1h. Dev Contract for Curry Farms, 2nd Addition 1
CITY OF ,.........
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y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I `" i (612) 937-1900 Action by (,1,/ ,0,;iii.Tr„e..
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MEMORANDUM Mudifi:d u. .._.._..—..
II
TO: Don Ashworth, City Manager im __t_:! _"-
IFROM: Gary Warren , City Engineer 4,
DATE: August 4, 1988 $ _ ?��?
I SUBJ: Approval of Development Contract for Curry Farms 2nd Addition
File No. 88-5 (private)
1 Attached is the development contract for Curry Farms 2nd Addition
which has been reviewed with the Developer. The conditions of
I approval of the platting process have been incorporated into this
agreement.
I call your attention to item 8j on page SP-4. As will be
1 recalled, the Developer has agreed to various grading, drainage
and landscaping improvements on the Kerber property. In order to
avoid any further flooding problems on the Kerber property, the
I City has requested that a drainageway maintenance easement be
provided to the City by the Kerbers for the creekbed area on his
property. Since the rest of the improvements , including grading ,
I are contingent on the City receiving this easement, and since the
site grading is anticipated to be completed by the first week in
September, it will be necessary to receive this drainageway main-
tenance easement no later than August 26, 1988 . This will allow
I the Developer sufficient time to complete the grading improve-
ments on the Kerber property prior to finishing the site grading
on Curry Farms 2nd Addition. We have therefore written this time
I restriction into the development contract and made Mr . and Mrs.
Kerber aware of this as evidenced by the attached August 3 , 1988
correspondence.
IIt is therefore recommended that the attached development
contract for Curry Farms 2nd Addition be approved and authorized
for execution.
1
Attachments
I1. Draft development contract dated 8/3/88 .
2. August 3 , 1988 letter to Larry Kerber.
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CURRY FARMS SECOND ADDITION
SPECIAL PROVISIONS '
AGREEMENT dated , 19 , by and between ,
the CITY OF CHANHASSEN, a Minnesota municipal corporation , (the
"City") , and CENTEX REAL ESTATE CORPORATION, (the "Developer") .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for Curry Farms Second 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--Plat dated "Received April 18 , 1988" , prepared by
Westwood Surveying Company.
Plan B--Grading , Drainage, and Erosion Control Plan dated 1
May 18 , 1988 , with revisions dated July 14 , 1988 ,
and also dated "Received July 22 , 1988" , prepared
by Westwood Planning and Engineering Company.
Plan C--Plans and Specifications for Improvements dated
May 31 , 1988 , and also dated "Received June 22 ,
1988" , prepared by Westwood Planning and
Engineering Company.
Plan D--Landscaping Plan for Kerber Property dated
July 21 , 1988 , prepared by the Chanhassen
Planning Department.
Plan E--Registered Land Survey for Tracts A, B and C
dated July 25 , 1988 , prepared by Westwood
Surveying Company.
Plan F--Kerber Property Grading and Drainage Improvement
Plan ( included in Plan B above) .
8/3/88 SP-1
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I 4. Improvements. The Developer shall install and pay
for the following:
II A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
II D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
I H. Site Grading
I. Underground Utilities ( e.g. gas , electric ,
telephone, CATV)
I J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
M. Construction, Engineering and Inspection
I5 . Time of Performance. The Developer shall install
all required improvements by November 30 , 1989. The Developer
I 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
Uthe extended completion date.
6. Security. To guarantee compliance with the terms
of this Contract , payment of special assessments, payment of the
II 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, cash escrow, or equivalent ( "Security" )
I for $ 385 ,000 ( $514 ,690 less $129 ,690 ) *. The amount of the
security was calculated as 110% of the following:
Sanitary sewer $ 51 ,700
IWatermain $ 76 ,000
On-site storm sewer $ 44 ,600
Streets $ 124 , 300
I Street lights and signs $ 2 , 600
Erosion Control $ 11 , 475
Engineering, surveying ,
II and inspection $ 29 ,600
Landscaping $ 12 ,500
Site Grading $ 115 ,100
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 467 ,875
*Developer has provided the City with a separate letter of
I credit in the amount of $129, 690 for site grading and engi-
neering as a part of the grading permit issued 7/15/88 .
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 , 1989. The City may draw down the security ,
I without notice, for any violation of the terms of the Contract .
If the required public improvements are not completed at least
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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 obliga-
tions 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 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:
Centex Real Estate Corporation
Attn: Mr. Thomas Boyce
5959 Baker Road, Suite 300
Minnetonka , MN 55345
Telephone: ( 612) 936-7833 I
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
8. Other Special Conditions. I
A. Installation of 18 eight-foot and 17 six-foot
Black Hills Spruce and other landscaping referenced in Plan D.
All landscape plantings shall be guaranteed for a period of one
year and replaced as necessary within this guarantee period at
the Developer ' s expense.
B. The Developer shall be responsible for
notifying prospective buyers of property in Curry Farms Second
Addition of the presence of the contractor ' s yard on the Kerber ' s
property and advise these potential lot owners that the City of
Chanhassen has required the Developer to provide the additional
landscaping to screen the property as noted in the attached Plan
D which has not typically been required in other plat applica-
tions. This notification shall be recorded as covenants of
restriction against all lots in Blocks 3 and 4 , Curry Farms
Second Addition.
C. All existing City utilities such as manholes ,
fire hydrants and gate valves which are impacted by the
Developer 's grading , shall be raised at the Developer ' s expense
to the finished grade elevation.
SP-3
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' D. Grading along the Reamer property ( 6280 Teton
Lane) shall be done to properly convey any drainage from the
Reamer property away from adjoining property structures and
homes.
E. A conservation easement shall be provided at
' the 992-foot contour along the northerly side of the park area
before the City signs the final plat .
F. All outlots shall be considered unbuildable.
' G. The Developer shall arrange for the testing of
surface runoff from the site with the Watershed District to docu-
ment the water quality impacts to Christmas Lake ( see attachment
H. Sanitary sewer and watermain stubs shall be
provided for the Reamer and Loris residences stubbed to the pro-
perty line at the locations designated by the City Engineer.
I. The Developer agrees to upgrade Teton Lane in
accordance with the approved feasibility study and plans and spe-
cifications at the Developer ' s expense. It is further agreed
' that the Developer shall reimburse the City for its consultant ' s
expenses in preparation of the Teton Lane feasibility study in
the amount of $3 ,700 . This fee shall be paid prior to the
signing of the final plat .
J. The Developer agrees to provide fill ,
landscaping , grading and drainage improvements on the Kerber pro-
perty in accordance with Plan F providing the City receives a
satisfactory drainage-way maintenance easement from the Kerbers
prior to August 26 , 1988 .
K. The Developer shall obtain, on behalf of the
City , a 12 ' x 15 ' roadway easement to accommodate the Teton Lane
turnaround on the Donovan property as shown on Plan C prior to
the City signing the final plat.
L. Conveyance of the easterly 222 feet along
Devonshire Drive of Lot 1 , Block 3, Curry Farms to the City with
a roadway, drainage, and utility easement dedicated over its
entirety.
M. The Developer has been issued a grading permit
dated July 15 , 1988 authorizing proceeding with grading work as
of that date.
' N. The City ' s inspector shall supply the Developer
with utility tie sheets, location of buried fabric and utility
stub locations for use in meeting General Condition No. 4 of this
agreement .
0. Park and trail fee requirements were fulfilled
in Curry Farms 1st Addition , therefore the City agrees to waive
the park land and trail fees for Curry Farms 2nd Addition.
SP-4
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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.
CITY OF CHANHASSEN
BY:
Thomas L. Hamilton, Mayor
(SEAL)
BY: 1
Don Ashworth , City Manager
1
CENTEX REAL ESTATE CORPORATION
1
BY:
Its
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , 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.
1
Notary Public
STATE OF MINNESOTA ) 1
ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by
1
Notary Public 1
1
1
SP-5
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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 )
' COUNTY OF ) ss .)
The foregoing instrument was acknowledged before me this
day of , 19 , by
' Notary Public
1
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SP-6
CITY OF CHANHASSEN ,
DEVELOPMENT CONTRACT
(Developer Installed Improvements) '
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be I
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
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
Revised 2/18/88 . ,
Approved by the
City Council on
2/22/88. GC-1 ,
Els
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 approved 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 reseeded 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 .
' 7. Clean up. The Developer shall maintain a neat and
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orderly work site and shall daily clean, on and off site, dirt I
and debris, including all blowables , from streets and the
surrounding area that has resulted from construction work by the
Developer, its agents or assigns. I
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
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inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied
that all work is satisfactorily completed in accordance with the
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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. II
9 . Claims. In the event that the City receives claims
from labor, materialmen, or others that work required by this
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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
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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 II
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
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release, discharge, and dismiss the City from any further pro-
ceedings as it pertains to the letters of credit deposited with
the District Court, except that the Court shall retain jurisdic-
tion to determine attorneys ' fees. II
10. Park and Trail Dedication. Prior to the issuance
of building permits for residential construction within the plat,
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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 . 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 trees include: II
Maples Ash
Linden Basswood
II
Green Ash Birch
Honeylocust Ginko (male only)
Hackberry Kentucky Coffee Tree II Oak
Other species of trees may be approved by the building inspector .
Trees which can cause a public nuisance, such as cotton producing II
trees, or can be a public hazard, such as bug infestation or weak
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' bark, are prohibited. The minimum tree size shall be two ( 2 )
inches caliper, either bare root in season, or balled and
burlapped. The trees may not be planted in the boulevard. In
' addition to any sod required as a part of the Erosion Control
Plan ( Plan B) , the Developer shall sod the boulevard area and all
drainage ways on each lot utilizing a minimum of four inches of
' topsoil as a base. 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 work-
manship 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 or his
contractor( s) shall post maintenance bonds (Miller-Davis Company
form No. 1636 or equal) 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 per-
mits an acceptable Grading, Drainage, 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 .
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 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 , pro-
cessing-pay requests , processing security reductions and final
acceptance of improvements . This fee does not cover the City' s
cost for resident construction inspections . The fee shall be
calculated as follows :
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i) if the cost of the construction of public
improvements is less than $500 , 000, three
precent ( 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 (12%) 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 impro-
vements 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 for providing resident construction inspec-
tions . 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 17E of this
agreement.
C. The Developer shall hold the City and its offi- ,
cers 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 .
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 attor-
neys' fees .
E. The Developer shall pay in full all bills sub-
mitted to it by the City for obligations incurred under this 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
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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
in whole or in part.
' 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
' 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.
' 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 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
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a waiver or release. 1
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 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 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, 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.
O. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
GC-7 1
' 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.
- - - END OF GENERAL CONDITIONS - - -
I
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CITY OF
- 1
�
k CHANHASSEN
T °'`E'f 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 1
August 3 , 1988
1
Mr. Larry Kerber 1
6420 Powers Boulevard
Chanhassen, MN 55317
Re: Drainageway Maintenance Easement
Curry Farms 2nd Addition
File No. 88-5 (private) 1
Dear Mr . Kerber:
As you are aware, the construction plans and specifications for 1
Curry Farms 2nd Addition include grading and drainage culvert
improvements on your property. In order for this to occur , as
stated in the conditions of approval by the City Council , the
City must be provided a Drainageway Maintenance Easement across
your property along the alignment of the existing creek bed.
Enclosed you will find 3 copies of the Drainageway Maintenance
Easement which I have prepared for your review and execution.
Also attached, please find a copy of the draft Development
Contract between the City and Centex Real Estate Corporation for
Curry Farms 2nd Addition which will be on Monday night ' s City
Council meeting agenda. I call your attention to item 8J on page
SP-4 which requires the Developer to provide the fill , grading
and drainage improvements on your property in accordance with the
plans, providing that the City receives the attached Drainageway
Maintenance Easement prior to August 26 , 1988. 1
The reason for the deadline is not to pressure you, however, the
Developer has approval to commence with the grading work the week
of August 8 , 1988. He expects to be completed with the grading
work within four week' s time, weather permitting. If the proper
easements are not provided by you as required prior to completing
the site grading , he obviously will have to make other provisions
for disposal of the fill material in which case it would not be
available for grading on your property. I hope this can be
avoided, however, it should be clear to you that , as stated, the
Developer will not be obligated to perform this work unless we
have received executed copies of the attached easement no later
than August 26 , 1988.
1
' Larry and Kathy Kerber
August 3 , 1988
Page 2
If you have any questions, please call.
Sincerely,
CITY OF CHANHASSEN
1
Ga .rren , P.E.
Ci • eer
GGW:ktm
Attachments: 1. Drainageway Maintenance Easement ( 3 copies) .
2 . Draft Development Contract.
cc: John Spiess , Centex Real Estate Corporation
Roger Knutson, City Attorney
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