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Letter to Gayle and Lois Degler 09-12-20110 September 12, 2011 CITY OF CHMEMSEN Gayle and Lois Degler 7700 Market Boulevard 541 Pineview Court PO Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 Re: Outlots A & H, The Preserve at Bluff Creek 2 nd Addition Administration Phone: 952.227.1100 Dear Gayle & Lois: Fax: 952.227.1110 Building Inspections Attached please find the documents you requested regarding the transfer of the above - Phone: 952.227.1180 referenced property to the City: Fax: 952.227.1190 • Recorded copy of Trustee's Deed Engineering . Recorded copy of Quit Claim Deed Phone: 952.227.1160 . The Preserve at Bluff Creek 2 nd Addition Final Plat Signature Page Fax: 952.227.1170 . The Preserve at Bluff Creek 2 nd Addition Final Plat Finance • Development Contract The Preserve At Bluff Creek 2 nd Addition Phone: 952.227.1140 Fax: 952.227.1110 Park &Recreation If you have any questions, please feel free to contact me. Phone: 952.227.1120 Sincerely, Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.140 Todd Gerhardt Planning & City Manager Natural Resources Phone: 952.227.1130 TG:ktm Fax: 952.227.1110 Enclosures Public Works 7901 Park Place Phone: 952.227.1300 g:\plan\2006 planning cases \06 -14 the preserve \final plat documents -2nd addition \degler property donation letter.doc Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us G C 14 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow f OFFICE OF THE Document No. couNTr RECORDER A 470 932 CARVER COUNTY, M►NNESOTA Fee: $ 46.00 Check#: 17679 / Certified Recorded on 09-04 -2007 at 09:30 [1 AM,I� PM J TRUSTEE'S Pliio 470932 ■ Trustee to Corp e County Recorder � No delinquent taxes and transfer 6 I' entered; Certificate of Real late Value ❑filed not required Certificate of Real Estate Value No. C - y 200 - County Auditor By ,eAA W-- Deputy STATE DEED TAX DUE HEREON: S'1 Date: July 3. 2007 FOR VALUABLE CONSIDERATION, Gayle O. Degler and Lois J. Degler, as Trustees of the Gayle O. Degler Trust, and Lois J. Degler and Gayle O. Degler, as Trustees of the Lois J. Degler Trust, Grantors, hereby convey and quitclaim to The City of Chanhassen, a Minnesota municipal corporation, Grantee, real property in Carver County, Minnesota, described as follows: Outlots A and H, The Preserve at Bluff Creek 2 " Addition, Carver County, Minnesota, together with all hereditaments and appurtenances belonging thereto. DeedTaxot 3 / le J Paidon - y-- (Date) Consideration For this conveyance is less than $500.00. Conservation Fee Paid LOTS J. DEGLER TRUST GAYLE O. DEGLER TRUST Carver County Auditor B I(" �1 /JJ �Tt.. D�rt P �r By: Loss Deglcr, / � Gaylc . Degler, Ttus c By: � (`/ 24x& By. Gayle C . — Deglc , Trus Lopin�CLO-Ir. tvstee STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged berorc me this 3 day ofJuly, 2007, by Gaylc O. Deglcr and Lois J. Dcglcr, as Trustees of both the Gayle O. Degler Trust and the Lois J. Deglcr Trust, on b-lalrofbothoftheTrusts,Gr 1 . JOANN K. BERG L Notary Puh'. ;,e,,rm,remat,2oto b, Public Ti-its INSTRUMENT WAS DRAFTED BY: N Tax Statements for the real property described in WINTHROP & WE1NSTlNE, P.A. (lILM) this instnrment should be sent to: 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 (612) 604 -6400 3333toza The City orChanhaisen 7700 Market Blvd. P.O. Box 147 Chanhamcn, MN 55317 9 -e• rn fv : fprTco 8� PID# Aft f j, 1 1 cv No delinquent taxes and transtef entered: Certificate of Real Estate Valus ( ) riled ( �9 Not Required Document No . OFFICE OF THE 4 7 0 9 3 5 CARVER OUNTY, MINNESOTA Fee: S 46.00 Check#: CRV # —" - Certified Recorded on 09-04 -2007 at 01:30 ❑ �}' 410935 Ot tc6+ri C. � Carver County Auditor Ca Carl Vr7. Deputy Count 1 Space Above is Reserved for Remrding D ata] b b� QUIT CLAIM DEED rs Date: t _V 2007 FOR VALUABLE CONSIDERATION, the The Ryland Group, Inc., a Maryland corporation, Grantor, hereby conveys and quitclaims unto The City of Chanhassen, a Minnesota municipal corporation, Grantee, real property in Carver County, Minnesota, described as follows: Outlots A and K The Preserve at Bluff Creek 2` Addition, together with all hereditaments and appurtenances belonging thereto. Consideration paid for this conveyance was $500 or less. s � � The Rylaa up, Inc. Deed TM of S.,L..1,"� --� paid art I ca 7'(Date) By: Conservation Fee Paid its Cerver County Auditor — STATE OF MINNESOTA ) )S5. COUNTY OF BENNEPIN } The tore .g�oing tns ent was acknowledged before me this SQ�day of 2007, by W4 V1 the V'rc i� 2L :t9 t' of The Ryland Group, Inc., a Maryland corporation, on behalf of thhca>pqratio -- , .�?�, 30NN u CAROON, II[ s Notary Public Minnesota My Commission ExoesJsnuary 31, 2011. IEBTURN TO: Tax Statements for the real property described in this WTN MOP & WEINSTINE, P.A, instrument to be sent to: Suite 3500 The City of Chanhassen 225 South Sixth Street 7700 Market Blvd. Minneapolis, MN 55402 P.O. Box 147 (612) 604 -6400 1 Chanhassen, MN 55317 PM Jr. COPY THE PRESERVE A T BLUFF CREEK 2ND ADDITION NA)W AIL uW er naa a wvrs mor cer.� o. �r raew�,�� n. cue. o. c w. «.. „onr «.<,xw ,.a aw ry ,u�mr «., m. c�,r� of c M•• s.m e, .v.,. «er,. �o-.n. •« u c ai0,nw «ree e, me ATuT �r .um',mr �> e>., : ,nei^ �rwr� r, — «,� ' m.� �,� t �1 r, rrv,r «, o/ riv ceY• 0. o.yw , r / o � sr. naw nr.,,neo ,er enema ��a� i « -'r-r,u F" s'm.'zor• a o•vr rm,� e, � Q .LVi..Ou o ,�,.r �i�. 9�+q n,4umM1 .o, e<wo ra « as ,rvar. • Z er coYe 0. 0•G�n u �aaa t» � ma Wyi � =yw. ,wr«ddd,ddNFFFFFm���nnor tro rd, a oege. nnr. no.. n.+ewre ,.r rn« n rr o• TA awrc rK >w wr. a o "m'� rti,r.., er m. «„ s o,cr: ti,i a ,d/ o r� . ,� - ' �.., <a, � o•s.. s,.e ea arerr.e u. aow�rr e.>raw orr un d or « rrt Avesn>r AT xtm T.emr »n A" n; aer n o <o•..<�.w.. > «r.xa p ""°n ao<:e : i� sazo�z "swa _ «,r�,a ee n r par: o-a �M« "er. 1. er «. nu pot o/ mY PgERAK AT ftLIT Q6O( bA AIXY)11'N � a gepowe me oe / Gmno„n ae aew.m. ei.v� s�,n, Secem. 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IJ WESTWOOD prolassonol serv—, me. sheer 2 of 3 sheers Document No. OFFICE OF THE 4 7 0 9 31 COUNTY RECORDER M CARVER COUNTY, MINNESOTA Fee: $ 46.00 ChecWk 17679 Certified Recorded on 09-04 -2007 at 01:30 [) RM PM "0 931 Carl FUrnson, Jr.' Coutity Recorder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE PRESERVE AT BLUFF CREED 2 ND 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 ................................. ............................... ............................SPA 4 . IMPROVEMENTS ......................................................................... ................ ............... SP -2 5 . TIME OF PERFORMANCE .............................................................. ...........................SP -2 6 . SECURITY ......................................................................................... ...........................SP -2 7 . NOTICE .............................................................................................. ...........................SP -3 8. OTHER SPECIAL CONDI'TIONS ---• ................................................. ........................... -3 9 . GENERAL CONDTI' IONS ...........................................................-----. ...........................SP -5 GENERAL CONDITIONS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12- 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 22- RIGHTTO PROCEED ......... ........................................................... ...........................GC -1 PHASEDDEVELOPMENT ................................ . ............................. I .......................... GC 1 PRELD INARY PLAT STATUS ........... .......................................... ...........................GC -1 CHANGES IN OFFICIAL CONTROLS ................................................ . ..................... GC -1 IMPROVEMENTS............................................................................ ...........................GC - i IRONMONUMENTS ....................................................................... ...........................GC -2 LICENSE....................................................... ............................................................... GC -2 SITE EROSION AND SEDIMENT CONTROL ....... .................................................. GC -2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OROTHER BUI`L DING ........................................................ ...........................GC -2 CLEANUP ........................................................................................ ...........................GC -3 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ......... ...........................GC -3 CLAIMS........................................................................................................................ GC -3 PARKDEDICATION ................................................................... ............................... GC -3 LANDSCAPING............................................................................... ...........................GC - 3 WARRANTY.................................................................................... ...........................GC -4 LOT PLANS ...................................................................................... ...........................GC -4 EXISTING ASSESSMENTS .................................. ..................................................... GC -4 HOOK -UP CHARGES .................... ......................................................... .................... GC -4 PUBLIC STREET LIGHTING ........................•-...................----......... ...........................GC -4 SIGNAGE....... ............................................................................... ............................... GC-5 HOUSEPADS ...................................•---............................................ .....................---- ..GC -5 RESPONSIBILITY FOR COSTS ...................................................... ...........................GC -5 DEVELOPER'S DEFAULT .............................................................. ...........................GC -6 MISCELLANEOUS A Construction Trailers ............................................................. ........................... -6 B . Postal Service ......................................................................... ...........................GC - 7 C Third Parties ...................................................................................................... GC -7 D . Breach of Contract ................................................................. ...........................GC -7 • �f E. Severability ............................................................................ ...........................GC -7 F . Building Permits .................................................................... ...........................GC - 7 G. Waivers/ Amendments ............................................................ ...........................GC -7 H. Release ................................................................................... ...........................GC -7 1. Insurance ................................................................................ ...........................GC -7 J. Remedies ................................................................................ ...........................GC -8 KAssignability .......................................................................... ...........................GC -8 L. Construction Hours ................................................................ ...........................GC -8 M. Noise Amplification ............................................................... ...........................GC -8 N. Access .................................................................................... ...........................GC -8 O. Street Maintenance ................................................................. ...........................GC -8 P. Storm Sewer Maintenance ................................................ ................................ GC -9 Q. Soil Treatment Systems ......................................................... ...........................GC -9 R . Variances ............................................. ...........:................... ..... ............. ............GC -9 S. Compliance with Laws, Ordinances, and Regulations ........... ...........................GC -9 T. Proof of Title ............................ ............................... ....................................... GC-9 U. Soil Conditions ..................................................................... ..........................GC -l0 V. Soil Correction ............................. ................................................................... ac- 10 W . Haul Routes ............................................................................. ............................ GC -10 X. Development Signs .................................................................... ..........................GC -10 Y. Construction Plans ..................................................................... ..........................GC -10 Z. As -Built Lot Surveys ................................................................ ................_.........GC -ll ii CITY OF CHANHA.SSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) THE PRESERVE AT BLUFF CREEK 2 ADDITION Nly a a L AGREEMENT dated May 14, 2007 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, The Ryland Group, Inc., a 1� Maryland corporation (the "Developez"). I_ Request for Plat Approval. The Developer has asked the City to approve a plat for The Preserve at Bluff Creek 2° Addition (referred to in this Contract as the "plat'D. 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 shal I control. The plans are: Plan A: Final plat approved May 14, 2007, prepared by Westwood Professional Services, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated May 14, 2007, prepared by Westwood Professional Services, Inc. Plan C: Plans and Specifications for improvements dated May 14, 2007, prepared by Westwood Professional Services, Inc. Plan D: Landscape Plan dated May 14, 2007, prepared by Westwood Professional Services, Inc. SP -i 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 GradingJRestoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) T. 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, 2007. 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 $899,954.00. The amount of the security was calculated as 110% of the following: Site Grading /Erosion Control/Restoration $ 495,000.00 Sanitary Sewer $ 41,500.00 Watermain $ 41,500.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 28,000.00 Streets $140,000.00 Sub - total, Construction Costs $ 746,000.00 Engineering, surveying, and inspection (7% of construction costs) $ 52,220.00 Landscaping (2% of construction costs) $14,920.00 Street lights and signs $ 5,000.00 Subtotal, Other Costs $ 72,140.00 TOTAL COST OF PUBLIC MI[PROVEMENTS $ 818,140.00 SECU1tITY AMOUNT (110% of $ 818 1 140.00) $ 899,954.00 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: Mark Sonstegard The Ryland Group 7599 Anagram Drive Eden Prairie MN 55344 Phone: 952- 229 -6000 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 An .$899,954.00 letter of credit or escrow for the developer - installed improvements, the $127,067.80 cash fee and the fully- executed development contract must be submitted and shall be submitted prior to scheduling a pre - construction meeting. The cash fee was calculated as follows: Administration Fee: 3% of $500,000.00 + 2% of $318,140.00 Street light fee (for electricity): 1 light x $300.00 /light Attorney fees: GIS fee: $25.00 (plat) + 20 parcels C@ $10.00 /parcel Surface Water Management Fee Park Dedication Fee: 12 single family units x $5,800.00 /unit Arterial Collector Fee: 2.29 acres x $2,400.00 1acre TU'fAL, CASH FEES: $21,362.80 $300.00 $450.00 $225.00 $29,634.00 $69,600.00 $5,496.00 $127,067.80 SP -3 B. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL: 1. The lift station and lift station access must be shown on the plans. 2. The right -of -way for the future public street on the south side of Lyman Boulevard at Audubon Road shall be 60 feet. 3. The plans roust show the existing intersection of Audubon Road and Lyman Boulevard, 4. The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek a Addition to the cul -de -sac must be revised so that the minimum finished grade is no less than 2 %. 5. Homes with a low floor elevation of 935' or lower will require a pressure reducing valve within the house. 6. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. 7. The $5,496.00 arterial collector fee for this phase must be paid in cash with the final plat. 8. The construction plans must be revised to reflect that private streets will lie within outlots, not public right of way. 9. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable. 10. There is a storage building on the property just behind the city's lift station that need to be removed. 11. Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota. 12. To the maximum extent practicable, the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer. 13. Sidewalks to public- streets and within privately owned outlots shall be owned and maintained by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be used by the public. SP-4 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as- needed. 15.Outlots containing public utilities - watermain, sanitary sewer and storm sewer that , conveys runoff from a public street -must have blanket drainage and utility easements over the outlot. Private utilities (e.g. storm sewer that only conveys runoff from a private street) within outlots shall be owned and maintained by the association. C. PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1. Park and Trail fees for the 2nd Addition are $69,600. 2. The City shall reimburse the developer $216,709.00 for the elimination of five lots in the northwest corner of the site. 3. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall be redesigned to avoid impact to the trees. 4. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: a. Tyne of Slone Time (Maximum time an area can b. Steeper than 3:1 7 days remain open when the area c. 10:1 to 3:1 14 days is not actively being worked.) d. Flatter than 10 :1 21 days 5. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. 6. A turf plan shall be submitted to the City indicating the location of sod and seeding areas. 7. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The applicant shall substitute another species with approval from the City. S. The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone. SP -5 9. The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody. 10. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 11. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat recording, is $29,634.00. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley- purgatory -Sluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase Il Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -6 CITY OF CHANHASSEN BY: _ 1 (SEAL) T7.4 A. Furlon • Mayor AND: odd Gerhardt, City Manager THE RYLAND GROUP, INC. BY: Wayne Soojian, Vice President STATE OF MINNESOTA ) (ss. COUNTY OF CARVER } The foregoing instrument was acknowledged before me this day of 2007, by Thomas A: Furlong, Mayor, and by Todd Gerhardt, City Manager, of A City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I ,, M LM STATE OF MINNESOTA ) ° KAREN J. ENGELH: T (ss. Notary Public - Minnesota COUNTY OF - ) My Commission ExVaesJan 31, zoo The foregoing instrument was acknowledged before me this ' day of JMAG. 2007, by Wayne Soojian, Vice President of The Ryland Group, Inc., a =qatX Maryland corporation, on behalf of cq v 111 NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 JOHN BERNARD CAROON. III EG N otary Public Chanhassen,l\4N 55317 Minnesota (952)227 -1100 �O: r � y Cwvis§a�E>�kesJmuM31.2ott k�urn SP -7 EX "A" TO ]DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot A and Outlot G, THE PRESERVE AT BLUFF CREEK 1ST ADMTION, according to the recorded plat thereof, Carver County, Minnesota CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" NMI 0 ) 1 ► 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 Iapse 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 GC -3. engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary 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 engineed/i.nspector 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. G. 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 Developers 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 wit) 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. GC -2 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 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 lnterpleader 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). Tn 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 GC -3 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 Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook -up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook -up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long -term maintenance. Said hook -up charges are collectible at time of building permit unless a written request is made to assess GC -4 the costs over a four year term at the rates in effect at time of application. If paid with the building permit, the party applying for the building permit is responsible for payment of these fees. 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 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 (Vi%) of construction costs for the first $1,000,000 and one and one -half percent (lift %) 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. GC -5 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 %hd I be due in accordance with Article 21E 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 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 shalt 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. GC -6 23. Miscellaneous. A_ Construction Trailers Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre- construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (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_ Thud 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 GC -7 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 curnulative'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. Assignabil ity The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours Construction hours for required improvements under this contract shall be from 7:00 am. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. _Noise Amvfification 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. 0. 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 GC -8 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 conceming 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 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. GC -9 U. Soil Conditions The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from, observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes 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, (Z) two complete full -size sets of blue lineipaper 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. GC -10 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. 3131106 GC -11