CC Staff Report 05-26-2015 Development Contract and Construction Plans and Specifications � �� �
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CITY OF MEMORANDUM
CHANHASSE��'! ���'
"TO: Paul Oehme, Director of Public Works/City En�ineer � °
7700 Market Boulevard '
PO Qox 147 FROM: Stephanie Smith, Project Engineer `����
Chaiihassen,N1N,55317
DATE: May 26, 2015 �
Administratior� � �
Phone:952227.1100 SUBJECT: Redstone Ridge: Approve Developinent Contract and Construction Plans
Fax:952227.1110 and Specifications
Building Inspections
Phone:952.2271 IBo PROPOSED MOTION
Fax:952227.1190
"The City Council is recommended to approve the development contract and the
Engineering construction plans and speci�fications foi-Redstone Ridge conditioned upon the
Phone:95222�.116o following:
Fax:952.2271170
1. The applicant sllall er�ter into the development contract and supply the
Finance City with a cash escrow or letter of credit for $15,001.89 and pay a
Phone:952227.1140 cash fee of$23,817.94.
Fax:9522271110
2. The applicant's engineer shall work with City staff ii� revising tlle
Park&Recreation construction plans to meet City standards.
Phone:952.227.1120
Fax:952227I110 City Council approval requires a simple majority vote of the City Council
present."
Recreatim�CentE:r
2310 Coulter Boulevard
Phone 952.227.1400 The attached development contt•act incorporates the conditions of approval foe the final
Fax�952.22�.1404 plat and construction plans and specifications. A $15,001.89 fiilancial security is
reqtiired to guarantee eompliance with the terms of the development contract relating to
Planning& street restoration, utilities, engineei•ing, surveying, inspection, and landscaping.
Natural Resources
Phone:952.227.1130
Fax:952.2271110 The cash fees for this pcoject total $23,817.94. City funds are not needed as part of this
pcivate development project.
Public Woriz�
7901 Park Place The applicant has also submitted detailed construetion plans and speeitications for staFf
Phone:952.221.I3oo review and City Council approval. Staff has reviewed the plans and specitications and
Fax:952.2271310 finds the plans still need some n:inor modifications. Staff requests that the City Council
grant staft the flexibility to admi��istratively approve the pla�ts a�fter working with the
Senior Cente�� applieant's engineer to modify the plans accordingly. The plans and specifications are
Phone 952.221I I25 available for review in the Engineering Depa�-tment.
Fax:952 27/1 i i0
Attachment: Development Cont�•act
Websi�e
www.ci.chanhassen.inn us
c: Chris May
\\cfs5\cL�5\sh�red data\englnro�eets\�-s\r dstaqeri�geA�5�5�6 a���OVO C�C.ClOCX
Gi�an ia�sen is a Gon�munity�or�iie- ioviding foi o�Fry�i lanning tor lomorro�v
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
REDSTONE RIDGE
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 PERI'ORMANCE.........................................................................................SP-2
6. SECURITY....................................................................................................................SP-2
7. NOTICE.........................................................................................................................SP-3
8. OTHER SPECIAL CONDITIONS................................................................................SP-3
9. GENERAL CONDITIONS ...........................................................................................SP-5
GENEKAL CONDITIONS
1. RIGHT TO PROCF,ED.................................................................................................GG 1
2. PHASED DEVELOPMENT ........................................................................................GC-1
3. PRELIMINARY PLAT STATUS................................................................................GG1
4. CHANGES IN OFFICIAL CONTROLS .....................................................................GC-1
5. IMPROVEM�NTS.......................................................................................................GG 1
6. IRON MONUMENTS..................................................................................................GC-2
7. LICENSE......................................................................................................................GG2
8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2
8A. �ROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OR OTHER BUILDING ..................................................................................GC-2
9. CLEAN UP...................................................................................................................GC-3
10. ACCEPTANCE AND OWN�RSHIP OF IMPROVEMENTS....................................GC-3
11. CLAIMS .......................................................................................................................GC-3
12. PARK DEDICATION ..................................................................................................GG3
13. LANDSCAPING ..........................................................................................................GC-3
14. WARRANTY ...............................................................................................................GC-4
15. LOT PLANS.................................................................................................................GC-4
16. �XISTING ASSESSMENTS .......................................................................................GC-4
17. HOOK-UP CHARGES.................................................................................................GC-4
18. PUBLIC STREET LIGHTING.....................................................................................GC-4
19. SIGNAG�.....................................................................................................................GGS
20. HOUSE PADS..............................................................................................................GGS
21. RESPONSIBILITY FOR COSTS ................................................................................GGS
22. DEV�LOPER'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. Sevet•ability.......................................................................................................GG7
i '�
F. Building Permits ...............................................................................................GC-7
G. Waivers/Amendments.......................................................................................GC-7
H. Release..............................................................................................................GC-7 '
I. Insurance...........................................................................................................GC-7 �,
J. Remedies...........................................................................................................GC-8 �'i
K. Assi nabilit GC-8 I
g Y.....................................................................................................
L. Construction Hours...........................................................................................GC-8 '
M. Noise Amplification..........................................................................................GC-8
N. Access ...............................................................................................................GC-8
O. Street Maintenance............................................................................................GC-8
P. Storm Sewer Maintenance................................................................................GG9
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-10
V. Soil Correction................................................................................................GC-10
W. Haul Routes..........................................................................................................GC-10
X. Development Signs..............................................................................................GC-10
Y. Construction Plans...............................................................................................GC-10
7. As-Built Lot Surveys...........................................................................................GC-11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
REDSTON� RIDGE
SPECIAL PROVISIONS
AGREEMENT dated by and between the CITY OF CHANHASSEN, a
Minnesota municipal colporation(the "City"), and, Christophez�May(the "Developer"). ���
1. Request for Plat Approval. The Developer has asked the City to approve a plat for ��I
Redstone Ridge (referred to in this Contract as the "plat"). The land is legally described on the i
attached Exhibit "A". li
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 Ciry 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 coinmencenlent of any
work in the plat. If the plans vary from the written tern�s of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved May 26r�', 2015,prepared by Otto Associates.
Plan B: G7•ading Plan dated May 15�', 2015, prepared by Otto Associates.
Plan C: Plans for Improvements dated May 15t�', 2015,prepared by Otto Associates.
Plan D: Tree Preservation Plan dated May 15th, 2015,prepared by Otto Associates.
SP-1
�. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer Services
B. Water Services
C. Storm Water Drainage Systein
D. Site Grading/Restoration
E. Underground Utilities (e.g. gas, electric,telephone, CATV) '
F. Setting of Lot and Block Monuments
G. Surveying and Staking '
H. Landscaping '
I. Erosion Control ,
5. Time of Performance. The Developei• shall install all required improvements I
except for the wear course on public streets by November 15, 2015. The Developei•may, however, 'I
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 eompletion 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 fuinish the City with a letter of credit in the form attached
hereto, fram a bank acceptable to the City, or cash escrow ("security") for $15,001.89. The amount
of the security was calculated as 110% of the following:
Street Restoration $ 8,555.00
Sanitary Sewer $ 2,190.00
Watermain $ 1,767.00
Sub-total, Construction Costs $ 12,512.00
Engineering, sulveying, and inspection (7% of construction costs) $ 875.84
Landscaping(2% of construction costs) $ 250.24
Sub-total, Other Costs $ 1,126.08
TOTAL COST OF PUBLIC IMPROVEM�NTS $ 13,638.08
� SECURITY AMOUNT(110% of$ 13,638.08) $ 15,001.89
This breakdown is for historical reference; it is not a restriction on the use of the secul•ity. 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 fi�om 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
SP-2
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 iinprovements are accepted by the City. I
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:
Christopher May
6400 Teton Lane
Chanhassen, MN 55317
Phone: 612-386-5055
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 Mat�ket Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952)227-1100.
8. Other Special Conditions.
A. SECtJRITIES AND FEES
A $15,001.89 letter of credit or escrow for the developer-installed improvements, the
$23,817.94 cash administi•ation fee and the fully-executed development contract must be
submitted and shall be submi�ted prior to scheduling a pre-construction meeting. The cash fee
was calculated as follows:
Administration Fee (3% of$13,638.08) $409.14
Surface Water Management Fee (per Paragraph 8, Subpart H-9) $6,025.80
Park Dedication Fee (per Paragraph 8, Subpart F) $11,600.00
GIS Fee ($25 plat+ $10/parcel x 4 parcels) $65.00
Partial Sanitary Sewer Hookup Fee (per Paragraph 8, Subpart F-6) $1,354.00
Partial Water Hookup Fee (per Paragraph 8, Subpart F-6) $3,914.00
Total Cash Fee $23,817.94
B. The developer agrees to implement the recommendations listed in the May 26, 2015 staff
report:
SP-3
Park and Trail Conditions
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Redstone Ridge for the two new housing units only.
The parlc fees will be collected in full at the rate in force upon final plat subinission and
approval. Based upon the city's 2015 single-family park fee of$5,800 per unit, the total park
fees for Redstone Ridge would be $11,600.
En ing eerin� Conditions:
1. The plans shall show the first floor elevations of existing buildings on adjacent properties
before a building permit is issued. �,
2. Plans must show di•aintile service provided for Lots 1 and 2 where runoff will flow from the
back to the front of the lot. Before a building permit is issued, this draintile shall tie in to
the existing manhole-catch basin in front of Lot 2.
3. A soils report is required indicating soil conditions, permeability, slope and water level if
detected before a building permit is issued.
4. The plan must indicate that all swales discharging off site are to have the fina1200 feet
stabilized and the method to be used.
5. The silt fence must comply with City Detail 5300 which requires the use of inetal tee-posts.
6. The silt fence shown across Lots 3 and 4 must be placed twenty (20) feet from the top of the
bluff to ensure that entire bluff impact zone is protected.
7. The erosion escrow shall be requiied reflecting the quantity of topsoil necessary to place six
(6) inches over Lots 1 and 2 excluding the 25% har•dcover allowed with the building permit.
8. The grading plan shall label the elevation at the centerline of the proposed driveways before
a building permit is issued.
9. Escrow for the construction of the new sanitary sewer and water services and the associated
restoration of part of Teton Lane will be collected with the Development Contract.
10. Surface Water Management Utility fees totaling $6,025.80 shall be due at Fnal plat.
11. Partial water and sewer hookup fees will be due at the time of final plat; the remaining
hook-Lip fees will be due with the building permit. The fees will be assessed at the rate in
effect at that time.
Environ�nental Resource Conditions:
SP-4
1. Tree protection fencing will be required at the edge of grading limits near any preserved
trees. It shall be installed prior to grading.
2. Each lot will be required to have a minimum of one tree in the front yard.
Plannin� Conditions:
1. Approval of the subdivision is contingent on approval of the right-of-way vacation.
2. All lots must maintain a maximum hard surface coverage of 25%.
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP-5
CITY OF CHANHASSEN
BY:
Denny Laufenburger, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
Christopher May
BY:
Christopher May
STATE OF MINNESOTA)
(ss. I
COUNTY OF CARVER ) I
The foregoing insh�ument was acknowledged before me this day of ,
2015, by Denny Laufenburger, 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
S1'ATE OF MINNESOTA )
(ss.
COLJNTY OF )
The foi•egoing instrument was acknowledged before me this day of ,
2015,by Christopher May.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Marlcet Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-6
EXHIBIT "A"
TO '
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJ�CT PROPERTY:
Outlot B and Lot 6, Block 2, CURRY FARMS 2N� ADDITION, Carver County, Minnesota.
AND
Tract B, Registered Land Survey No. 27, Carver County, Minnesota.
AND
That part of the East Half of the Northwest Qua1-ter of Section 2, Township ll 6, Range 23,
described as follows:
Commencing at a point on the West line of the �ast one half of the East one half of the said
Northwest Quarter of said Section 2 which point is 1244.43 feet South of the North line of
said Northwest Quarter; thence West and parallel with the North line of said Northwest
Quarter 75 feet; thence South and parallel with the East line of said Northwest Quarter 250
feet; thence East and parallel with the North line of said Northwest Quarter 190 feet; thence
North and parallel with the East line of said Northwest Quarter 501.5 feet; thence West and
parallel with the North line of said Northwest Quarter to the West line of the East one half of
the East one half of said Northwest Quarter; thence South along the said West line of the said
East one half of East one half of Northwest Quarter to place o�beginning.
AND
That part of Tract C, REGISTERED LAND SURVEY NO. ll, Carver County, Minnesota,
according to the files of the Registrar of Titles that lies:
1) Easterly of the Northeasterly eXtension of the Northerly line of Lot 6, Block 2, CURRY
FARMS 2ND ADDITION, Carver County, Minnesota, according to the recorded plat thereof.
2) Southerly of the Westerly extension of the North line of Outlot B of said CURRY FARMS
ZND ADDITION.
3) Northerly of the Westerly extension of the South line of said Outlot B.
AND
4) Westerly of the West line of said Outlot B.
MORTGAGE HOLDER CONSENT
TO ,
DEVELOPMENT CONTRACT I
,
which holds a mortgage on the subject proper�ty, 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 , 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
IRREVOCABL�LETTER OF CREDIT
No.
Date:
TO: City of Chanhassen
7700 Mat�ket Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of_�Name of Developer) and in your favor, our
Irrevocable Letter of Credit i��the amount of$ , available to you by youl•draft drawn on sight
on the undelsigned bank. �,
The d�-aft must: '�
a) Bear the clause, "Drawn under Letter of Credit No. , dated , ���I
2 , of (Name of BankZ "' �I
�
b) Be signed by the Mayor or City Manager af the City of Chanhassen. I
c) Be presented for payment at (Address of Bauk�, on or before 4:00 p.m. on Nove�nber 30,
2
This Letter of Credit shall automatically renew for s��ccessive one-year terms unless, at least foriy-
five (45) days pt•ior to the next ailnual f•enewal date (which sllall be Novembe�- 30 of each year), the Ba��k
delivers written notice to the Chanhassen City Manager t11at it intends to modify the terms of, oi•cancel,this
Lettei• of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least foi•ty-five (45) days prior to the �1ext 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 undeistanding which shall not in a11y way be modified,
a�nended, amplified, or liinited by reference to any document, instrument, or agreement, whether or not
refer�•ed to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. Mol�e than one draw
may be made under this Letter of Credit.
This Letter of Ci•edit shall be governed by the most recent cevision of the Uniform Customs and
Practice fo3-Documentary C►-edits,International Chainber of Commerce Publication No. 600.
We Ilereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
hono3•ed upon presentation.
BY:
Its
CITY OF CHANHASS�N
DEVELOPMENT CONTRACT '
(Developer Installed Improvements) I
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully execirted 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 preliminas�y 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 a11 phases not final platted shall lapse and be void ui�less 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 Cont�act, no
amendments to the City's Comprehensive Plan, except an ainendment 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 ar• 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
contrai•y, 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 stand�ds, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional engineer
fi.u-nished to the City and approved by the City Engineer. The Developer shall obtain all necessary
GGl
peimits ti•om 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 woi•k on a full or part-time basis. The
Developer shall also provide a qualified inspector to pei-form site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
inst�•uct its project engineer/inspector to respond to questions from the City Inspector(s) and to malce
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 j
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 con�ectly 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 conjlinction 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 wolild be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Exeept 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 ti•ansport. 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 talce 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 conipliance 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 opuuon of the City, there is no longer a need for erosion and
sediment control, the City will authorize the reinoval 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 consti•uction of a dwelling or other building on a lot, a $500.00 cash
GC-2
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 ot•derly work site and shall daily ;
clean, on and off site, dii�t and debris, including blowables, from streets and the surrounding area '',
that has resulted from construction worlc 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 malce a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that a11 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 certi,fying 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, matei7almen, or
others that work requir�ed 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 clai�ns 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 p1•oceedings as it pet•tains to the letters of credit deposited with the
District Cour•t, 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 cun�ent 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�/z) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the boulevai�d (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 six (6) inches of topsoil as a base. Seed or sod shall also be placed on all
disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of$750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after
the certificate of occupancy issued, exeept that if the certificate of occupancy is issued between
GC-3
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 wi11 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 requu•ements. 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 i•eplace, specific
landscaping conditions that may have been required by the City Council for project approval.
14. Warranty. The Developer wai7ants 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 warrantyhnaintenance bond foi- 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 subj ect to two (2)
years from the date of final written acceptance. I
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, atid 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 wi11 be re-spread
against the plat in accordance with City standai•ds.
17. Hook-up Charges. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up char�e 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. T'he 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 funlish 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, prepat•ation 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 impi-ovements 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�/z%) of construction costs for the first $1,000,000 and
one and one-halfpercent (1'/2%) ofconstruction 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 def ned in paragraph 6 of the
Special Pi•ovisions.
B. In addition to the administrative fee, the Developer shall reimbuise the City for
all costs incurred by the City for providing construction and erosion and sediment control
inspections. This cost will be periodically billed directly to the Developer based on the actual
progress oF the construction. Payment shall be due in accordance with Article 21� 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 pernuts 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
pei�rnit 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 �iles, and
converting the plat and record drawings into an electronic format. Record drawings inust 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 proinptly reimburse the City for any expense incuired by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Cont�act 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 liabiliry 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 worlc 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 Cont�•act is for any reason held invalid, such decision shall not affect the validity of
the re�riaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watennain, 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 Ciry shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waiveis
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 requir•ed 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 t•equest 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
Developei•'s work or the work of its subcontractors ot•by one directly or indirectly employed by any
of them. Limits for bodily inju�y 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; ot•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 confel�red upon the City is
cumulative and in addition to every othei• right, power or renledy, 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 deeined 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 ng ability. The Developer may not assign this Contract without the written '��
permission of the City Council. The Developer's obligation her�eunder 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
�ngineer. If coi�stniction occui•s 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 pr•ohibited in conjunction with the constiuction of homes, buildings, and the
improvements required under this contract. The administrative penalty ior violation of construction
hours shall also apply to violation of the p1•ovisions 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 ti•aveling 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 di•ainage. 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 Sewe1• Maintenance. The Developer shall be responsible for cleaning and
maintenance of the stoi-m 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 conti•act, will be held by the City foi• the duration of the 2-year maintenance
period.
Q. Soil Treatment S,ystems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are frst
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 Re�ulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regula�ions of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departinents 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 li
satisfactoiy 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 oi• warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other piupose 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 repoi� fi•om a qualified soils engineer shall be provided before the City issues a
building peimit 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 Si�ns. 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 ll"x17" reduced ���
construction plan sets and three sets of specifications. Within four months after the completion of �,
the utility improvements and base coui•se pavement and before the security is i•eleased, the �
Developer sha11 supply the City with the following: (1) a complete set of reproducible Mylar
as-built plans, (2)two complete full-size sete of blue line/paper as-built plans, (3)two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county
coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a
breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The
Developer is required to submit the final plat in electronic format.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as-built survey is completed. If the weather conditions at the time of the as-built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as-built escrow withheld until a11 worlc is complete.
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Rev.3/31/06
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