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' 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN,MINNESOTA 55317
4612)937-1900• FAX(612)937-5739
•
I MEMORANDUM
,
TO: Don Ashworth, City Manager
IFROM: Paul Krauss, Planning Director
DATE: June 21, 1990
ISUBJ: Development Contract for Burdick Second Addition
IAttached is the development contract for Burdick Second Addition.
There are no public improvements proposed at this time. The
development contract is being used to ensure compliance with the
ICity Council's conditions approval,:
RECOMMENDATION tp
Staff recommends the City Council approve the Development Contract
for Burdick Second Addition. Q,
IATTACHMENTS a.
1. Development Contract. "
. Aral..
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CITY OF CE NEAssEN
4 flZVELOPXE T CONTRACT
SPECIAL PROVISIONS
11 AGREEMENT dated , 1990, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, ("City") , and
' , (the "Developer") .
1. Request for Plat Approval. The Developer has asked the
a City to approve a plat for BURDICK SECOND ADDITION
(referred to in this
IContract as the "plat") . The land is legally described on the attached
Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the
II plat on condition that the Developer enter into this Contract and comply
with 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
Icommencement of any work in the plat. If the plans vary from the written
Iterms of this Contract, the written terms shall control. The plans are:
Plan A--Plat prepared by
' Plan B--Grading, Drainage, and Erosion Control Plan dated
, 19 , prepared by
4. Improvements. The Developer shall install and pay for the
following:
A. Site Grading
tB. Underground Utilities (gas, electric, phone, CATV)
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-11JN-21-1990 17:08 FROM -,3CAt*PBELL. KN TTSON. SCOTT TO _" 13375739 --_.P.03
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irC. Setting of Lot and Block Monuments I/
D. Surveying and Staking
S. Time of Performance. 'The Developer ahaal install all ,
required improvements by November 30, 1990. The Developer may, however,
request an extension of time from the City. If an extension is granted, II
it shall be conditioned nu
upo pdating the security posted by the
Developer to reflect cost increases and the extended completion date.
6. Notices. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
pe .
employees or agents, or mailed to the Developer by registered mail at
the following address: 426 Lake Street, Excelsior, Minnesota 55331.
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. '
8. Other Special Conditions.
A. The Developer shall replat the plat once condemndation ,
of the right-of-way by the Minnesota Department of
Transportation is completed to show the right-of-way and
revised drainage easements. ,
B. Building permits shall not be issued for any lot in the
plat until a revised plat is approved by the City and filed
with Carver County.
C. The Developer shall dismiss the pending lawsuit with
prejudice concerning the platting of the property, Carver ' t
County District Court File No. 23579, before the City signs the
final plat.
9. General Conditions. The general provisions of this '
Contract are attached as Exhibit "B" and incorporated herein.
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1*-1990 17:09 = oti =CAt'IPBELL.,-404UTSOCOTT - 339P.24
-CITY OF CHANHASSEN
BY:
(SEAL)
Donald J. Chmiel, Mayor
AND
11 Don Ashworth, City Manager
/.1
DEVELOPER:
STATE OF MINNESOTA )
( ss.
COUNTY. OF CARVER
The foregoing instrument was acknowledged before me this
I day of 1990, by Donald J. Chmiel, Mayor, and by Don
Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal
Icorporation, 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 1990, by
1
NOTARY PUBLIC
DRAFTED BY:
' Campbell, Knutson, Scott
& Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, Minnesota 55122
(612) 456-9539
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1=1990 17:09 'FROM - -17■MPBELL, -KNUTSON TaCOTT - TO
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ADONSENT
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1 owners of all or part of the subject property, the development of which
- is governed by the foregoing Development Contract, affirm and consent to II
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.
t
II
Dated this _____
day of , 19 .
I ...• ••
II
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1
II,,- STATE OF MINNESOTA )
( ss.
COUNTY OF )
•
, I
* s--- The foregoing instrument was acknowledged before me this
4
• day of , 19 , by .
II
:.
f NOTARY PUBLIC
I
DRAFTED BY:
II
Campbell, Knutson, Scott
& Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, Minnesota 55122
II
(612) 456-9539
II
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CITY OF ClIANNASEIRN - -
1 DEVELOP1t8NT CONTRACT -
'mann "B" '
1
1 - •GENERAL CONDITIONS -.
1. Right to Proceed.
, Within the plat or land to be platted,
the Developer per may not grade or otherwise disturb the earth, remove
A trees, construct sewer lines, water lines, streets, utilities, public. P or
' private improvements, or any buildings until all the following
s
i conditions have been satisfied: i) this agreement has been fully
7, II executed by both parties and filed with the City Clerk, 2) the plat has
been recorded with the County Recorder's Office of. the County where the
' plat is located, and 3) the City Engineer has issued a writt
4.
en letter
f that the foregoing conditions have been satisfied and then the Developer
may proceed.
' 2. 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 currant urban service area,
or official controls shall apply to or affect the use, development
ment
: P
density, lot size, lot layout or dedications of the approved plat unless
_. I 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
t require compliance with any amendments to the City's Comprehensive Plan,
official controls, platting or dedication requirements enacted after the
date of this Contract. _
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JUN-21-1990 17:11 FROM CAIVEELL KNUTSON 7 SCOTT TO- - s-9375739"-' P.07
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3. License. The Developer hereby grants the City, its agents, II
employees, officers and contractors a license to enter the plat to
I
perform all work and inspections deemed appropriate by the City in
conjunction with plat development. I
4. Erosion Control. Before the site is rough graded, and
- before any utility construction is commenced or building permits are II
g
issued, the erosion control plan, Plan B, shall be implemented by the
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Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All II
areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. Except
I
as otherwise provided in the erosion control plan, seed shall be
certified seed to provide a temporary ground cover as rapidly as II p Y
4
possible. All seeded areas shall be fertilized, mulched, and disc I
anchored as necessary for seed retention. The parties recognize that
time is of the essence in controlling erosion. If the Developer does not II
comply with the erosion control plan and schedule or supplementary
instructions received from the City, the City may take such action as it I
deems appropriate to control erosion at the Developer's expense. The 1
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 I
and City's rights or obligations hereunder. No development will be
allowed and no building permits will be issued unless the plat is in II
full compliance with the erosion control requirements. Erosion control
I
needs to be maintained until vegetation cover has been restored, even if
after construction as been completed and accepted. After completion of
II
construction the City will remove the silt fences. To pay for the
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- 7UN-21-1990 17:12 FROM- _ CAMPBELL,. JTSO 1, TT.-__313--- -- .,S375739_ oB
removal, before the City signs the final plat the Developer shall pay
the City a fee of $1.00 per foot of silt fence that is required to be
constructed in accordance with the erosion control plan for the- plat,
Plan B.
°' 5. Clean np. The Developer pe shall daily clean, an and off
site, dirt and debris from streets and the surrounding area that has
' resulted from construction work by the Developer, its agents or assigns.
• 6. 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
Imake a final inspection of the work with the City Engineer. Before the
City accepts the improvements, the City Engineer shall be satisfied that
_ I 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
Iwaivers. Final acceptance of the public improvements shall be by City
Council resolution.
' 7. 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
uleast 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
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ocedure for the District Courts, to draw upon the letters of credit in amount up to 125% of the claim(s) and deposit the funds in compliance
t.- _ -with the Rule, and upon such deposit, the -Developer -shall release, I
discharge, and dismiss the City from any further proceedings as it
pertains to the letters of credit deposited with the District Court,' II
except that the Court shall retain jurisdiction to determine attorneys' I
fees.
t S. Park and Trail Dedication. Prior to the issuance of I
building permits, the Developer, its successors or assigns, shall pay to
the City the park and trail dedication fees then in force pursuant to 1
.
Chanhassen City Ordinances and City Council resolutions. I
9. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
I
period of one (1) year after its completion and acceptance by the City.
All trees, grass, and sod shall be warranted to be alive, of good I
quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The II
Developer shall post maintenance bonds or other security acceptable to I
}
the City to secure the warranties at the time of final acceptance.
10. Lot Plans. Prior to the issuance of building permits an II
.* acceptable Grading, Erosion Control, and Tree Removal Plan shall be
submitted for each lot as required in the Special Provisions, for review II
. and approval by the City Engineer. Each plan shall assure that drainage
I
is maintained away from buildings and that tree removal is consistent
with City Ordinance.
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111- 11. Existing Assessments. Any existing assessments against the
plat will be respread against the plat in accordance with City
-standards.
I
12. Street Lighting. Before the City signs the final plat, the
Developer shall pay the City a fee of $200.00 for each street light
Al installed in the plat. The fee shall be used by the City .for furnishing
electricity for each light for twenty (20) months or until homes have
been built on each lot in the plat, whichever first occurs.
' 13. 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.
14. Responsibility for Costs.
' A. The Developer shall reimburse the City for all out-of-
pocket costs incurred by the City in monitoring and inspecting •
development of the plat.
' B. 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.
C. The Developer shall reimburse the City for costs
1 incurred in the enforcement of this Contract, including engineering and
attorneys' fees.
' D. The Developer shall pay in full all bills submitted to
IIit by the City for obligations incurred under this Contract within
thirty (30) days after receipt. If the bills are not
paid on time, the
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_- JUN-21-1990 ±7FiliïO — -9sr5Y.s9 P.11
-City may halt all plat development work and construction, including but
not limited to the issuance of building permits for lots which the I/
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Developer may or may not have sold, until the bills are paid in full.
I
Bills not paid within thirty (30) days -shall accrue interest at the rate
of 8% per year. I
E. In addition'to the charges and special assessments
referred to herein, other charges and special assessments may be imposed I
r
such as but not limited to sewer availability charges ("SAC") , City
water connection charges, City sewer connection charges, and building II
_ permit fees. 1
15. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder, the II
City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, II
provided the Developer is first given notice of the work in default, not
less than four (4) days s in advance. This Contract is a license for the I
Y
City to act, and it shall not be necessary for the City to seek a Court
II
t 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 1
in whole or in part.
II16. Miscellaneous.
A. Construction Trailers. Placement of on-site I
construction trailers and temporary job site offices shall be approved
by the City Engineer as a part of the pre-construction meeting for II
installation of public improvements. Trailers shall be removed from the
subject property within thirty (30) days following the acceptance of the I
public improvements unless otherwise approved by the City Engineer. I
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- B. Postal Service. The Developer shall provide for the
ill:' maintenance of postal service in accordance with the local Postmaster's
request.
al C. Third Parties. Third parties shall have no recourse
against the City under this Contract.
ill D. Breach of Contract. Breach of the terms of this
-Contract by the Developer shall be grounds for denial of building
L permits, including lots sold to third parties.
e.'
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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
iII remaining portion of this Contract.
- .II - . F. Delays. If building permits are issued prior to the
completion and acceptance of public improvements, the Developer assumes
IIall resulting liability and costs from delays in completion of public
improvements and damage to public improvements caused by the City,
y ' Developer, its contractors, subcontractors, materialmen, employees,
11 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.
i
1 H. waivers/Amendments. The action or inaction of the City
11 shall not constitute a waiver or amendment to the v '
pro isions of this
II Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City
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. _ 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 may
be recorded against the title to the property ri p� p y After the Developer has
completed the work required of it under this Contract, at the 1
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Developer's request the City will execute and deliver to the Developer a
partial release.
J. Insurance. Developer shall take out and maintain until I
six (6) months after the City has accepted the public improvements,
public liability and property damage insurance covering personal injury, II
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 I
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 limitpolicy 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. 1
R. Remedies. Each right, power or remedy herein conferred
upon the City is cumulative and in addition to every other right, power
P
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 1
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JUN-21-1990 -17=16 FROM _-• AM 'BEL.L. mffsON. SCOTT -TO 19375739 --'AP.14
may be exercised from time to time as often and in such order as may be
i deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter -any other right,
Y power or remedy.
L. Assignability. The Developer may not assign this
I, 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
1
part of it.
IM. Construction Hours. Construction equipment may only onI 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
Ifollowing holidays: New Year's Day, Memorial Day, Labor Day, July 4th,
Christmas Eve Day, and Christmas Day.
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