1d2 Liberty on Bluff Creek Development Contract & Plans & Specifications
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
LIBERTY ON BLUFF CREEK
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
1. REQUEST FOR PLAT APPROVAL.........................................................................SP-1
2. CONDITIONS OF PLAT APPROVAL.....................................................................SP-1
3. DEVELOPMENT PLANS........................................................................................SP-1
4. IMPROVEMENTS....................................................................................................SP-2
5. TIME OF PERFORMANCE.....................................................................................SP-2
6. SECURITY...............................................................................................................SP-2
7. NOTICE....................................................................................................................SP-3
8. OTHER SPECIAL CONDITIONS............................................................................SP-3
9. GENERAL CONDITIONS......................................................................................SP-10
GENERAL CONDITIONS
1. RIGHT TO PROCEED............................................................................................GC-1
2. PHASED DEVELOPMENT.....................................................................................GC-1
3. PRELIMINARY PLAT STATUS.............................................................................GC-1
4. CHANGES IN OFFICIAL CONTROLS..................................................................GC-1
5. IMPROVEMENTS...................................................................................................GC-1
6. IRON MONUMENTS..............................................................................................GC-2
7. LICENSE.................................................................................................................GC-2
8. SITE EROSION AND SEDIMENT CONTROL......................................................GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OR OTHER BUILDING...............................................................................GC-2
9. CLEAN UP..............................................................................................................GC-3
10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS..................................GC-3
11. CLAIMS...................................................................................................................GC-3
12. PARK DEDICATION..............................................................................................GC-3
13. LANDSCAPING......................................................................................................GC-3
14. WARRANTY...........................................................................................................GC-4
15. LOT PLANS............................................................................................................GC-4
16. EXISTING ASSESSMENTS...................................................................................GC-4
17. HOOK-UP CHARGES.............................................................................................GC-4
18. PUBLIC STREET LIGHTING.................................................................................GC-4
19. SIGNAGE................................................................................................................GC-5
20. HOUSE PADS.........................................................................................................GC-5
21. RESPONSIBILITY FOR COSTS.............................................................................GC-5
22. DEVELOPER'S DEFAULT.....................................................................................GC-6
22. MISCELLANEOUS
A. Construction Trailers.....................................................................................GC-6
B. Postal Service................................................................................................GC-7
C. Third Parties..................................................................................................GC-7
i
D. Breach of Contract........................................................................................GC-7
E. Severability...................................................................................................GC-7
F. Building Permits............................................................................................GC-7
G. Waivers/Amendments....................................................................................GC-7
H. Release..........................................................................................................GC-7
I. Insurance.......................................................................................................GC-7
J. Remedies.......................................................................................................GC-8
K. Assignability..................................................................................................GC-8
L. Construction Hours.......................................................................................GC-8
M. Noise Amplification.......................................................................................GC-8
N. Access...........................................................................................................GC-8
O. Street Maintenance........................................................................................GC-8
P. Storm Sewer Maintenance.............................................................................GC-9
Q. Soil Treatment Systems.................................................................................GC-9
R. Variances......................................................................................................GC-9
S. Compliance with Laws, Ordinances, and Regulations.....................................GC-9
T. Proof of Title.................................................................................................GC-9
U. Soil Conditions..............................................................................................GC-9
V. Soil Correction............................................................................................GC-10
W. Haul Routes..........................................................................................................GC-10
X. Development Signs...............................................................................................GC-10
Y. Construction Plans................................................................................................GC-10
Z. As-Built Lot Surveys............................................................................................GC-10
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LIBERTY ON BLUFF CREEK
SPECIAL PROVISIONS
March 13, 2006
AGREEMENT dated by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, K. Hovnanian T&C Homes at Minnesota, a limited
liability company (the "Developer").
1. Request for Plat Approval.
The Developer has asked the City to approve a plat for
Liberty on Bluff Creek (referred to in this Contract as the "plat"). The land is legally described on the
attached Exhibit "A".
2. Conditions of Plat Approval.
The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans.
The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be
prepared, subject to City approval, after entering the Contract, but before commencement of any work
in the plat. If the plans vary from the written terms of this Contract, the written terms shall control.
The plans are:
Plan A: Final plat approved March 13, 2006, prepared by Westwood Engineering.
Plan B: Grading, Drainage and Erosion Control Plan dated February 20, 2006, prepared by
Westwood Engineering.
Plan C: Plans and Specifications for Improvements dated February 20, 2006, prepared by
Westwood Engineering.
Plan D: Landscape Plan dated February 20, 2006, prepared by Westwood Engineering.
SP-1
4. Improvements.
The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance.
The Developer shall install all required improvements by
November 15, 2006. The Developer may, however, request an extension of time from the City
Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
6. Security.
To guarantee compliance with the terms of this Contract, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto,
$2,191,753.72
from a bank acceptable to the City, or cash escrow ("security") for . The amount of the
security was calculated as 110% of the following:
Sanitary Sewer $ 131,574.60
Watermain $ 139,216.50
Storm Sewer, Drainage System, including cleaning and maintenance $ 289,794.50
Streets $ 716,644.60
Sub-total, Construction Costs $1,277,230.20
Street lights $ 600.00
Engineering, surveying, and inspection (7% of construction cost) $ 89,406.11
Landscaping (2% of construction cost) $ 25,544.60
Special Assessments (to be re-assessed to the lots and outlots in the final plat) $ 599,722.47
Sub-total, Other Costs $715,273.18
TOTAL COSTS $1,992,503.38
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This breakdown is for historical reference; it is not a restriction on the use of the security. The security
shall be subject to the approval of the City. The City may draw down the security, without notice, for
any violation of the terms of this Contract. If the required public improvements are not completed at
least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the
security is drawn down, the draw shall be used to cure the default. With City approval, the security
may be reduced from time to time as financial obligations are paid, but in no case shall the security be
reduced to a point less than 10% of the original amount until (1) all improvements have been
completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security is
provided, and (6) the public improvements are accepted by the City.
7. Notice.
Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address:
Kevin Clark, Vice President Land Development
K. Hovnanian T&C Homes at Minnesota
7615 Smetana Lane, Suite 180
Eden Prairie, MN 55344
Phone: 952-944-3455
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed
to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall,
7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
A $2,191,753.72 letter of credit or escrow for the developer-installed improvements, the $780,400.60
cash fee and the fully-executed development contract must be submitted prior to scheduling a pre-
construction meeting. The cash fee due with the final plat was calculated as follows:
1.Administration fee: 3% of $500,000 + 2% of $777,230.20 (public improvement costs)
= $30,544.60
2.Attorney fee: $450.00
3.Recording fee: $46.00 (development contract) + $46.00 (plat) = $92.00
4.GIS fee: $25 (plat) + [$10/unit x 32 units] = $345.00
5.SWMP fee: $56,420.00
6.Park Dedication Fee: 168 units x $3,800.00/unit = $638,400.00
7.Street Light Operating Fee (one year): $300.00/light x 2 lights = $600.00
SP-3
8.Assessment for the 2005 MUSA AUAR: $22,709.00. This assessment is based on
the gross acreage of the development being 15.5% of the AUAR area, plus
wetland delineation and cultural resources inventory.
9.Arterial Roadway Traffic Impact Zone: 33.68 acres (gross area) – 7.292 acres
(ROW) – 7.319 acres (BCOD) – 1.082 acres (ponds) – 1.047 acres (wetlands) –
4.09 acres (Outlot B, to be deeded to the City) x $2,400.00/acres = $30,840.00
The sanitary sewer and water hook-up charges must be paid with the building permit. The 2006
trunk hookup charge is $1,575 for sanitary sewer and $4,078 for water-main. Sanitary sewer and
water-main hookup fees may be specially assessed against the parcel at the time of building permit
issuance. All of these charges are based on the number of SAC units assigned by the Met Council
and are due at the time of building permit issuance.
B.The developer shall submit a separate letter of credit in the amount of $66,904.00 for site
restoration of the proposed grading operations associated with the Liberty at Bluff Creek development
before grading can commence.
C.An additional letter of credit for $31,304.90 must be submitted for the wetland mitigation.
This security must be for a five-year period and is based on 110% of the cost of wetland creation,
including seeding and grading.
D.The developer shall pay all invoices for furnishing and installing street name and traffic
control signs.
E.Permits from the appropriate regulatory agencies will be required, including, but not
limited to the MPCA (sanitary sewer and NPDES Phase II Construction Permit), MnDOT,
Watershed District, MDH, Minnesota Department of Natural Resources (for dewatering). The
developer must comply with the conditions of approval from any and all agencies.
F.A preconstruction meeting must be held before grading, tree removal and/or utility
installation can commence. The executed development contract, and all securities and fees must
be submitted before a preconstruction meeting is scheduled.
G.All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant’s engineer shall work with
City staff to ensure that the construction plans meet City standards.
H.If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with a detailed haul route and traffic control plan.
I.Any grading on privately-owned property will require a temporary easement.
J.Before site grading commences, the three existing buildings on the property must be
razed. The developer must obtain a permit from Carver County to use the existing driveway at
Audubon Road as a construction access to the site. This access must be removed when one of the
SP-4
following conditions is met: utility work for Liberty on Bluff Creek is Complete; upon installation
of the wear course of the 2005 MUSA east-west collector; or at the direction of Carver County
or the City.
K.On-street parking may be used to satisfy the parking requirement with the following
stipulations: on-street parking is prohibited between November 1 and April 1 between the hours
of 1:00 a.m. and 7:00 a.m., consistent with Section 12-16 of the City Code: Winter Parking
Regulations; and credit for on-street parking is not allowed along the curve of the public streets.
L.Building Department conditions:
1.Retaining walls over four feet high must be designed by a Structural Engineer registered in
the State of Minnesota and require a building permit.
2.A final grading plan and soils report must be to the Inspections Division before permits
can be issued.
3.The style of home and lowest floor elevation must be noted on the final grading plan.
4.Accessibility will have to be provided to all portions of the development and a
percentage of the units may also be required to be accessible or adaptable in
accordance with Minnesota State Building Code Chapter 1341. Further information is
needed to determine these requirements.
5.Buildings over 8,500 sq. ft. in size must be protected with an automatic fire protection
system. The State of Minnesota is in the process of revising Chapter 1306 of the
Minnesota State Building Code regarding fire protection systems. It is not yet entirely
clear how these changes will affect residential construction. It is important that the
developer meet with the Inspections Division prior to final design to determine what
ramifications, if any, the new requirements will have on the project.
6.Walls and projections within 3 feet of property lines are required to be of one-hour
fire-resistive construction.
7.The buildings will be required to be designed by an architect and engineer as
determined by the Building Official.
M.Fire Marshal conditions:
1.A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV, and transformer boxes. This is to
ensure that fire hydrants can be quickly located and safely operated by firefighters.
Pursuant to Chanhassen City Ordinance #9-1.
2.Fire apparatus access roads and water supply for fire protection is requiredto be
installed. Such protection shall be installed and made serviceable prior to and during
SP-5
the time of construction except when approved alternate methods of protection are
provided.
3.Temporary street signs shall be installed on street intersection when construction of
the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code
Section 501.4.
4.“No parking fire lane” signs will be required. Contact the Chanhassen Fire Marshal for
exact location of signs to be installed.
5.The driveway and parking lot to the temporary sales center must be designed to
support a fire truck and must be maintained year-round.
6.The driveway to the temporary sales center must be minimum 20 feet wide.
7.A scale drawing of the temporary sales center and parking area must be submitted and
include the following:
i.Parking lot dimensions and turning radius.
ii.Location of proposed structures to be built.
iii.Locations of public and private fire hydrants to be installed.
iv.Sidewalks and walkways.
N.Water Resources Coordinator Conditions:
1. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or
other natural or man made systems that discharge to a surface water.
2. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
SP-6
3. Wetland replacement shall occur in a manner consistent with the approved Wetland
Alteration Permit for Liberty on Bluff Creek and the Minnesota Wetland Conservation
Act (MR 8420).
4. A five-year wetland replacement monitoring plan shall be submitted. The replacement
monitoring plan shall include a detailed management plan for invasive non-native
species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans
shall show fixed photo monitoring points for the replacement wetland. The applicant
shall provide proof of recording of a Declaration of Restrictions and Covenants for
Replacement Wetland.
5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall
be maintained around all wetlands, with the exception of Basin C. A wetland buffer 20
to 30 feet in width (with a minimum average of 20 feet) shall be maintained around
Basin C. Wetland buffer areas shall be preserved, surveyed and staked in accordance with
the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under
the direction of City staff, before construction begins and must pay the City $20 per sign.
6. All structures shall be set back 40 feet from the edge of the wetland buffer. The
wetland buffer setback should be shown on the plans.
7. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland
creation (including grading and seeding) to ensure the design standards for the
replacement wetland are met, as stated in Paragraph C of this agreement. The letter of
credit shall be effective for no less than five years from the date of final plat approval.
The applicant shall submit a cost estimate for wetland creation (including grading and
seeding) so the City can calculate the amount of the wetland creation letter of credit.
8. Clay diversions shall be used to divert runoff around the wetlands on the south side of
the development to the temporary sediment basins downslope of them.
9. No alterations are allowed within the primary corridor or within the first 20 feet of the
setback from the primary corridor. All structures shall meet the 40-foot setback from
the primary corridor.
10. The developer shall determine the base flood elevation (100-year) to ensure that the
structures will meet all floodplain elevation requirements.
11. Drainage and utility easements with a minimum width of 20 feet shallbe provided over
all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm
water infrastructure.
12. A complete Storm Water Pollution Prevention Plan (SWPPP) shallbe in place before
applying for and receiving NPDES construction permit coverage from the Minnesota
Pollution Control Agency (MPCA).
SP-7
13. Minimization of the amount of exposed soils on the site is needed; phasing of the
development shalllimit the disturbed areas open.
14. All emergency overflows need temporary and permanent stabilization and shallbe
shown in a detail or on the SWPPP. Energy dissipation (riprap and geotextile fabric)
shall be installed within 24 hours of installation of flared end sections and outlet
structures.
15. Temporary sediment basins shall be constructed and could be located in the proposed
permanent storm water pond locations. If Pond A does not get excavated prior to
disturbing the contributing area; a temporary basin shall be constructed approximately
in the areas of Street D and Lot 5, Block 3. Temporary basins shall be labeled on the
SWPPP. A detail shall be provided for the temporary outlet structures for the
temporary basins. Clay berms shall be used to temporarily divert runoff from the
construction site to the temporary basins prior to discharge. Additionally the clay
diversions shall be used to divert runoff around the wetlands on the south side of the
development to the temporary sediment basins downslope of them.
16. Chanhassen Type 2, Heavy Duty silt fence shall be used around all wetlands, streams,
creeks, bluffs and ravines; Chanhassen Type 1 silt fence shall be used around the
remaining areas. The inlet control (for area inlets, not curbside) detail shall be mono-
mono heavy duty machine sliced silt fence with 4 foot maximum spacing for metal T-
posts. A rock berm placed around the silt fence shall be at least 2 feet wide and 1 foot
high of 1½ -inch clear rock. Wimco-type inlet controls shall be installed in all inlets
through out the project within 24 hours of inlet installation. Street cleaning of soil
tracked onto public streets shall include daily street scraping and street sweeping as-
needed.
O.Environmental Resources Conditions:
1. Burning permits will not be issued for trees to be removed. Trees and shrubs must be
chipped or removed from the site.
2. Prior to grading tree preservation fencing shall be installed at the edge of grading
limits around all trees proposed to be preserved.
3. Any trees removed due to grading or construction activities that were proposed to be
preserved must be replaced at a rate of 2:1 diameter inches.
P. Building permits may be issued for Lots 1-6, 7, 12 and 13, Block 2 before streets and
utilities are installed subject to the following conditions:
1. Once combustible construction begins on these units, each dwelling unit must have a
minimum 10-pound fire extinguisher mounted adjacent to the front door.
SP-8
2. Certificates of Occupancy will not be issued until these units are connected to public
sanitary sewer and watermain that has been inspected and approved by the City.
Q. The signature sheet on the final plat must be replace all references to Chaska, MN with
Chanhassen, MN.
R. Provide a design plan that shows the color and architectural detail for each unit on the site
for final plat approval.
S. The lateral sanitary sewer between Lots 1 and 19, Block 1 shall extend 20 feet east of the
private drive.
T. The developer shall build according to the PUD Standards and the Exterior Color and
Materials Booklet date December 2005.
U. Upon approval of final plat only the grading may proceed until Phase II of the 2005
MUSA Utility Project has been awarded.
V. The developer’s engineer must work with Peterson’s Bluff’s engineer to ensure that the
proposed grading on each property matches at the property line and to eliminate and/or decrease
the height of retaining walls to the maximum extent possible.
W. All of the ponds are required to be designed to National Urban Runoff Program (NURP)
standards with maximum 3:1 slopes and a 10:1 bench at the NWL.
X. The lowest floor elevation of all buildings must beat least three feet above the HWL of
the adjacent ponds.
Y. The last public storm water structure that is road-accessible prior to discharging to a water
body must have a 3-foot sump.
Z. The style of home and lowest floor elevation must be noted on the final grading plan.
AA. Blanket drainage and utility easements are required over all common lots; however, the
following storm sewer segments shall be owned and maintained by the homeowners association:
1. Northeast and west of Lot 5, Block 1.
2. Within the private cul-de-sac to Lots 1-4, Block 3.
3. The connection between the private drives to Lots 9, 10, 11 and 12, Block 1 and
the public lateral within Street A.
BB. Upon project completion, the developer must submit inspection/soil reports certifying that
the private streets were built to a 7-ton design.
SP-9
CC. The benchmark used to complete the site survey must be shown on the grading plan.
DD. A trail connection from the development to the park on the Pioneer Pass Subdivision
needs to be shown and built.
EE. Bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet
above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback from
the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located
within 20 feet from the top of a bluff).
FF. No alterations are allowed within the primary corridor or within the first 20 feet of the
setback from the primary corridor. All structures shall meet the 40-foot setback from the primary
corridor.
GG. Dedication of Outlot B shall be made to the city or a conservation easement shall be
established over said outlots.
HH. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
II. “The City will construct Bluff Creek Boulevard Improvements to serve the Plat, public
shall be specially
improvement project no. 06-05. Property within the plat
assessed $1,581,748.01 for the project. The assessment shall be paid over a 7 year period
without deferment, together with interest at a rate of 6.5 % per year. The assessment shall
be deemed adopted on the date this agreement is approved by the city council. The Developer
and fee owner waive any and all procedural and substantive objections to the installation of
the public improvement and the special assessment, including but not limited to hearing
requirements and any claim that the assessment exceeds the benefit to the property; and
further waive any appeal rights otherwise available pursuant to M.S.A. § 429.081.”
9. General Conditions.
The general conditions of this Contractare attached as Exhibit
"B" and incorporated herein.
SP-10
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
K. Hovnanian T&C Homes at Minnesota, LLC:
BY:
Arthur Plante, President
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2006, by Arthur Plante, President of K. Hovnanian T&C Homes at Minnesota, a Limited Liability
Company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-11
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Southwest Quarter of the Southeast Quarter of Section 22, Township 116, Range 23,
Carver County, Minnesota described as follows:
Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter of Section
22; thence South 88 degrees, 08 minutes 10 seconds East, assumed bearing, 462.00 feet along the
south line of Southwest Quarter of the Southeast Quarter to the point of beginning of the tract to be
described, thence continuing South 88 degrees 08 minutes 10 seconds East 863.36 feet along said
south line to the southeast corner of said Southwest Quarter of the Southeast Quarter; then North 01
degree 06 minutes 07 seconds East 1310.74 feet along the east line of said Southwest Quarter of the
Southeast Quarter to the northeast corner thereof, thence North 88 degrees 18 minutes 51 seconds
West 66.00 feet along the north line of said Southwest Quarter of the Southeast Quarter; thence South
37 degrees 51 minutes 31 seconds West 157.08 feet; thence South 72 degrees 21 minutes 31 seconds
West 287.10 feet; thence South 35 degrees 51 minutes 31 seconds West 125.40 feet; thence South 16
degrees 51 minutes 31 seconds West 244.20 feet; thence North 80 degrees 18 minutes 51 seconds
West 93.91 feet to a point on the west line of the East Half of said Southwest Quarter of the Southeast
Quarter; thence South 01 degrees 06 minutes 32 seconds West 491.28 feet along said west line; thence
South 38 degrees 05 minutes 03 seconds West 333.62 feet to the point of beginning.
AND
The West Half of the Northeast Quarter of Section 27, Township 116, Range 23, Carver County,
Minnesota;
EXCEPT the following described parcel: Beginning at the southeast corner of the Southwest Quarter of
the Northeast Quarter of said Section 27; thence North 00 degrees 29 minutes 05 seconds West, assumed
bearing, 528.00 feet along the east line of said Southwest Quarter of the Northeast Quarter; thence North
89 degrees 12 minutes 00 seconds West 617.10 feet; thence South 00 degrees 29 minutes 05 seconds East
528.00 feet to a point on the south line of said Southwest Quarter of the Northeast Quarter; thence South
89 degrees 12 minutes 00 seconds East 617.10 feet along said south line to the point of beginning.
ALSO EXCEPT that part of said Southwest Quarter of the Northeast Quarter of Section 27 described as
commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter; thence North 00
degrees 32 minutes 15 seconds West, assumed bearing, 531.90 feet along the west line of said Southwest
Quarter of the Northeast Quarter to the point of beginning of the tract to be described; thence continuing
North 00 degrees 32 minutes 15 seconds West 231.70 feet along said west line; thence north 89 degrees 27
minutes 45 seconds East 470.00 feet; thence South 00 degrees 32 minutes 15 seconds East 231.70 feet;
thence South 89 degrees 27 minutes 45 seconds West 470.00 feet to the point of beginning.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
,
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20___, by .
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on
sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________,
2______, of (Name of Bank) ";
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November
30, 2______.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel,
this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in
the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen,
MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY: ____________________________________
Its ______________________________
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed.
Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
or private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary
security and fees have been received by the City, 3) the plat has been recorded with the County
Recorder's Office or Registrar of Title’s Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer
may proceed.
2. Phased Development.
If the plat is a phase of a multiphased preliminary plat, the City
may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and
the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges and area charges for
sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are
designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges
will be calculated and imposed when the outlots are final platted into lots and blocks.
3. Preliminary Plat Status.
If the plat is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls.
For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size, lot
layout or dedications of the approved plat unless required by state or federal law or agreed to in writing
by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law the City may require compliance with any amendments to the
City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date
of this Contract.
5. Improvements.
The improvements specified in the Special Provisions of this Contract
shall be installed in accordance with City standards, ordinances, and plans and specifications which
have been prepared and signed by a competent registered professional engineer furnished to the City
and approved by the City Engineer. The Developer shall obtain all necessary permits from the
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Metropolitan Council Environmental Servicesand other pertinentagencies before proceeding with
construction. The City will, at the Developer's expense, have one or more construction inspectors and
a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a
qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to
respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the
construction is being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable
time at the City Council chambers with all parties concerned, including the City staff, to review the
program for the construction work.
6. Iron Monuments.
Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
7. License.
The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control.
Before the site is rough graded, and before any
utility construction is commenced or building permits are issued, the erosion and sediment control plan,
Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional
erosion and sediment control requirements if they would be beneficial. All areas disturbed by the
excavation and backfilling operations shall be reseeded forthwith after the completion of the work in
that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified
seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized,
mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion and sediment transport. If the Developer does not comply with the
erosion and sediment control plan and schedule of supplementary instructions received from the City,
the City may take such action as it deems appropriate to control erosion and sediment transport at the
Developer's expense. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and City's rights or obligations
hereunder. No development will be allowed and no building permits will be issued unless the plat is in
full compliance with the erosion and sediment control requirements. Erosion and sediment control
needs to be maintained until vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is
no longer a need for erosion and sediment control, the City will authorize the removal of the erosion
and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the
erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building.
Before a
building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
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escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code § 7-22.
9. Clean up.
The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements.
Upon completion and acceptance by
the City of the work and construction required by this Contract, the improvements lying within public
easements shall become City property. After completion of the improvements, a representative of the
contractor, and a representative of the Developer's engineer will make a final inspection of the work
with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied
that all work is satisfactorily completed in accordance with the approved plans and specifications and
the Developer and his engineer shall submit a written statement to the City Engineer certifying that the
project has been completed in accordance with the approved plans and specifications. Theappropriate
contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City
Council resolution.
11. Claims.
In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety (90) days before the security required by
this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the
Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any
further proceedings as it pertains to the letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication.
The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount in
force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions.
13. Landscaping.
Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The
minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area between curb and property line).
In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a
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
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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 7-22 or to satisfy
any other requirements of this Contract or of City ordinances. These requirements supplement, but do
not replace, specific landscaping conditions that may have been required by the City Council for project
approval.
14. Warranty.
The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit
for twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years
from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing season
following acceptance by the City.
15. Lot Plans.
Prior to the issuance of building permits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review
and approval by the City Engineer. Each plan shall assure that drainage is maintained away from
buildings and that tree removal is consistent with development plans and City Ordinance.
16. Existing Assessments.
Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. Hook-up Charges.
The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-
up charges are collectible at time of building permit unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting.
The Developer shall have installed and pay for publicstreet
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance. A
plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs
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the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat.
The fee shall be used by the City for furnishing electricity and maintaining each public streetlight for
twenty (20) months.
19. Signage.,
All street signs traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads.
The Developer shall promptly furnish the City "as-built" plans indicating
the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation of
the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as
review of construction documents, preparation of the Development Contract, monitoring construction
progress, processing pay requests, processing security reductions, and final acceptance of
improvements. This fee does not cover the City's cost for construction inspections. The fee shall be
calculated as follows:
i) if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
ii) if the cost of the construction of public improvements is between
$500,000 and $1,000,000, three percent (3%) of construction costs for
the first $500,000 and two percent (2%) of construction costs over
$500,000;
iii) if the cost of the construction of public improvements is over
$1,000,000, two and one-half percent (2½%) of construction costs for
the first $1,000,000 and one and one-half percent (1½%) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control inspections.
This cost will be periodically billed directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 21E of this Agreement.
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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 pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction, including but not limited to the issuance of
building permits for lots which the Developer may or may not have sold, until the bills are paid in full.
Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. 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. Record drawings must be submitted within four
months of final acceptance of public utilities. All digital information submitted to the City shall be in
the Carver County Coordinate system.
22. Developer's Default.
In the event of default by the Developer as to any of the work to
be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first given
notice of the work in default, not less than four (4) days in advance. This Contract is a license for the
City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the
land. When the City does any such work, the City may, in addition to its other remedies, assess the cost
in whole or in part.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within thirty
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(30) days following the acceptance of the public improvements unless otherwise approved by the City
Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service
in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also issue a
stop work order halting all plat development until the breach has been cured and the City has received
satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary sewer,
watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets
needed for access have been paved with a bituminous surface and the site graded and revegetated in
accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract, at
the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance
of such a certificate, individual lot owners may make as written request for a certificate applicable to an
individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the City
has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional
insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior
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to the City signing the plat. The certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays
with no such activity allowed on Sundays or any recognized legal holidays. Under emergency
conditions, this limitation may be waived by the consent of the City Engineer. Any approved work
performed after dark shall be adequately illuminated. If construction occurs outside of the permitted
construction hours, the Developer shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street maintenance
until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer
when hazards develop in streets to prevent the public from traveling on same and directing attention to
detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage.
The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or utilities because of snow plowing
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operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainageimprovements in the plat have been accepted by
the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2-year maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided,
the two soil treatment sites identified during the platting process for each lot. This shall be done prior
to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as
unacceptable and replacement sites will need to be located for each violated site in order to obtain a
building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the plat
are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
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.
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V. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of suitability of
soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no
fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On
lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils
engineer shall be provided before the City inspects the foundation for a building on the lot.
W. Haul Routes. The Developer, the Developer’s contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer’s telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11”x17” reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two
complete full-sizesets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4)
location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility
stubsincluding draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf
& .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility
tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed,
including the per lineal foot bid price. The Developer is required to submit the final plat in electronic
format.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the
Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by
a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built
survey is completed. If the weather conditions at the time of the as-built are not conducive to paving
the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built
escrow withheld until all work is complete.
Rev. 12/27/05
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