1a-2. Lake Susan Hills Dev Contract I
CITYOF
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1 690 COULTER DRIVE • . • SS , O
(61•2)P9.037.
612) 937-1900 P.OBOX •147 FAX CHANHA(612) 937-5739 EN A((1MINNESIfl ;` TA A'55 317
1 MEMORANDUM tnoe —
TO: Gary Warren , City Engineer
De. �
FROM: Charles Folch, Assistant City Engineer
DATE: September 18 , 1990 _
lc�_
SUBJ: Approve Development Contract for Lake Susan Hills West 5th
1 Addition
Project No. 90-16 (pvt)
The attached development contract prepared for Lake Susan Hills
West 5th Addition incorporates the recommended conditions of
1 approval for the final plat. Therefore, it is recommended that
the City Council approve the attached development contract for
Lake Susan Hills West 5th Addition.
ktm
OFFICIAL ENGINEERING COPY
c: Brian Olsen , Argus Development Received
Revision No.
Approved b City Engin-�r ��
1 Date
Approved by City Council
1 Date
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CITY OF CHANHASSEN 11
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKE SUSAN HILLS WEST 5TH ADDITION
SPECIAL PROVISIONS
AGREEMENT dated September 24, 1990, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
"City") , and Argus Development, Inc. , a Minnesota corporation,
( the "Developer" ) .
1. Request for Plat Approval. The Developer has asked '
the City to approve a plat for LAKE SUSAN HILLS WEST 5TH ADDITION
( referred to in this Contract as the "plat" ) . The land is
legally described on the attached Exhibit "A" .
2. Conditions of Plat Approval. The City hereby
approves the plat on condition that the Developer enter into this '
Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the
plans may be prepared, subject to City approval , after entering
the Contract, but before commencement of any work in the plat.
If the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A--Plat approved by City Council on September 24,
1990 prepared by Pioneer Engineering.
Plan B--Grading, Drainage, and Erosion Control Plan dated 1
July 23, 1990, revised August 31, 1990, prepared
by Pioneer Engineering.
Plan C--Plans and Specifications for Improvements
approved by City Council September 24, 1990,
prepared by Pioneer Engineering. '
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1 4. Improvements. The Developer shall install and pay
for the following:
IA. Sanitary Sewer System
B . Water System
C. Streets
II D. Concrete Curb and Gutter
E . Street Signs
F. Street Lights
I G. Site Grading
H. Underground Utilities (e.g. gas , electric,
telephone, CATV)
Setting of Lot and Block Monuments
II .
J. Surveying and Staking
K . Trails/Sidewalk
I 5. Time of Performance. The Developer shall install
all required improvements by November 30 , 1991. The Developer
may, however, request an extension of time from the City. If an
I extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and
the extended completion date.
I 6. Security. To guarantee compliance with the terms
of this Contract, payment of special assessments, payment of the
costs of all public improvements and construction of all public
I improvements, the Developer shall furnish the City with a letter
of credit from a bank, cash escrow, or equivalent ( "Security" )
for $119 , 970. 00. The amount of the security was calculated as
I110% of the following:
Sanitary sewer $ 22, 575 . 00
Watermain $ 19, 740. 00
I Streets $ 42. 748. 00
Street lights and signs $ 500. 00
Erosion Control $ 7,000. 00
I Engineering, surveying,
and inspection $ 8,500 . 00
Landscaping/Restoration $ 8, 000. 00
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 109,063.00
This breakdown is for historical reference; it is not a restric-
' tion 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, 1991. The City may draw down the security,
I without notice, for any violation of the terms of the 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
Idraw shall be used to cure the default. With City approval, the •
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security may be reduced from time to time as financial obliga- I
tions 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. '
7 . Notices. 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:
Argus Development, Incorporated
Attn: Joseph Miller, President
18133 Cedar Avenue
Farmington , Minnesota 55024
Telephone: (612 ) 431-2001
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 Coulter Drive
P.O. Box 147
Chanhassen , Minnesota 55317
Telephone: (612 ) 937-1900
8. Other Special Conditions.
A. All streets that are proposed for future
connection shall be provided with a turnaround which meets City
standards with a barricade and signage stating that it is a
temporary cul-de-sac and will be a future road connection.
B. The developer shall provide one tree per lot
and additional landscaping along the entrances and boulevards as
part of the PUD approval and the developer shall provide $150 per
lot for landscaping.
C. The developer shall provide a plan illustrating
large areas of mature vegetation located on the site. Areas of
mature vegetation not impacted by streets or building pads shall
be preserved with tree removal plans required as part of the
building permits.
D. The developer shall provide a registered
engineer 's report on soils , footings and structural design and a
registered engineer ' s grading and drainage plan for the City
Engineer and Building Department approval prior to issuance of a
building permit .
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E. Trails/Sidewalks: The developer shall be
required to provide trails/sidewalks as follows:
' 1. 5-foot wide concrete sidewalks shall be
constructed along through streets as shown
on the attached plan. Sidewalks shall be
I completed at the time street improvements
are constructed. In areas where temporary
street improvements are being accepted by
' the City , a temporary asphalt sidewalk may
be installed with the understanding that it
will be replaced by a permanent concrete
sidewalk upon installation of permanent
1 improvements .
2 . The above trails/sidewalks satisfy the
' City ' s trail dedication requirements and
therefore no trail fee shall be charged.
' 3 . A 20-foot wide trail easement along the
west side of Powers Boulevard shall be
dedicated for future trail purposes .
F. The applicant will be required to pay 50% of
park dedication fees. There will be no trail fee required.
' G. The applicant shall obtain and comply with all
permits required by the DNR, Watershed District, PCA and Health
Department.
H. After grading, all disturbed areas shall
immediately be seeded and mulched to prevent erosion. All slopes
greater than 3:1 will need to be stabilized with wood-fiber •
blankets or equivalent and Type III erosion control .
I. All street and utility improvements shall
' conform to the City ' s standards for urban construction.
Construction plans and specifications shall be submitted to the
City Engineer for review and approval .
J. Grading along the plat and site grading
boundaries shall be compatible with adjacent properties and
existing off-site drainage patterns.
K. All of the access points to the parkland
between single-family lots shall be paved and signed that they
' are public access points .
L. Park Access: The approved PUD plan provided
access off of both looped streets . Such continues to be required
' and should be shown as parkland dedication, not simply easements.
M. All building permits with patio doors as part
of the building plans shall provide a survey showing that a deck
can be installed without a variance to the setback.
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N. Type II erosion control shall be added along I
the proposed silt fence adjacent to sediment basin and ravine
areas .
0. Truck hauling in and out of the site shall be
limited to the proposed Lake Susan Hills Drive access off of
Powers Boulevard (County Road 17 ) at the south end of the project. '
P. The developer shall provide the necessary
easements for the storm sewer proposed to be constructed outside
of the current 5th Addition plat, or previously 4th Addition
plat, and the temporary cul-de-sac on Flamingo Drive.
Q. The drainage and utility easement through the 1
northeast corner of Lot 5 , Block 1, shall extend to the side lot
easement line.
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11 CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
' (SEAL)
BY:
Don Ashworth, City Manager
DEVELOPER: Argus Development, Inc.
BY:
Its
' STATE OF MINNESOTA )
) ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel , Mayor ,
' and by Don Ashworth, 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 , 19 , by
the of Argus Development, Inc.
Notary Public
DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
( 612 ) 937-1900
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CONSENT
, 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 sub-
ject property owned by them.
Dated this day of , 19 '
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STATE OF MINNESOTA ) •
ss .
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
Notary Public
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
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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 agree-
ment 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 written letter that the foregoing con-
ditions have been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a
' multi-phased preliminary plat, the City may refuse to approve
final plats of subsequent phases if the Developer has breached
this Contract and the breach has not been remedied. Development
' of subsequent phases may not proceed until Development Contracts
for such phases are approved by the City.
' 3. Effect of Subdivision Approval. For two (2) years
from the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to
' or affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the
' Developer. Thereafter, notwithstanding anything in this Contract
to the contrary, to the full extent permitted by state law the
City may require compliance with any amendments to the City's
' Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Improvements. The improvements specified in the
Special Provisions of this Contract shall be installed in
Approved by the
City Council on
2/22/88.
REVISED 8/8/88 - 19Q, R and S Added. •
REVISED 9/20/88 - 19I Revised.
REVISED 3/22/89 - 12 and 17 Revised.
REVISED 4/20/89 - 19T and U Added.
REVISED 6/12/89 - 6 Revised.
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REVISED 8/8/89 - 15 Revised.
REVISED 4/3/90 - 11 and 191 Revised.
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REVISED 5/10/90 - 19T Revised.
GC-1
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accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent
registered professional engineer furnished to the City and
approved by the City Engineer. The Developer shall obtain all
necessary permits from the Metropolitan Waste Control Commission
and other 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 instruct its engineer to .
respond to questions from the City Inspector(s) and to make
periodic site visits to satisfy that the construction is being
performed to an acceptable level of quality in accordance with
the engineer 's design. The Developer or his engineer shall
schedule a preconstruction meeting at a mutually agreeable time
at the City Council chambers with all parties concerned,
including the City staff, to review the program for the
construction work. Within sixty (60 ) days after the completion
of the improvements 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 sets of blue line as-built plans, (3) two complete sets
of utility tie sheets, (4 ) location of buried fabric used for
soil stabilization, (5) location stationing of all utility stubs,
( 6) bench mark network, and (7) a 200 scale and a 500 scale
reproducible mylar copy of the plat.
5. 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. ,
6. Site Erosion Control. Before the site is rough
graded, and before any utility construction is commenced or
building permits are issued, the erosion control plan, Plan B,
shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if they
would be beneficial. All areas disturbed by the excavation and
backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise
provided in the erosion control plan, seed shall be certified
seed to provide a temporary ground cover as rapidly as possible.
All seeded areas shall be fertilized, mulched, and disc anchored
as necessary for seed retention. The parties recognize that time
is of the essence in controlling erosion. If the Developer does '
not comply with the erosion control plan and schedule of
supplementary instructions received from the City, the City may
take such action as it deems appropriate to control erosion at
the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the
City to do so will not affect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no •
building permits will be issued unless the plat is in full
compliance with the erosion control requirements. Erosion
control needs to be maintained until vegetative cover has been
restored, even if construction has been completed and accepted.
After the site has been stabilized to where, in the opinion of
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the City, there is no longer a need for erosion control, the City
will remove the erosion control measures. Before the City signs
' the final plat, the Developer shall pay the City a fee of $1 .00
per foot of erosion control that is required to be constructed in
accordance with the erosion control plan for the plat, Plan B, to
' cover the City's cost for removal.
7. Clean Up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt
and debris, including all blowables, from streets and the
surrounding area that has resulted from construction work by the
Developer, its agents or assigns.
' 8. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construc-
tion 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 attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
9. Claims. In the event that the City receives claims
from labor, 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 pro-
ceedings as it pertains to the letters of credit deposited with
the District Court, except that the Court shall retain jurisdic-
tion to determine attorneys' fees.
10. Park and Trail Dedication. Prior to the issuance
of building permits for residential construction within the plat,
the Developer, its successors or assigns, shall pay to the City
the park and trail dedication fees then in force pursuant to
Chanhassen City Ordinances and City Council resolutions.
' 11. Landscaping. Unless the lot already has one tree
in the front yard of suitable species, the Developer or lot
purchaser shall plant a tree in the front yard of every lot in
the plat. Suitable trees include:
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Maples Honeylocust Ash Ginko (male only)
Linden Hackberry Basswood Kentucky Coffee Tree
Green Ash Oak Birch
Other species of trees may be approved by the building inspector. II
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak II bark, are prohibited. The minimum tree size shall be two and
one-half ( 2} ) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the
boulevard (area between curb and property line) . In addition to
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any sod required as a part of the Erosion Control Plan (Plan B) ,
the Developer or lot purchaser shall sod the boulevard area and
all drainage ways on each lot utilizing a minimum of four inches
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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 II financial guarantee in the form of cash or letter of credit shall
be provided to the City. Improvements are _to be completed during
the first growing season after issuance of the Certificate of
Occupancy. After satisfactory inspection, the financial
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guarantee shall be returned. The City has established the
financial guarantee at $1,000; however, this may be increased
annually based upon cost. These requirements supplement but do
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not replace specific landscaping conditions that may have been
required by the City Council for project approval.
12. Warranty. The Developer warrants all work required
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to be performed by it against poor material and faulty work-
manship for period of two (2) years after its completion and
acceptance by the City. All trees, grass, and sod shall be
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warranted to be alive, of good quality, and disease free at the
time of planting. All trees shall be warranted for twelve (12)
months from the time of planting. The Developer or his
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contractor(s) shall post maintenance bonds (Miller-Davis Company
form No. 1636 or equal) or other security acceptable to the City
to secure the warranties at the time of final acceptance.
13. Lot Plans. Prior to the issuance of building per- II
mits an acceptable Grading, Drainage, Erosion Control, and Tree
Removal Plan shall be submitted for each lot as required in the
Special Provisions, 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 City Ordinance.
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14. Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordance
with City standards.
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15. Street Lighting. The Developer shall have installed
and pay for street lights in accordance with City standards. A I
. 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 $200.00 for each street
light installed in the plat. The fee shall be used by the City II
for furnishing electricity for each light for twenty (20 ) months.
GC-4 I
16. Street Signs. All street name and traffic signs
required by the City as a part of the public improvements shall
' be furnished and installed by the City at the sole expense of the
Developer.
17. 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, pro-
cessing pay requests, processing security reductions and final
acceptance of improvements. This fee does not cover the City's
cost for resident 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 (2}%) of
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construction costs for the first $1,000,000 and one and
' one-half percent (11%) 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 impro-
vements is defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the
Developer shall reimburse the City for all out-of-pocket costs
' incurred by the City for providing resident 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 17E of this agreement.
C. The Developer shall hold the City and its offi-
cers 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 attorney's
- fees.
GC-5
E. The Developer shall pay in full all bills sub-
mitted 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. ,
18. 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.
19. 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 thirty (30 ) days
following the acceptance of the public improvements unless other-
wise
approved by the City Engineer.
B. Postal Service. The Developer shall provide 1
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. •
D. Breach of Contract. Beach of the terms of this '
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability. If any portion, section, subsec-
tion, 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. Delays. If building permits are issued prior
to the completion and acceptance of public improvements, the
Developer assumes all resulting liability and costs from delays
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in completion of public improvements and damage to public im-
provements caused by the City, Developer, its contractors, sub-
contractors, materialmen, employees, agents, or third parties.
G. Occupancy. Unless approved in writing by the
City engineer , no one may occupy a building for which a building
' permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous
surface.
' H. 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.
I. Release. This Contract shall run with the land
and shall 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 written request for a
certificate applicable to an individual lot allowing a minimum of
ten (10 ) days for processing.
J. Insurance. Developer shall take out and main-
tain 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 pro-
_ perty 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
' $200 ,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 can-
' cellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
R. Remedies. Each right,power or remedy herein
' conferred upon the City is cumulative and in addition to every
other right, power or remedy, express 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.
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L. Assignability. The Developer may not assign 1
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.
M. Construction Hours. Construction equipment may
only be operated in the plat between 7:00 a.m. and 6:00 p.m. ,
Monday through Saturday. Operation of construction equipment is
also prohibited on the following holidays: New Year 's Day,
Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas
Eve Day,, and Christmas Day.
N. Access. All access to the plat prior to the ,
City accepting the roadway improvements shall be the respon-
sibility of the Developer regardless if the City has issued
building permits or occupancy permits for lots within the plat. '
0. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
subdivision are accepted by the City. Warning signs shall be
placed by the Developer when hazards develop in streets to pre-
vent the public from traveling on same and directing attention to
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detours. If streets become impassable, the City may order that
such streets shall be barricaded and closed. The Developer shall
maintain a smooth roadway surface and provide proper surface
drainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the
streets . The City shall have complete discretion to approve or
reject the request. The City shall not be responsible for
reshaping or damage to the street base or utilities because of
snow plowing operations. The provision of City snow plowing ser-
vice does not constitute final acceptance of the streets by the
City. '
P. 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 unac-
ceptable and replacement sites will need to be located for each
violated site in order to obtain a building permit. '
Q. 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.
R. Compliance -with Laws, Ordinances and Regulations.
In the development of. the plat the Developer shall comply with
all laws, ordinances, and regulations of the following authorities:
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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.
S. 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.
' T. 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
r-
City.
U. 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.
- END OF GENERAL CONDITIONS - - -
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