D-3. Preserve at Bluff Creek 6th Addition. Aprove Revisions to Development Contract '; 7 1)-2
CITY OF MEMORANDUM
C""`""`""'""""' TO: Paul Oehme, Director of Public Works/City Engineer
7700 Market Boulevard
PO Box 147
FROM: Stephanie Smith, Project Engineer
Chanhassen,MN 55317
DATE. March 9, 2015
Administration
Phone 952 2271100 SUBJ: Preserve at Bluff Creek 6th Addition. Approve Revisions to
Fax 952 2271110 Development Contract
Building Inspections
Phone 952 2271180 PROPOSED MOTION
Fax 952 2271190
"The City Council approves the revised development contract for Preserve at
Engineering
2271 the following.
Bluff Creek 6th Addition conditioned
Phone 952 2271160upon
Fax 952 2271170 1 The applicant shall enter into the development contract and supply
the City with a cash escrow of$602,341.21 and pay a cash fee of
Finance $307,897 35
Phone 952 2271140
Fax 952 2271110 2 The applicant's engineer shall work with City staff in revising the
construction plans to meet City standards "
Park&Recreation
Phone 952 2271120
Fax 952 2271110 City Council approval requires a simple majority vote of the City Council
present
Recreation Center
2310 Coulter Boulevard The City Council approved the original development contract for The Preserve at
Phone 952 2271400
Fax 952 2271404 Bluff Creek 6th Addition on September 22, 2014. The attached revision of the
development contract incorporates changes to the cash surety, the cash fees and
Planning& conditions of approval.
Natural Resources
Phone 952 2271130
Fax 952 2271110 The developer has made some minor plan changes, including eliminating a watermam
that was constructed in a previous addition, that created a cost savings The attached
Public Works cost estimate was submitted to the City with a request to reduce the escrow and cash
7901 Park Place surety,both of which are based on the estimated cost of a development
Phone 952 2271300
Fax 952 2271310 A meeting was held between the developer and City staff to address the need for an
escrow to assure that six (6) inches of topsoil is placed on each lot prior placement of
Senior Center the sod. It was the developer's contention that as they did not control the
Phone 952 2271125 development at the time of mass grading, the surety funds for topsoil should be
Fax 952 2271110
adequate to assure that soils corrections can take place,but not necessarily for the
Website complete cost to import all 6 inches of topsoil It was agreed that the escrow amount
wwwci chanhassen mn us will be reduced to $500.00 per lot from the original $2,000.00 per lot
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
Mr Paul Oehme
Preserve at Bluff Creek 6th Addition
March 9, 2015
Page 2
The development contract has been revised using the updated cost estimate and topsoil escrow to
reduce the escrow and cash fees from the development contract approved on September 22, 2014.
The original $808,207 29 financial security is reduced to $602,341.21. This escrow is required to
guarantee compliance with the terms of the development contract relating to site grading, the
installation of public streets and utilities, one-year of public street light operating costs, engineering,
surveying, inspection, and landscaping
The original cash fee for this project of$312,454.01 is reduced to $307,897 35 City funds are not
needed as part of this pnvate development project
Attachments
1. Revised Development Contract
2 Development Contract Approved 9/22/14
3 Cost Estimate Revised 1/15/15
g\eng\projects\t-z\the preserve 6th\communication\council reports\140309_cc_approve revised dc docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
THE PRESERVE AT BLUFF CREEK 6TH ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
1 REQUEST FOR PLAT APPROVAL SP-1
2 CONDITIONS OF PLAT APPROVAL SP-1
3. DEVELOPMENT PLANS SP-1
4 IMPROVEMENTS SP-2
5. TIME OF PERFORMANCE SP-2
6 SECURITY SP-2
7 NOTICE SP-3
8. OTHER SPECIAL CONDITIONS SP-3
9 GENERAL CONDITIONS SP-5
GENERAL CONDITIONS
1. RIGHT TO PROCEED .GC-1
2 PHASED DEVELOPMENT GC-1
3 PRELIMINARY PLAT STATUS GC-1
4. CHANGES IN OFFICIAL CONTROLS GC-1
5 IMPROVEMENTS.. GC-1
6. IRON MONUMENTS GC-2
7 LICENSE GC-2
8 SITE EROSION AND SEDIMENT 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 GC-3
14. WARRANTY GC-4
15 LOT PLANS GC-4
16 EXISTING ASSESSMENTS GC-4
17. HOOK-UP CHARGES GC-4
18 PUBLIC STREET LIGHTING GC-4
19 SIGNAGE GC-5
20. HOUSE PADS GC-5
21 RESPONSIBILITY FOR COSTS GC-5
22. DEVELOPER'S DEFAULT GC-6
22 MISCELLANEOUS
A. Construction Trailers GC-6
B Postal Service ...GC-7
C Third Parties GC-7
D. Breach of Contract GC-7
E Severability GC-7
i
F Building Permits GC-7
G. Waivers/Amendments GC-7
H Release GC-7
I. Insurance GC-7
J Remedies GC-8
K Assignability GC-8
L. Construction Hours GC-8
M Noise Amplification GC-8
N. Access GC-8
O Street Maintenance GC-8
P Storm Sewer Maintenance GC-9
Q. Soil Treatment Systems GC-9
R Vanances GC-9
S. Compliance with Laws, Ordinances, and Regulations GC-9
T Proof of Title GC-9
U Soil Conditions GC-10
V. Soil Correction GC-10
W Haul Routes GC-10
X. Development Signs GC-10
Y Construction Plans GC-10
Z As-Built Lot Surveys ....GC-1 1
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
THE PRESERVE AT BLUFF CREEK 6TH ADDITION
SPECIAL PROVISIONS
AGREEMENT dated September 22, 2014 by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation (the "City"), and, CHANHASSEN RESIDENTIAL
DEVELOPMENT PARTNERS, LLC, a Minnesota limited liability company(the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
The Preserve at Bluff Creek 6th Addition (referred to in this Contract as the "plat"). The land is
legally described on the attached Exhibit "A"
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, 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 terms of this Contract, the written terms shall
control The plans are.
Plan A. Final plat approved September 9, 2014, prepared by Westwood Professional
Services.
Plan B. Grading, Drainage and Erosion Control Plan dated June 19, 2006 prepared by
Westwood Professional Services
Plan C Plans and Specifications for Improvements dated July 2014, prepared by Westwood
Professional Services
Plan D. Landscape Plan dated May 26, 2010,prepared by Westwood Professional Services.
SP-1
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 Lights
G Site Grading/Restoration
H. Underground Utilities (e g gas, electric,telephone, CATV)
I Setting of Lot and Block Monuments
J Surveying and Staking
K. Landscaping
L Erosion Control
5. Time of Performance. The Developer shall install all required improvements
except for the wear course on public streets by November 15, 2014 The Developer may, however,
request an extension of time from the City Engineer If an extension is granted, it shall be
conditioned upon updating the secunty posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments,payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow("security") for$602,341.21
The amount of the security was calculated below
Erosion Control $ 28,954 50
Sanitary Sewer $117,069 45
Watermam $ 79,061.00
Storm Sewer, Drainage System, including cleaning and maintenance $100,048 90
Streets $203,167.25
Sub-total, Construction Costs $528,300.20
Engineering, surveying, and inspection(7%of construction costs) $ 36,981 01
Topsoil (28 lots @ $500/lot) $ 14,000.00
Landscaping $ 18,160 00
Street lights and signs(2 lights @$2,200+2 signs @$250) $ 4,900 00
Sub-total,Other Costs $74,041.01
TOTAL COST OF PUBLIC IMPROVEMENTS $602,341.21
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 terms of this Contract If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
SP-2
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 ongmal amount until (1) all improvements
have been completed, (2) iron monuments for lot corners 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 secunty 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.
Todd Baumgartner
Chanhassen Residential Development Partners, LLC
do Wilkerson&Hegna, PLLP
One Corporate Center II, Suite 300
7300 Metro Boulevard
Edina,MN 55439
Phone. 952-897-1707
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address.
Chanhassen City Hall, 7700 Market Boulevard, P 0 Box 147, Chanhassen, Minnesota 55317,
Telephone(952)227-1100
SP-3
8. Other Special Conditions.
A. SECURITIES AND FEES
A $602,341.21 cash surety for the developer-installed improvements, the $307,897.35 cash fee
and the fully-executed development contract shall be submitted prior to scheduling a pre-
construction meeting.
Administration fee $ 17,046.82
Final Plat Process. including attorney fees,recording of documents $ 450 00
GIS fee $25 (plat)+(28 parcels @$10/parcel) $ 305 00
Arterial Collector Fee $ 11,856.00
Surface water management fee $ 43,839 53
Park Dedication Fee $ 162,400.00
Street Lighting Charge 2 lights @$300 00/light $ 600 00
Partial sewer hookup fee. 28 units @$664/unit $ 18,592 00
Partial water hookup fee. 28 units @$1,886/unit $ 52,808.00
Total Cash Fee $ 307,897.35
B. Planning Department Conditions of Approval
1. All homes shall comply with all standards of the PUD.
C. Building Inspections Conditions of Approval
1 Provide a 1.200"clean"plat drawing
2 Demolition permits required for the removal of any existing structures.
3 Submit proposed street name(s)to Building Official and Fire Marshal for approval.
4 Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official.
5 A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued
6. Each lot must be provided with separate sewer and water services.
7 The applicant and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
D. Fire Marshal Conditions of Approval
1 Proposed fire hydrant locations are acceptable A three-foot clear space must be
maintained around hydrants
SP-4
2. New street names are acceptable.
3. No burning permits will be issued for trees/brush removal They must be chipped or
hauled away
4 Prior to new home combustible construction, water mains and fire hydrants must be made
serviceable.
5 Prior to new home combustible construction, approved street signs shall be installed
6 Prior to new home combustible construction, fire apparatus access roads capable of
supporting the weight of fire apparatus shall be serviceable
E Environmental Resources Coordinator Conditions of Approval
1 The landscaping plan will follow the proposed plan dated May 26, 2010
2 The landscape security shall be calculated at a rate of 110 percent of the actual value of
the improvements Buffer plantings shall be installed along the property line in the rear
of Lots 1 through 8, Block 2.
3. Landscaping for all lots in the 6th addition shall comply with the landscape plans dated
May 26, 2010.
F Parks and Recreation Department Conditions of Approval
1. The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication. For 2014, the park dedication fee is $5,800 per dwelling Based on
approval of 28 lots within the 6th Addition, the total fee due and payable with the final plat is
$162,400
G. Engineering Department Conditions of Approval
1. Outlots containing public utilities—water main, sanitary sewer and storm sewer that
conveys runoff from a public street—must have blanket drainage and utility easements
over the outlot Private utilities (e g. storm sewer that only conveys runoff from a private
street) within outlots shall be owned and maintained by the Association.
2. The developer must install appropriate signage per the Minnesota Manual on Uniform
Traffic Control Devices at the north end of Degler Lane.
3 The developer must work with Carver County along with the city to obtain permission to
construct a temporary emergency access to Lyman Boulevard. The developer shall be
responsible for making certain the access is passable to emergency vehicles for two years
after the plat is recorded. Construction traffic shall also use this access.
SP-5
4 Fences, extensive landscaping and retaining walls cannot be installed within the drainage
and utility easement over the trunk sanitary sewer and watermain
5 The developer must work with staff to ensure that the construction plans comply with the
City's standard specifications and that all appropriate detail plates are included in the
plan set
6 Curbs on the public streets will be high-back, curbs on the private streets will be
surmountable
7 The Degler Lane grades at Station 1+00 must be adjusted to meet the 7%maximum
allowable slope
8. Sidewalks adjacent to the private streets and within the privately owned outlots shall be
owned and maintained by the Homeowners Association and can be used by the public
9. The developer's engineer shall incorporate the work from the Lyman Boulevard
construction plan into the Preserve at Bluff Creek 6th watermain design
10 The City no longer requires the 18-inch watermam connection south of Lyman Boulevard
and it may be removed from the plans
11 The artenal collector fee is $2,400/acre The platted land will be 4 94 acres, for a total
fee of$11,856 00
12. The developer must pay $15,936 00 for the partial payment of the SAC fees and
$45,264 00 for the partial payment of the WAC fees with the final plat The remaining
SAC and WAC fees shall be collected with the building permit, based on the rates in
effect at the time of building permit application The party applying for the building
permit is responsible for payment of that remainder
13 A wetland buffer with a minimum width of 16.5 feet shall be established and maintained
around all wetlands. A planting schedule shall be developed and submitted indicating
how the buffer will be established such that it is consistent with City Code. The applicant
shall install wetland buffer signs, under the direction of City staff, prior to the issuance of
any building permits
14. Erosion control blanket shall be installed on all slopes 3.1 or steeper within 14 days
unless it has positive drainage towards Bluff Creek. These areas shall be stabilized
within 7 days. Blanket within the buffers and bluff creek overlay shall be all natural
webbing.
15. All swales shall be stabilized within 24 hours
16 The city shall be contacted at least 24 hours in advance of any dewatenng activities
SP-6
17. Street cleaning of soils tracked onto streets shall include daily street scraping and
sweeping as needed and shall be the responsibility of the developer until final build-out
of the development or until the city agrees, in writing, to release the developer from their
obligation, whichever occurs first
18. Inlet protection shall be provided on all catch basins and catch basin manholes
downstream and tnbutary of any disturbed area.
19 The developer shall demonstrate to the satisfaction of the City that adequate topsoil,
meeting the specification of 3877.2 Type Loam Topsoil Borrow, is on site to place six (6)
inches of topsoil on all lots This volume shall be measured as the total lot area in square
feet, including boulevards, less the volume required to cover the 25% allowed hardcover
Gradations and volume calculations must be provided to the city
20. The developer shall alert the builder and homeowner that they are responsible for the
placement of topsoil material pnor to installation of sod or seed No landscaping or
erosion control escrow shall be released until this is complete and a certificate of
occupancy may be denied until such a time as it is complete
21. The applicant shall provide a list of all anticipated erosion prevention and sediment
control practices shall be listed in the SWPPP with estimated quantities. This shall
include the volume of topsoil necessary to comply with condition 19 These quantities
shall be used to determine the erosion control escrow
22. The Surface Water Management connection charge due at final plat is equal to
$43,839 53
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein
SP-7
CITY OF CHANHASSEN
BY
Thomas A. Furlong, Mayor
(SEAL)
AND.
Todd Gerhardt, City Manager
Chanhassen Residential Development Partners, LLC
BY
Todd Baumgartner, Its Chief Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2014, 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
authonty granted by its City Council
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2014, by Todd Baumgartner, Chief Manager of Chanhassen Residential Development Partners,
LLC, a Minnesota limited liability company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY
City of Chanhassen
7700 Market Boulevard
P O Box 147
Chanhassen, MN 55317
(952)227-1100
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY.
Outlot A,The Preserve at Bluff Creek 5th Addition, according to the recorded plat thereof,
Carver County, Minnesota
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 PUBLIC
DRAFTED BY.
City of Chanhassen
7700 Market Boulevard
P 0 Box 147
Chanhassen, MN 55317
(952)227-1100
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be
bound by the provisions as the same may apply to that portion of the subject property owned by
them
Dated this day of , 20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 ,by
NOTARY PUBLIC
DRAFTED BY.
City of Chanhassen
7700 Market Boulevard
P 0 Box 147
Chanhassen, MN 55317
(952) 227-1100
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 multiphased 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 mto 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 m 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 agencies before
GC-1
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 perform 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 performed 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 mstalled.
7. 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.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building permits are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment 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 and sediment
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 controllmg erosion and sediment transport If the
Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport 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
and sediment control requirements Erosion and sediment 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 and
sediment control, the City will authorize the removal of the erosion and sediment control, i e hay
bales and silt fence The Developer shall remove and dispose of the erosion and sediment control
measures.
8a. 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 § 7-22.
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 blowables, 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, matenalmen, or
others that work required by this Contract has been performed, the sums due them have not been
paid, and the laborers, matenalmen, 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
Distnct Court, except that the Court shall retain junsdiction to determine attorneys'fees.
12. Park Dedication. The Developer shall pay full park dedication fees m 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. Unless
otherwise approved by the City, trees not listed m the City's approved tree list are prohibited The
mimmum tree size shall be two and one-half (2%2) 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 and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each
lot utilizing a mimmum of six (6)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 form 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
GC-3
completion of all conditions. City staff will conduct inspections of 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 7-22 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 penod for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, matenals 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 one full growing
season 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. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term 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.
GC-4
Before the City signs the final plat, the Developer shall pay the City a fee of$300.00 for each street
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,
in) if the cost of the construction of public improvements is over$1,000,000,two
and one-half percent (2Y2%) of construction costs for the first $1,000,000 and
one and one-half percent(11/2%)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 and erosion and sediment control
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 21E 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
GC-5
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys'fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full Bills not paid within thirty(30)days shall accrue interest at the rate of 8%per year
F In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
permit fees
G Pnvate Utilities The Developer shall have installed and pay for the installation
of electncal, 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 format Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system
22. 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
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
GC-6
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 terms 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, watermam, and storm 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
I. 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 give the required notice.
GC-7
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
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 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.
L. Construction Hours Construction hours, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur 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 on legal holidays Contractors must require their subcontractors, agents
and supplies to comply with these requirements and the Contractor is responsible for their failure to
do so.Under emergency conditions,this limitation may be waived by the written consent of the City
Engineer If construction occurs outside of the permitted construction hours, the Contractor shall
pay the following administrative penalties.
First violation $ 500.00
Second violation $ 1,000 00
Third&subsequent violations 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 pnor 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
0. Street Maintenance The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City Wanung signs shall be placed by
the Developer when hazards develop m 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 wntmg, 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
GC-8
P Storm Sewer Maintenance The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City Twenty percent (20%) of the storm 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 building permit
R. Variances By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for vanances 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 Army 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
GC-9
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 issues a
building permit for the lot On lots with fill matenal 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 The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose All haul routes must be
approved by the City Engineer
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 information. 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 11"x17" reduced
construction plan sets and three sets of specifications Within four months 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 followmg. (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 dramtile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both dxf & tif format (the dxf file must be tied to the current county
coordinate system), (8) digital file of utility tie sheets m either .doc or tif format, and (9) a
breakdown of lineal footage of all utilities installed, including the per lineal foot bid price The
Developer is required to submit the final plat in electronic format.
Z As-Built Lot Surveys 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 Sod and the bituminous driveways must be mstalled before
the as-built survey is completed If the weather conditions at the time of the as-built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as-built escrow withheld until all work is complete
Rev 3/31/06
GC-10
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
THE PRESERVE AT BLUFF CREEK 6TH ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
1 REQUEST FOR PLAT APPROVAL SP-1
2. CONDITIONS OF PLAT APPROVAL SP-1
3 DEVELOPMENT PLANS SP-1
4. IMPROVEMENTS SP-2
5 TIME OF PERFORMANCE SP-2
6 SECURITY SP-2
7. NOTICE SP-3
8 OTHER SPECIAL CONDITIONS SP-3
9. GENERAL CONDITIONS SP-5
GENERAL CONDITIONS
1 RIGHT TO PROCEED GC-1
2. PHASED DEVELOPMENT GC-1
3. PRELIMINARY PLAT STATUS GC-1
4 CHANGES IN OFFICIAL CONTROLS GC-1
5. IMPROVEMENTS GC-1
6 IRON MONUMENTS GC-2
7 LICENSE GC-2
8. SITE EROSION AND SEDIMENT 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 GC-3
14. WARRANTY GC-4
15 LOT PLANS GC-4
16. EXISTING ASSESSMENTS GC-4
17 HOOK-UP CHARGES GC-4
18 PUBLIC STREET LIGHTING GC-4
19. SIGNAGE GC-5
20 HOUSE PADS GC-5
21 RESPONSIBILITY FOR COSTS GC-5
22. DEVELOPER'S DEFAULT GC-6
22 MISCELLANEOUS
A. Construction Trailers GC-6
B Postal Service GC-7
C Third Parties . ....GC-7
D. Breach of Contract GC-7
E Severability. GC-7
i
F Building Permits GC-7
G Waivers/Amendments . ... ..GC-7
H. Release . . GC-7
I Insurance ... . GC-7
J. Remedies GC-8
K Assignability GC-8
L Construction Hours... . .GC-8
M. Noise Amplification GC-8
N Access GC-8
O. Street Maintenance GC-8
P Storm Sewer Maintenance GC-9
Q Soil Treatment Systems . GC-9
R. Vanances GC-9
S Compliance with Laws, Ordinances, and Regulations GC-9
T. Proof of Title GC-9
U Soil Conditions GC-10
✓ Soil Correction GC-10
W. Haul Routes GC-10
X Development Signs GC-10
Y Construction Plans GC-10
Z. As-Built Lot Surveys GC-11
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
THE PRESERVE AT BLUFF CREEK 6TH ADDITION
SPECIAL PROVISIONS
AGREEMENT dated September 22, 2014 by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation (the "City"), and, CHANHASSEN RESIDENTIAL
DEVELOPMENT PARTNERS, LLC, a Minnesota limited liability company(the "Developer")
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
The Preserve at Bluff Creek 6th Addition (referred to in this Contract as the "plat") The land is
legally descnbed 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 wntten terms of this Contract, the wntten terms shall
control. The plans are.
Plan A• Final plat approved September 9, 2014, prepared by Westwood Professional
Services.
Plan B• Grading, Drainage and Erosion Control Plan dated June 19, 2006 prepared by
Westwood Professional Services
Plan C. Plans and Specifications for Improvements dated July 2014, prepared by Westwood
Professional Services
Plan D. Landscape Plan dated May 26, 2010,prepared by Westwood Professional Services
SP-1
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 Lights
G. Site Grading/Restoration
H Underground Utilities (e.g. gas, electric,telephone, CATV)
I Setting of Lot and Block Monuments
J. Surveying and Staking
K Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements
except for the wear course on public streets by November 15, 2014. The Developer may, however,
request an extension of time from the City Engineer. 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 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 cash escrow("security") for$734,733.90.
The amount of the security was calculated below.
Erosion Control $ 27,134.75
Sanitary Sewer $197,366 00
Watermain $ 97,773 00
Storm Sewer, Drainage System, including cleaning and maintenance $101,492.90
Streets $192,027 65
Sub-total, Construction Costs $615,794.30
Engineering, surveying, and inspection(7% of construction costs) $ 43,105.60
Topsoil (2,788 CY of yard space with 6"topsoil @$20/CY) $ 55,760 00
Landscaping $ 15,174.00
Street lights and signs (2 lights @$2,200+2 signs @ $250) $ 4,900.00
Sub-total,Other Costs $ 63,179.60
TOTAL COST OF PUBLIC IMPROVEMENTS $734,733.90
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 terms of this Contract If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
SP-2
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 corners 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
Todd Baumgartner
Chanhassen Residential Development Partners, LLC
c/o Wilkerson&Hegna,PLLP
One Corporate Center II, Suite 300
7300 Metro Boulevard
Edina,MN 55439
Phone 952-897-1707
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address.
Chanhassen City Hall, 7700 Market Boulevard, P 0 Box 147, Chanhassen, Minnesota 55317,
Telephone(952)227-1100
SP-3
8. Other Special Conditions.
A SECURITIES AND FEES
A $734,733.90 cash surety for the developer-installed improvements, the $309,430.01 cash
administration fee and the fully-executed development contract shall be submitted pnor to
scheduling a pre-construction meeting
Administration fee $ 18,579 48
Final Plat Process• including attorney fees,recording of documents $ 450 00
GIS fee. $25 (plat) +(28 parcels @$10/parcel) $ 305.00
Artenal Collector Fee $ 11,856 00
Surface water management fee $ 43,839.53
Park Dedication Fee $ 162,400 00
Street Lighting Charge. 2 lights @$300.00/light $ 600 00
Partial sewer hookup fee. 28 units @$664/unit $ 18,592.00
Partial water hookup fee 28 units @$1,886/unit $ 52,808 00
Total Cash Fee $ 309,430.01
B Planning Department Conditions of Approval
1 All homes shall comply with all standards of the PUD
C. Building Inspections Conditions of Approval
1. Provide a 1.200"clean"plat drawing
2. Demolition permits required for the removal of any existing structures.
3 Submit proposed street name(s)to Building Official and Fire Marshal for approval.
4 Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official
5 A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued
6. Each lot must be provided with separate sewer and water services.
7. The applicant and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
D. Fire Marshal Conditions of Approval
1 Proposed fire hydrant locations are acceptable A three-foot clear space must be
maintained around hydrants
SP-4
2 New street names are acceptable.
3. No burning permits will be issued for trees/brush removal. They must be chipped or
hauled away.
4 Prior to new home combustible construction, water mains and fire hydrants must be made
serviceable.
5 Pnor to new home combustible construction, approved street signs shall be installed.
6 Pnor to new home combustible construction, fire apparatus access roads capable of
supporting the weight of fire apparatus shall be serviceable.
E Environmental Resources Coordinator Conditions of Approval
1 The landscaping plan will follow the proposed plan dated May 26, 2010
2 The landscape security shall be calculated at a rate of 110 percent of the actual value of
the improvements Buffer plantings shall be installed along the property line in the rear
of Lots 1 through 8, Block 2.
3 Landscaping for all lots in the 6th addition shall comply with the landscape plans dated
May 26, 2010.
F Parks and Recreation Department Conditions of Approval
1. The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication. For 2014, the park dedication fee is $5,800 per dwelling Based on
approval of 28 lots within the 6th Addition, the total fee due and payable with the final plat is
$162,400
G. Engineering Department Conditions of Approval
1. Outlots containing public utilities—water main, sanitary sewer and storm sewer that
conveys runoff from a public street—must have blanket drainage and utility easements
over the outlot. Private utilities (e g storm sewer that only conveys runoff from a pnvate
street) within outlots shall be owned and maintained by the Association.
2. The developer must install appropriate signage per the Minnesota Manual on Uniform
Traffic Control Devices at the north end of Degler Lane
3. The developer must work with Carver County along with the city to obtain permission to
construct a temporary emergency access to Lyman Boulevard The developer shall be
responsible for making certain the access is passable to emergency vehicles for two years
after the plat is recorded Construction traffic shall also use this access.
SP-5
4 Fences, extensive landscaping and retaining walls cannot be installed within the drainage
and utility easement over the trunk sanitary sewer and watermain.
5. The developer must work with staff to ensure that the construction plans comply with the
City's standard specifications and that all appropriate detail plates are included in the
plan set.
6 Curbs on the public streets will be high-back; curbs on the pnvate streets will be
surmountable
7. The Degler Lane grades at Station 1+00 must be adjusted to meet the 7%maximum
allowable slope
8 Sidewalks adjacent to the pnvate streets and within the privately owned outlots shall be
owned and maintained by the Homeowners Association and can be used by the public.
9 The developer's engineer shall incorporate the work from the Lyman Boulevard
construction plan into the Preserve at Bluff Creek 6th watermain design.
10 The City no longer requires the 18-inch watermam connection south of Lyman Boulevard
and it may be removed from the plans.
11. The arterial collector fee is $2,400/acre The platted land will be 4.94 acres, for a total
fee of$11,856 00
12. The developer must pay $15,936 00 for the partial payment of the SAC fees and
$45,264 00 for the partial payment of the WAC fees with the final plat The remaining
SAC and WAC fees shall be collected with the building permit, based on the rates in
effect at the time of building permit application. The party applying for the building
permit is responsible for payment of that remainder
13 A wetland buffer with a minimum width of 16 5 feet shall be established and maintained
around all wetlands A planting schedule shall be developed and submitted indicating
how the buffer will be established such that it is consistent with City Code The applicant
shall install wetland buffer signs, under the direction of City staff, pnor to the issuance of
any building permits
14. Erosion control blanket shall be installed on all slopes 3.1 or steeper within 14 days
unless it has positive drainage towards Bluff Creek. These areas shall be stabilized
within 7 days. Blanket within the buffers and bluff creek overlay shall be all natural
webbing
15. All swales shall be stabilized within 24 hours
16. The city shall be contacted at least 24 hours in advance of any dewatenng activities.
SP-6
17. Street cleaning of soils tracked onto streets shall include daily street scraping and
sweeping as needed and shall be the responsibility of the developer until final build-out
of the development or until the city agrees, in writing, to release the developer from their
obligation; whichever occurs first.
18 Inlet protection shall be provided on all catch basins and catch basin manholes
downstream and tributary of any disturbed area
19 All lots shall have no less than six (6) inches of topsoil placed prior to installation of sod
or seed. No landscaping or erosion control escrow shall be released until this is
complete
20. All lot areas disturbed through the project shall have no less than six (6") inches of top
soil as defined by 3877.2 of Minnesota Standards and Specifications for Construction
2014 Addition This may not be common topsoil borrow. The amount of topsoil may be
reduced to four(4") inches if Boulevard Topsoil Borrow or Organic Topsoil Borrow is
used per same publication Gradations must be provided to city Topsoil must be placed
prior to placing sod or seeding of areas No portion of the erosion control or landscape
escrow may be released until this is completed
21 The applicant shall provide a list of all anticipated erosion prevention and sediment
control practices shall be listed in the SWPPP with estimated quantities This shall
include the volume of topsoil necessary to comply with condition 19. These quantities
shall be used to determine the erosion control escrow
22 The Surface Water Management connection charge due at final plat is equal to
$43,839.53.
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
BY
Thomas A Furlong, Mayor
(SEAL)
AND
Todd Gerhardt, City Manager
Chanhassen Residential Development Partners, LLC
BY.
Todd Baumgartner, Its Chief Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2014, 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 PUBLIC
STATE OF MINNESOTA )
(ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2014, by Todd Baumgartner, Chief Manager of Chanhassen Residential Development Partners,
LLC, a Minnesota limited liability company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY.
City of Chanhassen
7700 Market Boulevard
P O Box 147
Chanhassen, MN 55317
(952)227-1100
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY.
Outlot A,The Preserve at Bluff Creek 5th Addition, according to the recorded plat thereof,
Carver County, Minnesota
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 PUBLIC
DRAFTED BY.
City of Chanhassen
7700 Market Boulevard
P 0 Box 147
Chanhassen, MN 55317
(952) 227-1100
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be
bound by the provisions as the same may apply to that portion of the subject property owned by
them
Dated this day of , 20_
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 ,by .
NOTARY PUBLIC
DRAFTED BY.
City of Chanhassen
7700 Market Boulevard
P 0 Box 147
Chanhassen,MN 55317
(952)227-1100
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 pnvate 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 secunty 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 multiphased 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 m 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 agencies before
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I
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 perform site inspections on a daily basis.
Inspector qualifications shall be submitted in wnting 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 performed 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 Mimi Stat § 505 02, Subd
1 The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been mstalled.
7. 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
8. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building permits are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City The City may
impose additional erosion and sediment control requirements if they would be beneficial All areas
disturbed by the excavation and backfillmg operations shall be reseeded forthwith after the
completion of the work m that area. Except as otherwise provided in the erosion and sediment
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 and sediment transport If the
Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport 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 m full compliance with the erosion
and sediment control requirements. Erosion and sediment 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 and
sediment control, the City will authonze the removal of the erosion and sediment control, i e hay
bales and silt fence The Developer shall remove and dispose of the erosion and sediment control
measures
8a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwellmg 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 § 7-22
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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 blowables, 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 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 proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine 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 m accordance with Plan D Unless
otherwise approved by the City, trees not listed m the City's approved tree list are prohibited The
minimum tree size shall be two and one-half (21/2) 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 and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all dramage ways on each
lot utilizing a mimmum of six (6)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 form 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
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completion of all conditions City staff will conduct inspections of 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 7-22 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 ongmal 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 one full growing
season 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. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term 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.
GC-4
Before the City signs the final plat, the Developer shall pay the City a fee of$300.00 for each street
light installed in the plat. The fee shall be used by the City for furnishing electricity and
maintaimng 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;
in) if the cost of the construction of public improvements is over$1,000,000, two
and one-half percent (21/2%) of construction costs for the first $1,000,000 and
one and one-half percent(11/2%) 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 and erosion and sediment control
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 21E 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 pay or incur in consequence of such claims,
including attorneys'fees.
D In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract,including engineering and attorneys'fees
E The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid m 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. Pnvate Utilities The Developer shall have installed and pay for the installation
of electncal, 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 format Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system
22. 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 m 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
GC-6
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 terms of this Contract by the Developer shall
be grounds for denial of building permits, mcludmg lots sold to third parties The City may also
issue a stop work order haltmg 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, watermam, and storm 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
I 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 anse 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 give the required notice
GC-7
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
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 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
L. Construction Hours Construction hours, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur 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 on legal holidays Contractors must require their subcontractors, agents
and supplies to comply with these requirements and the Contractor is responsible for their failure to
do so Under emergency conditions,this limitation may be waived by the written consent of the City
Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall
pay the following administrative penalties.
First violation $ 500.00
Second violation $ 1,000 00
Third&subsequent violations 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, buildmgs, and the
improvements required under this contract The admimstrative penalty for violation of construction
hours shall also apply to violation of the provisions m 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
0 Street Maintenance. The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City Warning signs shall be placed by
the Developer when hazards develop m 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 bamcaded and closed The Developer shall maintain a smooth roadway surface and
provide proper surface drainage The Developer may request, in wntmg, 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
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P Storm Sewer Maintenance The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (mcluding ponds, pipes, catch basms, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2)years after the public street and storm drainage improvements in the plat have been accepted
by the City Twenty percent (20%) of the storm 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 m
order to obtain a building permit
R. Vanances By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
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 Army 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
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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 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. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
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 information• 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 11"x17" reduced
construction plan sets and three sets of specifications. Within four months 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 followmg. (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 format (the dxf file must be tied to the current county
coordinate system), (8) digital file of utility tie sheets m either doc or tif format, and (9) a
breakdown of lineal footage of all utilities installed, including the per lineal foot bid price The
Developer is required to submit the final plat in electronic format.
Z. As-Built Lot Surveys. 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 Sod and the bitummous driveways must be installed before
the as-built survey is completed If the weather conditions at the time of the as-built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as-built escrow withheld until all work is complete
Rev 3/31/06
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Preserve at Bluff Creek 6th Addition
Cost Opinion:7/30/14
REVISED 1-15-15
Estimated Unit Total
Description Unit Quantity Price Price
Construction Cost Estimate for Street and Utilities-The Preserve at Bluff Creek 6th
Note Site Grading was completed with previous phases
1/15/2015
EROSION CONTROL
Rock Construction Entrance EACH 1 $850 00 $850 00
Silt Fence(type regular)-Allowance L.F 650 $2 00 $1,300 00
Native Prairie Seeding ACRE 2 $1,750 00 $3,500 00
Seeding&Mulching MNDOT 250(P) ACRE 3 $1,500 00 $3,750 00
Temporary Seeding&Mulching MNDOT 150 ACRE 5 $850 00 $3,825 00
Erosion Control Blankets MnDOT 3885,Category 3,Type 2S for use on off street utilities S Y 6,000 $1 30 $7,800 00
Storm Inlet Protection in Turf Areas(silt fence,hay bales or InfraSafe®Sediment Control
Bamers as per detail) EACH 4 125 00 $500 00
Storm Inlet Protection in Curbs/Pavement(Complete,per detail WIMCO or approved
equal) EACH 12 175 00 $2,100 00 I
Boulevard restoration(2 rolls of sod back of curb) L.F 2,152 2 25 $4,842 00
Remove/Dispose of Silt Fence(all types) L.F 650 $0 75 $487 50
Subtotal Erosion Control $28,954 50
SANITARY SEWER
Connect to Existing Sanitary Sewer Main,Connect to existing system EACH 1 2000 00 $2,000 00
8"PVC SDR 35 Sanitary Sewer(8'-12'Depth) L.F 225 24 00 $5,400 00
8"PVC SDR 35 Sanitary Sewer(12'-16'Depth) L.F 1446 25 00 $36,150 00
8"PVC SDR 26 Sanitary Sewer(8'-12'Depth) L.F 0 35 00 $0 00
8"PVC SDR 26 Sanitary Sewer(12'-16'Depth) L.F 183 38 00 $6,954 00
8"PVC SDR 26 Sanitary Sewer(16'-20'Depth) L.F 63 40 00 $2,520 00
8"PVC SDR 26 Sanitary Sewer(20'-24'Depth) L.F 0 65 00 $0 00
8"PVC SDR 26 Sanitary Sewer(24'-28'Depth) L.F 0 80 00 $0 00
8"C-900(DRI8)Sanitary Sewer(8'-12'Depth) L.F 0 35 00 $0 00
8"C-900(DRI8)Sanitary Sewer(12'-16'Depth) L.F 0 38 00 $0 00
8"C-900(DRI8)Sanitary Sewer(16'-20'Depth) L.F 0 40 00 $0 00
8"C900(DRI8)Sanitary Sewer(20'-24'Depth) L.F 0 65 00 $0 00
8"C-900(DRI8)Sanitary Sewer(24'-28'Depth) L.F 0 95 00 $0 00
8"C-900(DRI8)Sanitary Sewer(28'-32'Depth) L.F 0 135 00 $0 00
8"DIP CL 52 Sanitary Sewer(12' 16'Depth) L.F 20 60 00 $1,200 00
Standard 48"Diameter Manhole(0-8'Depth) EACH 10 2300 00 $23,000 00
Outside Drop Section for Manholes(0 2') EACH 1 1450 00 $1,450 00
Extra Drop Section(Over 2') V F 5 125 00 $625 00
Extra Depth 48"Diameter Manhole V F 38 110 00 $4,180 00
6"x 8"PVC SDR 26 Wye EACH 27 100 00 $2,700 00
6"PVC SDR 26 Riser Pipe V F 0 16 00 $0 00
6"PVC SDR 26 Sanitary Sewer Service Pipe L.F 966 18 00 $17,388 00
6"PVC SDR 26 Bend EACH 35 32 00 $1,120 00
6"PVC SDR 26 Plug EACH 27 13 00 $351 00
Trench Stabilization Matenal/Aggregate(500#/L.F) TON 509 18 50 $9,416 50
Televise Sanitary Sewer L.F 1937 1 35 $2,614 95
Subtotal Sanitary Sewer $117,069.45
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Preserve at Bluff Creek 6th Addition
Cost Opinion.7/30/14
REVISED 1-15-15
Estimated Unit Total
Description Unit Quantity Price Price
WATER MAIN
Remove Plug and Connect to Existing Water Main at tee EACH 2 500 00 $1,000 00
Remove and Dispose of Ex Hydrant and Connect to Existing Water Main LS 1 2500 00 $2,500 00
6"DIP Class 52 Water Main(All Depths)me poly wrap L.F 50 30 00 $1,500 00
8"DIP Class 52 Water Main(All Depths)me poly wrap L.F 0 36 00 $0 00
8"C-900 PVC Water Main(All Depths) L.F 1137 $18 00 $20,466 00
Hydrant with Auxiliary Valve EACH 4 4700 00 $18,800 00
8"Gate Valve&Box EACH 3 1900 00 $5,700 00
Fittings(Ductile Iron)(AWWA C-153) LB 1013 5 00 $5,065 00
1"Corporation Stop with Saddle EACH 27 155 00 $4,185 00
1"Copper Water Service L.F 945 16 00 $15,120 00
1"Curb Stop with Box EACH 27 175 00 $4,725 00
Subtotal Water Main $79,061.00
STORM SEWER
15"RC Pipe,Class V(all depths) L.F 1514 26 00 $39,364 00
27"RC Pipe,Class III(all depths) L.F 198 46 00 $9,108 00
2'x 3'Catch Basin EACH 3 1400 00 $4,200 00
27"Shallow Depth CB EACH 3 1250 00 $3,750 00
48"Diameter CBMH/STMH(0-8'Depth) EACH 13 2300 00 $29,900 00
4"PVC Drain tile including rock and fabnc L.F 1140 9 50 $10,830 00
Clean outs for Drain tile(inc Wyes/Bends EACH 8 75 00 $600 00
27"RC Flared End Section w/Trash guard EACH I 1250 00 $1,250 00
Class 3 Rip Rap(Type Limestone) C Y 8 7 100 00 $870 00
Granular Filter C Y 4 4 40 00 $176 00
Subtotal Storm Sewer $100,048 00
STREETS-
Subgrade Preparation(2 0'BOC)(P) S Y 4380 0 85 $3,723 00
24"Select Granular Borrow-Modified(P)(2 0'BOC) S Y 4380 10 00 $43,800 00
12"Thick,MnDOT 2211,Class 5 Agg Base,100%Crushed Stone or Class 7(C)Recycled
Concrete (1 0'BOC) (P) S Y 4131 5 00 $20,655 00
Utility Conduit Crossings(pipe supplied by others) EACH 4 400 00 $1,600 00
All Style Concrete Curb&Gutter L.F 2152 12 50 $26,900 00
2"Bit Base Course MnDOT 2360 SPNWB330B(P) S Y 3312 9 50 $31,464.00
Adjust Manhole Castings EACH 9 450 00 $4,050 00
Adjust Gate Valve Castings EACH 4 350 00 $1,400 00
Street Cleaning For Wear Course Installation L.S 1 1200 $1,200 00
MnDOT 2357 Tack Coat GAL 225 4 25 $956 25
1-1/2"Bit Wear Course MnDOT 2360 SPWEB340B,(yr 2016)(P) S Y 3312 8 00 $26,496 00
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Preserve at Bluff Creek 6th Addition
• Cost Opinion 7/30/14
REVISED 1-15-15
Estimated Unit Total
Description Unit Quantity Price Price
5'Wide x 6"Cone 3Y32A,Conc sidewalk inc 4"Cl 5,Agg Base L.F 1388 27 25 $37,823 00
Pedestrian Ramp(with Truncated Dome) EACH 4 650 00 $2,600 00
Traffic Control L S 1 500 00 $500 00
Subtotal Streets $203,167 25
Street Lights EA 2 2200 00 $4,400 00
Landscaping
Deciduous Trees 2 1/2"dia EA 52 325 00 $16,900 00
Shrubs EA 42 30 00 $1,260 00
Subtotal Landscaping $18,160 00
SUMMARY
Subtotal Erosion Control $28,954.50
Subtotal Sanitary Sewer $117,069 45
Subtotal Water Main $79,061 00
Subtotal Storm Sewer $100,048 00
Subtotal Streets $203,167 25
Street Lights $4,400 00
Landscaping $18,160.00
TOTAL $550,860 20
Opinions of Probable Construction Cost
CONSULTANT's opinions of probable Construction Cost provided for herein are to be made on the basis of CONSULTANT's experience and
qualifications and represent CONSULTANT's best judgement as an experienced and qualified professional generally familiar with the industry
However,since CONSULTANT has no control over the cost of labor,materials,equipment or services furnished by others,or over the
Contractor's methods of determining prices,or over competitive bidding or market conditions,CONSULTANT cannot and does not guarantee that
proposals bids,or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by CONSULTANT If OWNER
wishes greater assurance as to probable Construction Costs,OWNER shall employ an independent cost estimator
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