1g Fox Den/Project 05-10
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassec, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspeclions
Phone: 952.227.IIBO
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Cenler
Phone 952.227.1125
Fax: 952.227.1110
Web Site
WNW.ci,chanhassen.mn.us
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Sharrneen AI-Jaff, Senior Planner
DATE: May 20, 2005
SUBJ:
Approve Amendment to Development Contract for Fox Den
Project No. 05-10 (Simple Majority Vote Required)
On April 25, 2005, the City Council approved the Development Contract for Fox
Den Subdivision. Although the developer is the same, they opened a new
company for this development. The county will not accept recording of
documents unless the names match exactly. The city will not allow the developer
to proceed with development unless the Development Contract has been recorder.
A name change requires City Council approval. The reason this item is being
added to the May 23, 2005 meeting is because the applicant wishes to begin
construction prior to the next council meeting on June 13,2005.
The developer has requested a modification to the development contract;
specifically, changing the name of the developer from S & J Land Co., LLC to
Fox Den Dev, LLC. Attached is a revised development contract incorporating the
new name and date of approval. The conditions of approval remain as previously
approved on April 25, 2005.
It is therefore recommended that the City Council approve the revised
development contract dated May 23, 2005.
Attachment: Revised Development Contract
c:
Scott Rosenlund - Fox Den Dev. LLC
Paul Oehme, City Engineer
g:\eng\projects\fox den\amended dc.doc
The City 01 Chanhassen' A growing community with clean lakes, quality schools, a charming downlown, thriving businesses, winding trails, and beautiful parks A goat place to lIVe, work, and play
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FOX DEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
"(;
~
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROV AL···..·......................................................................SP-I
2. CONDmONS OF PLAT APPROVAL ........................................................................SP-I
3. DEVELOPMENT PLANS ............................................................................................SP-I
4. IMPROVEMENTS ........................................................................................................SP-2
5. TIME OF PERFORMANCE .........................................................................................SP-2
6. SECURITy.... ......................... ................................ ............ ........... ............. ....... ............ SP-2
7. NOTICE .............................. .................................................. ..... ................................... .SP-3
8. OTHER SPECIAL CONDmONS ................................................................................SP-3
9. GENERAL CONDITIONS............................................................................................SP-6
GENERAL CONDmONS
1. RIGHT TO PROCEED .................................................................................................GC-I
2. PHASED DEVELOPMENT.........................................................................................GC-I
3. PRELIMINARY PLAT STATUS ................................................................................GC-I
4. CHANGES IN OFFICIAL CONTROLS ......................................................................GC-I
5. IMPROVEMENTS .......................................................................................................GC-I
6. IRON MONUMENTS ..,...............................................................................................GC-2
7. UCENSE ......................................................................................................................GC-2
8. SITE EROSION CONTROL .................................,......................................................GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING....................................................................................................................GC-2
9. CLEAN UP ...................................................................................................,...............GC-3
10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC_3
11. CLAIMS.........., .......... ...... ........ ................... ... .... ................. ... ..... ... ... ...... ................... ... GC-3
12. PARK DEDICATION ..................................................................................................GC-3
13. LANDSCAPING ......................................................-....................................................GC3
14. WARRANTY ...............................................................................................................GC-4
15. LOT PLANS .................,...............................................................................................GC-4
16. EXISTING ASSESSMENTS ..........,............................................................................GC-4
17. HOOK-UP CHARGES .................................................................................................GC-4
18. PUBUC STREET UGHTING .................................,...........,.......................................GC-4
19. SIGNAGE ...... ... ........ ... ... ...... ........................ ....... ....... ...... ...... ..... ...... ....... ......., ......., ....GC-5
20. HOUSE PADS ..............................................................................................................GC-5
21. RESPONSffiILITY FOR COSTS.................................................................................GC-5
22. DEVELOPER'S DEFAULT .........................................................................................GC-6
22. MISCELLANEOUS
A. Construction Trailers. ............ .......... ....... .... ... ......... ... ........ ...... ....... .... .... ..... .....GC-6
B. Postal Service ... ...... ... ..... ... ... ... ......., ... ....... .......... ... ... ..... ..... ... .... ... .... ........, ... .... GC-6
C. Third Parties ....... ... .............. ... ....... ....... .............. ... ........... ..... ....... ......., ... ....,... ..GC- 7
D. Breach of Contract.... ........... ....... .... ....... .... ... ....... ........ ...... ... .......... ....... ........... GC- 7
1
E. Severability............. ... ... ................................... ..................... ...................... ...... GC-7
F. Building Pennits ............. ............ ................................................... .... ............... GC-7
G. Waiversl Amendments. ... ................................................................................... GC-7
H. Release ... ...... ...... .............................. ...... ...................... ........................ ........ .....GC-7
1. Insurance ........ .................................... ......................... ...... ....... ......................... GC- 7
J. Remedies ............. .......................................................... ...... ........ ......................GC- 7
K. Assignability.............................. ............. ........................ ....... ...................... .....GC-8
L. Construction Hours .......... ............ ....... .......... ... ...... ... .............................. ..........GC-8
M. Noise Amplification ..... ...... .......................... ...... .................. ............... .............. GC-8
N. Access .................................................................................................... ....... .... GC-8
O. Street Maintenance........... .................... .............................................................GC-8
P. Stonn Sewer Maintenance ........ ... ................. ............ ..... ....... ............................GC-8
Q. Soil Treatment Systems ....................................................................................GC-9
R. Variances.................. ... ............ ............................. ......... ...... ...................... ........ GC-9
S. Compliance with Laws, Ordinances, and Regulations......................................GC_9
T. Proof of Title.. ...... ..... ...... ...... .......... ................. ............ ......... .... ........ ................GC-9
U. Soil Conditions ..................................... .... ... ...... ............ ...... ........ ....... ........ ...... GC-9
V. Soil Correction ..................... ........................................................... ....... ........... GC-9
W. Haul Routes ......................................................................................................... GC-IO
X. Development Signs.............................................................................................. GC-IO
Y. Construction Plans............................................................................................... GC-IO
Z. As-Built Lot Surveys ........................................................................................... GC-1O
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
FOX DEN
BrE<;JAL PROVISIONS
AGREEMENT dated May 23, 2005 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, FOX DEN DEV, LLC, a limited liability
company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Fox Den (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, furnish the security required by it, and record the plat with
the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
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 tenns of this Contract, the written tenns
shall control. The plans are:
Plan A:
Final plat approved April 25, 2005, prepared by Otto Associates.
PlanB:
Grading, Drainage and Erosion Control Plan dated March 25, 2005, prepared by
Otto Associates.
PlanC:
Plans and Specifications for Improvements dated March 25, 2005, prepared by Otto
Associates.
PlanD:
Landscape Plan dated March 25, 2005, prepared by Otto Associates.
SP-l
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Stonn Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
1. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Peñormance. The Developer shall install all required improvements by
November 15, 2005. 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 tenns of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the fonn attached
hereto, from a bank acceptable to the City, or cash escrow ("security") for $226,952. The amount
of the security was calculated as 110% of the following:
Site Grading/Restoration
Sanitary Sewer
Watennain
Stonn Sewer, Drainage System, including cleaning and maintenance
Streets
Street lights and signs
Erosion control
Engineering, surveying, and inspection
Landscaping
TOTAL COST OF PUBLIC IMPROVEMENTS
SP-2
$ 48.285.00
$ 13.582.00
$ 25.920.00
$ 30.578.00
$ 56.092.00
$ 600,00
$ 4.325.00
$ 17.938.00
$ 9.000,00
$ 206.320.00
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 City may draw down the security, without
notice, for any violation of the tenns 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 10% of the original amount until (1) all
improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all
financial obligations to the City satisfied, (4) the required "record" plans have been received by the
City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Scott Rosenlund
FOX DEN DEV, LLC
622 W. 82nd Street
Chaska, MN 55318
Phone: 952-215-8535
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, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $226,952 and pay an administration fee of $34,575.
B. The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
C. The existing water service to the site from Highway 101 must be removed to the existing
watennain.
D. The pond on Outlot A, Fox Hollow shall be maintained to ensure it meets the size and
volume standards to which it was originally designed. Any inlet and outlet structures on that
pond requiring maintenance or replacement shall be maintained or replaced.
E. An outlet meeting National Pollutant Discharge Elimination System pennanent storm
water management system requirements (NPDES Permit MN Rlooool, Section C, Subsection
ID, Page 11 or 26) shall be installed at the outlet of the pond on Outlot A, Fox Hollow.
SP-3
F. A floating Faircloth skimmer or another preapproved method should be used for
dewatering. The flow route, distance to receiving waters and name of receiving waters of the
stonn water basin and dewatering activities shall be included on the plan. A detailed dewatering
plan with method, rate, and erosion and sediment control considerations, such as energy
dissipation, shall be provided.
G. Geotextile or gravel bed and riprap shall be provided for energy dissipation at the existing
outlet of the pond on the east side of Hwy 101.
H. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All
exposed soil areas shall have temporary erosion protection or pennanent cover year round,
according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 t03:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed stonn water management pond side slopes, and any
exposed soil areas with a positive slope to a stonn water conveyance system, such as a curb and
gutter system, stonn sewer inlet, temporary or pennanent drainage ditch or other natural or man
made systems that discharge to a surface water.
1. A detail for the catch basin (CB) sediment control shall be provided for the CB between
Lots 2 and 3.
J. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
K. The applicant shall pay the total SWMP fee, due payable to the City at the time of final plat
recording, At this time, the estimated fee is $8,021.
L. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase IT Construction Permit), Minnesota Department of Natural Resources (for
dewatering» and comply with their conditions of approval.
M. Building Department conditions:
1. A final grading plan and soils report must be submitted to the Inspections
Division before building pennits will be issued.
2. Demolition pennits must be obtained prior to demolishing any structures on the
site.
SP-4
3. Existing wells on the site must be abandoned in accordance with State Law and
City Code.
N. Fire Marshal conditions:
1. No burning permits will be issued for trees to be removed. Trees and shrubs must
either be removed from site or chipped.
2. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transfonner boxes. This is to
ensure that fire hydrants can be quickly located and safely operated by firefighters.
Pursuant to Chanhassen City Ordinance #9-1.
3. Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and during the
time of construction except when approved alternate methods of protection are provided.
4. Temporary street signs shall be installed on each street intersection when
construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota
Fire Code Section 501.4.
O. Environmental Resources Coordinator Conditions:
1. Applicant shall revise landscape plan to show a minimum of 21 trees to be
planted.
2. A minimum of two 2 W' deciduous, overstory trees shall be required in the front
yard of each lot.
3. No more than one-third of the required trees may be from anyone species.
4. Tree preservation fence shall be installed at the edge of the grading limits around
all trees proposed to be preserved prior to any grading.
5. Any trees proposed for preservation that are lost due to grading and construction
activities will be replaced at a rate of 2: 1 diameter inches.
6. All 21 trees shall be planted within the proposed development.
7. A landscape buffer shall be planted along Hwy. 101 and include, at a minimum, 5
overstory trees, 7 understory trees and 12 shrubs. The landscape plan must show 4
additional shrubs to meet the minimum requirements of the landscape ordinance.
8. Trees #142-144 and six green ash not shown on the tree inventory, located along
the south property line near the existing shed, shall be preserved.
9. The applicant shall plant boulevard trees along Fox Hollow Drive and Fox Drive
to replace trees lost due to pond expansion. One tree shall be planted every 30 feet except
within the sight triangle. Species selected shall be approved by the city. A total of 4 trees
shall be planted on the city property along Fox Drive.
10. Developer will work with staff to evaluate the impact to the buffer trees to the
north of the cul-de-sac on Lot 4.
P. On the Utility plan:
1. Show all easements.
SP-5
2. Add a note "Any connection to existing structures must be core drilled.
Q. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with a detailed haul route and traffic control plan.
R. The sanitary sewer hook-up charge will only be applied to five of the six new lots. The
water hookup charge will still be applicable for each of the new lots. Since the developer will be
responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water
connection charges will be waived. The 2005 trunk hookup charge is $1,458 for sanitary sewer
and $2,955 for water-main. Sanitary sewer and water-main hookup fees may be specially
assessed against the parcel at the time of building pennit issuance. All of these charges are based
on the number of SAC units assigned by the Met Council and are due at the time of building
pennit issuance.
S. All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. The applicant is also required
to enter into a development contract with the City and supply the necessary financial security in
the fonn of a letter of credit or cash escrow to guarantee installation of the improvements and the
conditions of final plat approval. The applicant must be aware that all public utility
improvements will require a preconstruction meeting before building pennit issuance. Permits
from the appropriate regulatory agencies will be required, including the MPCA, MnDOT,
Watershed District and MDH.
T. The applicant must be aware that any grading on privately-owned property will require a
temporary easement.
U. The applicant will be required to clean the existing stonnwater pond after enlargements
have been completed.
V. Drainage and utility easements will need to be dedicated on the final plat over the public
stonn drainage system including ponds and drainage swales up to the 100-year flood level. The
minimum easement width shall be 20 feet wide.
W. A minimum 20-foot wide easement will be required over the watennain that is outside of
the right-of-way.
X. The developer shall pay full park dedication fees.
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP-6
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
FOX DEN DEV, LLC
BY:
Scott Rosenlund, President
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2005, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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 PUBUC
STATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2005, by Scott Rosenlund, President of FOX DEN DEV, LLC, a limited liability company, on
behalf of the company.
NOTARYPUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-7
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
The South 240.00 feet of the North 451.00 feet of the East 503.00 feet of the Southeast Quarter of
the Northeast Quarter of Section 1, Township 116, Range 23, Carver County, Minnesota.
SP-8
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-11 00
SP-9
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of
Irrevocable Letter of Credit in the amount of $
on the undersigned bank.
(Name of Developer) and in your favor, our
, available to you by your draft drawn on sight
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
, of (Name of Bank) "
, dated
2
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at
(Address of Bank)
, on or before 4:00 p.m. on November 30,
2
This Letter of Credit shall automatically renew for successive one-year tenns unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the tenns of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Unifonn Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No, 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
SP-lO
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 or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a 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. Park charges and
area charges for sewer and water referred to in this Contract are not being imposed on outlots, if
any, in the plat that are designated in an approved preliminary plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. 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.
5. 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 Council Environmental Services and other pertinent
GC-l
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perfonn site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the construction is being perfonned to an acceptable level of
quality in accordance with the engineer's design. 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.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perfonn all work and inspections deemed appropriate by the
City in conjunction with plat development.
S. Site Erosion Control. Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until vegetative cover has been restored,
even if construction has been completed and accepted. After the site has been stabilized to where,
in the opinion of the City, there is no longer a need for erosion control, the City will authorize the
removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion control measures.
Sa. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with
City Code § 20-94.
GC-2
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blow ables, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
10. 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 to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been perfonned, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to detennine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2112) inches caliper, either bare root in season, or balled and burlapped. The trees may not be
planted in the boulevard (area between curb and property line). In addition to any sod required as a
part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area
and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed
or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place
at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the fonn of
cash or letter of credit shall be provided to the City. These conditions must then be complied with
within two (2) months after the certificate of occupancy issued, except that if the certificate of
occupancy is issued between October 1 through May 1 these conditions must be complied with by
the following July 1st. Upon expiration of the time period, inspections will be conducted by City
staff to verify satisfactory completion of all conditions. City staff will conduct inspections of
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incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection.
After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the requirements. The City may also use the
escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 or to
satisfy any other requirements of this Contract or of City ordinances. These requirements
supplement, but do not replace, specific landscaping conditions that may have been required by the
City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty-five percent (25%) of the amount of the original cost of the
improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is eighteen (18) months
following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-tenn maintenance, Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year tenn at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. The public street lights shall be accepted for City
ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation.
Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street
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light installed in the plat. The fee shall be used by the City for furnishing electricity and
maintaining each public street light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
i)
if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
ii)
if the cost of the construction of public improvements is between
$500,000 and $1,000,000, three percent (3%) of construction costs
for the first $500,000 and two percent (2%) of construction costs
over $500,000;
iii)
if the cost of the construction of public improvements is over
$1,000,000, two and one-half percent (2Yz%) of construction costs
for the first $1,000,000 and one and one-half percent (lY2%) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of the construction. Payment shall be
due in accordance with Article 20E of this Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
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for all costs, damages, or expenses which the City may payor incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer mayor may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic fonnat.
22. Developer's Default. In the event of default by the Developer as to any of the work
to be perfonned by it hereunder, the City may, at its option, perfonn 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.
23. 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.
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C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the tenns of this Contract by the Developer
shall be grounds for denial of building permits, including lots sold to third parties. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watennain, and stonn sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property. After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
1. Insurance. Developer shall take out and maintain until six (6) months after the
City has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any
of them. Limits for bodily injury and death shall be not less than $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to gi ve the required notice.
J, Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
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hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assignabilitv. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work perfonned after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$
$
500.00
1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City. Waming signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the
street base or utilities because of snow plowing operations. The provision of City snow plowing
service does not constitute final acceptance of the streets by the City.
P. Stonn Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the stonn sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site stonn sewer system that receives stonn water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
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maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and stonn drainage improvements in the plat have been
accepted by the City. Twenty percent (20%) of the stonn sewer costs, shown under section 6 of the
special provisions of this contract, will be held by the City for the duration of the 2-year
maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a bllilding permit.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are bllildable without the need for variances from the City's ordinances.
S. Compliance with Laws. Ordinances. and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Anny Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
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issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following infonnation: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of ll"xl7" reduced
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
of the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif fonnat (the .dxf file must be tied to the current county
coordinate system), and (8) digital file of utility tie sheets in either .doc or .tif fonnat. The
Developer is required to submit the final plat in electronic fonnat.
Z. As-Built Lot Survevs. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor.
Rev. 3/31/04
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