1a2 Approval of Devel Contract
CITY OF
CHANHASSEN
77110 Markel Boulevard
POBox 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fa<952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax:952.227.1110
Park & Recreation
Phone: 952.2271120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952.227.14110
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Worts
1591 Park Road
Phone: 952.227.13110
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
WebSile
www.ci.chanhassen.mn.us
~~-).
MEMORANDUM
TO:
Teresa Burgess, Director of Public Works/City Engineer O~
Mart Saam, Assistant City Engineer ¡11{~
FROM:
DATE:
April 15, 2002
SUBJ:
Approve Development Contract and Construction Plans and
Specifications for Park Nicollet 1 st Addition
Project No, 02-05
The attached development contract incorporates the conditions of approval from
the final platting and construction plans and specifications review process, Staff
has calculated the required financial security to guarantee compliance with the
terms of the development contract at $107,609 and the administration fees total of
$42,887 that includes 1/3 of the required Park/Trail fees.
The applicant has also submitted detailed construction plans and specifications for
staff review and City Council approval. Staff has reviewed the plans and
specifications and finds the plans still need some minor modifications. Staff
requests that the City Council grant staff the flexibility to administratively approve
the plans after working with the applicant's engineer to modifY the plans
accordingly. It is therefore recommended that the construction plans and
specifications for Park Nicollet 1st Addition dated April 1 , 2002, prepared by
Sunde Engineering and the development contract dated April 22, 2002 be
approved conditioned upon the following:
I. The applicant shall enter into the development contract and supply the City
with a cash escrow or letter of credit in the amount of $1 07,609 and pay an
administration fee of $42,887.
2. The applicant's engineer shall work with City staff in revising the construction
plans to meet City standards.
Attachments: 1.
2.
Development Contract dated April 22, 2002.
Construction plans and specifications are available for
review in the Engineering Department. .. .
.. . . ,,""'..... w"c,"·'-' r' "'-,'{
Breakdown of admimstration fees dated 1\)IfRa~,¿,{ ",,,,;:·,;:¡~·' '."';~ v,·r
3.
Received ~._---_._--_.---
c:
Tom pzynski, American Legion
Revis.icJn ì·,;c-. .--.------
g:\eng\projects\park nicollet\approve dc.doc
, . . /":f" .:' ""';~"""r:.i'
AprJ~(Wf;[J r:,'J' '_I,] '.,,~.¡lV..
r_'~ ""..1_ ~
¡.",,'ut'.. ___:~..~
ApprOV0r.; t~y C¡'ÿ C(¡I.múU
The City 01 thanhassen . A growing community with clean lakes, Quality schools, a channing downtown, thriving businesses, winding trails, and beautitul park~ A Q.at place to live, work, and play.
CITY OF CHANHASSEN
PARK NICOLLET 1ST ADDITION
PROJECT NO. 02-05
BREAKDOWN OF ADMINISTRATION FEES - 4/15/02
Estimated Total Cost of Public Improvements
¡
¡
$ 47,826.00
$ 1,435.00
$ 450.00
3% of Public Improvement Costs (up to $500,000)
Final Plat Process (Attorney Fee for Review and Recording of
Plat and Development Contract)
Recording Fees
a, Development Contract
b. Plat Filing
c. Private Utility Easement (Lot 1)
d. Private Utility Easement (Lot 2)
e. Cross-Access Easement
$ 30.00
$ 30.00
$ 30.0(>
$ 30.00
$ 30.00
One-Third Park Fee
5.58 Acres @ $4,500/3
$ 8,370.00
One-Third Trail Fee
5.58 Acres @ $1500/3
$ 2,790.00
$ 29,647.00
$ 45.00
$ 42,887.00
Surface Water Management Fee
GIS Fee ($25/plat and $10/parcel)
TOTAL ADMINISTRATION FEES
Park Nicollet. FEE
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
PARK NICOLLET 1 ST ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROV AL............................................................................SP-l
2. CONDITIONS OF PLAT APPROV AL........................................................................SP-l
3, DEVELOPMENT PLANS ..·....·......·.............................................................................SP-l
4. IMPROVEMENTS ................................................................,.......................................SP-2
5. TIME OF PERFORMANCE ..........·..·....·..·..·....,............·..·...........................................SP-2
6. SECURiTy.... ........ ....... ........, ....... ........, ....................... .... .... ... ... .......... .......... ........ .... ... SP-2
7. NOTICES.. ......., ........ ....... ........ ........ .... .... .... .... ........ .... ..., ....... ... ..., ...... .......... ... ........ ..... SP-3
8. OTHER SPECIAL CONDITIONS....,.......,.......,.......,....................,..............................SP-3
9. GENERAL CONDITIONS ..,............,...................,.............,................,..,......,......,........SP-5
GENERAL CONDITIONS
1. RiGHT TO PROCEED..................................................,..............................................GC-l
2. PHASE DEVELOPMENT ..................................................................,.....................,..GC-1
3. EFFECT OF SUBDIVISION APPROV AL..................................................................GC-l
4. IMPROVEMENTS .........................,..................................................,...................,......GC-l
5. iRON MONUMENTS ......,.......................,.......,..............,...................,........................GC-2
6. LICENSE ......, ......, ....... .......,........,.......,..........,.... .......,......,...... ......,......, ...................... GC-2
7. SITE EROSION CONTROL.........,..............................,...................,...........................GC-2
7 A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLiNG OR OTHER
BUiLDiNG..................................,......................................,..........................................GC-2
8. CLEAN UP ...................................................,...............................................................GC-2
9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC_2
10. CLAIMS.............., ....... .... ... ........ ......... ......., ......., ....... .... .... ... .... ... ... ... .... ...... ....... .... ...... GC-3
11. PARK AND TRAiL DEDICATION ............................................................................GC-3
12. LANDSCAPiNG ....................,.......,..............,.......,.......,......,............,..........................GC-3
13. WARRANTY ...........,......".......,.......,.......,......................,............,............,......,.......,...GC-4
14. LOT PLANS ........,......,.......,.......,.......,.......,.......,........................................,................GC-4
15, EXISTiNG ASSESSMENTS ......."......,.......,.......,....................,..................................GC-4
16. HOOK-UP CHARGES ....................,.......,......"......,.......,...............................,.............GC-4
17. PUBLIC STREET LIGHTiNG .....................................................................................GC-4
18, SIGNAGE ...... ....... ........ ....... ........ ........, ... ...., ... ...., ... .... ....... ....... ... ... ......, ... ... ....... .... ..... GC-4
19. HOUSE PADS ...............................................,..............................................................GC-4
20. RESPONSffiiLITY FOR COSTS............·....................................................................GC_4
21. DEVELOPER'S DEFAULT ................,........................................................................GC-6
22. MISCELLANEOUS
A. Construction Trailers ....,......·,..·..........·,..·..·....·......·..·.............,.........................GC-6
B. Postal Service ... ........ ........ ........ ....... .... .... ....... .............. ....... ... ... ............. ........ ... GC-6
C. Third Parties.... .... ....... .... .... .... .... ....... .... .... ......., ... ... .......... ... ............. ...... ........ ..GC-6
D. Breach of Contract ........ ........ ....... .......,... .... ....... ............. ............. ...... ............... GC-6
E. Severability...... ....... .... .... .... ..., ... .... .... ..., ....... ....... ............. ... ... ...... ......, ... ...., ..... GC- 7
1
F. Building Permits..... ......,... ... ... ..........,.....,..... ... ................,...............,..,.........,... GC-7
G . Waivers/Amendments.., ....., .........,... ............... ........,...............,..... .....,...... ......., GC- 7
H. Release ....................,.........,......,.....,............ ...........,...............,.......,..,.. ...........,. GC- 7
1. Insurance......,......,..,..,......,...... ... ...,..,.., ...... ...........,..... ........................,............. GC-7
J. Remedies..................,......,............,..,.............., .....................,..,.......,............, .... GC- 7
K. Assignability........,..,...... ............. ......,.....,.....,........,....,..,....,..,.............,......,..... GC- 7
1. Construction Hours.......,............ ......,....., ...........,....................................... ....... GC-8
M. Noise Amplification.................. ......................... .....,....................,...... .........,.... GC-8
N. Access ..................,...... ............., .....,.....,............ ................................................ GC-8
O. Street Maintenance..... ......,......, .....,........................ ..........,...., .......................,... GC-8
P. Storm Sewer Maintenance -....................................................................,......,....GC8
Q. Soil Treatment Systems .,......,.....,.....,............................,.......,.......,..................GC-8
R. Variances.......... ......,......,..,... ... ......,..,......... ...........,..................,..........,......,..,... GC-9
S. Compliance with Laws, Ordinances, and Regulations...................................... GC-9
T. Proof of Title.. ......,......,..,.., ............,.....,.....,................. ........... ..........,...... ......,.. GC-9
U. Soil Conditions ...,............,..................,...........,.....,........................... ...... .......... GC-9
V. Soil Correction ... ......,......,..,......,..,..,..,.................,..,.......,......................,.....,..., GC-9
W. Haul Routes......, ..., .,.., ...................'........................'................... ,...., ............., .,...... GC-9
X. Development Signs ...........", ..........................................""." ............................... GC-l 0
Y. Construction Plans. ...................,.." ....""..""",...,.'", ....................... ,.""",.., ......... GC-l 0
Z, As-Built Lot Surveys ."""""................................................"".",......................"GC-IO
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
----.-......---
-.--
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 pzynski, President
Chanhassen Post 580
American Legion Housing Corp.
7995 Great Plains Boulevard
Chanhassen, MN 55317
Telephone: (952) 934-6677
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, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $107,609 and pay an administration fee of
$42,887.
B. The applicant's engineer shall work with City staff in revising the construction plans to meet
City standards.
C. Calculations shall demonstrate that all downstream facilities are adequate to
accommodate storm water from the proposed development.
D. The applicant shall demonstrate that the property owners to the east have granted
permission for grading to occur on their property and that they have agreed to combine
the storm water ponds for both sites.
E. Drainage and utility easements shall be provided over all storm water ponding areas.
F. Silt fence shall be provided in areas where sediment may otherwise be carried off-site.
G. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
H. All upland areas disturbed as a result of construction activities shall be immediately
restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within
two weeks of completion of each activity in accordance with the City's Best Management
Prgpt.¡....""C' J..J g,.."-1h^,,,1r
$24,329. The applicant will be credited for water quality where NURP basins are
provided to treat runoff from the site. The total SWMP fee, due and payable to the City at
the time of final plat recording, is $29,647.
J, The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-BluffCreek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources, Army Corps of Engineers) and
comply with their conditions of approval.
K. Cross-access easements for the shared driveway accesses must be obtained and recorded
against the lots.
L. Drainage and utility easements will need to be dedicated on the final plat over the public
storm drainage system including ponds, and drainage swales, up to the 100-year flood
level. The minimum easement width shall be 20 feet wide. Emergency overflows from
all stormwater ponds will also be required on the construction plans.
M. Minimum 20-foot wide easements will be required over the public portion of the utility
lines,
N, Each newly created lot will be subject to City sanitary sewer and water hook up charges at
the time of building permit issuance. The 2002 trunk utility hook up charges are $1,383
per unit for sanitary sewer and $1,802 per unit for water.
O. Public utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. Detailed construction plans
and specifications will be required at the time of final platting. The applicant will also be
required to enter into a development contract with the City and supply the necessary
financial security in the form of a letter of credit or cash escrow to guarantee installation
of the improvements and the conditions of final plat approval. Permits from the
appropriate regulatory agencies must be obtained, including but not limited to the MPCA,
Department of Health, Watershed District, Carver County, MnDOT, etc.
P. Park and Trail fees shall be paid at the rate in force upon application. The current fees are
as follows:
Legion Site (Lot 2):
At the time of plat:
Park Fee:
Trail Fee:
Park Fee:
Trail Fee:
$3,180
$1,060
$6,360
$2,120
At the time of building permit:
Park Nicollet Site (Lot 1):
At the time of plat:
Park Fee:
Trail Fee:
$5,310
$1,770
SP-4
At the time of building permit:
Park Fee:
Trail Fee:
$10,620
$3,540
Q. The applicant shall enter into a development contract with the city and provide the
necessary financial securities as required.
R. Any retaining wall that exceeds 4 feet in height shall be designed by a Registered
Engineer.
S. Concrete driveway aprons are required for all site accesses.
T. The shared portion of the access drives must be built to a nine-ton pavement design. A
geotechnical report for the design of the pavement must be submitted to the City for
review and approval.
U. Revise the plans to meet the minimum drive aisle width requirement of 26-feet.
V. Increase the curb radii on the Lot 2 entrance to a minimum of20 feet.
9. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-5
CITY OF CHANHASSEN
BY:
Linda C. Jansen, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
AMERiCAN LEGION HOUSiNG CORP.
BY:
Tom, Pzynski, President
STATE OF MiNNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
20_, by Linda C. Jansen, 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
20_, by
NOTARY PUBLIC
DRAFTED BY:
City ofChanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-6
EXHIBIT" A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRiPTION OF SUBJECT PROPERTY:
Chanhassen Post No. 580, American Legion Housing Corporation, a Minnesota Corporation.
That part of the West Half of the Northeast Quarter of Section 13, Township 116 North, Range 23
West of the 5th Principal Meridian described as follows:
Commencing at the Northwest corner of said West Half of the Northeast Quarter; thence on an
assumed bearing of South 0 degrees 27 minutes 53 seconds West, along the West line of said West
Half of the Northeast Quarter, a distance of 1422.70 feet, to the point of beginning of the land to be
described; thence South 89 degrees 32 minutes 07 seconds East a distance of 656.00 feet; thence
North 0 degrees 27 minutes 53 seconds East a distance of 568.21 feet, to the Southerly right-of-way
line ·of State Highway No. 5 as described in Book 7, Page 40 of Miscellaneous records; thence
South 59 degrees 57 minutes 53 seconds West, along said Southerly right-of-way line, a distance of
116.06 feet, to the East line of the West 556.00 feet of said West Half of the Northeast Quarter;
thence North 0 degrees 27 minutes 53 seconds East, along said East line, a distance of232.12 feet,
to the Northerly right-of-way line of State Highway No.5; thence South 59 degrees 57 minutes 53
seconds West, along said Northerly right-of-way line, a distance of 492.33 feet; thence North 58
degrees 34 minutes 07 seconds West, along said Northerly right-of-way line, a distance of 95.53
feet; thence North 80 degrees 05 minutes 16 seconds West, along said Northerly right-of-way line, a
distance of 50.56 feet, to the West line of said West Half of the Northeast Quarter; thence South 0
degrees 27 minutes 53 seconds West, along said West line, a distance of 549.00 feet to the point of
beginning.
Carver County, Minnesota
Abstract Property
SP-7
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been
recorded with the County Recorder's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the
Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City.
3. Effect of Subdivision Approval. For two (2) years /Tom the date of this Contract,
no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development density,
lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this
Contract to the contrary, to the full extent permitted by state law the City may require compliance
with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all
necessary permits 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 /Tom the City Inspector(s) and to
make periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
GC-l
preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
concemed, including the City staff, to review the program for the construction work.
5. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifYing that the monuments
have been installed.
6. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received 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 the City, there is no longer a need for erosion control, the City will authorize the
removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City
Code § 20-94.
8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area
that has resulted ITom construction work by the Developer, its agents or assigns.
9. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
GC-2
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 wrirten statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City 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.
11. Park and Trail Dedication. At the time of issuance of building permits for
construction, the Developer, its successors or assigns, shall pay to the City the park and trail
dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions.
One-third (1/3) of the park and trail cash contribution shall be paid contemporaneously with the
City's approval of the subdivision. The balance, calculated as follows, shall be paid at the time
building permits are issued: rate in effect when a building permit is issued minus the amount
previously paid.
12. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(212) inches caliper, either bare root in season, or balled and burlapped. The trees may not be
planted in the boulevard (area between curb and property line). In addition to any sod required as a
part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area
and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base, Seed
or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place
at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of
cash or letter of credit shall be provided to the City. These conditions must then be complied with
within two (2) months after the certificate of occupancy issued, except that if the certificate of
occupancy is issued between October 1 through May 1 these conditions must be complied with by
the following July 1st. Upon expiration of the time period, inspections will be conducted by City
staff to verifY satisfactory completion of all conditions. City staff will conduct inspections of
incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection.
After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the requirements. The City may also use the
GC-3
escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 or to
satisfY any other requirements of this Contract or of City ordinances. These requirements
supplement, but do not replace, specific landscaping conditions that may have been required by the
City Council for project approval.
13. Warranty. The Developer warrants all work required to be performed by it against
poor material and faulty workmanship for a period of two (2) years after its completion and
acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and
disease free at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months from the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance. The security amount shall be 100% of the total construction cost.
14. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
15. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
16. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year term at the rates in effect at time of application.
17. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. 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 for each public street light for twenty (20) months.
18. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
19. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
20. Responsibility for Costs.
GC-4
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
$750,000, three percent (3%) of construction costs;
ii)
if the cost of the construction of public improvements is between
$750,000 and $1,250,000, three percent (3%) of construction costs
for the first $750,000 and two percent (2%) of construction costs
over $750,000;
iii)
if the cost of the construction of public improvements is over
$1,250,000, two and one-half percent (2Yz%) of construction costs
for the first $1,250,000 and one and one-half percent (lYz%) of
construction costs over $1,250,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of the construction. Payment shall be
due in accordance with Article 20E of this Agreement.
C. The Developer shall hold the City and its officers and employees harmless ttom
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnifY the City and its officers and employees
for all costs, damages, or expenses which the City may payor incur in consequence of such claims,
including attorneys' fees.
D, In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer mayor may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
GC-5
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format.
21. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
22. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance ofthe 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 pennits, 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.
GC-6
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 often (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
must be given ten (l0) 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. Assignabilitv. 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.
GC-7
1. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$
$
500.00
1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer 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 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
GC-8
t
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 fÌom the City's ordinances.
S. 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:
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.
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 fÌom 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 fÌom 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. Bluff Creek Drive fÌom Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
GC-9
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of l1"x 17" reduced
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
of the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (l)a complete set of reproducible Mylar
as-built plans, (2) two complete full-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, and (8) digital file of utility tie sheets in either .doc
or .tif format. 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.
GC-lO