CC Staff Report for Plans and Dev Contract 02-28-20119
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227 1100
Fax: 952.227 1110
Building Inspections
Phone: 952.227 1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227 1170
Finance
Phone: 952.227.1140
Fax: 952227.1110
Park & Recreation
Phone: 952.227 1120
Fax: 952.227 1110
MEMORANDUM
TO: Paul Oehme, Director of Public Works /City Engineer 1 `
FROM: Alyson Fauske, Assistant City Engineer
DATE: February 28, 2011
J-(Z
J91-
SUBJECT: Approve Development Contract and Construction Plans and
Specifications for Reflections at Lake Riley 1 st Addition
PROPOSED MOTION
"The City Council is recommended to approve the development contract and the
construction plans and specifications for Reflections at Lake Riley 1 st Addition
conditioned upon the following:
1. The applicant shall enter into the development contract and supply the
City with a cash escrow or letter of credit for $982,083.72 and pay a
cash fee of $42,637.86.
2. The applicant's engineer shall work with City staff in revising the
construction plans to meet City standards.
City Council approval requires a simple majority vote of the City Council
present."
Recreation Center
The attached development contract incorporates the conditions of approval for the final
2310 Coulter Boulevard
plat and construction plans and specifications. A $982,083.72 financial security is
Phone: 952.227 1400
required to guarantee compliance with the terms of the development contract relating to
Fax: 952.227,1404
the installation of public streets and utilities, one -year of public street light operating
Planning &
costs, engineering, surveying, inspection, and landscaping.
Natural Resources
Phone: 952.227 1130
The cash fees for this project total $42,637.86. City funds are not needed as part of this
Fax: 952.227.1110
private development project.
Public Works The applicant has also submitted detailed construction plans and specifications for staff
1591 Park Road review and City Council approval. Staff has reviewed the plans and specifications and
Phone: 952227,1300 finds the plans still need some minor modifications. Staff requests that "the City Council
Fax: 952.227 1310 grant staff the flexibility to administratively approve the plans after working with the
applicant's engineer to modify the plans accordingly. The plans and specifications are
Senior Center
Phone: 952.227.1125 available for review in the Engineering Department.
Fax: 952.227 1110
Attachment: Development Contract
Web Site
www.ci.chanhassen.mn.us c: Pioneer Engineering
G \ENGTROJECTST- S\Reflections at Lake Riley \02 -28 -11 approve dc.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
REFLECTIONS AT LAKE RILEY 1ST ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROVAL ................................................. ...........................SP
-1
2. CONDITIONS OF PLAT APPROVAL ............................................. ...........................SP
-1
3. DEVELOPMENT PLANS ................................................................. ...........................SP
-1
4 IMPROVEMENTS ......................................................................... ...............................
SP -2
5. TIME OF PERFORMANCE .......................................................... ...............................
SP -2
6 . SECURITY ..................................................................................... ...............................
SP -2
7 NOTICE .............................................................................................. ...........................SP
-3
8. OTHER SPECIAL CONDITIONS ................................................. ...............................
SP -3
9. GENERAL CONDITIONS ............................................................ ...............................
SP -7
GENERAL CONDITIONS
1.
RIGHT TO PROCEED ...................................................................... ...........................GC
-1
2.
PHASED DEVELOPMENT ............................................................. ...........................GC
-1
3.
PRELIMINARY PLAT STATUS ..................................................... ...........................GC
-1
4.
CHANGES IN OFFICIAL CONTROLS .......................................... ...........................GC
-1
5 .
IMPROVEMENTS ............................................................................ ...........................GC
-1
6 .
IRON MONUMENTS ....................................................................... ...........................GC
-2
7 .
LICENSE ........................................................................................... ...........................GC
-2
8.
SITE EROSION AND SEDIMENT CONTROL .............................. ...........................GC
-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OROTHER BUILDING ....................................................... ...........................GC
-2
9 .
CLEAN UP ........................................................................................ ...........................GC
-3
10.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ......... ...........................GC
-3
11 .
CLAIMS ............................................................................................ ...........................GC
-3
12.
PARK DEDICATION ....................................................................... ...........................GC
-3
13 .
LANDSCAPING ............................................................................... ...........................GC
-3
14 .
WARRANTY .................................................................................... ...........................GC
-4
15 .
LOT PLANS ...................................................................................... ...........................GC
-4
16.
EXISTING ASSESSMENTS ............................................................ ...........................GC
-4
17.
HOOK -UP CHARGES ...................................................................... ...........................GC
-4
18.
PUBLIC STREET LIGHTING .......................................................... ...........................GC
-4
19 .
SIGNAGE ...................................................................................... ...............................
GC -5
20 .
HOUSE PADS ................................................................................... ...........................GC
-5
21.
RESPONSIBILITY FOR COSTS ..................................................... ...........................GC
-5
22.
DEVELOPER'S DEFAULT .............................................................. ...........................GC
-6
22.
MISCELLANEOUS
A. Construction Trailers ............................................................. ...........................GC
-6
B Postal Service ......................................................................... ...........................GC
-7
C Third Parties ........................................................................... ...........................GC
-7
D Breach of Contract ................................................................. ...........................GC
-7
E Severability ............................................................................ ...........................GC
-7
i
F.
G.
H.
I.
J.
K.
L.
M
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W
X.
Y.
Z.
BuildingPermits .................................................................... ...........................GC -7
Waivers /Amendments ........................................................ ...............................
GC -7
Release................................................................................... ...........................GC
-7
Insurance................................................................................ ...........................GC
-7
Remedies............................................................................ ...............................
GC -8
Assignability.......................................................................... ...........................GC
-8
Construction Hours ................................................................ ...........................GC
-8
NoiseAmplification ............................................................... ...........................GC
-8
Access.................................................................................... ...........................GC
-8
Street Maintenance ................................................................. ...........................GC
-8
Storm Sewer Maintenance ..................................................... ...........................GC
-9
Soil Treatment Systems ......................................................... ...........................GC
-9
Variances............................................................................ ...............................
GC -9
Compliance with Laws, Ordinances, and Regulations .......... ...........................GC
-9
Proofof Title .......................................................................... ...........................GC
-9
SoilConditions ...................................................................... ..........................GC
-10
SoilCorrection ...................................................................... ..........................GC
-10
HaulRoutes ................................................................................ ..........................GC
-10
DevelopmentSigns .................................................................... ..........................GC
-10
ConstructionPlans ................................................................ ...............................
GC -10
As -Built Lot Surveys ............................................................ ...............................
GC -11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
REFLECTIONS AT LAKE RILEY 1ST ADDITION
SPECIAL PROVISIONS
AGREEMENT dated February 28, 2011 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City "), and, US Home Corporation, a corporation under the
laws of the State of Delaware (the "Developer ").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
REFLECTIONS AT LAKE RILEY 1 ST ADDITION (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 January 28, 2011, prepared by Pioneer Engineering.
Plan B: Grading, Drainage and Erosion Control Plan dated January 28, 2011, prepared by
Pioneer Engineering.
Plan C: Plans and Specifications for Improvements dated January 28, 2011, prepared by
Pioneer Engineering.
Plan D: Landscape Plan dated January 28, 2011, prepared by Pioneer Engineering.
SP -1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements
except for the wear course on public streets by November 15, 2011. 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 $982,083.72. The
amount of the security was calculated as 110% of the following:
Erosion Control and Restoration $ 125,700.00
Sanitary Sewer $ 134,800.00
Watermain $ 79,200.00
Storm Sewer, Drainage System, including cleaning and maintenance $ 124,200.00
Streets $ 250,000.00
Street lights and signs $ 3,000.00
Sub - total, Construction Costs $ 716,900.00
Engineering, surveying, and inspection (7% of construction costs) $ 50,183.00
Landscaping (2% of construction costs) $ 14,338.00
Special assessments (to be re- assessed to the lots and outlots in the final plat) $ 111,382.38
Sub - total, Other Costs $ 175,903.38
TOTAL COST OF PUBLIC IMPROVEMENTS $ 892,803.38
SECURITY AMOUNT (110% of $2,616,948.60) $ 982,083.72
SP -2
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down. If the security is drawn down, the draw shall be used to cure the default. With City approval,
the security may be reduced from time to time as financial obligations are paid, but in no case shall
the security be reduced to a point less than 10% of the original amount until (1) all improvements
have been completed, (2) iron monuments for lot corners have been installed, (3) all financial
obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a
warranty security is provided, and (6) the public improvements are accepted by the City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Jon Aune
US Home Corporation
935 East Wayzata Boulevard
Wayzata, MN 55391
Phone: 952- 249 -3000
Copy to:
Jerry Perron
Leonard, Street and Deinard Professional Association
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227 -1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
A $982,083.72 letter of credit or escrow for the developer - installed improvements, the
$42,637.86 cash administration fee and the fully- executed development contract must be
submitted and shall be submitted prior to scheduling a pre - construction meeting.
SP -3
2. The $42,637.86 cash fee was calculated as follows:
Administration Fee $ 19,338.00
Street Lighting Charge (for electricity), 2 lights at $300.00 $ 600.00
GIS fee, $25 (plat) + 21 parcels x $10 /parcel $ 235.00
Surface Water Management Fee $ 10,608.86
Arterial Collector Fee $ 11,856.00
$ 42,637.86
B. PLANNING DEPARTMENT CONDITIONS OF APPROVAL
A sign reading, "This Road Will Be Extended in the Future" shall be placed at the west
end of Chesterfield Lane.
2. The applicant shall enter into a development contract and submit the required fees and
securities.
C. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL
1. All work and drainage discharge within the MnDOT easement must be approved by
MnDOT.
2. The public drainage and utility easement on the north side of the development must be
vacated when this area is platted into lots and blocks.
3. The existing building and driveway on the north side of the site must be removed.
4. Based on the proposed grading, a low area will be created west and north of the
Chesterfield Lane street stub. The developer must install storm sewer to prevent water
from ponding in the area.
5. An encroachment agreement is required if for the entrance monument at the Highland
Court intersection at Lyman Boulevard.
6. The developer must provide a roadway, drainage and utility easement for the portion of
the temporary turnaround that lies outside of the right -of -way.
7. The development is adjacent to Lyman Boulevard and is therefore subject to the arterial
collector fee at the time of final plat, which is calculated as follows:
4.94 developable acres x $2,400.00 /acre = $11,856.00
SP -4
D. WATER RESOURCES COORDINATOR CONDITIONS OF APPROVAL
The applicant, with the assistance of the city, must show that adequate capacity exists
within the North Bay storm sewer system to accommodate the proposed drainage area to
be directed to North Bay.
2. The NPDES General Stormwater Permit for Construction Activity must be applied
for and obtained prior to any earth - disturbing activities. Proof of this must be
provided to the city.
3. Two -foot sumps shall be included with structures NM-103, NM-203 and NM-222 or
construct forebay in corresponding pond.
4. The SWMP fees for the first addition of this subdivision, in the amount of $10,608.86,
are due at the time of final plat.
5. The applicant shall be responsible to assure that all other agency permissions are applied
for and resulting conditions are met.
6. A Landowner Statement and Contractor Responsibility form will need to be filled out
and submitted to the LGU (City of Chanhassen) and the DNR. The form can be found
at: httj2: / /www.bwsr. state. mn. us / wetlands /forms /Contractor Responsibilit
7. Appendix A C.1 and C.2 must be addressed including:
a. Exposed soil areas must be stabilized as soon as possible but never later than
seven (7) days.
b. A discussion of the feasibility of infiltration and the appropriate response to
these findings.
E. ENVIRONMENTAL RESOURCES COORDINATOR CONDITIONS OF APPROVAL
1. All trees proposed to be preserved shall be protected by tree preservation fencing.
Fencing shall be installed prior to grading.
F. PARKS AND RECREATION DEPARTMENT CONDITIONS OF APPROVAL
1. Successful transfer of Outlot B (4.83± acres) to the City of Chanhassen concurrent with
the final plat through a combination of dedication (3.08± acres) and fee purchase (1.75±
acres) at a cost of $112,716 per acre, for development and use as a public neighborhood
park
SP -5
2. BUILDING OFFICIAL CONDITIONS OF APPROVAL
1. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and
proposed mitigation reports.
2. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
3. Retaining walls over four feet high must be designed by a professional engineer and
require permits, inspections and final approval.
4. Each lot must be provided with separate sewer and water services.
5. The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
6. If applicable, existing home(s) affected by a new street name will require address changes.
3. FIRE MARSHAL CONDITIONS OF APPROVAL
1. Submit alternative street name for "Highland Court" (proposed street name conflicts with
existing street in northwest portion of the City).
2. No burning permits will be issued. Trees, shrubs, etc., must be removed from the site or
chipped.
3. Mains and fire hydrants shall be installed and made serviceable prior to combustible
construction.
4. A three -foot clear space must be maintained around fire hydrants.
5. Temporary street signs shall be installed as soon as construction begins. Signs shall be
of an approved size as required by the Chanhassen Fire Marshal. They shall be weather -
resistant and maintained until replaced by permanent signs.
6. Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and during
time of construction except when approved alternate methods of protection are provided.
7. The proposed hydrant between Lots 3 and 4, Block 2 must be relocated to the intersection
of Highland Court and Chesterfield Lane.
SP -6
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP -7
CITY OF CHANHASSEN
(SEAL)
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
I.rif
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
US Home Corporation
BY:
(Signature)
Printed Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2011, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
STATE OF
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2011, by , the of US Home Corporation a
Corporation under the laws of the State of Delaware, on behalf of the corporation.
NOTARY PUBLIC
.•
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
SP -9
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
All that part of Government Lot 2 and the Northwest Quarter of the Northeast Quarter of Section
24, Township 116, Range 23, Carver County, Minnesota, lying south of MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -17, according to the
recorded plat thereof, said Carver County and lying northerly of the centerline of Lyman Boulevard
per Doc. No. T90333 and 189939. Said centerline is described as follows:
Beginning at the west quarter corner of said Section 24; thence South 89 degrees 08 minutes
52 seconds East, where the east -west quarter line bears South 89 degrees 47 minutes 54
seconds East, a distance of 2186.62 feet; thence easterly, a distance of 28.00 feet, along a
tangential curve, concave to the north, having a radius of 800.00 feet and a central angle of
02 degrees 00 minutes 19 seconds; thence North 88 degrees 50 minutes 49 seconds East, a
distance of 629.36 feet; thence easterly, a distance of 11.92 feet, along a tangential curve,
concave to the south, having a radius of 800.00 feet and a central angle of 00 degrees 51
minutes 14 seconds; thence North 89 degrees 42 minutes 03 seconds East, a distance of
592.50 feet; thence northeasterly, a distance of 550.91 feet, along a tangential curve,
concave to the northwest, having a radius of 450.00 feet and a central angle of 70 degrees 08
minutes 38 seconds; thence North 19 degrees 33 minutes 26 seconds East, a distance of
149.08 feet; thence northeasterly, easterly and southeasterly, a distance of 954.67 feet, along
a tangential curve, concave to the south, having a radius of 510.00 feet and a central angle of
107 degrees 15 minutes 06 seconds and there terminating.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this day of 1 20
STATE OF MINNESOTA )
(ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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, affirtn 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 , 20_
STATE OF MINNESOTA )
COUNTY OF )
( ss.
The foregoing instrument was acknowledged before me this day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
IRREVOCABLE LETTER OF CREDIT
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 undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated
2 , of (Name of Bank
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bankl , on or before 4:00 p.m. on November 30,
2
This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN
55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
I:VA
Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
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
GC -1
permits from the Metropolitan Council Environmental Services and other pertinent agencies before
proceeding with construction. The City will, at the Developer's expense, have one or more
construction inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer /inspector to respond to questions from the City Inspector(s) and to make
periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building permits are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion and sediment
control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible.
All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion and sediment transport. If the
Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport at the Developer's expense. The City will
endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developer's and City's rights or obligations hereunder. No development will be
allowed and no building permits will be issued unless the plat is in full compliance with the erosion
and sediment control requirements. Erosion and sediment control needs to be maintained until
vegetative cover has been restored, even if construction has been completed and accepted. After the
site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and
sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay
bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control
measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
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escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with
City Code § 7 -22.
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. 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 as a part of the erosion and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each
lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after
the certificate of occupancy issued, except that if the certificate of occupancy is issued between
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October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon
expiration of the time period, inspections will be conducted by City staff to verify satisfactory
completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00
inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the
financial guarantee shall be returned. If the requirements are not satisfied, the City may use the
security to satisfy the requirements. The City may also use the escrowed funds for maintenance of
erosion control pursuant to City Code Section 7 -22 or to satisfy any other requirements of this
Contract or of City ordinances. These requirements supplement, but do not replace, specific
landscaping conditions that may have been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty /maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty -five percent (25 %) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re- spread
against the plat in accordance with City standards.
17. Hook -up Charges.. 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
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ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation.
Before the City signs 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, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as- built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3 %) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000
and $1,000,000, three percent (3 %) of construction costs for the first
$500,000 and two percent (2 %) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000, two
and one -half percent (2'/2 %) of construction costs for the first $1,000,000 and
one and one -half percent (1' /2 %) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction and erosion and sediment control
inspections. This cost will be periodically billed directly to the Developer based on the actual
progress of the construction. Payment shall be due in accordance with Article 21E of this
Agreement.
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C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ( "SAC "), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format. Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system.
22. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
23. Miscellaneous.
A. Construction Trailers Placement of on -site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre - construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
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thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also
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
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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. Assi ang bility 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
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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
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 done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
R. Variances By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations tions In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
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V. Soil Correction The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi -lot grading project,
a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a
building permit for the lot. On lots with fill material that have been custom graded, a satisfactory
soils report from a qualified soils engineer shall be provided before the City inspects the foundation
for a building on the lot.
W. Haul Routes The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
Y. Construction Plans Upon final plat approval, the developer shall provide the
City with two complete sets of full -size construction plans and four sets of 11 "x17" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as -built plans, (2) two complete full -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 Axf & .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 3/31/06
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