1a2&3 Chanhassen Pointe Business Center, Project 98-12, Construction Plans & Specs, Development Contract
CITY OF
CHANHASSEN
10 City Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
~ngineering Fax 612.937.9152
>ublic Safety Fax 612.934.2524
tVeb lUlUlU.ci.chanhassen. /nn. us
Al ENGINEERiNG COPY jms
~d
:} No.
ovst:1 by City Eng:neer
1'1 {.' ,- i.... . "-,,,.. C'.
o -!~__~~'/".it"\
'C:'~lf.;;d by CHr Council
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i 0, -;2 -+- 3
MEMORANDUM
TO:
Anita Benson, City Engineer
Dave Hempel Assistant City Engineer ~
FROM:
DATE:
May 20, 1998
SUBJ:
Approve Development Contract and Construction Plans and Specifications
for Chanhassen Pointe Business Center - Project No. 98-12
The attached development contract incorporates the conditions of approval from the final
plat and construction plans and specifications review process. Staff has calculated the
required [mandaI security to guarantee compliance with the terms of the development
contract at $376,640.00 and the development contract administration fees total
$140,415.00. This amount includes SWMP fees and 1/3 Park and Trail fees.
The applicant has also submitted detailed construction plans and specifications for staff
review and City Council approval. Staff has reviewed the construction plans and
specifications and found some minor revisions were necessary. The revised construction
plans and specifications will be available for review in the Engineering Department on
Tuesday, May 26, 1998. It is therefore recommended that the construction plans and
specifications for Chanhassen Pointe Business Center dated May 1, 1998, revised May 26,
1998, prepared by RLK-Kuusisto, Ltd. and the development contract dated May 26, 1998
be approved conditioned upon the following:
1. The applicant enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $376,640.00 and pay an administration
fee of $140,415.00.
2. The applicant's engineer shall revise the construction plans and specifications per
staff's recommendation and submit revised plans to the City on Tuesday, May 26,
1998.
Attachments: 1.
.2.
Development contract dated May 26, 1998.
Breakdown of Administration Fees dated May 20, 1998.
John Dietrich, RLK-Kuusisto
Greg Voss, Welch Construction Corp.
\ Ie fs I \vol2\eng\projeclsleh anpnte\approve development contract.dot
'e City of GflllhasseJI. A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, and beautiful parks. A great place to lil'e, work, and play.
CITY OF CHANHASSEN
CHANHASSEN POINTE BUSINESS CENTER
PROJECT NO. 98-12
BREAKDOWN OF ADMINISTRATION FEES - 5/20/98
Estimated Total Cost of Public Improvements................................................................... $257,400.00*
_ 3% of Public Improvement Costs (Under $500,000)....................................................... $ 7,722.00
_ Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract).... ......... ... ...... ... ..... ..... ............ ...... .... ........ ............... ... $
400.00
- Recording Fees
a. Development Contract........................ ....... ........ .......... ..................................... $
b. Plat Filing ........... .................. ..... ......... ....... ......... ............. .... ........... ............. ...... $
c. Cross-Access Easement ........... ......... ...... ............................................. ............. $
30.00
30.00
30.00
_ 1/3 Park and Trail Fees (17.89 acres at $6,000/acre)....................................................... $ 35,780.00
_ SWMP Fees...... ................ ............... .................. ............. ........ ................... .......... ........... $ 96,358.00
_ GIS Fees (25.00 per plat & $10.00 per parcel (4)............................................................ $ 65.00
TOrr AL AD MINISTRA TIO N FEES ............................................................................ $140,4 J 5.OQ
*This figure does not include landscaping costs.
\'cfsl\voI2'eng\dc'chanpoinlfee.98.doc
DATE
FILE NO.
PROJECT
SWMP FEE WORKSHEET
February 20, 1998
96-3
Chanhassen Point Business Ctr
SITE AREA IN ACRES
39.48
loti
Lot 2
Lot 3
Existing Pond
Data Serve Site
8.71
5.48
6.38
-2.68
-18.91
Total Assessable acres
17.89
ZONING CLASSIFICATION
Industrial/Office
FEES
Rate per Acre Acres Total
WATER QUALITY
Industrial $ 4,633.00 17.89 $82,884
WATER QUANTITY
High Density $ 4,360.00 17.89 $78,000
Commercial/Industrial/Business
CREDITS
ITEM UNIT QUANTITY UNIT TOTAL
PRICE PRICE
Trunk Storm Sewer
Credit
36" RCP LF 1007 $ 28.00 $28,196
42" RCP LF 273 $ 50.00 $13,650
48" RCP LF 360 $ 63.00 $22,680
$160,884
$ 64,526
SWMP FEE
SWMP CREDITS
$64,526
TOTAL SWMP FEE
$96,358
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CHANHASSEN POINTE BUSINESS CENTER
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. LICENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
17. SIGNAGE................................................ GC-5
18. BUILDING 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-8
1
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-9
Q. Soil Treatment Systems........................... GC-10
R. Variances........................................ GC-10
S. Compliance with Laws, Ordinances, and Regulations GC-10
T. proo f 0 f Ti tie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC -1 0
U. Soil Conditions.................................. GC-10
V. Soil Correction.................................. GC-10
W. Haul Routes........................................ GC-11
X. Development signs.................................. GC-11
Y. Construction plans. ............ ... ... ... ...... ..... GC-11
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CHANHASSEN POINTE BUSINESS CENTER
SPECIAL PROVISIONS
AGREEMENT dated May 26, 1998, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and,
MN/CHANHASSEN RPF III BUSINESS CENTER LIMITED PARTNERSHIP, a
Delaware Limited Partnership (the "Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for Chanhassen pointe Business Center
(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 ln
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, subj ect 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 May 26, 1998, prepared by RLK-
Kuusisto, Ltd.
Plan B:
Grading, Drainage and Erosion Control Plan dated May 1,
1998, revised May 26, 1998, prepared by RLK-Kuusisto,
Ltd.
Plan C:
Plans and Specifications for Improvements dated May 1,
1998, revised May 26, 1998, prepared by RLK-Kuusisto,
Ltd.
Plan D:
Landscape
Kuusisto,
Plan
Ltd.
dated May
1,
1998,
prepared
by
RLK-
Revised 2/23/98
SP-1
4. Improvements.
the following:
The Developer shall install and pay for
A. Storm Water Drainage System
B. Driveway Aprons
C. Site Grading/Restoration
D. Underground Utilities (e.g. gas, electric, telephone,
CATV)
E. Setting of Lot and Block Monuments
F. Surveying and Staking
G. Landscaping
H. Erosion Control
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
$376,640.00. The amount of the security was calculated as 110% of
the following:
Site Grading/Site Restoration............... ..... $ 86,600.00
Storm Sewer, Drainage System,
including cleaning and maintenance...............
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$ 130,000.00
$ 12,000.00
$ 18,300.00
$ 10,500.00
$ 85,000.00
$ 342.400.00
Dri veway Aprons (4)..............................
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 1, 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
SP-2
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 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:
MN/Chanhassen RFP III
L.L. Co., a Delaware L.L. Co.
c/o G.E. Investments
3003 Summer Street
Stanford, CT 06905
(203) 326-4064
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. Park and trail dedication fees to be collected per
city ordinance.
B. The applicant shall dedicate cross-access easements
and maintenance agreement over Lots 1 and 2, Block 1. The City
shall also be included in the cross-access easement for purposes of
access to the pond for maintenance on Lot 1.
C. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc-mulched
or wood-fiber blanket or sod within two weeks of completion of each
activity in accordance with the City's Best Management Practice
Handbook.
D. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Carver County,
Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota
Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their
conditions of approval.
SP-3
E. The lowest floor elevation of all buildings
adjacent to wetlands and storm ponds shall be a minimum of 2 feet
above the 100-year high water level.
F. Existing wells and/or septic systems on site will
have to be properly abandoned in accordance to City and Minnesota
Department of Health codes/regulations.
G. The proposed Industrial development of 17.89 net
assessable acres is responsible for a water quality connection
charge of $82,884 and a water quantity fee of $78,000. The
applicant will be eligible for credit to the water quantity fee
based on oversizing the design of the trunk storm sewer system.
This credit equals $64,526, therefore, the total SWMP fee is
$96,358. These fees are payable to the City prior to the City
filing the final plat.
H. The applicant shall report to the City Engineer the
location of any drain tiles found during construction and shall re-
locate or abandon the drain tile as directed by the City Engineer.
I. The installation of traffic signals at the
intersection of Lake Drive East and Dell Road is expected in the
future. The developer shall be responsible for a share the local
cost participation of this signal on a percentage basis based upon
traffic generation from full development of this site in relation
to the total traffic volume of Dell Road. Security to guarantee
paYment for the developer's share of this traffic signal for the
entire development will be required or applicant shall agree to
waive any and all procedural or substantive objections to the
special assessments for their fair share of the traffic signal at
Dell Road and Lake Drive East including, but not limited to,
hearing requirements and any claims that the assessment exceeds
benefit to the property.
J. If exporting of earthwork materials is necessary, a
haul route and traffic control plan shall be submitted to the City
for review and approval.
K. The applicant shall provide the city with the
legal description of the easements proposed to be vacated.
L. The final plat shall be revised to dedicate a 10-
foot wide drainage and utility easement along the front and rear
lot line of Lot 4 and a 5-foot wide drainage and easement along the
west lot line of Lot 4.
SP-4
M. No berming or landscaping will be allowed within
the right-of-way. Landscape materials shall not be placed within
drainage swales or over utility lines.
N. The common driveway access to Lots 1 and 2 should
be relocated to avoid conflict with the existing street light on
Lake Drive East.
O. The developer shall be responsible for obtaining a
temporary construction easement from the property/properties for
the storm sewer construction south of Lot 3 in the City of Eden
Prairie.
P. The developer shall review the site conditions
prior to construction for existing erosion control problems or
damaged streets and utility improvements. Once construction
activities commence the developer assumes full responsibility for
site conditions and any corrections prior to issuance of a
certificate of occupancy.
Q. The construction plans dated May 1, 1998 shall be
revised per staff's comments and revised plans submitted to the
City by Tuesday, May 26, 1998."
· 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
MN/CHANHASSEN RPF III BUSINESS
CENTER LIMITED PARTNERSHIP
BY:
Its
Its
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
COUNTY OF
)
( ss.
)
STATE OF
The foregoing
day of
its
instrument was acknowledged before me this
, 1998, by
and its
of MN/Chanhassen RPF III Business
Center Limited Partnership.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-6
EXHIBIT nAn
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 1, Block 2, Chanhassen East Business Center
Hennepin County, Minnesota
..
.
..
SP-7
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-1
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 sets 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 I s and City I 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 1S 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
orderly work site and shall daily clean, on and off site, dirt
debris, including blowables, from streets and the surrounding
that has resulted from construction work by the Developer,
agents or assigns.
and
and
area
its
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the storm drainage improvements lying
within public easements over Lots 1 and 2, Block 1 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 storm drainage 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 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
GC-3
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.
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 City
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 D.
Landscaping
shall
be
installed
In
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 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 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,
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specific landscaping conditions that may have been required by the
City Council for project approval.
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 site plan, utility plan and 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 conforms with Plan
B and 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. Not applicable.
17. Signage. Not applicable.
18. Building Pads. The Developer shall promptly furnish the
City "as-built" plans indicating the amount, type and limits of
fill on any building pad location.
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee ln
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
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$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 (2%%) of construction
costs for the first $1,000,000 and one
and one-half percent (1%%) 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
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("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'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
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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 until the final plat has been recorded.
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.
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
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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
loudspeakers, bullhorns, intercoms, and similar
prohibited in conjunction with the construction of
the improvements required under this contract. The
penalty for violation of construction hours shall
violation of the provisions in this paragraph.
of outdoor
devices is
bui ldings and
administrative
also apply to
N. Access. All access to the development shall be from
Lake Drive East as shown on Plan B.
O. Street Maintenance. The Developer shall be
responsible for all street maintenance until the Certificate of
Occupancy is issued by the City for each lot within the plat.
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.
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
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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.
Q. Soil Treatment Systems. Not applicable.
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.
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
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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 ln place before construction of the required
improvements commences and shall be removed when the required
improvements are completed, except for the final lift of asphalt
on streets. The signs shall contain the following information:
project name, name of developer, developer's telephone number and
designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the
developer shall provide the City with two complete sets of full-
size construction plans and four sets of 11"x17" reduced
construction plan sets and three sets of specifications.
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