1c2 White Oak Contract/Plans
CITY OF
CHANHASSEN
I City Cmter Drive, PO Box 147
'hanhassen, Minnesota 55317
Phone 612.9371900
General Fax 612.9315739
'gineering Fax 612.9319152
·blic Safety Fax 612.934.2524
7eb www.ci.chanhassen.mn.us
íc- -).
MEMORANDUM
TO:
Teresa Burgess, Director of Public Works/City Engineer
Matt Saam, Project Engineer ;Il0
FROM:
DATE:
October 4, 2000
SUBJ:
Approve Development Contract and Construction Plans and
Specifications for White Oak Addition - Project No. 00-10
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 $120,909 and the administration fees total
of$14,023 which includes 1/3 ofthe required Park, 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 White
Oak Addition dated September 27, 2000, prepared by Otto & Associates and the
Development Contract dated October 9,2000 be approved conditioned upon the
following:
1. The applicant shall enter into the Development Contract and supply the City
with a cash escrow or letter of credit in the amount of $120,909 and pay an
administration fee of$14,023.
Attachments: I.
2.
Development Contract dated October 9,2000.
Construction plans and specifications are available for
review in the Engineering Department.
Breakdown of administration fees dated October 4, 2000.
3.
c: Bill Coffinan, Coffinan Development Services
Larry and Nancy Wenzel
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WHITE OAK ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROV AL............................................................................SP_I
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-5
GENERAL CONDITIONS
I. RIGHT TO PROCEED ...,................................................................,............................GC-I
2. PHASE DEVELOPMENT ...........................................................................................GC-I
3. EFFECT OF SUBDIVISION APPROV AL..................................................................GC-l
4. IMPROVEMENTS .......................................................................................................GC-l
5. IRON MONUMENTS ..,............,..................................................................................GC-2
6. LICENSE.................................................,.................................................................... GC-2
7. SITE EROSION CONTROL ,...................................................................,...................GC-2
7A. 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
1 O. CLAIMS.............................................................................,..........,..........,....................GC-3
11. PARK AND TRAIL DEDICATION ......................,......................,..............................GC-3
12. LANDSCAPING ..........................................................................................................GC-3
13. WARRANTY ...........................................................................................,...................GC-4
14. LOT PLANS .....................................,...........................................................................GC-4
15. EXISTING ASSESSMENTS..................................................................................,.... GC-4
16. HOOK-UP CHARGES .................................................................................................GC-4
17. PUBLIC STREET LIGHTING ..·........·......·..·........·..·..·..·.............................................GC-4
18. SIGNAGE .............................................................................................,...........,...........GC-4
19. HOUSE PADS ................,..........,...........,...................,.......................,.........,................GC-4
20. RESPONSffiILITY FOR COSTS........................................................................,.......,GC-4
21. DEVELOPER'S DEFAULT .........................................................................................GC-6
22. MISCELLANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service.........................,........................,..........,...................................... GC-6
C. Third Parties...................................................................................................... GC-6
D. Breach of Contract ............................................................................................ GC-6
E. Severability...............................,...................................,.............,............,........ GC.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
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WHITE OAK ADDITION
SPECIAL PROVISIONS
AGREEMENT dated October 9, 2000 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and LARRY and NANCY WENZEL, husband and
wife (the "Developer"),
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
WHITE OAK ADDITION (referred to in this Contract as the "plat"). The land is legally described
on the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the Contract, but before commencement of
any work in the plat. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A:
Final plat approved October 9,2000, prepared by Otto & Associates.
PlanB:
Grading, Drainage and Erosion Control Plan dated September 27, 2000, prepared by
Otto & Associates.
PlanC:
Plans and Specifications for Improvements dated September 27,2000, prepared by
Otto & Associates.
PlanD:
Landscape Plan dated September 20, 2000, prepared by Yardscapes.
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 Grading/Restoration
. H. Underground Utilities (e.g. gas, electric, telephone, CATV)
L 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 from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
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 from a bank or cash
escrow ("security") for $120,909. The amount of the security was calculated as 110% of the
following:
Site Grading/Restoration
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
$ 29.080
$ 1 1.390
$ 11.205
$ 4.600
$ 3 1.852
$ 300
$ 1.960
$ 9.039
$ 10.491
$ 109.917
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 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:
Larry and Nancy Wenzel
6900 Minnewashta Parkway
Excelsior, MN 55331
Telephone: (952) 474-3610
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. The two outlots must be combined with the corresponding lots across Minnewashta Parkway.
They shall not be considered as separate parcels for development purposes. These outlots may
not be used as an association beachlot.
B. The front yard setback for Lot 1, Block 1, shall be at the point where the lot width is 100 feet.
C. Demolition permits must be obtained from the Inspections Division before demolishing any
structures on the property.
D. A final grading plan and soil report must be submitted to the Inspections Division before
building permits will be issued.
E. A 10-foot clear space must be maintained around the fire hydrant, i.e., street lamps, trees,
shrubs, bushes, NSP, US West, 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.
t
SP-3
F. If any trees or shrubs are to be removed, they must be either chipped or hauled off site due to
close proximity of neighboring homes. No burning permits will be issued.
G. Additional premisé identification numbers will be required for Lot 1. Because it set off of the
cul-de-sac, numbers will not be visible from the edge of White Oak Lane, thereby requiring
additional numbers and/or signage at the driveway entranc~. Submit plans to Chanhassen
Fire Marshal and Chanhassen Building Official for review and approval. Plans for additional
address numbers must be submitted prior to any building permits being issued. Pursuant to
Chanhassen Fire Department/Fire Prevention Division Policy #29-1992.
H. The proposed residential development of3.07 net developable acres is responsible for a water
quality connection charge of $2,456. If the applicant demonstrates that ponding provided on
site meets the City's water quality goals, all or a portion of this fee may be waived. The
applicant is also responsible for a water quantity fee of$6,078.60. These fees are payable to the
City at the time of final plat recording,
I. A minimum of one tree will be required in each front yard. The landscaping plan prepared by
Yardscapes, dated 9/20/00, will be the minimum landscaping permitted as part of the
development. The developer shall install all rear yard landscaping as part of the
development. Front yard plantings may be installed as part of the house construction.
J. The developer shall pay full park and trail fees for the three additional lots (Lots 3, 4, and 5,
Block 1) pursuant to city ordinance.
K. If the exporting or importing of earthwork material is required, the developer shall supply
staff with a haul route and traffic control plan for review and approval.
L. 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.
M. The applicant shall enter into a Development Contract with the City and provide the
necessary financial security to guarantee compliance with the terms ofthe development
contract.
N. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i,e., Watershed District, Environmental Service Commission, Health Department and,
Minnesota Pollution Control Agency.
O. The sewer and water lines to the existing home located within the proposed street will need to
be disconnected in accordance with City requirements.
P. Provide a copy of the right-of-way easement over that part of White Oak Lane which is on
the Headla property.
SP-4
Q. An additional water and sanitary sewer service stub shall be provided for the Headla property
off of White Oak Lane.
R. Revise the construction plans as follows:
Sheet 3
I. Show/explain how the sanitary sewer connection will be made with the existing storm
sewer line crossing.
2. Note #1 should read, "All 6" watermain shall be PVC C-900 unless otherwise noted."
3. On Note #8, delete the word "sanitary" so the note reads, "Existing water service..."
Sheet 4
1. Add a street light approximately 8' behind the curb along the common property line
extension of Lots I and 3.
Sheet 5
I. Show all existing and proposed easements on the plans.
2. Show the draintile cleanout locations.
Sheet 6
1. City Plate #5203 has the B-618 curb crossed out. This curb will be used on Minnewashta
Parkway so it should not be crossed out.
S. Revise the specifications as follows:
1. The spec book must be signed by a professional engineer licensed in the State of
Minnesota.
2. Incorporate the City of Chanhassen Standard Specifications into the spec book.
3. On Page SCG-3 under 1.09, change the word "Waconia" to "Chanhassen".
4. Section 1-11 should be labeled as "Work Hours". Also, the hours of operation are 7:00
AM to 6:00 PM, Monday through Friday and the word "Engineer" should be changed to
"City of Chanhassen".
5. On Page SCG-4, under 1-14, add the following sentence: The Chanhassen Utility
Department requires a 48-hour notice to schedule the turning on and off of all water lines.
9. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-5
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Scott A. Botcher, City Manager
DEVELOPER:
BY:
Larry Wenzel
BY:
Nancy Wenzel
STATE OF MINNESOTA)
COUNTY OF CARVER )
( ss.
The foregoing instrument was acknowledged before me this _ day of ,
2000, 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
2000, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(952) 937-1900
SP-6
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Torrens Certificate No. 19249:
That part of Government Lot Six (6), Section Five (5), Township One Hundred Sixteen (116)
North, Range Twenty-Three (23) West on the 5th Principal Meridian, described as follows:
Beginning at a point on the West line of said Government Lot Six (6), distant 624.93 feet from the
Southwest Comer thereof; thence East 638 feet more or less to the shore of Lake Minnewashta;
thence northerly along said shore to a point distant 80 feet north of and measured at right angles to
the last described line; thence west to a point on the said West Line of Government Lot Six (6)
distant 80 feet from the point of beginning; thence southerly along said West Line 80 feet to the
point of beginning, The bearing of the East Line of said Section 6 in the above described
description is assumed to be North 0 degrees 16 minutes 30 seconds West for the basis of the
bearings within the description. Said East Line being a straight line from a stone monument in the
Southeast comer of Section 6 to a stone monument in the Northeast comer of Section 6. Said stone
monument as of record in the Carver County Courthouse.
Torrens Certificate No. 23759A:
That part of Government Lot 6, Section 5, and the Southeast Quarter of the Southeast Quarter of
Section 6, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows:
Beginning at a point on the East line of said Section 6 distant 624.93 feet from the Southeast comer
thereof; thence Northerly along the said East line 80 feet; thence North 89 degrees 53 minutes 42
seconds West (bearing not to control) 1307.49 feet more or less to a point on the West line of the
said Southeast Quarter of the Southeast Quarter distant 695.56 feet northerly from the Southwest
comer thereof; thence southerly along said West line 237.26 feet; thence South 89 degrees 47
minutes 44 seconds East (bearing not to control) 1306.06 feet more or less to a point on the East
line of said Section 6 distant 465.42 feet from the Southeast comer thereof; thence North 89 degrees
55 minutes 20 seconds East 615 feet more or less to the shore of Lake Minnewashta; thence
northerly along said shore to its point of intersection with a line bearing East fropm the point of
beginning; thence West along the last described line a distance of 638 feet more or less to the point
of beginning. The bearing of the East line of said Section 6 in the above described description is
assumed to be North 0 degrees 16 minutes 30 seconds West for the basis of the bearings within the
description. Said East line being a straight line run from a stone monument in the Southeast comer
of Section 6 to a stone monument in the Northeast comer of Section 6. Said stone monument as of
record in the Carver County Courthouse.
Except the plat of OAKS OF MINNEW ASHT A.
SP-7
}
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
,2000
STATE OF MINNESOTA)
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2000,
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(952) 937-1900
SP-8
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 from the date of this Contract,
no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development density,
lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this
Contract to the contrary, to the full extent permitted by state law the City may require compliance
with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in 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 pennits from the Metropolitan Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfY that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
GC-l
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.
1. The Developer's surveyor shall submit a written notice to the City certifYing that the monuments
have been installed.
6. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until vegetative cover has been restored,
even if construction has been completed and accepted. After the site has been stabilized to where,
in the opinion of the City, there is no longer a need for erosion control, the City will authorize the
removal of the erosion control, i.e, hay bales and silt fence. The Developer shall remove and
dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City
Code § 20-94.
8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area
that has resulted from 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
GC-2
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 from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of building permits for
construction, the Developer, its successors or assigns, shall pay to the City the park and trail
dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions.
One-third (1/3) of the park and trail cash contribution shall be paid contemporaneously with the
City's approval of the subdivision. The balance, calculated as follows, shall be paid at the time
building permits are issued: rate in effect when a building permit is issued minus the amount
previously paid.
12. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2Y.) 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 offour (4) inches of topsoil as a base. Seed
or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place
at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of
cash or letter of credit shall be provided to the City. These conditions must then be complied with
within two (2) months after the certificate of occupancy issued, except that if the certificate of
occupancy is issued between October 1 through May 1 these conditions must be complied with by
the following July 1st. Upon expiration of the time period, inspections will be conducted by City
staff to verifY satisfactory completion of all conditions. City staff will conduct inspections of
incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection.
After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfY the requirements. The City may also use the
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 warr~ted to be alive, of good quality, and
disease free at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months from the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
15. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards,
16. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year term at the rates in effect at time of application.
17. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. A plan shall be submitted for the City Engineer's
approval prior to the installation. Before the City signs the final plat, the Developer shall pay the
City a fee of$300.00 for each street light installed in the plat. The fee shall be used by the City for
furnishing electricity for each public street light for twenty (20) months.
18. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
19. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
20. Responsibility for Costs.
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 (2Yz%) of construction costs
for the first $1,000,000 and one and one-half percent (I 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 shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of the construction. Payment shall be
due in accordance with Article 20E of this Agreement.
C, The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnifY the City and its officers and employees
for all costs, damages, or expenses which the City may 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 franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format.
21. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
22. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part ofthe pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance of the public improvements unless 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 ofthe Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer
shall be grounds for denial of building 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 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 conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assignabilitv. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
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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 ·Ioudspeakers, 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. Waming signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the
street base or utilities because of snow plowing operations. The provision of City snow plowing
service does not constitute final acceptance of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been
accepted by the City,
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
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.
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S, Compliance with Laws. Ordinances. and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City ofChanhassen;
2. State of Minnesota, its agencies, departm¡:nts and commissions;
3. United States Army Corps of Engineers;
4, Watershed District(s);
5. Metropolitan Govermnent, 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 indemnity, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. Bluff Creek Drive from 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.
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y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of l1"x17" reduced
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
of the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a c.omplete set of reproducible Mylar
as-built plans, (2) one complete full-size sets of blue line as-built plans and two sets of reduced
11 "xI7" 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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CITY OF CHANHASSEN
WHITE OAK ADDITION
PROJECT NO. 00-10
BREAKDOWN OF ADMINISTRATION FEES -10/4/00
Estimated Total Cost of Public Improvements $ 99,426.00
3% of Public Improvement Costs (up to $500,000) $ 2,983.00
Street Lighting Charge (for electricity)
1 Light(s) @ $300.00 $ 300.00
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
One-Third Park Fee
3 Lots @ $1,200/3 $ 1,200.00
One-Third Trail Fee
3 Lots @ $40013 $ 400.00
Surface Water Management Fee $ 8,535.00
GIS Fee ($25/plat and $10Iparcel) $ 95.00
TOTAL ADMINISTRATION FEES $ 14,023.00
White Oak. FEE