2a. Dev Contract Dexter Magnetic Materials . CITYOF --
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
P
' MEMORANDUM
TO: Gary Warren , City Engineer ` +
�.,,.. . • ■ 1-,ms
' FROM: Charles Folch, Assistant City Engineer
Le, S.
DATE: August 23, 1990 "--t - _Q
' SUBJ: Approve Development Contract for Permag Corp. Addition
File No. 90-21 Land Use Review
I
The attached development contract for the Permag Corp. Addition
' has been prepared and incorporates the conditions of approval
from the platting process . City Council approved the final plat
and site plan at the August 13, 1990 meeting.
' Permag Corp. (a.k.a. Dexter Magnetic Materials Division) is a New
York corporation. To verify the correct name of the entity , a
Certificate of Good Standing will be required as a part of the
' development contract.
It is recommended that the City Council approve and authorize
' execution of the attached development contract.
ktm
' Attachment: Development Contract
c: Roger Fellows , Dexter Magnetic Materials , Inc.
Jack Grofkin, R. J. Ryan Construction
Received NEEAMIG COP?
Revision
' AAAroved by City
0 3 Enein
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A°Proved b►city council
- Date ftionimweinummemeammillesuri
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CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT
(Developer Installed Improvements )
PERMAG CORP. ADDITION
SPECIAL PROVISIONS
1990 , by and between
AGREEMENT dated Aug ust 2 7 , , y
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
' "City" ) , and PERMAG CORP. , a New York corporation (the
"Developer") .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for PERMAG CORP. 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--Final Plat approved by the City Council on
August 13, 1990 , prepared by Lot Surveys
Company, Inc.
' Plan B--Grading, Drainage, and Erosion Control Plan (Cl)
dated August 2, 1990, prepared by William R.
' Engelhardt Associates , Inc.
Plan C--Landscape Plans dated June 14 , 1990 , revised
August 8, 1990 , prepared by R. J. Ryan
' Construction, Inc.
4. Improvements. The Developer shall install and pay
' for the following:
A. Storm Water Drainage System
B. Parking Lot/Site Grading
' C. Setting of Lot and Block Monuments
D. Surveying and Staking
E. Erosion Control
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5. Time of Performance. The Developer shall 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, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and
the extended completion date.
6 . Security. To guarantee compliance with the terms
of this Contract, payment of the costs of all improvements and
construction of all improvements , the Developer shall furnish the
City with a letter of credit from a bank or cash escrow ("Security") .
A. Landscape Guarantee (per Zoning Ordinance ) $ 18 ,000 . 00
( 120% of estimated landscape value)
B. Other - In addition to the landscape
guarantee, the amount of the security has I
been calculated as 110% of the estimated
value of the following:
On-site storm sewer $ 4, 400 . 00 ,
Erosion Control $ 1, 320 .00
Parking Lot/Site Grading $ 34 ,100 . 00
TOTAL SECURITY AMOUNT $ 57,820.00
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 , 1990 . The City may draw down the security,
without notice, for any violation of the terms of the Contract.
If the required improvements are not completed at least thirty
( 30 ) days prior to the expiration of the security, the City may
also draw it down. If the security is drawn down , the draw shall
be used to cure the default. With City approval , the security
may be reduced from time to time as financial obligations are
paid, but in no case shall the security be reduced to a point
less than 10% of the original amount until 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: '
Dexter Magnetic Materials Division
Attn: Roger Fellows
14956 Martin Drive
Eden Prairie, MN 55344
Telephone: (612 ) 934-4635
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: ,
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Chanhassen City Hall
690 Coulter Drive
' Chanhassen , Minnesota 55317
Telephone: (612 ) 937-1900
8. Other Special Conditions.
' A. Provision of trash storage enclosure for all
outside trash storage. All trash will be stored internally.
' Plans for outdoor storage and rooftop screening shall be
submitted to staff for approval .
B. The applicant shall obtain and comply with all
' conditions of the Watershed District permit.
C. All disturbed areas should be seeded
' immediately following grading operations. Type III erosion
control shall be installed as per plan. All slopes greater than
3: 1 shall be stabilized with wood-fiber blankets. The Developer
' must provide retaining walls to protect the existing trees and
support steep embankments as shown on the attached Exhibit "C" .
D. The Developer shall submit a lighting plan and
' must demonstrate that there is not more than .5 foot-candles of
light from fixtures at the property line. The Developer shall
submit signage plans for City approval .
E. •The plat shall show the typical easements 10
feet south (front) and 5 feet on the north, east and west
' ( sides ) . The Developer shall show the 20-foot wide preservation
easement.
F. The Developer shall comply with the conditions
of the conservation easement located on the northerly 20 feet of
the property.
G. All trees for perservation shall be market by
' snow fence prior to grading for approval by staff. Designated
trees lost during construction shall be replaced by material
approved by staff.
H. Park and trail fees must be submitted to the
City in lieu of parkland at the time the building permit is
requested.
I. The Developer shall be responsible for
reimbursement of all City costs associated with the inspection of
connections to public streets and utilities.
J. The Developer, Permag Corp. (a.k.a. Dexter
Magnetic Materials ) shall provide a Certificate of Good Standing
with the submittal of the executed development contract.
' K. The following sections of the General
Conditions (Exhibit "B" ) shall not apply in this development
contract:
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Item 11 . Landscaping
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Item 15 . Street Lighting
Item 16 . Street Signs '
Item 17A. Responsibility for Costs
Item 19N. Access
Item 190. Street Maintenance
Item 19P. Soil Treatment Systems
L. The following sections of the General
Conditions (Exhibit "B" ) shall be revised as follows:
Item 6 . Site Erosion Control - Waive the erosion control
removal fee of $1 .00 per lineal foot in lieu that the Developer
will be responsible for the removal following City verification
and approval of adequate turf establishment.
9. General Conditions. The general conditions of this i
Contract, approved by the City Council on February 22 , 1988 , are
attached as Exhibit "B" and incorporated herein.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
BY:
Don Ashworth, City Manager ,
DEVELOPER: PERMAG CORP. '
BY: 'Its
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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
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I STATE OF MINNESOTA )
ss .
COUNTY OF
' The foregoing instrument was acknowledged before me this
day of , 19 , by
the of PERMAG CORP. , a New York corporation.
Notary Public
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DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
' Chanhassen , MN 55317
( 612 ) 937-1900
' SP-5
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CONSENT IE
, fee 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 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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IICITY 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 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 - 191 Revised.
REVISED 3/22/89 - 12 and 17 Revised.
' REVISED 4/20/89 - 19T and U Added.
REVISED 6/12/89 - 6 Revised.
REVISED 8/8/89 - 15 Revised.
' REVISED 4/3/90 - 11 and 191 Revised.
REVISED 5/10/90 - 19T Revised.
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accordance with City standards , ordinances, and plans and I
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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I 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
II 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 .
I 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
I surrounding area that has resulted from construction work by the
Developer, its agents or assigns.
8. Acceptance and Ownership of Improvements. Upon
I 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
I 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
I 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
I appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
I 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
II 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
II 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
I 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
II the District Court, except that the Court shall retain jurisdic-
tion to determine attorneys ' fees.
I 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
I 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
I 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) I
Linden Hackberry Basswood Kentucky Coffee Tree
Green Ash Oak Birch
Other species of trees may be approved by the building inspector . U
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 ( 2f ) 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 inches
of topsoil as a base. Seed or sod shall also be placed on all
disturbed areas of the lot. If these improvements are not in
place at the time a Certificate of Occupancy is requested, a
financial guarantee in the form of cash or letter of credit shall
be provided to the City. Improvements are to be completed during
the first growing season after issuance of the Certificate of-
Occupancy. After satisfactory inspection , the financial
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
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
to be performed by it against poor material and faulty work-
manship 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 trees shall be warranted for twelve (12 )
months from the time of planting. The Developer or his
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-
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.
14. Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordance
with City standards .
15. Street Lighting. The Developer shall have installed
and pay for 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 $200 . 00 for each street
light installed in the plat. The fee shall be used by the City
for furnishing electricity for each light for twenty (20 ) months .
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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 ( 2i%) of
construction costs for the first $1 ,000 ,000 and one and
one-half percent ( li%) 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 .
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E. The Developer shall pay in full all bills sub- I
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 ,
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
• GC-6 ,
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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
I 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.
K. 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.
IIGC-7
L. Assignability. The Developer may not assign I
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. '
O. 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
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 operati9ns. The provision of City snow plowing ser-
vice does not constitute final acceptance of the streets by the
City. 1
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:
I
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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 entek 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
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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