8c CSM Develop Contract/PlansCITYOF
3HANHASSEN
7{y Center Drive, PO Box 147
~hassen, Minnesota 55317
Rhone 612.93Z 1900
neral Fax 612.93Z5739
~eering Fax 612.93Z9152
~ Safe~y Fax 612.934.2524
www. ci. chanhassen, mn. us
TO:
FROM:
DATE:
SUB J:
Anita Benson, City Engineer
Dave Hcmpcl, Assistant City Engineer ~
August 4, 1999
Approve Development Contract and Construction Plans and
Specifications for Southwest Tech Center - Project No. 99-17
The attached development contract incorporates the.conditions of approval from the
final plat and construction plans and specifications review process. Staff has calculated
the required financial security to guarantee compliance with the terms of the.
development contract at $405,090 and the developmem contract administration fees
total $161,697.95. This amount includes SWMP fees and 1/3 Park and Trail fees.
The applicant has also Submitted detailed' construction plans and specifications for staff
review and City Council approval. Staff has reviewed the construction plans and
specifications and finds them in general conformance with City standards. It is
therefore recommended that the construction plans and specifications for Southwest
Tech Center dated July 26, 1999, prepared by RLK-KuusiSto, Ltd. and the
development contract dated August 9, 1999 be approved conditioned upon the
following:
The applicant enter into the development contract and'supPly the City with a
cash escrow or letter of credit in the amount of $405,090 and pay an
administration fee of $161,697.95.
jills
Attachments: 1.
2.
Development contract dated August 9, 1999.
Breakdown of Administration Fees.
c: John Dietrich, RLK-Kuusisto
\~cfsl\vol2XengXproj~cts~southwost t~cDapprovo dc.ce.dot
O:FFJOI^L ENGINEERING COPY
Reoetved -.
y ofChanhassen, d growin commumty with clean lakes, quality schools, a charmin downtoibn, thffvin businases, and beauti I arks 'A 'eat lace to live, work, and la
Estimated TotelCost of PUblic ~rmprov_ements
*Does Not lnclud~Lan_~c,, aping- - ~.~
3%of
street Lig
Final Plat Pro~
Rec¢
a. D~
b. Plat Filing
c.-CroSS-Access_EasE
_One-Thir~ I 19.98
DATE
FIlE NO.
PROJECT
SWMP FEE WORKSHEET
August 15, 1999
CSM Southwest Tech Center
CSM SITE AREA IN ACRES 63.59
SW TECH
SW TECH
SW TECH
SW TECH
SW TECH
SW TECH
Phase I 10.35
Phase I[ (m) 7.65
Phase IV 3.36
Block 1, Lot 1 7.09
Block 1, Lot 2 4.41
Block 1, Lot 3 4.46
Blockl, Lot 4 4.02
Block 1, Lot 5 -19.51
Srormwater Pond -2.74
Assessable area 41.34
ZONING CLASSIFICATION
Industrial/Office
FEES
Rate per Acre Acres Total
WATER QUALITY
Developed Area Phase II $ 4,633.00 41.34 $191,528
WATER QUANTITY
Developed Area Phase II
$ 4,360.00 41.34 $180,242
CREDITS (From Phase 1 Regional Pond)
ITEM UNIT QUANTITY UNIT TOTAL
PRICE PRICE
NURP Pond Construction
Land Aquisition ACRE 1.6 $ 98,010.00 $ 156,816.00
Excavation CY 12906 $ 2.75 $ 35,491.50
Trunk Storm Sewer LS 1 $ 67,348.00 $ 67,348.00
Oversize
$259,656
SWMPFEE $371,771
SWMPCREDITS $259,656
TOTAL SWMP FEE
$112,115
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SOUTHWEST TECH CENTER
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
2.
3.
4.
5.
6.
7.
8.
9.
REQUEST FOR PLAT APPROVAL ......................................................................... SP-1
CONDITIONS OF PLAT APPROVAL ..................................................................... SP- !
DEVELOPMENT PLANS ........................................................................................ SP- 1
IMPROVEMENTS .................................................................................................... SP-2
TIME OF PERFORMANCE ..................................................................................... SP-2
SECURITY ............................................................................................................... SP-2
NOTICES .................................................................................................................. SP-3
OTHER SPECIAL CONDITIONS ............................................................................ SP-3
GENERAL CONDITIONS ........................................................................................ SP-5
GENERAL CONDITIONS
2.
3.
4.
5.
6.
7.
7A.
o
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
RIGHT TO PROCEED ............................................................................................. GC-1
PHASE DEVELOPMENT ....................................................................................... GC-1
EFFECT OF SUBDIVISION APPROVAL ............................................................... GC-1
IMPROVEMENTS .......................... ; ............................. ~ .......................................... GC-1
IRON MONUMENTS .............................................................................................. GC-2
LICENSE ................................................................................................................. GC-2
SITE EROSION CONTROL .................................................................................... GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING .............................................................................................................. GC-2
CLEAN UP .............................................................................................................. GC-2
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................. GC-2
CLAIMS ................................................................................................................... GC-3
PARK AND TRAIL DEDICATION ......................................................................... GC-3
LANDSCAPING ...................................................................................................... GC-3
WARRANTY ........................................................................................................... GC-4
LOT PLANS ............................................................................................................ GC-4
EXISTING ASSESSMENTS ................................................................................... GC-4
HOOK-UP CHARGES ............................................................................................. GC-4
PUBLIC STREET LIGHTING ................................................................................. GC-4
SIGNAGE ................................................................................................................ GC-4
BUILDING PADS .................................................................................................... GC-4
RESPONSIBILITY FOR COSTS ............................................................................. GC-4
DEVELOPER'S DEFAULT ..................................................................................... GC-6
MISCELLANEOUS
go
B.
C.
D.
E.
Construction Trailers ..................................................................................... GC-6
Postal Service ................................................................................................ GC-6
Third Parties .................................................................................................. GC-6
Breach of Contract ........................................................................................ GC-6
Severability .................................................................................................... GC-6
F. Building Permits ............................................................................................ GC-6
G. Waivers/Amendments .................................................................................... GC-6
H. Release .......................................................................................................... GC-6
I. Insurance ....................................................................................................... GC-7
J. Remedies ....................................................................................................... GC-7
K. Assignability .................................................................................................. GC-7
L. Construction Hours ....................................................................................... GC-7
M. Noise Amplification ....................................................................................... GC-7
N. Access ........................................................................................................... GC-7
O. Street Maintenance ........................................................................................ GC-8
P. Storm Sewer Maintenance ............................................................................. GC-8
Q. Soil Treatment Systems ................................................................................. GC-8
R. Variances ...................................................................................................... GC-8
S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-8
T. Proof of Title ................................................................................................. GC-8
U. Soil Conditions .............................................................................................. GC-8
V. Soil Correction .............................................................................................. GC-8
W. Haul Routes ............................................................................................................ GC-9
X. Development Signs ................................................................................................. GC-9
Y. Construction Plans .................................................................................................. GC-9
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SOUTHWEST TECH CENTER
gPECIAI, PROVIglONg
AGREEMENT dated August 9, 1999 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and MN/CHANHASSEN RPFIII LIMITED
LIABILITY COMPANY, a Delaware limited liability company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
SOUTHWEST TECH CENTER (referred to in this Contract as the "plat"). The land is legally
described on the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be
prepared, subject to City approval, after entering the Contract, but before commencement of any work
in the plat. If the plans vary from the written terms of this Contract, the written terms shall control
The plans are:
Plan A:
Final plat approved August 9, 1999, prepared by RLK-Kuusisto, Ltd.
Plan B:
Grading, Drainage and Erosion Control Plan dated July 19, 1999, prepared by RLK-
Kuusisto, Ltd.
Plan C:
Plans and Specifications for Improvements dated July 26, 1999, prepared by RLK
Kuusisto, Ltd.
Plan D:
Landscape Plan dated July 21, 1999, prepared by RLK-Kuusisto, Ltd.
Revised 3/24/99
SP-1
4. Improvements. The Developer shall install and pay for the following:
A. Storm Water Drainage System
B. Site Grading/Restoration
C. Underground Utilities (e.g. gas, electric, telephone, CATV).
D. Setting of Lot and Block Monuments
E. Surveying and Staking
F. Landscaping (Berm Area)
G. Erosion Control
H. Sidewalk along Lake Drive East
5. Time of Performance. The Developer shall install all required improvements by
November 15, 2000. 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 $405,090. The amount of the security was calculated as 110% of the
following:
Site Grading/Restoration
$ 48,000
Sidewalk $ 44,000
Storm Sewer, Drainage System, including cleaning and maintenance
$ 180,000
Erosion control $ 11,500
Engineering, surveying, and inspection
$ 16,765
Landscaping $ 68,000
TOTAL COST OF PUBLIC IMPROVEMENTS
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 29,
2000. The City may draw down the security, without notice, for any violation of the terms of this
Contract. If the required public improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down. If the security is drawn down, the draw
shall be used to cure the default. With City approval, the security may be reduced from time to time as
financial obligations are paid, but in 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.
SP-2
7. Notice. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address:
CSM Corporation
2575 University Avenue West, #150
St. Paul, MN 55114-1024
Telephone: 651-646-1717
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 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612)
937-1900.
8. Other Special Conditions.
All areas distm'bed as a resuk of construction activities shall be immediately restored with seed
and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each
activity in accordance with the City's Best Management Practice Handbook.
Ail utility improvements shall be constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates or State Plumbing Codes. Detailed utility plans and
specifications shall be submitted in conjunction with final plat approval for staff review and City
Council approval..The private utilities will be inspected by the City's Building Department.
The applicant and/or builder shall be responsible for obtaining 'the necessary permits fi:om the
City.
The applicant shall enter into a development contract wkh the City and provide the necessary
financial security to guarantee compliance with the terms of the development contract.
Do
The applicant shall apply for and obtain permits f~om the appropriate regulatory agencies, i.e.
Hennepin County, Watershed District, Metropolitan Waste Control Commission, Health
Department and Minnesota Pollution Control Agency and comply with their conditions of
approval.
Eo
No berming or landscaping will be allowed within the right-of-way. Landscape materials shall
not be placed within drainage swales or over utility lines. The applicant may place landscape
materials within the drainage and utility easement conditioned upon the applicant entering into
an encroachment agreement with the City.
Fo
The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a
minimum of 2 feet above the 100-year high water level.
The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall re-locate or abandon the drain tile as directed by the City Engineer.
SP-3
The installation of traffic signals at the intersection of Lake Drive East and Dell Road is
expected in the future. The developer shall be responsible or share the local cost participation
of this signal on a percentage basis based upon traffic generation from full development of this
site in relation to the total traffic volume of Dell Road. Security or other acceptable means to
guarantee payment for the developer's share of this traffic signal for the entire development will
be required.
If importing or exporting of earthwork materials is necessary, a haul route and traffic control
plan shall be submitted to the City for review and approval prior to construction commencing.
All driveway access points onto Lake Drive East shall incorporate the City's industrial
driveway apron (Detail Plate No. 5207).
Cross access and maintenance agreements with the city shall be prepared and recorded
against Lots 1 and 2 for the city. The City shall be included in the use for accessing the
regional storm water pond on Lot 1.
The existing driveway access to Lot 5 shall be abandoned or reconfigured to
accommodate emergency vehicle access and meet City Ordinance 20-1101.
Mo
The developer shall be responsible to obtain a temporary construction easement from the
property/properties for the storm sewer construction south of Lot 4 in the City of Eden
Prairie.
Pedestrian access to and along Lake Drive East shall be incorporated in the site plan
design process for each lot. A six-foot wide concrete sidewalk shall be constructed along
the south side of Lake Drive East.
Oo
The developer shall review the site conditions prior to construction for existing erosion
control problems or damaged streets and utility improvements. Once construction
activities commence the developer assumes full responsibility for site conditions and any
corrections prior to issuance of a Certificate of Occupancy. The developer will be
responsible for removing the sand deltas in the regional pond and repair the associated
erosion problem in conjunction with development of site.
P. Park and trail dedication fees to be collected per city ordinance.
The appropriate drainage and utility easements should be dedicated on the final plat for all
utilities and ponding areas lying outside the right-of-way. The easement width shall be a
minimum of 20 feet wide over the trunk storm sewer line. The width of the easement through
Lots 1-4 needs to be increased to correspond to the depth of the storm sewer. A 10-foot wide
drainage and utility easement shall also be dedicated along the northerly property line of Lot 5.
SP-4
Ro
The developer shall be responsible for the relocation of all street lights along Lake Drive East
impacted by this project.
So
The proposed Industrial development of 39.39 net developable acres is responsible for a
SWMP fee of $112,115.00. These fees are payable to the city prior to the city filing the final
plat.
9. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-5
(SEAL)
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
Scott A. Botcher, City Manager
DEVELOPER: MN/CHANHASSEN RPFIII
LIMITED LIABILITY COMPANY
BY:
Its
BY:
Its
STATE OF MINNESOTA )
COUNTY OF CARVER )
( SS.
The foregoing instrument was acknowledged before me this ~ day of ,
19 , by Nancy K. Mancino, Mayor, and by Scott A. Botcher, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
COUNTY OF )
( SS.
The foregoing instrument was acknowledged before me this
19_, by
day of
DRAFFED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
NOTARY PUBLIC
SP-6
EXHIB IT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 1, Block 2, Chanhassen East Business Center, according to the recorded plat thereof, and situated
in Hennepin County, Minnesota.
SP-7
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
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 subject property owned by them.
Dated this __ day of ,19
STATE OF MINNESOTA )
COUNTY OF )
( SS.
The foregoing instrument was acknowledged before me this __
19_, by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-8
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this __ day of ,19
STATE OF MINNESOTA )
COUNTY OF )
( SS.
The foregoing instrument was acknowledged before me this
19_, by
day of
NOTARY PUBLIC
DRAFFED BY:
Cky of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-9
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
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary
security and fees have been received by the City, 3) the plat has been recorded with the County
Recorder's Office of the County where the plat is located, and 4) the City Engineer has issued a letter
that the foregoing conditions have been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City
may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and
the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size, lot
layout or dedications of the approved plat unless required by state or federal law or agreed to in writing
by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law the City may require compliance with any amendments to the
City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date
of this Contract.
4. Improvements. The improvements specified in the Special Provisions of this Contract
shall be installed in accordance with City standards, ordinances, and plans and specifications which
have been prepared and signed by a competent registered professional engineer furnished to the City
and approved by the City Engineer. The Developer shall obtain all necessary permits from the City and
other pertinent 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 also provide a qualified inspector to perform site inspections on a
daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer
shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic ske 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 utility improvements and base course pavement and before the security
GC-1
is released, the Developer shall supply the City with the following: (1) a complete set of reproducible
Mylar as-built plans, (2) Two complete full-size sets of blue line as-built plans and two sets of reduced
1 l"x17" as-built plans, (3) location of buffed fabric used for soil stabilization, (4) bench mark network.
5. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
6. 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.
7. 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
irnplemented, 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 stab'flized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize the removal of the erosion control, i.e. hay bales and
silt fence. The Developer shall remove and dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or Other Building. Before a
building permit is issued for construction of a dwelling or other building on a lot, a cash escrow or
letter of credit per lot shall also be furnished to the City to guarantee compliance with the site plan
agreement.
8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, ks agents or assigns.
9. Acceptance and Ownership of Improvements. Upon completion and acceptance by
the City of the work and construction 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
GC-2
with the City Engineer. Before the City accepts the improvermnts, 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 to the City Engineer certifying that the
project has been completed in accordance with the approved plans and specifications. The appropriate
contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City
Council resolution.
10. Claims. In the event that the City receives claims from laborers, materialrnen, or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialrnen, 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 proceedings as it pertains to the letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of building permits for
construction, 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. One-third
(1/3) of the park and trail cash contribution shall be paid contemporaneously with the City's approval of
the subdivision. The balance, calculated as follows, shall be paid at the time building permits are
issued: rate in effect when a building permit is issued minus the amount previously paid.
12. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees which
can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug
infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half (2~) inches
caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the
boulevard (area between curb and property line). In addition to any sod required as a part of the
erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all
drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall
also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee in the form of cash or letter of credit shall be
provided to the City. These conditions must then be complied with within two (2) months after the
certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1
through May 1 these conditions must be complied with by the following July 1st. Upon expiration of
the time period, inspections will be conducted by City staff to verify satisfactory completion of all
conditions. City staff will conduct inspections of incomplete items wkh a $50.00 inspection fee
deducted from the escrow fund for each inspection. After satisfactory inspection, the financial
guarantee shall be returned. If the requkements are not satisfied, the City may use the security to
satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control
pursuant to City Code Section 20-94 or to satisfy any other requirements of this Contract or of City
ordinances. These requirements supplement, but do not replace, specific landscaping condkions that
may have been required by the City Council for project approval.
GC-3
13. Warranty. The Developer warrants all work required to be performed by it against
poor material and fauky workmanship for a period of two (2) years after its completion and acceptance
by the Cky. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free at
the time of planting. All landscape plantings shall be warranted for eighteen (18) months from the time
of formal acceptance by the City. The Developer or his contractor(s) shall post a letter of credit or
other security acceptable to the City to secure the warranties at the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot 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 development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
16. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-
up charges are collectible at time of building permit unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
17. Public Street Lighting. Not applicable.
18. Signage. Not applicable.
19. Building Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any building pad location.
20. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation of
the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as
review of construction documents, preparation of the Development Contract, monitoring construction
progress, processing pay requests, processing security reductions, and final acceptance of
improvements. This fee does not cover the City's cost for construction inspections. The fee shall be
calculated as follows:
if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
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;
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if the cost of the construction of public improvemems is over
$1,000,000, two and one-half percent (2~A%) of construction costs for
the first $1,000,000 and one and one-half percent (l~A%) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing 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 19E 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 resuking from plat
approval and development. The Developer shah indemnify the City and its officers and employees for
aH costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addkion to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt aH 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 assessmems referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
CSAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the Cky a fee established by City Council resolution, to
reimburse the Cky for the cost of updating the Cky's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format.
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21. 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.
22. 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 otherwise 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. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
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. The City may also issue a
stop work order halting all plat development until the breach has been cured and the City has received
satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Comract 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 in the plat until a site plan
agreement has been executed for the specific lot and the site graded in accordance with Plan B of the
development plans.
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 bythe parties and approved by written resolution of the City Council The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property. After the Developer has completed the work required of it under this Contract, at
the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance
006
of such a certificate, individual lot owners may make as 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 maintain until six (6) months after the City
has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The Cky 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.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
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 hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays
with no such activity allowed on Sundays or any recognized legal holidays. Under emergency
conditions, this limitation may be waived by the consent of the City Engineer. Any approved work
performed after dark shall be adequately illuminated. If construction occurs outside of the permitted
construction hours, the Developer shall pay the following administrative penakies:
First violation
Second violation
Third & subsequent violations
$ 500.00
$ 1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. Not Applicable.
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O. Street Maintenance. The Developer shall be responsible for all street maintenance
as a result of construction activities. Warning signs shall be placed by the Developer when hazards
develop in streets to prevent the public fi:om 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.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted by
the City.
Q. Soil Treatment Systems. Not Applicable.
R. 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.
S. 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.
T. 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.
U. 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 fi:om 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.
V. 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 unsukable soil conditions which may exist. On lots which have no
fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with fill
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material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On
lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils
engineer shall be provided before the City inspects the foundation for a building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer's telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 1 l"x17" reduced
construction plan sets and three sets of specifications.
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