Development ContractCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
THE BLUFFS AT LAKE LUCY
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROVAL............................................................................SP-1
2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1
3. DEVELOPMENT PLANS............................................................................................SP-1
4. IMPROVEMENTS........................................................................................................ SP -2
5. TIME OF PERFORMANCE......................................................................................... SP -2
6. SECURITY....................................................................................................................SP-2
7. NOTICE.........................................................................................................................SP-3
8. OTHER SPECIAL CONDITIONS................................................................................SP-3
9. GENERAL CONDITIONS........................................................................................... SP -5
GENERAL CONDITIONS
1. RIGHT TO PROCEED.................................................................................................GC-1
2. PHASED DEVELOPMENT........................................................................................GC-1
3. PRELIMINARY PLAT STATUS................................................................................GC-1
4. CHANGES IN OFFICIAL CONTROLS.....................................................................GC-1
5. IMPROVEMENTS.......................................................................................................GC-1
6. IRON MONUMENTS..................................................................................................GC-2
7. LICENSE......................................................................................................................GC-2
8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHERBUILDING.........................................................................................GC-2
9. CLEAN UP...................................................................................................................GC-3
10. ACCEPTANCE AND O WERSHIP OF IMPROVEMENTS....................................GC-3
11. CLAIMS.......................................................................................................................GC-3
12. PARK DEDICATION..................................................................................................GC-3
13. LANDSCAPING..........................................................................................................GC-3
14. WARRANTY...............................................................................................................GC-4
15. LOT PLANS.................................................................................................................GC-4
16. EXISTING ASSESSMENTS.......................................................................................GC-4
17. HOOK-UP CHARGES.................................................................................................GC-4
18. PUBLIC STREET LIGHTING.....................................................................................GC-4
19. SIGNAGE.....................................................................................................................GC-5
20. HOUSE PADS..............................................................................................................GC-5
21. RESPONSIBILITY FOR COSTS................................................................................GC-5
22. DEVELOPER'S DEFAULT.........................................................................................GC-6
22. MISCELLANEOUS
A. Cons�a��,tY�,
tmac io
n Trailers........................................................................................GC-6
B. Postal Service....................................................................................................GC-7
C. Third Parties......................................................................................................GC-7
D. Breach of Contract............................................................................................GC-7
E. Severability.......................................................................................................GC-7
i
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
BuildingPermits...............................................................................................GC-7
Waivers/Amendments.......................................................................................
GC -7
Release..............................................................................................................GC-7
Insurance...........................................................................................................GC-7
Remedies...........................................................................................................
GC -8
Assignability.....................................................................................................GC-8
ConstructionHours...........................................................................................GC-8
NoiseAmplification..........................................................................................GC-8
Access...............................................................................................................GC-8
StreetMaintenance............................................................................................GC-8
Storm Sewer Maintenance................................................................................GC-9
SoilTreatment Systems....................................................................................GC-9
Variances...........................................................................................................
GC -9
Compliance with Laws, Ordinances, and Regulations.....................................GC-9
Proofof Title.....................................................................................................GC-9
SoilConditions ................................................................................................GC-10
SoilCorrection................................................................................................
GC -10
HaulRoutes.........................................................................................................
GC -10
DevelopmentSigns..............................................................................................GC-10
ConstructionPlans...............................................................................................
GC -10
As -Built Lot Surveys...........................................................................................
GC -11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
THE BLUFFS AT LAKE LUCY
AGREEMENT dated October 12, 2020 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, CHAN THREE DEVELOPMENT, INC., a
Minnesota Corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
The Bluffs at Lake Lucy (referred to in this Contract as the `'plat"). The iand is iegaiiy described on
the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement of any
work in the plat. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved September 14, 2020, prepared by Sathre-Berquist, Inc.
Plan B: Grading, Drainage and Erosion Control Plan dated July 29, 2020, prepared by Sathre-
Berquist, Inc.
Plan C: Plans and Specifications for Improvements dated July 24, 2020, prepared by Sathre-
Berquist, Inc.
Plan D: Landscape Plan dated August 11, 2020, prepared by Norby and Associates
SP -1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
P. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATS
1. Setting of Lot and Plock Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements except
for the wear course on public streets by November 15, 2020. The Developer may, however, request
an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and the extended completion
date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto,
from a bank acceptable to the City, or cash escrow ("security") for $1,688,128.41. The amount of the
security was calculated as 110% of the following:
Sanitary Sewer $ 178,367.50
Watermain $ 148,225.00
Storm Sewer, Drainage System, including cleaning and maintenance $ 414,014.50
Streets $ 667,385.00
Sub -total, Construction Costs $ 1,407,992.00
Engineering, surveying, and inspection (7% of construction costs) $ 98,559.44
Landscaping (2% of construction costs) $ 28,159.84
Sub -total, Other Costs $ 126,719.28
TOTAL COST OF PUBLIC IMPROVEMENTS $1,534,711.28
SECURITY AMOUNT 110% of 1,534,711.28 $1,688,128.41
This breakdown is for historical reference; it is not a restriction on the use of the security. The security
shall be subject to the approval of the City. The City may draw down the security, without notice, for
any violation of the terms of this Contract. lfthe required public improvements are not completed at
SP -2
least thirty (30) daysprior to the expiration of the security, the City may also draw it down. If the
security is drawn down, the draw shall be used to cure the default. With City approval, the security
may be reduced from time to time as financial obligations are paid, but in no case shall the security
be reduced to a point less than 10% of the original amount until (1) all improvements have been
completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security
is provided, and (6) the public improvements are accepted by the City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address:
Craig Allen
Chan Three Development, Inc.
10850 Old County Road 15, Suite 200
Plymouth, MN 55441
Phone: 952-270-4473
E-mail: craig@gonyeacompany.com
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
8. Other Special Conditions.
A. FEES
1. Prior to release of the plat for recording and prior to scheduling a pre -construction meeting,
Developer shall submit to the City $252,273.23 for the following City fees:
*Administration fee (based on estimated construction cost of $1,799,522.20, 2.5% for
the first $1,000,000 + 1.5% of the remainder)
$ 36,992.83
GIS fee: 31 parcels 2 $10/parcel + $25 for the plat
$ 335.00
Partial payment of City sewer and water hookup fees:
31 units @ $691/unit sewer + $2,392/unit (water)
$95,573.00
Street light operating fee: 7 lights @ $300/light
$ 2,100.00
Attorney Fee for Review and Recording of Plat and DC
$ 450.00
Surface dater Management Fee
$116,822.40
Total
$252,273.23
*Administration fee includes the estimated construction cost of site grading/erosion control/restoration in its
calculation. The Security for this work was obtained through The Bluffs at Lake Lucy Development Contract
for Grading Purposes dated Dctober 12, 2020.
SP -3
B. CONDITIONS OF APPROVAL
Conveyance of Outlots
At the time of recording the final plat, the following outlots must be conveyed to the City free
and clear of any encumbrances:
Outlot A
12.67 acres
Parkland, trail, wetland & stormwater pond
Outlot B
2.17 acres
Wetland & stormwater pond
ark and Recreation
1. All trails and sidewalks shall be constructed as shown on the street plan or as modified by
construction plan redlines.
2. All trails shall meet all City standards for trail construction.
Planniniz
1. All property within the plat must be included in The Park PUD ("PUD")
2. All lots and homes must be developed consistent with the standards in the Compliance
Table.
3. Documents establishing a homeowners association for the plat must be submitted by the
Developer with application for final plat approval and recorded with the final plat against the
uropertv within the final plat, except for Outlots A and R, The HOA documents are subject to
review and approval of the City Attorney.
Engineering
1. Any requirements set by the MCES to work within the MCES's sewer and utility
easement shall be addressed by the Developer.
2. An executed agreement between the developer and the MCES allowing work within the
MCES's easement shall be provided to the City prior to the issuance of grading permits.
3. Developer shall continue to coordinate with Carver County ("County") and the City
regarding future improvements to Gaipin Boulevard. The Developer shall address all conditions
associated with the County's review. Also see Condition 7.
4. The Developer shall abandon all existing wells and septic fields in accordance with all
federal, state, and local regulatory agency standards, and obtain all necessary permits for said
abandonments. Prior to commencement of abandonment activities, a copy of all required
permits from the appropriate regulatory agencies shall be provided to the City.
5. Grading within bluff setbacks is subject to review and approval by the City prior to
grading.
SP -4
6. The Developer shall submit revised grading plans and stormwater plans so that no
stormwater runoff flows directly onto the public trail.
7. Final grading plans, including pond locations, sizing and analysis, along with right-of-
way dedications off Galpin Boulevard, shall conform to the future Galpin Boulevard
reconstruction project. Cross reference of grading plans, profiles, and respective cross sections
are to be provided at key locations such as intersections, ponds, or other special features required
by the County and City for review prior to acceptance and recording of the final plat.
8. All retaining walls exceeding four (4) feet in height shall have plans and details prepared
by a registered engineer or landscape architect prior to issuance of building permits.
9. All newly constructed streets and the extension of any existing streets shall be public
streets, owned and maintained by the City, after acceptance of the public improvements by the
City Council.
10. All newly constructed public streets shall be designed to meet the current standard
specifications and detail plate for residential streets (Detail Plate 45200), unless otherwise
directed by the City Engineer.
11. The Developer shall abandon the existing access, construct a new access and provide an
access easement for parcel 25.0100400 onto "Della Drive".
12. A water service lateral shall be stubbed off the of "Della Drive" water main for the future
connection to parcel 25.0100400.
13. A geotechnical engineering shall be on-site during grading operations. If groundwater is
encountered during grading, grades shall be adjusted to maintain a three foot separation from the
bottom floor elevation and adhering to the recommendations of the soil engineer on site.
Changes to grades shall be submitted to the City for review and approval_
14. All curb ramps shall be constructed to meet ADA standards and the City's Detail Plates
#5215-5215D.
15. A detail of the proposed street lights shall be provided prior to the issuance of building
permits.
16. Street lights within the development shall be owned and maintained by the electric utility
company, be installed at all intersections and at the end of each cul-de-sac subject to review and
approval by the City prior to issuance of building permits.
17. All newly constructed water mains shall be public water mains, owned and maintained by
the City, after acceptance of the public improvements by the City Council.
18. Water mains located on Della Drive shall be tied into the high-pressure zone located on
Galpin Boulevard. Water main extensions on Topaz Drive and Lucy Ridge Lane shall be tied
into the existing water main stubs (low-pressure zone).
19. The water main located on Della Drive shall be tied into the existing stub off Ruby Lane
and a gate valve near the connection point shall be installed. The gate valve shall be closed to
separate the pressure zones.
SP -5
20. The Developer shall field verify the location of all water main taps to the existing public
mains off Galpin Boulevard prior to commencement of any utility construction and update the
plans accordingly.
21. The Developer's contractor shall schedule a preconstruction meeting with Engineering
and Public Works Utilities departments prior to the commencement of any work to the water
main installation and tapping from Galpin Boulevard.
22. Updated plans indicating the location of all underground utilities on the east and west
side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east and
west side of Galpin Boulevard, shall be submitted for review and approval prior to the
commencement of any utility construction.
23. Water mains shall be constructed at a minimum of 7.5 feet below grade, or insulated, and
constructed in conformance with the City's standard specifications and detail plates.
24. Cluster valves located around water main tees shall be installed at a minimum of live feet
from the tees to the valves, where feasible. All valve locations and any other water main
appurtenances shall be reviewed and approved by the Engineering and Public Works
departments prior to the commencement of any utility construction.
25. All comments and conditions regarding fire appurtenances, spacing, and location set forth
by the Fire department shall be addressed by the Developer.
26. All newly constructed sewer mains shall be public sewer mains, owned and maintained
by the City, after acceptance of the public improvements by the City Council.
27. All conditions set forth by the MCES for the direct connection and installation of an
access manhole to their trunk line shall be addressed by the Developer, and all permits required
for the connection and installation of the manhole shall be obtained prior to the commencement
of construction.
28. The Developer shall ensure the City's sanitary sewer nomenclature is incorporated in the
construction plans.
29. PLIC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be
constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and
burial depths of greater than 26 feet shall be of pipe class C900.
30. Inverts that have a 20 -inch or greater differential shall be supplied inside drops per City
standards and be constructed per the City's Detail Plate No. 2104.
31. No roadway connection shall be made to Topaz Drive.
31. Untreated or stormwater from lots not captured and routed to treatment facilities,
particularly in backlots, require a conveyance system to be installed to route stormwater to
treatment basins.
32. No sump structures shall be installed in backyard pickups.
33. Access routes to storm basins shall have a slope no greater than 3:1.
34. Driveways shall be setback in accordance section 20-1122 of City Ordinances.
SP -6
35. All driveways shall be located outside side lot drainage and utility easements.
36. A $300 fee per light shall be collected with the development contract for electricity costs
for the first year of operation.
37. The contractor shall contact the City inspector for inspection of all insulated pipe
crossings.
38. For all storm sewer plans: any HDPE pipe shall be called -out as "N-12" in accordance
with City standard specifications.
39. All plans, specifications, project manuals, and submittals shall be in conformance with
the most recent version of City Standard Specifications and Detail Plates
(httn://www.ci.chanhassen.mn.us/436/Standard-Specifications-Detail-Plates).
40. As the property is within the Lake Ann Sewer District, a sewer interceptor charge and a
sub -trunk charge will be due at the time of building permit issuance for each lot. For 2020, the
Lake Ann Interceptor Fee and Lake Ann Subtrunk Fee are $1,970.00 and $2,068.00,
respectively.
41. All retaining walls within the development shall be owned and maintained by a
Homeowners Association.
42. All sidewalks not abutting platted Lots (e.g. on Della Drive abutting Outlot B) within the
development shall be owned and maintained by a Homeowners Association.
43. Any retaining wall located within a public drainage and utility easement shall enter h7it
an encroachment agreement with the City.
44. The "Specifications for The Bluffs at Lucy Lake" prepared by Sathre-Berquist, Inc.
provide Special Provisions that are not in accordance with the City's Standard Specifications or
Detail Plates. These Special Provisions shall be updated to either amend any modification that
would conflict with the City's Standard Specification and Detail Plates or be removed entirely.
If the Developer and their Engineer elect to modify the Special Provisions, the City will provide
redlines to assist with their modifications, however in accordance with Engineering Condition
39, all plans, specifications, project manuals, and submittals shall be in conformance with the
most recent version of City Standard Specifications and Detail Plates
(http://www.ci.chanhassen.mn.us/436/Standard-Specifications-Detail-Plates) and their
conformance is ultimately the responsibility of the Developer.
45. On sheet 4 of 4 on the Final Plat: Block 3 Lot 4's ten (10) foot drainage and utility
easement located in the middle of the lot shall be twenty (20) feet wide to accommodate
maintenance activities for the designed drainage on the lot; the right-of-way shall be extended at
the end of "Topaz Drive", between Block 3 Lots 5 and 6 to reflect the approval of the
Preliminary Plat for "The Park"; Block 3 Lot 8's southerly drainage and utility easement is
SP -7
illustrated at ten (10) feet wide which is oversized, it is possible to lessen this width to five (5)
feet.
46. On sheet 1 of 23: In the zoning index, cul-de-sacs are called out to have a 45' radius, this
shall be updated to 48' per Detail Plate #5205; the "City Project No." is 2020-12, update
accordingly.
47. On sheet 2 of 23: It is recommended that detail plates remain on the sheets specified as
"Detail Sheets" (sheets 17-23) and not be incorporate on random sheets throughout the plan set
for clarity which will also allow for larger plan views on the corresponding sheets; the remnant
driveway entrance north of "Della Drive" shall not be removed in association with the
development, the City will assess its removal upon commencement of the Galpin Boulevard
improvement project; throughout the Street and Storm Plans it was found that draintile does not
extend on both sides and the full extents of the streets, the plans shall be updated to ensure
draintile is installed on both sides of the street per Detail Plate #5200 and extend the full length
of the proposed streets; street lights shall be located more closely to hydrants at the end of cul-
de-sacs (where applicable) in order to allow for better snow storage practices; in addition to
changing the castings at the end of Ruby Lane, a note shall be added to coordinate with the City
to assess if additional repairs are required to the catch basins; Street Note 42 shall be updated to
clarify sidewalks are 6" thick and curb ramps shall be constructed in accordance with Detail
Plate 5215-52151); it is recommended that Street Note 44 be updated to eliminate the use of
plastic rings as the City prefers concrete rings; add to Street Notes the requirement that all work
outside platted areas are to be coordinated with the City and Residence, which includes R&D of
Ruby Lane and Laky Lucy Ridge, prior to construction activities commencing; add to Street
Notes that all signs associated with the development are to be furnished and installed by the
contractor in coordination with City review, and that signs within County right-of-way will
require coordination with the County; ensure that all trail intersections have a 20' radius as
required by Detail Plate #5216; add to Street Notes that cluster mailboxes shall be installed at the
throat of cul-de-sacs, this is required to facilitate better snow storage practices at cul-de-sacs.
48. On sheet 3 of 23: Horizontal scales shall be provided on all profiles within the plan set;
while driveway grades are provided, the general location and layout of proposed driveways and
building pads are not illustrated, the plans shall be updated to illustrate proposed driveway and
building pad locations for review and approval by the City; the newly proposed sidewalk along
"Della Drive" shall terminate at the north side of the cul-de-sac throat; an exhibit illustrating the
proposed driveway location and grades to parcel 25.0100400 shall be submitted for review and
approval prior to the, commencemeel-it of grading, the location of the, driveway entrance, in
accordance with Carver County's review memo, shall be no closer than 100' to Galpin
Boulevard and grades along the proposed driveway shall meet City Standards, lastly the water
service must align with the newly proposed driveway location.
49. On sheet 4 of 23: The dimensions of the cul-de-sac bubble at the end of Topaz Drive
shall be illustrated; the R&D note for the area of Lucy Ridge Lane calling out "Restore Yards:
irrigation and sod" shall also include all privately owned underground improvements (e.g.
invisible dog fences); plans to be updated to illustrate clearly that the sidewalk along Lucy Ridge
SP -8
Lane shall connect between the newly proposed alignments to the existing "R&D" areas; the
newly proposed sidewalk along Lucy Ridge Lane shall be extended to and terminate at the east
side of the cul-de-sac throat; the sidewalk along Topaz Drive shall be removed; the plan and
profile stationing for Topaz Drive shall begin from the end of the cul-de-sac (reverse stationing);
there appears to be an erroneous call out near Topaz Drive profile ("CL -CL Lucy Ridge Lane
Sta: 06+48.90"), update accordingly; the extension of public trail dead -ends with no turnaround
provided, a turnaround shall be shown on the plans for review and approval.
50. On sheet 5 of 23: As no sanitary mains are proposed to be C900 note 1 is unclear,
clarification is required; note 2 shall be updated as sewer services shall be 6" SDR 26 solvent,
non-gasketed weld joints; note 4 shall be eliminated as no DIP will be allowed or is proposed in
the sanitary sewer system, only PVC C900 when required (e.g. at the inside drop connection);
note 11 shall be updated to state that all services shall extend to the property line (per Detail
Plates #1005 and 200 1) unless otherwise noted as services may extend past the property line
where sidewalk is located; note 13 shall be updated to correctly call out the City's standards as
"Standard Specifications and Detail Plates"; note 13 shall be updated to state that the exception
is for sanitary and water services past the property line or curb stop which is in-line with City
Ordinances, for clarity; note 17 shall be updated to state all watermain shall be PVC C900 DR
18; note 19 must be updated to provide the contractor the City's Utility Department phone
number 952-227-1300; a note must be added that RieberLok gaskets on all C900 PVC shall be
used in accordance with City Standards.
51. On sheet 6 of 23: The plan view shall be adjusted or an inset provided illustrating the
water main connection required of the proposed water main between Lots 3 and 4 and the
existing water main off Ruby Lane; the water main shall be located on the southern side of Della
Drive to facilitate separation from CBMH 19's sump structure, limit the depth of any possible
water main lowerinig, and ensurc that the water main does not go lower than the sanitary sewer
main's grade; a detail shall be provided specific to MH 1 which should account for the
compaction/fill around and up to the 8" PVC C900 connection for the inside drop; show all
utility crossings, including water main, in all profile views including the inset for the inside drop
MH connection; all existing utilities need to be identified in the profile views, especially under,
east and west of Galpin Boulevard to ensure no conflicts are present; due to the complexity of
notes and existing utilities near around Galpin Boulevard where the proposed water main will
tie-in to the existing water main, a separate inset shall be provided; the call -out for connect to
existing shall be updated to "connect to" and not "wet tap" and include reference to the high
pressure zone; casing is required for the extents of water main proposed under Galpin Boulevard;
a gate valve shall be installed on the east side of the tee located near 8+60; certain areas of
sanitary sewer are called out at less than 0.5% grade, it is highly recommended that grades be
adjusted to maintain a minimum of 0.5% for constructability as any sanitary sewer mains below
the minimum allowable grade will be required o be removed and re -installed; where grades are
greater than 16' sanitary sewer main shall be PVC SDR 26, i.e. at locations east of Mlf-II 2 or
north of MH 8; clarify the nomenclature "HBOE"; update line work for proposed storm sewer in
profile to follow the color style consistently (appears grey when it must be green).
SP -9
52. On sheet 7 of 23: There is a yellow line identified in the plan view for Topaz Drive,
clarify accordingly; it is unclear where hydrant assemblies transition from 8" water main to 6" in
plan view, clarify accordingly; gate valves shall be installed north and west of the tee located at
the intersection of Topaz Drive and Lucy Ridge Lane; update call -out in profile view of Topaz
Drive for the removal of plug and add removal of hydrant as well, for clarity; maintain ten foot
separation between Block 4 Lot 7's sanitary and water services and SIH 9; update call -out in
profile view of Lucy Ridge Lane where existing stub is located to "8" PLIC SDR 26", per as-
builts.
53. On sheet 8 of 23: Add note that trash guards are only to be installed on inlets or FES 24"
or greater; castings on catch basins at low points shall be "VB", update accordingly.
54. On sheet 9 of 23: It is unclear what the low opening elevation is from the grading detail
to the plans due to the use of double parentheses, e.g. when evaluating if lowest opening is 1 foot
above emergency overflow on Block 3 Lot 4 the EOF elevation is 1013.0 adjacent to the lot
while the call -out of ((1013.8)) appears to indicate the "adjacent grade to low opening" per
grading plan, which is out of compliance, update plans accordingly and/or clarify; catch basin 7
needs to be relocated to a minimum of 10 feet away from the curb ramp; catch basin 12 and 13
shall be relocated to achieve a 90 degree connection; there is a portion of new impervious area
on Lucy Ridge Lane that will not be captured by the proposed storm system, verify that the new
impervious area will not inundate the existing storm sewer system north of Lucy Ridge Lane;
Block 4 Lot 7's backyard drainage sheet flows over the trail, no private drainage shall now over
the public trail system and needs to be accounted for in the storm plan (grading, back -yard storm
conveyance, etc.); relocate CBMH 2 to the east in order to eliminate the double crossing of the
public trail; relocate CBMH 10 to be centered on the property line (typ. of all backyard
CBMHs); show all utility crossings on profiles (typ); add sufficient depth between CBMH 4 and
CBMH 2 to decrease velocities below 12 fps, all RCP laid at slopes greater than 5% grade shall
be tied; clearly illustrate where B6 curbing locations are for review and approval; add note that
all FES shall have a witness post installed, the City will furnish witness posts; the outlet structure
detail for Pond #2 shall be updated and drawn to reflect proper elevations (i.e. the outlet pipe is
above the inlet pipe as drawn); add note to ensure outlet structures meet Detail Plate #3109A.
55. On sheet 10 of 23: Update profile to ensure inverts connecting to in structures match
crown elevations (HGL), typ; the RCP pipe between CBMH 20 and CMBH 19 shall be CL. 5.
56. On sheet 12 of 23: Profile from approximately 1+50 to 0+00 shows inadequate cover
over 27" RCP pipe, adjust accordingly.
57. On sheet 13 of 23: The indentation and spacing of all notes shall be updated for clarity;
note 2 discusses removal of sand/silt in ponds, a decompaction note must accompany this
requirement as infiltration is a proposed surface water management technique; note 5 must
reference the street detail and/or must be accompanied by a cross-section; note 6 shall be updated
to allow for a minimum of 0.5% slope on driveways per Ordinance; notes referencing MnDOT
seed numbers appear to be obsolete and shall be reviewed and updated accordingly; note 13 shall
be updated from "the retaining walls" to "all retaining walls"; notes or the plan shall be updated
SP -10
to incorporate locations of bench marks, stockpiles, haul routes, staging areas, and dewatering
plan, and typical lot benching detail; add note that all walls over 6' in height require fencing or
other barrier; adjust all retaining walls to be located wholy on private property and not City
owned Outlots and/or wetland buffers.
58. On sheet 14 of 23: swales between lots shall be graded to ensure drainage is routed along
property lines and within drainage and utility easements, e.g. between Lots 3 and 4 of Block 2
drainage would be routed more or less onto Lot 4, adjust for all lots accordingly.
59. On sheet 16 of 23: The provided erosion control plan does not fully meet the
requirements of Sec. 19-145 of City Ordinances, and shall be updated accordingly, furthermore
no SWPPP has been provided meeting the requirements of NPDES General Construction Permit
and shall be provided prior to the issuance of the Right to Proceed.
60. On sheet 17 of 23: Details appear illegible or difficult to read as printed on full size plan
sheets, the detail pages shall be updated to a maximum of 8 per page, or to achieve legible
details, for clarity.
Stormwater Conditions & Wetlands
1. An NPDES permit and accompanying Stormwater Pollution Prevention Plan (SWPPP)
will be required prior to the start of grading.
2. Developer shall enter into an operations and maintenance plan for the proposed
stormwater management system with Riley Purgatory Bluff Creek Watershed District prior to the
City issuing a right to proceed.
3. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed
District shall be addressed by the Developer.
4. Stormwater runoff shall not be discharged into wetlands without water quality
pretreatment as prescribed by City Code.
5. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to
the wetlands on site. Wetland buffer widths and locations where signage will be placed on a plan
sheet must be identified in accordance with the City's guidance document. The WMO provides
signs and sign posts for the cost of materials. Alternative signs (by the City or Developer) are
also acceptable provided they contain similar information. Wetland buffers and buffer setbacks
pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a
recorded wetland buffer agreement filed with the County recorder's office.
6. It appears the Developer is showing contours within the filtration areas under the final
surface elevation of the filtration areas. It is recommended the Developer callout the final surface
elevation within the filtration areas and that the Developer add in cross sections (across the pond
and filtration basins) to clarify the critical elevations within the basins.
SP -11
7. Developer shall confirm drainage from the hill west of the proposed home on Lot 1 along
Della Drive is not being directed to the home, and shall adjust grading accordingly.
8. Inlet protections are to be added to catch basins 6, 10, 11 and the catch basin to the west
of the Topaz Drive cul-de-sac.
9. The Developer is using a constant 0.4 coefficient value for the rational method storm
sewer calculations. Previous additions within the development used varying coefficients
determined by the impervious/pervious percentages of each catch basin drainage area. The
Developer shall either modify the storm sewer sizing calculations to use varying coefficients
determined by the impervious/pervious percentages similar to how the previous storm sewer was
sized or provide calculations demonstrating the use of a consistent 0.4 coefficient is valid.
10. The Developer shall update all storm sewer so the maximum pipe velocity is 12 fps.
11. The Stormwater Management Plan shall be updated to address the needs of additional
volume for the future Galpin Boulevard Improvement Project outlined in Kimley-Horn's
memorandum dated May 29, 2018.
12. Developer is showing at catch basins 4, 18, and 19 the spread at the inlet will extend over
10 feet into the street. The Developer shall add additional catch basins at these points to reduce
the spread into the roadway.
13. In the overall plans for the Park development dated 5/20/19 the proposed outlet for
Wetland 2 was a 24" pipe but in the The Bluffs at Lake Lucy plans the outlet is an 18" pipe. It is
noted that the existing outlet for Wetland 2 is an 18" CMP pipe. However, the HydroCAD
modeling suggests the proposed 18" wetland outlet will cause an increase in the 100 -year HWL
within Wetland 2 when compared to overall development proposed conditions model and when
compared to existing conditions (see table below). Developer shall confirm a larger outlet pipe is
not needed and/or that the increase in the wetland HWL will not have any negative impacts on
Galpin Avenue or any adjacent structures. Develoepr shall provide a larger outlet pipe if
necessary.
Existing Conditions Wetland 2
HWL
Overall Development Model
Wetland 2 HWL 5/16/19
1
Proposed Wetland 2 HWL in
411' Addition Model
973.39
973.05
974.06
14. In the Pond 1 ®CS detail the outlet pipe is shown as an 18" but is being modeled as a 27"
in the proposed HydroCAD model (assumed to be Device #1). Developer shall update the plan
and/or HydroCAD model to be consistent with one another.
15. The HydroCAD model uses an exfiltration rate of 0.35 in/hr within Pond I but the
stormwater narrative and the P8 model both have an infiltration rate of 0.8 in/hr. Developer shall
confirm the appropriate infiltration rate and update all references to be consistent. x
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16. The following updates to the P8 model need to be addressed:
a. It is unclear why for both ponds a 12" orifice outlet is being used for the normal
outlet directed to either the adjacent filtration or infiltration bench. Developer
should change the normal outlet to a weir outlet based on the berm separating the
pond and the infiltration/filtration bench or should provide reasoning behind using
a 12" orifice.
b. The flood pool elevations/volumes for Pond 1 and 2 should be calculated at 979
and 968 respectively based on the EDF elevations noted on the plans.
c. The infiltration outlet for the Pond 2 filtration bench should be routed to the
downstream waterbody instead of out of the system for accuracy. Similarly, in the
P8 model where Pond 1 is being modeled as a filtration bench, the infiltration
outlet should be routed to the downstream waterbody.
d. Developer should clarify what the wetland boundary infiltration device is that is
being modeled in the proposed condition P8 models and confirm it should not
also be included in the existing conditions P8 model for accuracy.
e. The bottom surface area for Pond 2 should be updated to 0.008 ac (or 0.01 if
needed) to be representative of the plans
Landscaping and Tree Preservation
1. The Developer shall conduct a walk-through of the grading limits on site prior to
removals with City staff to inspect for opportunities for additional tree preservation.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. All trees shall be planted outside of the street right-of-way.
4. No tree Genus shall comprise of more than 20% of the total number of trees and no tree
species shall comprise of more than 10% of the total number of trees. The Developer shall add 2
selections of trees to reduce maple quantities to meet ordinance requirements.
5. Developer shall provide tree preservation easements to be recorded with the final plat
over Lots 1 and 2, Block 1 and Lots 1, 4 and 5, Block 3 as follows: easterly 300' of Lot 1,
Block 1, the westerly 200' of Lot 2, Block 1, the northerly 100' of Lots 4 and 5, Block 3 and the
westerly 40' of Lot 1, Block 3.
6. Park property boundary signs shall be installed at property corners on Lots 1-6, Block 4
and Lots 1-11, Block 2.
7. Landscaping shall be installed consistent with the approved landscape plan
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9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
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(SEAL)
STATE OF MINNESOTA)
(ss.
COUNTY OF CARRIER )
CITY OF CHANHASSEN
BY:
lise Ryan, Mayor
Heather Johnston, terim ity Manager
The foregoing instrument was acknowledged before me this � day of A/w!�M
20ZPby Elise Ryan, Mayor, and by Heather Johnston, Interim 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.
d
NOTARY UBLIC
KIM T. MEUWISSEN
13 Notary Public -Minnesota
;H My Commission FEcphes Jan 31, 2025
SP -15
Chan
M
STATE OF MINNESOTA )
(ss.
COUNTY OF'�`�'° )
Craig Alen, President
The foregoing instrument was acknowledged before me this 3 r.4 day of alien-. "4-
2040, by Craig Allen, President of Chan Three Development, Inc., a Minnesota Corporation, on
behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market BoulevardNotw LORI L CLARK
Public
P.O. Box 147 1�sota
Chanhassen, MN 55317 C=*qi ' 31 2023
(952) 227-1100
SP -16
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Tract C, Registered Land Survey No. 89, files of Registrar of Titles, Carver County, Minnesota.
AND
That part of Tract B, Registered Land Survey No. 89, according to the recorded plat thereof,
Carver County, Minnesota, lying northerly of the following described line: Commencing at the
North Quarter corner Section 10, Township 116, Range 23, said Carver County; thence on an
assumed bearing of South 00 degrees 45 minutes 14 seconds East, along the North-South Quarter
line of said Section 10, a distance of 515.00 feet to the point of beginning of the line to be
described; thence South 87 degrees 48 minutes 41 seconds East, along a line parallel with the
North line of the Northeast Quarter of said Section 10, a distance of 1661 feet plus or minus to
the
east line of said Tract B and the shoreline of Lake Lucy and there terminating.
Torrens Property
Torrens Certificate No. 40268.0
That part of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116, Range
23, Carver County, Minnesota, described as follows:
Beginning at the North Quarter corner of said Section 10; thence South along the North-South
Quarter line of said Section 10 a distance of 409.69 feet; thence West along a line parallel with
the South line of the North Ralf of said Northeast Quarter of the Northwest Quarter a distance of
435.76 feet to the centerline of the Excelsior -Shakopee Road; thence Northeasterly along said
centerline a distance of 419.39 feet to the North Hine of said Section 10; thence East along the
North line of said Section 10 to the point of beginning, all according to the U.S. Government
Survey thereof.
Torrens Property
Torrens Certificate No. 27048.0
CONSENT TO DEVELOPMENT CONTRACT
Bridgewater Bank, a Minnesota corporation, which holds a Mortgage filed the 12th day of
October, 2020, in the Office of the County Recorder in and for Carver County, Minnesota, as
Document No. T215904 on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this 9 -4' --day of&6g117 2020.
Bridge ter
By.
omas D. Johnson
Its: Senior Vice President
Construction Lending
STATE OF MINNESOTA )
ss.
COUNTY OF K� �
The foregoing instrument was acknowledged before me the 0"" day of A)ox ,' e,, 2020, by
Thomas D. Johnson, the Senior Vice President Construction Lending of Bridgewater Bank, a
Corporation under the laws of Minnesota on behalf of the Corporation.
44-:y
Notary Public
This Instrument Drafted By:
Custom Home Builders Title, LLC
10850 Old County Road 15
Plymouth, MN 55441
NADIYA S. RINGEN
Notary Pubic
Minnesota p
MY JanuaCommission
31�, 2025
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
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 executed by both parties and filed with the City Clerk, 2) the necessary
security and fees have been received by the City, 3) the plat has been recorded with the County
Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer
may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not proceed
until Development Contracts for such phases are approved by the City. Park charges and area charges
for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted
into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and specifications
which have been prepared and signed by a competent registered professional engineer furnished to
the City and approved by the City Engineer. The Developer shall obtain all necessary permits from
the Metropolitan Council Environmental Services and other pertinent agencies before proceeding
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with construction. The City will, at the Developer's expense, have one or more construction inspectors
and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a
qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector
to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the
construction is being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually
agreeable time at the City Council chambers with all parties concerned, including the City staff, to
review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, flan B, shall be implemented, inspected, and approved by the City. The City may impose
additional erosion and sediment control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall
be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall
be r&ciilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that
time is of the essence in controlling erosion and sediment transport. If the Developer does not comply
with the erosion and sediment control plan and schedule of supplementary instructions received from
the City, the City may take such action as it deems appropriate to control erosion and sediment
transport at the Developer's expense. The City will endeavor to notify the Developer in advance of
any proposed action, but failure of the City to do so will not affect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and
sediment control needs to be maintained until vegetative cover has been restored, even if construction
has been completed and accepted. After the site has been stabilized to where, in the opinion of the
City, there is no longer a need for erosion and sediment control, the City will authorize the removal
of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before a
building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code § 7-22.
OC -2
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a representative
of the contractor, and a representative of the Developer's engineer will make a final inspection of the
work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be
satisfied that all work is satisfactorily completed in accordance with the approved plans and
specifications and the Developer and his engineer shall submit a written statement to the City
Engineer certifying that the project has been completed in accordance with the approved plans and
specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the
public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety (90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon
the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with
the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half (2%2) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area between curb and property line).
In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and -alit drainage ways on each lot utilizing a
minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas
of the lot. If these improvements are not in place at the time a certificate of occupancy is requested,
a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months after the certificate of occupancy
issued, except that if the certificate of occupancy is issued between October 1 through May 1 these
conditions must be complied with by the following July 1 st. Upon expiration of the time period,
inspections will be conducted by City stag to verify satisfactory completion of all conditions. City
staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
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escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
returned. If the requirements are not satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant
to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances.
These requirements supplement, but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit
for twenty-five percent (251/o) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
fly. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure that drainage is maintained away
from buildings and that tree removal is consistent with development plans and City Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re -spread
against the plat in accordance with City standards.
17. Hook-up Charges.. At the time of final plat approval the Developer shall pay
30% of the City Sewer Kook -up charge and 30% of the City dater hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
10. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance.
A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City
signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in
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the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street
light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as -built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such
as review of construction documents, preparation of the Development Contract, monitoring
construction progress, processing pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for construction inspections. The fee shall
be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3%) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000 and
$1,000,000, three percent (3%) of construction costs for the first $500,000 and
two percent (2%) of construction costs over $500,000;
ifthe 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-half percent (1%%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control inspections.
This cost will be periodically billed directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 21E of this Agreement.
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.
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D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
22. Developer's Default. In the event of default by the Developer as to any of the work
to 'be peribrmedi by it hereunder, the City m. ay, at its option, perforin the work and &,,c Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer as a part of the pre -construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within 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
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shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also issue
a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days Ibr processing.
L Insurance. Developer shall take out and maintain until six (6) months after the City
has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall be not less than $500,000 for each occurrence, or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional
insured on the policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signing the plat. The certificate shall provide that the City must be given ten (10)
days advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
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to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Flours. Construction hours, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors,
agents and supplies to comply with these requirements and the Contractor is responsible for their
failure to do so. Under emergency conditions, this limitation may be waived by the written consent
of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required ;ender this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. Ali access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street maintenance
until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer
when hazards develop in streets to prevent the public from traveling on same and directing attention
to detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage.
The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or utilities because of snow plowing
operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
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maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period.
Q. Soil Treatment Systems. if soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall be
done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render
them as unacceptable and replacement sites will need to be located for each violated site in order to
obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the plat
are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. 'Fhe Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of suitability
of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have
no fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with
fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot.
On lots with fill material that have been custom graded, a satisfactory soils report from a qualified
soils engineer shall be provided before the City inspects the foundation for a building on the lot.
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W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer's telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11"x17" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the Developer
shall supply the City with the following: (l)a complete set of reproducible Mylar as -built plans, (2)
two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all
utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in
both .dxf & Alf format (the .dxf file must be tied to the current County coordinate system), (8) digital
file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities
installed, including the per lineal foot bid price. The Developer is required to submit the final plat in
electronic format.
Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as -built survey is completed. if the weather conditions at the time of the as -built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and
the as -built escrow withheld until all work is complete.
Rev. 3/31/06
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