15,800.00
Erosion control $ 1,500.00
Grading $ 45,000.00
Engineering, surveying, and inspection $ 28,500.00
Landscaping $ 44,000.00
Iron Monuments $ 1,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . $ 273,600.00 , 1
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, 1993. The City may draw down the security, upon ten -
day prior notice to Target, 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 with ten -day prior notice. If the
security is drawn down, the draw shall be used to cure the default.
With City approval, the security may be reduced from time to time
as financial obligations are paid, but in no case shall the
security be reduced to a point less than 10% of the original amount
until all improvements are complete and accepted by the City.
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7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Target Stores
33 south 6th street
1 Minneapolis, MN 55440
Attn: Jim Theusch, Project Manager
1 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
1 8. Other Special Conditions.
A. The following easements shall be granted on the
plat:
1. 20 -foot wide utility easement over Lot 1 for
public portion of proposed watermain.
2. 30 -foot wide utility easement over proposed
sanitary sewer through Lot 1.
' 3. 30 -foot wide utility and sidewalk easement over
existing 8 -inch sanitary sewer through Lot 1, and a 30 -foot wide
' utility easement over existing 8 -inch sanitary sewer through Outlot
B.
' 4. 20 -foot wide drainage and utility easement over
all public storm sewers.
A -1. Cross access easements, ingress and egress, shall be
granted between Target and the Burdick Park Addition property.
Pond access and maintenance agreement between Target and the city
and "no build" easement over the westerly portion of Lots 1 and 2,
Block 3, Burdick Park Addition shall be executed.
B. The 1992 edition of the City of Chanhassen's Standard
Specifications for Construction shall govern construction of all
public improvements.
C. The applicant shall be responsible for obtaining all
' required agency permits such as PCA, Health Department, Watershed
District, etc.
' D. Item deleted. -
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E. Item deleted. 1
F. Item deleted.
G. Item deleted. 1
H. Acceptance of full park and trail dedication fees for the
9.72 -acre Lot 1 parcel. The park and trail dedication fees will be
calculated at $2,500 per acre for park dedication fees and $833 for
trail dedication fees. The total fees are $32,397.00.
I. Item deleted.
J. Item deleted. 1
K. Subject to compliance with the conditions of the
Preliminary and Final PUD and Plat #92 -5.
L. The sidewalk along West 78th Street will meander between
the main access to Target and the next access to the west. An
easement shall be granted for the area where the walk meanders 1
outside the right -of -way. The City will construct this walk as a
part of the West 78th Street detachment project conditioned that
the developer will delay placement of trees and sod in this area
until walk is constructed.
M. The 3 facades of the Target store shown on West 78th
Street shall have back lighting.
N. Lighting shall not exceed 1 1-foot candle at the property
line. After hours lighting shall be limited to security lighting
only.
O. Signs for the Target store shall be limited to: 1.) the
monument sign which shall not exceed 8 feet in height with a 6' x
6' foot sign area; 2.) the pylon sign which shall not exceed 34
feet in height and not exceed 144 square feet in sign area. The
monument sign and free - standing sign shall be consistent with the
exhibit and plans submitted with the staff report dated September
28, 1992 site plan. The wall sign shall not exceed 6' x 34' for
the Target sign and 17' x 2' for the pharmacy sign. '
P. All developments shall comply with the development
standards of this PUD zone.
Q. A protected cross walk (stop signs) shall be placed at
the entrance to the Target Store.
R. For the Target site plan, additional evergreen trees,
Austrian and Jack Pine, shall be placed in the front landscaping
and trees in the parking lot shall be changed from a decorative
tree to an overstory tree including but not limited to White Ash,
Hackberry, Tamarack, Red and Burr Oak. Twenty -five overstory trees
shall be added to the Target parking lot.
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S. Item deleted.
T. Southwest Metro Transit shall work with Target to find a
mutually acceptable location for a bus shelter.
U. The HVAC will be obstructed from view by the parapet wall
as detailed on plan sheet numbers dated
V. Item deleted.
' W. The applicant shall show on the plan location of topsoil
and poor soil stockpiles.
X. The haul route for material to and from the site shall be
limited to Trunk Highway 5 and County Road 17. Construction trucks
and vehicles shall access the site at approved rock construction
entrance only. The applicant will be required to maintain haul
' route clean of dirt and mud, etc.
Y. Working hours for the grading operation will be limited
to 7:00 a.m. to 6:00 p.m., Monday through Saturday with no work
occurring on holidays unless a waiver is approved by the City
Council.
Z. The applicant shall submit an administrative fee and
letter of credit prior to commencement of grading operations.
' AA. Item deleted.
BB. The entire site shall be restored and seeded by no later
than November 15, 1992 unless an extension is granted by both the
Watershed District and the City Council.
CC. The City shall inspect the site before grading begins to
ensure preservation of the trees and location of snow fences are
placed in accordance with Item 8G of the PUD Agreement.
' DD. Item deleted.
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: 1
Don Ashworth, City Manager
1
TARGET STORES
1
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 1
STATE OF MINNESOTA )
( ss. 11 COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by 1
NOTARY PUBLIC 1
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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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 ,
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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CITY OF CHANHASSEN 1
DEVELOPMENT CONTRACT
(Developer Installed Improvements) 1
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 1
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
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 by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
' ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
' erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
' City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
' completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
' control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
8. Clean up. The Developer shall maintain a neat and
' orderly work site and shall daily clean, on and off site, dirt and
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debris, including blowables, from streets and the surrounding area 1
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. 1
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 consistent with the
landscaping plan dated October 22, 1992. Suitable trees include:
Maples Ash
Linden Basswood
Green Ash Birch
Honey Locust Ginkgo (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 (2 inches caliper, either bare root in season, or balled
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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
11 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, other security or nursery warranty 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
the plat will be re- spread against the plat in accordance with City
standards.
16. Street Lighting. Item Deleted.
' 17. Street Signs. All street name and traffic signs required
by the City as a part of the public improvements on the Target
development site shall be furnished and installed by the City at
the sole expense of the Developer.
18. Item deleted.
' 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
1 Development Contract, monitoring construction progress, processing
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pay requests, processing security reductions, and final acceptance 1
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows: 1
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
ii) if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3 %) of construction
costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000; ,
iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (21/2%) of construction costs
for the first $1,000,000 and one and one -half
percent (11 %) 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 11 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 public 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 forty -five (45) 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 11 (30) days shall accrue interest at the rate of 8% per year.
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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.
I B. Postal Service. The Developer shall provide for the
maintexance 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.
1 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 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.
GC -6
H. Release. This Contract shall run with the land and 1
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
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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. Assicfnability. The Developer may not assign this
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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. Construction equipment may only 11 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
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.
GC -7
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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.
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. Item Deleted.
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 -8
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CITY OF CHANHASSEN 1
CHANHASSEN RETAIL ADDITION (TARGET DEVELOPMENT)
PROJECT NO. 92 -15
BREAKDOWN OF ADMINISTRATION FEES - 10/22/92
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Estimated Total Cost of Public Improvements $273,600.00
- 3% of Public Improvement Costs (Under $500,000) $ 8,208.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat) $ 200.00 1
- Recording Fees
a. Development Contract $ 20.00
b. Plat Filing $ 30.00
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TOTAL ADMINISTRATION FEES $ 8.458.00 1
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