1f-2 Development Contract and construction Plans Brenden Ponds 3rd Addition
CITY OF
CHANHASSEN
o City Center Drive, PO Box 147
';hanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
~lgineering Fax 612.937.9152
lIb/ic Safety Fax 612.934.2524
iffb wll'w.ci.chal1hassen.mn./IS
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MEMORANDUM
TO:
%~; ",'"
f\. I'
j..! .-"
Anita Benson, City Engineer
FROM:
Dave Hempel, Assistant City Engineer
DATE:
November 17, 1998
SUBJ:
Approve Revised Development Contract and Grading Plan for
Brenden Pond 3rd Addition - Project No. 97-7
The attached development contract incorporates the conditions of approval from
the final platting and construction plan review process. This item was tabled at the
last City Council meeting pending notification to the adjacent property owners.
The development contract has been revised to take into account the assessments
that were levied for the Lake Lucy Road improvement project (Item "L", page SP-
4). The changes are denoted in bold and/or strikethroughs. Staff has calculated
the required financial security to guarantee compliance of the terms of the
development contract at $25,168 and the administration fees total $15,794.33
which includes one-third of the required park and trail and SWMP fees.
The applicant has also submitted a final grading plan for staff review and City
Council approval. Staff has reviewed the grading plans and finds them acceptable.
The street and most of the utilities needed for this project were installed under the
City's public improvement project (Lake Lucy Road) which has been specially
assessed against part of the development. Therefore, no construction plans are
being provided. It is recommended the grading plans for Brenden Pond 3rd
Addition dated October 30, 1998, prepared by William Engelhardt & Associates
and the development contract dated November 23, 1998,be approved conditioned
upon the following:
1. The developer shall enter into the development contract and supply the
City with a cash escrow or letter of credit in the amount of $25,168 and
pay the City an administration fee of $15,794.33.
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2.
Revised Development Contract.
Breakdown of Administration Fees.
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'e City ofClJal1hllsse1l. A growil1g community with cleal1lakes, quality schools, a challning dOlUntoll'n, thrilling businesses, and beautiful parks. A great place to live, work, and play
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
BRENDEN POND 3~ ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROVAL.............................. SP-l
2. CONDITIONS OF PLAT APPROVAL............................ SP-l
3. DEVELOPMENT PLANS............................ . . . . . . . . . . SP-l
4. IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-2
5. TIME OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-2
6. SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-2
7. NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-3
8. OTHER SPECIAL CONDITIONS ............................... SP-3
9. GENERAL CONDITIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-5
GENERAL CONDITIONS
1. RIGHT TO PROCEED. ......... ......... ......... ........... GC-l
2. PHASE DEVELOPMENT.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-l
3. EFFECT OF SUBDIVISION APPROVAL......................... GC-l
4. IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-l
5. IRON MONUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-2
6 . L I CENS E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC - 2
7. SITE EROSION CONTROL ............. ..... ... .... .......... GC-2
7A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-3
8. CLEAN UP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-3
9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS............... GC-3
10. CLAIMS................................................. GC-3
11. PARK AND TRAIL DEDICATION ................. ..... ........ GC-4
12. LANDSCAPING............................................ GC-4
13 . WARRANTy............................................... GC - 5
14 . LOT PLANS '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC - 5
15. EXISTING ASSESSMENTS. ....... ...... ... ...... ..... ....... GC-5
16. STREET LIGHTING.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
1 7 . S I GNAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC - 5
18. HOUSE PADS............................................. GC-5
19. RESPONSIBILITY FOR COSTS .......... ..... '" ...... ....... GC-5
20. DEVELOPER'S DEFAULT ................... .... .... ......... GC-7
21. MISCELLANEOUS
A. Construction Trailers..... ... ..... ........ ........ GC-7
B. Postal Service.................................... GC-7
C. Third Parties ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-7
D. Breach of Contract .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-7
E. Severability...................................... GC-8
F. Building Permits .............. ... ... ..... ......... GC-8
G. Waivers/Amendments.. ...... ..... ...... ...... .... ... GC-8
H. Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC- 8
I. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-8
J. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-9
l
K. Assignability..................................... GC-9
L. Construction Hours ................................ GC-9
M. Noise Amplification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-9
N. Access ............................................ GC-9
O. Street Maintenance................................ GC-9
P. Storm Sewer Maintenance.................... ...... GC-IO
Q. Soil Treatment Systems........................... GC-IO
R. Variances ........................................ GC-IO
S. Compliance with Laws, Ordinances, and Regulations GC-IO
T. Proof of Title ...................................GC-IO
u. Soil Conditions ..................................GC-IO
V. Soil Correction.................................. GC-IO
W. Haul Routes........................................ GC-ll
X. Development Signs.................................. GC-ll
Y. Construction Plans................................. GC-ll
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SPECIAL PROVISIONS
AGREEMENT dated November 23, 1998, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and,
DAVID G. GESTACH, GENERAL PARTNER & LELAND E. PAULSON, GENERAL
PARTNER OF GESTACH & PAULSON, a Minnesota general partnership on
behalf of the partnership(the "Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for Brenden Pond 3ro Addition(referred to in
this Contract as the "plat"). The land is legally described on the
attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed In
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A:
Final plat approved November 23, 1998, prepared by
Demars-Gabriel Land Surveyors, Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated October
30, 1998, prepared by William R. Engelhardt &
Associates, Inc.
Plan C:
Landscape Plan dated October 3, 1998, prepared by Gene
Ernst with Ernst Associates.
Revised 2/23/98
SP-1
4. Improvements.
the following:
The Developer shall install and pay for
A. Storm Water Drainage System
B. Site Grading/Restoration
C. Underground Utilities (e.g. gas, electric, telephone,
CATV)
D. Setting of Lot and Block Monuments
E. Surveying and Staking
F. Landscaping
G. Erosion Control
H. Wetland Monumentation
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1999. 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 from a bank, cash escrow, or equivalent ("security") for
$25,168.00. The amount of the security was calculated as 110% of
the following:
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$ 10,000.00
$ 2,400.00
$ 2,500.00
$ 2,500.00
$ 5,480.00
$ 22.880.00
Site Grading/Restoration.........................
Storm Sewer, Drainage System,
including cleaning and maintenance...............
Erosion control..................................
Engineering, surveying, and inspection...........
TOTAL COST OF PUBLIC IMPROVEMENTS................
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 security shall be for a term ending
December 31, 1999. 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
SP-2
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 all improvements are complete and
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:
Messrs. David Gestach & Leland Paulson
Gestach and Paulson Construction
200 North Chestnut Street
Chaska, MN 55318
(612) 448-3332
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 City Center Drive, P.O. Box 147,
Chanhassen, Minnesota 55317, Telephone (612) 937-1900.
8. Other Special Conditions.
A. The proposed development will be responsible for a
water quantity connection fee of $8,553 and a water quality fee of
$3,456 assuming 4.32 acres of developable land. The applicant will
receive credit for dedicating a 2,700 sq. ft. drainage easement er
for $1,115 dollars. The total SWMP fee would then be $10,894.
This fee is due payable to the city prior to the city filing the
final plat.
B. The natural wetland buffer area shall be surveyed
and staked in accordance with the city's wetland ordinance. The
developer will install wetland buffer edge signs under the
supervision of city staff before construction begins and pay the
city $20 per wetland sign.
C. The lowest floor elevation of all buildings
adjacent to wetlands and storm ponds shall be a minimum of 2 feet
above the 100-year water level.
D. The developer shall report to the City Engineer
the location of all drain tiles found during construction. Drain
tile should be relocated or abandoned as directed by the City
Engineer.
E. The developer shall enter into a development
contract for Brenden Pond 3rd Addition with the city and provide
the necessary financial security to guarantee the installation of
SP-3
the public improvements in compliance with the conditions of
approval.
F. Lots 1 and 2, Block 2 shall be designated custom-
graded lots. Individual grading, drainage, tree removal and
erosion control plans shall be submitted to the city for review
and approval prior to issuance of a building permit on Lots 1 and
2, Block 2. The first floor elevation of the homes may be up to
one foot below the curb height on Lake Lucy Road.
G. On-street parking shall be prohibited along both
sides of Lake Lucy Road.
H. All areas disturbed during site grading shall be
immediately restored with seed and disc-mulched or wood fiber
blanket within two weeks of completing site grading unless the
city's (BMPH) planting dates dictate otherwise. All areas
disturbed with slopes of 3:1' or greater shall be restored with
sod or seed and wood fiber blanket.
I. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Watershed
District, and comply with their conditions of approval.
J. Access to the individual lots shall be limited to
the interior streets and not from Lake Lucy Road with the
exception of Lots 5 and 6, Block 1 and Lots 1 and 2, Block 2.
K. The developer shall dedicate on the final plat the
necessary drainage and utility easements to encompass the storm
water pond construction by the city on Lot 2, Block 2. The
developer shall be entitled to credits against their SWMP fees ln
accordance with the city's SWMP plan for the land dedication.
L. Thc dcvclopcr tlgrcc:J to 'yy"Qi .y.C o.ny o.nd 0.11
proccdurQl objcctiono to thc :Jpccio.l o.O:JcoOfficnt:J rC:Julting from
Projcct No. 98 1 Lo.kc Lucy noo.d Impro'Vcfficnt:J including, but not
limitcd to, hco.ring rcquircfficnto o.nd thc Q:Joc:Jofficnt:J 0.0 outlincd
in thc fco.:Jibilit::t rcport do.tcd Ho.rch 1998 prcpo.rcd by neB.
The final assessment roll for project No. 98-1
Lake Lucy Road Improvements was adopted by the Chanhassen City
Council on November 9, 1998. These assessments are based on a
front footage rate for all lots in Brenden Pond 3rd Addition
proposed to directly access Lake Lucy Road. Any revisions to the
total front footage approved for the Brenden pond 3rd Addition
plat will be made administratively to the assessment roll. In
the future, if an outlot is platted into a buildable lot taking
direct access from Lake Lucy Road, a street and storm drainage
SP-4
assessment of $87.18 per front foot plus annual construction cost
adjustments (eer) will apply to the lot.
M. Tree protection fencing will be required along all
wooded areas at the edge of grading limits.
N. Full park and trail fees shall be collected per
city ordinance in lieu of land acquisition and/or trail
construction.
o. The grading plan shall be revised as follows:
a) The top of block elevation on Lots 5 and 6,
Block 1 shall be raised to 1012.0.
b) The grades along the east property line of Lot
2, Block 2 shall be revised to match existing grades at the east
property line.
c) Tree protection fencing shall be denoted on
the grading plan along the tree preservation easement on Lots 2, 5
and 6, Block 1 and along all wooded areas at the edge of grading
limits.
P. A tree preservation easement shall be dedicated
over the easterly 25 feet of Lot 2, Block 1 and the northerly 25
feet of Lots 5 and 6, Block 1.
Q. Erosion control blanket shall be used on all side
slopes in excess of 3:1 within five days after site grading is
completed.
9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 23, 1998 are
attached as Exhibit "B" and incorporated herein.
SP-5
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
GESTACH AND PAULSON
BY:
David G. Gestach
BY:
Leland E.paulson
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19_, by Nancy K. Mancino, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of ,19 ,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-6
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 2, Block 2, and Outlot B, Brenden Pond; and Outlot A, Brenden
Pond 2nd Addition, Carver County Minnesota.
SP-7
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
, 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-8
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
,
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this
day of
, 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-9
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this agreement
has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the
City, 3) the plat has been. recorded with the County Recorder's
Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have
been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi-
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
provisions of this Contract shall be installed in 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 proceeding with construction. The City will, at
the Developer's expense, have one or more construction inspectors
GC-l
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 I s design. The
Developer or his engineer shall schedule a preconstruct ion meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the 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) one complete full-size set of blue line
as-built plans and two sets of reduced 11"x17" 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, and
(6) bench mark network.
5. 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 I s surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6.
agents,
plat to
City In
License. The Developer hereby grants the City,
employees, officers and contractors a license to enter
perform all work and inspections deemed appropriate by
conjunction with plat development.
its
the
the
7. 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 I s expense. The
City will endeavor to notify the Developer in advance of any
GC-2
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.
7a. 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 the
City to guarantee compliance with City Code ~ 20-94.
8. 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.
9. 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.
10. 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 resol ved 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%
GC-3
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.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and Ci ty
Council resolutions. One-third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping.
accordance with Plan C.
Landscaping
shall
be
installed
ln
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 (2Y2) 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 contr~l 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 1 through
May 1 these conditions must be complied with by the following July
1st. Upon expiration of the time period, inspections will be
conducted by City staff to verify satisfactory completion of all
conditions. City staff will conduct inspections of 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.
GC-4
13. Warranty. The Developer warrants all work required to
be performed by it against poor material and faulty workmanship for
a period of two (2) years after its completion and acceptance by
the City. All trees, grass, and sod shall be warranted to be
alive, of good quality, and disease free at the time of planting.
All landscape plantings shall be warranted for eighteen (18) months
from the time of formal acceptance by the City. The Developer or
his contractor(s) shall post a letter of credit or other security
acceptable to the City to secure the warranties at the time of
final acceptance.
14. 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.
15. Existing Assessments. Any existing assessments against
the plat will be re-spread against the plat in accordance with City
standards.
16. Public Street Lighting. N/A
17. Signage. All 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.
18. 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.
19. 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 I 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
GC-5
$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 (1Y2%) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all costs incurred by the City for
providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of
the construction. PaYment shall be due in accordance with Article
19E 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
GC-6
("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.
20. Developer I 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.
21. 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
GC-7
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 except for Lots 1 and 2, Block 2 since they
are custom graded lots.
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 SlX (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-8
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.
o. Street Maintenance. 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.
GC-9
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 and erosion from the plat. The Developer shall follow
all instructions it receives from the City concerning the cleaning
and maintenance of the storm sewer system.
Q. Soil Treatment Systems. N/A
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 Chanhasseni
2. State of Minnesota, its agencles, departments
and commissionsi
3. United States Army Corps of Engineersi
4. Watershed District{s)i
5. Metropolitan Government, its agencles,
departments and commissions.
T. Proof of Title. Upon request, the Developer shall
furnish the City with evidence' satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
V. Soil Correction. The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City'S building inspection department determines from
observation that there may be a soils problem. On lots with fill
GC-10
material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils
englneer 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. Bluff Creek Drive from Trunk Highway
212 to Pioneer Trail (CSAH 14) may not be used by the Developer,
the Developer's contractors or subcontractors as a haul route for
the import or export of soil, construction material, construction
equipment or construction debris, or any other purpose.
x. Development Signs. The Developer shall post a six
foot by eight foot development sign in accordance with City
Detail Plate No. 5313 at each entrance to the project. The sign
shall be in place before construction of the required
improvements commences and shall be removed when the required
improvements are completed, except for the final lift of asphalt
on streets. The signs shall contain the following 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.
GC-11
CITY OF CHANHASSEN
BRENDEN POND 3RD ADDITION
PROJECT NO. 97-7
BREAKDOWN OF ADMINISTRATION FEES -11/3/98
Estimated Total Cost of Public Improvements..................................................................... $17,400.00*
- 3% of Public Improvement Costs (Up To $500,000) ........................................................ $
522.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract)... ...... ........... ......... ....... ........... ......... .......... .............. ..... $
450.00
- Recording Fees
a. Development Contract........ ................. ..... ...... ..... .............. ......... ........... ............. $
b. Plat Filing ........ ........ ....... ...... ....... .............. ...... ...... ....... ....... ......... .............. .... ..... $
c. Tree Preservation Easement.. .......... ........... ................................................ ......... $
30.00
30.00
30.00
- (113) Park & Trail Fees [7 lots x $1,600/3]........................................................................ $ 3,733.33
- Surface Water Management Fees ...................................................................................... $10,894.00
- GIS Fee ($25/plat and $lO/parcel)..................................................................................... $ 105.00
TOT AL ADMINISTRATION FEES .............................................................................. $15.794.33
*This figure does not include landscaping.
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