8b. Troendle Addition approve Dev Contract ,
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cHANHAssEN
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,.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
I -,1• kiwi IT CitY AdmIni*Itr
--- --....
111 MEMORANDUM
, 7.----
TO: Charles Folch, City Engineer
f f . c s-4 :-. 1 .: 1 :::: ::: :• :g7 :: ::: :7 - 7, 4: -
111 FROM: Dave Hempel, Sr. Engineering Technicia
, 1 N...■•••••■••,-.........-
DATE: August 8, 1991 &:_7,.
I SUB.)" : Approve Development Contract for Troendle Addition
Project No. 91-13
The attached development contract reflects the conditions of
• approval for preliminary and final plat of the - above-referenced
1 project. Due to the changes in the phasing of the final prat, it
may be necessary to incorporate additional requirements or delete ,
existing ones as needed in conjunction with final plat approval.
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It is recommended that the attached development- contract be
approved conditioned upon any additional 'conditions that may be
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II attached to it with the final plat approval process.
ktm
I c: Daryl Fortier, Fortier & Associates
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11 CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
' TROENDLE ADDITION
SPECIAL PROVISIONS
AGREEMENT dated August 12 , 1991, by and between the
CITY OF CHANHASSEN,_a Minnesota municipal corporation (the
"City "), and FRANK BEDDOR, JR. and MARILYN A. BEDDOR, husband and
wife (the "Developer ").
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for TROENDLE ADDITION (referred to in
this Contract as the "plat "). The land is legally described on
the attached Exhibit "A ".
1 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
1 written terms shall control. The plans are:
Plan A- -Final Plat prepared by Lot Surveys, Co., Inc.,
approved by the City Council on August 12, 1991.
Plan B -- Grading, Drainage, and Erosion Control Plan dated
1 September 17, 1990, revised June 24, 1991,
prepared by Ulteig Engineers, Inc.
Plan C- -Plans and Specifications for Improvements dated
1 June 24, 1991, prepared by Ulteig Engineers, Inc.
4. Improvements. The Developer shall install and pay
for the following:
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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)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Removal of Temporary Cul -de -sac on Nez Perce in
Vineland Forest Addition
5. Time of Performance. The Developer shall install 1
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.
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 $ 164,538.00 . The amount of the security was calculated
as 110% of the following:
Sanitary sewer $ 17,133.00
Watermain $ 20,173.00
On -site storm sewer $ 19,778.00
Streets $ 55,597.00
Street lights and signs $ 500.00
Erosion Control $ 1,155.00 1
Engineering, surveying,
and inspection $ 12,689.00
Landscaping $ 2,555.00
Site Grading
(streets and pond) $ 10,000.00
Extension of Nez Perce
(assessments) $ 10,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS $ 149,580.00
This breakdown is for historical reference; it is not a restric-
tion 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, 1992. The City may draw down the security,
without notice, for any violation of the terms of the 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
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security may be reduced from time to time as financial obliga-
tions 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.
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:
' Frank Beddor, Jr. and Marilyn A. Beddor
7951 Powers Boulevard
Chanhassen, MN 55.317
Telephone: (612) 474 -0231
' copy to: Julius C. Smith
Edina Office Center, Suite 108
' 7600 France Avenue South
Minneapolis, MN 55435
Notices to the City shall be in writing and shall be either hand -
delivered to the City Manager, or mailed to the City by
registered mail in care of the City Manager at the following
address:
' Chanhassen City Hall
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Telephone: (612) 937 -1900
8. Other Special Conditions.
A. A tree removal plan consistent with City
' ordinances and policies shall be submitted for Lot 1, Block 1
prior to issuance of a building permit. Clear- cutting, except
for the house pad and utilities, is prohibited.
' B. The Developer shall obtain and comply with all
conditions of the Watershed District permit.
1 C. Final street and utility plans shall be
developed for approval by the City Engineering Department.
' D. The Developer shall install erosion control
silt fence around the ponding area until such time that turf is
established. Turf or sod shall be placed behind all curbing.
E. Lot 1, Block 1 and future development of Outlot
A shall share a driveway access off Pleasant View Road and a.
cross - access easement shall be provided. This common section of
driveway shall be constructed to a seven (7) ton design paved to
a width of twenty (20) feet and have a maximum grade of ten
percent (10 %).
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F. The Developer shall provide the following easements:
1. The drainage easement along the westerly 1
property line of Lots 9 through 11, Block
2, and the ponding area on Outlot A
(previously Lots 3 and 4, Block 1) as shown
on the Grading and Erosion Control Plan,
shall also be shown as a drainage and
utility easement on the final plat 11 accordingly.
2. Provide revised right -of -way easements
along Nez Perce in the Vineland Forest
Addition plat (Lot 1, Biock 1) to eliminate
the "jog" in the right -of -way between this
plat and the Troendle Addition. In return,
the City agrees to vacate a portion of the
northerly right-of-way on Lot 3, Biock 3,
Vineland Forest Addition.
G. Park and trail fees shall be paid in lieu of
parkland dedication. The fees for a lot shall be paid at the 11 time a building permit is issued for the lot.
H. A temporary 42 -foot radius cul -de -sac shall be
constructed at the westerly terminus of Nez Perce. A temporary
easement shall be provided to the City by the Developer for
construction of the cul -de -sac. A barricade equipped with a sign
indicating the road will be extended in the future shall be
erected by the Developer.
I. Lots 1 and 11, Block 2 shall only have access
from Troendle. Driveway access from said lots onto Nez Perce
Drive is prohibited.
J. The existing building on Lot 2, Block 1 shall
be removed by the owner or brought into conformance with
ordinance setback requirements before a building permit will be
issued for the lot or change of ownership of the property.
K. The gravel driveway providing access for Lot 2,
Biock 1, situated on Lot 1, Block 1, to Pleasant View Road shall
be removed on or before a building permit is issued or if there
is an ownership change for said Lot 2, Block 1. Thereafter, the
driveway for said Lot 2, Block 1 shall only be on Nez Perce Drive.
L. The plat may be filed and developed in two 1
phases. Phase I is to include Lot 1, Block 1, Lots 1 through
11 inclusive, Block 2 and the remaining property platted as
Outlot A. The Developer agrees, in writing, that the land in
Phase I shall be assessed $10,000 for the extension of Nez Perce
Drive through the property to the west of said plat to a direct
or indirect connection to Pleasant View Road (said assessment to
be divided among the total lots in Phase I). The assessment
shall be deemed adopted on the date this Contract is signed by
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the City. The Developer waives 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. The Developer
' waives any appeal rights otherwise available pursuant to M.S.A.
§429.081.
M. Lots 1 and 11, Block 2 are required to have
access from Troendle Circle.
9. General Conditions. The general conditions of this
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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
BY:
Donald J. Chmiel, Mayor II
(SEAL)
BY: , Don Ashworth, City Manager
DEVELOPER
BY:
1 Frank Beddor, Jr.
BY:
Marilyn A. Beddor
F MINNESOTA
STATE O A )
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 Frank Beddor, Jr. and
Marilyn A. Beddor, husband and wife.
Notary Public
1
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, MN 55122
(612)456 -9539 ,
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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 sub-
ject property owned by them.
Dated this day of , 19
1
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by
1 Notary Public
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MIMI AM I= 11111 • IMII =II MN 11111 • MN INI MIN IIII MI I MI MO NM In
PLAT FILE NO.
. TROENDLE ADDITION
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SHEET 2 OF 2 SHEETS
1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
' EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
' platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water-lines, streets,
• • utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this 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.
1 2. Phased Development. If the plat is a phase of a
multi - phased preliminary plat, the City may refuse to approve
final plats of subsequent phases if the Developer has breached
this Contract and the breach has not been remedied. Development
of subsequent phases may not proceed until Development Contracts
for such phases are approved by the City.
3. Effect of Subdivision Approval. For two (2) years
from the date of this Contract, no amendments to the City's
' Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to
or affect the use, development density, lot size, lot layout or
' dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the
Developer. Thereafter, notwithstanding anything in this Contract
to the contrary, to the full extent permitted by state law the
' City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
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.
' REVISED 4/3/90 - 11 and 19I Revised.
REVISED 5/10/90 - 19T Revised.
REVISED 2/26/91 - 6 Revised.
REVISED 7/17/91 - 19F and G Deleted, new paragraph 19F
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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
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
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 11. Landscaping. Unless the lot already has one tree
in the front yard of suitable species, the 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)
Linden Hackberry Basswood Kentucky Coffee Tree
Green Ash Oak Birch
Other species of trees may be approved by the building inspector. II 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 proh'bited. The minimum tree size shall be two and
one -half (2i) 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
with City standards.
15. Street Lighting. The Developer shall have installed '
and pay for street lights in accordant'- 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.
' 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
1 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 (2i %) of
construction costs for the first $1,000,000 and one and
one -half percent (1i %) 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 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.
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 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.
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. 1
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
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-
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.
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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1 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 �f 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
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.
1 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.
K. Assignability. The Developer may not assign
this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force
' and effect even if the Developer sells one or more lots, the
entire plat, or any part of it.
L. Construction Hours. Construction equipment may
only be operated in the plat between 7:00 a.m. and 6:00 p.m.,
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1
onday through Saturda Operation of construction equipment g Saturday. OP is q P
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 1
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
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 1
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.
P. Variances. By approving the plat, the 1
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. 1
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 to enter into this Development Contract.
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1
. Soil Conditions. The es Developer acknowledges
g
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
1 suitability of soils nor the cost of correcting any unsuitable
soil conditions which may exist.
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