1c. Plans & Specs & Dev Contract for Trappers Pass I
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CITY OF _ 6
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1 _,„i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
IMEMORANDUM
TO: Gary Warren, City Engineer
IFROM: Dave Hempel , Sr. Engineering Technician
DATE: April 2, 1990
I
SUBJ: Approve Plans and Specifications and Development Contract
for Trappers Pass at Near Mountain 4th Addition
IProject No. 90-6 (pvt)
I The construction plans for Trappers Pass at Near Mountain 4th
Addition dated March 12 , 1990 for street and utility improvements
have been submitted by Sathre-Bergquist, Inc. A grading and ero-
sion control plan is also attached to the construction plans.
I The street and utility plans appear to be consistent with the
conditions and stipulations contained in the final plat review
process which was approved at the March 26 , 1990 City Council
Imeeting.
The attached development contract reflects the conditions and
I stipulations of approval contained in the preliminary and final
plat review process.
It is therefore recommended that the street and utility construc-
I tion plans and specifications prepared by Sathre-Bergquist, Inc.
dated March 12, 1990 along with the development contract for
Trappers Pass at Near Mountain 4th Addition be approved with the
Ifollowing condition:
1. The street grades on both Rojina Lane and Stag Horn Lane
I shall be modified to provide a 75-foot landing area before
intersecting the cross street.
ktm
IAttachments: 1. Plans and Specifications. l7FF1ctAtENGINEERING COPY
I 2 . Development Contract.
Received
Revision No.
Approved by City Engineer ,Cj��`a
iDate rg
Approved y City Council
I Date
CITY OF CHANHASSEN
'
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TRAPPERS PASS AT SEAR MOUNTAIN 4TH ADDITION
' SPECIAL PROVISIONS
tAGREEMENT dated , 19 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
' "City") , and LUNDGREN BROS. CONSTRUCTION, INC. , a Minnesota
corporation (the "Developer " ) .
1. Request for Plat Approval. The Developer has asked
' the City to approve a plat for TRAPPERS PASS AT NEAR MOUNTAIN 4TH
ADDITION (referred to in this Contract as the "plat") . The land
is legally described on the attached Exhibit "A" .
2. Conditions of Plat Approval. The City hereby
approves the plat on condition that the Developer enter into this
' Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans . The plans shall not be
' attached to this Contract . With the exception of Plan A, the
plans may be prepared , subject to City approval, after entering
the Contract, but before commencement of any work in the plat.
' If the plans vary from the written terms of this Contract, the
written terms shall control . The plans are:
Plan A--Plat dated April 9, 1990 , prepared by
' Sathre-Bergquist, Inc.
Plan B--Grading, Drainage, and Erosion Control Plan dated
' March 12 , 1990 , prepared by Sathre-Bergquist, Inc .
Plan C--Plans and Specifications for Improvements dated
' March 12, 1990 , prepared by Sathre-Bergquist, Inc .
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
' SP-1
5. Time of Performance. The Developer shall install I.all required improvements by July 31 , 1991. 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 $ 285,681.00 . The amount of the security was calculated
as 110% of the following: I
Sanitary sewer $ 37 ,200.00
Watermain $ 35 ,200. 00
On-site storm sewer $ 25 .500. 00
Streets $ 71 ,000 .00
Street lights and signs $ 1, 200. 00
Erosion Control $ 4,000 .00
Engineering, surveying,
and inspection $ 23,610 .00
Landscaping $ 2,000. 00
Site Grading $ 60 ,000 .00
TOTAL COST OF PUBLIC IMPROVEMENTS $ 259,710.00 ,
This breakdown is for historical reference; it is not a
restriction on the use of the security. The security shall be
subject to the approval of the City . The security shall be for a
term ending December 31 , 1991. 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 obligations are paid, but in no case shall the security
be reduced to a point less than 10% of the original amount until
all improvements are complete and accepted by the City. ,
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:
Lundgren Bros. Construction, Inc.
Attn: President
935 East Wayzata Blvd.
Wayzata , MN 55391
Telephone: (612 ) 473-1231
Facsimile: (612 ) 473-7401
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II 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:
IChanhassen City Hall
690 Coulter Drive
P.O. Box 147
II
Chanhassen, Minnesota 55317
Telephone: ( 612 ) 937-1900
Facsimile: (612 ) 937-5739
I8. Other Special Conditions.
I A. A tree removal plan shall be provided at the
time of building permit application for Lots 1 through 5, Block
1 , Lots 1 through 7 , Block 2 and Lots 3 through 8, Block 3.
I B. The developer shall comply with all conditions
alteration permit.
I C. All erosion control shall be Type III. If the
developer chooses to remove and properly dispose of the erosion
control fence , after authorization from the City, he will be
entitled to a rebate of 75% of the $1 .00/foot removal fee imposed
IIunder the General Conditions, paragraph 6.
D. Wood-fiber blankets or equivalent shall be
Iutilized to stabilize slopes greater than 3:1.
E. All street and utility improvements shall
Iconform to the City ' s standards for urban construction.
F. The developer shall submit for approval by the
City Engineer details for the construction of the barricade on
II the dead-end and temporary turnaround of Trappers Pass between
Outlot A and Lot 1 , Block 1 and Lot 8, Block 3. In addition, a
sign shall be posted on the barricade indicating that "This
Istreet shall be extended in the future" .
G. Details for the construction of the proposed
I retaining wall along both sides of Trappers Pass dead-end shall
be submitted as a part of the plans and specifications review for
approval by the City Engineer. The retaining walls shall be
constructed outside the City 's right-of-way. Maintenance shall
Ibe the responsibility of the property owner.
H. All appropriate drainage and utility easements
I along the side, front and rear of the lots in addition to all
appropriate drainage and utility easements for ponding sites and
storm sewer facilities shall be shown on the final plat.
II . All driveways shall access internal streets to
the subdivision . No driveways shall be allowed to access
Pleasant View Road.
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J. The final plat shall describe the ponding area II
within Block 2 as a drainage and utility easement.
K. On Lot 1 , Block 2 and existing storm sewer line
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intersects the east corner of the lot. A 20-foot wide drainage
and utility easement, 10 feet on each side of the line, shall be
dedicated on the final plat. 1
L. A storm sewer line is proposed through Lots 2,
3 , 4 and 5 , Block 2 . A 20-foot wide drainage and utility
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easement shall be dedicated along the lot lines on the final plat
to reserve enough room for the City to perform maintenance on the
line and the ponding area .
M. The developer shall obtain and comply with all II
conditions of the Watershed District permit.
N. The developer shall stake the 75-foot wetland 1
setback line (Lots 1 through 4, Block 3 ) with permanent iron
monuments.
II9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 22, 1988 , are
attached as Exhibit "B" and incorporated herein . I
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CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
(SEAL)
BY:
Don Ashworth , City Manager
DEVELOPER:
LUNDGREN BROS. CONSTRUCTION, INC.
BY:
Peter Pflaum, President
' STATE OF MINNESOTA )
ss .
' COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel , Mayor,
' and by Don Ashworth , City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by Peter Pflaum, the
President of Lundgren Bros. Construction, Inc. , a Minnesota
corporation, on behalf of the corporation.
Notary Public
DRAFTED BY:
City of Chanhassen
' 690 Coulter Drive
Chanhassen, MN 55317
( 612 ) 937-1900
' SP-5
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CITY OF CHANHASSEN I
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
accordance with City standards, ordinances, and plans and 1
Approved by the
City Council on
2/22/88.
REVISED 8/8/88 - 19Q, R and S Added.
REVISED 9/20/88 - 191 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 Revised.
GC-1 '
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
restored, even if construction has been completed and accepted.
' After the site has been stabilized to where, in the opinion of
the City, there is no longer a need for erosion control , the City
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will remove the erosion control measures . Before the City signs
the final plat, the Developer shall pay the City a fee of $1 .00
per foot of erosion control that is required to be constructed in
accordance with the erosion control plan for the plat, Plan B, to
cover the City ' s cost for removal .
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 11 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 . I
11. Landscaping. Unless the lot already has one tree
in the front yard of suitable species, the Developer shall plant
a tree in the front yard of every lot in the plat. Suitable
trees include:
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II Maples Honeylocust Ash Ginko (male only)
Linden Hackberry Basswood Kentucky Coffee Tree
Green Ash Oak Birch
I 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
I bark, are prohibited. 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
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any sod required as a part of the Erosion Control Plan (Plan B) ,
the Developer shall sod the boulevard area and all drainage ways
on each lot utilizing a minimum of four inches of topsoil as a
I 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
I 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
I returned. The City has established the financial guarantee at
$750; however, this may be increased annually based upon cost.
These requirements supplement but do not replace specific
II landscaping conditions that may have been required by the City
Council for project approval .
II 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
I 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
I 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
I 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.
II14. Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordance
with City standards.
II15. Street Lighting. The Developer shall have installed
and pay for street lights in accordance with City standards . A
I 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
II 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
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 (2f%) of
construction costs for the first $1,000 ,000 and one and
one-half percent (1f$) 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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11 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 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.
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. 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
i GC-6
in completion of public improvements and damage to public im-
provements caused by the City, Developer, its contractors , sub-
contractors, materialmen, employees, agents, or third parties.
G. Occupancy. Unless approved in writing by the 1
City engineer , no one may occupy a building for which a building
permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous
surface.
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 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.
I. Release. This Contract shall run with the land
and may be recorded against the title to the property. After the
Developer has completed the work required of it under this
Contract, at the Developer 's request the City Manager will issue
a Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make 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 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.
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.
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11 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
Ientire plat, or any part of it.
M. Construction Hours. Construction equipment may
I 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,
I Memorial Day, July 4th , Labor Day, Thanksgiving Day, Christmas
Eve Day, and Christmas Day.
N. Access. All access to the plat prior to the
I 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.
IO. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
I 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
I 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
I 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
II snow plowing operations . The provision of City snow plowing ser-
vice does not constitute final acceptance of the streets by the
City.
IP. Soil Treatment Systems. If soil treatment
systems are required , the Developer shall clearly identify in the
I 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
I 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.
IQ. Variances. By approving the plat, the
Developer represents that all lots in the plat are buildable
I 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:
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1. City of Chanhassen; It
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 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.
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
suitability of soils nor the cost of correcting any unsuitable
soil conditions which may exist.
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