1g2. Country Oaks, Dev Contract I I c -
CITY ® F ,...1
' c,BANHAssEN
1 , , .,,
j 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
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....„.,`._
(612) 937-1900
MEMORANDUM tton v oty A.!n;,.,;,,.fni.or
ITO: Don Ashworth, City Manager r' -.___. .--__,,
FROM: Gary Warren, City Engineer; e. = i.
DATE: April 20 , 1989
IISUBJ: Approve Development Contract for Country Oaks, 41--2,L;--i9
Shorewood Oaks Development, Inc .
1 File No. 89-1 (pvt)
The attached Development Contract incorporates the City Council ' s
I conditions of approval from the plat and plans and specifications
review process .
I It is therefore recommended that the City Council approve the
attached development contract for Country Oaks and authorize its
execution.
IAttachment: Development Contract
Icc: David A. Johnson, Shorewood Oaks Development, Inc.
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
COUNTRY OAKS
SPECIAL PROVISIONS
AGREEMENT dated , 19 , by and between ,
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
"City" ) , and SHOREWOOD OAKS DEVELOPMENT, INC. (the "Developer" ) .
1. Request for Plat Approval. The Developer has asked ,
the City to approve a plat for COUNTRY OAKS (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--Plat dated "Received September 21 , 1988" , ,
prepared by Brandt Engineering & Surveying.
Plan B--Grading , Drainage, and Erosion Control Plan ,
dated "Received April 19, 1989" , prepared by
Brandt Engineering & Surveying.
Plan C--Plans and Specifications for Improvements dated
"Received April 19 , 1989" , prepared by Brandt
Engineering & Surveying.
SP-1
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4. Improvements. The Developer shall install ana pay
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for the following:
A. Sanitary Sewer System
II B. Water System
C. Storm Water Drainage System
D. Streets
I E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading Including Erosion Control
I. Underground Utilities (e.g. gas , electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
I K. Surveying and Staking
L. House Drain System
M. Bituminous Sidewalk
I5 . Time of Performance. With the exception of the
final bituminous wear course, the Developer shall install all
required improvements by November 30, 1989. The Developer may,
I however, request an extension of time from the City. The
security posted by the Developer shall remain in force until the
improvements have been completed.
II6 . 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
IIimprovements , the Developer shall furnish the City with a letter
of credit from a bank , cash escrow, or equivalent ( "Security" )
for $331 , 840 .00 . The amount of the security was calculated as
II110% of the following:
Sanitary sewer $ 46 , 277 . 70
I Watermain $ 34 ,818. 00
Sanitary Sewer and
Water Services $ 14 , 385 . 90
Storm Sewer $ 27 ,087 . 80
I Drain Tile System $ 28 ,225 . 60
Street Construction $ 80 , 914. 80
Bituminous Path $ 7 , 402. 80
I Glendale Drive Restoration $ 7 ,812 . 00
Grading Including
Erosion Control $ 26 , 747 . 00
I Landscaping $ 5 ,000 .00
Street Lights and Signs $ 3, 000 . 00
Engineering, surveying,
and inspection $ 20 , 000 . 00
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 301 ,671. 60
I This breakdown is for historical reference; it is not a restric-
tion on the use of the security. The security shall be subject
to the approval of the City . The security shall be for a term
ending December 31 , 1990 . The City may draw down the security ,
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without notice, for any violation of the terms of the Contract.
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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 from time to time as financial
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obligations are paid, but in no case shall the security be
reduced to a point less than 10% of the original amount until all
improvements are complete and accepted by the City . '
7 . Notices. Required notices to the Developer shall
be in writing, and shall be either hand-delivered to the
Developer , its employees or agents, or mailed to the Developer by
registered mail at the following address:
Shorewood Oaks Development, Inc.
Attn: Mr . David A. Johnson, President
6100 Auto Club Road
Suite 314
Bloomington , MN 55438
Telephone: (612 ) 884-3882
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 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Telephone: (612 ) 937-1900
Facsimile: (612 ) 937-5739 '
8 . Other Special Conditions.
A. Drainage Pond Protection. The ponding site '
contours shall not be altered by individual property
owners/tenants who abut the drainage easement along Lots 1 though
6 , Block 3 . The Developer shall set permanent surveyor pins with
a witness stake along the drainage and utility easement at the
property corners and along the easement line so that a distance
no greater than 75 feet between pins exists along Lots 1, 2 , 3 ,
4 , 5 and 6 of Block 3 as shown on the attached Exhibit "C" .
B. Drain Tile. Each house shall have foundation
drain tile and shall be required to connect these drain tile to
the house drain system.
C. Building Pad Soil Correction. Building pad
soil corrections shall be made preferably at the time of site
grading. If the soil corrections are left until later, the
Developer shall inform all prospective buyers that soils
information will be required from a licensed soils engineer and
provided to the City at the time of building permit application.
Each lot shall be certified to have suitable soils for building
pad construction prior to issuance of a building permit. A copy
SP-3
of the soils report dated May 11 , 1987 as prepared by the firm of
GME Consultants is attached as Exhibit "D" to this contract.
D. Temporary Cul-de-sac. Prospective property
' buyers shall be informed that the cul-de-sac at the ena of
Country Oaks Road is temporary and that this road will be
extended at some appropriate time in the future to service future
' adjoining properties .
E. Covenants and Restrictions. Items 8A, 8B, 8C
and 8D shall be included in Covenants and Restrictions which
shall be recorded by the Developer on each lot of the
subdivision.
' 9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 22 , 1988 , are
attached as Exhibit "B" and incorporated herein.
SP-4
CITY OF CHANHASSEN
BY :
Donald J. Chmiel , Mayor
(SEAL)
BY: 'Don Ashworth, City Manager
DEVELOPER: SHOREWOOD OAKS
DEVELOPMENT, INC.
BY:
David A. Johnson , President
STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel , Mayor ,
and by Don Ashworth, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by David A. Johnson,
President of Shorewood Oaks Development, Inc .
Notary Public
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CONSENT
, 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 sub-
ject property owned by them.
Dated this day of , 19
STATE OF MINNESOTA )
ss .
' COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by
' Notary Public
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EXHIBIT "A"
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PLAT FILE NO.
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MN
' CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
11 1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets ,
utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this
agreement has been fully-executed by both parties and filed with
the City Clerk, 2 ) the necessary security and fees have been
received by the City, 3) the plat has been recorded with the
County Recorder ' s Office of the County where the plat is located,
and 4 ) the City Engineer has issued a written 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
' multi-phased preliminary plat, the City may refuse to approve
final plats of subsequent phases if the Developer has breached
this Contract and the breach has not been remedied. Development
' of subsequent phases may not proceed until Development Contracts
for such phases are approved by the City.
3 . Effect of Subdivision Approval. For two ( 2) years
' from the date of this Contract, no amendments to the City ' s
Comprehensive Plan , except an amendment placing the plat in the
current urban service area , or official controls shall apply to
' or affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the
' Developer. Thereafter, notwithstanding anything in this Contract
to the contrary, to the full extent permitted by state law the
City may require compliance with any amendments to the City ' s
Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Improvements. The improvements specified in the
' Special Provisions of this Contract shall be installed in accor-
dance with City standards , ordinances , and plans and specifica-
tions 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
Approved by the
' City Council on
2/22/88.
REVISED 8/8/88 - 19Q, R and S Added.
' REVISED 9/20/88 - 19I Revised.
REVISED 3/22/89 - 12 and 17 Revised.
REVISED 4/20/89 - 19T and U Added.
' GC-1
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necessary permits from the Metropolitan Waste Control Commission
and other agencies before proceeding with construction. The City
will , at the Developer ' s expense, have one or more construction
inspectors and a soil engineer inspect the work on a full or
part-time basis . The Developer shall instruct its engineer to
respond to questions from the City Inspector (s) and to make
periodic site visits to satisfy that the construction is being
performed to an acceptable level of quality in accordance with
the engineer 's design . The Developer or his engineer shall sche-
dule a preconstruction meeting at a mutually agreeable time at
the City Council chambers with all parties concerned, including
the City staff , to review the program for the construction work.
Within sixty (60 ) days after the completion of the improvements
and before the security is released, the Developer shall supply
the city with the following: (1 ) a complete set of reproducible
Mylar as-built plans, ( 2) two complete sets of blue line as-built
plans , ( 3) two complete sets of utility tie sheets , ( 4 ) location
of buried fabric used for soil stabilization, (5 ) location sta-
tioning
of all utility stubs , and ( 6 ) bench mark network.
5 . License. The Developer hereby grants the City, its
agents , employees , officers and contractors a license to enter
the plat to perform all work and inspections deemed appropriate
by the City in conjunction with plat development.
6. Erosion Control. Before the site is rough graded, '
and before any utility construction is commenced or building per-
mits are issued, the erosion control plan, Plan B, shall be
implemented by the Developer and inspected and approvea by the
City. The City may impose additional erosion control require-
ments if they would be beneficial . All areas disturbed by the
excavation and backfilling operations shall be reseeaed forthwith
after the completion of the work in that area. Except as other-
wise provided in the erosion control plan , seed shall be certi-
fied 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 of the improvements 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 remove the erosion control
measures . Before the City signs the final plat , the Developer
shall pay the City a fee of $1 . 00 per foot of erosion control
that is required to be constructed in accordance with the erosion
control plan for the plat, Plan B, to cover the City ' s cost for
the removal .
GC-2 ,
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7 . Clean up. The Developer shall maintain a neat ana
' orderly work site and shall daily clean , on and off site , dirt
and debris , including all blo,;abl`s , from streets and the
surrounding area that has resultea from construction work by the
Developer , its agents or assigns .
8 . Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construc-
tion required by this contract, the improvements lying within
public easements shall become City property. After completion of
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 attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
9 . Claims. In the event that the City receives claims
from labor , materialmen , or others that work required by this
Contract has been performed , the sums due them have not been
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 resoivea 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 , Ainnesota Rules of Civil Procedure for the
District Courts , to draw upon the letters of creait in an amount
up to 125% of tne claim(s) and deposit the funds in compliance
I1 with the Rule, and upon such deposit, the Developer shall
release , discharge, and dismiss the City from any further pro-
ceedings as it pertains to tne letters of creait deposited with
the District Court, except that the Court shall retain jurisaic-
tion to determine attorneys ' fees .
10 . Park and Trail Dedication. Prior to the issuance
of building permits for residential construction within the plat,
the Developer, its successors or assigns , shall pay to the City
the park and trail dedication fees then in force pursuant to
Chanhassen City Ordinances and City Council resolutions .
11. Landscaping. Unless the lot already has one tree
on it, the Developer shall plant a tree on every lot in the plat.
Suitable trees include:
Maples Ash
Linden Basswood
Green Ash Birch
Honeylocust Ginko (male only)
Hackber-y Kentucky Coffee free
Oak
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees , or can be a public Hazard, such as bug infestation or weak
GC-3
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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 t
in whole or in part.
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19. Miscellaneous.
A. Construction Trailers . Placement of on-site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre-construction '
meeting for installation of public improvements . Trailers shall
be removed from the subject property within thirty ( 30 ) days
following the acceptance of the public improvements unless other-
wise approved by the City Engineer.
B. Postal Service. The Developer shall provide
for the maintenance of postal service in accordance with the � I
local Postmaster ' s request.
C. Third Parties. Third parties shall have no
recourse against the City under this Contract.
D. Breach of Contract. Beach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
E. Severability. If any portion , section, subsec-
tion, sentence , clause, paragraph, or phrase of this Contract is
for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract. I I
F. Delays . If building permits are issued prior
to the completion and acceptance of public improvements, the
Developer assumes all resulting liability and costs from delays
in completion of public improvements and damage to public im-
provements caused by the City, Developer, its contractors , sub-
contractors, materialmen , employees , agents , or third parties .
G. Occupancy. Unless approved in writing by the
City engineer, no one may occupy a building for which a building
permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous
surface.
H. Waivers/Amendments . The action or inaction
action 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
GC-6
a waiver or release.
I. 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 written request for a
certificate applicable to an individual lot allowing a minimum of
ten (10 ) days for processing.
' J. Insurance. Developer shall take out and main-
tain until six ( 6 ) months after the City has accepted the public
improvements , public liability and property damage insurance
' covering personal injury, including death, and claims for pro-
perty damage which may arise out of Developer ' s work or the work
of its subcontractors or by one directly or indirectly employed
' by any of them. Limits for bodily injury and death shall be not
less than $500 , 000 for one person and $1 ,000 , 000 for each
occurrence; limits for property damage shall be not less than
$200 ,000 for each occurrence; or a combination single limit
' policy of $1 ,000 ,000 or more. The City shall be named as an
additional insured on the policy , and the Developer shall file
with the City a certificate evidencing coverage prior to the City
' signing the plat. The certificate shall provide that the City
must be given ten (10 ) days advance written notice of the can-
cellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
' K. Remedies . Each right,power or remedy herein
conferred upon the City is cumulative and in addition to every
' other right, power or remedy , express or implied , now or
hereafter arising, available to City , at law or in equity, or
under any other agreement, and each and every right , power and
' remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may ce 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.
L. Assignability. 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.
' M. Construction Hours . Construction equipment may
only be operated in the plat between 7 : 00 a.m. and 6 : 00 p.m. ,
Monday through Saturday. Operation of construction equipment is
I also prohibited on the following holidays : New Year ' s Day ,
Memorial Day, July 4th, Labor Day, Thanksgiving Day , Christmas
Eve Day, and Christmas Day.
' N . Access . All access to the plat prior to the
City accepting the roadway improvements shall be the respon-
sibility of the Developer regardless if the City has issued
' building permits or occupancy permits for lots within the plat.
GC-7
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O. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
subdivision are accepted by the City. Warning signs shall be
placed by the Developer when hazards develop in streets to pre-
vent
the public from traveling on same and directing attention to
detours. If streets become impassable, the City may order that
such streets shall be barricaded and closed. The Developer shall
maintain a smooth roadway surface and provide proper surface
drainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the
streets. The City shall have complete discretion to approve or
reject the request. The City shall not be responsible for
reshaping or damage to the street base or utilities because of
snow plowing operations . The provision of City snow plowing ser-
vice does not constitute final acceptance of the streets by the
City.
P. Soil Treatment Systems. If soil treatment
systems are required, the Developer shall clearly identify in the
field and protect from alteration, unless suitable alternative
sites are first provided, the two soil treatment sites identified
during the platting process for each lot. This shall be done
prior to the issuance of a Grading Permit. Any
violation/disturbance of these sites shall render them as unac-
ceptable and replacement sites will need to be located for each
violated site in order to obtain a building permit.
Q. Variances. By approving the plat, the
Developer represents that all lots in the plat are buildable
without the need for variances from the City ' s ordinances .
R. Compliance with Laws , Ordinances and Regulations. I
In the development of the plat the Developer shall comply with
all laws, ordinances, and regulations of the following authorities:
1 . City of Chanhassen; '
2 . State of Minnesota, its agencies, departments and
commissions;
3 . United States Army Corps of Engineers;
4 . Watershed District( s) ;
5 . Metropolitan Government, its agencies, departments and
commissions . '
S. Proof of Title. Upon request, the Developer
shall furnish the City with evidence satisfactory to the City
that it has the authority of the fee owners and contract for deed
purchasers to enter into this Development Contract.
T. Soil Conditions. The Developer acknowledges '
that the City makes no representations or warranties as to the
condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which I
the Developer may make use of such property . The Developer
further agrees that it will indemnify, defend and hold harmless
the City, its governing body members , officers, and employees
from any claims or actions arising out of the presence, if any,
of hazardous wastes or pollutants on the property.
GC-8 I
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U. Soil Correction. The Developer shall be
responsible for soil correction work on the property . The City
makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable
soil conditions which may exist.
- - - END OF GENERAL CONDITIONS - - -
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EXHIBIT "C"
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