1c2 Lake Harrison/Plans & Specs
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227.1100
Fax 952.227.1110
Building Inspections
Phone 952.227.1180
Fax 952.227.1190
Engineering
Phone 952.227.1160
Fax 952.227.1170
Finance
Phone 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax 952.227.1110
Public Works
1591 Park Road
Phone 952.227.1300
Fax 952.227.1310
Senior Center
Phone 952.227.1125
Fax 952.227.1110
Web Site
www.ci.chanhassen.mn.us
1e-~
~.
MEMORANDUM
TO:
Paul Oehme, Director of Public Works/City Engineer
Mak Sweidan, Engineer cf ;,.~'
July 5, 2005
FROM:
DATE:
SUBJ:
Approve Development Contract and Construction Plans and
Specifications for Lake Harrison
Project No. 05-13 (Simple Majority Vote Required)
The attached development contract incorporates the conditions of approval from the final
platting and construction plans and specifications review process. Staff has calculated
the required financial security to guarantee compliance with the terms of the
development contract at $2,186,030.00 and the administration fees total of $313,910.00
which includes all of the required SWMP and Park fees. No City funds are needed as
part of this private development project.
The applicant has also submitted detailed construction plans and specifications for staff
review and City Council approval. Staff has reviewed the plans and specifications and
finds the plans still need some minor modifications. Staff requests that the City Council
grant staff the flexibility to administratively approve the plans after working with the
applicant's engineer to modify the plans accordingly. It is therefore recommended that the
construction plans and specifications for Lake Harrison dated June 20,2005, prepared by
Westwood Professional Services, Inc. and the development contract dated July 11,2005
be approved conditioned upon the following:
1. The applicant shall enter into the development contract and supply the City with a
cash escrow or letter of credit in the amount of $2,186,030.00 and pay an
administration fee of $313,910.00.
2. The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
3. Direct the city attorney to draft a purchase agreement for Lot 1, Block 4 ($740,000) and
Outlot B ($560,000) for the development of future water treatment plant and park land.
Attachments: 1.
2.
Development Contract dated July 11,2005.
Construction plans and specifications are available for review in
the Engineering Department.
Breakdown of administration fees dated July 11,2005.
3.
c: Daniel J. Herbst, Pemtom Land Company
g:\eng\projects\Lake Harrison\approve dC.doc
The City of Chanhassen . A growing community with clean lakes, quality schools. a charming downtown. thriving businesses. winding trails. and beautllul parks A great place 10 live. work. and play.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
LAKE HARRISON
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROV AL............................................................................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. OTIIER SPECIAL CONDITIONS... ....... ..... ..... .............. ................................... ..... ...... SP-3
9. GENERAL CONDITIONS........ ......... ......... .............. ........... ......... .... .......................... SP-1 0
GENERAL CONDITIONS
1. RIGHT TO PROCEED ........... .......................... ........... ............................. ............. ....... GC-1
2. PHASED DEVELOPMENT.........................................................................................GC-1
3. PRELIMIN"AR Y 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 CONTROL ... ................ ..................................................... .......... ...... GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTIIER
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. PROPERTY DEDICATION AND LAND ACQUISmON BY CITY........................GC-4
17. EXISTING ASSESSMENTS..... .............. .......... ................. ..... .... ............ ........ ............ GC-4
18. HOOK-UP CHARGES ........................ ..... .......... ...... ......... ............. ....... ....................... GC-4
19. PUBLIC STREET LIGHTING............ ......... ........... ...... .................... ........................... GC-5
20. SIGNAGE .....................................................................................................................GC-5
21. HOUSE PADS................ ................ .............. ................................................................ GC-5
22. RESPONSIBILITY FOR COSTS.................... ...................................................... ....... GC-5
23. DEVELOPER'S DEFAULT................................................................................ ......... GC-6
24. MISCELLANEOUS
A. Construction Trailers................................................................... ..................... GC-7
B. Postal Service................... ................... ............................. ..................... ............ GC-7
1
C. Third Parties...................................................................................................... GC-7
D. Breach of Contract ." ............. .............................. .............................................. GC-7
E. Severabili ty ....................................................................................................... GC-7
F. Building Permits ...... ............... ...... ........ ..... .............. ......................................... GC-7
G . Waivers/Amendments ............ ........... ... ..... .... .......... ........... ..... ... ......... ... ... ... ..... GC-7
H. Release.......... ........... ............... ...... ............. ..... ..... ............. .................... ............ GC-7
I. Insurance........................................................................................................... GC-8
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-9
P. Storm Sewer Maintenance ....... ... ...... ........ ..... ......... ................. ...... ... ... ............. GC-9
Q. Soil Treatment Systems.......... .................... ......... ................. ...... ........ .............. GC-9
R. Variances........................................................................................................... GC-9
S. Compliance with Laws, Ordinances, and Regulations......................................GC-9
T. Proof of Title........... .................. ................. ..... ......... ......... ........................ ........ GC-9
U. Soil Conditions.... ............ ........ ........... ...... ........ .... .......................................... GC-l 0
V. Soil Correction ............. ............................ ............ .......................... ..... ............ GC-l 0
W. Haul Routes.............................................. ........................................................... GC-l 0
X. Development Signs....................................... ....................................................... GC-l 0
Y. Construction Plans. ........................................... ................................................... GC-l 0
Z. As-Built Lot Surveys.. .............................. .............. ............................................. GC-ll
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKE HARRISON
SPECIAL PROVISIONS
AGREEMENT dated July 11, 2005 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, THE LAKE HARRISON DEVELOPMENT,
LLC (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Lake Harrison (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 July 11, 2005, prepared by Westwood Professional Services,
Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated June 20, 2005, prepared by
Westwood Professional Services, Inc.
Plan C:
Plans and Specifications for Improvements dated June 20, 2005, prepared by
Westwood Professional Services, Inc.
Plan D:
Landscape Plan dated June 20, 2005, prepared by Westwood Professional Services,
Inc.
SP-l
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 GradinglRestoration
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 by
November 15, 2005. The Developer may, however, request an extension of time from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
6. Security. To guarantee compliance with the 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 letter of credit in the form attached
hereto, from a bank acceptable to the City, or cash escrow ("security") for $2,186,030. The amount
of the security was calculated as 110% of the following:
Site GradinglRestoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Streets
Street lights and signs
Erosion control
Engineering, surveying, and inspection
Landscaping
TOTAL COST OF PUBLIC IMPROVEMENTS
SP-2
$ 488,000
$ 190,000
$ 215,000
$ 226,800
$ 650,000
$ 10,000
$ 54,000
$ 49,500
$ 104,000
$1.987.300
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
down. If the security is drawn down, the draw shall be used to cure the default. With City
approval, the security may be reduced from time to time as financial obligations are paid, but in no
case shall the security be reduced to a point less than 10% of the original amount until (1) all
improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all
financial obligations to the City satisfied, (4) the required "record" plans have been received by the
City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
The Lake Harrison Development, LLC
7597 Anagram Drive
Eden Prairie, MN 55344
Phone: 952-937-0716
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $2,186,030.00 and pay an administration fee of
$313,910.00.
B. The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
C. The applicant's contractor shall furnish and install well collection piping as shown on the
approved construction plan. The City shall reimburse 100% of the cost to furnish and install the
well collection piping.
D. If Lot 12, Block 3 is further subdivided to create an additional lot, the swimming pool must
be removed, prior to the replatting.
E. E. Jerome and Linda Carlson will donate Outlots A, C and D to the City of Chanhassen.
The developer shall pay full park fees for 37 new residential lots. The total park and trail fees
due payable at the time of final plat recording are $148,000.00.
SP-3
F. Building Official Conditions:
1. A final grading plan and soils report must be submitted to the Inspections Division
before building permits will be issued.
2. Demolition permits must be obtained prior to demolishing any structures on the site.
3. The developer must name and install a street sign for the private street.
4. Retaining walls more than four feet high must be designed by a professional engineer
and a building permit must be obtained prior to construction.
5. Separate sewer and water services must be provided each lot.
6. Existing wells and on-site sewage treatment systems on the site must be abandoned in
accordance with State Law and City Code and the existing home must be connected to city sewer
service when available.
7. The swimming pool adjacent to the existing residence must be protected by a fence in
accordance with City Code.
G. The developer must coordinate the address change of the existing home with the
construction of the development and provide access for emergency vehicles at all times.
H. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the
replacement wetlands. The applicant shall provide proof of recording a Declaration of
Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval
of a wetland replacement plan prior to any wetland impacts occurring. Wetland replacement
monitoring plans shall be submitted annually beginning one growing season after the wetland is
created until the wetland replacement is accepted in writing by the City. The vegetation
management plan shall be enhanced to provide a detailed outline for the treatment of reed canary
grass and purple loosestrife. The vegetation management plan and wetland mitigation plan sheets
shall specify that newly created wetland mitigation areas shall be seeded in a swath that extends at
least l' above and l' below the normal water level of the mitigation areas.
I. A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands
A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained
around Wetland D and any wetland mitigation areas. Wetland buffer areas shall be preserved,
surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install
wetland buffer edge signs, under the direction of City staff before construction begins and shall
pay the City $20 per sign.
J. Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all
proposed building pads. Lot 3, Block 3 shall be revised to meet building setback requirements.
K. All plans shall illustrate Lake Harrison's OHW and a ISO-foot structure setback from the
OHW.
L. The bluff area on the property shall be preserved. All structures must maintain a 30-foot
setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and
land located within 20 feet from the top of the bluff).
SP-4
M. Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used as PVC and storm water ponds.
N. MnlDOT category 3 erosion blanket and seed shall be applied to exposed creek slopes
near/around road crossing within 24 hours of temporary/final grade. Riprap, appropriately sized,
shall be installed at flared end outlets for energy dissipation with underlying gravel base or
geotextile fabric. All emergency over flow structures shall be stabilized with riprap and
geotextile or permanent turf re-enforcement blankets. Erosion and sediment controls shall be
installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and
wetland seed shall be used for restoration. All 3: 1 slopes shall be covered with category 3 erosion
blanket. An outlet meeting NPDES water quality discharge requirements is needed on Pond 1.
o. Following storm water inlet installation, Wimco-type (or equal) inlet sediment controls
shall be installed and regularly maintained. A detail for the inlet sediment controls shall be
provided.
P. Following street and utility installation, Chanhassen specification Type 1 silt fence or
other approved perimeter sediment control shall be installed for all positive slopes curbside.
Q. Geotextile fabric shall be installed under the rock to promote effectiveness and lifespan of
the rock construction entrance.
R. Chanhassen Type 2 heavy duty silt fence with straw/hay bale re-enforcement shall be
provided for all silt fences adjacent to wetland and creek areas. Chanhassen Type 1 silt fence
shall be installed at the OHW elevation of storm water basins following permanent outlet
installation.
S. The "Inlet Sediment Filter" detail shall be altered to show a rock berm (1 Y2 -inch rock, 2
feet wide and 1 foot high along the outside of the silt fence. Only metal T -posts shall be used,
not wood stakes.
T. Silt fence shall be installed between wetland impact areas and the remaining wetland.
U. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Tvpe of Slope
Steeper than 3: 1
10:1 t03:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any exposed soil
areas with a positive slope to a storm water conveyance system, such as a curb and gutter system,
storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems
that discharge to a surface water.
SP-5
V. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as needed.
W. All development phases shall be represented in the SWPPP (clear and grubbing, mass
grading, large utilities, small utilities, home building, along with any special requirement such as
wetland or creek crossing areas).
X. Construction phasing of the road shall be provided for the wetland/creek crossing. Due to
potential concentrated flows, a creek crossing plan shall be developed and outlined in the
SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided
within 24 hours following temporary or final grade. The silt fence shall be wrapped up and
around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from
entering the waters of the State.
Y. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $120,585.00.
Z. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Department of Health, Minnesota Pollution
Control Agency (NPDES Phase n Construction Permit), Minnesota Department of Natural
Resources (for dewatering), Carver County, Met Council) and comply with their conditions of
approval.
AA. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is completed. In no
areas shall the fencing be placed within the bluff impact zone.
BB. Any trees removed in excess of proposed tree preservation plans, dated 3/18/05, will be
replaced at a ratio of 2: 1 diameter inches.
Cc. A total of 322 trees are to be planted. The number of overstory, deciduous trees, as
shown on landscape plans dated 6/20/05, required in the front yard of each lot are as follows:
Lot, Block Number of trees required
Lot 1, Blk. 1 5
Lot 2, Blk. 1 2
Lot 3, Blk. 1 1
Lot 4, Blk. 1 1
Lot 5, Blk. 1 1
Lot 6, Blk. 1 2
Lot 7, Blk. 1 2
Lot 8, Blk. 1 2
Lot 9, Blk. 1 1
Lot 10, Blk. 1 2
Lot 11, Blk. 1 None - existing front yard trees to be preserved
SP-6
Lot, Block Number of trees required
Lot 12, Blk. 1 None - existing front yard trees to be preserved
Lot 1, Blk. 2 4
Lot 2, Blk. 2 3
Lot 3, Blk.2 2
Lot4,Blk.2 2
Lot 5, Blk. 2 3
Lot 6, Blk. 2 1
Lot7,Blk.2 3
Lot 8, Blk. 2 2
Lot 9, Blk. 2 2
Lot 10, Blk. 2 7
Lot 1, Blk. 3 5
Lot 2, Blk. 3 3
Lot 3, Blk. 3 2
Lot 4, Blk. 3 2
Lot 5, Blk. 3 1
Lot 6, Blk. 3 1
Lot 7, Blk. 3 1
Lot 8, Blk. 3 2
Lot 9, Blk. 3 2
Lot 10, Blk. 3 2
Lot 11, Blk. 3 3
Lot 12,Blk.3 6
Lot 13, Blk. 3 3
Lot 14,Blk.3 2
Lot 15,Blk. 3 2
Lot 16, Blk. 3 None - existing front yard trees to be preserved
DD. The developer shall be responsible for planting any trees in side or rear yards as shown on
the landscape plan dated 3/18/05.
EE. Any private street is required to have 20-foot wide paved streets from back-of-curb to back-
of-curb, be built to a 7-ton design, have a maximum slope of 10%, and contained within a 30-foot
wide private easement. At the completion of the project, the developer will be required to submit
inspection/soil reports certifying that the private street was built to a 7-ton design.
FF. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes and traffic control plans. The applicant
should be aware that any off-site grading will require an easement from the appropriate property
owner.
GG. All of the ponds are required to be designed to National Urban Runoff Program (NURP)
standards with maximum 3:1 slopes and a 10:1 bench at the NWL. Pond number 3 must be
adequately sized to accommodate the drainage from Lot 1, Block 4, and the proposed park area.
SP-7
Illi. Any retaining wall over 4 feet in height must be designed by a Structural Engineer
registered in the State of Minnesota with an approved fence. Also, it will require a building permit
from the Building Department.
II. Prior to final platting, storm sewer design data and full size map will need to be submitted
for staff review. Depending on the size of the drainage area, additional catch basins may be
required at that time. The storm sewer will have to be designed for a lO-year, 24-hour storm event.
Drainage and utility easements will need to be dedicated on the final plat over the public storm
drainage system including ponds, drainage swales, emergency overflows, access routes for
maintenance, and wetlands up to the 100-year flood level. The minimum easement width shall be
20 feet wide. Emergency overflows from all stormwater ponds will also be required on the
construction plans.
11. Erosion control measures and site restoration must be developed in accordance with the
City's Best Management Practice Handbook (BMPH). Staff recommends that the City's Type II
erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the existing
wetlands. Type I silt fence shall be used in all other areas. In addition, tree preservation fencing
must be installed at the limits of tree removal. Erosion control blankets are recommended for all of
the steep 3: 1 slopes with an elevation change of eight feet or more. All disturbed areas, as a result
of construction, must be seeded and mulched or sodded immediately after grading to minimize
erosIOn.
KK. All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter
into a development contract with the City and supply the necessary financial security in the form of
a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of
final plat approval. The applicant must be aware that all public utility improvements will require a
preconstruction meeting before building permit issuance.
LL. The sanitary sewer and water hookup charges will be applicable for each of the new lots.
The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary
sewer and watermain hookup fees may be specially assessed against the parcel at the time of
building permit issuance. All of these charges are based on the number of SAC units assigned by
the Met Council and are due at the time of building permit issuance.
MM. The applicant shall include a drain tile system behind the curbs to convey sump pump
discharge from homes not adjacent to ponds. Remove the proposed curb along the north side of the
right turn lane on Galpin Boulevard.
NN. Maximum 3:1 side slopes are allowed without the use of a retaining wall, revise the plan
accordingly.
00. Minimum 40-foot wide public drainage and utility easements will be required between Lots
4 and 5, Block 1, and along the west side of Lots 10 and 11, Block 1.
SP-8
PP. On the grading plan:
1. Show 12 foot spacing between any two parallel retaining walls over 4-foot in height.
2. Add a note to remove all existing approaches.
3. Show the EOF for the easterly cul-de-sac and the garage elevations of all Lots adjacent
to it need to be at least 1.5 feet higher than the emergency overflow for the street.
QQ. On the utility plan:
1. Relocate the proposed 12 inch pvc raw water main away from the retaining wall by at
least 10 feet along the private street.
2. Show all existing utilities, pipe type and manhole rim/inverts within Lake Lucy Road,
Galpin Boulevard, Highover Trail and Manchester Drive.
3. Show the existing sanitary sewer in the center of the existing easement.
4. Add note: any connection to existing structure must be core drilled.
5. Water service must be I-inch copper type K.
6. The watermain must be looped through to Manchester Drive versus Galpin Boulevard.
RR. A raw water transmission main shall be extended through the site for future connection to
the City's second water treatment plant. The construction cost for the raw watermain will be paid
by the City from the water portion of the Utility Fund. The developer will be required to provide
public drainage and utility easements over the transmission main and to install the pipe as a part of
the utility construction.
SS. Since the applicant is now proposing more units (38) than what the property has been
assessed for, the additional 37 units (38-1=37) will be charged a sanitary sewer and watermain
lateral connection charge. These charges are due at the time of final plat recording.
TT. As with past developments that access off of Galpin Boulevard, a right-turn lane into the
site will be required to be constructed. The turn lane must meet Carver County design
requirements.
DU. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that
hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City
Ordinance #9-1.
VV. Two additional fire hydrants are required.
WW. Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of construction
except when approved alternate methods of protection are provided.
XX. Temporary street signs shall be installed on each street intersection when construction of the
new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.
SP-9
YY. No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
ZZ. The private street driveway shall be as shown on the Lot 11 & 12 detail plan dated
5/09/05.
AAA. On the storm sewer and street plans show all the roads turning radius.
BBB. Show the sanitary sewer minimum 20-foot easement on Lot 1, Block 2.
CCC. Show minimum 20-foot easement for the water-main of Lake Harrison Road looping to the
north with the existing Manchester Drive water-main.
DDD. Show the right existing sanitary easement on Lot 3, Block 3, and revise the standard
easement accordingly.
EEE. All outlot boundaries shall be revised to incorporate wetland buffers where applicable.
FFF. The applicant shall submit a letter of credit in the amount of $136,400 to guarantee the design goal
for the wetland replacement site, as approved in the replacement plan, is fully achieved. The letter of credit
shall be written to remain in effect for 5 years."
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP-lO
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
THE LAKE HARRISON DEVELOPMENT, LLC:
BY:
Daniel J. Herbst, Its President
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
20_, 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.
NOTARYPUBUC
STATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by Daniel J. Herbst, the President of The Pemtom Land Comapny.
NOTARYPUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-11
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the South 835.33 feet of the East One-half of the Southwest Quarter, Section 3,
Township 116, Range 23, Carver County, Minnesota, measured at right angles to and parallel
with the south line of said East One-half of the Southwest Quarter lying westerly of the center
line of Carver County, Road No. 117.
Torrens Certificate Number: 30251
TOGETHER WITH
The Southwest Quarter of the Southwest Quarter of Section 3, Township 116, Range 23, Carver
County, Minnesota, and that part of the Northwest Quarter of the Southwest Quarter of said
Section 3, described as follows: Beginning at the southwest comer of said Northwest Quarter of
the Southwest Quarter; thence northerly along the west line of said Northwest Quarter of the
Southwest Quarter a distance of 2.1 feet; thence easterly to a point in the east line of said
Northwest Quarter of the Southwest Quarter distant 7.15 feet northerly of the southeast comer
thereof; thence southerly along said east line 7.15 feet to said southwest comer; thence westerly
along the south line of said Northwest Quarter of the Southwest Quarter to the point of
beginning.
TOGETHER WITH
Lot 1, Block 1, BRENDEN POND 2ND ADDITION, of record and on file in the office of the
Registar of Deeds, Carver County, Minnesota.
SP-12
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 .
ST ATE 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.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-13
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_,
ST ATE 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.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-14
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of
Irrevocable Letter of Credit in the amount of $
on the undersigned bank.
(Name of Developer) and in your favor, our
, available to you by your draft drawn on sight
The draft must:
2
a) Bear the clause, "Drawn under Letter of Credit No.
, of (Name of Bank) "
, dated
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at
(Address of Bank)
, on or before 4:00 p.m. on November 30,
2
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
SP-15
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been
recorded with the County Recorder's Office or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City. Park charges and
area charges for sewer and water referred to in this Contract are not being imposed on outlots, if
any, in the plat that are designated in an approved preliminary plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all
GC-l
necessary permits from the Metropolitan Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to 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 installed.
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 Control. Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until vegetative cover has been restored,
even if construction has been completed and accepted. After the site has been stabilized to where,
in the opinion of the City, there is no longer a need for erosion control, the City will authorize the
removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion control measures.
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 ~ 20-94.
GC-2
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including 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 recording of the final plat. The park dedication fees shall be the current amount in force at
the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2Yz) inches caliper, either bare root in season, or balled and burlapped. The trees may not be
planted in the boulevard (area between curb and property line). In addition to any sod required as a
part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area
and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed
or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place
at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the 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 I 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
GC-3
staff to verify satisfactory 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 20-94 or to
satisfy any other requirements of this Contract or of City ordinances. These requirements
supplement, but do not replace, specific landscaping conditions that may have been required by the
City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty-five percent (25%) of the amount of the original cost of the
improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is eighteen (18) months
following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
16. Property Dedication and Land Acquisition by the City. The developer will
sell Lot 1 Block 4 to the City for $740,000 for a future water treatment plant. The developer will
sell Outlot B to the City for $560,000 for park land. The developer will donate to the City
Outlots A, C and D. The City will then sign an IRS form for the purchased and donated land. A
separate purchase agreement for land dedication and purchase will be signed outside of this
contract.
17. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
18. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
GC-4
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year term at the rates in effect at time of application.
19. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. The public street lights shall be accepted for City
ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation.
Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street
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. Any upgrade to City standard lights,
monthly operation and maintenance fee charges shall be paid by the developer.
20. 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.
21. 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.
22. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
i)
if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
ii)
if the cost of the construction of public improvements is between
$500,000 and $1,000,000, three percent (3%) of construction costs
for the first $500,000 and two percent (2%) of construction costs
over $500,000;
iii)
if the cost of the construction of public improvements is over
$1,000,000, two and one-half percent (2Y2%) of construction costs
for the first $1,000,000 and one and one-half percent (1 Y2%) 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
GC-5
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of the construction. Payment shall be
due in accordance with Article 20E of this Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may payor incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer mayor may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format.
23. 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.
GC-6
24. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. 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, watermain, 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.
GC-7
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.
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 for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$
$
500.00
1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
GC-8
O. 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 in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the
street base or utilities because of snow plowing operations. The provision of City snow plowing
service does not constitute final acceptance of the streets by the City.
P. 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 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.
GC-9
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
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. Raul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAR 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following 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 "x 17" reduced
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
of the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county
coordinate system), and (8) digital file of utility tie sheets in either .doc or .tif format. The
Developer is required to submit the final plat in electronic format.
GC-I0
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.
Rev. 3/31/04
GC-ll
CITY OF CHANHASSEN
LAKE HARRISON
PROJECT NO. 05-13
BREAKDOWN OF ADMINISTRATION FEES - 7/11/05
Based on $1,987,300.00 of Estimated Public Improvements
2.5% of Public Improvement Costs (up to $1,000,000)
1.5% of Public Improvement Costs (over $1,000,000)
Street Lighting Charge (for electricity)
City Standard (15) Lights @ $300
Final Plat Process (Attorney Fee for Review and Recording of
Plat and Development Contract)
Recording Fees
a. Development Contract
b. Plat Filing
c. Trail Easement
Park Fees
37 Lots @ $4,000/lot
Surface Water Management Fee
GIS Fee ($25/plat and $1 O/parcel)
TOTAL ADMINISTRATION FEES
G:\ENG\DC\Lake Harrison 2 FEE
$25,000
$14,810
$4,500
$450
$50
$50
$50
$148,000
$120,585
$415
$313,910