1e App Devel Cont/Ponds 6th
CITY OF
CIlANHASSEN
90 City Cmt" Drive, PO Box 147
ChanhilSSm, Minnesota 55317
Phone 612.937.1900
Gmeral Fax 612.937.5739
Engin((ring Fax 612.937.9152
. Publit Saftty Fax 612.934.2524
web www.ci.chanhtmtn.mn.us
:le-
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Scott Botcher, City Manager
David Hempel, Assistant City Engineer ~.
April 18, 2000
Approved Amended Development Contract/PUD Agreement for
Villages on the Ponds 6th Addition - Project No. 99-19
Staff has received a request from the applicant to amend the Development
Contract/PUD Agreement for Villages on the Ponds 6th Addition pursuant to the
attached e-mail. Staff has reviewed the requested changes with the city attorney
and changed the Development Contract/PUD Agreement accordingly. The
changes are noted in bold or strike out. Please note due to the changes in the text
the page numbers in the DC/PUD may not correspond to Ms. Wyffles e-mail page
numbers.
It is therefore recommended that the City Council approve the revised
Development Contract/PUD Agreement for Villages on the Ponds 6th Addition
dated April 24, 2000.
Jms
Attachments: 1. E-mail from Lynn Wyffles.
2. Development Contract/PUD Agreement dated April 24, 2000.
c: Lynn Wyffels, The Shelard Group
\\cfsl\voI2\eng\projects\villages 6th\amended de memo.doc
The City of Chanhassen. A ~win¡ community with clean lakes, quality schools, a channinr downtown, thrivinr businesses, and beautifùl parks. A mat place to 1iV(, work, and pia.
.!:!!!!:!.pel. Dave
From:
Sent:
To:
Subject:
Lynne Wyffels [WYFFELS@bankatcentury.com]
Wednesday, April 12, 2000 2:58 PM
Chaceng@ci.chanhassen.mn.us
Development Contract
Dave: The following are items that I believe should be changed in the
development contract.
1. Agreement date
2. SP2- Time of Performance-adjusted.
3. SP3- Public Improvement date adjusted.
4. SPS- Requirement- "V" - omit.
Also, the purchase has been assigned to Lake Susan Apartment Homes, LLC.
I can provide a copy of this assignment for your files. We should
change the name on the contract also. How would you like to proéeed? I"
can cross out and change with initials or would you like to issue a new
contract. Thanks.
\
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
VILLAGES ON THE PONDS 6TH ADDITION
PUD/DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROV AL............................................................................SP-l
2. CONDITIONS OF PLAT APPROVAL ........................................................................SP-l
3. ZONING .................. ........ ......... ......................... ........ ........ ....... ............. ........... ............. SP-l
4. DEVELOPMENT PLANS ............................................................................................Spol
5. IMPROVEMENTS ........................................................................................................SP-2
6. TIME OF PERFORMANCE .........................................................................................SP-2
7. SECURITy............... ... .... ........ .... ..... ........ ........ ........ ... .... ....... ....... .... .... ....... .... .... ......... SP-2
8. NOTICES ................. ........ ........ ........ .... .... ................ .... .... ....... .... ....... .......... .... .............. SP-3
9. OTHER SPECIAL CONDITIONS................................................................................SP-3
10. GENERAL CONDITIONS............................................................................................SP-6
GENERAL CONDITIONS
1. RIGHT TO PROCEED.................................................................................................GC-l
2. PHASE DEVELOPMENT ...........................................................................................GC-l
3. EFFECT OF SUBDIVISION APPROV AL..................................................................GC-l
4. IMPROVEMENTS .......................................................................................................GC-l
5. IRON MONUMENTS ..................................................................................................GC-2
6. LICENSE .... ........ ........ ......... ........ .... .... .... .... ......... .... .... .... .... ....... ... ... ... .... ...... ........ ...... GC-2
7. SITE EROSION CONTROL ........................................................................................GC-2
7 A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING....................................................................................................................GC-2
8. CLEAN UP ...................................................................................................................GC-2
9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3
10. CLAIMS..... ......................................................................... ....... ........................... ........ GC-3
11. PARK AND TRAIL DEDICATION ............................................................................GC-3
12. LANDSCAPING ..........................................................................................................GC-3
13. WARRANTY ...............................................................................................................GC-4
14. LOT PLANS ..... ........ ................ ......... ........................................................... ....... ......... GC-4
15. EXISTING ASSESSMENTS .......................................................................................GC-4
16. HOOK-UP CHARGES .............,...................................................................................GC-4
17. PUBLIC STREET LIGHTING .....................................................................................GC-4
18. SIGNAGE ....................... ......... ........ ......... ........ .... ............... ........... ...... ....... ....... .......... GC-4
19. HOUSE PADS ..............................................................................................................GC-4
20. RESPONSffiILITY FOR COSTS.................................................................................GC-4
21. DEVELOPER'S DEFAULT .........................................................................................GC-6
22. MISCELLANEOUS
A. Construction Trailers ........................................................................................GC-6
B. Postal Service... ................. ................ ........ ...................... ................... ........ ....... GC-6
C. Third Parties...................................................................................................... GC-6
D. Breach of Contract... .................................................................................... ..... GC-6
1
E. Severability. .................... .... ... ....... .......... ... ...... ...... ... ... ..... ... ..... ... ... ... ... .... ... ..... GC-6
F. Building Permits ...............................................................................................GC-6
G. Waiversl Amendments.... .............. ............. ...... ...... ...... ........... ........................... GC-7
H. Release .................... ....... .................... ....... ............ ..... ...... ..... ...... ... ... ....... ... ...... GC-7
I. Insurance .............................. ....... ............. ..................... ........ ...... ...... ... ... ....... ... GC-7
J. Remedies ......... ....... ....... ....... ............. ....... ... ...... ... ... ... ........... ........ ... ....... ... .... ... GC-7
K. Assignability ................ .... .......... ....... ... ... ............. ..... ... ... ... ........ ... .... ...... ... ....... GC-7
L. Construction Hours ...........................................................................................GC-7
M. Noise Amplification. .... ... ....... .......... ............. ...... ...... ..... ...... ...... ...... ...... ... ... ..... GC-8
N. Storm Sewer Maintenance ................................................................................GC-8
O. Soil Treatment Systems ....................................................................................GC-8
p . Variances... ... ... ... ....... ........... ... .... ... ...... .......... ... ...... ...... ..... ... ... ..... ...... .... ... ... .... GC-8
Q. Compliance with Laws, Ordinances, and Regulations......................................GC-8
R. Proof of Title..... .............. .............. ......................... ........... ................. ............... GC-8
S. Soil Conditions .................................................................................................GC-8
T. Soil Correction................................... ....... ........................................................ GC-9
U. Haul Routes ...........................................................................................................GC-9
V. Development Signs............................ ...................................... ... .................... ....... GC-9
W. Construction Plans .................................... ... ...................... .................................... GC-9
11
CITY OF CHANHASSEN
PUDillEVELOPMENTCONTRACT
(Developer Installed Improvements)
VILLAGES ON THE PONDS 6TH ADDITION
SPECIAL PROVISIONS
AGREEMENT dated April 24, 2000 September 13, 1999 by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and THE SHBL:\RD GROUP,
~JC., a MilHleseta 6mpefatien LAKE SUSAN HILLS APARTMENT HOMES, a Minnesota
Limited Liability Company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Villages on the Ponds 6th 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 plan was rezoned to Planned Unit Development (PUD). Except as
specifically modified herein, the uses, requirements, and standards of the R -12 zoning district, high
density residential, as may be amended, shall apply to the 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 ITom the written terms of this Contract, the written terms
shall control. The plans are:
PlanA:
Final plat approved September 13, 1999, prepared by BRW.
PlanB:
Grading, Drainage and Erosion Control Plan dated September 7, 1999, prepared by
Sunde Engineering.
PlanC:
Plans and Specifications for Improvements dated September 7, 1999, prepared by
Sunde Engineering.
PlanD:
Landscape Plan dated Apri116, 1999, prepared by David A. Kirscht Associates, Inc.
SP-l
PlanE:
Revised 3/24/99
Site Plan (99-9) as approved by the City Council on June 28, 1999.
SP-2
5. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Right Turn Lane - Southbound T.H. 101
E. Concrete Curb and Gutter
F. Trails
G. Site GradinglRestoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
6. Time of Performance. The Developer shall install all required improvements by
November 15, 2001~. 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 or cash
escrow ("security") for $ 239,525.00 . The amount of the security was calculated
as 110% of the following:
Site GradinglRestoration $ 60.000
Sanitary Sewer $ 20.180
Watermain $ 16.070
Storm Sewer, Drainage System, including cleaning and maintenance $ 75.000
Streets!Irail $ 22.500
Street lights and signs $ 0
Erosion control $ 7.500
Engineering, surveying, and inspection $ 14.000
Landscaping $ 2.500
SP-3
TOTAL COST OF PUBLIC IMPROVEMENTS
$
217.750
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 31,2001;woo. 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:
Mr. Sheldon Z. Wert
The Shelar-à GfBü 3, me. Lake Susan Apartment Homes, LLC
11455 Viking Drive
Eden Prairie, MN 55344
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (612) 937-1900.
9. Other Special Conditions.
A. The development shall comply with the landscape plan #99-9 submitted and approved as
part ofthe site plan for the apartments. Should that development not be constructed, the
landscaping shall comply with the Villages on the Ponds Development Design Standards
as well as city ordinance requirements for site landscaping. Security for landscaping will
be incorporated as part of the site plan review process.
B. Landscaped walkways shall be provided between individual sites to allow for greater
pedestrian accessibility and continuity oflandscaping.
C. The development shall comply with the development design standards for Villages on the
Ponds.
D. Grading shall be prohibited in the area between the bluff areas adjacent to Lake Susan.
SP-4
E. Turning radiuses of fire apparatus access roads shall be submitted to City Engineer and
Fire Marshal for review and approval.
F. Fire lanes will be marked with the appropriate street signage and yellow curbing. Fire
Marshal will determine fire lanes upon review of plans and final access routes and at that
point determine exact placement of signs and yellow curbing.
G. Premises identification will be reviewed as specific buildings are being proposed.
ChanhassenFire Department/Fire Prevention Policy # 29-1992 will be used as basic
criteria for numbering the buildings. Due to the complexity ofthis project, numbering on
more than one side will be necessary as well as additional monument or directional
signage.
H. The lowest floor elevation of buildings adjacent to ponds and wetland shall be a
minimum of2 feet above the 100-year high water level.
I. The City shall assume maintenance and ownership of the stormwater ponding facilities
and wetlands two years after completion of the site improvements. The appropriate
drainage and utility easements shall be dedicated on the final plat over ponding areas and
wetlands. The easements shall encompass the storm ponds and wetlands up to the 100-
year flood level. Storm sewer facilities which lie outside of public right-of-way shall be
privately owned and maintained by the applicant or its successors.
J. All sanitary sewer and water lines with the exception of the individual building services
shall be owned and maintained by the City upon completion. As-built construction plans
will be required before the City accepts the utilities.
K. The existing house on Lot 1, Block 1, Villages on the Ponds 6th Addition, shall be razed
within 30 days after the final plat is recorded. The appropriate demolition permits will be
required through the City's Building Department. Existing wells andlseptic systems on
the site shall be abandoned per State health codes and City ordinance.
1. The access point onto TH 101 is subject to MnDOT and city approval. The applicant will
be responsible for obtaining all necessary permits for construction ofthe right tum lanes
and all work within the TH 101 right-of-way. The proposed access to the property shall
directly align with Main Street on the east side approach.
M. The applicant shall pay water quality fees of $43,904.00 and water quantity fees of
$32,395.00. The developer shall receive stormwater credits of$12,505.00. These SWMP
fees which total $63,794.00 will be due payable to the City at time of final plat recording.
N. The applicant shall be responsible for the installation of street lights along the private and
public streets. The applicant and City staff shall work together to prepare a street lighting
SP-5
plan to be incorporated into the street construction plans.
o.
The applicant shall design and construct the public utility improvements in accordance
with the City's latest edition of Standard Specifications and Detail Plates.
P.
The applicant shall provide a copy of the covenants for review and approval by the City and
shall be filed at the County with the final plat documents.
Q.
The applicant shall be responsible for obtaining the necessary permits from the regulatory
agencies such as the Minnesota Department of Health, MCES, Watershed District,
Minnesota DNR, MPCA and MnDOT.
R.
The applicant shall report to the City Engineer the location of any drain tiles found during
construction. The applicant will comply with the City Engineer's direction as far as
abandonment or relocation of the drain tile.
S.
The applicant shall develop a sediment and erosion control plan in accordance with the
City's Best Management Practice Handbook (BMPH). Type ill erosion control fencing will
be required around the wetlands. The site may also require additional erosion control fence
on the slopes and/or temporary sediment basins. Wood fiber blankets shall be utilized on
all slopes in excess 00: 1.
T.
Drainage and conservation easements shall be dedicated over all wetland areas within the
subdivision including outlots. Wetland mitigation measures shall be developed and subject
to approval by the City. The mitigation measures shall be completed in conjunction with
the site grading and restoration.
u.
Full park and trail fees shall be collected per city ordinance.
u
..
20%, efthe hOllsing IInits shall meet tHe ariteria established fer afferdability by the
Metrepelitan CelHlcil. The Develeper may net eMain a ImiMing permit er eemmenee
eenstruetien I!lltil the De'¡eleper pfByiàes the City aàeEjllate g¡¡arantees tHat the affer-àable
hellsing r-eEjllÎremeHts will be met.
W.
The developer and future site users shall be required to incorporate street/plaza furniture,
planting boxes, public art, bicycle racks, drinking fountains, etc. within the development
and on individual site plans.
x.
Wood fiber blanket and/or sod shall be utilized at all slopes in excess of 3: 1 and in the
ditches along TH 101.
Y.
The driveway access ftom TH 101 to the site shall be a minimum of36 feet wide, back-
to-back with concrete curb and gutter with a left turn lane, shared through right turn drive
aisle. The main driveway aisle width from the garage entrances to the parking lot shall be
SP-6
28-feet wide, face-to-face.
Z. All private streets/parking lots shall be constructed in accordance with the City's
Ordinance No. 20-1118 which requires a minimum 26-foot wide driveway aisle built to
7 -ton design.
AA. The applicant shall be responsible for providing an interim trail connection around Lake
Susan to the pedestrian crossing at Highway 101 during construction. This interim trail
section may consist of a class V gravel surface.
BB. The applicant shall petition the City to vacate trail easements which will be no longer
utilized. In addition, the applicant shall rededicate to the City a new 20- foot wide trail
easement centered upon the new trail alignment.
Cc. If material is imported or exported ITom the site, the applicant will need to provide the
City with a detailed haul route for review and approval. If the material is to be imported
or exported to/from another site in Chanhassen, it should be noted that those other parcels
will be required to obtain an earthwork permit from the City.
DD. The developer shall construct a median island at the entrance in conjunction with the
Highway 101 upgrade.
10. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Scott A. Botcher, City Manager
DEVELOPER: THE SHEL.\RD GR-OUP, INC. LAKE SUSAN
APARTMENT HOMES
BY:
Sheldon Z. Wert
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2000 -l-9---, 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
)
The foregoing instrument was acknowledged before me this _ day of
2000 19 ,by Sheldon Z. Wert of THE SHEL\RD GR-OUP, INC. LAKE SUSAN
APARTMENT HOMES, LLC
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-8
EXHIBIT" A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot J, Villages on the Ponds, according to the recorded plat thereof, Carver County, Minnesota.
SP-9
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
Ausmar Development Companv. LLC
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
,2000 -l9--.
STATE OF MINNESOTA )
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2000 +9-, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-I0
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Centurv Bank National Association, 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_.
BY:
ITS:
STATE OF MINNESOTA)
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
19_, by
NOTARY PUBLIC
DRAFTED BY:
City ofChanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-ll
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been
recorded with the County Recorder's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the
Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City.
3. Effect of Subdivision Approval. For two (2) years fi'om 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 fi'om 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 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
GC-l
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 sets of blue line as-built plans and two
sets of reduced ll"xl7" as-built plans, (3) two complete sets of utility tie sheets, (4) location of
buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs
including draintile cleanouts, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifYing that the monuments
have been installed.
6. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received /Tom 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 ofthe 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 the property
owner shall enter into a site plan agreement with the City. A cash escrow or letter of credit per lot
shall also be furnished the City to guarantee compliance with City Code § 20-94.
GC-2
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% 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 fi'om any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of building permits for
construction, the Developer, its successors or assigns, shall pay to the City the park and trail
dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions.
One-third (1/3) of the park and trail cash contribution shall be paid contemporaneously with the
City's approval of the subdivision. The balance, calculated as follows, shall be paid at the time
building permits are issued: rate in effect when a building permit is issued minus the amount
previously paid.
12. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2Y2) 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
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within two (2) months after the certificate of occupancy issued, except that if the certificate of
occupancy is issued between October 1 through May 1 these conditions must be complied with by
the following July 1st. Upon expiration of the time period, inspections will be conducted by City
staff to verify satisfactory completion of all conditions. City staff will conduct inspections of
incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection.
After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the requirements. The City may also use the
escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 or to
satisfy any other requirements of this Contract or of City ordinances. These requirements
supplement, but do not replace, specific landscaping conditions that may have been required by the
City Council for project approval.
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
fmal 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. N/A
18. Signage. All street and traffic signs along public roadways 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.
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.
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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 (2Y:z%) of construction costs
for the first $1,000,000 and one and one-half percent (1 y,%) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of the construction. Payment shall be
due in accordance with Article 19E of this Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may payor 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
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issuance of building permits for lots which the Developer mayor 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 ofthe work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
22. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part ofthe pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer
shall be grounds for denial of building permits, including lots sold to third parties. The City may
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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. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property. After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
L 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 ITom time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
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K. AssÏlmabilitv. 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 development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and sirnilar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penaltý for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. 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 ftom the plat.
The Developer shall follow all instructions it receives ftom 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.
O. Soil Treatment Svstems. 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.
P . 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.
Q. Compliance with Laws. Ordinances. and Regulations. In the development ofthe
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
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1. CityofChanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Arn1y Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Govemment, its agencies, departments and commissions.
R. 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.
S. 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.
T. 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 maybe 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 ftom 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.
U. 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.
V. 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.
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W. 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 l1"x 17" reduced
construction plan sets and three sets of specifications.
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