3a, b & c. Lake Riley Woods Second & Third Additions C ITY OF 4 4)
PC DATE: 10/28/91
\ \(
HAHA
CC DATE: 1/13/92
CASE #: 90 -3 SUB and 91 -2
• 91 -2 VAC
1 • •
1 STAFF REPORT
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PROPOSAL: Final Plat for Lake Riley Woods 3rd Addition
II Vacation of Utility and Drainage Easements and Pine View
Court Right -of -way, Lake Riley Woods 2nd Addition
ii
V LOCATION: North of Pioneer Trail, east of TH 101
1-i
APPLICANT: George Nelson Associates
I Suite 428
Q 1660 So. Hwy. 100
Minneapolis, MN 55416
I PRESENT ZONING: A -2, Agricultural Estate
1 ACREAGE:
DENSITY: r'
II ADJACENT ZONING AND / - -i,3-
LAND USE: N - A -2, Lake Riley
S - A -2, Nursery ,...—.___. - I 44E E - A -2, single family
W - A -2, single family ____1 713711-
WATER AND SEWER: Not available
I L PHYSICAL CHARACTER.: Site has been graded to allow for development.
Pine View Court has been installed and one
1"■ home is currently located on Lot 4.
2000 LAND USE PLAN: Rural
II
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1
Lake Riley Woods Final Plat
and Vacation #91 -2
January 13, 1992
Page 2
BACKGROUND
On October 28, 1991, the City Council approved a preliminary plat
to replat Lake Riley Woods 2nd Addition to correct a surveying
' error. The preliminary plat was approved with the following
conditions:
1. The applicant shall enter into a new development contract and
submit financial sureties.
2. No direct access for Lot 3, Block 1, shall be permitted to TH
' 101.
3. No direct access for Lots 1 and 2, Block 1, shall be permitted
to County Road 14.
4. All approved septic treatment system sites shall be staked to
preserve them prior to any site grading.
' 5. The bituminous mat shall consist of 2 inches of 2331 plant mix
bituminous base course and 1; inches of 2341 plant mixed
' bituminous wearing course. The 1; inches of wearing course
shall be placed the construction season following the
placement of 2 inches of bituminous base course.
'
6. Construction plans shall be retitled Lake Riley Woods 3rd
Addition.
' 7. All construction shall be in accordance with the city's latest
edition of Standards, Specifications and Details for Rural
Construction.
RECOMMENDATION
The City Council approves the final p ).at for Lake Riley Woods 3rd
11 Addition with the following conditions:
1. The applicant shall enter into a new development contract.
11 2. No direct access for Lot 3, Block 1, shall be permitted to TH
• 101.
3. No direct access for Lots 1 and 2, Block 1, shall be permitted
to County Road 14.
' 4. All approved septic treatment system sites shall be staked to
preserve them prior to any site grading.
5. The final wear course shall consist of 11/2 inches of 2341 plant
1
1
Lake Riley Woods Final Plat 1
and Vacation #91 -2
January 13, 1992
Page 3 1
mixed bituminous wearing course with 6 foot wide, 100% crushed
gravel shoulders. ,
6. Construction plans shall be retitled Lake Riley Woods 3rd
Addition.
7. All construction shall be in accordance with the city's latest
edition of Standards, Specifications and Details for Rural
Construction. 1
8. The final plat shall be amended to include a 10 foot wide
drainage and utility easement along the north and west lot
lines of Block 1, Lake Riley Woods 3rd Addition.
VACATION OF RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENTS, LAKE
RILEY WOODS 2ND ADDITION
As part of the proposed replat, the city must vacate existing
drainage and utility easements and the existing right -of -way for
Pine View Court. The proposed final plat provides all the
necessary drainage and utility easements except for the required 10
foot drainage and utility easements located along the north and
west lot lines of Block 1. The final plat also provides new right -
of -way for Pine View Court. The proposed drainage and utility
easement vacation will maintain the existing 20 foot trail
easements along Hwy. 101 and County Road 14. 1
RECOMMENDATION
The City Council approves Vacation Request #91 -2 vacating all '
drainage and utility easements and Pine View Court as platted
within Block 1 of Lake Riley Woods 2nd Addition with the following
condition:
1. A ten foot drainage and utility easement be provided along the
north and west lot lines of Block 1, Lake Riley Woods 3rd 1
Addition.
ATTACHMENTS 1
1. City Council minutes dated October 28, 1991.
2. Letter from Pioneer Engineering dated November 27, 1991.
3. Final plat dated November 27, 1991.
1
11
. City Council Meeting - October 28, 1991
Il ..,
t' PRELIMINARY PLAT TO REPLAT LAKE RILEY WOODS SECOND ADDITION TO CORRECT PLATTING
ERROR.
Paul Krauss: Mr. Mayor, we became involved in this last year. Lake Riley Woods
Second Addition is a small single family plat on a cul -de -sac in a rural
11 development area. Last year it became clear that part of the City's accepting
the streets and...that due to a surveying error on the developer's part that the
cul -de -sac was put in the wrong spot... At the same time there's one home
that's been erected there. After this problem arose we refused issuing building
II permits but there's one home and at that time the homeowner was quite upset that
their home had been built essentially in the wrong spot because the street was
not where it was supposed to be and it took part of their drainfield from their
II on -site sewer system was located on the adjoining property. When we made
everybody aware of these concerns, the applicant's engineers at first...we'll
just give you the variance to make it good. We took exception to that solution
I and at that time the purchaser of the home was quite upset and was unwilling to
accept that as a solution either. Since that time there's been a lot of
discussions behind the scene...involve the City. Just between the developer and
the existing property owner or homeowner and the engineer. And they seem to
II have reached some sort of accommodation. We tried to contact the homeowner
ourselves and were unsuccessful in doing that. I spoke to Councilman Workman
earlier tonight and he's been telling me that the homeowner now is satisfied
II with the sclution that's been proposed by the applicant. We still have a bit of
a problem with the premise that...broke it so the City has to fix it by giving a
variance. On the other hand, if all the individuals now are content with this
arrangement, if the homeowner is comfortable that the settlement is a
II comfortable one, you can ask validly is this going to hurt anything? I don't
like the idea of variances being given out to fix survey mistakes but this is a
2 1/2 acre lot... It's really not going to be...new home sites so while I'm not
II a real far, of this solution, it seems to be probably...opportunities to resolve
this. So I'm not going to come before you and recommend approval of this thing
but due to the fact that the homeowners are comfortable with it, we could live
with it if you approved it. Thank you.
I Mayor Chmiel: Is the property owner here? Yeah, why don't you come forward and
Y Y a
just state your opinion.
II Charles Frazer: Right .Tow with the agreement that we've come to, I have no
problem with a house over there on that lot. I only had one concern was more or
II less the location and that's been resolved with the developer. We're worked it
out and honestly I have 2 1/2 acres now. It's plenty of land for me and I'd
rather have a house next to me. I've been living on a cul -de -sac with nobody
II else there for a year and a half now so I'm totally pleased with the solution
we've worked out.
Councilwoman Dimler: Excuse me, the solution then that you're proposing is that
II the Lot 5 would be a variance to the 2.5?
Paul Krauss': Councilwoman Dimler, that's not what we're proposing. That's what
1 has been proposed by the developer. Right. ...variance to give the...to that
lot.
II
46 `
II
II
City Council Meeting - October 28, 1991
1
Councilwoman Dimler: Okay but now, my question was, why can't we take from Lot
C as was proposed earlier which I believe is 3 acres and could give to Lot 5
which then would not require a variance and would not affect the buyer. The
home buyer here.
Paul Krauss: Councilwoman Dimler, Jo Ann•Olsen mentioned that concern to me
earlier this evening and to be honest I don't remember the exact I know
we did a review of that when this first came up and because it was owned by an
individu,,1... 1
Councilwoman Dimler: I understand it's not sold.
Jim Peter Can I answer that. My name is Jim Peterson. I work for the 1
developer, George Nelson Associates. We looked into the possibility of
acquiring Lot 8. W_ sold Lot 8 to a private party who is not attempting to
resell the lot on his own. We no longer own Lot 8. Lot 8 contains 2.6 acres.
It says 3 acres on the preliminary plat but I believe by the time they did their
computation calculations it came to around 2.6 and so there wasn't enough land
on Lot C to combine with Lot 5 to avoid the variance question. So it's one
solution we did look at.
Councilwoman Dimler: So it is no longer an option then is what you're saying?
Jim Peterson: No.
Mayor Chmiel: Which is 1 /10 of... 1
Councilwoman Dimler: Well I was told it was 3 acres and hadn't been sold which
seemed like a wonderful solution to me.
Jim Peterson: Well we tried. We looked at all the solutions that would help us
out of thiE .
Mayor Chmiel: Right. Anyone else have any discussion?
Councilman Wor-kman' Well I guess, you know in talking to the engineering firm
abcut this and it really seems like the simplest idea. Met Council's current
revamped status on density like this is as long as this platted piece of
proper;, average: 2 1/2 acres. I suppose all of these 5 houses could be all on
one corner on 1/2 acre lots and they'd be okay so it's sort of a variance
I guess. To me tearing up asphalt and everything else based on well they made a
mistake so now they should fix it isn't cooperating I think as far as we could.
Or even going that way.
Mayor Chmiel: Okay. Mike, do you have anything?
Councilman Mason: I just basically agree with Tom. I think the only thing is 1
that's a pretty major mistake for somebody to do and in this situation, it looks
like it's working out to everyone's benefit and I don't have any trouble but you
know, if people are, if surveyors are making that kind of mistake, that's a
pretty big deal. But that's kind of water over the dam on this one I think:
Mayor Chmiel: Richard, do you have anything on this one?
47
1
- City Council Meeting - October 28, 1991
11
Councilman Wing: Mr. Mayor, I did not have an opportunity to go down there.
Mayor Chmiel: Ursula, you've indicated yours.
Councilwoman Dimler: Yes,. as long as that when that number 8 was no longer an
option I guess. I agree that we should do something to help the situation but I
don't want to have this happen in the future that the City bails them out
' Mayor Chmiel: Well once you establish precedent then of course you're there.
But it can be a case by case and consideration is looked at this and if the
property owner's happy with what's being proposed.
Councilwoman Dimler: See we may in the future may not be able to bail them out
because not everybody would be happy.
Mayor Chmiel: That's right.
Councilwoman Dimler: And that would put us in a real bad position.
Councilman Jr:: ig Not necessarily. I would be happy to vote no. I think as
long as people are happy here.
Mayor Chmiel: That': right and I think that's the key.
Councilwoman Dimler: So this should not be precedent setting.
1 Councilman Wing: Hopefully not.
Mayor Chmiel: No, but it could be considered by the opposition to come in and
support their case. So can I have a motion?
Councilman Workman: I would move approval of Preliminary Plat to replat Lake
Riley Wood. Second Addition to correct platting error.
Mayor Chmiel: Okay. And with this, Roger do you get involved in this?
Roger Knutson: This type of thing is done. I get involved when you come back
with the final plat and development contract.
1 Mayor Chmiel:' Okay. Is there a second?
Councilman Mason: Second.
1 Councilman Workman moved, Councilman Mason seconded to approve the Preliminary
Plat to replat Lake Riley Woods 2nd Addition to correct the platting error. All
11 voted in favor and the motion carried unanimously.
Jim Peterson: Can I take this opportunity to ask you one more question?
1 Mayor Chmiel: Yes, go ahead.
Jim Peterson: One of the things that was beneficial and helped bring this to a
head is the fact that we do have a letter of credit in effect with the City with
1 48
1
city council teeth . October 28, 1991
regard to our current development agreement. With the replat approved, now that
we know the road will remain in the same place we can go ahead and finish the
road and hopefully get it inspected by the City this fall and clean this off the
books. I believe staff is under direction from the City. We did have a time
deadline that did expire with regard to the letter of credit and with, by an
extension of the complete the work now we know the work can be completed to the
oriQinal specs.
Mayor Chmiel: I don't see any problem with that. Do you?
Paul Krauss We don't have a problem. As long as the letter of credit remains.
Jim Peterson: I think it remains in effect until the end of the year. Okay,
thank you.
ZONING AND SUBDIVISION ORDINANCE AMENDMENT TO AMEND SECTIONS REGARDING
LANDSCAPING AND TREE PRESERVATION REQUIREMENTS, FINAL READING; AND APPROVAL OF
SUMMARY ORDINANCE FOR PUBLICATION PURPOSES.
Mayor Chmiel • So moved.
Ccur,cilman Mason: Second.
Councilman; Workman: I move approval of it. 1
Councilwoman Dimler: Second.
Mayor Ohmic! Any other discussion? • ,
Cou :'iL_man Wing: Of what? Only what, that's all I want to know. 1
Councilman Mason The landscaping.
Councilwoman Dimler: Its been cleaned up. 1
Mayer Chniol: Any other discussion? I think we've already gone through this
Paul a couple different times and that's the only reason I'm saying this. Do
you wan' to clarify something?
PG:'_ Krauss: No. I thought you approved this at a special meeting but...
Mayor Chmiel: Yes we did. At the meeting we had with the special Council
meeting and we also had the budget was the night that we did approve it. To
make it formal if it wasn't then. We didn't take Minutes and so consequently,
all those in favor say aye.
Mayor Chmiel moved, Councilman Mason seconded to approve the Final Reading of
Zoning and Subdivision Ordinance Amendment to Amend Sections regarding
Landscaping and Tree Preservation Requirements and to approve the summary
ordinance for publication purposes. All voted in favor except Councilman Wing
who opposed and the motion carried with a vote of 4 to 1.
•
Councilman Wing: I think what we did was a grave mistake.
i
49
1
* **
PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects
1 -7" engineering *
November 27, 1991
Ms. Jo Ann Olsen, Senior Planner
City of Chanhassen
P.O. Box 147
Chanhassen, Minnesota 55317
RE: Lake Riley Woods 2nd Addition
P.E. Job #89049
Dear Ms. Olsen:
With the replatting of Lake Riley Woods 2nd Addition, we need to have the
drainage and utility easements, and Pineview Court vacated. Would you please
proceed with the vacation process.
The description that you could use would be: All drainage and utility easements
1 and Pineview Court as platted within Block 1, Lake Riley Woods 2nd Addition.
If you have any questions, please call.
' Sincerely,
PIONEER ENGINEERING, P.A.
II
•
Bill Rogers, L.S.
HWR:blh
CITY OF CHANNASSEN
DEC 0 2 1991
1
ENGINEERING DEPT.
1
1
2422 Enterprise Drive • Mendota Heights, Minnesota 55120 • (612) 681 -1914
i 2c,
I t
C ITYOF
.......m
_..._ g
• , IF
,,,, CHANHASSEN
, ,
,f. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
II ` (612) 937 -1900 • FAX (612) 937 -5739
1 MEMORANDUM
TO: Charles Folch, City Engineer
' FROM: Dave Hempel, Sr. Engineering Technician `i -�, AU
1 DATE: January 7, 1992
SUBJ: Approve Development Contract for Lake Riley Woods 3rd
Addition
II Project No. 92 -1
1 The attached development contractprepared for Lake Riley Woods 3rd
Addition incorporates the conditions of approval for final plat. In
addition, it also forwards the previous conditions of approval that
applied to Block 1, Lake Riley Woods 2nd Addition and puts forth
II these conditions into Lake Riley Woods 3rd Addition development
contract.
I Since the new development contract for Lake Riley Woods 3rd
Addition incorporates the previous conditions of approval for Block
1, Lake Riley Woods 2nd Addition it is no longer necessary for the
II previous development contract to remain recorded against the title
to the properties in Block 1. Therefore, it is recommended in
conjunction with recording of the new development contract for Lake
Riley Woods 3rd Addition that a general release of the Lake Riley
II Woods 2nd Addition development contract be granted to those parcels
in Block 1. The three parcels lying in Block 2, Lake Riley Woods
2nd Addition are not included in the replat and therefore remain
1 govern under the existing development tor Fake Riley Woods 2nd
Addition.
Construction of the public improvements in Lake Riley Woods 2nd
II Addition have all been completed with the exception of the final
wear course and gravel shoulders. These costs were previously
included in the development contract for Lake Riley Woods 2nd
II Addition. The developer has already paid the required
administrative fees and provided the financial security for the
public improvements with execution of the development contract for
1 Lake Riley Woods 2nd Addition. Therefore, no additional
administrative fees or financial security will be necessary with
the execution of this development contract except for recording
i fees.
II Of PRINTED ON RECYCLED PAPER
1
1 Charles Folch
January 7, 1992
Page 2
It is recommended that the City Council approve the attached
development contract for Lake Riley Woods 3rd Addition and grant a
general release of the Lake Riley Woods 2nd Addition development
contract over Block 1.
1 ktm
Attachment: Development Contract
1 c: Jim Peterson, George Nelson & Associates
1
O FICIAL ENGINEERING COPY
Received
Revision No.
Approved by City E ngineer
Date
Approved by City Council
Date
1
1
1
1
1
1
1
1
1
1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKE RILEY WOODS 3RD ADDITION
SPECIAL PROVISIONS 1
AGREEMENT dated , 1992, by and between the i
CITY OF CHANHASSEN, a Minnesota municipal corporation (the
"City "), and GEORGE NELSON ASSOCIATES, INC. (the "Developer ").
1. Request for Approval. The Developer has asked the City
to approve a plat for LAKE RILEY WOODS 3RD ADDITION (referred to
in this Contract as the "plat "). The land is legally described on
the attached Exhibit "A ".
2. Conditions of 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 prepared by Pioneer Engineering, approved by
the City Council on January 13, 1992.
Plan B- -Plans and Specifications for Improvements dated 11
May 6, 1987, revised June 20, 1989, prepared by Pioneer
Engineering. ,
4. Developer Installed Improvements. The Developer shall
install and pay for the following:
A. Street Wear Course & Gravel Shoulders
B. Underground Utilities
(gas, electric, telephone, CATV)
C. Setting of Lot and Block Monuments
D. Surveying and Staking
E. Landscaping
5. Time of Performance. The Developer shall install all
required improvements by November 30, 1992. 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. '
SP-1 1
11
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
11 improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$8,525.00. The bank issuing the security shall be subject to the
11 approval of the City Manager. The amount of the security was
calculated as 110% of the following:
Streets $ 6,550.00
' Engineering, Surveying and Inspection $ 700.00
Landscaping $ 500.00
' TOTAL COST OF PUBLIC IMPROVEMENTS $ 7,750.00,
This breakdown is for historical reference; it is not a restriction
on the use of the security. The Developer shall provide the City
with executed copy(ies) of the construction contract(s) for the
Developer - installed improvements to verify the security amount is
sufficient. The Developer shall increase the security amount to
' address any deficiency if so noted and requested by the City. The
security shall be for a term ending December 31, 1992. Individual
security instruments may be for shorter terms provided they are
' replaced at least thirty (30) days prior to their expiration. The
City may draw down the security, without notice, for any violation
of the terms of this Contract or if the security is allowed to
lapse prior to the end of the required term. If the required
Developer - installed 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 proceeds
' shall be used to cure the default. Upon receipt of proof
satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the
' security may be reduced from time to time by ninety percent (90 %)
of the financial obligations that have been satisfied. Ten percent
(10 %) of the security shall be retained until all improvements have
been completed, all financial obligations to the City satisfied,
and the required "as- built" plans have been received by the City.
7. Notices. Required notices to the Developer shall be in
' writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
' George Nelson Associates, Inc.
Attn: President
1660 South Highway 100
Suite 428
Minneapolis, MN 55416
Telephone: (612) 542 -8474
• Facsimile: (612) 542 -1711
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:
SP -2
1
I/
Chanhassen City Hall 11
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Telephone: (612) 937 -1900
Facsimile: (612) 937 -5379
8. Other Special Conditions.
A. No direct access for Lot 3,' Block 1 shall be
permitted to Trunk Highway 101.
B. No direct access shall be permitted for Lots 1 and 2,
Block 1, Lot 1, Block 2, or Lot 1, Block 3 to County Road 14.
C. All approved septic treatment systems shall be staked
to preserve them prior to any site grading. 1
D. The final wear course shall consist of 1; inches of
2341 plant mixed bituminous wearing course with 6 -foot wide 100%
crushed gravel shoulders.
E. Construction plans shall be retitled Lake Riley Woods
3rd Addition.
F. All construction shall be in accordance with the
City's latest edition of standard specifications and details for
rural construction.
G. The final plat shall be amended to include 10 -foot
wide drainage and utility easements along the north and west lines
of Block 1, Lake Riley Woods 3rd Addition.
9. General Conditions. The general conditions of this 1
contract are attached as Exhibit "B" and incorporated herein.
1
I
1
1
SP -3 1
1
CITY OF CHANHASSEN
BY:
(SEAL)
BY:
GEORGE NELSON ASSOCIATES, INC.
•
' BY:
Its
1 -
STATE OF MINNESOTA )
' (
COUNTY OF CARVER ) SS.
The foregoing instrument was acknowledged before me this
' day of , 1992, 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 )
COUNTY OF ( ss. )
I
day The o f foregoing instrument was acknowledged before me this
, 1992, by
Nota ry Public
DRAFTED BY:
Campbell, Knutson, Scott
' & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452 -5000
1 SP -4
I/
CONSENT
fee 1
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 port ion of the subject
property owned by them.
Dated this day of , 1992.
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this '
day of , 1992, by
Notary Public
1
11
i
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452 -5000
SP -5 1
1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
11 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 agree-
ment 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 written letter that the foregoing con-
ditions 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
II 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.
' Approved by the
City Council on
' 2/22/88.
REVISED 8/8/88 - 19Q, R and S Added.
REVISED 9/20/88 - 19I Revised.
REVISED 3/22/89 - 12 and 17 Revised.
' REVISED 4/20/89 - 19T and U Added.
REVISED 6/12/89 - 6 Revised.
REVISED 8/8/89 - 15 Revised.
I REVISED 4/3/90 - 11 and 19I Revised.
REVISED 5/10/90 - 19T Revised.
REVISED 2/26/91 - 6 Revised.
REVSSED 7/17/91 - 19F and G Deleted, new paragraph 19F
GC -1
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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 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 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.
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 1
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
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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
Developer shall remove and dispose of the erosion control, i.e.
hay bales and silt fence.
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 all blowables, from streets and the
surrounding area that has resulted from construction work by the
11 Developer, its agents or assigns.
8. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construc-
tion 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 labor, 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 pro-
ceedings as it pertains to the letters of credit deposited with
the District Court, except that the Court shall retain jurisdic-
tion 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.
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:
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Maples Honeylocust Ash Ginko (male only) 1
Linden Hackberry Basswood Kentucky Coffee Tree
Green Ash Oak Birch
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 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 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; 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 work-
manship 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 maintenance bonds (Miller -Davis Company
form No. 1636 or equal) 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 per -
mits 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 respread against the plat in accordance
1 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.
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16. 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.
17. Responsibility for Costs.
1 A. The Developer shall pay an administrative fee
in conjunction with the installation of the plat improvements.
This fee is to cover the cost of City staff time and overhead for
items such as review of construction documents, preparation of
the Development Contract, monitoring construction progress, pro-
cessing 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
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 (2 0) of
construction costs for the first $1,000,000 and one and
one -half percent (1 } %) 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 impro-
vements is defined in paragraph 6 of the Special Provisions.
' B. In addition to the administrative fee, the
Developer shall reimburse the City for all out -of- pocket costs
incurred by the City for providing resident construction inspections.
' This cost will be periodically billed directly to the Developer
based on the actual progress of the construction. Payment shall
be due in accordance with Article 17E of this agreement.
C. The Developer shall hold the City and its offi-
cers 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 attorney's
fees.
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E. The Developer shall pay in full all bills sub-
mitted 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. 1
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.
18. 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.
19. 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 other-
wise approved by the City Engineer.
B. Postal Service. The Developer shall provide
for the maintenance of postal service in accordance with the
local Postmaster's request.
C. Third Parties. Third parties shall have no ,
recourse against the City under this Contract.
D. Breach of Contract. Beach of the terms of this 11 Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability. If any portion, section, subsec- 1
tion, 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
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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 shall 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 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 main-
tain 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 pro-
perty 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
I 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 can-
cellation 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, express 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.
R. Assignability. The Developer may not assign
this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the
entire plat, or any part of it.
' L. Construction Hours. Construction equipment may
only be operated in the plat between 7:00 a.m. and 6:00 p.m.,
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onday through Saturday. Operation of construction equipment IF
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 respon-
sibility 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 1
subdivision are accepted by the City. Warning signs shall be
placed by the Developer when hazards develop in streets to pre-
vent 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 ser-
vice 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 unac-
ceptable 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. 1
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 1
shall furnish the City with evidence satisfactory to the City
that it has the authority of the fee owners and contract for deed
purchasers to enter into this Development Contract.
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. 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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