Approval Letter w-attachments 7-26-19CITY OT CHAI'IIIASSXN
Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow
July 26, 2019
Mr. Paul T. Eidsness
1217 Cape Coral Parkway East, #346
Cape Coral, FL 33904
Re: Lotus Woods Approval Letter - Planning Case No. 2017 -06
Dear Mr. Eidsness:
This letter is to formally notifr you that on July 22, 2019, the Chanhassen City Council adopted
the following motions:
SUBDIVISION
Engineering:
l. The applicant shall submit an existing conditions survey prior to the recording of the final
plat.
2. The applicant shall provide an exhibit demonstrating how snow removal operations from
the existing driveway providing access to 630 and 640 Carver Beach Road will be
performed without conflict or nuisance to the proposed subdivision prior to recording of
final plat.
3. A copy of the executed constnrction easement shall be provided to the city prior to
grading.
4. The applicant will be required to dedicate 50 feet ofROW to the east abutting Lot 2, as
shown on the preliminary plat as "Lotus Woods Drive".
5. The developer shall put into escrow $29,788.40 for the future street construction of
"Lotus Woods Drive" abutting Lot 2 prior to recording of final plat. The construction of
the street will occur when the property to the north of Lotus Woods SuMivision is
developed, or when the city determines it is appropriate to construct the street, whichever
occurs first.
6. A sign approved by the city shall be placed in the ROW at the corner of "Lotus Woods
Drive" and Big Woods Boulevard indicating a futwe street will be constructed.
7. A fire hydrant shall be constructed on the end ofthe water main extension in "Lotus
Woods Drive".
8. All newly constructed public utilities shall adhere to the city's most recent Standard
Specifications and Detail Plates, and city review and approval ofall construction plans
shall be completed prior to issuance ofbuilding and/or grading permits.
PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110
//OO MARKET BOULEVARD .PO BOX ]4T.CHANHASSEN .MINNESOTA 55317
Mr. Paul Eidsness
Lotus Woods Approval Letter
luly 26,2019
Page2
9. All required permits from the appropriate regulatory agencies shall be required prior to
constmction, including but not limited to the Minnesota Pollution Control Agency, the
Department of Health, and the City of Chanhassen.
10. The development of Lots I and 2 will be required to pay all required city WAC and SAC
fees associated with service connections for the rate in force at the time of building
permit applications.
I l. The applicant shall enter into a Development Contract.
l. Provide an erosion and sediment control plan in accordance with Sec. 19-145 ofcity
ordinances upon submittal ofbuilding permits for individual lot development.
2. Provide drainage and stormwater management plans as prescribed in Chapter 1 8, Sec. 18-
40 and Sec. 19- 143.
1. Full park fees in lieu ofadditional parkland dedication and/or trail constnrction shall be
collected as a Condition of Approval for the two los. The park fees will be collected in full
at the rate in force upon final plat submission and approval. Based upon the current single-
family park fee rate of$5,800 per dwelling, the total park fees would be $5,800.
Environmental Re Coordinator:
l. The rear 140 feet oflot I and the rear 40 feet oflot 2 shall be covered by a
Conservation Easement.
2. Tree preservation fencing will be required on each lot. Fencing must be installed at the
edge of grading limits prior to the sta( of any construction activities.
DEVELOPMEI{T CONTRACT
"The City Council approves the development contract for Lotus Woods."
CONSTRUCTION PLAI\S
"The City Council approves the constnrction plans dated Received June 21,2019 for Lotus
Woods subject to the following conditions:
1. Updated plans illustrating the location and connection methodologies of sanitary and
water services for Lot I will be required prior to the issuance of building permits. From
as-built information, it appears there were water and sanitary laterals stubbed to the
property in 1975. If these services are currently in use by an existing property, the
developer shall relocate those services to avoid having private service lines running
Water Resources:
Parks:
Mr. Paul Eidsness
Lotus Woods Approval Letter
Jnly 26,2019
Page 3
through the suMivision. If these services are not in use, the developer shall field verifo
their locations and serviceability prior to connecting services to the laterals.
2. On Sheet I of6 ofthe sanitary sewer and water main plan: curb stop for water service
shall be installed at the property line per detail #1005;the PVC sanitary sewer service to
Lot 2 shall be 6" in accordance with detail #2001; the note describing work to existing
bituminous and curb and gutter on future Lotus Woods Drive shall read "remove existing
bituminous and curb & gutter" for clarity; a gate valve shall be installed where the 8"
water main is to be extended from the existing 8" water main stub (show in profile); the
5.98 lineal foot outside drop connection to the sanitary manhole shall be an inside drop
per detail #2104.
3. On Sheet 2 of6 ofthe grading and erosion control plan: grading and erosion control
notes reference the NPDES permit, as this site will not disturbed over I acre it is not
anticipated that the general requirements of the permit will have to be met, this may be
updated at the developer'Vengineer's discretion; note 6 discusses dewatering practices
and references a temporary sediment basin, however the plans do not illustrate its
location, update plans or note accordingly; note I should speci$ that a sweeper/vac truck
shall be utilized for cleaning operations.
4. On Sheet 6 of 6 of the details: detail plate #5200 should be updated from 'typical
residential street section" to "modified residential street section"; provide detail of the
future street construction sign, coordinate with the street superintendent (952-227 -1303);'
Attached are a list of items required for recording of the plat, Development Contract for you to
sign and return with the security and cash fees in order for the documents to be recorded.
If you have any questions, please feel free to contact me at 952.227 .1134 or e-mail at
saliaff@ci.chanhassen.mn.us.
Sincerely,
Sharmeen -Jaff
Senior Planner
Enclosures
George Bender, Assistant City Engineer
Erik Henricksen, Project Engineer
Paul Otto, Otto and Associates
ec
g:Vlan\2o1? planning cares\1746 lotus woods (formerly eidsness) suMivisionvinal plat\.pproval lencr fin.l plat.doc
Adjustments to the plat may be required pending findings of the Title Commitment.
Items Required for Recording:
Final Pfat Mylars no larger than 22" x 34" . Per Andrea Poehler, do not mark "Official Copy'' on the County
copy, or they maY reject the mYlars
Three, 1,' = 200' scale paper copy ofthe final plat (carver county Auditor, Assessor and surveyor)
Signed DeveloPment Contract
Mortgage Holder Consent to Plat
Mortgage Holder Consent to the Development Contract
Warranty deed (if deeding an outlot to the City)Ris -of-Wav
over [ots 1 & 2, Bloc k1,Lotus Woods.
tr
E
o
tr
tr
E
E
Easements:Con servation Easement
Other:
A recent copy of the title commitment enclosed/emailed (date:-)
- lf there isn't a development contract, a copy ofthe resolution approvingfinal plat
Additional items required by The City of Chanhassen:
Final Plat MYlars ("CitY CoPY")
'- l" = 2OO' scale mylar reduction of the final plat
t, = 200, scale paper reduction of the final plat (with street names and lot and block numbers only)
from (bank name)
tr
' Security:
Cash fee:
4.
52 54.76
Escrow:29 40
NOTES:
ADDITIONAL INSTRUCTIONS:
G:\Pl-aN\2olTPlrnningcas€s\r-06Lotuswoods(formerlyEidsnes')subdivision\FinalPlat\'latrecodintchecklist'doo(
instructions on reverse? Yes/No
RECORDING FOR: Lotus Woods Date: Julv 23' 2019
- Digital copy of the final plat in .dxf and .tif formats (.pdf compatible) in carver county coordinates
- Area, in square feet, of D&U Easement and Row dedication
Notice: The developer must pay current year property taxes in full and any delinquent property taxes or green
acres taxes must also be paid before the plat can be filed'
Additional
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
LOTUS WOODS
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
I
2
3
4
5
6
'7
8
IRON MONUMENTS..
LICENS8......................
SITE EROSION AND SEDIMENT CONTROL....
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
GC-2
GC.2
GC-2
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2t.
22.
22.MISCELLANEOUS
A. Construction Trailers ..'......'........
B. Postal Service...
cc-6
GC-7
GC-7
GC.7
GC.7
C. Third Parties.....
D. Breach of Contract.........'.............
E. Severability......
]-
SPECIAL PROVISIONS PAGE
GENERAL CONDITIONS
F.
G.
H.
I.
J.
K.
L.
M.
N.
o.
P.
a.
R.
S.
T.
U.
w
x.
Y.
Z.
GC.7
GC.7
GC.7
GC-7
GC.8
Assigrability.... """""""""'GC-8
ConJtruction Houn................ """""""""""'GC-8
Noise Amplification..........'......... """""""""GC-8
Access .............. ...................GC-8
Street Maintenance............'........... """""".'"GC-8
Storm Sewer Maintenance........... """"""""'GC-9
Soil Treatrnent Systems ......'..... """"""""""GC-9
Variances.......... """""""""'GC-9
Compliance with Laws, Ordinances, and Regulations """""""""""".'"""""'GC-9
Prooiof ritle.'.. """""""""'GC-9
Soil Conditions. ...........'..'..GC-10
Soil Conection. """"""""'GC-10
Haul Routes....." """""""""Gc-10
Development Signs """"""GC-10
Construction Plans """""""GC-10
As-Built L.ot Survqls "".'""GC-l I
l- l-
CITY OF C HANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LOTUS WOODS
SEECIALPBO]]SIOXS
AGREEMENT dated July 22,2019 by and betweerr the CITY oF CHANHASSEN, a
Minnesota municipal corporation (the "city"), and, LoTIJS WOODS HOLDINGS. LLC, a
Minnesota limited liability company (the "Developer").
1. Request for Plat Approval. The Developer has asked the city to approve a plat for
Lotus Woods (referred to in this Contract as the "plat"). The land is legally described on the attached
Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on conditron that
the Developer anter into this Contract, fumish 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 $e following
plans. The plans shall not be auached to this Contract. With the exception of Plan A, the plans may
i" pr"p*"a, subject to City approval, after entering the Contract, but before commencanent ofany
work in the'plat. If the plani vary from the written terms of this Confact' the written terms shall
control. The Plans are:
plan A: Final plat approved llly 22,2019, prepared by otto Associates Engineers & land
SurveYors, Inc.
plan B: Grading Drainage and Erosion control Plan dated June 18,2019, prepared by otto
Associates Engineers & Land Surveyors, lnc'
PlanC: Plans and Specifications for Improvernants dated June 18,2019, prepared by Otto
Associates Engineers & Land Surveyors, Inc'
SP.1
4.Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer SYstem
B. Water System
C. Storm Water Drainage SYstem
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Crmding/Restoration
H. Underground Utilities (e.g. 9s, electric, telephong CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Contr,ol
S. Time of performance. The Developer shall install all required improvernents by
Novernber 15,2020. The Developer may, however, request an extension of time from the City
Engin".r. If an extension is grantd, it shail be conditioned upon updating the security posted by the
Deieloper to reflect cost increases and the extended completion date'
6.Security.ToguaranteecompliancewiththetermsofthisContract,paymentof
special assessmentr, puy.*t o}th" costs of all public improvanents, and construction of all public
iiiprovernants, the Developer shall fumish the City with a lener of credit in the form attached hereto,
from a bank acceptable to-the city, or cash escrow ("security") for $52,074,97. The amount of the
security was calculated as I 107o ofthe following:
Site Grading/Erosion ControyRestoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintanance
Sub-total,ConstructionCosts $43,432.00
Engineering, surveying, and inspection (770 of construction costs)
Landscaping (2% of construction costs)
Special asse'ssmants (to be re-assessed to the lots and:'j*?#,ffif$
l'::1.
TOTAL COST OF PUBLIC IMPROVEMENTS
$3040.24
$868.64
$-
SECURITY AMOUNT 074.97llOoh ot 47
SP-2
Streets
Street lights and signs
$8,445.00
$l 1,468.00
$10,719.00
$-
$12,000.00
$800.00
$3,908.88
$473.10.88
This breakdown is for historical reference; it is not a restriction on the use ofthe security. The security
shall be subject to the approval of the City. The City may draw down the security, without notice, for
any violation ofthe termi ofthis Contract. If0re required public improvements are not completed at
teast ttrlrty (30) days prior to the expiration of the security, the City may also draw it down- If the
security is jrawn 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
te ieducca to a point less than 10% of the original amount until (l) all improvements have been
completed, (2) iron monumarts for lot comers have been installed, (3) all financial obligations to the
city^satisfied, (a) the required 'tecord" plans have been received by the city, (5) a warranty security
is irovided, and (6) the public improvernents are accepted by the City'
7. Notice. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the De',reloper, its anployees or agents, or mailed to the Developer by registered mail at
the following addresses:
Paul T. Eidsness
lotus Woods Holdings, LLC
l2l7 Cape Coral ParkwaY East #346
Cape Coral, FL 33904
E-Mail: P aul idsnessl,aw.com
Phone: 612-889-5764
Paul T. Eidmess
Lotus Woods Holdings, LLC
35 Interlachen Place
Excelsior, MN 55331
Notices to the City shall be in writing and shall be either hand delivered to the City Manager' or
mailed to ttre City 6y certified mail in care of the City Manager at the following address: Chanhassen
Ciry ffaf, 7700 i,Iarket Boulevard, P.O. Box 147, Chanhassen, Mirmesota 55317, Telephone (952)
221-1100.
8. Other SPecial Conditions.
A. SECURITIES AND FEES
l. A $52,0'.14.g7 letter of credit or escrow for the developer-installed improvernents, the
$222i4.'16 cash administration fee and the fully-executed development contract must be
submitted and shall be submitted prior to scheduling a pre-construction meeting.
B. The developer agrees to implemant the recommendations listed in the July 22il,2}19 staff
report.
SP.3
Eneineerin{r
I . The applicant shall submit an existing conditions survev prior to the recording of the final
plat.
z. ihe applicant shall provide an exhibit dernonstrating how snow removal operations from
the existing drivewiy providing access to 630 and 640 Carver Beach Road will be
f ..for..A-*itfrout conflict or nuisance to the proposed subdivision prior to recording of
final plat.
3. A coiy ofthe executed construction easement shall be provided to the city prior to
grading.
+. it " apit;c*t will be required to dedicate 50 feet of right-of-way (ROW) to the east
uUutting Lot 2, as shown on the preliminary plat as "l,otus Woods Drive"'
5. The deieloper shall put into escrow S29,788.40 for the future street construction of
..tntus woods Drive" abutting t ot 2 prior to recording offinal plat. The construction of
the street will occur whan the property to the north of lotus woods Subdivision is
J"reloped, or when the city deiermines it is appropriate to construct the street, whichever
occurs first.
o.esis,approvedbythecityshallbeplacedintheRoWatthecomerof..LotusWoods
Dri;' aft Big Woods Boulevard indicating a future street will be constructed.
7. Updated planJillustrating the location and connection methodologies of sanitary and
water services for Lot I will be required prior to the issuance of building permits. From
as-built information, it appears there was water and sanitary laterals stubbed to the
froperty in 1g75. If these services are currently in use by an existing property, the
llu.fop.r rfruff relocate those services to avoid having private service lines running
througi the subdivision. If these services are not in use, the developer shall field verifu
their iocations and serviceability prior to connecting services to the laterals'
g. A fire hydrant shall be constructed on the end of the water main extension in "Lotus
Woods Drive".
s. e,ri n.*ry
"onstructed
public utilities shall adhere to the city's most recent Standard-
sloin.u,ions and Detail Plates, and city review and approval ofall construction plans
shall be completed prior to issuance ofbuilding and/or grading permits'
ro. ,q,rir"quir"a permits from the appropriate regulatory agencies shall be required prior to
*nrt r"tion, including but not iimlteA to ttre Uinnesota Pollution Control Agency, the
Departnent of Health, and the City of Chanhassen'
t I . th! development of Lots I and 2 will be required to pay all required ciry wAc. and sAC
feesassociatedwithserviceconnectionsfortherateinforceatthetimeofbuilding
permit apPlications'
12. The applicant shall enter into a Development Contract'
13. On Sheet I of 6 of the sanitary sewer and watermain plan: curb stop for water service
shallbeinstalledatthepropertylineperdetail#1005;thePVCsanitarysewerservic€to
Lot 2 shall be 6" in accordance with detail #2001; the note describing work to existing
bituminous and curb and gutter on future Lorus Woods Drive shall read "rernove existing
bituminous and curb & gritter" for clarity; a gate valve shall be installed where the 8"
water main is to be extended from the eiisting 8" water main stub (show in profile); the
SP.4
5.98 lineal foot outside drop connection to the sanitary manhole shall be an inside drop
per detail #2104'
t+. bn Sneet 2 of6 of the grading and erosion control plan: grading and erosion control notes
reference the NPDES permit, as this site will not disturbed over I acre it is not
anticipated that the general requiranents of the permit will have to be met, this may be
updated at the devei-oper,s/engineer's discretion; note6 discusses dewatering practices
and references a temporary sediment basin, however the plans do not illustrate its
location, update plani or note accordingly; note 8 should speciff that a sweeper/vac truck
shall be utilized for cleaning operations'
15. On Sheet 6 of6 ofthe details: detail plate #5200 should be updated from "typical - _
residential street section" to "modified residential street section"; provide detail of the
future street constnrction sigr, coordinate with the street superintendenl (952'227 -1303).
Water Resources:
Parks
I
2
Provide an erosion and sediment control plan in accordance with Sec' 19- 145 ofcity
ordinances upon submittal ofbuilding permits for individual lot development. ,
Provide drainage and stormwater manigement plans as prescribed in Chapter 18' Sec' I 8-
40 and Section 19-143.
Full park fees in lieu of additional parkland dedication and/or trail construction shall be
*it""tJ ^ , *naition of approval for the two lots. The park fees will be collected in full
uiti:".t"in ro."e upon final plat submission and approval. Based upon the current single-
Arnlty pa* fee rate;f $5,800 per dwelling, the total park fees would be $5'800'
Envi ronmental R C tor:
)
The rear 140 feet oflot 1 and the rear 40 feet of Lot 2 shall be covered by a
Conservation Easernent'Tree preservation fencing will be required on each lot'
r"r"ing tnu.t t" installed at tfie edge of grading limits prior to the start of any
construction activities.
9. General Conditions. The general conditions ofthis Contract are attached as Exhibit
"B" and incorporated herein.
SP-5
CITY OF CHANHASSEN
BY
Elise Ryan, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
(ss.
COUNTYOFCARVER )
The foregoing instnrment was acknowledged before me this
-
day of ----:--:-:-'-:-'
2o-, by Elise [yan] Mayor, and by Todd Gerhardt, City.Manager, of the City of Chanhassen' a
fr{iloit"1;1*l"ipal corporation, on behalf of the corporation and pwsuant to the authority granted
by its City Council.
NOTARY PUBLIC
SP-6
LOTUS WOODS HOLDNGS, LLC:
BY
PAUL T. EIDSNESS, PRESIDENT
The foregoing instrument was acknowledged before me this
-
day of _-,
20_,by paul Tl eid-sness, President of l,otus Woods Holdings, LLC, a Minnesota limited liability
company, on behalfofthe comPanY.
STATE OF MINNESOTA )
( ss.
COUNTYOF-)
DRAFTED BY:
City of Chanhassat
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
NOTARY PUBLIC
SP-7
EXHIBIT ''A''
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot I and Lot 2, Block l, Lotus woods, according to the recorded plat thereof, carver county,
Minnesota.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property,the development of which is governed by the
foregoing Development Contract, agrees that the Devel
effect even if it forecloses on its mortgage.
Dated this
-
day of , 20-.
opment Contract shall remain in full force and
STATE OF MINNESOTA )
( ss.
The foregoing instrument was acknowledged before me this
-
day of
-'NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2\ 227-1tO0
couNryoF-)
2O_,by
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property'the development of which is governed by the
foregoing Development Contract, amrm and consen t to the provisions thereofand agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by thon.
Dated this
-
daY of 20-.
STATE OF MINNESOTA )
( ss.
COUNryOF
The foregoing instrument was acknowledged before me this
-
day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Mmket Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-1t00
)
IRREYOC,{BLE LETTER OF CREDIT
No.
TO City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
DaIe:
, dated
We hereby
Lener of Credit in
undersigned bank.
issue, for the account of (Name ofDeveloper) and in your favor, our Irrevocable
the amount of $available to you by your drafi draun on sight on the
b) Be signed by the Mayor or City Manager of the City of Chanhassen'
c)Bepresentedforpaymentat(AddressofBank),onorbefore4:00p.rrronNovember30,
.)
*r. ,"*. or ar"art shall automatically renew for successive one-year terrns unless, at.least forty-
five (45) days prior to the next annual renewal date (which shall be Novembet 30 of each year), the Balk
aJir"* *rli"i -tice to rhe Chanhassen city Manager that it intends to modifi the terms of, orcancel' this
Letter ofcr€dit. written notice is effective ifsent by certified mail, postage prepaid, and^depositedin the u'S'
rrarii, "r
r*o forty-five (45) days prior to the next annual renew-al date addressed as follows: Chanhassen
b,ry iarr.g*.Cil*""r* 6ry uutt, zzoo Marka Boulevand, PO. Box 147, Chanhassen, MN 553 17' and is
u.,Lfty .J"ir"a Uv the City Manager at least thfuty (30) days prior to the renewal date'
This lrtter of Credit sas forth in full our understanding which shatl not in any way be modified'
amende4u-prn"a'orlimitedbyreferencetoanydocument,instrunent,oragrcement,whetherornot
referred to herein.
This Lrtter of crcdit is not assignable. This is not a Notation Letter of credit. More than one draw
may be made under this Lener ofCredit.
This Letter of credit shall be govemed by the most recent revision of the Uniform customs and
practice for Documentary credits, tntemational chamber of commerce Publication No. 600.
we hereby aglee that a draft drawn under and in mmpliance with this Irtter of credit shall be duly
honor€d upon Presentation.
The draft must
a) Bear the clause, "Drawn under kner of Credit No'
2-' of-lNeqe-ef-Eert)---';
BY:
Its
GENEMTTONDIIIONS
l. Right to Proceed. Within the plat or land to be platted, the Developer may.not grade
or otherwise disrutb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
or private improvements, or any buildings until all the fo]l-.Iitg conditions have been_ satisfied: 1)
ttris agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary
securi"ty and fees have been received by $e City, 3) the plat has been recorded with the County
Recorder's Offic.e or Regisfar of Title's Office of tre County where the plat is located, and 4) the City
fngineer has issued a lJtter 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
Contractand the breaCh has not been remedied. Develop,ment ofsubsequent phases may not proceed
*alf O"""l.p**, Contracts for such phases are approved by the City. Park charges and area charges
for sewer and water referred to in thii Contract ari not being imposed on outlots, ifany, in the plat
that are desigrated in an approved preliminary plat for future-subdivision into lots and blocks' Such
.tr*g* *iffi" *fculated and imposed when the outlots are final plafted into lots and blocks'
3. Preliminary Plat status. If the plat is a phase of a multi-phased preliminaryplat, the
preliminary plat approval flr a[ phases not final plafted shall lapse and be void unless final platted
into lots and bloc[i not outlos, within two (2) years after preliminary plat approval'
4. changes in ofriciat 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
,J- ."*i." **, o. offi.iul controls shall apply to or affect the use, development density, lot size'
[i f"V.", or dedications of the approved ptai untess required by state or federal law or agreed to in
*ritlrg ty th" City and the neveioper. Tirereafter, notwithstanding anyhing in this-Contract to the
*nt niy,',o the full extent permittea by state law the City may require cornpliance Tft -y
amendments to the city's comprehersive-Plan, official controts, platting or dedication requirernents
enacted after the date of this Contract.
5.Improvements.TheimprovementsspecifiedinthespecialProvisionsofthis
Contract shall be installed in accordance with City standards, ordinances, and plans and specifications
which have been prepared and sigred by a competent registered professional engneer fumished to
,f," CltV -a approved by the Citifngineet. thi Oeveloper shall obtain all necessary permis from
m" f*A"ropofiiarl Council Environm*tA S"*i.€s and other pertinent agencies before proceeding
CITY OF CHANH SEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT ''B''
GC-r-
with construction. The City will, at the Developer's expense, have one or more construction inspectors
*J . roif angineer inspect the work on a firll or part-time basis. The Developer shall also provide a
q""finJ insiector to p""fo.In site inspections on a daily basis. Inspector qualifications shall be
.uU-itt"a in writing to ttre City Engineer. The Developer shall instruct its project algineer/inspector
i" i*p."a to questi-ons from the City lnspecto(s) and,to
-make
periodic site visits to satisfo that the
*n.tuolon is being performed to an acceptable level of quality in accordance with the engineer's
;;iS" Th" Oevel-oper or his engineer shall schedule a preconstruction meeting at a mutually
,gJ"Uf" time at the'City Council chamben with all parties concerned, including the City staff, to
rwiew the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be conectly placed in 0re ground in accordance with Minn. stat. $ 505'02' Subd. l.
ft . O"r"top"fr .urveyor shali submit a written notice to the City certirying that the monuments have
been installed.
1. License. The Developer hereby grants the City, its agents, anployees' officers and
contactors a license to enter the plat io perform all work and inspections deerned 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 iszued, the erosion and sediment control
pi*rl pl* s, shall be implernented, inspected, and app. roved by the City' The C-ity may impose
laditionut erosion and sediment control requirernarS ifthey would be beneficial' All areas disturted
iv,rr" "-*r"tl"n and backfilling ope'ations shall be reseeded forthwith after the completion of the
work in that area. Except as othiwise 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
te fertltizea, mulched, and disc anchored-as necessary for seed retention. The parties recognize that
time is ofthe essence in controlling erosion and sediment transport. Ifthe Developer does not comply
with the erosion and sediment corifol plan and schedule of supplemantary instnrctions received from
,h; Cit, the City may take such action as it deerns appropriate to co1ryf erosion and sediment
;rp." at the Developeds exp€nse. The City_will *d*uo, to notiry the DeveloPer inadvance of
*y p:."p"rJ""tion, but failure of the City to do so will not affect the Developefs and City's rights
oi'oiSjution. hereunder. No development will be allowed and no building permits will be issued
*r*r irr. prr, ir in ftll compliance *ith tt "
ero.ion und sediment control requirements' Erosion and
sediment control needs to be maintained until vegetative mver has been restored, even ifconstruction
t* uon complaed and accepted. After ttre siti has been stabilized to where' in the opinion of the
City, thoe is no longer a ned for erosion and sediment control, the City will authori'e the removal
of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose ofthe erosion and sediment control measures'
8a.ErosionControlDuringConstructionofal}wellingorotherBuilding..Beforea
building permit is issued for consructiJn of a dwelling or other building on a lot, a $500'00 cash
"rcro*'o,
l.tto of credit per lot shall also be fumished to the city to guarantee compliance with city
Code $ 7-22.
GC-2
9. Ctean up. The Developer shall maintain a neat and orderly work site and shall daily
clean. on and offsite, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agalts or assigns'
l0.Acceptanceandownershipoflmprovements.Uponcompletionandac.eptance
Uy tfr. C;tV of the work and construction required by this Contract, the improvernents lying within
putii" "u.",r"no
shall become City property. After completion of the improvements, a representafive
ofth".onfu"tor, and a representutiu" ottni n"r.loper's engineer will make a final inspection ofthe
work with the city Engineer. Before the city accepts the improvonents, the city Engineer shall be
satisfied that all work is satisfactorily completed in accordance with the approved plans and
.p""inlti".r and the Developer and his engneT shall submit a written statement to the City
fd;; certifuing that the project has been completed- in accordance with the approved plans and
.p"?;i*""* ffrJ approprlate-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 thon have not been paid,
unJ th" luboros, materialmen, or others are seeking payment out of the financial guarantees posted
*ith the city, and if the claims are not resolved at least ninety (90) days before the security required
il flr, a#;;twill expire, the Developer hereby authorizes the City to corunen"" an lnterpleader
"iri* p"^r*, ,o Rule )2, tr4innesota Rules of Civil Procedure for the Disrict 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
tt" n t", and upon such deposit, the Developer shall release, discharge' and dismiss the City from
-y n r,fro p-"""ai"gs as ii pertains to the litters of credit deposited with the District Court, except
ttrat the Court sha1l retain jurisdiction to determine attomeys' 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 currelt amount
in for"" at the time of final platting pursuant to Chanhass* City Ordinances and City Council
resolutions.
13. Landscaping, Landscaping shall be installed in accordance with Plan D' Unless
otherwise approved tV tire City, t "". not li-sted in the City's approved tree list are prohibited' The
minimum tree size shall be two and one-half(2%) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area between cub anl pro-lerty line)'
f, "aliti.iri
to any sod required u. u putt of the erosion and sediment control plan, Plan B, the
n"""ropo o. rot pu,chus". st,ull sod the boulevard area and all drainage ways on each lot utilizing a
,,,inirn,i, of .i* tt) inches of topsoil as a base. Seed or sod shall also be placed on a1l disturbed areas
of the lot. If these improvements are not in place at the time a certificate of occupancy is requested,
; il;; guarantee or $zso.oo in the form of cash or letter of credit shall be provided to the City'
Tho"
"onditior.
must then be complied with within two (2) months after the certificate of occupancy
ir*"a, "*""p,
rtr" if the certificate of occupancy is issued beween octobsr 1 through May I these
;;i i.* must be complied with by the following July lst. Upon expiration of the time period'
i"d;"* will be conducted by City staffto veriff satisfactory completion of all conditions' City
,,"k *ff conduct inspections oi incomplete iterns with a $50.00 inspection fee deducted {iom the
GC.3
escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
retumed. If the requironents are not satisfied, the City may use the security to satisfr the
requirernents. The Ciiy may also use the escrowed funds for maintenance oferosion control pursuant
to bity Cod" Sotion 7-22 or to satisf any other requirernents of this Contract or of City ordinances.
These requirements supplernent, 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
eiiher l; a warranty/maintenance bond for 100% ofthe cost ofthe improvanalt, or 2) a letter ofcredit
for twenty-five percent (25%) of ttre amount of the original cost of the improvanents.
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 wdtten City
acceptance ofthe work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutler, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date offinal 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 ofbuilding permits, an acceptable Grading, Drainage.
Erosion control including silt fences, and Tree Rernoval Plan shall be submitted for each lot for
*"i"* *a approval by tie City Engineer. Each plan shall assure that drainage is maintained away
from buildings and thit tree removal is consistent with developmant 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'
lT,Hook-upCharges..AtthetimeoffinalplatapprovaltheDevelopershallpay
loX ofihe City Sewer Hook-rip charge and 30% of the City Water hoot up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Developmant
contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then ineffect, 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 stidard-s. The public street lights shall be accepted for city ownership
aid maintenance at the same time that the public steet is accepted for ownership and maintenance'
e pf", .t rff be submitted for the City Engineeds approval prior to the instatlation' Before the City
.Uirr,fr" nra plat, the Developer shall pay the City a fee of$300.00 for each street light installed in
GC.4
the plat. The fee shall be used by the City for fumishing elecricity and maintaining each public street
light for twenty (20) months.
19. Signage. All street signg traffic signs, and wetland monumentation required by the
City as a part of the plat shall be fumished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly fumish the city "as-built" plans
indicating the amount, $pe and limits of fill on any house pad location'
21. ResPonsibilitY for Costs.
A. The Developer shall pay an administrative fee in conjunction widr the installation
of the plat improvements. ThiJ fee is to cover the cost of City Stafftime and overhead for iterns such
* .*i"* oi construction documents, preparation of the Development Contract, monitoring
construction progress, processing pay requests, processing security reductions, and final acceptance
of improvementsl rni. ree ao"r nbt cover the city's cost for construction inspections. The fee shall
be calculated as follows:
i)
ii)
iii )
if the cost of the constuction of public improvements is less than $500,000,
three percent (3%) ofconstruction costs;
ifthe cost ofthe construction ofpublic improvernents is between $500,000 and
$ 1,000,000, three percent (3%) ofconstruction costs for the first $500,000 and
two perc€nt (2%) ofconstuction costs over $500,000;
if the cost of the constnrction of public improvements is ov€r $ 1 ,000O00' two
and one-half percen I (2%yo) of construction costs for the fint $ I ,000'000 and
one and one-half perc.erfi (ltAo/o) of construction costs over $ I ,000,000'
Before 0re City signs the final plat, ttre Developer shall deposit with the City a fee based upon
construction estimaltes. After construction is completed' the final fee shall be determined based upon
actual constuction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the city for providing construction and erosion and sediment control inspections'
fnl. -rt will be periodicattyiiUea di-rectly to the Developer based on the actual progress of the
construction. Paymort shall be due in accordance with Article 21E of this Agreement'
C. The Developer shall hold ttre City and its officers and ernployees harmless from
claims made by itself and third parties for damages sustained or msts incurred resulting from plat
i*;; ana awaop-*t. ThaDeveloper shall indemnifi the City and its officers and anployees
foi all costs, damages, or expenses which the City may pay or incur in consoquence of zuch claims,
including attomeYs' fees.
GC.5
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement ofthis Contract, including engineering and aftomeys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred wrder this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
CltV -uy fruft all plat development wo* and construction, including but not limited to-the issuance
"i-i.iiJi"g
p*.lts for lotr *hich t},e Developer may or may not have sold, until the bills are paid in
full. Bilkliot paid within thirty (30) days shall accrue interest at the rate of 870 per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessmeirts may be imposed such as, but not limitd to, sewer availability charges
l"i1t9, Ciry *ater connecti-on 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 ielevision service in conjunction with the overall
development improvernents. These services shall be provided in accordance with each of the
respective franchise agreernents 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 upaating fire C;ty'J base maps, GIS data base files, and. converting
;;;ilil;ra'ara*ings into an-elecrinic 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'sDefaultlntheeverrtofdefaultbytheDeveloperastoanyofthework
to be performed uy it hereunder, the city may, at its option, perform the work and the Developer shall
;;;iiy;"i-#e the city ro, *y "ipo"" incuned.by the city, provided the Develo?er is first
'ri.,ren notce of tne work in default, not less than four (4) days in advance. This Contract is a license
il;;-r;;i, unJ i, .f,uff notie necessary for the City to seek a Court order for permission to
**,rr" tana. 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'ConstructionTrailers.Placementofon-siteconstructiontrailersandtanporaryjob
site offices ,t utt t.-.lp.r"a tl[ICity Engineer as a part of the pre-construction meeting for
installation ofpublic improvements. trailers shal be rernoved from the subject property within thirty
(:O) days foUowing the icceptance ofthe public improvemerts unless otherwise approved by the City
Engineer.
B.PostalService.TheDevelopershallprovideforthemaintenanceofpostal
service in accordance with the local Postnastefs request'
c. Third Parties. Third parties shall have no r@ourse against the City urder this
Contract. The City is not a ffitor of tire Developer's obligations under this Contract' The City
GC.6
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
D.BreachofContract.BreachofthetermsofthisContractbytheDevelopershall
be grounds for tleniut o-fbuitding p.rrrits, including lols sold to third parties. The City may also issue
.-rt-"p *"* order halting all flat development until the breach has been cured and the City has
reccived satisfactory assurance that the breach will not reoccur'
E.Severabiliw'Ifarryportion'section,subsection,sentence,clause,paragraph,or
phrase of this Cont u"tI f*6].*on held invalid, such decision shall not affect the validity of the
rernaining portion of this Contract.
F. Buildine Permits. Building permits will not be issued in the plat until sanitary
sewer, waternain, *d .tor. 6o hut'" been installed, tested, and accepted by the City' and the
streets needed for access have been paved with a bituminous surface and ttre site graded and
revegetated in accordance with Plan B ofthe development plans'
G.WaiverVAmendments.TheactionorinactionoftheCityshal|notconstitutea
waiver or amendm.nt to tt
"
profi-lon. of tnis Contract. To be binding, amendments or waivers shall
t" in *rlting, sigrred by the parties and approved by written resolution ofthe city council' The city's
i;Ir.";pr;dly take legat action to eriforce rhis con6act 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 .-Aft." th. D.ueloper has completed the work required of it under this Contract'
,i-,t. O"rifof,*'. ,"qrot the City 1,i-ugo will issue a Certificate of Compliance' Prior to the
i.r.r""" of such a certificate, individual lot o*tt".. may make as written request for a c€rtificate
uppli*tf" ,o - individual lot allowing a minimum of ten (10) days for processing'
I.Insurance.Developershalltakeoutandmaintainuntilsix(6)monthsaftert}reCity
hasacceptedthepubli"improuemens,publicliability-andpropertydamageinsurancecovering
p" "i"iirir.y, including 6eath, and claims for property damage which may arise out of Developer's
ivork or the work of its subcontracton or by one directly or indirectly anployed by any of thern'
l*lir f"i t"alv injury and death shall be not less than $500,000 for one person and $ I ,000'000 for
*"h o""urr**; limits for property damage shall be not less than s500,000 for each occurrence; or a
;;il;il, single limit pori.y oi sr,ooo"000 or more. The city shall be named_ as an additional
i;;;; *re frUcy, und the oeu"lop", shall file with the City a certificate evidencing covemge
;;i;,h" CitV rlgrrine th" plat. the certificate shall provide that the City must be given tm (10)
iuy. ua"-"" *rlni, no-tio if tn" cancellation of the insurance. The certificate may not contain any
diiclaimer for failure to give the required notice'
J. Remedies' Each right, power or rernedy herein conferred upon.the City is
cumulative and in addition io "r"ry
ott'o tight, power or ronedy, expressed or implied, now or
hereafter arising, available to Ciry, ;t taw or il equity, or under any other agr- eement: and. each and
"r".y
;grrt, poier and ranedy herein s* forth or ottrerwise so existing may be exercised from time
GC.7
to time as often and in such order as may be deemed expediatt by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or ranedy'
K.Assigrability.TheDevelopermaynotassignthisContractwithoutt}ewritten
permission of the city c"r*lf. fne Develop#s obligation hereunder shall continue in fi.rll force and
Lffect even ifthe 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 "quiprn*t--a th" opgration of any intemal combustion engine, may only occur
from ?:00 a.m.-to6:00 p.In. on *okduy., from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activiry allowed on Srmdays or on legal holidays. Contractors must require their submntractors,
;;;; ;J.rpplies to comply with thLe requfremenls and the Contractor is responsible for their
taiilure to do .o. Unaer emergency conditions, this limitation may be waived by the r,,T itten consent
"T ,f,L Clry Engineer. If construction occtus outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation
Second violation
Third & zubsequant violations
$ 500.00
$ 1,000.00
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 i. p.hibit"d i, *rj,rction with the construction of homes, buildings, and the
i.pr*"-*" r.quired under t6is .ont u"t. The administrative penalty for violation of construction
hotrs shall also afply to violation of the provisions in this paragraph'
N.Access.AllaccesstotheplatpriortotheCityacceptingthe-roadway
improvemants shull b-" th" ,esponsibility 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 steets within-the plat u.e a-".€pted by the City. Waming sigls shall be placed-by the Developer
when hazards develop in streets to ;revent the public from raveling on same and directing attention
to detours. If sfeets iecome impassable, the City may order that such streets shall be banicaded and
"io.J. m" n"ueloper shall maintain a srnooth roadway surface and provide proler surface drainage'
rr," o"r.topet. .ay request, in writing, that fre city plow snow on the steets prior to final acctptance
oitt
"
,t
""1,.
fne bity sfralt trave coriplete disoetion to approve or reject the request' The City shall
noiu" ,opo*iUle for reshaping or damage to the street base or utilities because of snow plowing
"p".il"rrl ftr" provision oi Ci-ty tno* pl-owing service does not constitute final acceptance of the
streets by the CitY.
P.StormSewerMaintenanc€.TheDevelopershallberesponsibleforcleaningand
maintenance of the storm r"*"r .["--t"- 6*tuaing ponds, pipes, catch basins, culverts^ and swales)
*imi" ttr" pf"t and the adjacent olirite storm sewer systern that receives storm water from the plat'
rrr" o*aip- shall follow all instructions it receives from the city concerning the cleaning and
GC.8
maintenance of the storm sew€r system. The Developet's obligations under this paragraph shall end
two (2) yean after the public street and storm drainage improvements in the plat have bem accepted
ty the'iity. Twenty perc€nt (207o) of the storm sewer costs, shown under section 6 of the special
piovisionsofthis contract, will be held by the City for the dwation ofthe 2-year maintenance period.
Q. Soil Treaunent S}'sterns. If soil treatrnent systems are required, the Developer
shall clearly ideitit, i, th" fi"ld und protect from alteration, unless suitable altemative sites are first
provided, tire two soil treatment sites iaentinea a"dng the platting process for each lot. This-shall be
ilm prlor to ttr. issuance of a Grading Permit. Any violation/disturbance of these sites shall rander
,t ". * *".".ptable and replac€meni sites will need to be located for each violated site in order to
obtain a building pennit.
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. Comoliance with laws. Ordinances. and Rezulations. In the develop,ment of the
plat the Developer tt F*rnpty *im a[ laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Mhnesota its agancies, departrnalts and commissions;
3. United States Army Corps of Engineers;
4. Wat€rshed District(s);
5. Metropolitan Govemment, its agencies, departnents and commissions'
T. proof of Title. Upon request, the Developer shall fumish ttre City wittr evidence
satisfaclory to th" c-ity th"t it h* the authority of tre fee owners and contract for deed purchasers to
enter into this Development Contracl.
U.SoilConditions.TheDeveloperacknowledgesthattheCitymakesno
representations o. *--*ti., ., to tlr" condition of the soils on the prop€rty or its fitness for
construction of the improvanents or any other purpose for which the Developer may make use of
.r"fr p.p"rty The Developer furttrer agrees that it will indemniff, defend, and hold hannless fte
A;, il;;;;; body members, officei, and employees from any claims or actions arising out of
tt" proi"", if aiy, of trazaraous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V.SoilConection.TheDevelopershallberesponsibleforsoilcorrectio^nlvorkon
the property. ff," City rnof,o ,to ."p.oentation tb the Developer conceming the nature of suitability
or roit, n- tt. .ost ofcorrecting any unsuitable soil conditions which may exist. on lots whichhave
"" nfi."*ia a soils report fro:m a qualified soils engineer is not required unless the City'stuilding
ir.p*t* a"p.r*ent determines Aom observation that there may be a soils problan. On lots with
fill material that have been mass graded as part ofa multiJot grading project, a satisfactory soils report
from a quatifiea soils engineer siall be provided before-the city issues a building permit for the lot'
On tot. *itf, fill material that have been custom graded, a satisfactory soils report from a gualified
*if . *grn* rtrall be provided before the City inspects the foundation for a building on the lot'
GC.9
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit p.opor"d--hurl .outes 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 SiBns. The Developer shall post a six foot by -eight foot
development .ign i, *"ot-"" *itli City Oetail Plate No. 5313 at each entrance to the project'
Til;i; shall b-e in place before construciion of the required improvernents commences and shall
be rem-oved when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain ihe following information: project name, name of developer,
developer's telShone number and desigrated contact person, allowed construction hours.
Y.ConstnrctionPlans.Uponfinalplatapproval,thedevelopershallprovidethe
city with t*o *.pl.t" ..t. of fir[-.ir" construction plans and four sets of l1"xl7" reduced
"onrt
u"tlon plan seis and three sets of specifications. Within four months after the completion of
tfr" ,rUtity i-p.orements and base course pavanent and before the security is released, the Developer
.r,rfi ,r6fy ih. Ciry with rhe following: (l; a complete set of reproducible Mylar as-built plans, (2)
t*" ."ririf&" n fl-ste sets ofblue line/paper as-built plans, (3) two complete sets ofutility tie sheets,
(4) location of buried fabric used for soii stabilization, (5) location stationing and swing ties of all
udlity.ru, in.tuding draintile cleanous, (6) bench mark network, (7) digital file of as-built plans in
m,f, .a*f A .tif formit (the .dxf file must be tied to the current county coordinate system), (8) digital
file oiutility tie sheets in either .doc or .tif format, and (9) a breakdown oflineal footage ofall utilities
installed, including the per lineal foot bid price. The Developer is required to submit the filal plat in
electronic format.
Z. As-Built Lot S urveys. 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
ilated by a Registered Land Surveyor. Sod and the biruminous driveways must be installed before
the as-built survey is completed. Ifthe weather conditions at the time ofthe as-built are not conducive
to pa!1ng the driveway and/or installing sod, a tern porary Certificate ofoccupancy may be issued and
the as-built escrow withheld until all work is complete.
Rev.3ll06
GC.1O