1c2. Willow Ridge Approve Dev Contract 1 1 .,.
CITYOF lc _ ;_
.....................
•
k CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
vi Ilan WY CRY Adminivrator
1 MEMORANDUM iil nw:fr
lbdifled-
TO: Charles Folch, City Engineer 6°
I
Dave Hempel, Sr. Engineering Submitted to Commisslort
FROM: p , gineering Technician ,!,
DATE: April 7 , 1992 D ate Subr to Council
II
�-i Z
SUBJ: Approve Development Contract for WillowRidge
II Project No. 91 -14
On December 17, 1991, the City approved a development contract for
I specifically grading wetland areas within a portion of this
subdivision which was referred to as Ortenblad /Ersbo Addition.
Since then, the westerly half of the site has subdivided into
I WillowRidge. The final plat for WillowRidge was approved by the
City Council on March 23, 1992. The attached development contract
reflects the conditions and stipulations contained in the final
plat and plans and specification review process. Therefore, it is
I recommended that the City Council approved the attached development
contract for WillowRidge.
1 ktm
Attachment: Development Contract
I c: Mike Pflaum, Lundgren Bros. (w /attachment)
OFFICIAL ENGINEERING COPY
I Received
Revision No.
I Approved by City Engineer
Date , 4- -9Z es--
1 Approved by City Council
Date
1
tie PRINTED ON RECYCLED PAPER
1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
1 (Developer Installed Improvements)
WILLOWRIDGE
SPECIAL PROVISIONS
' AGREEMENT dated April 8, 1992, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
Lundgren Brothers Construction, Inc., (the "Developer ").
1 1. Request for Plat Approval. The Developer has asked the
City to approve a plat for WILLOWRIDGE (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- -Final Plat approved by City Council on March 23,
1992, prepared by Sathre - Bergquist, Inc.
1 Plan B -- Grading, Drainage and Erosion Control Plan dated
February 21, 1992, revised April 2, 1992,
prepared by Sathre - Bergquist, Inc.
Plan C- -Plans and Specifications for Improvements dated
February 21, 1992, revised April 2, 1992,
prepared by Sathre - Bergquist, Inc.
1
1
1
1
r03/26/92 SP -1
1
•
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
I. Underground Utilities (e.g. gas, electric,
telephone, CATV) II J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Lift Station
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
$452,826.00. The amount of the security was calculated as 110% of
the following:
Sanitary sewer $ 73,000.00
Watermain $ 37,400.00
On -site storm sewer $ 42,600.00
Streets. $ 89,500.00
Street lights and signs $ 1,250.00
Erosion control $ 9,600.00
Engineering, surveying, and inspection $ 37,210.00
Grading $ 80,000.00
Iron Monuments $ 1,100.00
Lift Station $ 40.000.00
TOTAL COST OF PUBLIC IMPROVEMENTS . . . $411,660.00
This breakdown is for historical' reference; it is not a restriction
on the use of the security. The security shall be subject to the 111 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
SP -2
1
1
1 no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
' accepted by the City.
7. 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:
Lundgren Brothers Construction, Inc.
935 East Wayzata Boulevard
Wayzata, MN 55391
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:
1 Chanhassen City Hall
690 Coulter Drive
' P.O. Box 147
Chanhassen, Minnesota 55317
Telephone (612) 937 -1900
' 8. Other Special Conditions.
A. Compliance with setback standards established in the
' Compliance Table.
B. The applicant shall meet all conditions of the
' Rezoning Request #91 -2 and Wetland Alteration Permit #91 -4.
C. The applicant shall provide throughout the whole
subdivision, a 31 foot wide public street. The sharp curves
located in the loop street shall be limited to a 10 m.p.h. speed
limit and shall have "sharp curve" signage.
' D. A revised landscaping plan shall be submitted
providing the following:
1. One additional quaking aspen clump shall be
provided directly north of the Class A wetland and east of the
proposed quaking aspen clumps.
2. Landscaping, acceptable to staff, shall be
added to the area between the public road and the Class A wetland.
3. The berm and landscaping on Lot 1, Block 2,
shall be extended to the edge of the wetland and the westerly
access area directly north of the proposed pond area shall have
increased landscaping to replace existing vegetation that is being
removed, if appropriate.
4. Three trees (2 hardwoods and 1 evergreen or
ornamental),shall be required per lot. (Credit for each tree over
' SP -3
1
1
6 inches in caliper on the lot shall be granted. For the lot,
• however, a minimum of 1 tree per lot shall be provided.)
5. A landscaped berm shall be provided on the
north right -of -way Lake Lucy Road across from the westerly access
to provide screening from traffic to existing homes. Details shall
be worked out between staff and the property owner.
E. Provide wood fiber blankets on all slopes steeper
than 3:1 .for the first phase and all future phases.
F. The applicant shall enter into an amended -
development contract and PUD agreement with the City and provide '
the City with the necessary financial sureties to guarantee the
proper installation of the public improvements.
G. The applicant shall acquire all necessary agency '
permits.
• H. The applicant shall provide full park and trail fees
1
in lieu of land dedication and trail construction.
I. Provide the following easements: 1
1. Dedication of all street right -of -way.
2. Conservation and drainage easements over all 1
protected wetland and ponding areas.
3. Access easements as required to service the
"Walker ponds ".
4. Conservation easements over all designated tree
preservation areas.
5. Provide a conservation easement over all
established wetland buffer areas. Such easements shall be marked
with permanent visible monuments and the location of such easements
shall be provided to city staff for approval.
J. Additional hydrants are needed at the intersections
of Lake Lucy Road and the proposed public road. The applicant
shall work with the Fire Marshal and Public Safety Department on
acceptable street names.
K. The applicant shall meet all conditions of the
Wetland Alteration Permit #91 -4 and Rezoning #91 -2.
L. The applicant shall provide proper restrictions
(subject to city staff approval) on those lots having entrance
monuments and /or landscaping.
M. The developer be required to remove existing purple
loosestrife from the basin and to monitor those sites and sites
SP -4 '
1
1 disturbed by construction for loosestrife invasion until
development is completed.
' N. All wetland areas will be protected during
construction by Type III erosion control. The erosion control
shall be maintained in good condition until the disturbed areas
1 have been revegetated.
O. The proposed wetland setbacks and buffer strip shown
in the compliance table for each lot will be recorded as part of
' the PUD agreement. No wetland setback less than 40 feet will be
permitted and the buffer strip may not be less than 10 feet wide.
The buffer strip will be preserved by an easement. Monumenting,
' approved by staff, defining the buffer strip on each lot, is
required.
' P. Alteration to the wetlands must occur when it
results in the least impact to the wetland and not during the
migratory waterfowl breeding season. The "Walker pond" and
wildlife wetland areas must be designed to the standards proposed
1 in the applicant's submittal packet dated July 30, 1991. Walker
Pond No. 1 as denoted on the grading plan should be included in
Phase I construction or be constructed under the grading permit as
' previously issued. A drainage easement shall be dedicated over the
pond with the final plat.
Q. The applicant shall meet all conditions of the
Subdivision #91 -9 and Rezoning #91 -2.
R. The applicant shall provide sanitary, sewer and water
' service to the Ravis parcel with future phases.
S. The easterly street entrance of Willowridge Road
(Phase II) shall be constructed along with an overland drainage
swale to Walker Pond No. 1 under Phase I of the development.
Temporary drainage easement should be conveyed to the city for the
' overland drainage swale. The entire street layout of Willowridge
Road shall be final platted and dedicated with this phase of
Willowridge. A provision shall be incorporated in the chain of
title of all lots in Willowridge that Willowridge Road will be
extended back out to Lake Lucy Road in the future. Barricades
shall be installed at the end of both streets. A sign indicating
"This street will be extended in the future" shall be placed on the
barricades.
T. A utility and drainage easement shall be expanded on
Lot 10, Block 2 to accommodate future storm sewer extension through
the southeasterly corner of the lot as well as the walker pond in
Outlot A. A drainage and utility easement should be provided for
and around the proposed lift station on Willowridge Court. The
' proposed drainage easement in the rear yards of Lots 8, 9, 11, 12
and 13, Block 3, should be amended to reflect a drainage and
utility easement. The applicant shall receive and comply with
final construction plans and specification approval from the City
SP -5
11
Council. The applicant shall convey to the City a temporary street
PP Y Y Y
easement for the temporary cul -de -sac.
U. If after three years from the date the final plat is
approved by the City Council, the remaining public utility and
street improvements (Phase II) are not constructed, the City shall
proceed with a 429 public improvement project and assess the costs
back to the benefitting properties. The developers and /or property
owners shall waive any and all procedural and substantive
objections to the special assessment, including but not limited to
hearing requirements and any claim that the assessment exceeds the
benefit to the property. Notice of future street extension shall
be placed in the chain of title for all Willowridge property
owners.
V. The developer shall notify all future property
owners adjacent to the proposed lift station on Willowridge Court
that the City will be installing a 25 foot high antenna to the lift
station to accommodate the City's telemetry system.
W. The applicant is responsible for reimbursing the
city a sum of $455.00 for engineering services from Bonestroo
Rosene Anderlik and Associates for review of storm water /water
quality impact of the Ortenblad /Ersbo development.
X. All of the City's lift stations and pump houses are
monitored by the City's new telemetry system. The proposed lift
station should also be incorporated into the City's telemetry
system. The . applicant shall be responsible for compensating the
City for one -half of the cost to install the telemetry system. The
telemetry system is estimated to cost $12,000. Therefore, staff
recommends the applicant be required to provide the City with a
cash escrow in the amount of $6,000. The City will initiate a
future project to have the telemetry system installed once the lift
station has been completed and operational.
Y. The applicant shall resubmit new storm sewer 1
calculations verifying that the storm sewer is adequately sized and
the number of catch basins are appropriate for a coefficient of
runoff of between .45 to .50.
1
Z. The applicant's engineer shall provide the City with
hydraulic calculations to insure the watermain is sized adequately
to insure sufficient fire flow during peak demands. In the event
the 6 -inch watermain is not justified, the City will require
enlarging the watermain to an 8 -inch diameter main. In addition,
connections to the existing City sanitary sewer and watermains on
Lake Lucy Road will need to be realigned to be continuous from
WillowRidge Drive versus the jog as proposed on the submitted
plans. '
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.
SP -6 '
1
1 CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
(SEAL)
' AND:
Don Ashworth, City Manager
DEVELOPER:
' BY:
Its
' STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
' municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
' NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
' The foregoing instrument was acknowledged before me this
day of , 19 , by
•
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
' 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
1
SP -7
1
CONSENT
fee owners of all or part of the subject property, the development 1
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 1
1
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
1
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
1
1 1
1
SP -8
1
1 CITY OF CHANHASSEN
1 DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
1 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
1 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
1 that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or
1 GC -1
1
NI
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. 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.
1
6. 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.
7. Clean up. The Developer shall maintain a neat and '
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
8. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
GC -2
1
11 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.
9. 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
1 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,
I 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.
10. 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.
1 11. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
' shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Ash
Linden Basswood
Green Ash Birch
Honey Locust Ginko (male only)
' Hackberry Kentucky Coffee Tree
Oak
' Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
' one -half (21) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
' as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
1 GC -3
1
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. '
12. 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. '
13. 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. '
14. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards. '
15. 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.
16. Street Signs. All street name and traffic signs required
1
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.
17. Survey Monuments. Iron monuments shall be set on the 1
outside boundary lines of the plat before the final plat is
recorded. All interior iron monuments shall be set within one year
after recording the plat. Lots may not be sold and building
permits may not be issued for lots, until the monuments for said
lots have been set. When all monuments have been set, the
Developer shall have a Minnesota Registered Land Surveyor certify
this in writing to the County Recorder with copies to the City
GC -4
1
1
Engineer and County Surveyor. The Developer shall furnish the City
adequate security, as determined by the City Engineer, to guarantee
' compliance with the provisions of this paragraph.
18. Responsibility for Costs.
' A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
' such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not •cover the City's cost for
' resident construction inspections. The fee shall be shall be
calculated as follows:
' i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3%) of construction costs;
ii) if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3%) of construction
' costs for the first $500,000 and two percent
(2 %) of construction costs over $500,000;
' iii) if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (21 %) 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
11
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.
I C. The Developer shall hold the City and its officers
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
I 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.
1
1 GC -5
1
•
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.
1
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 1
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.
19. 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.
20. Miscellaneous. 1
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 1
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties. Third parties shall have no recourse
against the City under this Contract.
D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
1
E. Severabilitv. 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.
GC -6
1
1
r 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
1 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
I 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.
t 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.
1 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
1
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
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
subdivision are accepted by the City. Warning signs shall be
placed by the Developer when hazards develop in streets to prevent
the public from traveling on same and directing attention to
detours. If streets become impassable, the City may order that
such streets shall be barricaded and closed. The Developer shall
maintain a smooth roadway surface and provide proper surface
drainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the streets.
The City shall have complete discretion to approve or reject the
request. The City shall not be responsible for reshaping or damage
to the street base or utilities because of snow plowing operations.
The provision of City snow plowing service does not constitute
final acceptance of the streets by the City.
O. Soil Treatment Systems. If soil treatment systems
• are required, the Developer shall clearly identify in the field and
protect from alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the
platting process for each lot. This shall be done prior to the
issuance of a Grading Permit. Any violation /disturbance of these '
sites shall render them as unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
1
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.
GC -8
1
1
1 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
1 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
1 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
1 conditions which may exist.
1
1
1
1
1
1
1
1
1
1
GC -9
1
1
City of Chanhassen
WillowRidge
Project File No. 91 -14
Breakdown of Administration Fees - 4/13/92
1
Estimated Total Cost of Public Improvements $411,660.00
- 3% of Public Improvement Costs (Under $50,000) $ 12,349.00 1
- Street Lighting Change (For Elec.)
4 at $200.00 $ 800.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat 1
and Development Contract) $ 200.00
- Recording Fees
a. Development Contract $ 20.00
b. Plat Filing $ 30.00
1
Total Administration Fees $ 13,399.80
1
1
1
1
1
1
1
1
1