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2a. Dev Contract, Chan Haven Plaza act. . CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 t (612) 937-1900 • FAX (612) 937-5739 1 MEMORANDUM 1 TO: Don Ashworth, City Manager FROM: Charles Folch, Assistant City Engineer DATE: February 4 , 1991 SUBJ: Approve Development Contract For Chan Haven Plaza 3rd Addition Project No. 91-2 (pvt) 1 The attached Development Contract prepared for Chan Haven Plaza 3rd Addition incorporates the recommended conditions of approval for the final plat. Therefore, it is recommended that the City Council approve the attached Development Contract for Chan Haven t Plaza 3rd Addition conditioned upon receipt of a signed Development Contract, an acceptable letter of credit or cash escrow in the amount of $82,641. 35 and an administrative fee in the amount of $2,473. 86 . lap c : Paul Krauss, City Planner Dave Hempel, Sr. Engineering Technician Donald F. Hagen, Hagen Properties t Walter H. Rockenstein II, Faegre & Benson Stan Kroyzwicki, System Controls t 1 1 1 1 i I CITY OF CHANHASSEN DEVELOPMENT CONTRACT ' (Developer Installed Improvements ) SPECIAL PROVISIONS AGREEMENT dated , 19 , by and between ' the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City" ) , and CHANHASSEN HOLDING COMPANY, a Minnesota Partnership (the "Developer") . ' 1. Request for Plat Approval. The Developer has asked the City to approve a plat for CHAN HAVEN PLAZA 3RD 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 has approved 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 approved by City Council on January 28, 1991, prepared by Schoell & Madson, Inc. ' Plan B--Grading, Drainage, and Erosion Control Plan approved by the City Council on January 28, 1991, prepared by Pope & Associates, Inc. Plan C--Plans and Specifications for Improvements dated February, 1991 prepared by Sunde Engineering . 1 1 SP-1 1 I I I 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) J. Setting of Lot and Block Monuments K. Surveying and Staking , 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 the 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 $82, 641 .35 . The amount of the security was calculated as 110% of the following: Sanitary Sewer $ 8506 .50 Watermain $ 6080 . 00 On-site Storm Sewer $ 3936 .00 Streets $ 31, 040 .00 Street Lights and Signs $ 300 .00 Erosion Control $ 4800 .00 Engineering & Surveying $ 5466 . 00 Landscaping $ 15 ,000 .00 ' TOTAL COST OF PUBLIC IMPROVEMENTS $ 75,128.50 I 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 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. 1 SP-2 I 11 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: Chanhassen Holding Company 14201 Excelsior Blvd. Minnetonka, MN 55345 ( 612 ) 935-3486 Prospective Fee Owner: 1 Systems Control, Inc . Suite 220 ' 9555 James Avenue South Bloomington, MN 55431 Notices to the City shall be in writing and shall be either hand- 1 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. (This section to include conditions of approval from the plat review and plan and speci- fication review process ) . a. The developer must revise plans to include a mansard roof on the proposed building. Plans must be ' submitted and must be approved by the City staff . Plans should also illustrate screening for HVAC equipment. Wood slat screens are unacceptable. b. The developer must obtain a sign permit prior to erecting any signage on site. Provide a sign plan incorporating the following elements . 1 . Monument signage incorporating waiting time information . 2 . On site directional signage as outlined in the staff report approved by City Council on January 28 , 1991 . 3 . MnDOT/Hwy. 5 signage to direct westbound traffic from Eden Prairie to enter the site via the Dell Road/Lake Drive intersection subject to Minnesota Pollution Control Agency and MnDOT approval . I SP-3 11 I c. The driveway shall be designed to incorporate a 36 ' width curb and gutter, storm sewer and a 9 ton design . Plans to be approved by the City. A permanent cross easement and maintenance agreement acceptable to the City Attorney shall be drafted and filed against all current and future lots in the Chan Haven Plaza 3rd Addition plat. A restriction shall be filed indicating that all lots in the plat and any future divisions are to gain access via the private drive . Provide a stop sign at the intersection of the private drive and Lake Drive . d. The developer shall obtain a permit from the Watershed District and comply with all conditions of the permit. Drainage plans shall be revised as outlined in the approved staff report and shall be submitted to City staff for approval. When the easterly portion of Chan Haven Plaza 3rd Addition develops in the future, the storm sewer outlet located east of the private drive shall be extended to the future detention pond and the temporary ditch shall be eliminated. . e . Type III erosion control shall be used along the edge of the Class B wetland. ' f . Plans for landscaping south of Lake Drive shall be refined to avoid existing trees and to ensure that all material is located on private property in a protective easement running in favor of the City. The developer shall also provide staff with a detailed cost estimate of landscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to building permit issuance. ' g . The developer shall construct the sanitary sewer and watermain and street improvements in accordance with city standard specifications and shall prepare final plans and specifications and submit for City approval . The developer shall acquire a utility construction permit from MnDOT and acquire the ' proper permits from the Pollution Control Agency and the Department of Health. h . The developer shall enter into a development ' contract with the city and provide the necessary financial securities as required. i . The developer shall provide flammable waste separator as required by building code . j . Provide a complete, final set of civil engineering documentation to staff for review and approval . SP-4 I I k. Park and trail dedication fees to be assessed at the time building permits are requested. 1 . Provide the following easements: 1 . Standard drainage and utility easements around the perimeters of all lots. 2 . Drainage and conservation easement located over the wetland on Lot 1 . 3 . Thirty foot wide utility easements centered on sanitary sewer and watermain located outside of public rights-of-way. ' 4 . Drainage and utility easement dedicated over Lot 2 to accomplish the temporary drainage ditch and ' future extension of storm sewer. 5 . Plat the future right-of-way along the Hwy . 5 frontage to accommodate the Hwy . 5 improvement ' project as an outlot. 6 . Cross access and utility easements located over ' the proposed private driveway. These easements shall run in favor of Lots 1 and 2 and any future subdivisions thereof and shall be drafted in a manner acceptable to the City Attorney. - This easement shall also be drafted and filed concurrently with a private maintenance agreement acceptable to the City. 7 . Landscaping easement over the planted area located south of Lake Drive running in favor of 1 the City. m. Staking, Surveying and Construction Engineering. It ' is agreed that the Developer, through his registered professional engineer, shall provide for all staking, surveying and construction engineering for the above-described improvements in order to ensure ' that the completed improvements conform to the approved plans and specifications . The City will provide for construction inspection. ' n . City Disclaimer. It is hereby agreed, anything to the contrary herein notwithstanding, that the City of Chanhassen, the City Council and their agents or ' employees shall not be personally liable or respon- sible in any manner to the Developer, the Developer 's contractor or subcontractor, material ' men, laborers or any other person or persons whom- soever, for any claim, demand, damages, actions or SP-5 I causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and the improvements provided herein, and that the Developer shall hold the City harmless from all such claims , demands , damages, actions or causes of actions , or the costs , disbursements, and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering ser- vices and costs of legal services rendered in con- nection with defending such claims as may be brought against the City. This disclaimer shall not be interpreted to include actions resulting from the City' s breach of provisions of this contract. The Developer shall hold the City and its officers , agents, consultants 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 attorney' s fees . 9 . General Conditions. The general conditions of this Contract, approved by the City Council on February 22, 1988, are attached as Exhibit "B" and incor- porated herein, except as modified herein: Section III . Landscaping. Delete sentence "Unless lot has every lot in the plat. " Replace with: Landscaping shall conform with the approved landscape plan . Section 19M. Construction Hours . Working hours shall be modified to read as 7:00 a.m. to 6: 00 p.m. Monday through Friday and 9: 00 a.m. to 6:00 p.m. Saturdays . Section 19N. Access. Shall not apply. Section 190 . Street Maintenance. Shall not apply. ' SP-6 1 11 11 CITY OF CHANHASSEN I BY: Donald J. Chmiel, Mayor (SEAL) BY: IIDon Ashworth, City Manager 1 DEVELOPER: BY: Its: Partner BY: IIts: Partner 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 Ipursuant to the authority granted by its City Council . INotary Public STATE OF MINNESOTA ) I ss . COUNTY OF ) I The foregoing instrument was acknowledged before me this day of , 19 , by I IINotary Public II SP-7 II I _ CONSENT 1 SYSTEMS CONTRO , INC . , fee owners ofa i or pa:t oa the subject property, the .development of 1 which is go 'erned by the for. going Development Contract, affirm and consent to the prcv.ts ions thereof .aqd agree to be bound by the provisions as the saire may apply to that portion of the sub- ject property owned by them. I Dated this 1 da.•? of _r_d-14. 2 , 19.9.1 . *---=-1--. -4-• (s,- ., 7 il• ..,..___ � . S.1 s h -✓: c - .` 1 STATE OF MINNESOTA �/ ) ss . COUNTY OF ,-A\i-r ck5;N, ) _ 1 Thc. forego:_r ir:strunent was acknowledged before me this +1'W day o - l i k:j.::, , 19'-'),\., by t:�,; _,y: + ` •,,.•r_\ i^ ' . . I ,•., _t_A -- -,� r Notary Public r E iif t.. . --�v--- -4:. is"c: - r':_-ti:-.. . 1 I - I 1 • 1 . I 1 • 1 SP-8 1 I 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. 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 ' Approved by the City Council on 2/22/88 . REVISED 8/8/88 - 19Q, R and S Added. I 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. GC-1 I accordance with City standards, ordinances, and plans and speci- fications 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 per- formed to an acceptable level of quality in accordance with the II 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 sta- tioning 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 111 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 GC-2 i I the City, there is no longer a need for erosion control, the Developer may remove 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 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 . 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 Honeylocust Ash Ginko (male only) Linden Hackberry Basswood Kentucky Coffee Tree ' Green Ash Oak Birch GC-3 11 I 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 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 . Prior to the issuance of builing per- mits, 3 . Lot Plans. P o o e ce g p 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 drainange 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 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 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; ' GC-4 I 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 ( 2i% ) of construc- tion 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-improve- ments 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 inspec- tions . This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 17E of this agreement. ' C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indem- nify the City and its officers and employees for all costs, dama- ges, 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 attor- ney's fees . 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 to, sewer availability charges ( "SAC") , City watbr connection charges, City sewer connection charges, and building permit fees . 13. Developer 's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, ' GC-5 I 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 addi- tion to its other remedies, assess the cost in whole or in part. I 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. ' 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 . E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Delays. If building permits are issued prior to ' the completion and acceptance of public improvements, the Developer assumes all resulting liability and costs from delays in completion of public improvements and damage to public improve- ments caused by the City, Developer, its contactors, sub- contractors, materialmen, employees, agents, or third parties. G. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building per- mit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous sur- face . H. 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 resolu- tion of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release . i GC-6 I I. 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. J. 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 prop- erty damage which may arise out of Developer 's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500, 000 for one person and $1, 000, 000 for each occurrence; limits for property damage shall be not less than $200, 000 for each occurrence; or a combination single limit policy of $1, 000, 000 or more. The City shall be named as an additional insured on the policy, and the developer shall file with the City a certificate evidencing coverage prior to the City- signing the plat. The certificate shall provide that the City must be given ten (10 ) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 11 K. 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. ' L. 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. 1 M. 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. N. 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. GC-7 1 I O. 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 street 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. P. 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 Q. 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 . R. 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. S. 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. T. 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 maylmake 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. GC-8 II II U. 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 I suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. I - - - END OF GENERAL CONDITIONS - - - I 1 I I I I I I I I I GC-9 I .