A754588 Development ContractDocument Number: A754588
Filed and/or Recorded on
Nov 16, 2022 1:46 PM
Office of the County Recorder/Registrar of ities
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy TH
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 30
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROVAL............................................................................SP-1
2. CONDITIONS OF PLAT APPROVAL........................................................................ SP-1
30 DEVELOPMENT PLANS............................................................................................ SP-1
4. IlVIPRO . EMENTS........................................................................................................SP-2
5. TIME OF PERFORMANCE......................................................................................... SP-2
6. SECURITY....................................................................................................................SP-2
7. NOTICE......................................................................................................................... SP-3
8. OTHER SPECIAL CONDITIONS................................................................................ SP-3
9. GENERAL CONDITIONS....... 0*0 0000000 004 00 SPww5
GENERAL CONDITIONS
1. RIGHT TO PROCEED.................................................................................................GC-1
2. PHASED DEVELOPMENT.........................................................................................GC-1
3. PRELIMINARY PLAT STATUS................................................................................GC-1
4. CHANGES IN OFFICIAL CONTROLS............009090009000....................................00090.00.GC-1
5. IMPROVEMENTS.......................................................................................................GC-1
6. IRON MONUMENTS..................................................................................................GC-2
7. LICENSE......................................................................................................................GC-2
8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHERBUILDING.....................000900009.......................0000090.00.000...........0090000000.GC-2
9. CLEAN UP...................................................................................................................GC-3
10. ACCEPTANCE AND OWNERSHIP OF IlVIPROVEMENTS....................................GC-3
11. CLAIlVIS........................................................................................................................GC-3
12. PARK DEDICATION......................Soo .........................................................................GC-3
13. LANDSCAPING..........................................................................................................GC-3
14. WARRANTY............. 00006 000*00 00000 0000600900 000 000000 00 09*0*00 60090099000 000090 000 goes 4006GC4
15. LOT PLANS....................................wee ..... see ........ egos .............................................. eggs ....GC-4
16. EXISTING ASSESSMENTS.......................................................................................GC-4
17. HOOK-UP CHARGES ................................. .....GC-4 ...........................................................
18. PUBLIC STREET LIGHTING.....................................................................................GC-4
19. SIGNAGE.....................................................................................................................GC-5
20. HOUSE PADS..............................................................................................................GC-5
21. RESPONSIBILITY FOR COSTS................................................................................GC-5
22. DEVELOPER'S DEFAULT....... *woo 0 *0 00 0*0 00 00 00*00 so* &*woo woo 0** 0*0*0 00** 6*6*00600 0006 60**o woo&* owooGCwm6
22. MISCELLANEOUS
A. Construction Trailers.........................................................................................GC-6
Be Postal Service....................................................................................................GC-7
C. Third Parties............... 0*00000 0*0 o**9GCge7
D. Breach of Contract............................................................................................GC-7
E. Severability.......................................................................................................GC-7
i
F. Building Permits...............................................................................................GC-7
G. Waivers/Amendments.......................................................................................GC-7
H. Release..............................................................................................................GC-7
I. Insurance...........................................................................................................GC-7
J. Remedies...........................................................................................................GC-8
K. Assignability.....................................................................................................GC-8
L. Construction Hours...........................................................................................GC-8
M. Noise Amplification..........................................................................................GC-8
N. Access...............................................................................................................GC-8
O. Street Maintenance............ 60 0 00000 0*0 00 0 00 6*0 as ***see 0 0 90*0 0*0 00 0 00*60990* %***a*** *so***** 0000 a 0000 000 0GC4
P. Storm Sewer Maintenance................................................................................GC-9
Q. Soil Treatment Systems....................................................................................GC-9
R. V-ariances...........................................................................................................GC-9
Siance with Laws, Ordinances, and Regulations
. Compl.....................................GC-9
T. Proof of Title.....................................................................................................GC-9
U. Soil Conditions................................................................................................GC-10
V. Soil Correction................................................................................................GC-10
W. Haul Routes..........................................................................................................GC-10
CDevelopment Signs..............................................................................................GC-10
Y. Construction Plans...............................................................................................GC-10
Z. G
As -Built Lot Surveys...........................................................................................C-11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SPECIAL PROVISIONS
AGREEMENT dated June 13, 2022 by and between the CITY OF CF[ANHASSEN, a
Minnesota municipal corporation (the "City"), and, Black Cherry Development, LLC, a Minnesota
limited liability company (the "Developer").
1-.- Request for Plat Approval. The Developer has asked the City to approve a plat for
ERHART FARM (referred to in this Contract as the "plat"). The land is legally described on the
attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement of any
work in the plat. 'If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved June 13, 2022, prepared by Alliant Engineering, Inc.
Plan B: Grading, Drainage and Erosion Control Plan dated October 17, 2021, prepared by
Alliant Engineering, Inc.
Plan C: Plans and Specifications for Improvements dated October 17, 2021, prepared by
Alliant Engineering, Inc.
Plan D: Landscape Plan dated March 17, 2021, prepared by Alliant Engineering, Inc.
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (a.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements except
for the wear course on public streets by November 15, 2022. The Developer may, however, request
an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and the extended completion
date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto,
from a bank acceptable to the City, or cash escrow ("security") for $2,716,664.34. The amount of the
security was calculated as 110% of the following:
Erosion Control/Restoration $ 30,760.00
Sanitary Sewer $ 910,643.72
Watermain $ 3195818031
Storm Sewer, Drainage System, including cleaning and maintenance $ 302,621.85
Streets $ 499,365053
Grading
$ 202,565.69
Sub -total, Construction Costs $2,265,775.10
Engineering, surveying, and inspection (7% of construction costs) $ 158,604.26
Landscaping (2% of construction costs) $ 45,315.50
Sub -total, Other Costs $ 203,919.76
TOTAL COST OF PUBLIC IlVIPROVEMENTS $2,469,694.86
SECURITY AMOUNT 110% of $2,469,694.8 $2,716,664.34
This breakdown is for historical reference; his not a restriction on the use of the security. The security
shall be subject to the approval of the City. The City may draw down the security, after reasonable
notice to the developer, for any violation of the terms of this Contract. If the required public
improvements are not completed at least thirty (3 0) days prior to the expiration of the security, the
City may also draw it down. If the security is drawn down, the draw shall be used to cure the default.
With City approval, the security may be reduced from time to time as financial obligations are paid,
but in no case shall the security be reduced to a point less than 10% of the original amount until (1)
all improvements have been completed, (2) iron monuments for lot corners have been installed, (3)
all financial obligations to the City satisfied, (4) the required "record" plans have been received by
the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the
City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address:
Timothy A. Erhart
Black Cherry Development, LLC
9 511 Meadowlark Lane
Chanhassen, MN 55317
Phone: 612-963-0733
E-Mail: terhart@rikor.com
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
2274100.
8. Other Special Conditions.
A. FEES
1. Prior to release of the plat for recording and prior to scheduling apre-construction meeting
for installation of public improvements, Developer shall submit to the City $272,247.08 for the
following City fees.
A 'on fee (based on estimated construction cost of $2,265,775.101 2.5%for the
first $1,000,000 + 1.5% of the remainder)
$43,986.63
GIS fee: 31 parcels $30/parcel + $100 for the plat
$670000
Partial payment of City sewer and water hookup fees:
18 units $691/unit sewer + $2,562/unit water
$5810554000
Street light operating fee: 3 lights @ $300/li t
$900000
Attorney Fee for Review and Recording of Plat and DC $450 — Paid with Application
$0.00
Park Fee: 18 units $5,800/unit (single family residential)
$104,400.00
Surface Water Management Fee
$63,736.45
Total
$272,247.08
B. CONDITIONS OF APPROVAL
1. A bung permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
1. Easements identified within the platted area must be vacated prior to or concurrently with
the recording of the final plat.
2. The driveway to the existing residence proposed to remain (Lot 1, Block 1, Butternut
Ridge) must be surfaced with bituminous, concrete or other hard surface material.
3 . The developer and their design team must work with staff to update the public street
layout and design, including sidewalk and trail locations.
4. All wetland spoils associated with Interim Use Permit 42021-03 must be removed from
areas where public improvements are proposed. A geotechnical engineering firm shall be
on -site during grading operations to ensure the City's Standard Specifications and Detail
Plates are adhered to along with any Minnesota Building Code requirements.
5. The developer's engineer shall ensure that the maximum driveway grades shown on the
plan are calculated such that a 10-foot landing is provided where the driveway connects
to the street and a 5- to 10400t landing is provided at the garage.
6. Any wells located on the property to be developed must be properly abandoned.
7. The developer must work with staff in the final construction plans and details of the
proposed lift station along with its location.
8. A geotechnical engineer's recommendation on proper back fill and compaction for the
force main extended through the abandoned lift station location must be provided.
9. The developer will be reimbursed for the removal %J the temporary cul-de-sac and
extension of the street and sidewalk in this area in the amount of $33,750.00.
10. If "Eagle Ridge Way" is to facilitate parking on one -side of the road, the width will be
required to be updated on the plans to a minimum of 26 feet wide from face -of -curb to
face -of --curb. Face -of -curb is considered 12 inches from back -of -curb with the
surmountable curb design.
11. All locations where the extension of public streets may occur shall have barricades and
"Future Street Extension" signs erected.
12. All comments and conditions associated with Carver County's "Development /Access
Review" memo dated January 10, 2022 must be addressed or met, as applicable, prior to
the City considering approval of the final plat.
13. The final plat shall be updated to ensure drainage and utility easements (DUE)_ around the
pond and infiltration basin encompass an area that is a minimum of one foot higher than
the 100-year high water level (HWL).
14. The applicant must provide DUE that facilitate a contiguous connection between the
newly dedicated DUE or right -of --way with Erhart Farm and the existing Lot 1, Block 1,
Butternut Ridge.
15. The newly proposed public lift station shall be located on an outlot dedicated to the City
concurrently with the recording %J the final plat.
16. The developer will be required to extend the 12" trunk water main and the City will
reimburse the developer for the cost difference of oversizing this extension, along with its
appurtenances, from 8" to 12".
17. The developer will be reimbursed 290/n of the cost for oversizing the lift station, which
will include the following lift station components: lift station wet well, lift station
pumps/hardware, lift station control panel, lift station driveway/pad, transformer, bored
power for lift station, direct bury power for lift station. The developer will also be
reimbursed an additional 10% of the oversizing cost to account for design, testing and
administration fees associated with the oversizing of the lift station.
18. The developer will be reimbursed for the cost of construction of the lift station in the
amount, of $48,725.04 as this was escrowed by the Foxwood development for the
construction of the permanent lift station.
19. The developer will be reimbursed for the removal of the temporary lift station in the
amount of $10,000,00,
20. Issuance of a Notice to Proceed (NTP) for the development shall not be granted until the
public utilities being extended from the Foxwood development have been accepted.
21. A copy of all required permits from the appropriate regulatory agencies shall be provided
to the City which shall include but is not limited to the Minnesota Department of Health,
Metropolitan Council Environmental Services, Riley Purgatory Watershed District, and
the Minnesota Pollution Control Agency prior to issuance of a NTP.
22. The applicant shall enter into a Development Contract with the City and pay all the
applicable fees and securities prior to recording of final plat.
23. Tree preservation fencing shall be installed at the edge of clearing limits and around
prior to any construction activities and remain installed until
existing trees to be saved
completion.
25. A preconstruction meeting shall be held by the developer and their contractors) with the
City and its representatives prior to grading operations.
26. A geotechnical engineer shall be on site during grading operations. If groundwater is
encountered during grading, grades shall be adjusted to maintain a 3400t separation from
the bottom floor elevation and adhering to the recommendations of the soil engineer on
site. Changes to grades shall be submitted to the City for review and approval.
27. Haul routes for the import or export of soil, construction material, construction equipment
or construction debris, or any other purpose, shall be provided prior to commencement of
grading operations.
28. The applicant shall provide an updated SWPPP that shall meet all requirements set forth
in the applicant's NPDES Construction Permit, such as locations of concrete wash -outs,
stockpile areas, estimated quantities of erosion control BMPs, training credentials of
SWPPP installer, prior to commencement of grading operations.
29. The applicant shall supply a dewatering plan to the Water Resources Engineer for review
and approval prior to dewatering activities on site.
30. A landscaping security of $100,000.00 was required upon issuance of the Grading DC,
dated October 25, 2021, associated with the development. Upon receipt of the updated
engineer's estimate, this amount shall be reduced to $45,315.50.
SP- 6
31. An erosion control security for 1107o of the cost of erosion and sediment controls, or
$22,445.07, was required upon issuance of the Grading DC dated October 25, 2021,
associated with the development. The updated engineer's estimate indicates that an
will be required for erosion control security and must be provided
additional $8,314.93
prior to or concurrently with the recording of the final plat.
32. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed
District shall be addressed by the applicant prior to grading operations.
Environmental Resources
1. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
2. No trees shall be located within the right-of-way or sight triangles.
3. Lots 4 thru 9 shall have only one tree required in the front yard.
4. Lots 4 thru 10 shall have a Conservation Easement covering the existing wooded areas in
the rear yards.
5. Lots 1 thru 3 and 11 thru 13 shall have a Conservation Easement over the reforestation area.
6. All potted trees will have animal protection installed at planting time.
7. All Conservation Easement areas shall have signage posted at the property corners on each
lot.
8. Required tree plantings may only be located on Lots 1 thru 19 and Outlots A and C and
limited areas in Outlot B.
9. A revised landscape plan with a complete Plant Schedule listing quantities, plant names,
sizes and survey symbol and showing the locations of all 314 trees must be submitted to the
city for approval prior to a NTP.
10. The applicant shall submit a plan showing the proposed Conservation Easement for City
approval and shall be recorded concurrently prior to the Notice to Proceed.
11. At the time of final landscape inspection, any transplant trees found to have less than 70%
canopy or are dead will be required to be replaced with 2.5" nursery stock.
110 potted nursery stock, 31 on -site
12. Totals for tree stock sizes include 146 - 2.5" B&B,
transplants, and 27 previously installed transplants.
SP- 7
13. The applicant shall submit a tentatively scheduled planting date as well as a maintenance
plan that includes regular weekly watering prior to the Notice to Proceed.
Fire
1. No landscaping (trees, shrubs, plants) to be installed within three feet in all directions
around each hydrant.
2. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
3. Eagle Ridge Way shall be posted No Parking on one side of the road.
4. Elevation drops and grading for roads will need to meet fire access road maximum of 10%.
5. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work is
acceptable.
6. May not block emergency access or fire hydrants during construction at any time.
Parks and Recreation
1. Park fees for Phase I of Erhart Farm of $104,400.00 shall be paid prior to recording the final
plat.
2. Outlot B and C shall be donated or dedicated to the City of Chanhassen to be part of
permanent open space around the wetland complexes.
3. The developer shall be responsible for construction of the 10-foot, asphalt trail along the
western portion of Eagle Ridge Road continuing south from Outlot D, Foxwood, and
connect to 96'h Street. The developer/applicant shall provide design, engineering,
construction and testing required of the Eagle Ridge Road trail. All construction documents,
including material costs, shall be delivered to the Park and Recreation Director and City
Engineer for approval prior to the initiation of construction. The trail shall be 10-feet,
surfaced with asphalt and constructed to meet all City specifications. The applicant shall be
reimbursed by the City for the cost of the aggregate base and trail surfacing. This
reimbursement payment shall be made upon completion and acceptance of the trail and
receipt of an invoice documenting the actual costs for the construction materials noted.
Labor and installation, design, engineering and testing services are not reimbursable
expenses.
4. A permanent trail, and drainage and utility easement encompassing the "5-foot pervious
nature trail" along the rear lot lines of Lots 5 thru 14 and 16, 17 and 19 shall be dedicated.
1. The developer shall comply with the requirements of Carver County regarding access and
right -of --way to County highways.
Water Resources
l . The applicant shall clarify if the 5-foot pervious nature trail is proposed to impact any
parts of Wetland 3 near Lot 5, Block 1 prior to issuance of a Notice to Proceed.
2. The applicant shall submit information regarding re -seeding any areas where grading is
proposed within the wetland buffer, specifically in Lots 1 through 3, Block 1 and Lots 11
and 12, Block 2 prior to issuance of a NTP.
3. The applicant shall provide a copy of the approved RPBCWD permit before any
construction can start.
4. The applicant shall enter into an Operations &Maintenance Plan for any proposed
privately -owned stormwater facilities to be recorded with the final plat.
5. The applicant must verify the location of the wooden bridge structure between Wetland 2
and Wetland 3 near Lot 5, Block 1 and add it to the existing conditions survey. If the
structure is to remain in place the applicant shall supply bridge ratings, as-builts and an
approved waterbody crossing permit from RPBCWD.
6. The applicant shall enter into an O&M Agreement for any proposed privately owned
stormwater facilities to be recorded with the final plat.
7. The developer shall work with staff to improve the public stormwater facility's access
route prior to issuance of a NTP.
8. The developer shall work with staff to improve the public stormwater facility's operation
and layout to the maximum extent possible within the given limitations of the site and
RPBCWD regulations prior to issuance of a NTP.
9. The developer must work with staff to improve the design of the public stormwater
infrastructure including pipe slopes prior to issuance of a NTP.
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
SP- 9
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STATE OF l�BNNESOTA)
(ss.
COUNTY OF CARVER )
CITY OF CF[ANHASSEN
BY:
Ryan, Mayor
Laurie Hokkanen, City Manager
The fore oin instrument was acknowledged before me this f
s da of
g g g Y
W29t; Elise Ryan, Mayor, and by Laurie Hokkanen, 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
°e ��{r�rP KIM T. MEUV111SSEN
Notary Public"Minnesota
Jan 31, 2025
My Commission Expires
BLACK C Y DEVELOPMENT, LLC,.At 0, <,.2
Timothy A. Erhart, Manager
STATE OF ME NESOTA NOTARY PUBLIC
- l' MiNNESOTA
( ss.
COUNTY OF+ )
The foregoing instrument was acknowledged before me this 7 � day of
202vby Timothy A. Erhart, Manager of Black Cherry Development, LLC, a Minnesota limited
liability company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9: 2) 2274100
EXHIBIT "A..
TO
DEVELOPMENT C"IN TRAU I
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
The West 183.00 feet of the South 290.40 feet of the Northwest 1/4 of the Northwest 1/4 of Sec. 25, T.
116, R. 23 9
That part of Outlot A, BUTTERNUT RIDGE ADDITION, according to the recorded plat thereof, Carver
County, Minnesota, lying easterly and northeasterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the northeast
comer of Section 26, Township 116 North, Range 23 West, thence South 00 degrees 28 minutes 49
seconds East, assuming the most southerly north line of said Outlot A has a bearing of North 89 degrees
58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75 degrees 21 minutes 54 seconds
East 655.69 feet to an angle point in the southerly line of said Outlot A, and said line there terminating.
EXCEPTING THEREFROM the following:
That part of Outlot A, BUTTERNUT RIDGE ADDITION, Carver County, Minnesota., lying westerly of
the westerly right of way line of Trunk Highway No. 101, :MUINESOTA DEPARTIVIENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 1046, AND 1047, according to the recorded plats
thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds West;
assumed bearing, along the south line of said Outlot A 32.22 feet to the point of beginning of a line to be
described; thence northerly 200.91 feet along a non tangential curve, concave to the west, central angle 20
degrees 11 minutes 41 seconds, radius 570.00 feet, chord bearing North 09 degrees 18 minutes 16
seconds West; thence northwesterly 43 5.8 8 feet along a compound curve, concave to the southwest,
radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds; thence North 54 degrees 55 minutes
36 seconds West, along tangent, 516.07 feet to a point on said westerly right of way line and said line
there terminating.
AI:,SO EXCEPTING THEREFROM the following:
That part of Outlot A, BUTTERNUT RIDGE ADDITION according to the recorded plat thereof; Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South comer of Lot 2, Block 4, FOXWOOD, according to the recorded plat thereof
Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes OS seconds
West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast comer of said Lot 2 and
the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds East 61.09 feet, thence
South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly line of said LOU and said
line there terminating.
TOGETHER WITH the following:
That part of Lot 2, Block 4, FOXWOOD, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows.
Commencing at the Southerly comer of Lot 2, Block 4, FOXWOOD, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes 05
seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast comer of said Lot
2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds East 61.09 feet;
thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly line of said Lot 2
and said line there terminating.
And that Timothy A. Erhart and Dawne M. Erhart, husband and wife, owners of the following described
property:
That part of Outlot A, BUTTERNUT RIDGE ADDITION, according to the recorded plat thereof, Carver
County, Minnesota, lying westerly and southwesterly of the following described line:
Beginning at the most southerly northeast comer of said Outlot A, said point also being the northeast
comer of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28 minutes 49
seconds East, assuming the most southerly north line of said Outlot A has a bearing of North 89 degrees
58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75 degrees 21 minutes 54 seconds
East 655.69 feet to an angle point in the southerly line of said Outlot A, and said line there terminating.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, BUTTERNUT RIDGE ADDITION, Carver County, Minnesota; which lies westerly
and northwesterly of Line 1 described- below:
Line 1: Commencing at the northeast comer of said Section 26; thence westerly on an azimuth of 269
degrees 58 minutes 40 seconds along the north line of said section for 2271.51 feet to the point of
beginning of Line 1 to be described; thence on an azimuth of 238 degrees 14 minutes 10 seconds for
95.58 feet; thence on an azimuth of 248 degrees 55 minutes 29 seconds for 90.18 feet; thence on an
azimuth of 260 degrees 03 minutes 27 seconds for 191.03 feet; thence on an azimuth of 217 degrees 01
minutes 09 seconds for 126.73 feet to a point hereinafter referred to as Point "A"; thence continue on an
azimuth of 217 degrees 01 minutes 09 seconds for 15.12 feet; thence on an azimuth of 172 degrees 14
minutes 03 seconds for 234.17 feet; thence on an azimuth of 177 degrees 20 minutes 28 seconds for
336.70 feet; thence on an azimuth of 180 degrees 17 minutes 57 seconds for 279.90 feet; thence on an
azimuth of 181 degrees 15 minutes 16 seconds for 104.15 feet; thence on an azimuth of 183 degrees 39
minutes 13 seconds for 116.63 feet to a point on the south line of said Tract A and there terminating.
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
TIMOTHY A. ERHART and DAWNE M. ERHART, husband and wife, 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
J EAN M SAVAG E
NOTARY PUBLIC
MINNESOTA
Commission Expires 1131025
STATE OF MINNESOTA )
COUNTY OF(� )
2022.
FRS:
Timothy A. Erhart
�2J
Dawne M. Erhart
The foregoing instrument was acknowledged before me this � � day of
2022, by Timothy A. Erhart and Dawne M. Erhart, husband and wife.
DRAFTED BY:
CAa'IPBELL ��NUTSON
ProfessionalAssociation
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
223349v1
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
TIMOTHY A. ERHART and DAWNE M. ERHART, husband and wife, who hold two
mortgages on all or part of the subject property, the development of which is governed by the
foregoing Development Contract for Erhart Farm, which Mortgage, Security Agreement and
Fixture Financing Statement is dated February 4, 2021, and was recorded June 4, 2021, as Carver
County Document No. A726349, and a second Mortgage, Security Agreement and Fixture
Financing Statement is dated January 3, 2022, and was recorded February 16, 2022, as Carver
County Document No. A742234 (collectively "Mortgages"), joins in and agrees that the
Development Contract shall remain in full force and effect even if it forecloses on either of their
Mortgages.
Dated this day ofy��l,�i , 2022.
STATE OF l��IINNESOTA )
ss.:
COUNTY OF )
A. Erhart
Dawne M. Erhart
JEAN M SAVAGE
NOTARY PUE3LIC
MINNESOTA
My Commission Expires 1131/2025
The foregoing instrument was acknowledged before me this � � day of
�Ct , 2022, by Timothy A. Erhart and Dawne M. Erhart, husband and wife.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
223124v1
0
CREDIT
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
No. _
Date:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the
11' !JI"1 1. 1
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. ,dated ,
2 , ofQName of Bank) "•
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 15,
2
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 15 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen
City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXl`IIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
or private improvements, or any buildings until all the following conditions have been satisfied: 1)
this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary
security and fees have been received by the City, 3) the plat has been recorded with the County
Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer
may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not proceed
until Development Contracts for such phases are approved by the City. Park charges and area charges
for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted
into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and specifications
which have been prepared and signed by a competent registered professional engineer furnished to
the City and approved by the City Engineer. The Developer shall obtain all necessary permits from
Environmental Services and other pertinent agencies before proceeding
the Metropolitan Council
with construction. The City will, at the Developer's expense, have one or more construction inspectors
and a soil engineer inspect the work on a full or part time basis. The Developer shall also provide a
qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector
to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the
construction is being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually
agreeable time at the City Council chambers with all parties concerned, including the City staff, to
review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.021. The
Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
7. License. The Developer hereby grants the City, its agents, employees, ofricers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose
Additional erosion and sediment control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall
be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall
be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that
tune is of the essence in controlling erosion and sediment transport. If the Developer does not comply
with the erosion and sediment control plan and schedule of supplementary instructions received from
the City, the City may take such action as it deems appropriate to control erosion and sediment
transport at the Developer's expense. The City will endeavor to notify the Developer in advance of
any proposed action, but failure of the City to do so will not affect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and
sediment control needs to be maintained until vegetative cover has been restored, even if construction
has been completed and accepted. After the site has been stabilized to where, in the opinion of the
City, there is no longer a need for erosion and sediment control, the City will authorize the removal
A the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before a
building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code § 7-22.
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a representative
of the contractor, and a representative of the Developer's engineer will make a final inspection of the
work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be
satisfied that all work is satisfactorily completed in accordance with the approved plans and
specifications and the Developer and his engineer shall submit a written statement to the City
Engineer cering that the project has been completed i certifying n accordance with the approved plans and
specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the
public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety (90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon
the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with
the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half (2%2) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area between curb and property line).
In addition to any sod required partf the erosi
reas a o on and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a
minimum of six (6) 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 7-22 or to satisfy any other requirements of this Contract or of City ordinances.
These requirements supplement, but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit
for twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Pians. Prior to the issuance of building permits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure that drainage is maintained away
from buildings and that tree removal is consistent with development plans and City Ordinance.
16. Ezisting Assessments. Any existing assessments against the plat will be re -spread
against the plat in accordance with City standards.
17. Hook up Charges.. At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance.
A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City
i
sgns the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in
the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street
light for twenty (20) months.
19. Signage. All street signs, traff c signs, and wetland monumentauon required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as -built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such
Ls review of construction documents, preparation of the Development Contract, monitoring
construction progress, processing pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for construction inspections. The fee shall
be calculated as follows.
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3%) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000 and
$1,000,000, three percent (3%) of construction costs for the first $500,000 and
two percent (2%) of construction costs over $500,000,
lil) if the cost of the construction of public improvements is over $1,000,000, two
and one-half percent (272/6) of construction costs for the fast $1,000,000 and
one and one-half percent (1 V2%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control inspections.
This cost will be periodically billed directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 21 E 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 pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold, until the bills are paid in
U. Bills not paid within thirty (30) days shall accrue interest at the rate of S% per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
"SAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
22. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
23. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary j ob
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 subj ect property within thirty
(30) days following the acceptance of the public improvements unless otherwise approved by the City
Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
GC- 6
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also issue
a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council. The City's
Failure to promptly take legal action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property- . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the City
has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional
insured on the policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signing the plat. The certificate shall provide that the City must be given ten (10)
days advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assigability. 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, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur
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 on legal holidays. Contractors must require their subcontractors,
agents and supplies to comply with these requirements and the Contractor is responsible for their
Failure to do so. Under emergency conditions, this limitation may be waived by the written consent
of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties.
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street maintenance
until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer
when hazards develop in streets to prevent the public from traveling on same and directing attention
to detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage.
The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or utilities because of snow plowing
operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off -site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
L'
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2-year maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall be
to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render
done prior
them as unacceptable and replacement sites will need to be located for each violated site in order to
obtain a building permit.
R Variances. By approving the plat, the Developer represents that all lots in the plat
are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Re ulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of suitability
of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have
no fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with
fill material that have been mass graded as part of a multi4ot 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.
a
W. Had Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer's telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11"xl7" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2)
two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all
utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in
both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital
file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities
installed, including the per lineal foot bid price. The Developer is required to submit the final plat in
electronic format.
Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and
the as -built escrow withheld until all work is complete.
Rev. 9/30/2021