1a2 Marsh Glen Contract 00-6
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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Teresa Burgess, Director of Public Works/City Engineer
OCityCenterDriv"POBoxJ47 FROM:
~hanhassen, Minnflota 55317
Phon, 612.9311900 DATE:
General Fax 612.937.5739
Ongincering Fax 612.937.9152 SUBJ:
'ublic Saftty Fax 612.934.2524
Web www.ci.chanhassen.mn.us
David Hempel, Assistant City Engineer D\.\/ ~
July 19, 1999
Approve Development Contract and Construction Plans and
Specifications for Marsh Glen - Project No. 00-06
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 $563,000 and the administration fees total
$40,146 which includes 1/3 ofthe required Trail, and SWMP fees.
The applicant has also submitted detailed construction plans and specifications for
staff review and City Council approval. Staff has reviewed the construction plans
and specifications and finds them in general conformance with City standards. It
is therefore recommended that the construction plans and specifications for Marsh
Glen dated July 10, 2000, prepared by Development Engineering and the
Development Contract dated July 24, 2000 be approved conditioned upon the
folIowing: \
1. The applicant shalI enter into the Development Contract and supply the City
with a cash escrow or letter of credit in the amount of $563,000 and pay an
administration fee of$40,146.
Attachments: I.
2.
Development Contract dated July 24,2000.
Construction plans and specifications are available for
review in the Engineering Department.
Breakdown of administration fees dated July 19,2000.
3.
c: Steve Kroiss, Developer
g:\eng\projects\marsh glen\approve dC.doc
"he Citv of Chanhassen. A f1rOwin, communitv with ckan lakes. aualitv schooh. a charminr downtown. thrivinr businmfl. and beauti/ùl parks. A mat Place to live. work. and PIa~
CITY OF CHANHASSEN
MARSH GLEN
PROJECT NO. 00-06.
BREAKDOWN OF ADMINISTRATION FEES -7/19/00
Estimated Total Cost of Public Improvements $ 511,900.00
3% of Public Improvement Costs (up to $500,000) $ 15,357.00
Street Lighting Charge (for electricity)
4 Light(s) @ $300.00 $ 1,200.00
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. Trail Easement $ 30.00
d. Tree Preservation $ 30.00
One-Third Park Fee
10.06 Acres @ $1,200/3 $ 4,024.00
One-Third Trail Fee
10.06 Acres @ $400/3 $ 1,341.00
Surface Water Management Fee $ 17,419.00
GIS Fee ($25/plat and $10/parcel) $ 235.00
TOTAL ADMINISTRATION FEES $ 40,146.00
MARSH GLEN. FEE
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
MARSH GLEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
I. REQUEST FOR PLAT APPROV AL............................................................................SP-I
2. CONDITIONS OF PLAT APPROVAL ........................................................................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-6
GENERAL CONDITIONS
1. RIGHT TO PROCEED .................................................................................................GC-l
2. PHASE DEVELOPMENT ...........................................................................................GC-l
3. EFFECT OF SUBDIVISION APPROV AL..................................................................GC-l
4. IMPROVEMENTS .......................................................................................................GC-I
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. RESPONSIBILITY 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
1. 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-8
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-9
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
MARSH GLEN
SPECIAL PROVISIONS
AGREEMENT dated July 24, 2000 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, MARSH GLEN, L.L.c., a Minnesota
corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
MARSH GLEN (referred to in this Contract as the "plat"). The land is legalIy 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 shalI 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 ITom the written terms of this Contract, the written terms
shall control. The plans are:
PlanA:
Final plat approved July 24,2000, prepared by Development Engineering, PA
PlanB:
Grading, Drainage and Erosion Control Plan dated July 10, 2000, prepared by
Development Engineering, P.A.
PlanC:
Plans and Specifications for Improvements dated July 10, 2000, prepared by
Development Engineering, P.A.
PlanD:
Landscape Plan dated July 10, 2000, prepared by Development Engineering, PA
Revised 3/24/99
SP-l
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
November 15, 2001. 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 $563,000.00. The amount of the security was calculated as 11 0% of the
following:
Site GradinglRestoration
\
Sanitary Sewer
Watennain
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
$ 71.000.00
$ 68.000.00
$ 72.000.00
$ 75.000.00
$ 169.000.00
$ 1.800.00
$ 5.000.00
$ 37.000.00
$ 13.000.00
$ 511.900.00
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
December 31, 2001. 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 ofthe 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 alI 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:
Stephen Kroiss, President
Marsh Glen, L.L.C.
8905 Cove Point Road
Eden Prairie, MN 55347
Phone: 952-934-0750
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (612) 937-1900.
8. Other Special Conditions.
A. All signage shall comply with article XXVI of the City Code. A monument sign shall be
limited to the access to TH 101.
B. Park and trail fees are required. Park fees are $1,200.00 per dwelling unit and trail fees are
$400.00 per dwelling unit. One-third ofthese fees are required with the final plat and the remaining
two-thirds will be paid with each building permit.
C. The Fire Marshal conditions are as follows:
I. When fire protection including fire apparatus access roads and water supplies for
fire protection are required to be installed such protection shall be installed and
made serviceable prior to and during the time of construction. Pursuant to 1997
Uniform Fire Code Section 901.3.
2. A ten-foot clear space must be maintained around fire hydrants i.e., street lamps,
trees, shrubs, bushes, NSP, US West, Cable TV and transformer boxes. This is to
SP-3
ensure that fire hydrants can be quickly located and safely operated by firefighters.
Pursuant to Chanhassen City Ordinance 9-1.
3. If any trees or shrubs are to be removed, they must either be chipped or hauled off
sight due to close proximity of neighboring homes. No buming permits will be
issued.
D. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each
activity in accordance with the City's Best Management Practice Handbook.
E. The utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. The construction plans and
specifications shall be revised in accordance with staff recommendations and administratively
approved by staff.
F. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the terms of the development contract.
G. The applicant shall apply for and obtain permits ITom the appropriate regulatory agencies,
i.e. Minnesota Department of Transportation, Watershed District, Metropolitan Environmental
Service Commission, Minnesota Department ofHeaIth, and Minnesota Pollution control Agency
and comply with their conditions of approval.
H. No berming or landscaping shall be permitted within the City's right of way. A 2%
boulevard grade must be maintained along the City's right of way.
1. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall relocate or abandon the drain tile as directed by the City Engineer.
J. The developer shall dedicate to the City a 20 foot wide trail easement between Lots 3 and
4, Block I to Outlot B. The exact alignment shall be determined in the field by staff.
Compensation for the easement shall be applied to the developer's trail fees.
K. The developer shall dedicate on the final plat the following easements to the City at no
cost:
1. A 50-foot wide drainage and utility easement over the proposed water main and
sanitary sewer line through Outlot A.
2. Utility and drainage easements shall be dedicated on the final plat over all
utilities, stormwater ponds and wetlands outside of the right of way. The
minimum easement width over the utilities shall be 20 feet wide depending on the
depth of the utility. Drainage easements over all ponds and wetlands shall be up
to the 100-year flood level.
SP-4
L. All lots, except the first building permit, shall be subject to current City sewer and water
hook-up charges. The hook-up charges are due at time of building permit issuance.
M. The developer and future property owners should be aware there may not be any noise
abatement improvements constructed in conjunction with the upgrade of Trunk Highway 101.
Provisions for noise abatement (Iandscaping/berming) should be included in these development
plans.
N. Mission Hills Lane is a temporary dead end street. In the future when Trunk Highway
101 is upgraded to urban standards Mission Hills Lane will be extended and connected to TH
101.
O. Lots 6, 7 and 8, Block I, shall be custom graded at time of building permit issuance. A
detailed grading, drainage, tree removal and erosion control plan shall be submitted to the city for
review and approval at time of building permit application.
P. The proposed residential development of 10.06 net developable acres is responsible for a
water quality connection charge of$8,048 and a water quantity fee of$19,918.80. The applicant
demonstrated that the ponding provided on site meets the City's water quality goals, so $8,048 of
the water quality fee may be waived. The applicant has also provided I outlet control structure for
a credit of$2,500. The total SWMP fee of$17,419 is payable to the City at the time of final plat
recording.
Q. The applicant shall re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or
an approved seed mix for wetland soil conditions.
R. The wetland buffer area shall be surveyed and staked in accordance with the City's wetland
ordinance. In addition the applicant shall provide a vegetative barrier to define the buffer edge. The
Applicant will install wetland buffer edge signs, under the supervision of City Staff, before
construction begins and will pay the City $20 per sign.
S. A 40 foot wetland setback required from the buffer on Lots 1-4, Block 1.
T. A 150 foot lakeshore setback is required from the ordinary high water level of Rice
Marsh Lake on Lots 4-8, Block 1."
U. The applicant shall show 15 foot tree removal limits around the proposed building pads
on Lots 6 - 8, Block 1 and add the increase in removal to overall canopy calculations. Additional
trees may be required based upon the revised calculations.
V. A conservation easement shall be extended over the area noted on the preliminary plat as
'Drainage and Utility Easement' excluding the 20 foot trail easement on Lots 1-8, Block 1.
W. The developer shall dedicate the following easements on the final plat:
SP-5
I. The westerly 40 feet of the southerly 182.56 feet of Outlot A as right-of-way for
Market Boulevard
2. A drainage easement over Outlot B.
X. The construction plans shall be revised as follows:
1. Revise the grading plan between Lots 9 and 10, Block 2 to show positive drainage
fall from the emergency overflow toward the street. The plan shall be revised to
contain the drainage in a swale within the side lot line easement.
2. Add a 10-foot stub of 4" drain tile with a cleanout from catch basin/manhole no. 5
to Lot 9, Block 2.
3. Revise the pond outlet control structure detail plate to show an invert of889.0 on
the inlet pipe. Also change the inverts in the profile view for the inlet pipe to
889.0.
4. Add an 85-foot piece of drain tile with a cleanout going east from catch
basin/manhole no. 1 on the north side of Mission Hills Lane.
5. Revise the rock construction detail plate to show a minimum length of 75 feet.
6. Work with City staff to redesign the path through Lots 3 and 4, Block I to meet
ADA grade requirements. This includes both horizontal and vertical alignment.
7. Add street lights and street signs to street construction plans.
Y. The City Council grants City staff the ability to administratively approve the final
construction plans after the requested changes herein are made.
Z. Revise final plat dedication sheet as follows:
1. Correct the plat name throughout the dedication page.
2. Revise language to donate/dedicate forever the "Boulevard, Lane and Circle."
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-6
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Scott A. Botcher, City Manager
DEVELOPER:
BY:
Stephen Kroiss, President
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
20_, by Nancy K. Mancino, Mayor, and by Scott A. Botcher, 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 Stephen Kroiss, President of Marsh Glen, L.L.C., a Minnesota Corporation on behalf of the
corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-7
EXHIBIT" A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the southeast quarter of the southwest quarter of Section 13, Township 116, Range 23,
Carver County, Minnesota, lying easterly of the center line of State Trunk Highway Number 101
and northerly of the following described line:
Commencing at the northeast comer of said southeast quarter ofthe southwest quarter; thence on an
assumed bearing of south 00°52'40" east, along the east line of said southeast quarter of the
southwest quarter, a distance of 519.26 feet to the point of beginning of the line to be described;
thence north 90°00'00" west a distance of 463.90 feet; thence south 00°00'00" east a distance of
108.00 feet; thence north 90°00'00" west a distance of 112.69 feet; thence south 00°00'00" west a
distance of 265.45 feet; thence north 90°00'00" west a distance of 143.04 feet; thence north
15°33'37" west a distance of 239.59 feet; thence north 69°17'02" west a distance of 491.20 feet to
the centerline of State Trunk Highway Number 101, and there terminating;
Excepting thereITom that part described as follows: Commencing at the northeast comer of said
quarter quarter; thence west along the north line thereof, 903.8 feet to a point in the center line of
State Trunk Highway Number 101, as now laid out and traveled, being the actual point of
beginning; thence east along said north line 137.51 feet; thence south \70\7' west 247.43 feet;
thence south 33°59' west 271.52 feet; thence north 48°37' west 184.51 feet to said center line;
thence northeasterly along said cent~r line 402.82 feet more or less, to the actual point of beginning.
Subject to public easement.
SP-8
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development of which is govemed 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
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-9
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Construction Mortgage Investors Company. a Minnesota Corporation. which holds a mortgage on
the subject property, the development of which is govemed 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_.
STATE OF MINNESOTA)
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by Bud Chambers, Loan Officer of Construction Mortgage Investors Company, a Minnesota
Corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-I0
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "8"
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 fulIy 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 ofthe 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. N/A
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 of this Contract.
4. Improvements. The improvements specified in the Special Provisions of this
Contract shall be instalIed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional
engineer fumished 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
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.
GC-l
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 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
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
GC-2
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, materiahnen, 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 attomeys' 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
(2Yz) 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. Prior to seeding or sodding, each lot disturbed by construction
shalI utilize 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 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 will conduct inspections of incomplete items with a $50.00
inspection fee deducted fTom 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 supplement, but do not replace, specific
landscaping conditions that may have been required by the City Council for project approval.
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13. Warranty. The Developer warrants alI 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 contractor(s) shall
post a letter of credit acceptable to the City to secure the warranties at the time of final acceptance.
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 ITom 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.
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18. Sign age. All street signs and traffic signs required by the City as a part of the plat
shall be fumished 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
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;
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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 (2Yz%) of construction costs
for the first $1,000,000 and one and one-half percent (1 Yz%) 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 shalI 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 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 attomeys' 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 attomeys' 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.
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 ITanchise agreements held with the City.
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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 ITom 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 ITom 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. 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 except for one model home adjacent a paved
street 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.
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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 of ten (10) days for processing.
1. 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 $500,000 for each
occurrence; or a combination single limit policy of$I,OOO,OOO 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 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 ITom 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 ITom 7:00 a.m. to 6:00 p.m. on weekdays, ITom 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
$
$
500.00
1,000.00
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Third & subsequent violations
An site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhoms, 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. Waming signs shall be placed by
the Developer when hazards develop in streets to prevent the public ITom 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 ITom 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.
Q. Soil Treatment Svstems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect ITom 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 from 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:
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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 Govemment, 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 ITom 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 conceming 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 ITom a qualified soils engineer is not required unless the
City's building inspection department determines ITom 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 ITom 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 rrom 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 ITom Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
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 ll"x17" reduced
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
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of the utility improvements and base course pavement 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) one complete full-size sets of blue line as-built plans and two sets of reduced
II"x 17" 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, and (6) bench mark network. The Developer is required to submit the final plat in
electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All
construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in
accordance with standard City specifications.
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