Signed DC WaterviewCITY OF CHANHASSEN
CARVER AND HENNEPIN COTINTIES, MINNESOTA
WATERVIEW
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
F.
G.
H.
I.
J.
K.
I,.
M.
N.
o.
P,
a.
R.
S.
T.
U.
w.
x.
Y.
Z,
\\' a i vers/A rre nd nr cnt s
Building Pcrnr its
Rc Iclse
Remedies.....
Assignability
1nsurance.....................
(i( -7
ci( -7
(i( -7
(i( -7
( i('-lt
(i( -8
(;( -8
ci( -8
(i( -8
(i( -8
( i('-9
( i('-9
(;( -()
(i( -9
(i( -9
( rrnstruction I lours
Noisc Anrplilication
Acccss
Sl()nI Se\\ cr Maintcnancc ......
Streel l\4aintenance
Soil Treatnrent Systems
Variances.....
( ornpliancc u i1h [-au's. Ordinanecs. antl Rcgttlalions
Prtrol' of Title...
Soil ( ond itions
Soil ('orrection
[]aul Routcs.....G('- l 0
.... (i('- 10
.... (i('- I 0
ci( -I IAs-Buih [-ot Sun'c1s
1l-
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Impro\ ements)
WATf,RVIEW
SIECIALLBOYTUOILI
A(iRIIEMEN'I dated August 12,2024 b1' and bctueen the CITY OF CLIANIIASSEN, a
Minnesota nrunicipal corporation (thc "CiB""). and WOODDALE BI,ILDERS, IN(). a Minnesota
corporation (the "De\ eloper").
l. Request for I'lat Approval. The Developer has asked the City to approve a plat for
Waten,ierv (referred to in this ('ontract as the "plat"). l'he land is legalll'described on the attached
Exhibir "A".
2. Conditions of Plat Approval. 'l he Citl herebl approves thc plat on condition that
the l)evelopcr cnter inlo this (]ontract, lumish the security required b1 it. and record the plat rrith the
C'ounty Recorder or Registrar ol'Tit['s u'ithin I 20 days atler the City Council approvcs the plat.
3. Develnpment Plans. l'he plat shall be dereloped in accordance n'ith the lblloning
plans. The plans shall not bc attached to this Contract. With the cxception of Plan A. the plans may
be prepared. subject to Citl approval. alter entering the Contract, but before commencement ()l'an)
u,ork in the plat. If the plans vary lrom the \\'ritlen terms of this (bntract. lhe $'ritlen terms shall
control. 'l'he plans are:
Plan A: Final plat approred August 12.202.1. prepared by Sathre-Berquist, Inc.
I'lan B Grading, Drainage and Erosion (lontrol Plan dated July 16.2024, prepared by Sathre-
Berquist, lnc.
I'lan ('Plans and Specifications tbr lnrprovenrents dated Jull' 16.2.024. prepared by Sathre-
Berquist. Inc.
Plan [): l-andscape Plan dated July 16. 202;1. prepared b1' Sathre-Bcrquist. Inc
SI'-1
4. Inrprovernents. Ihe [)eleloper shall install and pay fbr the fblluving:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Site Grading/Restoration
C. Underground Utilities (e.g. gas. electric. telephone, CATV)
H. Setting ofLot and Block N4onumenls
I. Surveying and Staking
J. Landscaping
K. Erosion Control
5. Timc of l'erformance. The Developcr shall install all required improvcments by
Nrx cnrbcr 15. 2015. The Derelopcr nra1. houser, rcquest an cxtension ol'time fronr the Citr.
[')ngineer. lt'an extension is granted. it shall be conditioned upon updating the securilv posted by (he
[)er eloper to reflect cost increases and the extended conrpletion date.
6. Securi$. To guarantce compliance $'ith the tenns ol'this Contract. palment of
spccial assessments. payment ofthe costs olall public improvements. and construclion ofall public
improvcments. the Developer shall lumish the Citl u ith a letter of credit in the I'orm auached hereto.
Iionr a bank acceptable to the ('ib-. or cash escrow ("securitl-") for $203,920.52. The amount o[the
sccurit\ uas calculated as I l09o ofthe lollouing:
$ 60.362.50
$ r r.500.(x)
$ 5.000.00
$ 55.708.(x)
$ 37.505.(x)
s170,075.50
$ r r.905.29$ 1.40r.5l
$ 15,306.110
sta('UltITY A]\t()trNT I I0'2, of t 1t5,3112.30 S2{}J 920.52
'lhis breakdoNn is lbrhistorical relerence; it isnota restriction on the use ol'the securitl,. The securitl
shall bc sub.icct 1o the approval ofthe C'ity. 'lhe ( ily may draw dou'n the security. u,ithout notice. lbr
anr riolation ofthe temrs ofthis Contract. Ifthe required public inrprovements are not conlpleled al
lcast thirl) (30) da1,s prior to the expiration of'thc securily, the Citl may also drau, it dou'n. Il the
Site Grading/Erosion Control/Restoration
Sanitary Sewer
Watermain
Storm Seu,er, Drainage System, including cleaning and maintenance
Streets
Suh-total, Construction Costs
IJngineering, sun'cying, and inspeclion (7%o of construction costs)
[.andscaping (27n ol construction costs)
Sub-total, Other Costs
SI'-2
't()1-AL (()ST OF PtTBLI(' Il\rPROVlll\IE,NTS S185.382.30
security is drau'n down. the draw shall be used to cure the default. With Ciqv 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 l0% of the original amount until (l) all improvements have been
compleled, (2) iron monuments for lot comers have been installed, (3) all financial obligations to the
('ity 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 noticestothe Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agenls, or mailed to the Developer by registered rrail al
the lbllowing address:
Steve Schwieters
Wooddale Builders
6l l7 Blue Circle Dr #l0l
Minnetonka, MN 55343
Phone: 952-345-0543
Email: steve@wooddalebuilders.com
Notices to the Cit1, shall be in *riting and shall be either hand delivered to the Ciry Manager, or
trailed to the City by certified mail in care ofthe Cily Manager at the follovving address: Chanhassen
City 11a11,7700 N4arket Boulevard. P.O. Box 147, Chanhassen. Minnesota 55317, Telephone (952)
227-t00.
tt. Other Special Conditions.
A. trEus
I . Prior to release ofthe plat for recording and prior to scheduling a pre-construction meeting,
Developer shall submit to the City $71,221.27 lbr the following City fees:
*Administration fee (based on estimated construction cost of $ 170,075.50, 3.0% for the
cosl of improvements)$5.102.27
CIS fee: 7 parcels @ $3O/parcel + $l0C) for the plat $3 10.00
Panial pa)'nlent of City sewer and rvater hookup fees
4 units @ $750/unil (sewer) + $2,750/unil (water)$ l.l.(xx).(x)
Park Fee: 4 dwelling units @ $5.800/unit $l_1.2()().(X)
Surface Water Management Fee $28.609.(X)
T0tal 57 t,221.21
SP-3
I]. C()NDI'IIONS OI-- APPROVAL
P lann in s:
I . Restrictive covenants nrust be recorded u ith the plat providing that Outlol B and Lot 5.
Block I shall not be cruvel-.ed separately lionr one another and that Outlot A and Lot 4.
Block I shall not be convel'ed separately lronr one another.
2. The I)eveloper shall include a tree protection plan that includes the location oftree
preservalion fencing.'l'ree protection fencing should be placed on the inside ofthe silt
fence to nrininrize danrage to root systenls.
3. 'fhe l)eveloper shall conducl a site visit vvith the Environmental Resource Specialist to
assess the condition of'the ash trees on sile. llthe ash trees cannot be saved. the) must bc
remol e d.
4. No nrore than ten percent ofthe trees may be from any one lree species. no nrore lhan 20
percent of the trees nray be from any one genus. and no more than 30 percent of trecs
fronr any one family. Developer shall adjust the landscape plan to reflect this
requirement- trees in the pine family currently represent 50% ofthe trees in the landscape
plan.
5. Developer must include rhe size ofthe proposed lrees. Overslory deciduous trees must be
a nrinimunr of2.5" caliper. understory lrees shall be a mininrunr of 1.5" caliper. Conifcrs
shall be at Ieast 6' in height when counted as an understory tree and 8' in height when
counted as an overstory tree or u,hen it's being planted as the required front yard tree.
6. Developer shall indicate which species the proposed trees are wilhin the landscape plan.
7. All proposed plantings nrust be done on the lot occupied by the house. No landscape
screening shall be located in any public right ofwal or rvithin 8' ofthe traveled portion
of the street.
8. Developer shall include calculations lor the required buffer 1'ard plantings u,hich are
listed in Chapter 20-l 176 (f), Buffer yard plantings are required along Minneu,ashta
Parkrvay rvhere the length and rvidth rvill determine lhe nunrber of trees and shrubs thal
need to be planted.
9. l,andscaping plan shall be updated to preserve some viervshed of the lake on [-ot 4 and
l-ot 5.
l. 1'he l)eveloper shall enler inlo Encroaclrnrent Agreements lor all private improvements
located rvithin public drainage and utility casements or right<rf-way, as approved hv the
City Engineer. prior to issuance of building permits.
2. An1'prer iously'recorded easements located u'ithin proposed public right-of-*a1 or
proposed public drainage and utilitl easenrenls must be vacaled prior to or concurrcntly
u ith the final plat.
r -l'he [)eveloper u,ill be required to provide additional plans. i.e. provide a den'alering plan
spccific to the site and geotechnical infonnation submitted u'ith the developntent or
provide clarification rcgarding the proposed excavation depths and the existing
ground*'aler elevation and update the report by llaugo Geotechnical Services. dated.lul-v.'
I 6. 202,1 accordingll,.
SI)-4
Enqineerins:
4. 'fhe Developer u,ill he required to update the proposed driveu,al configuralions to
confbrm to Sec. 20- l I 22 of City Code.
5. The Developer and their llngineer must anrend the construction plans, dated July I 6,
2024. prepared by Robert S. N,lolstad. I'E with Sathre-Berqu ist, Inc., to fully address
construction plan co,nnrents and conoems. F'inal construclion plans ra,ill be subject to
revieu, and approval by stal1' prior to the recording of the linal plat.
(r. The Developer shall televise all sanitary service laterals and submit the CCTV footage
and reporting to the ('ity' Engineer lbr review prior to thc issuance of building permits.
7. Water sen ice laterals shall be inspected by the Developer and their Contractor. in
coordination ivith the Cit,"" I ltility [)epartment. to ensure all curb stops are operational
prior to the issuance of building permits.
8. The Developer rvill be required to enler into a Developnrent Contract with the Citl'and
all applicable securities and fees prolided prior to recording ofthe final plat.
9. I)eveloper is responsible for obtaining required permits lrom all other agencies rvith
.iurisdiction over the project (i.e. Army Corps of Engineers. DNR. MnDOT, Carver
County, N4innehaha Creek Watershed Districl, Board of Water and Soil Resources, PCA,
etc. ).
Water quality nrodeling is required lo confirm the site nteets the'('it1''s r.i'ater quality
requirements ol60% TP and 90% TSS removal. Electronic copies olanl models used
(l{1,droCAD. N'llDS. and or P8) shall be revieu'ed and approved b1' staff prior to
recording of the final plat.
Modifications to the design and/or additional inlormation is rcquired to shou'the design
meets freeboard requirements. Additional information shall be provided verilying this
requiremenl is met and shall be revierved and approved by stall'prior to recording ofthe
final plat.
An Operations and Maintenance plan for all proposed private tsMPs incJuding the
inspection frequency. maintenance schedule, and responsiblc party shall be reviewed and
approved by staff prior to rccording of the final plat
Privately orvned BMPs shall bc nroved outside of public drainage and utility easements.
The plans and/or easements shall be updated and approved b1'stafl'prior to recording the
linal plat.
The Developer shall provide storrn sewer sizing calculatiorts and a catch basin drainage
area n'rap to confirm stonr se\\'er is sized to the I 0-1'ear er ent. l he calculations and map
shall be revieu ed and approved hy staff prior to recording ol' thc final plat.
Iluildintr:
l. Building plans must provide sut'licient information to vcrity lhat proposed building meets
all requirements ofthe N4innesota State Building Code, additional cornmenls or
requirements may be required alter plan review
2. A building pernril must hc obtained betbre beginning an-v- construction.
l
)
SP-5
\\'atcr Resources:
3. Retaining walls (if present) more than fbur f'eet high. measured fiom the bottom ol-the
looting to the top of the u all, nrust be designed by a professional engineer and a building
pernrit must be obtained prior to construclion. Retaining u'alls (if'present) under lbur f'eet
in hcight require a zoning permit.
4. A huilding permit must he obtained prior to derrolishing any slruclures on lhe sile and
helbre beginning any construction on the site.
5. A linal grading plan and soils repo( must be submitted to the Inspections f)ivision before
building permits rvill be issued
[-'ire:
l. Cul-de-sac will need to meet city standards lbr Iire apparatus tum around.
2. lJydrants must be added to the cul-de-sac
9. Gcneral Conditions. The general conditions of this Contract are aftached as Exhibit
"8" and incorporaled herein.
SI)-6
(.ITY OF CIIANIIASSEN
BY:
I:lis yan. Mayorc
(5EAL)
AND:
[-auric I lokkancn. ('it1' l\lanagcr
STATE OF MINNESOTA)
(ss.
COTINTYOFCARVER )
The foregoing instrumenl was acknowledged uetore me this I Z day ot A,u-nw-.4-
2W4bV Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager. of the City of Clhnhassen, a
Minnesota municipal corporation. on behalfofthe corporation and pursuant to the authority granted
by its City Council.
JENNIFER ANN POTTER N RY PtrBt_t(
NotarY Public-Min n6sota
Erpn.! Jln 31,?o21
SP- 7
Wooddale Builders. lnc.:
I]
Steven Schu'ieters- Presidcnl
S'IATE OF MINNESOTA )
A,
.ouNTy oF V,rvgf
(ss
)
. The loregoing instrumenl was ackrovlledged belore me this Y aa1 oi CKtoh<r-
ZO lt{Uf Steuen ichiieter.. Presidenr of Wooddale Builders, Inc.. a Minnesota corporation, on behalf
ol'the conrpant.
A^4<
DRAFTED BY:
City ofChanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -l lO0
NOTARY Pt IBLI('
AMY K. WEIDMAN
Notary Public-MInn€6ota
ErCt€. &n 3t, m,
SP.8
(/
EXHIBIT ''A''
TO
DEVELOPMENT CONTRACT
l-l:(iAl. t)lrS('RIP'l l()N OI: Stlll.ltr(ll Pt{()PlrR'l \':
'l'hat part of Govemment Lot 6. Section 5, Township I l6 North. Range 23 wesr of the 5th principal
I\leridian described as follows:
Bcginning at a point on the rvest line of said Govemmenl Lot 6 distanl 704.93 feet northerly fronr
the s()uthu'est comer of said Govemment Lot 6: thence on an assumed bearing ol Nor1h, along said
rvest line. a dislance of207.80 feet to a point on said *'est line distant 396.00 feet southerh lrom
the northwest cornerof said (iovemmenl Lot 6; thence on a bearing oiliast. parallel with ih,.'n.,rth
line of'said Gor emnrent I.ot 6 about 843 leet b the shoreline ofLake Minneu'ashtar thencc
southerly along said shoreline. to the inlerseclion q,ith a line bearing South 89 degrees;13 ntinutes
30 seconds East from the point olbeginning; thence North 89 degrees 43 minutes 30 seconds wesl
ahout 7 I a leet. t, ' rhe point of heginning.
lo bc platlcd as \\'A lt:ltVIIr\\. ('an,cr ( r,un1r. Nlinncsora
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
rrhieh lt,,lds i nl(,nrlsc rrn thc suhicct nr(rprn\. thc tlrrclt'prntnl ol uhielr is grrrenrecl hr lhe
lirrctoinu I)cvclopnrcnt ( or11;n.1. ugrccs thrt thc [)er clrrpnrcnt ( irrrtrlcl rhrll rr:n']ilin in l'Lrll tirrec Lrrrrl
cll'!'(l r\er) il it li'rccl('\c\ orr ilr rn0rluurc
l)ltcd tlrir tu, ur 1rhbr ..,A1
lfz.-
ba*-- Prurt"*- U A L- 6irco
s L\ I l ol. \'llN\l:s( ) 1 .\ )
I
(ss
( ()r \ t\'ol fl&$\seLt_..--1
thlhc li'rc r.:r I l g in\truntcnt rr l: aultrurr lcd etl hcli,rc nrc thir ll J.r ) r,l lse(
loz''l . h\t1.B<or tq he.
\( ) I \RY I'l 'l l('
t)t{.\1. :t) B\':
( itl r,l ( lranhusscn
77tl(l iUrrkcl llrru le r arrl
l). ( ). lhx l.l7
( lranltasscrr. l\lN 55.1 l7
(e5l)ll7-ll(x)
HANNAH KATHLEEN KUNZ
CONSENT AND JOINDER BY MORTGAGEE
Premier Bank (the "Mortgagee"), is a mortgagee under a mortgage (the "Mortgage") of
some or all ofthe real property described on Exhibits A and B to the Declaration for Waterview
(the "Declaration"). Mortgagee hereby consents to and joins in this Declaration; provided, that by
consenting to and joining in this Declaration, the Mortgagee does not in any manner constitute
itsetf or obligate iisetf as a declarant as defined in the Declaration nor does such consent and
joinder modifu or amend the terms and conditions of the Mo(gage and other loan documents, and
provided further that the Mortgage shalt be and remain a lien on the above-referenced property
until released or satisfied.
IN WITNESS WHER-EOF, the Mortgagee has caused this consent and Joinder to be
executed on the 3ih day of OC+obet- ,2024.
Premier Bank
6
Douglas A. Schu
Its: President
By
STATE OF MINNESOTA
COUNTY OF
)
)SS
The foregoing was acknowledged before me this 8th day ofOctober, 2024, by Douglas
A. Schultze, the President of Premier Bank, a Minnesota corporation, on behalfofthe
Corporation.
Notary Public
HAI{IIAH l(AIHLEEN I(UXZ
iiotarr ruauc
r,lmrattot^
r,Y coataBlror txttiaE Jlr
,,IUX}t:I3,hIAI HA}Ttl4AH 'l t
D
CONSENT TO PLAT
THIS CONSENT TO PLAT, is made this $lay of Octob er,2024,by Premier Bank
("Lender"), the holder of that certain Mortgage from Wooddale Builders, Inc., a Minnesota
corporation, to Premier Bank dated August 26,2024, filed August 27, 2024 as Document No.
A776645, in the principal sum of$1,500,000.00.
Lender does hereby approve and consent to making and filing of the plat known as
Waterview.
In testimony whereof, Premier Bank has caused this Consent to Plat to be executed the day,
month and year first above wdtten.
Premier Bank
frBy:
Douglas hul
Its: President
STATE OF MINNESOTA )
)
COUNTY OF a<
The foregoing was acknowledged before me this 8th day ofoctober, 2024, by Douglas
A. Schultze, the President of Premier Bank, a Minnesota corporation, on behalfofthe
Corporation.
Notary Public
This Instrument Drafted By:
CHB TitIC, LLC
10850 Old County Road l5
Plymouth, MN 55441
(61408)
HAI'IIIAH l(Ar}ILEEN XUI{Z
Dr..aa
ss.
l/\r, I'l:l:tlHfAi lrAtlUAx
I RRI.]\'OCA I}I- I' LE'I'I'IiI{ oF ('REDIT
No
I()Citl ofChanhassen
77(X) Markel Boulevard, Box l4?
('harhassen, Minnesota 55317
[)car Sil rrr Nlarianr
We herehr issue. tbr Ihe accounl o[(Name o1' f)cveloD!'r' )and in y.,our favor. our Irevocable
I-etter of Credit in the amount of $
undersigned bank.
available to you b1 lour draft draurr on sighl on the
l'hc drali nrust
a) tsear lhe clause, "Drau,n under Le[er of Crr.dit No . dalcd
c) Be presenled for payment a1
2
(Address of ll ank) . on or bcfirre 4:(X)p.m. on Novemhcr 15.
l'his Lener of Clredil shall aulomatically renew firr successive one-)ear terms unless, at least fon]*-
livc (45) days prior to the next annual renewal date (which shall be Novenrber l5 of each year), the Bank
delivers \\'rittcn notice lo the Chanhassen City Manager that it intends to modif),the lemls of, or cancel. this
Letter of('redit. \\/ritlen notice is effective ifsenl b) cerlified nrail, postage prepaid, and deposited in the t l.S.
Mail, at leasl forty-fivt'(45) days prior to the nexl annual renewal date addressed as frrllows: Chanlassen
Cit\ Manager. Chanhassen Citl' Hall, ?700 Markel Boulevard. P.O. Box 147. Chanhassen. MN 5-51 I 7. and is
acttlalh received b) the Cit) Manager at least thirt) (30) dars prior to the rencwal date.
This Letter ol'Credit sets forth in full our understanding which shall nol in any way be modificd.
amended, amplified, or limited by rel'erence lo an1. document, instrument. or agreemenl. whether or nol
rel'ened to herein.
This Letter of Credit is not assignable. This is not a Nolation Lener of Credit. More than one drau
may be made under this Letter of Credit.
This Lener of Credit shall be govemed b) the nosl recenl revision of the tlniform Custonls and
Practice for Documentary Credits, International ('hanrber ofComnrerce Publication No.600.
We herebl aBree lhal a draft drawn under and in compliance with lhis Letler of Credil shalJ be duly
honored upon presentation.
BY
ll.
Datc:
2_, of___[!a$s sI !art)_____r
b) Be signed by the Mayor or CiR Manager of the City of Chanha-ssen.
('IT\'()F (IHANHASSEN
I)EVEL()PM[,NT ('ONTItA('T
( l)o elopcr lnstallcd lnrproremcnts)
EXIilBt't'"8"
GIINERAIIONDIIONS
I. Right to Proceed. Wirhin the plat or land to be platted, the Developer may not grade
or otheruise dislurb the earth. remo\ e trees, conslrucl seu,er lines, u ater lines, slreets, utilities. public
or private inrprovements. or any buildings unlil all the lbllou'ing conditions have been satisfied: l)
this agreement has been ltlll executed by both parties and flled u,ith the ('ity c'lerk.2) the necessary
security and lees hare been receir,ed b)'the CiO', 3) the plat has been recorded \\,ith the (i)unty
Recorder's Office or Registrar o{'Title's Olficc ofthc ('ounty'u'here the plat is located. and 4) the City
Engineer has issued a letter that the t'oregoing conditions have been satislied and then the Developer
may proceed.
2. Phased Development. If the plat is a phasc ola multiphased preliminarv plat, the
flil\' nrav reltse to approve final plats of subsequent phases il'the Developer has breached this
Contracl and the breach has not been renredied. Der elopment olsubsequent phases may not proceed
unlil [)eveloprnent Contracts for such phases are approved by the(lity. Park charges and area charges
lor seu'er and u'aler relerred kr in this ('ontract are not being inrpused on outlo*. if anr, in the plat
that are designated in an approvcd prclinrinary plat tirr future subdivision inlo lots and blocks. Such
chargcs u'ill be calculated and irnposed u,hen the outlots arc final platted into lots and blocks.
3. Preliminary Plat Status. lfthc plat is a phase ofa ntulti-phased prelinrinarl plat. thc
prelirninarl'plat approval lor all phases not linal platted shall lapse and be void unless final platted
into lots and blocks. not outlots. u,ithin nvo (2) years afier preliminary plat approval.
4. Changes in Official Controls. For two (2) years liom lhe dale ofrhis Con1rac1, no
anrendments to thc Cit)''s Contprehensive Plan. except an amendrlent placing the plat in thc currenl
urban service area. or olllcial controls shall apply to or aff'ect the use. development densily, lot size.
lot lat'oul or dedications ofthe approved plat unless required h1'state or l'ederal lau or agreed to irr
writing by the City and the Developer. Thercafier. notu,ithstanding anllhing in this ('ontract to rhe
contran. to the lirll extcnt pennitted b) slate la\\, the Cit1.mal require conrpliance u,ith any
anrendments to the Citl's Comprehensive Plan. ofllcial controls, platting or dedication requircments
enacted afier the dale ol.this Contract.
5. Improvements. The improvements specified in the Special Provisions ol' lhis
Contract shall be installe'd in accordancc *'ith ('itl slandards. ordinances. and plans and specificalions
vrfiich havc been prepared and signed b) a competen( registered prol'essional cngineer fumished to
the ('ity and approvcd b1,the ('ity Engineer. 'l-}re Developer shall obtain all necessan permits fronr
the l\letropolitan (ouncil Environnrental Services and olher peninent agencies before pnrceeding
(;c-1
\\ ith construction. The ('ity r.r'ill. at the Developer's expense. have one or mL)rc constructi('n inspcctors
and a soil engincer inspect the n'ork on a lull or part-time basis. The Developer shall also prtx ide a
qualified inspector to perform site inspections on a daily basis. Inspeckrr qualifications shall be
subnritted in uriting to the Cily Engineer. "fhe Developer shall instruct its project engineer/inspector
1o respond Io queslions lrom the Citl lnspector(s) and to make periodic site visits to satisf; that the
constructiur is being pertbmred to an acceptable level of quality in accordance with the engineer's
design. -l'he Dclekrpcr or his engineer shall schedule a prcconslruction nreeling at a mutualll
agreeable time at the City Council c,hanrbers with all parties concerncd. inoluding the City stall'. to
ret icw the program for the construction u,ork.
6. Iron Monuments. Ilefore the securitl' lirr the complelion of utilities is released. all
nronuments must be correctll placed in the ground in accordance u ith Minn. Stat. Q 505.021 . 'fhe
Developer's surveyor shall submit a u,ritlen notice to the Cit1.' cerlil.ring that the monuments have
been installed.
7. License, The Developer hereb\ tsranls the Cit1. its agents, emplolees, officers and
contractors a license to enter the plat to perlorm all work and inspections deemed appropriate by lhe
Cin in conjunction rvith plat development.
8. Site Erosion and Sediment Control. Befbre the site is rough graded. and before an1,
utilit) conslruction is commenced or building permits are issued. the erosion and sediment control
plan. Plan B. shall be implenrented, inspccted. and approved by thc Citi,. The Cit1.ma1- irnpose
additional crosion and sediment control requirenrents ifthey would be beneficial. Allareas disturbed
b1' the excavation and backfilling operalions shall be reseeded lorthu,ith afler the complction o{'the
\\ork in that area. Exccpt as othenl,ise prol ided in the erosion and sedimenl control plan, seed shall
be oertified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall
bc lerlilized, mulched. and disc anchored as necessan lor seed retenlion. The. parties recognize that
tinte is o1'the essence in controlling erosion and sediment lransport. Il'the Developer does not comply
rT 'ith the erosion arrd sediment control plan and schedule of supplemen(an instruclions received fiom
the City, the C'ily may take such action as it deems appropriate 1tl control enrsion and sedintenl
tralrspon at the Developer's expense. The City rvill endeavor to noti,i the Developer in ad.r'ance of
an\ proposed action, but lailure ollhe City to do so u,ill not afl-ect the Developer's and City's rights
or obligations lrereundcr. No developnrerrl lvill be allou'ed and no building permits u,ill be issued
unless the plat is in full compliance lrith thc erosion and sediment control requirements. llrosion and
sedintent control needs to be maintained until vegetative cover has been restored, even ifconstruction
has been complcted and accepted. After the site has been stabilized to uhere, in the opinion ol'the
City, there is no longer a need for erosion and sediment control, the (iity will authorize tlre removal
olthe erosion and sedimenl control. i.e. ha1'bales and silt lence. The Developer shall remorc and
dispose of the erosion and sediment control m€asures.
8a. Erosion Contrnl During (ionstruction of a Dwelling or Other Building. Belirre a
building pennit is issued lor construclion ol'a duelling or other building on a lot. a $5(X).0(l cash
escrow or letler ol'credit per lot shall also be t-umished to the (lit) to guarantee compliance uith ('iq
Code $ 7-22.
(i( -2
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clcan. on and ofTsite. dirt and debris. including blo*'ables. tionr streets and the surrounding area that
has resulted tiom construction work bv the l)eveloper. its agents rrr assigns.
10. Acceptance and Ownership of Inrproventents. Exccpt lbr streets and utilities
identified as privatc under the terms ol'this Agreeltrent, all other improventents lving vvithin
public easemcnts shall become City properly upon completion and acceptance by the ( ity of the
rvork and conslruclion required by this contract. A tier contplelion of the ilnproventenls. a
rcprescntative olthe conlraclor, and a represen(ativc ofthe Deteloper's engineer will make a final
inspection o1'1he *rrrk r.r,ith the C'ity Engineer. Belore the Clitl accepts the intprovemenls. the City
l:ngincer shall be satisfied that allvr'ork is satisfactorill'completed in accordance u,ith the approved
plans and specitications and the [)er eloper and his enginecr shall suhmit a $,ritten statement to the
( itv Engineer certifying that the project has been complercd in accordance r.r,ith thc approl ed plans
and specifications. 1'he appropriale contractor u,aivers shall also be provided. Final acceptance ol
the public improvements shall be b1, Ci$ Council resolulion.
I I . Claims. In the e\ ent thal the Cil) receives claims lrom laborers, materialmcn, or
olhers that u'ork required bl this Contract has heen perfomred, thc sums due them have not been paitJ.
and the laborers. materiah.nen. or uthers are seeking pavnrent oul of the financial guarantees posted
with the City. and i1'the claims are no( resolved at lcast ninety (90) days belirre the securin required
h) (his ('onlract u'ill expire. the [)eveloper hcreby authorizes the City to commence an Interplcader
action pursuant to Rule 22, Minnesota Rules of Civil Proce dure li.lr the District Couns. Io draw upon
lhc' letlers of cre'dit in an amounl up to l25o4r of'Ihe claim(s) and deposit the lunds in compliance rvith
thc Rule, and upon such deposil, the [)eveloper shall release. discharge. and disnriss the City fiom
anv furlher proceedings as it pertains to the letters of credit deposited u,ith the Dislrict Court. except
tha( the flourt shall rctain .jurisd iction to delennine altorneys' fees.
12. Park Dedication. The [)eveloper shall pay full park dedication fces in conjunction
u'ith lhe installation olthe plat improvements. The park dedication fees shall be tlrc currcnt amount
in lorce at thc time of final platting pursuant to Chanhassen City Ordinances and City Council
rcsolutions.
13. Landscaping. l-andscaping shall bc installed in accordancc rvith P]an D. ttnless
othenlisc approved by the t'iq. trees not listed in the C'ity's approved lree list are prohibited. I'he
mininrum tree size shall be tu,o and one-half(2'i) inches caliper. either hare root in season. or balled
and burlapped. The trees nray not be planted in the boulcvard (area bet$,een curb and property line).
ln addilion kr anv sod required as a part ol'the erosion and sedinrent control plan. Irlan B. the
Dereloper or krt purchaser shall sod the boulerard area and all drainage wars on each krt utilizing a
mittimum ofsix (6) inches oftopsoil as a base. Seed or sod shall also be placed on all disturbed areas
ol'the lot. ff these intprovements are not in place at the time a certificate ol'occupancy is requested.
a linancial guarantee of$750.00 in the form ofcash or letter ol'credit shall be provided to the ('ig.
'fhcse conditions must then he conrplied r.r'ith rr'ithin tu'o (2) months afier the certificate ofoccupanc)
issued. except that il'the certificatc oloccupancv is issued helrveen October I through N,lay I these
conditions must be complied uith by the follou,ing Jull lst. Ilpon expiration ol'the time period.
inspeclions rvill he conductcd b) City slafl to verily satislhclon, conrpletion ofall conditions. ('ity
(ic-3
staff u,ill conducl inspections of incornplele items n'ith a $50.00 inspeclion tbe deducted liom the
cscrorv l'und lirr e6.1', ;r.p..,'on. After satisl-actory inspection, the tlnancial guarantee shall be
rcturned. Il the requirenrents are not satisfied. the City ntay use the security to satisly the
requirenrents. 1-he Cily'nray also use lhe escron'ed funds for nraintenance olcrosion control pursuant
to City ('rde Scction 7-22 or to satisf), any other requirements of this f'ontract or of ('ity ordinances.
'l hese requirenrents supplenrent, but do not replace. specific landscaping conditions that ntav have
been required b1 the City'C.'ouncil for projecl approval.
11. Warran{v. The Developer u'anants all inrprovemenls required to be constructed br,
it pursuant to this Contract against poor nraterial and laulty rvorkmanship. The Developer shall subnrit
cither l) a rvanantv/maintenance bond lbr 100% ofthe cost ol'the improvement. or 2) a letter ofcredit
lbr tsenlr'-iivc percent (250,6) ofthe amounl ofthe original cost ofthe improvements.
A. The required rvarrantl period lbr materials and rvorknranship for the utilitv contraclor
installing public ser.r,er and u,ater mains shall be two (2) \.ears from the date of final u,ritten City
acceptance of the u,ork.
B. The required \\,arrant) period lor all r.vork relating to street construction, including
concrete curb and gutler. sidewalks and trails. malerials and equiprlent shall be subject to l\\,o (2)
l,ears liom the date of tlnal writlen acceptance.
C. The required warran[, period for sod, trees. and landscaping is one full grou,ing
season following acceptance by the City.
I5. LotPlans. Priorto the issuance of building pernrits. an acceptable (irading, [)rainagc.
lirosion Clontrol including silt flences, and 'l'ree Renroval Plan shall he submitted lbr each lo1 lor
revieu'and approval b) the (lit) Engineer. Each plan shall assure that drainage is maintained arvav
lrom buildings and that tree removal is consistent rvith development plans and Citl Ordinance.
16. Existing Assessments. Any existing assessments against the plal u,ill be re-spread
against the plat in accordance with Ciity standards.
17. Hook-up Charges. At the time ol'final plat approval thc Developer shall pay
30% ol'the City Seu,er lJook-up charge and 30% o1'thc City Water hook up charge lbr each lot
in thc plat in the amount specified in Special Provision. Paragraph 8. of this Development
Contract. l'he balancc of the hook-up charges is collected at the tirne building permits are issued
are based on 70% of the rates then in clfect. unless a uritten request is made to assess the costs
or er a lour ) ear teml at the rates in ell-ect at tinre o1-application.
18. Public Street Lighting. The l)eveloper shall have installed and pay lirr public street
lights in accordance u'ith City standards. Thc public street lights shall lre accepted tbr ('ity ownership
and ntaintenancc at thc sanre tinre that the public strect is accepted hrr ou:rership and maintcnancc.
A plan shall bc submitted lor the Citl Enginecr's approval prior to the installation. Beforc the Citl
signs the final plal. the I)eveloper shall pay thc ('it]' a I'ee ol'$300.00 lbr each street light installed in
(i('-4
the plat. The fee shall be used bl the ('ity for lumishing electricitl and maintaining each public street
light lbr twenty (20) months.
19. Signage. All street signs, traflic signs, and wetland monunrentation required by the
Cilv as a part of the plat shall be furnished and installed by thc Cit1, aI the sole expense of the
Developer.
20. House Pads. The Developer shall pronrptly lirmish the City "as-built" plans
indicating the amount, lype and limits ol'fill on anv house pad localion.
21. Rcsponsibilitv firr Costs.
A. The [)ereloper shall pa1'an adnrinistrative fee in conjunction u,ith thc installation
ofthe plat improvements. This fee is to cover the cost of City stal'ftime and overhead for itents such
as review of construction documenls, preparation of the Development ('ontract. moniloring
construction progrcss. processing pav requests. processing securitl,reduclions. and final acceptance
of improvements. This lee does no1 col'er lhc Cil1's cost for construclion inspections. The fee shall
be calculated as lbllows:
i)il-the cost of the constntction of public improvemcnts is less than $500,000,
three percenl (3oZ) ofconstruction costs:
ii)ifthe cost ol'the construction ol public improvemenls is betu,een $500.000 and
$1.000.000, three percent (3%) of construction costs for the first $500,000 and
two percent (2oln) of construction costs over $500.000:
iii) if the cosl of the construction of public improvements is over $ I ,000,000, two
and one-half percent (21'zoh) ()l' construction costs fbr the first $1.000.0(X) and
one and one-half percent ( I r/r%) of construction costs over $ I .000,000.
Belore the Ci6 signs the final plat. the Developer shall deposit rvith the Ciity a fee based upon
construction estimates. After construction is cornpleted, the llnal fee shall be determined based upon
actual construction costs. The cost ofpublic improrements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administratire t'ee. the [)ereloper shall reimburse the City fbr all
costs incurred br- the Citv for providing construclion and erosion and sediment control inspections.
This cost u'ill be pcriodically' billed directll to the l)evcloper based on the ac(ual progress olthe
construction. Paynrent shall be due in accordance with Article 2l E of th is Agreenlent.
C. The Developer shall hold the Citl'and its officers and cmployees harmless lrorn
clainrs made b1 itselfand third parties lbr danrages sustained or costs incurred resulting frorn plat
approval and development. The Developer shall indemnili the City and its officers and entployees
lbr all costs. dnmages. or expenses rvhich the City rnal pay or incur in consequence ol'such claims.
including altome) s' lees.
(ic-s
D. ln addition to the administrative f'ee. the Developer shall reinrburse the City lirr
costs incurred in lhe enftrrcement of this Conlract, including engineering and attomeys'fL.es.
E. 'l'he Devcloper shall pay in lull all bills submitted to it bi.'the ('itv lbr obligations
incurred under this firntrac( u ithin thi4 (30) day's alter receipt. If the bills are not paid on timc. rhe
('ity may halt all plat developrnent u,ork and construction, including but not limited 10 lhe issuancc
olbuilding pemrits lbr lots uhich the DeveLrper nrav or mav not have sold. until the bills are paid in
lull. Bills not paid u'ithin thin) (30) days shall accrue inrerest at the rate of 89'o per vear.
l-. In addition to the charges and special assessmenls relerred to lrerein. other charges
and special assessnlenls ma1 be inrposed such as. but ntt limited to. se$,er availability charges
("SAtl'), ('ity u,ater conneclion charges. City sewer connection charges, and building pernrit fees.
G. Private l.Jtilities. The Developer shall have installed and pay for the installation of
electrical. natural gas. telephone, and cablc lelevision service in conjunction r,r,ith the overall
devc'lopntent improvements. These services shall be providcd in accordance with each of the
respective tianchise agreenrents held n,ith the City.
H. The dcveloper shall pa1 the City a lee established bv Citl,Council resolurion.
to reimbursc the City lor the cost olupdating the Citl's base maps. GIS dala base files, and converling
the plat and record drawings inlo an electronic fomrat. Record drarvings must be submitted within
tirur months of final acceptance of public utilities. All digital information submitled to the Ciq,shall
be in the Clan'er County Coordinate ststem.
22. Developer's Default. In lhe event ot'delault by the Developer as to any ofthe uork
to bc perfonned bf it hereunder. the tliti/ may. at its option, perlonn the rvork and the Developer shall
pronrptly reimbursc the City lbr an.v expense incuned b1'the City. provided the Developer is lirst
given notice of the u'ork in default. not less than four (4) da1,s in advance. This (lontract is a license
fbr the ('ity to act. and it shall no1 be necessary for the City to seek a flourt order for pennission to
enter tlte land. When the ('ity does any such rvork. the Cit-r' may. in addition to its orher rcmedir:s.
assess 1he cost in u,lrole or in part.
23. Miscellaneous.
A. ( onstruction Trailcrs. Placcment trl on-sitc (()nslrueli()n trailers and tempr-rrar1 irrh
site officcs shall be approved bl the Cit1, lingineer as a part of the pre-construction meeting lor
installation ofpublic improvements. l'railers shall be remor,ed liom thc sub.ject propeq uithin thirtl
(30) da1's lirllowing the acceptance of'the public inrprovements unless otheru,ise approved by the (iiry
Engineer.
B. Postal Service. The Developer shall provide lbr the n)ainlenance of p{rstal
service in accordanoe with the local [)ostmaster's request.
C. l'hird I'arties. '['hird partics shall hare no recoursc against the Citr under this
('ontracl. T'hc ('it1 is not a guaranlor o1'the [)eveloper's ohligations under this (:()ntract. 'fhe ('ity
(;c-6
shall have no responsibility or liability to lot purchasers or others lbr the ('ity's failure to enforce this
Contract or lbr allowing deviations from it.
D. Breach ofContract. Breach ol'the temrs of this Contract h1 the [)ereltrper shall
be grounds tbr denial ofbuilding permits. including lots sold to third parties. l'he Cilr. rnal also issue
a stop work order halting all plat developntent until the breach has hcen cured and the Citi. has
reccived salisfaclory assurance lhat the breach nill not reoccur.
F. Building Pemrits Building pernrits will not bc issued in the plat until sanitary
server- r',,alermain. and stonr sen,er have been installed. tested. and accepted by the City, and the
streets needed for access hate been paved u,ith a bituminous surface and the sitc graded and
revegctatcd in accordancc u,ith I'lan B ofthe dcvelopnrent plans.
G. Waivers/Amendnrents. T'he action or inaction of the City shall not constitute a
u'air er or amendtrent to tlre provisions ofthis ('ontract. 'fo be binding. amendments or u'aivers shall
be in writing, signed b;'the pafties and approved by u,ritten resolution ofthe Ciry Council. Thc Ctiry"s
failurc to prompll), take lcgal action lo enforce lhis Contract shall not be a waiver or relcase.
H. Release. This C'ontract shall run wilh the land and may be recorded againsl the
title to the property . Alter the l)eveloper has completed the u,ork requircd of it under this Contract,
at thc Developer's request the City Manager rvill issue a Certificate o1'Compliance. Prior to the
issuance o f' suc h a cert ilicate. indir id ua I lot ou'ners nray make as u ritlcn request fbr a cerl ili cate
applicable to an individual lot allorving a mininrum olten ( l0) days for processing.
I. Insurance. Developcr shall mke out and nraintain until six (6) nronths alter lhe Ciry
has accepte'd the public improvemenls, public liahility and propert.r,' damage insurance covering
personal injun,. including death, and claims for propertl damage u,hich nrar arise out of Dereloper's
work or thc work of ils subcontraclors or by one dircctly or indirectll employed by any ol'them.
Limits lol bodili' iniury and death shall be not less than $50(),000 for one person and $ I ,000,(X)0 for
each occurrencel limits lbr properry- damage shall be not less than $500,000 for each occurrence; or a
conrhirration single linrit polio,of $1,()00.000 or nrore. The Citl'shall he named as an additional
insured on the policy. and the Developer shall file n,ith the City a cenificate evidencing coverage
prior to thc (lity signing the plat. The certificate shall pror,ide thal the (litv ntusl be given ten ( 10)
dals adrance uritten notice ol'lhe'cancellation ofthe insurance. The certificate nta\ not contain an\
disclaimer lbr failure to give the required notice.
l. Remcdies. Fach right. powcr ()r rcmedl herein c()nferrcd unon the ('iD ts
cunrulative and in addition to er er-l other right. pou,er or remedv, expressed or implied, novv or
herealier arising. availahle to Cit1, at larv or in equity. or under an1 other agrecment. and each and
eYery right. pou'er and remedy herein set lbrth or olheru,ise so existing may,hc exercised from tinre
(;c-7
E. Severabilitv. Ifany po(ion. section. subsectitrn. scnlence. clause. paragraph. or
phrase of this Contract is lbr an) reason held invalid, such decision shall not affect the validitl'ofthe
remaining portion of this Contract.
to time as often and in such order as may be deenred expedient hy the City and shall not be a u,aiver
olthc right to excrcise at any tinle thereafter any othcr riglrt. power or renredy.
K. Assienabilitv. The Developer nray not assigr.r this Contract without the rvritten
pernrission ofthe'('it1'Council. The [)eleloper's ohligation hereunder shall continue in lull lirrce and
eff'ect even ifthe [)e'veloper sells one or more lots. the enlire plal. or an]' parl ol it.
[,. Construction Hours. Construclion hours, including pick-up and deliveries ol'
rnatcrial and equipment and thc operation of any intemal conrbustion engine, may only occur
lronr 7:00 a.nr. to 6:00 p.nt. on u'eekdar s. liom 9:00 a-nt. to 5:00 p.nt. on Saturdal s u,ith no such
acti\ity allowed on Sundays or on lcgal holidays. Contractors must require their suhcontractors.
agents and supplies to cornpll., u'ith these requirenrents and the Contractor is responsible l'ur their
lailure to do so. IInder emergenc)' conditions. this Iirlitation mal be u,aived by the u,ritten consent
of the Citl Engineer. [f construction occurs outside of the penlitted construction hours.
the ('ontractor shall pa1 the following administrative penahies:
First violation S 500.00
Second violation S I,000.00
Third & subsequent violations All site development and construction must
cease tbr seven (7) calendar days
M. Noise Amplification. The use ofoutdoor loudspeakers. bullhorns. intercoms. and
similar devices is prohibited in coniunctiotr $,ith the construction ol homes. huildings. and the
improvements required under this contract. 'l-he adnrinistrative penalty lirr violation ol'construction
hours shall also apply to violation ofthe provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadu,ay
improvements shall be the responsibility o1'the Developer regardless if the Citl has issued building
permits or occupancy pemrils lor lots rvithin the plat.
O. Street Maintenance. The Der eloper shall be responsiblc lbr all street maintenance
unlil streets within the plat are accepted by the ('ity. Waming signs shall be placed by the Developer
u'lrcn lrazards develop in streets lo prevent thc puhlic from traveling on same and directing attention
to detours. Ifstrecls become impassable. the ('ity nray order that such streels shall be barricaded and
closed. Thc [)eveloper shallnraintain a smoolh roadrvay surface and provide proper surf'ace drainage.
Thc Developer rnay requesl. in rvriting, that the City plou,snow on the streels prior Lo final acceptance
of the streets. l"he Ciq shallhavc cornplete discretion to approve or reject the request. The C)ity shall
not be responsible lor reshaping or damage to the streel base or utilities because ol snovl plou ing
operations. 'l'he provision of Cilv snorv plorving service does not constitute linal acceptance of thc
streets b1 the City .
P. Slonr Se\.\,er Mainlenancc. ['he l)evelo per shall be responsihle tbr cleaning and
maintenance of the stomr seu'er systenl (including ponds, pipes, catch basins, culvens and swales)
u,ithin the plat and the adjacent off-sitc storm se\4,er s) stem that receiles slorm u,ater liom the pla1.
The Dereloper shall follou all instructions it receives lionr the Ciitv conceming the cleaning and
G('- I
maintenance ol'lhe slon.n sewer svstem. 'fhe l)cveloper's obligations under this paragraph shall end
ts'o (2) vears afier the public strect and slomr drainage inrprovenrents in the plat have been accepted
by the ('it1 . T$,enty perccnt (20%) of the slonr se\\,er costs, shown under section 6 ol'the special
plovisions of this contract. u'ill trc held b1' the Cil1 fbr the duration ofthc 2-vear nraintenance period,
Q. Soil Treatnrenl Syslenrs. lf soil treatrnenl systenrs are required. the Developer
shall clearll identify in the field and protcct fronr alteration. unless suitable altemative sitcs are lirst
provided. the trvo soil treatmenl sites identified during the platting process lbr each lot. This shall be
done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall rc'nder
thenr as unacceptable and replacement siles vi ill need to be located for each violated sitc in order to
obtain a huilding permit.
R. Variances. Bv approving the plat. thc [)eveloper represents that all lots in thc plat
are buildable without the need fbr variances fronr the Citv's ordinances.
S. Conrpliance *ith Laus. Ordinances. and Rcqulations. ln the delelopnrenl ot'the
plal the [)cveloper shallcomply u'ith all larvs. ordinances. and regulalions ofthe [ollowing authoritics:
l. ('ity of Chanhassen:
2. State of Minnesota, its agencies. departmenls and commissions:
l. Llnited States Arml'Corps ofEngineers;
4. Watershed District(s);
5. N4etropolitan Government, its agencies. deparlments and commissions
T. Prool'of Title. LIpon request. the Developer shall fumish the City with evidence
satislactorl to the Cit) that it has the authoritl,ofthe lee ormers and contract lirr deed purchasers to
enter into this Development Contract.
t I. Soil Conditions 1'he Developer acknou,ledges that the Citl' makes no
representations or vi,arranties as to tlte condition of the soils on the property or its fitness lbr
collstruction ol'the improvements or any other purpose lor rvhich the f)eveloper may ntake use of
such property. Thc Developer lurther agrees that it ilill indemnify. delbnd. and hold harmless the
('ity, its govenring hody rnembers, officers, and employees fronr any claims or actions arising out of
tlle presence. il'any. of hazardous \\,asles or pollutanls on the propertv. unless hazardous \\,astes or
pollutants rr,ere caused to be there b1' the Clig.
V. Soil (brrection. Thc l)eveloper shall be responsible lirr soil correctir'rn n'ork on
lhe properl). 'l'he Cil1 makes no representation to the Developer conceming the nature ofsuitability
ol-soils nor tlre cost ofcorrecting any unsuitable soil conditions u,hich may exist. On lots u,hich lrave
no fill nraterial a soils report lrorl a qualilied soils engineer is not required unless the Citi,''s building
inspeclion deparlment deternrines from observation that there nral'be a soils problem. On lots with
llll matcrial thal have becn mass graded as parl ol'a multi-lot grading proiect. a satislacton soils report
liom a qualified soils enqineer shall be pror ided beltrrc the C-it1 issues a building permit ltrr thc lot.
On lots r.l,ith fill material that have been cuslom graded. a satisf'actory soils report liun a qualificd
soils engineer shall be provided belore the ('itl inspects lhe lbundation lbr a huilding on the lot.
( i('- 9
W. Haul Routes. The l)eveloper, thc [)eveloper's contractors or subcontractors
must submil proposed haul routes lor the imporl or exporl of soil, conslruction nraterial.
construction equipment or construction debris. or anv other purpose. All haul routes nrust be
appror ed b1' the City Engineer
X. Derelopnrent Signs.The Dereloper shall post a six lirol b) eight lix)t
developnrent sign in accordance u'ith City Detail I'late No. 5313 at each enlrancL' to the projecl.
'l-he sign shall be in place belore construction ofthe required improvemenls cornnlences and shall
he removed rvhen the required improvements are completed. except lor the linal lilt ofasphalt on
streets. The signs shall conlain the following inftrrnration: projecl name, nante ol'developer,
developer's lelephone nunrber and designated contact person, allou,ed construction hours.
Y. Construction Plans. lJpon final plat approval, the developer shall provide the
Citl'with lwo complete sets of full-size construction plans and ft)ur sets of ll"xl7" reduced
construction plan sets and lhree sets of specifications. Within four nronths afler the cornpletion of
the utiliS-, inrpnrvemenls and base course par,ement and belore the security is released. the Dereloper
shall suppll thcCitl *'ith the follo*ing: ( I) a complete set of reproducible Mylaras-built plans. (2)
two complete full-size sets ofhlue line/paper as-built plans, (3) t$r) corrlplete sets of utility tie sheets.
(4) location of huried fabric used for soil stabilization. (5) location stationing and su,ing ties of all
utility stubs including draintile cleanouls. (6) bench mark nelrvork, (7) digital file ol as-built plans in
both .drf & .tif lbrmal (he .dxf tile must be tied to the current county coordinate si stem), (8) digital
tilc olutilitl,tic sheets in either.doc or.tif firrmat. and (9) a breakdown oflineal ftiotage ofall utilities
installcd. including the per lineal tbot bid price. The Developer is required to submit the final plat in
cleclronic fo.".at.
Z. As-Built l-ot Sun,evs. An as-built lot sun,e l,rvill be required on all lots prior to
thc Certificatc ol'Occupancy being issued. The as-built lol surve) rnust be prepared, signed. and
dated by a Registcred Land Surveyor. Sod and the bitunrinous drivervays must be installed before
the as-buih survef iscompleted. Ifthe u,eather conditions at the tinre ofthe as-built are nol conduei\ c
to par,ing the driVeu,a\, and/or installing sod. a temporar)' (lenificate ofOccupancY nral be issued and
thc as-built escrovv vlithheld until all uork is complete.
R.\ ! 1ll 2021
(ic- 1 0