6c. Development Contract & Plans & Specs for Woodridge Hts
CITY OF
CHAHHASSEN
be..
-
MEMORANDUM
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
(1.r,::;:I'v-.1 (q cl~\'::';~.i~~l:;q'!'I.iG Copy
J. ., u .~~. M_ ,~.. t-.#I!.~ ".-.an'..~ ~
Recelv()~! ___.
TO:
Charles Folch, Director of Public Works
Dave Hempel, Assistant City Engineer ff!I:f
R~rJ~sicn tt~~:;. .'__...-...
DATE:
March 5, 1997
l-\p;.lr~\!~~.d ~)\: ;::;l\y r=nainOG,-
GatG 4-..2.- s-- 92_
!\pprove(l by CiiV CO:JncU
FROM:
O(.h: ..~__.._"____.~_.,~
SUBJ:
Approve Development Contract and Construction Plans and Specifications for
Woodridge Heights 1st & 2nd Additions - Project No. 97-5
The attached development contract incorporates the conditions of approval from the fmal platting
and construction plans and specifications review process. Staff has calculated the required
fmancial security to guarantee compliance with the terms of the development contract at
$1,240,910.00 and the development contract administration fees total $91,026.90 which includes
SWMP fees and 113 of the required Park and Trail fees.
The applicant has also submitted detailed construction plans and specifications for staff review
and City Council approval. Staff has reviewed the construction plans and specifications and finds
the specifications in general conformance to the City standards; however, the construction plans
still need some minor modifications. The plans were recently returned for modifications. Staff
requests that the City Council grant staff the flexibility to administratively approve the plans after
working with the applicant's engineer in modifying the plans accordingly to meet City standards.
It is therefore recommended that the construction plans and specifications for Woodridge Heights
1st & 2nd Additions dated February 14, 1997, revised March 10, 1997, prepared by Westwood
Professional Services, Inc. and the development contract dated March 10, 1997 be approved
conditioned upon the following:
1. The applicant enter into the development contract and supply the City with a cash escrow
or letter of credit in the amount of $1,240,910.00 and pay an administration fee of
$91,026.00.
2.
The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
Attachments: 1.
2.
Development contract dated March 10, 1997.
Construction plans and specifications are available
for review in the Engineering Department.
Breakdown of administration fees dated March 3, 1997.
AttIDft 6V City Ammiflstratm'
Endorsed ~ ~ A-
Modified
Rejected
Date ~ -l) -tf 7
Date Submitted to Commission
3.
c: Kathy Faragher, Centex Homes
-
Date !'pf.,,'ltrr; to Council
~:(p-r,
---
\ 'cfsl\vol2\eng'dave\;c\woodridge 1 &2.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WOODRIDGE HEIGHTS 1ST & 2ND
ADDITIONS
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
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-7
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 - 4
14. LOT PLANS............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
15. EXISTING ASSESSMENTS ....... ...... ...................... GC-5
16. STREET LIGHTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
17. SIGNAGE................................................ GC-5
18. HOUSE PADS............................................. GC-5
19. RESPONSIBILITY FOR COSTS............................... GC-5
20. DEVELOPER'S DEFAULT.................................... GC-7
21. MISCELLANEOUS
A. Construction Trailers ...... ............... ........ GC-7
B. Postal Service.................................... GC-7
C. Third Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-7
D. Breach of Contract................................ GC-7
E. Severability...................................... GC-7
F. Building Permits.................................. GC-7
G. Waivers/Amendments................................ GC-8
H. Release........................................... GC-8
I. Insurance......................................... GC-8
J. Remedies ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC- 8
l
K. Assignability..................................... GC-9
L. Construction Hours................................ GC-9
M. Access ............................................ GC-9
N. Street Maintenance................................ GC-9
o. Storm Sewer Maintenance........................... GC-9
P. Soil Treatment Systems................. ...... ..... GC-9
Q. Variances........................................ GC-10
R. Compliance with Laws, Ordinances, and Regulations GC-10
S. Proof of Title................................... GC-10
T. Soil Conditions .................................. GC-10
U. Soil Correction.................................. GC-10
V. Haul Route....................................... GC-ll
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WOODRIDGE HEIGHTS 1ST & 2ND ADDITIONS
SPECIAL PROVISIONS
AGREEMENT dated March 10, 1997, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and,
CENTEX HOMES, a Nevada General Partnership (the "Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve the plats of woodridge Heights 1st & 2nd Additions
(referred to in this Contract as the "plats"). The land is legally
described on the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves
the plats on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plats shall be developed ln
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, 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, prepared by Westwood Professional Services,
Inc., approved by the Chanhassen City Council on March
10, 1997.
Plan B:
Grading, Drainage and Erosion Control Plan dated
February 14, 1997, revised March 10, 1997, prepared by
Westwood Professional Services, Inc.
Plan C:
Plans and Specifications for Improvements dated February
14, 1997, revised March 10, 1997, prepared by Westwood
Professional Services, Inc.
Plan D:
Landscape plan dated January 7, 1997, revised February
27, 1997, prepared by Dean Bailey 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. Storm Water Drainage System
D. Streets & Trail
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading/Wetland Mitigation and Monumentation
I. Underground Utilities (e.g. gas, electric, telephone,
CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
M. Erosion Control
N. Site Restoration
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
$1,240,910.00. The amount of the security was calculated as 110%
of the following:
Street lights and signs..........................
$ 248,800
$ 170,000
$ 141,700
$ 109,000
$ 297,700
$ 2,000
$ 30,500
$ 60,000
Si te Grading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sani tary Sewer...................................
Watermain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Storm Sewer, Drainage System,
including cleaning and maintenance...............
Streets/Trail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Erosion control/site restoration.................
Engineering, surveying, and inspection.... .......
SP-2
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 68, 200
Wetland Monuments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 200
TOTAL COST OF PUBLIC IMPROVEMENTS............... $1.128.100
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 ln
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Centex Homes
12400 Whitewater Drive
Suite 120
Minnetonka, MN 55343
Phone: 612-936-7833
Fax: 612-936-7839
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, Fax (612) 937-5739.
8. Other Special Conditions.
1st Addition
A. Revise the lot line between Lots 2 and 3, Block 3, to
provide a minimum of 90 feet of frontage per Lot.
B. A ten foot clear space must be maintained around fire
hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, NW Bell,
Cable TV, transformer boxes. This is to ensure that fire
SP-3
hydrants can be quickly located and safely operated. Pursuant to
Chanhassen City Ordinance Sec. 9-1.
C. Full park and trail fees shall be collected per city
ordinance.
D. An 8 foot bituminous trail shall be constructed
parallel to Lake Lucy Road. The construction will be
incorporated into the Lake Lucy Road extension project. The
developer shall be reimbursed for the full cost of said trail
from the city's trail fund if the developer constructs said trail
as part of their project.
E. Obtain demolition permits for any buildings to be
removed before their removal.
F. A landscape buffer shall be required along the length
of County Road 117, Galpin Boulevard, and along both sides of the
Lake Lucy Road extension, section 18-61 (a) (5). Tree protection
fencing shall be installed around all treed areas to be
preserved. Appropriate financial guarantees acceptable to the
city shall be required.
G. The landscape plan shall be revised to relocate three
of the trees from between Lots 5 - 10, Block 3, to create another
grouping consisting of two white oak and one ash in the area of
Lots 3 and 11, Block 3.
H. The following tree conservation and forestation areas
shall be dedicated as part of the final plat: a 30 foot easement
along the northern boundary of the site; the eastern 30 feet of
Lots 2 through 7, Block 3; and the western 30 feet of Lots 8
through 11, Block 3.
I. The applicant's SWMP fee for Woodridge Heights Addition
is $38,109.40 assuming 22.53 acres of developable land. The SWMP
fees are payable to the city at time of signing the final plat.
J. The applicant shall report to the City Engineer the
location of all drain tiles found during construction. Drain
tile shall be relocated or abandoned as directed by the City
Engineer.
K. The existing outbuildings and any septic system or
wells on the site shall be abandoned in accordance with City
and/or State codes. The existing house on Lot 14, Block 3 shall
be connected to the new sanitary sewer line within 30 days after
the line becomes available. The well may be utilized as long as
the well is on the lot and functional. Once the well fails or
SP-4
the property 1S sold, the property owner shall connect to city
water.
L. The applicant will be required to enter into a
development contract with the City and provide the necessary
financial security to guarantee the installation of the public
improvements and compliance of the conditions of approval.
M. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates. Detailed street and
utility construction plans and specifications shall be submitted
to staff for review and formal approval by the City Council in
conjunction with final plat consideration.
N. The applicant shall apply for and obtain the necessary
permits from the Watershed District, DNR, Department of Health,
MPCA and other appropriate regulatory agencies and comply with
their conditions of approval.
o. Upon completion of site grading, all disturbed areas
shall be restored with seed and disc-mulched or wood-fiber
blanket within two weeks of completing the site grading unless
the City's Best Management Practice Handbook planting dates
dictate otherwise. All erosion control measures shall be in
accordance to the City's Best Management Practice Handbook.
P. Upon completion, the developer shall dedicate to the
City the utility and street improvements within the public right-
of-way and drainage and utility easements for permanent
ownership.
Q. The existing home on Lot 14, Block 3 shall change its
address to be compatible with the City's addressing system once
the street has been constructed adjacent the house. The existing
driveway from Galpin Boulevard shall be relocated to Briarwood
Court after the new street is constructed.
R. Preliminary and final plat approval shall be contingent
upon utilities being extended from Brenden Ponds unless other
feasible alternatives are provided to the City for review and
approval.
S. Direct driveway access on to Lake Lucy Road or Galpin
Blvd. shall be prohibited.
T. Berming and landscaping may encroach upon the City's
right-of-way along Lake Lucy Road commencing 14 feet behind the
curb conditioned upon the applicant entering into an Encroachment
Agreement with the City.
SP-5
u. The applicant shall be responsible for rough grading
and restoration of the portion of Lake Lucy Road through Brenden
Ponds for the extension of utilities to Woodridge Heights.
v. The applicant's engineer shall work with City staff in
revising the construction plans and specifications to meet the
city design standard for street and utility construction.
W. The proposed Black Hills spruce trees within Manchester
Drive right-of-way should be relocated outside the right-of-way
or on adjacent private property outside the plat. If the trees
are to remain, the City shall not be responsible for replacement
or relocation when the street is extended or performing
maintenance functions to the City's infrastructure.
x. The final plat shall be revised to increase the 25-foot
wide drainage and utility easement in the northeast corner of Lot
16, Block 3 to 35 feet in order to encompass the proposed storm
sewer.
Y. The applicant shall recelve credits against their
sanitary sewer and water hook-up fees at time of building permit
issuance for the oversizing cost of the watermain (12" vs. 8") in
Lake Lucy Road, abandonment of the City's booster station and
utility extension through Brenden Ponds. The total amount of
credit shall be determined based on final quantities and formal
acceptance of the utilities by the City.
Z. Two model home permits may be issued in the first
addition upon the final plat being recorded. Access to the
dwellings shall meet the fire marshal's requirements.
AA. Lake Lucy Road shall be designed and constructed to
meet state aid horizontal and vertical standards. A no parking
zone shall be designated along the north sides of Lake Lucy Road.
2nd Addition
BB. The following tree conservation and
shall be dedicated as part of the final plat:
along the northern boundary of the site; a 50
the western lot line of Outlot A.
forestation areas
a 30 foot easement
foot easement along
CC. A 10 foot clear space must be maintained around fire
hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, us West,
Cable TV, transformer boxes, mailboxes. This is to ensure that
fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance 9-1.
SP-6
DD. No burning permits for trees removed will be issued.
Any downed trees will have to be chipped on site or hauled off
site.
EE. The proposed development will be responsible for a water
quantity and quality fees of $979.40 assuming 6.78 acres of
developable land.
FF. Wetland buffer areas shall be surveyed and staked in
accordance with the City's wetland ordinance. The city will
install wetland buffer edge signs before construction begins and
will charge the applicant $20 per sign. The proposed buffer strip
shall be shown on the grading plan.
GG. Access to Lots 1 through 8, Block 1 and Lots 1 and 2,
Block 2 along Lake Lucy Road will be restricted to shared access
points shown on the final construction plans.
HH. The applicant shall report to the City Engineer the
location of all drain tiles found during construction. Drain
tiles shall be relocated or abandoned as directed by the City
Engineer.
II. Upon completion of site grading all disturbed areas
shall be restored with seed and disc-mulched or wood-fiber
blanket within in one week of completing site grading unless the
City's Best Management Practice Handbook planting dates dictate
otherwise.
JJ. Upon completion the developer shall dedicate to the
City utility and street improvements within the public right-of-
way and drainage and utility easements for permanent ownership.
KK. Lake Lucy Road shall be designed and constructed to
meet state aid horizontal and vertical standards. A no parking
zone shall be designated along the north sides of Lake Lucy Road.
LL. The storm water pond south of Lake Lucy Road shall be
constructed with the initial phase of grading.
MM. The applicant shall dedicate on the final plat a
drainage easement over the wetlands on Outlot B, Woodridge
Heights 2nd Addition."
9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
attached as Exhibit "B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
CENTEX HOMES:
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19_, by Nancy K. Mancino, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of ,19 ,by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
woodridge Heights 1st Addition
That part of the South Three-Quarters of the East One-Half of the Southwest Quarter and
the Northwest Quarter of the Southwest Quarter of Section 3, Township 116 North, Range
23 West described as follows:
Commencing at the South Quarter corner of said Section 3 then west along the south line
of said Sect ion 320.5 feet to the center of the new Excelsior Chaska Road, as surveyed
and staked out, to the point of beginning of the land to be described; thence continuing
west 1000.00 feet to the Southwest corner of said East One-Half of said Southwest
Quarter to an iron monument; thence north along the fence line L 334 feet to an iron
monument at the fence corner; thence westerly along the fence line 1330.5 feet to the
west line of said Section 3 to an iron monument; thence north along the fence line
1315.5 feet to an iron monument, being the West Quarter corner of said Section; thence
east along the north line of the Northwest Quarter of the Southwest Quarter of said
Section 3, a distance of 822 feet to an iron monument which site 530.4 feet west of the
northeast corner thereof; thence south along fence 657 feet to an iron monument; thence
east along fence line 531 feet to an iron monument; thence continuing east 1325 feet to
a point on the North-South Quarter line which is 664 feet south of the center of said
Section 3; thence continuing east 19 feet to a point in the center line of the new
Excelsior Chaska Road, more definitely defined as station 78 of road survey; thence
South along the centerline of said road 112.9 feet to the beginning curve; thence
southwesterly along the center line of said road to the point of beginning. EXCEPT that
part of the south 835.33 feet of the East One-Half of the Southwest quarter, Section 3,
Township 116, Range 23, Carver County, Minnesota as measured at right angles to and
parallel with the south line of said East One-Half of the Southwest Quarter, lying
westerly of the center line of Carver County Road No. 117, and EXCEPT that part of the
Northwest Quarter of the Southwest Quarter of Section 3, Township 116, Range 23, Carver
County, Minnesota lying westerly, southerly and westerly of the following described
line:
Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter;
thence easterly along the north line of said Northwest Quarter of the Southwest Quarter
to a point 530.40 feet west of the northeast corner of said Northwest Quarter of the
Southwest Quarter to the point of beginning of the line to be described; thence
southerly parallel with the east line of said Northwest Quarter of the Southwest Quarter
a distance of 657.00 feet; thence easterly parallel with the north line of said
Northwest Quarter of the Southwest Quarter a distance of 270.4 feet; thence south
parallel with the east line of said Northwest Quarter of the Southwest Quarter to the
south line of said Northwest Quarter of the Southwest Quarter and said line there
terminating.
Woodridge Heights 2nd Addition
Outlots A & 8, Woodridge Heights.
Sp-g
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this
day of
, 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-10
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.
day of
, 19
Dated this
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plats 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 plats have 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
expense, have one or more construction inspectors and a soil
GC-1
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 improvements 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 I s surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6.
agents,
plat to
City in
License. The Developer hereby grants the City,
employees, officers and contractors a license to enter
perform all work and inspections deemed appropriate by
conjunction with plat development.
its
the
the
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer I s expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer I s and City I S rights or obligations hereunder. No
GC-2
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code ~ 20-94.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement 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,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
GC-3
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One-third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Landscaping shall be installed in
accordance with Plan D. The applicant shall plant buffer yard
landscaping areas (Galpin Boulevard and Lake Lucy Road and
reforestation area of Block 3, Woodridge Heights) within 45 days
after site grading is completed.
In addition to any sod required as a part of the erosion control
plan, plan B, the Developer or lot purchaser shall sod the
boulevard area and all drainage ways on each lot utilizing a
minimum of four (4) inches of topsoil as a base. Seed or sod shall
also be placed on all disturbed areas of the lot. If these
improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the
form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months
after the certificate of occupancy issued, except that if the
certificate of occupancy is issued between October 1 through May 1
these conditions must be complied with by the following July 1st.
Upon expiration of the time period, inspections will be conducted
by City staff to verify satisfactory completion of all conditions.
City staff will conduct inspections of incomplete items with a
$50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactory inspection, the financial guarantee
shall be returned. If the requirements are not satisfied, the City
may use the security to satisfy the requirements. The City may
also use the escrowed funds for maintenance of erosion control
pursuant to City Code Section 20-94 or to satisfy any other
requirements of this Contract or of City ordinances. These
requirements supplement, but do not replace, specific landscaping
conditions that may have been required by the City Council for
project approval.
13. Warranty. The Developer warrants all work required to
be performed by it against poor material and faulty workmanship for
a period of two (2) years after its completion and acceptance by
the City. All trees, grass, and sod shall be warranted to be
GC-4
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 planting. 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. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street
monumentation required by the
improvements shall be furnished
sole expense of the Developer.
name, traffic signs, and wetland
City as a part of the public
and installed by the City at the
18. House Pads. The Developer shall promptly furnish the
City "as-built" plans indicating the amount, type and limits of
fill on any house pad location.
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City I s cost for
resident construction inspections. The fee shall be 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;
GC-5
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 plats, 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. PaYffient shall be due in
accordance with Article 19E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may payor incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer mayor may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
GC-6
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.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided the Developer is first given notice of the work in
default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
A. Construction Trailers. Placement of on-site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre-construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service. The Developer shall provide for the
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties. Third parties shall have no recourse
against the City under this Contract.
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.
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
GC-7
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 SlX (6) months after the City has accepted the public
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and ln 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.
GC-8
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. The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 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.
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. 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.
M. Access. All access to the plats 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.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
of City snow plowing service does not constitute final acceptance
of the streets by the City.
O. 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 plats. 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
improvements in the plat have been accepted by the City.
P. Soil Treatment Systems. N/A
GC-9
Q. variances. By approving the plats, the Developer
represents that all lots in the plats are buildable without the
need for variances from the City's ordinances.
R. 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 agencles,
departments and commissions.
S. 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.
T. 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.
U. 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.
GC-10
v. Haul Routes. Bluff Creek Drive from Trunk Highway
212 to pioneer Trail (CSH 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.
GC-11
CITY OF CHANHASSEN
WOODRIDGE HEIGHTS 1ST & 2ND ADDITIONS
PROJECT NO. 97-5
BREAKDOWN OF ADMINISTRATION FEES - 3/3/97
Estimated Total Cost of Public Improvements................................................................ $1,009,900.00*
- 2-1/2% of Public Improvement Costs Up To $1,000,000.............................................. $ 25,000.00
- 1-1/2% of Public Improvement Costs Over $1,000,000................................................. $
148.50
- Street Lighting Charge (for electricity)
Ten Lights @ $200.00.............. ................... .............. ...... ..................... ................ $
2,000.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) ................. ................. ........................... ........ ............. $
700.00
- Recording Fees
a. Development Contract.......... ............... .................... ........................................ $
b. Plat Filing ....... ............................. ................... ...................... ............... ............. $
30.00
60.00
- Park Fees (1/3) [45 lots x $1,200/3] ............................................................................... $ 18,000.00
- Trail Fees (1/3) [45 lots x $400/3] .................................................................................. $ 6,000.00
- SWMP Fees
1 st Addition................... ................ .................... ......................... ................................. $ 38,109.00
2nd Addition ................... ......................... .................... ................................ ............... $ 979.40
TOTAL ADMIN"ISTRA TION FEES ........................................................................... $ 91.026.9f)
*This figure does not include landscaping ($68,200), utility oversizing or trail costs ($50,000).
\'dsl\vo12\eng\dc\woodridge heights 1&2.fee.doc