1i. Generic Version of Dev Contract 1
CITY OF
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„` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I _-- (612) 937-1900
MEMORANDUM
ITO: Don Ashworth, City Manager - -~
IFROM: Gary Warren, City Engineer n.T
DATE: February 18 , 1988
ISUBJ: Approval of Generic Version of Development Contract
File No. PW132
1 The City Attorney and I recently took the opportunity to update
our Development Contract forms based on the experiences , good
I and/or bad, from the previous construction season. Attached is a
revised format that the City Attorney and I have prepared. The
thrust of this document is to have a special provisions section
1 which will highlight the specifics as it relates to each sub-
division, and a general conditions section that contains all of
the "boiler plate items" which do not change from
subdivision to subdivison. This, I believe, will make it easier
I in preparation of the document since this general conditions sec-
tion, once approved, will not require reprocessing each time and
also the City Council will only need review the special provi-
I sions section for each subdivision since they will already know
what we have covered in the general conditions . This is the
typical format that construction specifications utilize and one
which I oelieve will be very helpful to the Council and staff .
ITo briefly highlight a few changes that we have incorporated this
year, I present the following:
IArticle 4 - Improvments - As you are aware, I have not been
too bashful about my concern for the developer' s engineer
1 being relied on for construction inspection. I view it as
similar to the "fox guarding the hen house" , i .e. the poten-
tial conflict of interest that exists in that the Developer
is directly paying the gees for inspection which sometimes
1 can lead to a compromising situation. We have also had dif-
ficulty in the past with consistency of inspection from firm
to firm as it relates to City standards and also the fre-
tquency of inspection is sometimes in question.
With this paragraph, I am therefore stating that the City
IIwill contract for inspection services at the Developer' s
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Don Ashworth
February 18 , 1988
Page 2
expense. This places the control of the improvement projects 1
more in the hands of the City Engineering department where I
believe it belongs.
Article 6 - Erosion Control - As the Council is aware, the
City has had numerous miles of erosion control fencing and
hay bales installed over the past several years on projects .
Often times this fencing is required to be maintained for
some time after the project has been completed and accepted
by the City. Removal of this material which our earlier
Development Contract said was the responsibility of the
Developer is very difficult to achieve since the Developer
and his contractors are usually out of the picture at that
time which leaves the task up to the City to remove. I
therefore have included in this paragraph that the City will
provide for the removal of the erosion control fencing at our
discretion and the cost for this removal will be a one-time
fee paid before the final plat is signed at $1 .00 per foot of
erosion control.
Article 11 - Landscaping - In this article, I just wish to I
point out that our landscaping requirements only call for
sodding of the boulevard area between the curbing and
sidewalk as well as drainage ways. Other cities do require
Developers to sod the front yard, boulevard, side yards to
the rear of the structure on every lot and all drainage ways .
Article 15 - Street Lighting - Our earlier versions of the ,
street lighting call for the Developer to pay for the cost of
energizing the street lights for the first 24 months or until
50% of the subdivision lots had been occupied, whichever
occurs first. This was very difficult to enforce and monitor
and is contrary to the preference of the electric utilities
in that they wish to deal directly with the City and bill the
City for these lights as soon as they are installed. A
reasonable solution to this which has been utilized effec-
tively in other communities is to charge an up-front fee for
street lighting during the interim phase prior to the City
being able to receive tax receipts from residents for paying
for these lights . This revised paragraph addresses this
option. 1
Article 17 - Responsibility for Costs - This article clari-
fies the approach which has been utilized over the past year
for capturing City expenses for supervising the installation
of the plat improvements . I have elaborated in this
paragraph, for the benefit of the Developers, a few of the
areas of City involvement which consume City time and
expense.
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Don Ashworth
R February 18 , 1988
Page 3
Article 17B - As discussed on Article 4 - Improvements , this
paragraph provides the vehicle for the City to obtain reim-
bursement for providing the construction inspection services .
This highlights the major articles which Roger and I have worked
on. I am sure you will notice in reviewing the rest of articles
' that the standards which keep coming up such as construction
hours and debris clean-up, etc. are also included in this
generic.
' The consent agenda recommendation for this item is for the
City Council to adopt the Development Contract general and spe-
cial provisions (Developer Installed Improvements version) for
' utilization with all Development Contracts for the 1988 construc-
tion season.
Attachment: Development Contract
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SPECIAL PROVISIONS 1
AGREEMENT dated , 19 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, ( "the I
City" ) , and
( the "Developer" ) . '
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for
( referred to in this Contract as the "plat" ) . The land is i
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 , 19 , prepared '
by
Plan B--Grading, Drainage, and Erosion Control Plan dated 1
. 19 , prepared by
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Plan C--Plans and Specifications for Improvements dated
, 19 , prepared by
' Plan D--
Plan E--
' 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 Signs
G. Street Lights
' H. Site Grading
I . Underground Utilities (gas , electric, phone, CATV)
' J. Setting of Lot and Block Monuments
' K . Surveying and Staking
L.
M.
' 5 . Time of Performance. The Developer shall install
all required improvements by November 30 , 19 . 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
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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, cash escrow, or equivalent ( "Security" )
for $ . The amount of the security was calculated '
as 110% of the following:
Sanitary sewer $
Watermain $_ '
On-site storm sewer $
Streets $ '
Street lights and signs $
Erosion Control $ '
Engineering, surveying,
and inspection $
Landscaping $
$ '
TOTAL COST OF PUBLIC IMPROVEMENTS $ '
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, 19 The City may draw down the security,
without notice, for any violation of the terms of the 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 obliga-
tions are paid, but in no case shall the security be reduced to a
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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
Iin writing, and shall be either hand-delivered to the Developer,
its employees or agents , or mailed to the Developer by registered
Imail at the following address :
Notices to the City shall be in writing and shall be either hand-
I 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.
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9 . General Conditions. The general conditions of this
Contract dated , 19 are attached as Exhibit "B"
and incorporated herein.
CITY OF CHANHASSEN
BY:
Thomas L. Hamilton, Mayor
I ( SEAL)
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BY:
Don Ashworth, City Manager
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
The foregoing instrument was acknowlegded 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.
Notary Public
STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by '
Notary Public
11
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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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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 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. I
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
Rev. 2/18/88 -7-
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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
' 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
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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
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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 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 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
trepresentative 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
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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.
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 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 pro-
ceedings as it pertains to the letters of credit deposited with 1
the District Court, except that the Court shall retain jurisdic-
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. '
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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 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 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
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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.
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 1
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 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 . '
10. Park and Trail Dedication. Prior to the issuance 1
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. '
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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 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 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
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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.
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 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 1
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 the letters of credit deposited with I
the District Court, except that the Court shall retain jurisdic-
tion to determine attorneys' fees .
10. Park and Trail Dedication. Prior to the issuance I
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. '
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Suitable trees include:
' Maples Ash
Linden Basswood
' Green Ash Birch
Honeylocust Ginko (male only)
Hackberry Kentucky Coffee Tree
' 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
' 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 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-
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mits and 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 1
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. I
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, re aration of
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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
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calculated as follows:
1 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 ( 1i%) 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
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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 '
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 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
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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 provi- '
sions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by writ- '
ten 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 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
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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, Labor Day, July 4th, 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.
0. Street Maintenance. The Developer shall be
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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 unacceptable and replacement '
sites will need to be located for each violated site in order to
obtain a building permit.
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