1a2&3 Powers Ridge Apt Approval
CITY OF
CllANHASSEN .
)() ÛIJ ûnttr Drivt, PO Box 147
Clranh.-, MinntS/!1Il 55317
'. Phollt 612.937.1900
GeneT.lFax 612.937.5739
EnginterÎJ¡g Fax 612.937.9152
"ublžt Saftty Fax 612.934:2524
lfib ií/w¡¡J.ci.(hanh4ssm.·miz:ui
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MEMORANDUM
TO:
. Scott Botcher; City Manager
",. "'.,'>".-:'
Dave Hempel, Assistant City Engineer ~.....
FROM:
DATE:
April 5,2000
SUBJ:
,',.. ,', .... '. "
Approve Development contract/PUD Agreementand Constructiort
Plans and Specifications for Powers Ridge Ap3rtnÍent Homes'
Project No. 00-05
The attached Development Contract/PUD Agreèìnent incorporates the tonditions of
approval rrom the final platting and constrUction plans and specificàtions review
process. Staffhaiì calcuÌated the required financial securÎi.Y toguaianteecompliance
with the terms of the Development Contract at $454,570.00 and the:development
contract administration fees total $29,461.08. The SWMP fees and 1/3 of 1/2 ofthè
required Park fees are ineluded in the administration fees.
',' ,'., ,- "'-"
The applicant has also submitted detailed construction plans and specifications for
the plat for staff review and City Council approval. Staffh~ reviewed the plans and
specifications and finds the plans still need some minor modifications. The plàns
were recently returned for modifications. Staff requests that the City Council grant
staff the flexibility to administratively approve the plans;after ~otkiÍ1$ With the
applicant's engineer in modifYing the plans accordiI¡.gJy.lt,istherefo!:ê,
recommended that the construction plans andspecÜicatiohsdatëd April 3, 2000,
revised April 1 0, 2000, prepared by Loucks & Associates and the Development
.... ".... .... .:...... .:,.........-..,..... ',- ': " ....., .. c._:::....'.,,·...,·::. :·:.·'<:...·:·.·':.(.-.':·'.··'..:1·.-......,'...·.'...
Contract/PUD Agreement dated April 1 0, 2000 be approved conditioned upon the
following:
I. The developer shall enter into the Development Contract/PUD Agreement and
supply the City with a cash escrow or letter of credit in 'the, amoilntof
$454,570.00 and pay an administration fee of$29,461.08.
2. The applicant's engineer shall work with city staffinrevising the cönstnlction
plans to meet City standards.
Attachments: I.
2.
. .
Development Contract dated APril 10,2000.
Cçmstruction plans and specificatÍ6ns are available for
review in the Engineering Department.
Breakdo~ of adnrlnistrãtìon fees dated AprilS, 2000.
3.
c: Tom Ries, Lake Susan Hills
,\\CfsÌ\voI2\eng\projects\powersridge'approvedc memo.doc
Ie Citv ofChanhassen. A f)'riwinf rommunitr with clean lakes. qua/itv schools. a charmin. downtown. thriviltrbusinesses. and beatitifù/ parks, A ",at pia" to live. work. and p/,r;
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Finá! Plat Procèss (AttèÌrneYFèe fQr Rèview anti' Recljrdlng1'8f"" '$ . ,'450:00', ,:'
. PI~t à(iQ DévelopmèntContract) . ' . . '
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Recording Fees' .
a. D~v~ioprrient Cbntract·
b. Plat Filing.,. , .
ê.; Cross.:Aê¿eS$ El:Jse:rrient . .'
d. Trails ¢øhsermtîân eásement
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100 Units ){$500/3
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Surface- Water M¡magement
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GIS Fee ($25/plãt a'nd$10/pàrcel)
TOTAL ADM'NISTRATION FEES.
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. $. 29,461;08.
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Powers Ridge Apartments fee.xls
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
POWERS RIDGE APARTMENT HOMES
DEVELOPMENT CONTRACT/PUD AGREEMENT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
I. REQUEST FOR PLAT APPROV AL............................................................................SP-I
2. CONDITIONS OF PLAT APPROVAL .....................................,......,...........................SP-l
3. ZONING ................................. ........ ........ ........ .... .... .... ..., ....... .......... ... ....... ................. ... SP-I
4. DEVELOPMENT PLANS ..............................,............................................................, SP-l
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
I. RIGHT TO PROCEED...............................,.............................,............................"....,GC-I
2. PHASE DEVELOPMENT ..,...............,.......,.......,.......,......,......,........................,....,....GC-I
3. EFFECT OF SUBDIVISION APPROV AL..,...................................,......,......,.............GC-I
4. IMPROVEMENTS ................................,...............'.......,............,........................,....,...GC-l
5. IRON MONUMENTS ............,...,...........,.......,.......,...,...,............,......,..,..,......,....,....".GC-2
6. LICENSE.........,.......,.......,......., ......., .......,... ....,.......,...,.......... ......,......,..,..,.......,.... ....., GC-2
7. SITE EROSION CONTROL ....................,.......,............................,......,.....,........,....,...GC-2
7A. 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
1 O. CLAlMS.,.......................,.......,.......,................,.......,.................,..,......,......,..............,...GC-3
11. PARK AND TRAIL DEDICATION ............................................................................GC-3
12. LANDSCAPING .....................,...............,...,...,.......,.......,......,.........................,........,..GC-3
13. WARRANTY ...........,.......,.......,.......,.......,.......,.......,..........,..,............,......,..,...,.......,..GC-4
14. LOT PLANS ...................... ........ .... ...., ......"......" .......,.........................., .........,............, GC-4
IS. EXISTING ASSESSMENTS -....,........................,..............,......,............,.............,........GC4
16. HOOK-UP CHARGES ...............................'.................................................,...............GC-4
17. PUBLIC STREET LIGHTING .....................................................................................GC-4
18. SIGNAGE ....... ......, ....... ........ ........, ..............., .... ..., ......., ... .............. ... ......, ... ... .... .... ...... GC-4
19. HOUSE PADS .......,.......,...................................,...,.......,......,......,............,...................GC-4
20. RESPONSIBILITY FOR COSTS...,.......,...,...,..............,.......,...... ......,...... ........... .....,.. GC-4
21. DEVELOPER'S DEFAULT -...........,...............................,.............................,...,...........GC6
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-7
G. Waivers/Amendments ........... ...... ............,.....,.....,..,.......,..,.......,..........., ........... GC- 7
H. Release.. ........................,................... ............ ............ ..........,..... .....,............ ...... GC- 7
1. Insurance .... ...... ...... ....... ............. ......... .... ............ ..........,..... .....,.................,...... GC-7
1. Remedies...................... ....... ...................................., ..... .............,.., ....., ............. GC-7
K. Assignability ... ...... ......, ... ... ......, ... ... ... ... ...... ...... ... ... ..... ... ... ..... ... ... ...... ...... ........ GC- 7
L. Construction Hours ........................,.................,.....................,.................,......,.GC-7
M. Noise Amplification...,......,..................,........,..,....,.....,...............,..,..,..,.........,.. GC-8
N. Access .....,.....,............,..,..,......,.............................,.....,....,....,..,..,..................... GC-8
O. Street Maintenance....,......,..,...,.....,.....,...........,..,..................,....,..,..,..,..,......,... GC-8
P. Storm Sewer Maintenance -..,.....................,.....,..........,.......,.......,......................GC8
Q. Soil Treatment Systems ..,......,........,.................,..,..,....,..,....,..,.......,..,..,..,...,...,GC-8
R. Variances.....................,..,...,..,..................,.....,.....................,....,...........,..,...,.... GC-8
S. Compliance with Laws, Ordinances, and Regulations................... ,......... ,........ GC-8
T. Proof of Title...........,..,......,..,..,.., ............,.....,..,..........,.......,..,....,..,.....,...,.."..., GC-9
U. Soil Conditions,.........,..,....., ......,..,..,.....,..............,..,...............,..,..,.....,......,...,. GC-9
V. Soil Correction.,.....,....."..,..,......,..,..,.....,..,..,..,..,..........,................,.....,..,...,...,. GC-9
W. Haul Routes. ,.....................................,..,..",....",..".. .........................'..................,.. GC-9
X. Development Signs.. ,..................................................................... ,.. ,. ,." ,.........."" GC-9
Y. Construction Plans .., .,.... ,......................................................... ,..""""" ,. ,. ,..........., GC-9
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACTœUD AGREEMENT
(Developer Ihstalled hnprovements)
POWERS RIDGE APARTMENT HOMES
SPECIAL PROVISIONS
AGREEMENT dated April 10, 2000 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, Lake Susan Hills, a Minnesota General
Partnership (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
POWERS RIDGE APARTMENT HOMES (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 land included in the plat has been rezoned to Planned Unit
Development (PUD) zoning classification as specified in the City's Zoning Ordinance. Except as
specifically modified herein, the uses, requirements, and standards of the "PUD", as may be
amended, shall apply to the subject property,
4. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the Contract, but before commencement of
any work in the plat. If the plans vary rrom the written terms of this Contract, the written terms
shall control. The plans are:
PlanA:
Final plat approved April 10, 2000, prepared by Loucks & Associates.
PlanB:
Grading, Drainage and Erosion Control Plan dated April 3, 2000, revised April 10,
2000, prepared by Loucks & Associates..
PlanC:
Plans and Specifications for hnprovements dated April 3, 2000, revised April 10,
2000, prepared by Loucks & Associates.
PlanD:
Landscape Plan dated March 2, 2000, revised April 4, 2000, prepared by Damon
Farber Associates.
Revised 3/24/99
SP-I
5. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Bituminous Trail
E. Site GradinglRestoration
F. Underground Utilities (e.g. gas, electric, telephone, CATV)
G. Setting of Lot and Block Monuments
H. Surveying and Staking
L Landscaping
J. 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 rrom 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 rrom a bank or cash
escrow ("security") for $452,370.00. The amount of the security was calculated as 110% of the
following:
Engineering, surveying, and inspection
$ 2.000.00
$ 105.600,00
$ 28.315.00
$ 24.390,00
$ 78.092.00
$ 14.450.00
$ 12.000.00
$ 18.400,00
$ 130.000.00
$ 413.247.00
Traffic Signal Escrow
Site GradinglRestoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Bituminous Trail
Erosion control
Landscaping
TOTAL COST OF PUBLIC IMPROVEMENTS
SP-2
TIùs 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. 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
rrom 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. Thomas Ries, General Partner, Lake Susan Hills
7600 Parklawn Avenue, #200
Edina,MN 55435-5174
Telephone: 612-835-7600
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. Park and trail dedication fees shall be paid in lieu of parkland dedication. The PUD
contract requires no trail fees and Yz park fees,
B. Landscaping along the south property line shall be installed with Phase 1 after review and
approval by the City Forester. Applicant shall increase understory tree plantings in the
north property line buffer yard in order to meet minimum ordinance requirements.
C. Fire Marshal conditions:
I. Install post indicator valves (P.J. V s). Contact the Chanhassen Fire Marshal for
exact location.
2. A IO-foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, NSP, US West, 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.
SP-3
3. Comply with Chanhassen Fire Department Policy regarding fire department notes
to be included on all site plans. Pursuant to Chanhassen Fire Department Policy
#04-1991. Copy enclosed.
4. Contact the Chanhassen Fire Marshal for exact location of fire lane signs and
curbing to be painted yellow. Pursuant to Section 904-1 1997 Uniform Fire Code.
5. Required access. Fire apparatus access roads shall be installed pursuant to
Section 902.2.1 of the 1997 Uniform Fire Code. In reviewing the plans, because
access cannot meet fire code requirements, the following additional fire protection
shall be required:
5-a. Attic spaces shall be sprinklered per NFP A 13.
5-b. Class 1 standpipes shall be installed in stair towers.
5-c. The exterior balconies shall be protected by the fire sprinkler system.
6. Water supplies for fire protection shall be installed and made serviceable prior to
and during the time of construction, Pursuant to Uniform Fire Code Section
901.3.
7. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to
provide all weather driving capabilities. These surfaces shall be provided for prior
to construction. Pursuant to 1997 Uniform Fire Code Section 902,2.2.2.
8. Comply with Chanhassen Fire Department Policy regarding premise
identification. Submit plans to Fire Marshal for review of building identification,
Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-
1992.
D. Building Official conditions:
I. The buildings must be protected with automatic fire sprinkler systems.
2. An accessible route must be provided to all buildings, parking facilities, public
transportation stops and all common use facilities.
3. All parking areas, including parking garages, must be provided with accessible
parking spaces dispersed among the various building entrances.
4. Accessible dwelling units must be provided in accordance with Minnesota State
Building Code Chapter 1341.
5. The building owner and or their representatives should meet with the Inspections
Division as soon as possible to discuss plan review and permit procedures, In
SP-4
particular, the locations of the property lines must be reviewed prior to final plat
to address allowable building area and exterior wall protection requirements.
E. The developer shall supply the City with a detailed haul route for review and approval by
staff for materials imported to or exported rrom the site. Ifthe material is proposed to be
removed off site to another location in Chanhassen, that property owner will be required
to obtain an earthwork permit rrom the City.
F. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
G. The applicant shall enter into a development contract/PUD agreement with the City and
provide the necessary financial security to guarantee compliance with the terms of the
development contract.
H. The applicant shall apply for and obtain permits rrom the appropriate regulatory agencies,
i.e. Carver County Public Works, Watershed District, Metropolitan Environmental
Service Commission, Minnesota Department ofHeaIth, and Minnesota Pollution control
Agency and comply with their conditions of approval.
1. No berming shall be permitted within the city's right of way. A 2% boulevard grade must
be maintained. Landscaping may be permitted subj ect to staff review and approval.
J. The utility improvements located within the main drive aisles and trunk storm drainage
lines upon completion shall become City maintained and owned. The individual sewer
and water services through each lot shall be privately owned and maintained. Building
permits will be required rrom the City's Building Department for the private utility
portion of the project. Drainage and utility easements shall be dedicated over the public
utility lines located outside of the right-of-way on the final plat. Depending on the depth
of the utilities, the minimum drainage and utility easement width shall be 20 feet wide.
Consideration for access routes to the ponds for maintenance proposes shall also be
incorporated in the easement width.
K. The developer shall escrow with the City a financial guarantee for a share ofthe local cost
participation based on traffic generated from the site for a future traffic signal at the
intersection of Lake Drive West and Powers Boulevard. The cost of the traffic signal is
not known at this time. Preliminary estimates between the City and County shall be used
for a security escrow.
L. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall relocate or abandon the drain tile as directed by the City Engineer.
SP-5
M. All retaining walls in excess of 4 feet in height will need to be engineered and require
building permits. All retaining walls over 4 feet in height should be protected with fences
and/or landscaping materials to prevent children rrom falling off the walls.
N. The drive aisles shall be a minimum of 24 feet wide and 26 feet wide when adjacent to
parking stalls and built to 7-ton per axle weight pursuant to Ordinance 18-570-1 and 20-
IIO!. Parking lots shall be designed and constructed in accordance with section 20-1118.
Cross-access easements will need to be prepared and recorded by the developer over the
lots in favor of the property owners.
O. The proposed high-density residential development of 6.6 net developable acres is
responsible for a water quality and water quantity connection charge. The applicant has
provided water quality ponds to treat 18.6 acres which will reduce these fees. The
developer shall be responsible for a total SWMP fee for Phase lof$3,742. These fees are
payable to the City prior to the City filing the final plat.
P. The applicant shall re-seed any disturbed wetland areas with MhDOT seed mix 25 A, or
an approved seed mix for wetland soil conditions.
Q. There shall be a tree conservation easement on the southerly 137 feet of the south
property line.
R. The berm on the south property line shall be extended 25 feet to the west.
S. The applicant shall work with staff in revising construction plans in general accordance
with the City's Standard Specifications and Detail Plates. Staff shall administratively
approve the final set of co~struction plans after corrections have been made.
\
T. Access to the project shall be limited to Lake Drive West shown on the plans. The
developer shall be responsible for any/all relocation or repairs to city street lights,
draintile and appurtenances along Lake Drive West impacted by site construction. The
boulevard along Lake Drive West shall be restored with sod.
10. General Conditions. The general conditions ofthis Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-6
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Scott A. Botcher, City Manager
DEVELOPER:
BY:
Thomas A. Ries, General Partner
BY:
James A. Lamson, General Partner
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of .
2000, 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, by Thomas A. Ries and James A. Lamson, General Partners of Lake Susan Hills, a
Minnesota General Partnership on behalf of the
NOTARY PUBLIC
DRAFfED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(952) 937-1900
SP-4
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the South Half of Section 14, Township 116, Range 23, Carver County, Minnesota, descnòed as follows: Beginning at
the intersection of the Westerly right-of-way line of County State Aid Highway No. 17 as descnòed in the Corrected Highway
Easement, Book 157 of Deeds, page 6, on file and of record in the Office of the County Recorder, said Carver County, with the
Northerly line of Lot I, Block 2, Lake Susan Hills West, said Carver County; thence on an assumed bearing of North 84 degrees 01
minutes 42 seconds West, along the Northerly line of said Lake Susan Hills West, a distance of 95.00 feet to the Northwest corner of
said Lot I, thence Nonh 34 degrees 30 minutes 03 seconds West, along said Northerly line, a distance of 185.51 feet to the most
Northerly corner of Lot 3, Block 2, said Lake Susan Hills West; thence North 74 degrees 12 minutes 22 seconds West, along said
Northerly line, a distance of 119.88 feet to the Northwest corner of Lot 4, Block 2, said Lake Susan Hills West; thence North 78
degrees 42 minutes 08 seconds West, along said Northerly line, a distance of 232.73 feet to the Northwest corner of Lot 6, Block 2,
said Lake Susan Hills West; thence South 79 degrees 32 minutes 52 seconds West, along said Northerly line, a distance of 89.11 feet
to the Northwest corner of Lot 7, Block 2, said Lake Susan Hills West; thence South 71 degrees 54 minutes 03 seconds West, along
said Northerly line, a distance of 101.58 feet to the Northwest corner of Lot 8, Block 2, said Lake Susan Hills West; thence North 64
degrees 36 minutes 00 seconds West, a distance of 767.28 feet to the Southerly line of Outlot D, Chanhassen Lakes Business Park,
said Carver County; thence Northeasterly along said Southerly line, a distance of 45.00 feet, along a nontangential curve, concave to
the Southeast. having a radius of 250.00 feet, a central angle of 10 degrees 18 minutes 48 seconds and a chord bearing of North 50
degrees 4 I minutes 30 seconds East; thence Northeasterly, along said Southerly line, a distance of 909.49 feet, along a compound
curve, concave to the South, having a radius of2850.71 feet and a central angle of 18 degrees 16 minutes 47 seconds; thence North 74
degrees 07 minutes 41 seconds East, tangent to said curve, along said Southerly line a distance of 89.84 feet; thence Easterly, along
said Southerly line, a distance of 492.18 feet. along a tangential curve, concave to the South, having a radius of 600.00 feet and a
central angle of47 degrees 00 minutes 00 seconds: thence South 58 degrees 52 minutes 19 seconds East, tangent to said curve, along
said Southerly line. a distance of350.45 feet to said Westerly right-of-way line; thence South 31 degrees 08 minutes 01 seconds West,
along said Westerly right-of-way line. a distance of 244.64 feet: thence Southwesterly, along said Westerly right-of-way line. a
distance of 536.18 feet. along a tangential curve. concave to the East, having a radius of 1220.92 feet and a central angle of25 degrees
09 minutes 43 seconds to the point of beginning,
SP-5
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
,
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be
bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this _ day of
,20_.
STATE OF MINNESOTA)
COUNTY OF
( ss.
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-6
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
,
which holds a mortgage on the subject property, the development of which is govemed 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
,20_.
STATE OF MINNESOTA)
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-7
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 rrom 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 ITom 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 ITom the City Ihspector(s) and to
make periodic site visits to satisfÿ that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
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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: (I) 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 1I"xI7" 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 Miun. Stat. § 505.02, SuM.
I. 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 rrom 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.
7a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City
Code § 20-94.
8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, ITom streets and the surrounding area
that has resulted rrom construction work by the Developer, its agents or assigns.
GC-2
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. Ih the event that the City receives claims rrom 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
Ihterpleader 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 rrom 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 dedication fees
then in force pursuant to Chanhassen City Ordinances and City Council resolutions. One-third
(1/3) of one-half (1/2) of the park 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
(2Yz) 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). Ih 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 offour (4) inches of topsoil as a base. Seed
or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place
at the time a certificate of occupancy is requested, a financial guarantee in the form of cash or letter
of credit shall be provided to the City. These conditions must then be complied with within two (2)
months after the certificate of occupancy issued, except that if the certificate of occupancy is issued
between October I 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
GC-3
with a $50.00 inspection fee deducted rrom 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 rree at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months rrom the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an approved site plan
including Grading, Drainage, Erosion Control, 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 rrom 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 trilnk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year term at the rates in effect at time of application,
17. Public Street Lighting. The Developer shall have installed and pay for street lights
in accordance with the approved site plan
18. Signage. All street signs, traffic signs, and wetland monurnentation required by the
City as a part of the plat shall be furnished and installed by the Developer 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.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. Tills fee is to cover the cost of City Staff time and overhead
GC-4
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 (2Y2%) of construction costs
for the fIrst $1,000,000 and one and one-half percent (1 Y2%) 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. lh 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 rrom
claims made by itself and third parties for damages sustained or costs incurred resulting rrom 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. lh addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer 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. lh 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
GC-5
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 fi"anchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format.
21. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance, This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
22. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed rrom 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 rrom 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.
GC-6
F. Building Permits. Building permits may not be issued in the plat until sanit¡\fy
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 often (10) days for processing.
1. msurance. 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.
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.
1. Construction Hours. Construction hours for required improvements under this
contract shall be ITom 7:00 a.m. to 6:00 p.m. on weekdays, rrom 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
GC-7
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
An site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. 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 or their assignee shall be responsible for all
street maintenance within the plat. Warning signs shall be placed by the Developer when hazards
develop in streets to prevent the public rrom traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets shall be barricaded and closed, The
Developer shall maintain a smooth roadway surface and provide proper surface drainage.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water rrom the plat.
The Developer shall follow all instructions it receives rrom the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been
accepted by the City.
Q. Soil Treatment SyStems. No applicable.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances rrom the City's ordinances.
S. Compliance with Laws. Ordinances. and Regulations. 1h the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
I. 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.
GC-8
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees rrom any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report rrom a qualified soils engineer is not required unless the
City's building inspection department determines rrom 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 rrom 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 rrom 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 rrom 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 three complete sets of full-size construction plans and four sets of lI"xl7" reduced
construction plan sets and three sets of specifications.
GC-9