1a-2 Springfield 5th Add PUDCITYOF
CHAN EN
Cig, Center Drive, PO Box I47
*~anhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
jneering £ax 612.937.9152
blic Sa fay Fax 612.934.2524
~b zwvw. ci. chanhassen, n~n.~ts
MEMORANDUM
TO:
FROM:
DATE:
Anita Benson, City Engineer
David Hempel, Assistant City Engineer/~ ....
January 20, 1999
SUB J:
Approve PUD Agreement~evelopment Contract and ConstruCtion
Plans and Specifications for Springfield 5th Addition
Project No. 98-15
The attached PUD Agreement/Development Contract incorporates the conditions of
approval from the final platting and construction plans and specifications review
process. Staff has calculated the required financial security to guarantee compliance
with the terms of the PUD/Development Contract at $653,000.00 and the
administration fees total $101,163.69' which includes 1/3 of the required Trail, Park,
and SWMP 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 the specifications are in general conformance to the City
standards. It is therefore recommended that the construction plans and specifications
for Springfield 5t~ Addition dated December 1, 1998, revised January 13, 1999,
prepared by Pioneer Engineering and the PUD Agreement/Development Contract
dated January 25, 1999 be approved conditioned up the following:
The applicant shall enter into the PUD Agreement/Development Contract and
supply the City with a cash escrow or letter of credit in the amount of $653,000.00
and pay an administration fee of $101,163.69'.
*Plus interest of $8.25/day from 4/10/98 to the date of payment of the administration
fees.
jms
Attachments:
PUD Agreement/Development Contract dated January 25,
1999.
Construction plans and specifications are available for review in
the Engineering Department.
Breakdown of administration fees dated January 20, 1999.
c: Mike Pflaum, Lundgren Bros. Construction
\xc fsl\vol2\eng'xtave\ccMpringfield 5th dc approval.doc
£iO, of Chanhasseu. A ~owi:~g communi!7 with dean lakes, qualiff schools, a cha,ming downtown, thriving businesses, and beautiful parks. A great place to live. work. and p
CITY OF CHANHASSEN
SPRINGFIELD 5th ADDITION
PROJECT NO. 98-15
BREAKDOWN OF ADMINISTRATION FEES - 1/20/99
Estimated Total Cost of Public Improvements ................................................................... $560,69¢.00'
- 3% of Public Improvement Costs (Up To $500,000) ...................................................... $ 15,00D.00
- 2% of Public Improvement Costs (Over $500,000) ......................................................... $ 1,2~.86
- Street Lighting Charge (for electricity)
7 Lights @ $300.00 .............................................................................................. $ 2,10!3_.00
- F'mal Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) ................................................................................... $ 45_0.00
- Recording Fees
a. Development Contract ...................................................................................... $ ~.00
b. Plat Filing .......................................................................................................... $ _3¢.00
- (1/3) Trail Fees [36 lots x $400/3] ................................................................................... $ 4,8ff0.00
- Park Fee $ 37,62?.79*
plus interejt from
- Surface Water Management Fees $ 39,4~.04
- GIS Fee ($25/plat and $10/parcel) ................................................................................... $ 495.00
TOTAL ADMINISTRATION FEES ................................................................
*This figure does not include landscaping.
**Plus interest of $8.25/day from 4/10/98 to the date of payment of the administration fees.
\xc fs l\vo125*ngMcMpring field51h, fee.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SPRINGFIELD
5tn ADDITION
DEVELOPMENT CONTRACT/PUD AGREEMENT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1
2
3
4
5
6
7
8
9
10.
REQUEST FOR PLAT APPROVAL .............................. SP-1
CONDITIONS OF PLAT APPROVAL ............................ SP-1
ZONING ................................................. SP-1
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-4
GENERAL CONDITIONS
1
2
3
4
5
6
7
7A.
o
9.
10
11
12
13
14
15
16
17
18
19
20
21
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-3
CLEAN UP ............................................... GC-3
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ............... GC-3
CLAIMS ................................................. GC-3
PARK AND TRAIL DEDICATION .............................. GC-4
LANDSCAPING ............................................ GC-4
WARRANTY ............................................... GC-5
LOT PLANS .............................................. GC-5
EXISTING ASSESSMENTS ................................... GC-5
STREET LIGHTING ........................................ GC-5
SIGNAGE ................................................ GC-5
HOUSE PADS ............................................. GC-5
RESPONSIBILITY FOR COSTS ............................... GC-5
DEVELOPER'S DEFAULT .................................... GC-7
MISCELLANEOUS
A
B
C
D
E
F
G
H
I
Construction Trailers ............................. GC-7
Postal Service .................................... GC-7
Third Parties ..................................... GC-7
Breach of Contract ................................ GC-8
Severability ...................................... GC-8
Building Permits .................................. GC-8
Waivers/Amendments ................................ GC-8
Release ........................................... GC-8
Insurance ......................................... GC-8
J. Remedies .......................................... GC-9
K. Assignability ..................................... GC-9
L. Construction Hours ................................ GC-9
M. Noise Amplification ............................... GC-9
N. Access ............................................ GC-9
O. Street Maintenance ............................... GC-10
P. Storm Sewer Maintenance .......................... GC-10
Q. Soil Treatment Systems ........................... GC-10
R. Variances ........................................ GC-10
S. Compliance with Laws, Ordinances, and Regulations GC-10
T. Proof of Title ................................... GC-10
U. Soil Conditions .................................. GC-11
V. Soil Correction .................................. GC-11
W. Haul Routes ........................................ GC-11
X. Development Signs .................................. GC-11
Y. Construction Plans ................................. GC-12
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT/PUD AGREEMENT
(Developer Installed Improvements)
SPRINGFIELD 5th ADDITION
SPECIAL PROVISIONS
AGREEMENT dated January 25, 1999, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and
LUNDGREN BROSo CONSTRUCTION, INC. (the "Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for SPRINGFIELD 5th 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. Zoning. The plat is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the "PUD", as may be amended,
shall apply to the subject property.
4. 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 by City Council on January 25, 1999,
prepared by Pioneer Engineering.
Plan B:
Grading, Drainage and Erosion Control Plan dated
December 1, 1998, Revised January 13, 1999, prepared by
Pioneer Engineering.
Plan C:
Plans and Specifications for Improvements dated
December 1, 1998, Revised January 13, 1999, prepared by
Pioneer Engineering.
Plan D:
Revised 2123198
Landscape Plan dated April 4, 1997, prepared by Kevin G.
Norby & Associates, Inc.
SP-1
5. ImDrovements.
the following:
The Developer shall install and pay for
A Sanitary Sewer System
B Water System
C Storm Water Drainage System
D Streets/Sidewalk
E Concrete Curb and Gutter
F Street Lights
G Site Grading/Restoration
H Underground Utilities (e.g. gas, electric, telephone,
CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
6. 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.
7. 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
$653,000.00. The amount of the security was calculated as 110% of
the following:
Site Grading/Restoration ......................... $ 20,000.00
Sanitary Sewer ................................... $ 110,368.00
Watermain ........................................ $ 71,825.00
Storm Sewer, Drainage System,
including cleaning and maintenance ............... $ 82,000.00
Streets .......................................... $ 235,000.00
Street lights and signs .......................... $ 3,000.00
Erosion control .................................. $ 2,000.00
Engineering, surveying, and inspection ........... $ 36,500.00
SP-2
Landscaping ...................................... $ 33,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS ................ $ 593,695.00
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, 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.
8. 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:
Lundgren Bros. Construction, Inc.
Attn: Mr. Mike Pflaum
935 East Wayzata Boulevard
Wayzata, MN 55391
Telephone: (612) 473-1231
Facsimile: (612) 473-7401
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.
9. Other Special Conditions.
A. Change the
Summerfield Drive.
street name
from Summerfield Road to
B. A landscape plan shall be prepared
developer to break up the mass of the berm on Outlot A.
will be subject to staff review and
by the
The plan
approval.
C. In lieu of park dedication requirements, the
developer is required to repay to the City a pro rata portion of
the purchase price plus accrued interest from the date the City
purchased the approximately 2.7 acres, April 10, 1998, to the
date of repayment by the developer at a rate of 8 percent per
SP-3
annum. The pro rata share for Springfield 5th Addition is sixty
(60) percent of the purchase price plus accrued interest which
equals $37,627.79 in principal and interest at $8.25 per day from
4/10/98 to the date of payment of the administrative fees.
D. No lots shall have driveway access
Highway 101, Lyman Boulevard, or Lake Riley Boulevard.
to State
E. As a condition of final plat approval, the
applicant shall be required to enter into a PUD agreement and
development contract with the City and provide the necessary
financial security to guarantee compliance with the conditions of
approval of final platting.
F. The proposed single family residential development
of 19.95 acres is responsible for a water quality connection charge
of $15,958.40 and a water quantity fee of $39,497.04. The water
quality fee will be waived upon the applicant meeting NURP design
for on site runoff. The water quantity fees of $39,497.04 are
payable to the City prior to the City filing the final plat.
G. During the construction of each phase, temporary
turnarounds shall be provided on all dead end streets which are
proposed to be extended. Barricades shall be placed at the end
of the temporary turnarounds with a sign indicating that "this
street shall be extended in the future."
H. The applicant shall receive and comply with all
pertinent agency permits, i.e. Watershed District, Health
Department, MPCA, Williams Brothers Pipeline, MESC.
I. All disturbed areas during site grading shall be
immediately restored with seed and disc mulch or wood fiber
blanket within two weeks after site grading or before November 15
each construction season accept in areas where utilities and
street will be constructed yet that year. Ail disturbed areas
resulting from construction activities shall be restored in
accordance to the City's Best Management Practice Handbook for
erosion and sediment control.
J. A declaration that the fields in Bandimere
Community park will be lighted shall be included in the chain of
title for lots within the subdivision.
10. 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-4
CITY OF CHABTW_ASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
Todd Gerhardt
Acting City Manager
DEVELOPER:
LUNDGREN BROS. CONSTRUCTION, INC.
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CAR~ER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Nancy K. Mancino, Mayor, and by
Todd Gerhardt, Acting 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
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
NOTARY PUBLIC
SP-5
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot J, Springfield 4th Addition, Carver County, MN according to
the recorded plat thereof.
SP-6
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 )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-7
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 )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-8
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 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 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 Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at
the Developer's expense, have one or more construction inspectors
GC-1
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 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 utility improvements and base course pavement 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) one complete full-size sete of blue line
as-built plans and two sets of reduced ll"x17~ as-built plans, (3)
two complete sets of utility tie sheets, (4) location of buried
fabric used for soil stabilization, (5) location stationing and
swing ties of all utility stubs including draintile cleanouts, and
(6) 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
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
GC-2
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 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 $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code § 20-94.
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, its
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 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 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, 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%
GC-3
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.
accordance with Plan D.
Landscaping shall be installed in
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 (2¼) 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 of
$750.00 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 with a $50.00 inspection fee deducted from the escrow fund
for each inspection. After satisfactory inspection, the financial
guarantee shall be returned. If the requirements 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 conditions that may have been required by the
City Council for project approval.
GC-4
13. 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 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. Public Street Lighting. The Developer shall have
installed and pay for public 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 $300.00 for
each street light installed in the plat. The fee shall be used by
the City for furnishing electricity for each. public street light
for twenty (20) months.
17. Signage. Ail street signs, traffic signs, and wetland
monumentation required by the City as a part of the plat shall be
furnished and installed by the City at the sole expense of the
Developer.
18. House Pads. The Developer shall promptly furnish the
City "as-built" plans indicating the amount, type and limits of
fill on any house pad location.
19. ResDonsibility 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
GC-5
Springfield 5th Addition Final Plat
January 25, 1999
Page 2
On May 20, 1996, the City Council approved a one year extension until June 1, 1997 for
preliminary plat (93-6 PUD) to subdivide 80.8 acres into 135 single-family.
Submittal of street names to the Public Safety Department, Inspections Division for
review and approval prior to final plat approval.
Revise grading and erosion control plan to indicate lowest floor level elevation and
garage floor elevation before final plat approval.
3. Tree preservation/landscaping:
mo
Detailed plans for perimeter berming and landscaping. A landscaped buffer shall
be provided along State Highway 101 and Lyman Boulevard. This buffer shall be
sufficient to screen direct views of the home site from the roadway. Additional
landscaping shall be provided along Lake Riley Boulevard to provide a natural
transition from Lake Riley Boulevard into the development.
bo
Tree planting to meet minimum size Standards in City Code and to be selected
from the official tree list.
Landscaping to be covered by satisfactory financial guarantees to assure
installation and survival.
d. Existing trees listed in the tree survey to be preserved as part of the development.
eo
Development of an approved landscape budget prior to city approval of the final
plat.
The development must perform the appropriate calculations and comply with the
requirements of the tree preservation ordinance (section 18-61).
4. The applicant shall dedicate 5.3 acres of park land to the city in lieu of park fees.
o
A trail easement to be dedicated in the southeast quadrant of the site to provide pedestrian
and bicycle access to Lake Riley Boulevard. The trail segment shall be built by the
developer as part of the phase of development including the abutting property. Full trail
fees will be required as part of the development.
o
Demonstrate that each lot can accommodate at least a 60' x 40' home site and a 12' x 12'
deck and maintain all setbacks on the final plat.
Springfield 5th Addition Final Plat
January 25, 1999
Page 3
A minimum fifty (50) foot building setback shall be maintained from Lyman Boulevard
and State Highway 101. This setback shall be included on the final plat.
o
Appropriate drainage and utility easements shall be conveyed with the final plat for all
utilities located outside the public right-of-way. The minimum width shall be twenty (20)
feet.
o
No lots shall have driveway access to State Highway 101, Lyman Boulevard, or Lake
Riley Boulevard.
10.
The developer shall construct all utility and street improvements in accordance with the
City's latest edition of Standard Specifications and Detail Plates and prepare final
construction plans and specifications for city staff review and formal City Council
approval in conjunction with final plat approval.
11.
As a condition of final plat approval, the applicant shall be required to enter into a PUD
agreement and development contract with the city and provide the necessary financial
security to guarantee compliance with the conditions of approval of final platting.
12.
The City of Chanhassen Wetland Ordinance should be employed to require a buffer strip
and setback for the homes adjacent to the wetland in the northeast comer of the site,
specifically Lots 6, 7, and 8, Block 5.
13.
The grading plan should be revised to include existing ground contours. Street grades
throughout the subdivision shall fall within the city's standard of 0.50% to 7.0% percent
grades.
14.
Storm sewers shall be designed and constructed to facilitate a 1 O-year storm event. The
ponding basins are required to meet NURP water quality standards and maintain the
surface water discharge rate from the subdivision at the predeveloped runoff rate for a
100-year, 24-hour storm event. Detailed storm sewer and ponding calculations for the
entire development will be required in conjunction with final platting of Phase I.
15.
The drainage basins along Lyman Boulevard shall be sized to accommodate the storm
runoff for the future upgrade of Lyman Boulevard. The city may contribute towards the
cost of any pond oversizing as a result of additional runoff generated from Lyman
Boulevard. The city will credit the applicant by means of an assessment or SWMP fees
reduction.
Springfield 5th Addition Final Plat
January 25, 1999
Page 4
16.
17.
18.
19.
20.
21.
22.
23.
Storm sewer and ponding basins shall be designed in accordance to the City's Surface
Water Management Plan. The applicant shall work with staffin relocating or adjusting
the proposed NURP basins adjacent to Lyman Boulevard to be compatible with the future
upgrade of Lyman Boulevard. The proposed development will also be subject to the
appropriate water quality and quantity connection fees.
24.
The applicant shall dedicate on the final plat additional road right-of-way along Lake
Riley Boulevard to achieve a 60-foot wide right-of-way. The street right-of-way
throughout the subdivision shall be 60 feet wide.
25.
During the construction of each phase, temporary turnarounds shall be provided on all
dead end streets which are proposed to be extended. Barricades shall be placed at the end
of the temporary turnarounds with a sign indicating that "this street shall be extended in
the future."
The applicant/property owner of Outlot F shall enter into a driveway easement with the
adjoining three property owners for the use of the existing driveway through Outlot F if
one currently does not exist or eliminate the issue by relocating the driveway off of the
property.
Preliminary and final plat approval shall be conditioned upon the Chanhassen City
Council authorizing a public improvement project for the extension of trunk utility
service to the area and the upgrade of Lyman Boulevard to urban standards.
Fire hydrants shall be spaced in accordance to the City's fire marshal recommendations.
The applicant shall provide a 6-inch watermain stub to Lake Riley Boulevard between
Lots 15 and 16, Block 5 shall be provided.
The existing home on Outlot F shall be required to connect to City sewer and water
service within 12 months from the date the system becomes available or sooner if the well
and septic system fails.
The applicant shall receive and comply with all pertinent agency permits, i.e. Watershed
District, Health Department, MPCA, Williams Brothers Pipeline Company, MWCC.
All disturbed areas during site grading shall be immediately restored with seed and disc
mulch or wood fiber blanket within two weeks after site grading or before October 31
each construction season accept in areas where utilities and street will be constructed yet
that year. All disturbed areas resulting from construction activities shall be restored in
Springfield 5th Addition Final Plat
January 25, 1999
Page 5
accordance to the City's Best Management Practice Handbook for erosion and sediment
control.
26.
As a condition of final plat approval, the applicant will be required to enter into a
development contract with the city and provide the necessary financial security to
guarantee compliance with the conditions of approval and final platting.
27.
The applicant shall be responsible for their fair share of the assessments for the extension
of trunk utility improvements and the upgrade of Lyman Boulevard to urban standards.
28.
Outlot F shall be platted as a lot within the subdivision since outlots cannot be built upon.
Relocate the driveway for this lot so that it connects perpendicularly to the proposed
street within the subdivision at a location acceptable to the Engineering Department.
29.
Back-to-back cul-de-sacs shall be provided at the Kiowa Trail connection. The pavement
for the northern cul-de-sac shall be installed to the project property line. A breakaway
barricade shall be installed to prohibit through traffic on Kiowa Trail. The cul-de-sac
shall be temporary until either area residents petition the city to open the connection or
Highway 212 is constructed at which time traffic patterns will be changed.
30.
A declaration that the fields in Bandimere Community park will be lighted shall be
included in the chain of title for lots within the subdivision.
31.
Sidewalks or pedestrian trails shall be provided connecting Lake Riley Boulevard and
Lyman Boulevard to Bandimere Park. This trail system shall include a trail segment built
within the 92nd Street right-of-way from Kiowa Trail to Bandimere Park.
32.
The city reserves the right to reevaluate the subdivision and require changes to the plat
based on the city's approval of any ordinances that may be adopted during the preliminary
plat time extension.
33.
The applicant shall be responsible for acquiring the necessary right-of-entry required to
complete the Lyman Boulevard upgrade until such time as the necessary right-of-way is
platted with the development of the site.
On May 22, 1995, the City Council granted a one year time extension for the preliminary plat for
the Rogers/Dolejsi property (#93-6 PUD) until June 1, 1996. On January 9, 1995, the City
Council approved a six month time extension for the preliminary plat for the Rogers/Dolejsi
property (#93-6 PUD). On December 13, 1993, the City Council approved the preliminary plat
for the Rogers/Dolejsi property (#93-6 PUD) for 135 lots on 80.8 acres located south of Lyman
Boulevard and east of'Highway 101.
Springfield 5th Addition Final Plat
January 25, 1999
Page 6
FINAL PLAT
PROPOSAL SUMMARY
At this time, the applicant is requesting final Plat approval to create 38 lots, four outlots and
associated right-of-way for Springfield 5th Addition. Staff is recommending approval of the
final plat of the Springfield 5th Addition subject to the conditions of this staff report.
PARKS & RECREATION
The applicant dedicated portions of approximately 5.3 acres to the city for park land. This land is
for Bandimere Heights Community Park. Of this land, the city acquired approximately 2.7 acres
at a price of $24,600 per acre (the "purchase price"). Prior to final plat approval for any future
phase, the developer is required to repay to the city a pro rata portion of the purchase price plus
accrued interest from the date, April 10, 1998, the city purchased the approximately 2.7 acres to
the date of repayment by the developer plus interest at a rate of 8 percent per annum. The pro
rata portion of the purchase price shall be based on the proportion of the number of lots that are
included in the phase to the total m~mber of lots remaining on the preliminary plat after platting
Springfield 1 ~t. 3rd Additions. The pro rata share for Springfield 5th Addition is sixty (60)
percent of the purchase price plus accrued interest.
The applicant is required to provide sidewalk or trail connections from Lyman Boulevard and
Lake Riley Boulevard through the development to Bandimere Park.
LANDSCAPING
The applicant has prepared a master landscape plan for the project. This plan has incorporated
tree preservation requirements as well as buffer yard requirements. The plan for the 5th Addition
contains a total of 109 overstory deciduous trees, 35 ornamentals, 22 conifers, and 65 shrubs.
The city shall require security as part of the final plat for the installation of the buffer yard
plantings along Lyman Boulevard, Highway 101, and the south property line in the amount of
$32,000.
STORMWATER MANAGEMENT
The proposed single family residential development of 19.948 developable acres is responsible for
a water quality connection charge of $15,960.00 and a water quantity fee of $39,501.00. The water
quality fee will be waived upon the applicant meeting NURP design for on site runoff. The water
quantity fees of $39,501.00 are payable to the city prior to the city filing the final plat.
Springfield 5th Addition Final Plat
January 25, 1999
Page 7
A 5-foot wide concrete sidewalk will be extended along the south side and west side of
Summerfield Drive consistent with the previous phases. Decorative street lights will be installed
as well.
COMPLIANCE TABLE
Description Area (Sq. Ft.) Frontage (Ft.) Depth (Ft.)
Code minimum 11,000 90 100
average 15,000
Lot 1, Block 1 25,301 81' 230
Lot 2 28,870 89* 294
Lot 3 15,293 154 134
Lot 4 11,862 86* 134
Lot 5 14,321 75* 141
Lot 6 22,664 75* 198
Lot 7 24,570 75* 211
Lot 8 27,894 72* 208
Lot 9 16,569 87* 177
Lot 10 16,418 92 179
Lot 11 15,724 92 173
Lot 12 16,321 81' 163
Lot 13 22,413 75* 176
Lot 14 17.465 75* 164
Lot 15 23,866 75* 194
Lot 16 19,470 75* 177
Lot 17 16,205 93 195
Lot 18 16,941 105 209
Lot 19 16,070 113 201
Lot 20 14,930 132 173
Lot 1, Block 2 24,810 87* 163
Lot 2 13,474 107 128
Lot 3 13,540 85* 134
Lot 4 11,818 81' 120
Lot 5 11,701 84* 122
Lot 6 13,108 95 141
Lot 7 16,714 256 126
Lot 8 11,418 96 144
Lot 9 13,651 91 162
Lot 10 11,003 97 128
Lot 11 11,091 187 116
Springfield 5th Addition Final Plat
January 25, 1999
Page 8
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
12,349
16,980
13,396
12,363
11,623
110
86*
89*
96
98
137
160
149
138
130
Lot 1, Block 3
Lot 2
Outlot A
Outlot B
Outlot C
Outlot D
Right-of-way
TOTAL
12,950
13,342
122,497
5,889
5,789
269,867
132,065
1,164,614
121
136
121
148
* Meets minimum width at building setback line.
Minimum setbacks:
PUD exterior: thirty (30) feet
Front yard: thirty (30) feet
Rear yard: thirty (30) feet
Side yard: ten (10) feet
Lyman Blvd./TH 101: fifty (50) feet
REVIEW OF CONDITIONS OF APPROVAL
Staff has reviewed the conditions of approval and made a determination of the compliance with the
conditions.
Submittal of street names to the Public Safety Department, Inspections Division for
review and approval prior to final plat approval.
* This condition shall be modified as follows: Change the street name from Summerfield
Road to Summerfield Drive.
J
Revise grading and erosion control plan to indicate lowest floor level elevation and
garage floor elevation before final plat approval.
* This condition has been met.
Springfield 5th Addition Final Plat
January 25, 1999
Page 9
3. Tree preservation/landscaping:
mo
Detailed plans for perimeter berming and landscaping. A landscaped buffer shall
be provided along State Highway 101 and Lyman Boulevard. This buffer shall be
sufficient to screen direct views of the home site from the roadway. Additional
landscaping shall be provided along Lake Riley Boulevard to provide a natural
transition from Lake Riley Boulevard into the development.
* This condition shall be modified as follows: A landscape plan shall be prepared
by the developer to break up the mass of the berm on Outlot A. The plan will be
subject to staff review and approval.
Tree planting to meet minimum size standards in City Code and to be selected
from the official tree list.
* This condition has been met.
Landscaping to be covered by satisfactory financial guarantees to assure
installation and survival.
* This condition is being met as part of the development contract.
d. Existing trees listed in the tree survey to be preserved as part of the development.
* This condition has been met.
Development of an approved landscape budget prior to city approval of the final
plat.
* This condition has been met.
The development must perform the appropriate calculations and comply with the
requirements of the tree preservation ordinance (section 18-61).
* This condition has been met.
4. The applicant shall dedicate 5.3 acres of park land to the city in lieu of park fees.
*This condition shall be modified as follows: In lieu of park dedication requirements, the
developer is required to repay to the city a pro rata portion of the purchase price plus
accrued interest from the date the city purchased the approximately 2.7 acres, April 10,
Springfield 5th Addition Final Plat
January 25, 1999
Page 10
1998, to the date of repayment by the developer at a rate of 8 percent per annum. The pro
rata share for Springfield 5th Addition is sixty (60) percent of the purchase price plus
accrued interest which equals $37,627.79 in principal and interest at $8.25 per day from
4/10/98 to the date of payment of the administrative fees.
o
A trail easement to be dedicated in the southeast quadrant of the site to provide pedestrian
and bicycle access to Lake Riley Boulevard. The trail segment shall be built by the
developer as part of the phase of development including the abutting property. Partial
trail fees will be required as part of the development.
* This condition is not applicable to this phase.
Demonstrate that each lot can accommodate at least a 60' x 40' home site and a 12' x 12'
deck and maintain all setbacks on the final plat.
* This condition has been met.
A minimum fifty (50) foot building setback shall be maintained from Lyman Boulevard
and State Highway 101.
* This condition still applies.
°
Appropriate drainage and utility easements shall be conveyed with the final plat for all
utilities located outside the public right-of-way. The minimum width shall be twenty (20)
feet.
* This condition has been met.
o
No lots shall have driveway access to State Highway 101, Lyman Boulevard, or Lake
Riley Boulevard.
* This condition still applies.
10.
The developer shall construct all utility and street improvements in accordance with the
city's latest edition of Standard Specifications and Detail Plates and prepare final
construction plans and specifications for city staff review and formal City Council
approval in conjunction with final plat approval.
* This condition has been met. Staff has received plans and specifications and finds
them, generally, in accordance with city standards. Plans and specification approval is
recommended.
Springfield 5th Addition Final Plat
January 25, 1999
Page 11
11.
As a condition of final plat approval, the applicant shall be required to enter into a PUD
agreement and development contract with the city and provide the necessary financial
security to guarantee compliance with the conditions of approval of final platting.
*This condition still applies. A development contract/PUD agreement is also being
considered for approval.
12.
The City of Chanhassen Wetland Ordinance should be employed to require a buffer strip
and setback for the homes adjacent to the wetland in the northeast comer of the site,
specifically Lots 6, 7 and 8, Block 5.
* This condition does not apply to this phase.
13.
The grading plan should be revised to include existing ground contours. Street grades throughout
the subdivision shall fall within the city's standard of 0.50% to 7.0% percent grades.
* This condition has been met.
14.
Storm sewers shall be designed and constructed to facilitate a 1 O-year storm event. The
ponding basins are required to meet NURP water quality standards and maintain the
surface water discharge rate from the subdivision at the predeveloped runoff rate for a
100-year, 24-hour storm event. Detailed storm sewer and ponding calculations for the
entire development will be required in conjunction with final platting of Phase I.
* This condition has been met.
15.
The drainage basins along Lyman Boulevard shall be sized to accommodate the storm
runoff for the future upgrade of Lyman Boulevard. The city may contribute towards the
cost of any pond oversizing as a result of additional runoff generated from Lyman
Boulevard. The city will credit the applicant by means of an assessment or SWMP fees
reduction.
* This condition has been met.
16.
Storm sewer and ponding basins shall be designed in accordance to the City's Surface
Water Management Plan. The applicant shall work with staff in relocating or adjusting
the proposed NURP basins adjacent to Lyman Boulevard to be compatible with the future
upgrade of Lyman Boulevard. The proposed development will also be subject to the
appropriate water quality and quantity connection fees.
Springfield 5th Addition Final Plat
January 25, 1999
Page 12
* The condition shall be modified as follows: The proposed single family residential
development of 19.95 acres is responsible for a water quality connection charge of
$15,958.40 and a water quantity fee of $39,497.04 The water quality fee will be waived
upon the applicant meeting NURP design for on site runoff. The water quantity fees of
$39,497.04 are payable to the city prior to the city filing the final plat.
17.
The applicant shall dedicate on the final plat additional road right-of-way along Lake
Riley Boulevard to achieve a 60-foot wide right-of-way. The street right-of-way
throughout the subdivision shall be 50 feet wide if the City Engineer approves as
adequate.
* This condition has been met.
18.
During the construction of each phase, temporary tumarounds shall be provided on all
dead end streets which are proposed to be extended. Barricades shall be placed at the end
of the temporary turnarounds with a sign indicating that "this street shall be extended in
the future."
* This condition still applies.
19.
The applicant/property owner of Outlot F shall enter into a driveway easement with the
adjoining three property owners for the use of the existing driveway through Outlot F if
one currently does not exist or eliminate the issue by relocating the driveway off of the
property.
* This condition does not apply to this phase.
20.
Preliminary and final plat approval shall be conditioned upon the Chanhassen City
Council authorizing a public improvement project for the extension of trunk utility
service to the area and the upgrade of Lyman Boulevard to urban standards.
* This condition has been met.
21. Fire hydrants shall be spaced in accordance to the City's fire marshal recommendations.
* This condition has been met.
22.
The applicant shall provide a 6-inch watermain stub to Lake Riley Boulevard between
Lots 15 and 16, Block 5 shall be provided.
* This condition has been met.
Springfield 5th Addition Final Plat
January 25, 1999
Page 13
23.
24.
25.
26.
27.
28.
29.
The existing home on Outlot F shall be required to connect to city sewer and water
service within 12 months from the date the system becomes available or sooner if the well
and septic system fails.
* This condition does not apply to this phase.
The applicant shall receive and comPly With all pertinent agency permits, i.e. Watershed
District, Health Department, MPCA, Williams Brothers Pipeline Company, MWCC.
* This condition still applies
All disturbed areas during site grading shall be immediately restored with seed and disc
mulch or wood fiber blanket within two weeks after site grading or before November 15
each construction season accept in areas where utilities and street will be constructed yet
that year. All disturbed areas resulting from construction activities shall be restored in
accordance to the City's Best Management Practice Handbook for erosion and sediment
control.
* This condition still applies.
As a condition of final plat approval, the applicant will be required to enter into a
development contract with the city and provide the necessary financial security to
guarantee compliance with the conditions of approval and final platting.
* This condition is a duplicate and can be deleted.
The applicant shall be responsible for their fair share of the assessments for the extension
of trunk utility improvements and the upgrade of Lyman Boulevard to urban standards.
* This condition has been met.
Outlot F shall be platted as a lot within the subdivision since outlots cannot be built upon.
Relocate the driveway for this lot so that it connects perpendicularly to the proposed
street within the subdivision at a location acceptable to the Engineering Department.
* This condition does not apply to this phase.
Back-to-back cul-de-sacs shall be provided at the Kiowa Trail connection. The pavement
for the northern cul-de-sac shall be installed to the project property line. A breakaway
barricade shall be installed to prohibit through traffic on Kiowa Trail. The cul-de-sac
Springfield 5th Addition Final Plat
January 25, 1999
Page 14
shall be temporary until either area residents petition the city to open the connection or
Highway 212 is constructed at which time traffic patterns will be changed.
* This condition does not apply to this phase.
30.
A declaration that the fields in Bandimere Community park will be lighted shall be
included in the chain of title for lots within the subdivision.
* This condition still applies.
31.
Sidewalks or pedestrian trails shall be provided connecting Lake Riley Boulevard and
Lyman Boulevard to Bandimere Park. This trail system shall include a trail segment built
within the 92nd Street right-of-way from Kiowa Trail to Bandimere Park.
* This condition is being met.
32.
The city reserves the right to reevaluate the subdivision and require changes to the plat
based on the city's approval of any ordinances that may be adopted during the preliminary
plat time extension.
* This condition no longer applies. The only ordinance that has been amended since the
original approval of the plat is the tree preservation ordinance which is being incorporated
in the landscaping plan.
33.
The applicant shall be responsible for acquiring the necessary right~of-entry required to
complete the Lyman Boulevard upgrade until such time as the necessary right-of-way is
platted with the development of the site.
* This condition has been met.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves PUD #93-6 granting Final Plat approval for Springfield 5th Addition
creating 38 Lots, four Outlots and associated right-of-way as shown on the plans prepared by
Pioneer Engineering, date stamped received January 14, 1999, subject to the following conditions:
1. Change the street name from Summerfield Road to Summerfield Drive.
Springfield 5th Addition Final Plat
January 25, 1999
Page 15
2. A landscape plan shall be prepared by the developer to break up the mass of the berm on
Outlot A. The plan will be subject to staff review and approval.
o
In lieu of park dedication requirements, the developer is required to repay to the city a pro
rata portion of the purchase price plus accrued interest from the date the city purchased the
approximately 2.7 acres, April 10, 1998, to the date of repayment by the developer at a rate of
8 percent per annum. The pro rata share for Springfield 5th Addition is sixty (60) percent of
the purchase price plus accrued interest which equals $37,627.79 in principal and interest at
$8.25 per day from 4/10/98 to the date of payment of the administrative fees.
4. No lots shall have driveway access to State Highway 101, Lyman Boulevard, or Lake Riley
Boulevard.
o
As a condition of final plat approval, the applicant shall be required to enter into a PUD
agreement and development contract with the city and provide the necessary financial
security to guarantee compliance with the conditions of approval of final platting.
o
The proposed single family residential development of 19.95 acres is responsible for a water
quality connection charge of $15,958.40 and a water quantity fee of $39,497.04. The water
quality fee will be waived upon the applicant meeting NURP design for on site runoff. The
water quantity fees of $39,497.04 are payable to the city prior to the city filing the final plat.
o
During the construction of each phase, temporary turnarounds shall be provided on all dead
end streets which are proposed to be extended. Barricades shall be placed at the end of the
temporary turnarounds with a sign indicating that "this street shall be extended in the future."
8. The applicant shall receive and comply with all pertinent agency permits, i.e. Watershed
District, Health Department, MPCA, Williams Brothers Pipeline, MESC.
All disturbed areas during site grading shall be immediately restored with seed and disc
mulch or wood fiber blanket within two weeks after site grading or before November 15 each
construction season accept in areas where utilities and street will be constructed yet that year.
All disturbed areas resulting from construction activities shall be restored in accordance to
the City's Best Management Practice Handbook for erosion and sediment control.
10. A declaration that the fields in Bandimere Community park will be lighted shall be included
in the chain of title for lots within the subdivision."
Springfield 5th Addition Final Plat
January 25, 1999
Page 16
ATTACHMENTS
1. Location map.
2. Final plat date stamped received January 14, 1999.
g:\plan\bg~springfield 5rd addition.doc
of improvements. This fee does not cover the City's cost for
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;
if the cost of the construction of public
improvements is over $1,000,000, two and
one-half percent (2¼%) of construction
costs for the first $1,000,000 and one
and one-half percent (1¼%) 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 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 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 all plat development work and
GC-6
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.
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 City a fee established
by City Council resolution, to reimburse the City for the cost of
updating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format.
20. 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.
21. Miscellaneous.
Ao 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
GC-7
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 Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be
issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface
and the site graded and revegetated 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 by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and
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 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
GC-8
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.
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 penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations Al~ site development and
construction must cease
foz- 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. Ail access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
GC-9
O. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The Cfty 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. 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.
GC-10
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 from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
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 unsuitable 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
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 ll"x17" reduced
construction plan sets and three sets of specifications.
GC-11
annum. The pro rata share for Springfield 5th Addition is sixty
(60) percent of the purchase price plus accrued interest which
equals $37,627.79 in principal and interest at $8.25 per day from
4/10/98 to the date of payment of the administrative fees.
D. No lots shall have driveway access to
Highway 101, Lyman Boulevard, or Lake Riley Boulevard.
State
E. As a condition of final plat approval, the
applicant shall be required to enter into a PUD agreement and
development contract with the City and provide the necessary
financial security to guarantee compliance with the conditions of
approval of final platting.
F. The proposed single family residential development
of 19.95 acres is responsible for a water quality connection charge
of $15,958 40 and a water quantity fee of ~ A~ ~
· ~, ...... $36,833.04.
The water quality fee will be waived upon the applicant meeting
NURP design for on site runoff. The water quantity fees of
$39,497.04 are payable to the City prior to the City filing the
final plat.
G. During the construction of each phase, temporary
turnarounds shall be provided on all dead end streets which are
proposed to be extended. Barricades shall be placed at the end
of the temporary turnarounds with a sign indicating that "this
street shall be extended in the future."
H. The applicant shall receive and comply with all
pertinent agency permits, i.e. Watershed District, Health
Department, MPCA, Williams Brothers Pipeline, MESC.
I. Ail disturbed areas during site grading' shall be
immediately restored with seed and disc mulch or wood fiber
blanket within two weeks after site grading or before November 15
each construction season accept in areas where utilities and
street will be constructed yet that year. Ail disturbed areas
resulting from construction activities shall be restored in
accordance to the City's Best Management Practice Handbook for
erosion and sediment control.
J. A declaration that the fields in Bandimere
Community park will be lighted shall be included in the chain of
title for lots within the subdivision.
10. 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-4
CITY OF CHANHASSEN
SPRINGFIELD 5th ADDITION
PROJECT NO. ~ 99-3
BREAKDOWN OF ADMINISTRATION FEES - 1/20/99
Estimated Total Cost of Public Improvements ................................................................... $560,693.00*
- 3% of Public Improvement Costs (Up To $500,000) ...................................................... $ 15,000.00
- 2% of Public Improvement Costs (Over $500,000) ......................................................... $ 1,213.86
Street Lighting Charge (for electricity)
7 Lights @ $300.00 .............................................................................................. $ 2,100.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) ................................................................................... $
450.00
- Recording Fees
a. Development Contract ...................................................................................... $ 30.00
b. Plat Filing .......................................................................................................... $ 30.00
- (1/3) Trail Fees [36 lots x $400/3] ................................................................................... $ 4,800.00
- Park Fee ......................................................................................................................... $ 37,627.79*
plus interest from
4/10/98
- Surface Water Management Fees
........................................................................................................................................... $ 36,833.04
- GIS Fee ($25/plat and $10/parcel) ................................................................................... $ 415.00
TOTAL ADMINISTRATION FEES ......................................................................... ~ ! 0!.! 63.~9'*~~.~
........................................................................................................................................ $ 98.499.69'~*
*This figure does not include landscaping.
**Plus interest of $8.25/day from 4/10/98 to the date of payment of the administration fees.
\Xcfs l\vol2XengMcXspring field 5th.fee.doc
Springfield 5th Addition Final Plat
January 25, 1999
Page 15
2. A landscape plan shall be prepared by the developer to break up the mass of the berm on
Outlot A. The plan will be subject to staff review and approval.
o
In lieu of park dedication requirements, the developer is required to repay to the city a pro
rata portion of the purchase price plus accrued interest from the date the city purchased the
approximately 2.7 acres, April 10, 1998, to the date of repayment by the developer at a rate of
8 percent per annum. The pro rata share for Springfield 5th Addition is sixty (60) percent of
the purchase price plus accrued interest which equals $37,627.79 in principal and interest at
$8.25 per day from 4/10/98 to the date of payment of the administrative fees.
4. No lots shall have driveway access to State Highway 101, Lyman Boulevard, or Lake Riley
Boulevard.
o
As a condition of final plat approval, the applicant shall be required to enter into a PUD
agreement and development contract with the city and provide the necessary financial security
to guarantee compliance with the conditions of approval of final platting.
o
The proposed single family residential development of 19.95 acres is responsible for a water quality
connection charge of $15,958.40 and a water quantky fee of $39,497.04. The water quality fee
will be waived upon the applicant meeting NURP design for on site runoff. The water quantity
fees of ~agr497-A~ $36,833.04 are payable to the cky prior to the city filing the final plat.
o
During the construction of each phase, temporary turnarounds shall be provided on all dead
end streets which are proposed to be extended. Barricades shall be placed at the end of the
temporary turnarounds with a sign indicating that "this street shall be extended in the future."
8. The applicant shall receive and comply with all pertinent agency permits, i.e. Watershed
District, Health Department, MPCA, Williams Brothers Pipeline, MESC.
o
All disturbed areas during site grading shall be immediately restored with seed and disc mulch
or wood fiber blanket within two weeks after site grading or before November 15 each
construction season accept in areas where utilities and street will be constructed yet that year.
All disturbed areas resulting from construction activities shall be restored in accordance to the
City's Best Management Practice Handbook for erosion and sediment control.
10. A declaration that the fields in Bandimere Community park will be lighted shall be included in
the chain of title for lots within the subdivision."