1d-2 Woods Longacres Plans/SpecCITYOF
CHANHASSEN
Sty Center Ddve, PO Box' 147
~nhassen, Minnesota 55317
Phone 612.937.1900
:eneral Fax 612.937.5739
ineering ?ax 612.937.9152
lic Safety Fax 612.934.2524
b www. ci.&anhassen, m,. us
MEMORANDUM
TO:
FROM:
DATE:
Anita Benson, City Engineer
Dave Hempel, Assistant City Engineer~'
July 21, 1999
SUB J:
Approve Development Contract/PUD Agreement and Construction
Plans and Specifications for The Woods at Longacres 5th Addition
Project No. 99-15
The attached development contract/PUD Agreement 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 development contract/PUD agreement at
$67,210.00 and the administration fees total $5,958.00 which includes 1/3 of the
required Park and Trail fees. SWMP fees were not applicable since the preliminary
plat was approved prior to the ordinance being adopted.
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 in general conformance with City
standards; however, the construction plans still need some minor modifications.
The plans and specifications were recently returned to the City for modifications
and will be resubmitted on Monday, July 26, 1999.
It is therefore recommended that the construction plans and specifications fOr The
Woods at Longacres 5th Addition dated May 28, 1999, revised July 26, 1999,
prepared by Schoell & Madson, Inc. and the development contract/PUD
Agreement dated July 26, 1999 be approved conditioned upon the following:
The developer shall enter into the development contract/PUD Agreement and
supply the City with a cash escrow or letter of credit in the amount of
$67,210.00 and pay an administration fee of $5,958.00.
Attachments:
1. -Development contract/PUD Agreement dated July 26, 1999.
2. Construction plans and specifications are available for review in
the Engineering Department.
3. Breakdown of administration fees dated July 21, 1999.
c: David Hinners, Lundgren Bros. Construction
\'c fs l\vol2Xengyrojects\wood s.5th\wood s5 th.dc approval.doc
City of Chanhassen. ,4 growing community with ckan lakes, qualiO, schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play.
CITY OF CHANHASSEN
THE WOODS AT LONGACRES 5TH ADDITION
PROJECT NO. 99-15
BREAKDOWN OF ADMINISTRATION FEES - 7/21/99
Estimated Total Cost of Public Improvements
3% of Public Improvement Costs (up to $500,000)
Street Lighting Charge (for electricity)
1 Light(s) @ $300.00
Final Plat Process (Attorney Fee for Review and Recording of
Plat and Development Contract)
Recording Fees
a. Development Contract/PUD Agreement
b. Plat Filing
c. Tree Conservation Easement
One-Third Trail Fees
6 Lots x $400/3
One-Third Park Fee
6 Lots x $1,200/3
GIS Fee ($25/plat and $10/parcel)
TOTAL ADMINISTRATION FEES
$ 61,100.00
$ 1,833.00
$ 300.00
$ 450.00
$ 30.00
$ 30.00
$ 30.00
$ 800.00
$ 2,400.00
$ 85.00
$ 5,958.00
Wood5th Fee
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT/PLANNED UNIT
DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
THE WOODS AT LONGACRES 5TM ADDITION
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
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-6
GENERAL CONDITIONS
1
2
3
4
5
7
7A.
o
9.
10
11
12
13
14
15
16
17
18
19
2O
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-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
HOOK-UP CHARGES ........................................ GC-5
PUBLIC STREET LIGHTING .................... ~ ............ GC-5
SIGNAGE ................................................ GC-5
HOUSE PADS ............................................. GC-6
RESPONSIBILITY FOR COSTS ............................... GC-6
DEVELOPER'S DEFAULT .................................... GC-7
MISCELLANEOUS
A. Construction Trailers ............................. GC-7
B. Postal Service .................................... GC-8
C. Third Parties ..................................... GC-8
D. Breach of Contract ................................ GC-8
E. Severability ...................................... GC-8
i
F. Building Permits .................................. GC-8
G. Waivers/Amendments ................................ GC-8
H. Release ........................................... GC-8
I. Insurance ......................................... GC-9
J. Remedies .......................................... GC-9
K. Assignability ..................................... GC-9
L. Construction Hours ................................ GC-9
M. Noise Amplification .............................. GC-10
N. Access ........................................... GC-10
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-tl
T. Proof of Title ................................... GC-11
U. Soil Conditions .................................. GC-11
V. Soil Correction .................................. GC-11
W. Haul Routes ....................................... GC-11
X. Development Signs ................................. GC-12
Y. Construction Plans ................................ GC-12
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT/PUD AGREEMENT
(Developer Installed Improvements)
THE WOODS AT LONGACRES 5?~ ADDITION
SPECIAL PROVISIONS
AGREEMENT dated July 26, 1999 by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and,
LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation (the
"Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for The Woods at Longacres 5~n 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 prepared by Schoell & Madson, Inc. and
approved by the Chanhassen City Council on July 26,
1999.
Plan B:
Grading, Drainage and Erosion Control Plan dated June 2,
1999, revised July 26, 1999, prepared by Schoell &
Madson, Inc.
Revised 3/24/99
SP-1
Plan C:
Plans and Specifications for Improvements dated May 28,
1999, revised July 26, 1999, prepared by Schoell &
Madson, Inc.
5. Improvements.
the following:
The Developer shall install and pay for
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
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. Erosion Control
6. Time of Performance. The Developer shall install all
required improvements by November t5, 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
$67,210. The amount of the security was calculated as 110% of the
following:
Site Grading/Restoration ......................... $ 1,500.00
Sanitary Sewer .................................... $ 13,500.00
Watermain ......................................... $ 7,100.00
Storm Sewer, Drainage System,
including cleaning and maintenance ............... $ 9,400.00
Streets ........................................... $ 24,700.00
SP-2
Street lights and signs .......................... $ 400.00
Erosion control ................................... $ 500.00
Engineering, surveying, and inspection .......... $ 4,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS ............... $ 61,100.00
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.
935 East Wayzata Boulevard
Wayzata, MIq 55391
Telephone: (612) 473-1231
Fax: (612 473-7401
Notices to the City shall be zn 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.
The Developer is responsible for demonstrating a minimum
20-foot separation is provided for side yards as each
building permit is requested. Interior side yard setbacks
of 6 feet for garages and 9 feet for living areas are
permitted. Side yard setback of 10 feet is required for
SP-3
Bo
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D°
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all freestanding accessory structures. Ail lots must
comply with all other rear and front yard setbacks.
Unless already on the site, at least two trees must be
planted on each lot. Trees to be selected from approved
city list of over story trees, minimum 2¼ diameter at time
of installation. Seed and sod is required for all
disturbed areas. A letter of credit or cash deposit is
required at time of building permit to guarantee
installation.
Provide copies of subdivision covenants and home owner
association documents for review and approval. The
covenants should establish acceptable architectural
criteria consistent with the PUD. Association documents
should clearly establish maintenance and tax responsibility
for all commonly held facilities, landscaping and parcels.
Tree Preservation/Landscaping:
Tree plantings to meet minimum size standards in City
Code and be selected from the official tree list.
o
Landscaping to be covered by satisfactory financial
guarantees.
o
Ail tree conservation areas to be protected by snow
fence or otherwise satisfactorily marked and all
erosion control to be in place With both being
inspected and approved by the city before undertaking
any grading or construction activity on the site. The
applicant shall work with staff on developing tree
conservation areas prior to site grading. Tree
removal limits will be established at the time of
building permit for each lot. Removal limits will be
set at distance of twenty (20) feet around the
proposed building pad as shown on the grading and
drainage plan, provided that trees may be removed
within approved grading limits and for placement of
utilities. Staff may allow a revised house pad
location if grading and tree removal will be reduced.
Full park and trail fees shall be paid per city ordinance.
Demonstrate that each lot can accommodate at least a 60' x
40' home site, 12' x 12' deck and 30' rear yard without
intruding into any wetland buffer on the final plat.
'SP-4
Jo
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Mo
The applicant shall receive and comply with all pertinent
agency permits, i.e. Watershed District, Health Department,
MPCA, Carver County Highway Department, DNR, Army Corps of
Engineers.
Ail disturbed areas shall be immediately restored with seed
and disc-mulched or provided with a wood-fiber blanket
within two weeks after site grading or before Nov. 15 each
construction season. Areas where street and/or utility
construction will occur throughout the year are excepted as
is construction on individual home sites when building
permits have been issued and erosion control is in place.
The City may grant an extension to the restoration date if
weather conditions permit. Ail disturbed areas shall be
restored in accordance with the City's Best Management
Practices Handbook.
As a condition of final plat approval, the developer will
be required to enter into a development contract/PUD
agreement with the City and provide the necessary financial
security to guarantee compliance with the conditions of
approval of final platting.
No lots shall take driveway access from Galpin Blvd. (CR
117).
No berming or drainage facilities will be allowed to
encroach upon the Galpin Boulevard right-of-way.
The developer and/or contractor shall report to the City
Engineer the location of any drain tiles found during
construction. The City Engineer will determine whether or
not to abandon or redirect the tile to the storm sewer
system.
A 10 foot clear zone must be maintained around fire
hydrants so as to avoid injury to fire fighters, i.e. NSP
transformers, street lights, cable television and telephone
boxes and landscape plantings
The landscaped median island shall be maintained by the
homeowners association through the means of the declaration
of covenants. Should the median not be well maintained or
becomes a public safety hazard, the city reserves the right
to remove the landscaping and/or entire median and assess
the cost of the street repairs to the properties in the
SP-5
plat. The city shall not be liable for damage to the
landscaping or irrigation system as a result of snow
plowing operations.
Oo
The applicant shall meet wetland fill and wetland
mitigation conditions as stated in Corps of Engineers,
Section 404 permit 94-02389-SW-GAE. Mitigation work shall
be implemented prior to or concurrent with wetland fill
activity in future phases of the project.
P. Parking shall be prohibited on the cul-de-sac.
Oo
mo
Provide copies of subdivision covenants and homeowner
association documents for review and approval. The
covenants should establish acceptable architectural
criteria consistent with the PUD. Association documents
should clearly establish maintenance and tax responsibility
for all commonly held facilities, landscaping and parcels.
If in the future there is dissolution or any type of
breakdown in this neighborhood association, the city will
be deeded this park as a park and not subdivided into lots.
S o
The developer shall work with staff review the potential of
a lookout or walkout type dwelling on Lot 4, Block 1 and
amend the final grading plan accordingly.
The developer shall dedicate on the final plat a 25-foot
wide drainage and utility easement centered on the common
lot line of Lots 3 and 4.
10. General Condit±ons. The general conditions of this
Contract, approved by the City Council on February 23, 1998 are
attached as Exhibit "B" and incorporated herein.
SP-6
CITY OF CHANHASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
Scott A. Botcher, City Manager
LUNDGREN BROS. CONSTRUCTION, INC.
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 )
( ss.
COUNTY OF )
day
The foregoing instrument was acknowledged before me this
of , 19
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
NOTARY PUBLIC
SP-7
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot B, The Woods at Longacres 4th Addition, according to the
recorded plat thereof on file or of record in the office of the
County Recorder, Carver County, MN.
SP-8
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 )
day
The foregoing instrument was acknowledged before me this
of , 19
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-9
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 )
day
The foregoing instrument was acknowledged before me this
of , 19
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-10
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 set~ 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. t. 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. Unless already on site, at least two trees
must be planted on each lot. Trees to be selected from approved
city list of overstory trees.
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,
GC-4
specific landscaping conditions that may have been required by the
City Council for project approval.
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. 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. 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.
18. 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.
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19. 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.
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;
ii)
if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3%) of
construction costs for the first $500,000
and two percent (2%) of construction
costs over $500,000;
iii)
if the cost of the construction of public
improvements is over $1,000,000, two and
one-half percent (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
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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
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.
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
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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 Dostal 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 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
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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 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:
GC-9
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations Ail site development and
construcnion 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. 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.
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 City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
of City snow plowing service does not constitute final acceptance
of the streets by the City.
P. 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. N/A
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.
GC-10
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 satisfactor!z 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 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.
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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~x17H reduced
construction plan sets and three sets of specifications.
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