1f Apprv Dvlpmt Contract /Plans & Specs Sewer/Water Ext. Sun Ridge
M
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690'QoULTeR DRIVE- p.O. lOX 147e ~Pl.M1NN~SOTA'5$317
'. . .' '(Gt2l9a1~"',"'.fAJ:t&i2)~~7$tl~;, ., ,.,.
X)fRClALENalNEiRIHG OOPY,' "
, '.P~
. Receive4
, MEMORANDUM,
FROM:
Charles Polch,.~ofPuJjlic w.. .
Dave He~l, As~tCityEl;l~r'~; .
.. fleY1O:oo I\!o.
"' I "
I,pprov '
, 1
;- >.
; Pate
Y City Engineer
-.....17
TO:
DATE:
Octobor~~;, 1997 .
SUBJ: Approve Developsnent ContraCt and Construcdoo Pl_ atid S~tiQn8for
< Stwer and WatCr Extension to Lot S. Btoot.i, Sun Ridge -ProjectNo. 97~19
The PI:oject involves ex,tending sanitary sewet:'UiIC and \yater line to serVice aaewlycreaf;(l Jot.
This lot was~tedlPproXimately one 'year ago ,through a'-s and ~'SUbdiVi$iolL One of
the conditiOils.6{Jpproval was for the4cvelopet to~tend~.wet_ '~'to s.etVe the lot. Due
to the s~p slCijies.~y:. ~le to;pr{)vide an acccptatite$6p*sift: ~_ched ' .
development conttac:tii1eurporates.cottditions of approval~the '$tl~ivislOn and,CQRsttUction .
plan andspecifi(:ation review proceSs. Staff has Qk~.:.ited'fi_ial security to .
guarantee compliancewi~ dlete~of thedev,lopil'Jent~at;i46,1~)(U)Oand the .
~velopment,contract administration fees ~$l,36tik $~thi$ ~was'previously
subdivided and recorded (metes and bOunds), ~"_ ~ StMP~~$:or .~; and 1'tailfees
charged at this time. . '.
On a related note, thi$ development is designated to hayeatrail~throu8b.it.Baek in
1987. with the origitW Slibdi~isio.n of'StwRi.,.the'~ eonveyed~'traiI~t 10 the .
City. However, liCCOrdbfgto CountY reootds,tl1is ~:w~~ver reeot~. 8ittce then the,
property has cbanjed oMl<<ship. It:is ~ at dUs__~ tnltl~tbe,
conveyed to the City ~ fIOCoSt as apart of the subdivisiol\ aitd~~.~anil, ipe(:ifjCation
approval pr~ss~The City wiltpttpare tilt l~alde$Ctiptioa ana 6talitofPe1'll1alltDt Easement
, for the developer to'execUte. '
It is therefore recolJlffiended that d1eCity CounCil approve ~ dewlopmentCQ1ltract tbUct.I.
October l3, 1997 and the constttldkm plans end ~f()t~S"Bloctl,~'Sumidge
Addition dated Se~tnber 2S~ f997 ,prepared 1>y EdPlbadlt A$soci~te$ico._nhtpon the
following: ' "
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LOT 5, BLOCK 1, SUN RIDGE
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
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. NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-3
8. OTHER SPECIAL CONDITIONS .................... ....... .... SP-3
9. GENERAL CONDITIONS ........................ . . . . . . . . . . . . . SP- 6
GENERAL CONDITIONS
1. RIGHT TO PROCEED....................................... GC-1
2. PHASE DEVELOPMENT.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-1
3. EFFECT OF SUBDIVISION APPROVAL......................... GC-1
4. IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-1
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
1 7 . S I GNAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC - 5
18. HOUSE PADS............................................. GC-5
19. RESPONSIBILITY FOR COSTS.. ................. ......... .,. GC-5
20. DEVELOPER'S DEFAULT.................................... GC-7
21. MISCELLANEOUS .
A. Construction Trailers ....... ......... ...... ....... GC-7
B . Pos tal Serv ice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC - 7
C. Third Parties .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-7
D. Breach of Contract ............. . . . . . . . . . . . . . . . . . . . GC-8
E. Severability...................................... GC-8
F. Building Permits.................................. GC-8
G. Waivers/Amendments .. ..... ... ... ....... ...... ...... GC-8
H. Release........................................... GC-8
I. Insurance......................................... GC-8
J. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-9
l
K. Assignability..................................... GC-g
L. Construction Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-g
M. Noise Amplification.... ................... ........ GC-g
N. Ac c e s s ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC -10
O. Street Maintenance ...... ............ ............. GC-10
P. Storm Sewer Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . GC-10
Q. Soil Treatment Systems.... ............ ....... .... GC-10
R. Variances........................................ GC-10
S. Compliance with Laws, Ordinances, and Regulations GC-10
T. Proof of Title................................... GC-11
U. Soil Conditions ..................................GC-11
V. Soil Correction ..................................GC-11
W. Haul Routes........................................ GC-11
X. Development Signs.................................. GC-11
II
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LOT 5, BLOCK 1, SUN RIDGE
SPECIAL PROVISIONS
AGREEMENT dated October 13, 1997, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and,
JAMAR INVESTEMENT INC., a Minnesota Corporation (the "Developer").
1. Request for Construction Plans & Specifications
Approval. The Developer has asked the City to approve construction
plans and specifications to extend utility service for two parcels
of land (referred to in this Contract as the "properties"). The
land is legally described on the attached Exhibit "A".
2. Conditions of Construction
Approval. The City hereby approves the
Developer enter into this Contract
required by it.
plans & Specifications
plans on condition that the
and furnish the security
3. Development Plans. The properties 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 properties.
If the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A:
Plans and Specifications for Improvements dated
September 25, 1997, prepared by william R. Engelhardt &
Associates, Inc.
Revised 3/22/94
SP-1
4. Improvements.
the following:
The Developer shall install and pay for
A. Sanitary Sewer System
B. Water System
C. Site Restoration
D. Erosion Control
E. Engineering, Inspection and Surveying
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1998. 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
$46,790.00. The amount of the security was calculated as 110% of
the following:
Sani tary Sewer...................................
$ 14,720.00
$ 8,660.00
$ 2,000.00
$ 3,000.00
$ 14,157.00
$ 42.537.00
Watermain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Erosion control..................................
Engineering, surveying, and inspection...... .....
Site Restoration.................................
TOTAL COST OF PUBLIC IMPROVEMENTS................
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1998. 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 all improvements are complete and
accepted by the City.
SP-2
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:
Jamar Investment, Inc.
c/o Larry E. Coulter Law Office
9100 West Bloomington Freeway, #122
Bloomington, MN 55431
Telephone: 888-9579
Facsimile: 888-2711
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 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937-1900.
8. Other Special Conditions.
A. The developer shall grant to the city permanent 10-foot wide
drainage and utility easements along each lot line and a 20-
foot wide drainage and utility easement for the extension of
municipal sanitary sewer and water lines across Parcels A and
B.
B. All areas disturbed during site grading shall be immediately
restored with seed and disc-mulched or wood fiber blanket
within two weeks of completing site grading unless MnDOT's
planting dates dictate otherwise. All areas disturbed with
slopes of 3:1 or greater shall be restored with sod or seed
and wood fiber blanket in accordance to the City's Best
Management Practices Handbook for erosion and sedimentation
control.
C. Full park and trail fees be paid at the time of building
permit approval in the amount of the park fee in force at the
time of building permit application.
D. No land alteration shall be permitted within the drainage
easement.
E.
The Developer shall be responsible
any / all property corners disturbed
construction activities.
for
as
replacement
a resul t
of
of
9. General Conditions. The general conditions of this
Contract, approved by the City Council on October 13, 1997 are
attached as Exhibit "B" and incorporated herein.
SP-3
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: JEANNE MITHUN
BY:
Its President
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ___
day of , 19 , by Nancy K. Mancino, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by Jeanne Mithun, President of
Jamar Investment, Inc., a corporation under the laws of the State
of Minnesota on behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-4
EXHIBIT nAn
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Parcel A:
That part of Lot 5, Block 1, SUN RIDGE, Carver County, Minnesota
lying north of the following described line: Commencing at the
most southerly corner of said Lot 5; thence North 14 degrees 28
minutes 21 seconds West along the westerly line of said Lot 5 a
distance of 230.00 feet to the point of beginning of said line to
be described; thence North 70 degrees 19 minutes 35 seconds East
655.68 feet to the easterly line of said Lot 5 and there
terminating.
Parcel B:
That part of Lot 5, Block 1, SUN RIDGE, Carver County, Minnesota
lying south of the following described line: Commencing at the
most southerly corner of said Lot 5; thence North 14 degrees 28
minutes 21 seconds West along the westerly line of said Lot 5 a
distance of 230.00 feet to the point of beginning of said line to
be described; thence North 70 degrees 19 minutes 35 seconds East
655.68 feet to the easterly line of said Lot 5 and there
terminating.
SP-5
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
Jamar Investment, Inc., fee owners of all or part of the subject
property, the development of which is governed by the foregoing
Development Contract, affirm and consent to the provisions thereof
and agree to be bound by the provisions as the same may apply to
that portion of the subject property owned by them.
Dated this
day of
, 19
Jamar Investment, Inc.
By:
Jeanne Mithun
Its President
STATE OF MINNESOTA
)
( ss.
)
COUNTY OF
The foregoing
day of
Jamar Investment,
corporation.
instrument was acknowledged before me this ___
,19 ,by Jeanne Mithun, President of
Inc. a Minnesota corporation on behalf of the
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-6
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 Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
GC-1
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 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) two complete sets of blue line 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, 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 1 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 A, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
GC-2
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
7a. Erosion control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code ~ 20-94.
8. Clean up. The Developer shall maintain a neat
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 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 attesting to same with
appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking paYment out of
the financial guarantees posted with the City, and if the claims
are not 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,
GC-3
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.
12. Landscaping. NOT APPLICABLE.
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 twelve (12) months
from the time of transplanting. The Developer or his contractor(s)
shall post a letter of credit or other security acceptable to the
City to secure the warranties at the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits,
an acceptable Grading, Drainage, Erosion Control including silt
fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re-spread against the plat in accordance with City
standards.
16. Street Lighting. NOT APPLICABLE.
17. Signage. NOT APPLICABLE.
18. House Pads. NOT APPLICABLE.
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's cost for
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resident construction inspections.
calculated as follows:
The fee shall be shall be
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 (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 Slgns 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 out-of-pocket costs incurred by
the City for providing resident 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
GC-5
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 addi t ion to the
referred to herein, other charges
imposed such as, but not limited
("SAC"), City water connection
charges, and building permit fees.
charges and special assessments
and special assessments may be
to, sewer availability charges
charges, City sewer connection
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. NOT APPLICABLE.
C. Third Parties. Third parties shall have no recourse
against the City under this Contract. The City is not a guarantor
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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 A 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 s~x (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
GC-7
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 Development
Contract. 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 1S cumulative and 1n 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 and for home and building
construction in the plat, except for work that cannot be heard
outside the home or building, 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 Development shall pay the
following administrative penalties:
First violation
Second violation
Third & subsequent violations
$ 500.00
$ 1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor
loudspeakers, bullhorns, intercoms, and similar devices 1S
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.
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N. Access. NOT APPLICABLE.
O. Street Maintenance. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage.
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 one (1) years after the public
improvements in the plat have been accepted by the City.
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. NOT APPLICABLE.
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 agencles, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencles,
departments and commissions.
T. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
V. Soil Correction. The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
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. 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 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.
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CITY OF CHANHASSEN
LOT 5, BLOCK 1, SUNRIDGE
PROJECT NO. 97-19
BREAKDOWN OF ADMINISTRATION FEES -10/7/97
Estimated Total Cost of Public Improvements.................................................................... $ 42,537.00
- 3% of Public Improvement Costs (Under $500,000)........................................................ $ 1,276.11
- Attorney Fee for Recording Development Contract)........................................................ $
50.00
- Recording Fees
a. Development Contract... .......... ........ ....... .............. ...... ........ ......... ............. ......... $
b. Drainage and Utility Easement... ....... ........ ..... ...... ......... ...... ........... ........... ......... $
30.00
30.00
- GIS Fees.... ................. ...................... .......... ....... ....... ...... ...... ........ ............. ................ ....... $
25.00
TOTAL ADMIN'ISTRA TION FEES ........................................................................... S
1.361.11
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