1f2 Lake Lucy Approve Plans
CITY OF
CHANHASSEN
7700 Market Boulevard
POBox 147
Chanhassen, MN 55317
AdmlnlsJratlon
Phone: 952.2271100
Fax: 952.227.1110
Building Inspections
Phone: 952.22711BO
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952227.1170
Finance
Phone 952.227.1140
Fax: 952.2271110
Park & Re"eallon
Phone: 952.227.1120
Fax: 9522271110
Recrea!íonCenter
231OCoullerBoulevard
Phone: 952.2271400
Fax: 952.2271404
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.2271110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax 952227.1310
SeniolCenter
Phone 952.2271125
Fax: 952.2271110
Web Site
www.ci.chanhassen.mn.us
~
MEMORANDUM
TO:
Teresa Burgess, Director of Public Works/City Engineer
Matt Saam, Assistant City Engineer µ '7
FROM:
DATE:
May 21,2002
SUBJ:
Approve Development Contract and Construction Plans .and
Specifications for Lake Lucy Ridge - Project No. 01-03
The attached development contract incorporates the conditions of approval trom
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 $830,491 and the administration fees total of
$58,782 which includes 1/3 of the required Park/Trail fees and all SWMP 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 Lake Lucy Ridge dated May 3, 2002, prepared by Mattke
Surveying & Engineering and the development contract dated May 28, 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 $830,491 and pay an
administration fee of$58,782.
2. The applicant's engineer shall work with City staff in revising the construction
plans to meet City standards.
Attachments: I.
2.
Development Contract dated May 28, 2002.
Construction plans and specifications are available for
review in the Engineering Department.
Breakdown of administration fees dated May 21, 2002.
3.
c: Randy Noecker, Noecker Development, LLC
g:\eng\projects\Jake lucy ridge\approve dc.doc
The City of Chanhassen . A growing community wilh clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beaulitul parks A qrnat place to live. work. and olav.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
LAKE LUCY RIDGE
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
.1
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROV AL............................................................................SP-l
2. CONDITIONS OF PLAT APPROVAL ........................................................................SP-l
3. DEVELOPMENT PLANS ............................................................................................SP-I
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-9
GENERAL CONDITIONS
I. RIGHT TO PROCEED .................................................................................................GC-I
2. PHASE DEVELOPMENT ...........................................................................................GC-I
3. EFFECT OF SUBDNISION APPROV AL..................................................................GC-I
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
I O. CLAIMS........................................................................................................................GC-3
II. 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. RESPONSffi1LITY 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-6
1
F. Building Permits .......... ........ ......... ........ .... .... ........ ........ ... ... ....... ...... ................. GC-6
G. Waivers/Amendments ... .................................. ........ ....... ...... .... ... ... .... ........ ..... ..GC-7
H. Release .. ........ ........ .................. ........ .... ............. ........ .......... ... ....... ....... .............. GC-7
I. Insurance ........ ........ ......... ......... .... .... .... ..... ........ .... .... ....... ... ... ....... .................... GC-7
J. Remedies. ................ ......... .... ..... ........ ........ ......... ........ ... ... ....... ....... ........ .... ....... GC-7
K. Assignability .... ........ ......... .... ..... .... .... ........ ................ ....................................... GC-7
L. Construction Hours ... .... .... ..... ..... ........................ ....... ....... ........ ... .... ................. GC-7
M. Noise Amplification... ......... .... .... .... .... ..... .... ............... ....... ....... ....... ................. GC-8
N. Access .... .... .... .... .... ..... ......... ........ .... .... ......... .... .... ....... ....... .............. ........ ........ GC-8
O. Street Maintenance...... ......... .... ..... ......... ... ..... ....... .... .... ..................... ............... GC-8
P. Storm Sewer Maintenance ....... ..... ......... .... .... ........ ....... ....... ....... ............... ....... GC-8
Q. Soil Treatment Systems .... ..... ... ..... .... ..... .... .... ........ ....... ... .... ... .... ...... ......... ......GC-8
R. Variances...... .... .... .... ..... .... ..... .... ..... ... ..... .... .... ........ .... .... ...... ... .... ... .... ....... ....... GC-8
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-9
Y. Construction Plans .............. ................... ......................... ..................................... GC-l 0
Z. As-Built Lot Surveys ......... .......... .......... ........................ ...................................... GC-I 0
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKE LUCY RIDGE
SPECIAL PROVISIONS
AGREEMENT dated May 28, 2002 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, NOECKER DEVELOPMENT, LLC, a
Minnesota Limited Liability Company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Lake Lucy Ridge (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 fj-om the written tenns of this Contract, the written tenns
shall control. The plans are:
PlanA:
Final plat approved May 28, 2002, prepared by Carlson & Carlson, Inc.
PlanB:
Grading, Drainage and Erosion Control Plan dated April 17, 2002, prepared by
Mattke Surveying & Engineering.
PlanC:
Plans and Specifications for Improvements dated May 3, 2002, prepared by Mattke
Surveying & Engineering.
PlanD:
Landscape Plan dated March 15, 2002, prepared by Mattke Surveying &
Engineering.
Revised 3/24/99
SP-I
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site GradinglRestoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
June 30, 2003. The Developer may, however, request an extension of time ITom 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
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit ITom a bank or cash
escrow ("security") for $830,491.00. The amount of the security was calculated as 110% of the
following:
Site GradinglRestoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Streets
Street lights and signs
Erosion control
Engineering, surveying, and inspection
Landscaping
TOTAL COST OF PUBLIC IMPROVEMENTS
SP-2
$ 215.000.00
$ 99.659.00
$ 37.570.00
$ 66.250.00
$ 211.280.00
$ 3.000.00
$ 10.000.00
$ 44.993.00
$ 67.240.00
$ 754.992.00
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The security shall be for a term ending
November 14, 2003. The City may draw down the security, without notice, for any violation of the
terms of this Contract. If the required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the draw shall be used to cure the default. With City approval, the security may be reduced
ITom 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. 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:
Randy Noecker
Noecker Developer, LLC
8315 Pleasant View Drive
Mounds View, MN 55112
Phone: 763-786-6387
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 $830,491 and pay an administration fee of
$58,782.
B. The applicant's engineer shall work with City staff in revising the construction plans to meet
City standards.
C. Street lights shall be located at all intersections and at the end of the cul-de-sac.
D. A minimum of three overstory trees shall be required in the ITont yard of each lot.
E. Proposed boulevard planting along all public streets shall be located outside ofthe right-
of-way. Planting and maintenance ofthese trees will be the responsibility of the
developer/development.
F. Tree protection fencing is required around all trees proposed to be saved. Any tree lost
will be replaced at a rate of 2: I diameter inches.
SP-3
G. The applicant shall submit to the city a table listing the lot and block and the number of
trees required on that property.
Trees required on each lot, each are 2 Yz" diameter:
Block I, lot I 8 Block 3, lot 3 13
Block I, lot 2 8 Block 3, lot 4 14
Block 1, lot 3 11 Block 3, lot 5 10
Block 1, lot 4 14 Block 3, lot 6 12
Block 3, lot 7 7
Block 2, lot 1 5 Block 3, lot 8 4
Block 2, lot 2 7 Block 3, lot 9 7
Block 2, lot 3 11 Block 3, lot 7
10
Block 3, lot I 16
Block 3, lot 2 12
H. The developer shall be responsible for installing all landscape materials proposed in
buffer yard and rear yard areas.
I. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes and traffic control plans.
J. Erosion control measures and site restoration shall be developed in accordance with the
City's Best Management Practice Handbook (BMPH). Staff recommends that the City's
Type ill erosion control fence, which is a heavy-duty silt fence, be used for the areas
adj acent to all wetland fill areas, areas to be preserved as buffer or, if no buffer is to be
preserved, at the delineated wetland edge. Erosion control matting or wood fiber blankets
will be required for the steep, rear yard slopes of those lots in the north and southwesterly
portions of the site. A 75-foot rock construction entrance is required at the site access off
of Lake Lucy Road.
K. The two underlying parcels of this development have each been previously assessed for
one water hookup and connection charge. The assessments, however, have not been paid.
Staff is recommending that the two previously assessed connection charges, which total
$8,670 (2002 rates), be respread over the 21 newly created lots. In addition, each newly
created lot will be required to pay a sewer and water hookup charge of $1,383 and
$1,802 (2002 rates), respectively. Since the property is within the Lake Ann sewer
district, a sewer interceptor charge of$I,057 and a sub-trunk charge of$866 will also be
due on each lot. The sewer and water lateral connection charges for the new lots will be
waived contingent on the developer installing the intemallateral utility lines. All of the
above fees are due at the time of building permit issuance.
SP-4
L. Utility improvements will be 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 to 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.
M. Increase the amount of platted right-of-way along Lake Lucy Road ITom 74-feet to 80-feet
in width. This is the minimum required right-of-way width for collector streets, such as
Lake Lucy Road, in Chanhassen.
N. The applicant shall apply for and obtain permits ITom the appropriate regulatory agencies,
i.e., Watershed District, Metropolitan Environmental Service Commission, Health
Department, Minnesota Pollution Control Agency, Army Corp. of Engineers, Minnesota
Department of Natural Resources, and comply with their conditions of approval.
O. The applicant shall include a draintile system behind the curbs to convey sump pump
discharge ITom homes not adjacent to ponds or wetlands.
P. The horizontal curves at the south end of Lucy Ridge Lane do not meet a 30 m.p.h.
design. As such, the curves will have to be posted at a slower speed.
Q. A temporary cul-de-sac turnaround for emergency vehicles will be required at the south
end of Lucy Ridge Lane along with a sign stating that the road will be extended in the
future.
R. Submit a temporary easement for the proposed off site grading on Ashling Meadows
property. The proposed and existing contours for the Ashling Meadows site must be
shown on the grading plan to ensure that the grading and drainage will work.
S. The proposed sanitary sewer lift station shall be designed to serve this development and
the neighboring properties to the east. Any oversizing of the sewer forcemain or lift
station pumps, beyond what is needed to serve this development, will be a City cost.
T. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420).
U. Wetland buffer areas shall be preserved unless otherwise approved by the City. All
disturbed buffer areas shall be revegetated with native, non-invasive vegetation. Buffers
shall be surveyed and staked in accordance with the City's wetland ordinance. The
applicant shall install wetland buffer edge signs, under the direction of City staff, before
construction begins and shall pay the City $20 per sign.
V. All structures shall maintain a 40- foot setback ITom the edge of the wetland buffer.
SP-5
W. All bluff areas shall be preserved. In addition, all structures shall maintain a 3D-foot
setback ITom the bluff and no grading shall occur within the bluff impact zone (i.e., the
bluff and land located within 20 feet ITom the top or toe of a bluff).
X. Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas and storm water ponds.
Y. Any disturbed wetland areas shall be reseeded with MnDOT seed mix 25 A, or a similar
seed mix that is approved for wetland soil conditions. 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 Practice Handbook.
Z. Based on the proposed developed area of approximately 12.94 acres, the water quality
fees associated with this project are $10,352; the water quantity fees are approximately
$25,621. The applicant will be credited for water quality where NURP basins are
provided to treat runoff ITom the site. This will be determined upon review of the
ponding and storm sewer calculations. At this time, the estimated total SWMP fee, due
payable to the City at the time of final plat recording, is $35,973.
AA. Fire Marshal Conditions:
I. Submit a plan to the Fire Marshal indicating roads and location of proposed fire
hydrants only for review. The submitted plans: grading, drainage, erosion control
plan and preliminary utility plan are too congested at this time.
2. A IO-foot clear space must be maintained around fire hydrants i.e., street lamps,
trees, bushes, shrubs, Qwest, Xcel Energy, cable TV and transformer boxes. This
is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
3. No burning permits will be issued for trees to be removed. Trees and brush must
be either removed ITom site or chipped.
4. An approved turn around shall be designed and installed at the south end of Lucy
Ridge Lane to allow the turning around of fire apparatus. Submit cul-de-sac
design and dimensions to City Engineer and Chanhassen Fire Marshal for review
and approval. Pursuant to 1997 Uniform Fire Code Section 902.2.2.4.
5. When fire protection, including fire apparatus access roads and water supplies for
fire protection is required to be installed, such protection shall be installed and
made serviceable prior to and during time of construction. Pursuant to 1997
Uniform Fire Code Section 901.3.
SP-6
6. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to
provide all weather driving capabilities. Pursuant to 1997 Uniform Fire Code
Section 902.2.2.2.
BB. Park and Recreation Conditions:
The following conditions must be met for the trail alignment:
1. A 20- foot trail easement is identified.
2. The trail alignment is not within the wetland buffer.
3. The trail easement may abut lot lines, but the trail alignment must maintain a
minimum 6-foot separation ITom lot lines.
4. The pond berm, which the trail crosses, must maintain a minimum top width of 12
feet to allow for a 2 foot "clear" on either side of the trail.
5. The 8-foot bituminous trail shall be extended to Lake Lucy Road.
6. The applicant shall be responsible for the construction of the trail with
reimbursement for material costs being made ITom the City's Park and Trail Fund.
The trail shall be 8- feet wide and built of bituminous material to city
specifications. Full park fees ($25,500 Park Fees, and $8,500 Trail Fees), with
one-third being paid at the time of platting and two-thirds at the time of the
individual building permits, shall also be paid.
Cc. Building Official Condition:
I. Final grading plans and soil reports must be submitted to the Inspections Division
before building permits will be issued.
2. A demolition permit will be required prior to removal of the existing structures on
the site.
DD. All structures shall comply with the following table:
SP-7
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Lot Lot Home
Area Width Depth Setback
Ordinance 15,000 90' 125' 30' ITont/rear
10' sides
BLOCK I
LotI 25,322 170.79' 176' 30'/50'*/30***
10'
Lot 2 21,931 11 0.59' 188' 30'/30'/30***
10'
Lot 3 21,120 110' 192' 30'/30'
10'
Lot 4 26,700 115.42' 206.59 30'/30'
206.59 comer lot 10'
Block 2
LotI 21,055 120' 175' 30'/30'
10'
Lot 2 22,008 116' 194' 30'/30'
10'
Lot 3 22,689 127.54 187.69 30'/30'
164'comer lot 10'
Block 3
LotI 22,080 89.22' on curve 160' 30'/30'/60**
125.87' comer lot 10'
Lot 2 19,596 84.08' on curve 181' 30'/30'/60**
10'
Lot 3 19,670 94.21 175 30'/30'/60**
10'
Lot 4 19,877 109 on curve 170' 30'/30'/60**
10'
Lot 5 29,583 127.69' on curve 229' 30'/30'/60**
10'/30'***
Lot 6 18,781 77.76' on curve 180' 30'/30'/
218' and 128' comer lot 10'
Lot 7 18,526 207' 146' 30'/30'
10'
Lot 8 20,003 73.80' on curve 173' 30' /30'
10'
Lot 9 30,755 84.550n curve 235' 30'/30'***
10'/60**
LotIO 33,213 95' 278' 30'/30'***
10' /60**
Outlot A 27,000
Outlot B 291,196
SP-8
*
The 50-foot setback includes a 10-foot average wetland buffer in addition to a 40-foot
structure setback.
**
The 60-foot setback includes a 20-foot average wetland buffer in addition to a
40- foot structure setback.
***
The 30- foot bluff setback includes a 20-foot bluff impact zone."
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-9
CITY OF CHANHASSEN
BY:
Linda C. Jansen, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
NOECKER DEVELOPMENT, LLC:
BY:
Randy Noecker, Chief Manager
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 Randy Noecker, Chief Manager of Noecker Development, LLC, a Minnesota Limit
Liability Corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-1O
EXHffilT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot A of LAKE LUCY HIGHLANDS and also that part of the Southeast Quarter and
Govemment Lot I, Section 3, Township 116, Range 23 which lies Southerly and Westerly of
LAKE LUCY HIGHLANDS, Northerly of Registered Land Survey No. 89 and Easterly of the
Easterly line of Registered Land Survey No. 102 and its Northerly extension.
~~,
SP-ll
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
,
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be
bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this _ day of
,20_.
STATE OF MINNESOTA)
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-12
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Western Bank ,
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
Cynthia R. Carlson, Vice President
STATE OF MINNESOTA)
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-13
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: I) 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 ITom 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 ofthis 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 ITom 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 ITom 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
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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.
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.
I. 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 ITom 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, ITom 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
representative of the contractor, and a representative of the Developer's engineer will make a final
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inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifYing that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims ITom 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 ITom 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
(2Y2) 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 oftopsoil 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 shan 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 I through May I 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 win conduct inspections of
incomplete items with a $50.00 inspection fee deducted ITom the escrow fund for each inspection.
After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfY the requirements. The City may also use the
escrowed funds .for maintenance of erosion control pursuant to City Code Section 20-94 or to
satisfY any other requirements of this Contract or of City ordinances. These requirements
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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 ITee at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months ITom the time of formal acceptance by the City. The Developer or his contractorCs) 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
fumishing 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.
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
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acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
i)
if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
ii)
if the cost of the construction of public improvements is between
$500,000 and $1,000,000, three percent (3%) of construction costs
for the first $500,000 and two percent (2%) of construction costs
over $500,000;
iii)
if the cost of the construction of public improvements is over
$1,000,000, two and one-half percent (2\12%) of construction costs
for the first $1,000,000 and one and one-half percent (1 \12%) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction 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 hannless ITom
claims made by itself and third parties for damages sustained or costs incurred resulting ITom 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.
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.
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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 rranchise 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. Miscellaueous.
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 rrom the subject property within
thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations rrom it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer
shall be grounds for denial of building permits, including lots sold to third parties. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
E. Severabilitv. 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 ofthis 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
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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 (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
J. . Remedies. Each right, power or remedy herein conferrèd 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 rrom 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.
L. Construction Hours. Construction hours for required improvements under this
contract shall be rrom 7:00 a.m. to 6:00 p.m. on weekdays, rrom 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:
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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 rrom 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 rrom the plat.
The Developer shall follow all instructions it receives rrom the City conceming 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 Svstems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect rrom alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances rrom the City's ordinances.
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CITY OF CHANHASSEN
LAKE LUCY RIDGE PROJECT NO. 01-03
BREAKDOWN OF ADMINISTRATION FEES - 5/21/02
Estimated Total Cost of Public Improvements $ 687,752.00
3% of Public Improvement Costs (up to $500,000) $ 15,000.00
2% of Public Improvement Costs (over $500,000) $ 3,755.00
Street Lighting Charge (for electricity)
5 Light(s) @ $300.00 $ 1,500.00
Final Plat Process (Attorney Fee for Review and Recording of $ 450.00
Plat and Development Contract)
Recording Fees
a. Development Contract $ 30.00
b. Plat Filing $ 30.00
c. Temporary Grading Easement $ 30.00
One-Third Park Fee
17 Lots x $1500/3 $ 8,500.00
One-Third Trail Fee
17 Lots x $500/3 $ 2,839.00
Surface Water Management Fee $ 26,433.00
GIS Fee ($25/plat and $10/parcel) $ 215.00
TOTAL ADMINISTRATION FEES $ 58,782.00