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H-1b Hummingbird Heights Development ContractCITY OF CHANHA33EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.d.chanhasserrmn.us H-16 MEMORANDUM TO: Paul Oehme, PE, Director of Public Works /City Engineer FROM: Alyson Fauske, PE, Assistant City Engineer DATE: January 27, 2014 V SUBJECT: Approve Development Contract for Hummingbird Heights PROPOSED MOTION "The City Council is recommended to approve the development contract for Hummingbird Heights conditioned upon the applicant shall supply the City with a cash escrow or letter of credit for '$17,655.00 and pay a cash fee of $22,531.10. City Council approval requires a simple majority vote of the City Council present." The attached development contract incorporates the conditions of approval for the final plat. Streets, sanitary sewer and watermain are already in place: the developer shall install a sewer and water service to Lot 2. The financial security is required to guarantee compliance with the terms of the development contract relating to public street restoration, raingarden installation, engineering, surveying, and inspection. City funds are not needed as part of this private development project. Attachment: Development Contract Stephen Bona, Summit Woods, LLC o ��o aGh�ttetin, isgvCaramrmidgrt orhifezoPnogjgir�t omToda9argbRlemdl)�`ordsruortow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HUMMINGBIRD HEIGHTS DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ................................................. ...........................SP -1 2. CONDITIONS OF PLAT APPROVAL ............................................. ...........................SP -1 3. DEVELOPMENT PLANS ................................................................. ...........................SP-1 4. IMPROVEMENTS ......................................................................... ............................... SP -1 5. TIME OF PERFORMANCE .............................................................. ...........................SP -2 6. SECURITY ......................................................................................... ...........................SP -2 7. NOTICE .............................................................................................. ...........................SP -2 8. OTHER SPECIAL CONDITIONS ..................................................... ...........................SP -3 9. GENERAL CONDITIONS ............................................................ ............................... SP -5 GENERAL CONDITIONS 1. RIGHT TO PROCEED ...................................................................... ...........................GC -1 2. PHASED DEVELOPMENT ............................................................. ...........................GC-1 3. PRELIMINARY PLAT STATUS ..................................................... ...........................GC -1 4. CHANGES IN OFFICIAL CONTROLS .......................................... ...........................GC -1 5. IMPROVEMENTS ........................................................................ ............................... GC -1 6. IRON MONUMENTS ....................................................................... ...........................GC -2 7. LICENSE ........................................................................................... ...........................GC -2 8. SITE EROSION AND SEDIMENT CONTROL .............................. ...........................GC -2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ....................................................... ...........................GC -2 9. CLEANUP ........................................................................................ ...........................GC -3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ......... ...........................GC -3 11. CLAIMS ............................................................................................ ...........................GC -3 12. PARK DEDICATION ....................................................................... ...........................GC -3 13. LANDSCAPING ............................................................................... ...........................GC -3 14. WARRANTY .................................................................................... ...........................GC -4 15. LOTPLANS ...................................................................................... ...........................GC -4 16. EXISTING ASSESSMENTS ............................................................ ...........................GC -4 17. HOOK -UP CHARGES ...................................................................... ...........................GC -4 18. PUBLIC STREET LIGHTING .......................................................... ...........................GC -4 19. SIGNAGE .......................................................................................... ...........................GC -5 20. HOUSEPADS ................................................................................... ...........................GC -5 21. RESPONSIBILITY FOR COSTS ..................................................... ...........................GC -5 22. DEVELOPER'S DEFAULT .............................................................. ...........................GC -6 22. MISCELLANEOUS A. Construction Trailers ............................................................. ...........................GC -6 B. Postal Service ......................................................................... ...........................GC -7 C. Third Parties ........................................................................... ...........................GC -7 D. Breach of Contract ................................................................. ...........................GC -7 E. Severability ............................................................................ ...........................GC-7 i F. Building Permits .................................................................... ...........................GC-7 G. Waivers/ Amendments ............................................................ ...........................GC -7 H. Release ................................................................................... ...........................GC -7 I. Insurance ............................................................................ ............................... GC-7 J. Remedies ................................................................................ ...........................GC -8 K. Assignability .......................................................................... ...........................GC -8 L. Construction Hours ................................................................ ...........................GC -8 M. Noise Amplification ............................................................... ...........................GC -8 N. Access .................................................................................... ...........................GC -8 O. Street Maintenance ................................................................. ...........................GC -8 P. Storm Sewer Maintenance ..................................................... ...........................GC -9 Q. Soil Treatment Systems ......................................................... ...........................GC -9 R. Variances ................................................................................ ...........................GC -9 S. Compliance with Laws, Ordinances, and Regulations .......... ...........................GC -9 T. Proof of Title .......................................................................... ...........................GC -9 U. Soil Conditions ...................................................................... ..........................GC -10 V. Soil Correction ...................................................................... ..........................GC -10 W. Haul Routes ................................................................................ ..........................GC -10 X. Development Signs .................................................................... ..........................GC -10 Y. Construction Plans ..................................................................... ..........................GC -10 Z. As -Built Lot Surveys ............................................................ ............................... GC -11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) HUMMINGBIRD HEIGHTS W. AGREEMENT dated January 27, 2014 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Summit Woods, LLC, a Minnesota Limited Liability Company (the "Developer "). 1. Request for Subdivision Approval The Developer has asked the City to approve a subdivision for HUMMINGBIRD HEIGHTS (referred to in this Contract as the "subdivision "). The land is legally described on the attached Exhibit "A ". 2. Conditions of Subdivision Approval The City hereby approves the subdivision on condition that the Developer enter into this Contract, furnish the security required by it, and record the subdivision with the County Recorder or Registrar of Titles within 30 days after the City Council approves the subdivision. 3. Development Plans. The subdivision 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 subdivision. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Subdivision approved January 27, 2014, prepared by Terra Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated January 27, 2014, prepared by Terra Engineering. 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer Service to Lot 2 B. Water Service to Lot 2 C. Street restoration costs related to sanitary sewer and water service installation. D. Storm Water Drainage System E. Setting of Lot and Block Monuments F. Surveying and Staking G. Erosion Control SP -1 5. Time of Performance. The Developer shall install all required improvements by November 15, 2014. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, installation of sanitary sewer and water service to Lot 2, street repair resulting from the installation of the sewer and water service to Lot 2, and installation of the rain garden features, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ( "security") for $17,655.00. The amount of the security shall be 110% of the following: Street restoration $ 10,000.00 Rain garden installations $ 5,000.00 Total construction costs $ 15,000.00 Engineering, surveying, and inspection (7% of construction costs) $1,050.00 Subtotal $16,050.00 TOTAL SECURITY AMOUNT: $17,655.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Tom Strohm, Project Manager Homestead Partners 525 15ei Avenue South Hopkins, MN 55343 Phone: 612 - 695 -2275 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: SP -2 Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227 -1100. 8. Other Special Conditions. A. SECURITIES AND FEES A $17,655.00 letter of credit or escrow for the developer - installed improvements, the $22,531.10 cash administration fee and the fully- executed development contract must be submitted. The cash fee was calculated as follows: Park Dedication fee: 2 units x $5,800 /unit $11,600.00 Partial payment of water hook up fee: 2 units x $1,886 /unit $ 3,772.00 Partial payment of sewer hook up fee: 2 units x $664 /unit $ 1,328.00 Storm Water Utility connection fee $ 5,336.10 Administration fee (3% of construction costs) $ 450.00 GIS fee: $25 (subdivision) + (2 parcels x $10 /parcel) $ 45.00 $22,531.10 B. BUILDING DEPARTMENT CONDITIONS OF APPROVAL 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. C. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL 1. A $10,000 security must be provided to ensure that the street is restored following the installation of sewer and water services to Lot 2. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. 2. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water: 2 units x $1,886 /unit = $3,772 Sewer: 2 units x $664 /unit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. SP -3 3. The City Attorney shall draft and the developer shall execute a "Grant of Permanent Easement for Public Drainage and Utility Purposes" document. This document shall be recorded with the metes and bounds subdivision. 4. The City Attorney shall draft and the developer shall execute a "Preservation Easement" document. This easement shall restrict the removal of vegetation to allow for only the removal of invasive vegetation or noxious weeds and only after the removal has been reviewed and approved by the City. The document shall also forbid any topographic alterations or placement of fill materials except as is necessary to correct demonstrable erosive conditions provided a plan is developed by a licensed civil or soils engineer or a licensed geologist or soil scientist. In the event this easement is vacated, Storm Water Management Fees, as listed in Section 4 -30 (c) 3 of the City Code, shall be due for the vacated area at that time. This document shall be recorded with the metes and bounds subdivision. 5. Storm Water Utility connection fees totaling $5,336.10 shall be collected with the subdivision. 6. A plan showing the design of the rain garden features along with details and specifications shall be provided for review and approval. 7. The proposed location of the rain gardens shall be moved such that it treats water from the driveway and/or road area and so that there is not a concentrated flow condition to the bluff area. 8. The applicant must provide a letter from Minnehaha Creek Watershed District stating that the development is in compliance with their stormwater management and erosion control rules. 9. An operations and maintenance manual describing the schedule for anticipated inspections and maintenance of the rain garden areas and indicating who is responsible for the long -term care and maintenance of the features unless included with MCWD submittal and approval. 10. A $5,000 security must be provided to ensure that the rain garden features are constructed on lots 1 and 2. The security can be released when the City confirms that they have been constructed per design and have adequately performed through one full growing season. 11. A Surface Water Pollution Prevention Plan (SWPPP) meeting the requirements of the NPDES construction permit shall be provided for review and comment. 12. The applicant shall provide proof that the NPDES permit has been applied for and received from the MPCA. This can be in the form of the permit number. SP -4 13. All erosion prevention and sediment control shall be installed prior to any earth - disturbing activities. The city shall be contacted to inspect that this condition has been met. 14. All applicable details shall be included in the plan set and shall be specific to the proposed improvements. 15. The detail for the bioretention facility shall be modified such that it does not include in situ soils materials. 16. The underdrain shall be fitted with a mechanism to restrict flow to the outlet. A geotechnical report or percolation testing report indicating that the area is not conducive to infiltration as described in the MN Online Stormwater Manual can be submitted in lieu of this. 17. Silt fence or other perimeter controls shall be installed to protect the rain garden areas from all construction - related activities and shall be placed as far from the top of bluff as is reasonable to allow adequate room for construction equipment yet protecting the bluff. 18. The plans should call out for all infiltration/filtration areas that they are to be protected from all construction related activities throughout the duration of the project. D. PARKS AND RECREATION DEPARTMENT CONDITION OF APPROVAL The developer shall pay park dedication fees at the rate in force upon final plat approval for the two lots prior to recording the property deeds. E. PLANNING DEPARTMENT CONDITION OF APPROVAL Deeds for the two parcels shall be submitted to the city for review and approval and then recorded at Carver County. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. OW CITY OF CHANHASSEN It", (SEAL) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager SUMMIT WOODS, LLC: 1:w STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) STEPHEN BONA, MANAGER The foregoing instrument was acknowledged before me this day of 2014, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by Stephen Bona, Manager of Summit Woods, LLC, a Minnesota Limited Liability Company, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 SP -6 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT f eil1J1�T.Yy 71 M1�]�[�J�[.Y�1 LXyL11 3�3 0 t Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for Carver County, Minnesota and That tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3, thence East 12 rods and 19 links; thence South 9'/z degrees East to the point of intersection with the South line of Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for Carver County, Minnesota, if extended, thence North along East line of Lot 6 to the point ofbeginning. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20. STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 201 by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 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 ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 of (Name of Bank, ) ; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty - five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. M Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer famished to the City and approved by the City Engineer. The Developer shall obtain all necessary GC -1 permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors 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 hispector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. 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. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment 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 and sediment 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 and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport 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 and sediment control requirements. Erosion and sediment 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 and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control fYiLy?.Yli(�.YI 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash GC -2 escrow or letter of credit per lot shall also be fiunished to the City to guarantee compliance with City Code § 7 -22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims 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 from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one -half (2'/2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between GC -3 October 1 through May 1 these conditions must be complied with by the following July 1 st. 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 7 -22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25 %) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted 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. 16. Existing Assessments. Any existing assessments against the plat will be re- spread against the plat in accordance with City standards. 17. Hook -up Charges.. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook -up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook -up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City GC -4 ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be firmished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly famish the City "as- built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3 %) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3 %) of construction costs for the first $500,000 and two percent (2 %) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one -half percent (21h %) of construction costs for the first $1,000,000 and one and one -half percent (1 %2 %) 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 and erosion and sediment control 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 21E of this Agreement. GC -5 C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre - construction meeting for installation of public improvements. Trailers shall be removed from the subject property within MOM 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 also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or 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 GC -7 must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. bility. 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, including pick -up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 am. 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 on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All 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 per nits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street M3 base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off -site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20 %) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. tions. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness 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. RUM. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full -size construction plans and four sets of 11 "x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete fall -size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. GC -10 Rev. 3/31/06 GC -11