1n. Dev Contract for Minnewashta Meadows CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
-- ACt1Afl by city
Moue Le-
MEMORANDUM tl
' Module_
TO: Don Ashworth, City Manager italscteri
tin NiJt){ll�tlit t( !;,,, .. it ii
FROM: Gary Warren, City Enginee
DATE: July 7, 1988 ■y
' SUBJ: Approval of Development Contract for Minnewashta Meadows
File No. 88-2
' Attached is the development contract prepared by the City
Attorney 's office for Minnewashta Meadows Subdivision (Gary
Carlson) . This contract incorporates the conditions of plat and
plans and specifications approval . As such , it is recommended
for execution.
Attachment: Development Contract
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CITY OF CHANHASSEN I
DEVELOPMENT CONTRACT
(Developer Installed Improvements) j
SPECIAL PROVISIONS
AGREEMENT dated , 1988, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, ("City") , and GARY D.
CARLSON and MAUREEN G. CARLSON, husband and wife (the "Developer") .
1. Request for Plat Approval. The Developer has asked the 1
City to approve a plat for MINNEWASHTA MEADOWS (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 a pproves 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 1
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 , 19 , prepared
by
Plan B--Grading, Drainage, and Erosion Control Plan dated
, 19 , prepared by '
Plan C--Plans and Specifications for Improvements dated
, 19 , prepared by
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r07/06/88
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II4. Improvements. The Developer shall install and pay for the
following:
IA. Sanitary Sewer System
B. Water System
IIC. Storm Water Drainage System
IID. Streets
E. Concrete Curb and Gutter
' F. Street Signs
G. Street Lights
IH. Site Grading
III. Underground Utilities (gas, electric, phone, CATV)
J. Setting of Lot and Block Monuments
IIK. Surveying and Staking
5. Time of Performance. The Developer shall install all
IIrequired improvements by November 30, 1988. 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
IIDeveloper to reflect cost increases and the extended completion date.
6. Security. To guarantee compliance with the terms of this
IContract, payment of special assessments, payment of the costs of all
II public improvements, and construction of all public improvements, the
Developer shall furnish the City with a letter of credit from a bank
II cash escrow, or equivalent ("security") bank,
y ) for $ The amount
of the security was calculated as 110% of the following: ___ .
ISanitary sewer $
Watermain $
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On-site storm sewer $ '
Streets $ '
Street lights and signs $
Erosion control $ '
Engineering, surveying,
and inspection $ I
TOTAL COST OF PUBLIC IMPROVEMENTS $
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, 1988.
The City may draw down the security, without notice, for any violation I
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 from time to time as financial obligations are
paid, but in no case shall the security be reduced to a point less than
25% of the original amount until all improvements are complete and I
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: 3831 - 62nd Street West, Excelsior, Minnesota 1
55331. 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.
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' 8. Other Special Conditions.
A. The two sheds on Lot 14, Block 1 and the street right-
of-way and the small one story single family residence on Lot 15, Block
1, shall be removed prior to street construction and installation of
utilities. The demolition debris from the home and shed shall be trucked
off the site and disposed of properly.
B. A 20 foot trail easement shall be provided along the
west side of Church Road and park and trial dedication fees shall also
be required.
C. All utility improvements shall conform to the City
' standards for urban construction.
D. The Developer shall obtain and comply with all
conditions required by the Minnesota Department of Natural Resources,
Watershed District, and any other regulatory agencies.
E. A gate valve shall be located three feet behind each
' hydrant as in accordance with the City's detail for hydrant
construction.
F. Wood-fiber blankets or equivalent shall be used on all
' slopes greater than 3 : 1.
G. The proper utility and drainage easements shall be
' provided on the plat for the proposed retention/sedimentation basin
located at the south of Lots 9 and 10 of Block 1.
' H. The sanitary sewer along Church Road shall be installed
at a deep enough level to be able to provide gravity service to the
Frizzell and Kerber property.
' I. Construction of sanitary sewer along Church Road shall
take all necessary precautions to protect existing City utility and
roadway improvements.
J. The driveway located on Lot 16, Block 1, shall be
located at the most northerly location.
' K. The Developer shall meet the following conditions
concerning the wetland alteration permit: There shall be no
construction activity beyond the erosion control fence adjacent to the
' Class B wetland as shown on Plan B.
9. General Conditions. The general provisions of this
Contract are attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN ,
BY:
(SEAL) Thomas L. Hamilton, Mayor '
BY:
Don Ashworth, City Manager
DEVELOPER:
I
GARY D. CARLSON
MAUREEN G. CARLSON
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1988, by Thomas L. Hamilton, 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 , 1988, by GARY D. CARLSON and MAUREEN G. CARLSON,
husband and wife.
NOTARY PUBLIC
DRAFTED BY:
Grannis, Grannis, Farrell '
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
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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 subject property owned by them.
Dated this day of , 19 .
,'
STATE OF MINNESOTA )
' (
COUNTY OF ) ss.
The foregoing instrument was acknowledged before me this
' day of , 19 , by
' NOTARY PUBLIC
' DRAFTED BY:
Grannis, Grannis, Farrell
' & Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
1
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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: 1) this agreement has been fully
executed by both parties and filed with the City Clerk, 2) the necessary '
security has 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
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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 permits from the Metropolitan Waste Control
Commission and other agencies before proceeding with construction. The
Developer shall instruct its engineer to provide adequate field
' inspection personnel to assure an acceptable level of quality control to
' the extent that the Developer's engineer will be able to certify that
the construction work meets the approved City standards as a condition
of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a
soil engineer inspect the work on a full or part-time basis. The
Developer or his engineer shall schedule a preconstruction meeting at a
mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the
construction work. Within sixty (60) days after the completion of the
improvements and before the security is released, the Developer shall
supply the City with the following: (1) a complete set of reproducible
Mylar as-built plans, (2) two complete sets of blue line as-built plans,
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(3) two complete sets of utility tie sheets, (4) location of buried
fabric used for soil stabilization, (5) location stationing 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 permits are
issued, the erosion control plan, Plan B, shall be implemented by the
Developer and 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 I
time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule or 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
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' needs to be maintained until vegetation cover has been restored, even if
after construction as been completed and accepted. After completion of
construction the City will remove the silt fences. To pay for the
removal, before the City signs the final plat the Developer shall pay
the City a fee of $1. 00 per foot of silt fence that is required to be
' constructed in accordance with the erosion control plan for the plat,
Plan B.
7 . Clean up. The Developer shall daily clean, on and off
site, dirt and debris from streets and the surrounding area that has
' resulted 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 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 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 resolved at
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least ninety (90) days before the security required by this Contract
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will expire, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil I
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 I
with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further
II
g y y proceedings as it
pertains to the letters of credit deposited with the District Court,
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except that the Court shall retain jurisdiction to determine attorneys'
fees. I
10. Park and Trail Dedication. Prior to the issuance of
building permits for residential construction within the plat, the II
Developer, its successors or assigns, shall pay to the City the park and
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trail dedication fees then in force pursuant to Chanhassen City
Ordinances and City Council resolutions. I
11. Landscaping. Unless the lot already has one tree on it,
the Developer shall plant a tree on every lot in the plat. Suitable I
trees include:
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Maples Ash
Linden Basswood
Green Ash Birch
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Honeylocust Ginko (male only)
Hackberry Kentucky Coffee Tree
Oak I
Other species of trees may be approved by the building inspector. Trees
which can cause a public nuisance, such as cotton producing trees, or II
can be a public hazard, such as bug infestation or weak bark, are ;y
prohibited. The minimum tree size shall be two (2) inches caliper, I
either bare root in season, or balled and burlapped. The trees may not
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be planted in the boulevard. The Developer shall sod the front yard,
boulevard, side yards to the rear of the structure on every lot, and
drainage ways. Weather permitting, the trees, sod, and seed shall be
planted before Certificates of Occupancy are issued for a lot.
12. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of one (1) year after its completion and acceptance by the City.
All trees, grass, and sod shall be warranted to be alive, of good
quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The
Developer shall post maintenance bonds or other security acceptable to
the City to secure the warranties at the time of final acceptance.
13. Lot Plans. Prior to the issuance of building permits an
acceptable Grading, Erosion Control, and Tree Removal Plan shall be
submitted for each lot as required in the Special Provisions, for review
and approval by the City Engineer. Each plan shall assure that drainage
is maintained away from buildings and that tree removal is consistent
with City Ordinance.
14. Existing Assessments. Any existing assessments against the
plat will be respread against the plat in accordance with City
standards.
15. Street Lighting. Before the City signs the final plat, the
Developer shall pay the City a fee of $200. 00 for each street light
installed in the plat. The fee shall be used by the City for furnishing - •
electricity for each light for twenty (20) months or until homes have
been built on each lot in the plat, whichever first occurs.
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16. Street Signs. All street name and traffic signs required
by the City as a part of the public improvements shall be furnished and
installed by the City at the sole expense of the Developer.
17. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the development of the plat to cover the cost of City
staff time and overhead. 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, two
percent (2%) of construction costs;
iii) if the cost of the construction of public
improvements is over $1, 000, 000, one and one-half
percent (1 1/2%) of construction costs.
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 out-of-pocket costs incurred by the
City in monitoring and inspecting development of the plat.
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 pay or
incur in consequence of such claims, including attorneys' fees.
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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 may or may not have sold, until the bills are paid in full.
Bills not paid within thirty (30) days shall accrue interest at the rate
of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be imposed
such as but not limited to sewer availability charges ("SAC") , City
water connection charges, City sewer connection charges, and building
permit fees.
18. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City,
provided the Developer is first given notice of the work in default, not
less than four (4) days in advance. This Contract is a license for the
City to act, and it shall not be necessary for the City to seek a Court
order for permission to enter the land. When the City does any such
work, the City may, in addition to its other remedies, assess the cost
in whole or in part.
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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 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.
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.
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. 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 improvements caused by the City,
Developer, its contractors, subcontractors, 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
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issued on either a temporary or permanent basis until the streets needed
for access have been paved with a bituminous surface.
H. Waivers/Amendments. The action or inaction of the City
shall not constitute a waiver or amendment to the provisions of this
Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce
this Contract shall not be a waiver or release.
I. Release. This Contract shall run with the land and 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 will execute and deliver to the Developer a
release.
J. 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 $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
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of the cancellation of the insurance. The certificate may not contain
any disclaimer for failure to give the required notice.
K. Remedies. Each right, power or remedy herein conferred
upon the City is cumulative and in addition to every other right, power
or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
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 also prohibited on the
following holidays: New Year's Day, Memorial Day, Labor Day, July 4th,
Christmas Eve Day, and Christmas Day.
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