1g Devel Contract BurlwoodCITYOF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone: 952 2271100
Fax: 952 2271110
Building Inspections
Phone: 952 2271180
Fax: 9522271190
Engineering
Phone: 9522271160
Fax: 9522271170
Finance
Phone: 9522271140
Fax: 9522271110
Park & Recreation
Pho~/e 9522271120
Fax: 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 9522271400
Fax: 952.2271404
Planning &
Natural Resources
Phone: 952227 1130
Fax: 9522271110
Public Works
1591 Park Road
Phone: 952 2271300
Fax 9522271310
Senior Center
Phone: 9522271125
Pax: 9522271110
Web Site
www.ci ci~anhassen rllll.US
MEMORANDUM ~.0.
TO: Paul Oehme, City Engineer/Public Works Dir.
FROM: Matt Saam, Assistant City Engineer ]~ C; ~_~
DATE: June 21, 2004
SUB J:
Approve Amendment to Development Contract for Burlwood
Project No. 03-10 (Simple Majority Vote Required)
The developer of the property previously platted as Burlwood has requested a
modification to the development contract. Specifically, the change involves a
revision to condition NN. of the dcvelopment contract below:
NN.
Outlots A and B shall be deeded to the City to facilitate flexibility in future
road alignment.
The intent of the condition was to secure access for future development of the
Christenson property at 6648 Powers Blvd. (see attached drawing) just west of the
Burlwood development. Instead of deeding them to the City, which would then
require the City Council to authorize quit claim deeds to Christenson, the
developer would like to expedite the process and deed the outlots directly to
Christenson. Staff has no issue with this since the outlots were always intended to
go to Christenson. The revised condition is shown below:
NN.
Outlots A and B shall be deeded to the owner (Christenson) of the property
at 6648 Powers Blvd. just west of the site.
Attached is a revised development contract incorporating the revised condition.
All other conditions of approval remain as previously approved on December 8,
2003.
It is therefore recommended that the City Council approve the revised
development contract dated June 28, 2004.
Attachment: Sketch drawing
Revised Development Contract
c:
Sharmeen Al~Jaff, Senior Planner
Rich Ragatz, Epic Development
Bob McDonald, McDonald Construction
Bob Christenson, 6648 Powers Blvd.
g:\cng\prqjccts\burlwood\amcndcd dc2.doc
The City of Chanhassen * A growlr~{] (:or;smtarlih/with tear/lakc's qua!h sr:huc;hs ;~ :,'
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
BURLWOOD
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
2.
3.
4.
5.
6.
7.
8.
9.
REQUEST FOR PLAT APPROVAL ............................................................................ SP-1
CONDITIONS OF PLAT APPROVAL ........................................................................ SP- 1
DEVELOPMENT PLANS ............................................................................................ SP~ 1
IMPROVEMENTS ........................................................................................................ SP-2
TIME OF PERFORMANCE ......................................................................................... SP-2
SECURITY .................................................................................................................... SP-2
NOTICE ......................................................................................................................... SP-3
OTHER SPECIAL CONDITIONS ................................................................................ SP-3
GENERAL CONDITIONS ............................................................................................ SP-7
GENERAL CONDITIONS
2.
3.
4.
5.
6.
7.
8.
8A.
i0.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
22.
RIGHT TO PROCEED ................................................................................................. GC- 1
PHASED DEVELOPMENT ......................................................................................... GC- 1
PRELIMINARY PLAT STATUS ................................................................................ GC- 1
CHANGES IN OFFICIAL CONTROLS ...................................................................... GC- 1
IMPROVEMENTS ....................................................................................................... GC- 1
IRON MONUMENTS .................................................................................................. GC-2
LICENSE ...................................................................................................................... GC-2
SITE EROSION CONTROL ........................................................................................ GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING .................................................................................................................... GC-2
CLEAN UP ................................................................................................................... GC-3
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3
CLAIMS ........................................................................................................................ GC-3
PARK DEDICATION .................................................................................................. GC-3
LANDSCAPING .......................................................................................................... GC-3
WARRANTY ............................................................................................................... GC-4
LOT PLANS ................................................................................................................. GC-4
EXISTING ASSESSMENTS ....................................................................................... GC-4
HOOK-UP CHARGES ................................................................................................. GC-4
PUBLIC STREET LIGHTING ..................................................................................... GC-4
SIGNAGE ..................................................................................................................... GC-5
HOUSE PADS .............................................................................................................. GC-5
RESPONSIBILITY FOR COSTS ................................................................................. GC-5
DEVELOPER'S DEFAULT ......................................................................................... GC-6
MISCELLANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service .................................................................................................... GC-6
C. Third Parties ...................................................................................................... GC-7
D. Breach of Contract ............................................................................................ GC-7
E. Severability ....................................................................................................... GC-7
F. Building Permits ............................................................................................... GC-7
G. Waivers/Amendments ....................................................................................... GC-7
II. Release .............................................................................................................. GC-7
I. Insurance ........................................................................................................... GC-7
J. Remedies ........................................................................................................... GC-7
K. Assignability ..................................................................................................... GC-8
L. Construction Hours ........................................................................................... GC-8
M. Noise Amplification .......................................................................................... GC-8
N. Access ............................................................................................................... GC-8
O. Street Maintenance ............................................................................................ GC-8
P. Storm Sewer Maintenance ................................................................................ GC-8
Q. Soil Treatment Systems .................................................................................... GC-9
R. Variances ........................................................................................................... GC-9
S. Compliance with Laws, Ordinances, and Regulations ...................................... GC-9
T. Proof of Title ..................................................................................................... GC-9
U. Soil Conditions ................................................................................................. GC-9
V. Soil Con'ection .................................................................................................. GC-9
W. Haul Routes ......................................................................................................... GC-10
X. Development Signs .............................................................................................. GC-10
Y. Construction Plans ............................................................................................... GC-10
Z. As-Built Lot Surveys ........................................................................................... GC-10
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BURLWOOD
SPECIAL PROVISIONS
AGREEMENT dated June 28, 2004 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, McDONALD CONSTRUCTION, INC., a
Minnesota co~poration (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Burlwood (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, furnish the security required by it, and record the plat with
the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the Contract, but before commencement of
any work in the plat. If the plans vary fi'om the written tenThS of this Contract, the written terms
shall control. The plans are:
Plan A:
Final plat approved December 8, 2003, prepared by Ryan Engineering.
PLan B:
Grading, Drainage and Erosion Control Plan dated October 17, 2003, prepared by
Ryan Engineering.
Plan C:
Plans and Specifications for Improvements dated October 17, 2003, prepared by
Ryan Engineering.
Plan D:
Landscape Plan dated October 17, 2003, prepared by Ryan Engineering.
SP-1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street 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
5. Time of Performance. The Developer shall install all required improvements by
September 17, 2004. The Developer may, however, request an extension of time fi'om the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the form attached
hereto, from a bank acceptable to the City, or cash escrow ("security") for $164,517.00. The
amount of the security was calculated as 110% of the following:
Site GradinJRestoration
$ 7,763.00
Sanitary Sewer $ 13,585.00
Watermain $ 12,270.00
Storm Sewer, Drainage System, including cleaning and maintenance
$ 32,402.00
Streets $ 55,972.00
Street lights and signs
$ 1,500.00
Erosion control $ 2,700.00
Engineering, surveying, and inspection
$ 12,619.00
Landscaping $ 10,750.00
TOTAL COST OF PUBLIC IMPROVEMENTS
$ 149:561.00
SP-2
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 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 (1) all
improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all
financial obligations to the City satisfied, (4) the required "record" plans have been received by the
City, (5) a wan'anty security is provided, and (6) the public improvements are accepted by the City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Bob McDonald, President
McDonald Construction, Inc.
760t 145m Street West
Apple Valley, MN 55124
Phone: 952-432-7601
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, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $164,517 and pay an administration fee of $37,094.
B. The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
C. The applicant shall revise the landscape plan to show a minimum of 5t trees to be
planted.
A minimum of three deciduous, overstory trees shall be required in the front yard of each
No more than one-third of the required trees may be from any one species.
SP-3
F. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1
through 4 and 6, Block 1 prior to any grading.
G. All transplanted evergreens must be wmTanted for two growing seasons.
H. A revised landscape plan must be submitted to the city.
I. In lieu of any public improvements, a park dedication charge of $16,800 will be
applicable at the time of platting.
J. Show all of the proposed and existing easements on the plans.
K. On the grading plan:
Add a rock construction entrance per City Detail Plate No. 5301.
Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near
the house pads.
Show the proposed contours for the berms along Powers Boulevard.
Show all existing and proposed easements.
Add a benchmark to the plan.
L. On the utility plan:
Show all proposed and existing utility easements.
Show all existing utilities and services in the area. Also, call out the pipe type,
manhole numbers, and rim/invert elevations for all existing and proposed utilities.
Add street lights at the intersection of Powers and the new street.
M. All of the existing driveway entrances to the property from Powers Boulevard must be
removed during construction.
N. Revise all slopes that exceed 3:1 or install a retaining wall.
O. All final construction plans must be signed by a professional engineer registered in the
State of Minnesota.
P. Any work outside of the subject property or right-of-way will require temporary
easements.
Q. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required
to be brought into or out of the site, provide a haul route for review and approval.
R. The applicant has submitted drainage calculations for the site; however, additional
information is still needed. Staff will work with the applicant's engineer to revise the
calculations. Prior to final platting, storm sewer design data will need to be submitted for staff
SP-4
review. The storm sewer will have to be designed for a 10 year, 24 hour storm event.
$. installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
T. Public utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant will also be required to
enter into a development contract with the City and supply the necessary financial security in the
form of a letter of credit or cash escrow to guarantee installation of the improvements and the
conditions of final plat approval. Permits fi'om the appropriate regulatory agencies must be
obtained, including but not limited to the MPCA, Department of Health, Watershed District,
Cm-ver County, etc.
U. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet
above the HWL of the proposed pond.
V. Private easements are required for the existing and proposed services to neighboring
parcels that are outside of the right-of-way.
W. A 30 foot wide private driveway easement is required for the private drive which serves
Lots 1 through 4, Block 1. In addition, the driveway must be constructed to a 7 ton design with a
cul-de-sac or hammerhead turnaround acceptable to the City Engineer and the Fire Marshal. The
developer will be required to provide inspection reports verifying the 7 ton design.
X. Vacate the existing public utility easement in the area of the new street.
Y. A public drainage and utility easement is required over the proposed pond up to the 100
year HWL.
Z. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at
the time of building permit issuance. The current 2003 connection charge for water and sewer is
$4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee
will be due on all of the lots at the time of building permit issuance. All of these charges arc
based on the number of SAC units assigned by the Met Council. The cun'ent 2003 sanitary
hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit and the SAC fee is
$1,275 per unit.
AA. The existing gravel driveway to the neighboring parcels must be maintained until the new
street is graded in and curb is installed.
BB. The existing storm line that goes through Lot 1, Block 2 must be replaced and connected
with the proposed street storm sewer.
CC. The proposed water-main must be extended to the south with the new cul-de-sac and
connected with the existing water-main in the Golden Glow Acres Development for looping
SP-5
purposes.
DD. Sanitary and water services shall be extended to the west property line for future
development of the neighboring parcels.
EE. The developer is required to pave the portion of the existing neighbor's driveways that are
within the subject property as per city ordinance. A private driveway easement will also be
required for the shared portion of the driveway. In addition, any shared portion of the driveway
must be constructed to a 7 ton design. The developer is required to provide inspection reports
verifying this.
FF. A minimum 20-foot wide public drainage and utility easement is required over the
existing ditch/drainage way on the Martinka property.
GG. The entire public street and cul-de-sac must be installed with this project into the Golden
Glow Acres right-of-way. The portion of the existing private street from Powers Boulevard that
is within the right-of-way for the public cul-de-sac must be removed and replaced with sod.
HH. Building official conditions:
Final grading plans and soil reports must be submitted to the inspections Division
before building permits will be issued.
Each lot must be provided with a separate sewer and water service.
Demolition permit must be obtained before demolishing any structures.
The homes located at 6648 and 6650 Powers Boulevard will require address
changes as they will be accessed from a different street.
II. Fire Marshal conditions:
A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes.
This is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
Dead end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus. Submit turn
around dimensions to City Engineer and Fire Marshal for review and approval.
Exception: Fire Marshal is authorized to increase the dimension of 150 feet
where 1) the buildings are equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1,903.3.1.2 or
903.3.1.3 of the Fire Code.
Block 1 and 2, Streets will be required to have street names. Submit names to
Chanhassen Building Official and Fire Marshal for review and approval.
No burning permits will be issued for trees/shrubs disposal. Any trees removed
must be removed or chipped on site.
SP-6
Three additional fire hydrants will be required: one at the intersection of Lake
Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the
emergency turn-around, and the third one must be installed near the temporary
turn around proposed for Block 2. Contact Chanhassen Fire Marshal and City
Engineer for exact location of required fire hydrants.
JJ. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan
prior to wetland impacts occurring.
KK. The applicant shall work with staff and downstream property owners to address storm
water issues in this area prior to the development of Lot 1, Block 2 and the extension of the
proposed street to Golden Glow Court.
LL. Based on preliminary estimates, thc water quality fees for the development are $4,906 and
the water quantity fees are approximately $12,139. AT this time, the estimated total SWMP fee,
due payable to the City at the time of final plat recording is $17,045.00.
MM. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and
comply with their conditions of approval.
NN. Outlots A and B shall be deeded to the owner (Christenson) of the property at 6648
Powers Blvd. just west of the site.
OO. The applicant has agreed to pay all costs associated with the extension of the cul-de-sac
into the Golden Glow right-of-way.
PP. The applicant shall provide that portion of the right-of-way on the Martinka property
required for a 50 foot width.
QQ. All lots shall be custom graded.
RR. The proposed storm sewer at the south end of the cul-de-sac must be Located five feet
from the existing sanitary line to avoid impacting the existing tree line.
SS. The small area at the south end of the site which drains to the cul-de-sac must meet water
quality standards prior to discharging offsite.
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
(SEAL)
BY:
AND:
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
McDONALD CONSTRUCTION, INC.:
BY:
Bob McDonald, President
STATE OF MINNESOTA )
(SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this __ day of ,
20 , by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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 )
20
The foregoing instrument was acknowledged before me this __ day of
by Bob McDonald, President of McDonald Construction, Inc., a Minnesota corporation.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
NOTARY PUBLIC
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Northwest Quarter of the Southeast of Section 2, Township 116 North, Range 23
West of the West Principal Meridian, lying westerly of the center line of County State Aid Highway
No. 17, Excepting there from the four following described parcels of land.
Exceptions:
2.
3.
4.
The South 434.00 feet of the above-described property.
The North 240.00 feet of the South 674.00 feet of the West 215.00 feet of said Northwest
Quarter of the Southeast Quarter.
The North 230.00 feet of the South 904.00 feet of the West 190.00 feet of said Northwest
Quarter of the Southeast Quarter.
The part of the West 200.00 feet of said Northwest Quarter of the Southeast Quarter, lying
Northerly of the South 904.00 feet of said Northwest Quarter of the Southeast Quarter.
SP-9
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO:
City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, fol' the account of
hTevocable Letter of Credit in the amount of $
on the undersigned bank.
(Name of Developer) and in your favor, our
, available to you by your draft drawn on sight
The draft must:
9
a) Bear the clause, "Drawn under Letter of Credit No.
,of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at
(Address of Bank)
· on or before 4:00 p.m. on November 30,
This Letter of Credit shall automatically renew for successive one-year terms unless, at least lbrty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Plymouth City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by ccrtiffed mail, postage prepaid, and deposited in the
U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as lbllows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice roi' Documentary Credits, International Chamber of Coxnmerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
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 or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases arc approved by the City. Park charges and
area charges for sewer and water referred to in this Contract are not being imposed on outlots, il'
any, in the plat that are designated in an approved preliminary plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years fi'om the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the cmTent
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.
5. 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
GC-1
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the construction is being peffo~Tned 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.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be con'ectly 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.
7. 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.
8. Site Erosion Control. Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until vegetative cover has been restored,
even if construction has been completed and accepted. After the site has been stabilized to where,
in the opinion of the City, there is no longer a need for erosion control, the City 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.
8a. 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.
GC-2
9. 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, fi'om streets and the sun'ounding area
that has resulted from construction work by the Developer, its agents or assigns.
10. 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.
11. Claims. In the event that the City receives claims fi'om 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% 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.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication lees shall be the cun'ent amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(?/2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be
planted in the boulevard (area between curb and property line). In addition to any sod required as a
pall 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
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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.
14. Warranty. The Developer wan'ants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty-five percent (25%) of the amount of the original cost of the
improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required wmTanty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is eighteen (18) months
following acceptance by the City.
15. 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 roi' each
lot roi' 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.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. 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.
18. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. The public street lights shall be accepted for City
ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. 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
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light installed in the plat. The fee shall be used by the City for furnishing electricity and
maintaining each public street light for twenty (20) months.
19. Signage. All 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.
20. 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.
21. 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:
i)
if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
ii)
if the cost of the construction of public improvements is between
$500,000 and $1,000,000, three percent (3%) of construction costs
for the first $500,000 and two percent (2%) of construction costs
over $500,000;
iii)
if the cost of the construction of public improvements is over
$1,000,000, two and one-half percent (21/2%) of construction costs
for the first $1,000,000 and one and one-half percent (1V2%) 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 20E 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 incmTed resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
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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 pe~Tnits 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.
22. 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.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed fi'om 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.
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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, wate~'main, 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 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
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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 $
Second violation $
Third & subsequent violations
500.00
1,000.00
All site dcvclopment and
construction must cease
lbr sevcn (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. All 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
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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. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the
special provisions of this contract, will be held by the City for the duration of the 2-year
maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness
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 Con:ection. 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 fi'om 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
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issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report fi'om a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 1 l"x17" reduced
construction plan sets and three sets of specifications. 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) two complete full-size sets of blue line/paper 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, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the cun'ent county
coordinate system), and (8) digital file of utility tie sheets in either .doc or .tif lo,That. The
Developer is required to submit the final plat in electronic format.
Z. As-Built Lot Surveys. An as-built lot sm'vey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor.
Rev. 3/31/04
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