25-02 Development Contract mayor signed001CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
PLEASANT VIEW POINTE
DEVELOPMBNT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
REQUEST FOR PLA'I APPROVAL......
CONDITIONS OF PLAT APPROVAL......
t)EVEI.OPMENT PI-ANS ....
IMPROVEMENTS......
TIME OF PERFORMANCI]
SECI.]RITY
NOTICE
OTHER SPECIAL CONDITIONS,.,,,,
GENERAL CONDITIONS
PAGI.,
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2
3
4
5
6
7
8
9
SP- I
SP- I
SP- I
SP-2
SP.2
SP.2
SP-3
SP-3
SP-5
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.......GC-l
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.......GC-2
..,,,,'cC-2
I{I(]HT TO PROCET.,D........
PHASED DEVE,LOPMtTNI-
PRELIMINARY PLAI' S'I'AI'US
stTE EROSION AND SEDTMENT CONTROL.... ..........................GC-28A. EROSION CONTROt, DURINC CONSTRUCTION OF A DWELLING OR
I
2
3
4
5
6
7
8
OTHER BUILDINC
CLEAN UP.......
ACCEPTANCE AND OWNERSHIP OF IMPROVEMEN'IS.,............
CLAIMS
PARK DEDTCATION
LANDSCAPINC ,......
WARRANTY
LOT PLANS....,
EXISTING ASSESSMENTS
HOOK-UP CHARGES..........
RESPONSIBILITY FOR COSI-S
DEVELOPER'S DEFAI.'I,I-........
MISCELLANEOI.JS
Construction Trailers
Postal Service...........
Third Partics.............
Breach of Conlract ...
GC-2
(rt - j
GC-3
cc-3
CC.3
GC.3
GC.1
GC.4
GC.4
CC-,1
GC-,t
GC-5
GC-5
GC-5
cc-6
PUBLIC SI REEI LIGI I'I'ING.....,,.
SIGNAGE......,
HOUSE PADS
B.
C.
D.
E.
f
Severability
....cc-7
....GC-7
SPI:( lAl- I'ROVISIONS
CENERAL CONDITIONS
9.
10.
ll.
t2.
13.
I4.
t5.
t6.
17.
18.
t9.
20.
2t.
22.
22.
F.
G.
il.
I.
J.
K.
L.
M.
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o.
P.
a
R.
S,
T,
U.
w.
x.
Z,
Building Permits GC-7
cc-7
GC-7
GC-8
CC-8
GC.8
cc-8
lnsurance..
Remedies...........
Assignability.....
Construction Hours.................
Noise Amp1ification......................
Slorm Sewer Maintenance
Soil Treatment Systenrs
Compliance with Laws. Ordinances. and Regulations
As-Built Lot Surveys
...............................GC-g
...............................cc-9
GC-9
Soil Conditions CC.I O
(ic-10
(i('- I I
t1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Dcvclopcr Installed Irnprovernents)
PLEASANT VIEW POINTE
s-PtrctAL PRo]{tstoNs
AGREEMENT dated May 19,2025 by and between the CITY OF CHANHASSEN. a
Minnesota municipal corporation (Ihe "City"). and. Rachel Development lnc.. a Minnesota
corporation ( the "Developer")
l. Request for Plat Approval. 'Ihe Developer has asked the City to approve a plat Ibr
a twenty-lot. single-family horne subdivision (refened to in this Contract as the "plat"). The land is
legally described on the attached l'.xhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract. fumish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 120 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 be lore commencement of any
work in the plat. lf the plans vary t'rom the written terms of this Contract. the written terms shall
control. The plans are:
Plan A: Final ['lat I'lans by Allianl [ingineering datcd 04- I tt-2025
4. Improvements. -fhe Developer shall install and pay lbr the fbllowing:
Sanitary Sewer System
Water System
Storm Water Drainage System
Streets/ Curb/ Gutter - Peaceful Lane
Streets/ Curb/ Gutter - Peaceful Lane Reconstruction
StreetV Curb/ Gufter - Nez Perce Drive Extension
Streets/ Curb/ Cutler Nez Perce Drive Reconstruction
Crading & Erosion Control
Mobilization
Street Lighting
Site Crading/Restoration
Underground Utilities (e.g. gas, electric. telephone, CATV)
Setting of Lot and Block Monuments
A,
B.
C.
D.
E.
F.
c.
H.
I.
J.
K.
L.
M
SP.1
Surveying and Staking
Landscaping
Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
August 19, 2026. The Developer may. however. request an extension oftime from the City Engineer.
I1'an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cosl increases and the extended completion date.
6. Security. To guarantee compliancc with the terms of this Contract. paymcnt ol
spccial assessments, payment ofthe costs ol all public improvements. and construction ofall public
improvements. the Developer shall lumish the City with a letter olcredit in the fbrm attached hereto.
fromabankacceptabletotheCity,orcashescrow("security")lor$1J87,498.02.'l'heamountolthe
security was calculated as ll07o ofthe lollowing:
N
o
P.
Site Grading/Erosion Control/Restoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Streets
Lighting
Mobilization
$ l 92.867.48
sl t7.t44.04
$130.973.80
$309.631.95
$368.370.73
$ I 0.000.00
$28,224.70
Sub-total, Construction Costs $ 1.157.212.70
$8 t.004.89
$23. r44.25
lingineering, sur.ueyin g, and inspection (770 of construction costs)
Landscaping (27o of construction costs)
Suh-total, Other Costs Sl04,l49.ll
TOTAL COST OF PI.]BI,IC IMPROVEMENTS SI,26I,36I.II{
SECURITY AMOUN't (l l0% of Sl16l,36l.8{ ) SlJ87,{9t1.02
This breakdown is for historical reference: it is not a restrictionon the use ol the sec urity. Thesccuritl
shall be subject to the approval of theCity. The City may drawdown the security. w'ithout notice. lor
any violation of the terms of this Contract. If the required public improvements are not completcd at
Ieast thirty (30) days prior to the expiration ol'tlrc sccurity. the City may also draw it down. lf the
security is drawn down, the draw shall be used to cure the delhult. With City approval. the security
may bc reduced from time to time as financial obligations are paid. bul in no case shall the security
be reduced to a point less than | 0% of the original amount until ( l) all improvements have becn
completed. (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied. (4) the required "record" plans havc becn received by the City, (5) a warranty security
is provided, and (6) the public improvements are accepted by the City.
SP-2
7. Notice. Required noticestothe Developer shall be inwriting. and shall be either hand
delivered to the Developer. its employees or agents. or mailed to the Developer by registered rnail a1
the following address:
Rachel Development lnc.
Paul Robinson. Development Director
4 I 80 Napier Court NE
St. Michael, MN 55376
(763) 488-9650
probinson@racheldevelopment.com
Notices Io the City shall bc in writing and shall be either hand delivered to the City Manager, or
mailed to the City by cerrified mail in care of the City Manager at the following address: Chanhassen
City Hall. 7700 Market Boulevard, P.O. Box 147. Chanhassen. Minnesota 553 I 7. Tclephone (952)
227-|00.
tl. Othcr Spccial Conditiorrs.
Prior to release of the plat for recording and prior to holding a pre-construction meeting"
Developer shall submit to the City $92,400.68 for the following City fees:
Public improvements outside the plat boundaries will be completed by the Developer. 'l'he
City will credit the Developer for that work. which is summarized below.
Based on Development Fees outlined in ( l) above and City Credits outlined in (2) above.
the following is a summary of fees. credits, and includes the ultimate fee total required to
be paid to the City.
Developer Fees $264.93 8.3,1
)
-)
*Administration fee (based on estimated construction cost of $ I ,l 57.212.70, 2.5% for
the first 1.000.000 and I .5% for the remaining $ I 57.2 12.70)$27.358. t9
G lS f'ee: 20 parccls (@ $3 l/parcel + $ l0l lbr the plat $721.00
Park Dedication F'ee $5.800 per ( I credit applied lbr existing house)$ I t0.200.00
Surface Water Management F'ee $ t26.657. l5
Subtotal Fcrs $26{.938.1{
Peaceful Lane Reconstruction (Oulside of Required Work to Pleasant View Road)s82.-s04.10
Nez Perce Extension Defened Assessment Credit $65.000,00
Nez Perce Road Reconstruction (From Plat Boundary to Troendle Circle)$25.0i3.56
Subtotal Crcdits $ t 72,537.66
A. F'EI]S
L
SP-3
Citv Credits s I 72.517.66
Total Fees Due $92.{00.68
Planning:
l. Conservation signage shall be required to be placed along the boundary ofthe stormwater
facility south of Pleasant View Road encompassing portions of proposed lots 3. 4. 5. 6.
and 7 of Block l. Signage shall be placed on a post no smaller than 4"x4" with a concrete
looting and the location of signage is at the sole discretion of the city. Condition
Remains.
2
^l^^ ^--l;-;^--, ^l-l ^.^.1;^- --,1 .1.-i^^,,- ^l-- ,,.-,l:-,, -"^(iI-. -.,-.i^,. --,1 .-.1;---i
Forestry:
I . Developer must update the tree survcy to include condition of all significant trees. A
significant tree is defined as any healthy trec species measuring l2 inches or more DBH;
or any health coniferous tree measuring l2 leet in height or more. Condition Updated.
2. Developer must add lree protection lencing symbols to the legend on the l'ree
Preservation plan sheet. Condition Remains.
3. Ash trees that are marked to be saved must be inspected by the L.nvironmental Resources
Specialist. Condition Remains.
4. Developer shall place the delineated bluff into a conservation easement. This area shall be
excluded from the surface water development fee. Condition Added.
Engineering:
1. The developer shall enter into Encroachment Agreements for all private improvements
located within public drainage and utility easements or right-of'-way. as approved by the
City Engineer. prior to issuance olbuilding permits. Condition Remains.
2. Any previously recorded easements located within proposed public right-of-way or
proposed public drainage and utility easements must be vacaled prior to or concurrently
with the final plat. Condition Remains.
3. Final plans shall include current City Standard Details. including the 2025 Typical
Residential Street Section plate. Standard [)etails have been uploaded to the City website.
Condition Updated.
4. All sheets shallbe signed by a licensed engineer. Condition Added.
SP.4
B. CONDIl'IONS OF APPROVAL
updated site plan n'hieh extends Nez Peree Drive threugh the prepesed development and
eon6eets.+€..'lMt&n€= Condition Met.
Condition no longer applies.
5. Dedicate jog with R./W for Block | [-ot I, Lot 5. Lot 6, & Lot 7 along Pleasant View Rd to
the City. Condition Updated.
6. Coordinate street lighting with the local utility. The Developer shall select "Standard
Service". Condition Added,
ondition Met.
Condition Met.
9. lf there are retaining walls with this project, they shall be HOA or privately owned.
Condition Remains.
10. The Developer and their Engineer must amend the construction plans, to f'ully address
construction plan comments and concerns. Final construction plans will be subject to
review and approval by staffprior to the recording olthe final plat. Condition Remains.
I l. The Developer u,ill be required to clean & televise all sanitary sener at connection point
and subnrit the CCTV footage and reporting to the City Engineer for review prior to
paving. Condition Remains.
pipe profilesr pi ie-i*. Condition no longer applies.
13. Address the drainage issue affecting [,ot 6 where drairrage is trapped in the corner ofthe
plat. Condition Updated.
14. Developer to remove water main and sanitary sewer pipe and structures along Redman
Lane R/W that no longer is necessary. Condition Remains.
15. Developer shall coordinate relocations & installations with private utilities prior to final
restoration and wear pavement. Condition Updated,
16. Include construction plan sheets for both the conneclion of Peaceful Lane to Pleasant
View Road and the full-depth reclamation of Nez Perce Drive. Extend watermain removal
and replacement to Pleasant View watermain. Condition Added.
17. Remove the "Ped Ramp" call out on sheet 7. Condition Added.
18. Extend remove and replacement ofexisting driveway for 6500 Peaceful Ln. near the right
of way. Condition Added.
19. Adiust proposed alignment watcrmain along Nez Perce Dr. so it does not I'all under the
curb line. Condition Added.
20. The existing sanitary sewer service for Block l, Lot 4 shall be televised. Footage shall be
submitted to the City Engineer for review prior to making the connection. Condition
Added.
21. Connect 6500 Peaceful Ln. sewer and water services to the new mains. Condition Added.
22. Consider adding a hydrant to serve for fire protection for 6500 Peaceful Ln. Condition
Added.
23. Relocate the tracer wire access box for Sanitary' Manhole No. 5 directly over the new
sewer pipe. Condition Added.
24. Sanitary sewer pipe run from Mll 4 to MH 3 is under 0.5%. Adjust pipe slope to meet the
required rninimum 0.5%. Condition Updated.
25. Move miscellaneous storm sewer profiles to a separale sheel to ensure record plan
legibility. Condition Added.
26. Provide an additional 5 feet ofdrainage and utility easement on both sides of the storm
sewer pipe tiom CB 2l 0 to CBMH 209. and from CB 213 to MH 2 12. Condition Added.
SP-5
27. Adjust the rip rap shown at 6500 Peaceful Ln. to not encroach into the property line.
Condition Added.
28. On Sheet 19. Notes No. 2. Add a referencc to the City standard detail plate. Condition
Added.
29. Ensure that the existing CB-3 is located outside of the proposed curb line and not within
the driveway fbr Lot 5. Condition Added.
30. There is existing drain tile within Nez Perce Dr. Connect lo cxisting drain tile with the
proposed drain tile. Condition Added.
31. Developer shall apply for and receive all permits required tbr the improvements. These
include and are not limited to MDH Watermain Extension Permit. MPCA Sanitary Sewer
Extension Permit. and MCES Sanitary Sewer Perrnit. Condition Added.
32. Plans currently show connection to an existing CMP pipe on Redman Lane. Replace this
pipe as part of the project. Condition Addcd.
33. Address erosion concerns at proposed FES 100. Consider extending the FES to the pond
and coordinate any required easement with the City. Condition Added.
34. Pad layouts do not appear to include 6" of topsoil over entire site. Include comment on all
hold down details to call out 6'oftopsoil. Condition Added.
35. Plans can reduce watermain size from the Nez Perce Dr intersection to the cul-de-sac
down to 6" PVC C900 if desired. Condition Added.
36. Move proposed streetlight to lot line 4 & 5 at cul-de-sac and verily mailboxes are not
installed within the cul-de-sac. Condition Added.
37. EXCB 3 shall remain a catch basin in the curb line. Adjust proposed driveway outside of
the impact ofthc catch basin. Condition Added.
38. Review the sight triangle at Nez Perce Drive and Peaceful Lane to ensure proposed trees
do not obstruct driver visibility. Condition Added.
39. Developer shall straighten alignment between STA 3+00 & 4+00 on Peaceful Ln. lnclude
a curve and line table for review. Condition Added.
SI'.5
Water Resources:
l. The developer shall enter into a development contract with the City and provide
necessary financial security to guarantee compliance u'ith the terms of subdivision
approval and construction of inliastructure onsite. (Condition still applies)
2. It is the developer's responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Carver County, MCWD. Board of Water
and Soil Resources. MnDOT, elc.) prior to the commencement of construclion activilies.
(Condition still applies)
3. The developer and their Engineer shall work with City staff in amending the construction
plans. dated April 18. 2025 prepared by Alliant Engineering. lnc.. to lully satisfy
construction plan comments and corrcerns. Final construction plans will be subject to
review and approval by staff prior to recording final plat. (Condition modified for
clarity)
4. An analysis olstormwater treatment shall be updated and submitted with the final plans
that verifies that the design mects the existing and f'uture needs ol the City. The treatment
volume shall be noted and broken down into what is provided for the existing condition.
proposed subdivision, and future roadway projects. The analysis must be approved by the
walershed district and memorialized prior to recording the final plat. (Condition
modified for clarity)
(Condition
satisfied)
6. An Operations and Maintenance plan tbr all proposed BMPs including the inspection
frequency, maintenance schedule. and responsible party shall be submitted with the final
plans and recorded concurrenlly with the tlnal plat. (Condition modified for clarity)
7. The applicant shall work with staff to optirnize the drainage design and verify that
stormwater runolf to the south meets stormwater rnanagement standards. (Condition
modified for clarity).
8. The applicant shall revise the design and provide a memo which verifies that thc
development will not adversely impact the drainage of adjacent properties. (Condition
no longer applies)
9. The applicant shall provide updated H&H and water quality modelling with the final
plans submittal. (Condition modified for clarity)
r0.
@i€a+i€+1. (Condition no longer applies)
Building:
L Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code. additional commenls or
requirements may be required afier plan review. Condition Remains.
2. Building permits must be obtained before beginning any demolition or construction.
Condition Remains.
3. Private retaining walls, if present, more than fbur I'eet high. measured from the bottom of
the footing to the top of the wall. must be designed by a professional engineer and a
building permit must be obtained prior to construction. Retaining walls. if present. under
four feet in height require a zoning permit. Condition Remains.
4. A building permit must be obtained prior to demolishing any struclures on the si1e.
Condition Remains.
5. A llnal grading plan and soils report must be submitted to the lnspections Division before
building permits will be issucd. Condition Remains.
9. General Conditions. The general cond itions of this Contract are attached as Exhibit "B" and
incorporated herein.
)
SP.7
CITY OI-- CHANHASSITN
BY:Et* [U4^a
(sEAL)
STATE OF MINNESOTA)
(ss.
COUNTY OF-CARVER )
by its City Council.
Ef.L nyun, vuyor(/
l.aurie Hokkanen. City Managcr
JENNIFER ANN POTTEH
Notary Public'Mlnn€sota
ExPlrot Jan 31,2027
TARY PUBLIC
AND
The ibregoing instrumenl was acknowledged befbre me this t2'K day of N\zf,l,r
20]( b1 Elise R-1un.-uu.,'or. and by Laurie Hokkanen. cir) Na;age,. "i,ii Ci,friffi-nu.r.n. u
Minnesota municipal corporation. on behalfofthe corporation and pursuant to the authority granted
SP-8
lr , wa&r/t\
RACIJEI- DI]Vtll.OPMI:Nl- INC
I]Y:
Paul Robinson. Development Director
STATE OF MINNESOTA
COUNI'Y OF
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen. MN 553 l7
(gsz) 227 -\ 100
SS.
)
(
)
Theforegoinginstrumentwasacknowledgedbetbremethis-dayof-,
20_, by Paul Robinson, Rachel Development Inc., a Minnesota corporation. on behalf of the
company.
NO]'ARY PI ] BI,I('
SP-9
EXHIBIT ''A''
TO
DEVELOPMENT CONTRACT
PID #258710190 (955 Pleasant View Road)
All ofLot I and that parl ofLot 2. Block 3. "Vineland Forest". Carver County. Minnesota. lying Northerly ofa line
drawn from a point on the East line of said Lot 2 a distance of 53.53 feet North of the Southeast comer of said
Lot 2 to a point on the West line ofsaid t,ot 2 distant 66.00 f'eet North ofthe Southwest corner ofsaid Lot 2 and
there terminating.
PID # 258700060 (6535 Peaceful Lane)
That part of Lots 5 and 6. "Vineland", described as follows: ('onlmenc ing at the southeast corner of said Lot 5;
thence North 89 degrees l6 minutes 3,1 seconds West. assumed bearing. along the south line of said Lot 5. a
distance of 168.62 feet to the actual point ofbeginning ofthe tracl ofland to be herein described: thence Nonh 0
degrees 43 nrinutes 26 seconds East 32.25 feet: thence Nonh 89 degrees l6 minutes 34 seconds West 179.00
feet: thence South 7 degrees 25 minutes 34 seconds East 129.57 feet: thence South 89 degrees l6 minutes 3.1
seconds East 160.6.i l'eet; thence No(h 0 degrees 43 nlinutes 26 seconds East 96.0 I feet to the actual point of
beginning, Carver County. Minnesota.
Together with an easement for ingress and egress over and across that part of Lot 5. "Vineland". Carver County,
Minnesota lying Westerly olthe following described line:
Commencing at the southeast comer ofsaid Lot 5i thence North 89 degrees l6 minutes 14 seconds West,
assumed bearing, along the south line ofsaid Lot 5 a distance of 168.62 feet: thence North 0 degrees 4i
minutes 26 seconds East -12.25 feet: thence North 89 degrees l6 minutes .34 seconds Wesl 179.00 feet: thence
South 7 degrees 25 nrinules 34 seconds East a distance ofi2.57 feet. more or less. to a point on the south line
ofsaid Lot 5, which poinl is the point ofbeginning ofthe line to be described: thence on a line running North 7
degrees 25 minutes 3'1 seconds West a distance of 160 feet. more or less. to the inlersection ofsaid line with the
westerll lol line ofsaid Lot 5. and there terminating.
And
That part of Lots 5 and 6. "Vineland", Carver County, Minnesota, described as follows: viz:
That part ofthe South 45.25 feet of Lot 5 and ofthe North 96.0l feetofLot6. "Vineland" lying Easterly ofa line
drawn perpendicular to the South line ofsaid Lot 5 from a point on said South line distant 168.62 feet Westerly
along said South line from the Southeast comer ofsaid Lol 5.
PID # 258700063 (No Address Assigned)
Lot 5. Vineland. Carver Counly. Minnesota. except that part thereof described as follows. viz:
Conrmencing on the Southeast corner ofsaid Lot 5: thencc North 89 degrees l6 minutes 34 seconds West.
assumed bearing. along the South line of said Lot 5 a distance of 168.62 feet to the actual point of beginning of
the parcel being described: thence North 0 degrees,l3 ninutes 26 seconds East i2.25 feet: thence Nonh 89
degrees l6 minutes 3.1 seconds West 179.00 feet: thence South 7 degrees 25 minutes 3,1 seconds East a
distance of 32.57 feet, more or less, to a point on the South line of said Lot 5 (hereinafter referred to as "Point
A"): thence Easterly along the South line ofsaid Lot 5 to the point ofbeginning.
Subject to an easement for ingress and egress and utility purposes, appurtenant to and for the benefit ofthe
above described Exception. which said easement is described as all thal pan of said Lot 5. Vineland. lying
Westerly ofthe following described line: Beginning on the South line ofsaid Lot 5 described above as "Point A":
thence on a Iine running Nonh 7 degrees 25 minutes i4 seconds West a distance of 160 feet more or less. to its
intersection with the Westerly line of said Lot 5 and there terminating.
Also excepting from said Lol 5 that part thereof described as follows. viz;
A 50.00 foot strip of land over and across Lot 5. Vineland. Carver County. Minnesota. the centerline of said strip
is described as follows:
Commencing at the Nonheast comer of Lot 5; thence South 00 degrees 24 minutes 0i seconds East. on an
assumed bearing. along lhe East Iine ofLot 5. a distance of380.86 feet to the point ofbeginning ofthe centerline
to be described: thence Weslerly. a distance of29.2l feet along a non-tangential curve concave to the South.
said curve having a radius of I 98.1i feet. a central angle of 08 degrees 26 minutes 53 seconds and a chord
bearing ofNorth 7l degrees 56 minutes 25 seconds West: thence Nonh 76 degrees 09 minutes 5l seconds
West tangent to last described curve, a distance of I 70.8 I feet; thence Nonhwesterly. a d istance of I 2.1.92. feet
along a tangential curve concav€ to the Northeast. said curve having a central angle of39 degrees 52 minutes
43 seconds and a radius of 179.48 feet to a point hereinafter referred to as "Point B"i thence continue
Nonhwesterly and Northerly along the last described curve a dislance of 124.92 feet and said centerline there
terminating.
Also excepting. a 50.00 foot strip ofland over and across said Lot 5. Vineland. the centerline ofsaid strip is
described as follows:
Beginning at the above described "Point B"; lhence South 53 degrees,l2 minutes,l9 seconds West. a distance
of 100.00 feet and said cenlerline there terminating.
PID #258700062 (No Address Assigned)
Lot 6, Vineland. Carver County. Minnesota. except that part thereof described as follows. viz: Commencing at
the Nonheast comer of said Lot 6. thence North 89 degrees 16 minutes 3-1 seconds \\'est. assumed bearing.
along the North Iine of said Lot 6. a distance of 168.62 feet to the actual point of beginning ofthe land to be
described: thence South 0 degrees,l3 minutes 26 seconds West adistance of96.0l feet: thence Nonh 89
degrees l6 minutes 34 seconds West a distance of 160.63 feet; thence North 7 degrees 25 rninutes 34 seconds
West a distance of 97.00 feet to the North line of said Lot 6; thence []asterly along the said North line of Lot 6 to
the point ofbeginning.
Excepting from said Lot 5 and said Lot 6 the following described premises:
ThatpartoftheSouth'l5.f5feelofLot5andoftheNonh96.0lfeetofLot6,"Vineland"lyingEasterlyofaline
drarvn perpendicular to the South line ofsaid Lot 5 from a point on said South line distance 168.62 ltet Westerly
along said South line from the Southeast comer ofsaid Lot 5.
And
Lot 7. Vineland. Carver ('ounty. Minnesota. except that pan ofsaid t-ot 7 described as follows, viz: Conrmencing
at the Southwest corner ofLot 7. Vineland; thence North I degree 5,1 minutes 49 seconds East a distance of
76.37 feel lo a point on lhe Southeasterly line of Peaceful Lane; thence Norlh 36 degrees 53 minutes 34
seconds East along said Southeasterly line of Peaceful Lane a distance of I 7,1.79 feet: thence South 87 degrees
50 minutes 55 seconds East a distance of294.35 feeti thence South I degree 03 minutes 2J seconds West a
distance of220.0,1 feet to the Southerly line ofsaid Lot 7; thence South 87 degrees 50 minutes 55 seconds West
along said Southerly line of Lot 7 a distance of 397.82 feet to the point of beginning.
Together with an easement appurtenant to the foregoing Parcels 2,.i and 4 for ingress and egress over and
across that pan of Lot 5, Vineland. Carver County. Minnesota lying Westerly ofthe following described line:
Commenc ing at lhe Southeast comer of said Lot 5: thence Nonh 89 degrees I 6 m in utes 3,1 seconds West.
assumed bearing. along the South line ofsaid Lot 5 a distance of 168.62 feet: thence No(h 0 degrees.ll
minutes 26 seconds East i1.25 feet: thence North 89 degrees l6 minutes 3,1 seconds West I 79.00 feet; thence
South 7 degrees 25 minutes 34 seconds East a distance of12.57 feet. more or less. to a point on the South line
ofsaid t,ot 5, which point is the point ofbeBinning ofthe line to be described: thence on a line running North 7
degrees 25 minutes 34 seconds West a distance of 160 feet, more or less. to the intersection of said line with the
\\ esterll lot line ofsaid Lot 5. and there terminating.
PID #2586901.30 (1015 Pleasant View Road)
Outlot A. Troendle Addition. Carver County. Minnesota
All Abstract Propeny
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mongage on the subject propefiy. the development of which is governed by the
fbregoing Development Contract, agrees that the Development Contract shall rcmain in f'ull force and
eflect even if it fbrecloses on its mortgage.
Dated this _ day ol'20
STATE OF MINNI]S0TA )
(ss
ThefbregoinginstrumentwaSacknowledgedbeforemethis-dayof-,
20 .by
NOI'ARY PUBLIC
DRAFTED BY:
Clity of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen. MN 553 l7
(9s7)227-t100
COUNTY OF
-
)
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property. the development of which is govemed by the
fbregoing Development Contract. affirm and consent to the provisions thereofand agree to be bound
by the provisions as the same may apply to that portion ofthe subject property owned by them.
Dated this _ day of _. 20_
SI'A'IE OF MINNESOTA )
( ss.
COI.JNTY OF'
The foregoing instrumenl was acknowledged before me this _ day of _,
20_. by
N()tARY PUULT(l
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen. MN 55317
(952) 227-1100
)
lOlrlil( ln l. IIANK l.lr'l-l l:ltlIIrAI)l
IRREVOCABLE L ETTER OF CREDIT
No.
Date
City of Chanhassen
7700 Market Boulevard. Box 147
Chanhassen. Minnesota 553 l7
Dear Sir or Madam
We herebl issue. for the account ot (Name ofDeveloper)and in your t'avor. our lrrevocable
Letter of Credit in the amount of $_, available to you by your drafl drawn on sight on the
undenigned bank.
'fhe drafi must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated
ol' (Name ol'Bank))
b) Be signed by the Mayor or City Manager ofthe City ofChanhassen.
c) Be presented fbr payment at (Address of Bank) , on or before 4:00 p.m, on November | 5,
2
'l his Letter ol-Credit shall automatically renew for successive one-year tenns unless, a1 least lbfty-
five (45) days prior to the next annual renewal date (which shall be November 15 of each year). the Bank
delivers written notice to the Chanlrassen City Manager that it intends to modify the terms of. or cancel. this
Letter olCredit. Wrifien notice is ellective ifsent by cenilled mail. postage prepaid. and deposited in the t.J.S.
Mail. at leasl forty-tive (45) days prior to the ne\1 annual renewal date addressed as lbllows: Chanhassen
C ity Manager. Chanlussen City Hall, 7700 Market Boulevard. P.O. Box 147. Chanhassen, MN 553 I 7, and is
actually received by the City Manager at least thiffy (30) days prior Io lhe renewal date.
'Ihis Letler of Credit sets fonh in full our underctanding which shall nol in any way be modified.
arrended. amplified. or limited by reference to any document. instrument. or agreement, whelher or nol
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Lefier of Credit. More than one draw
mav be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber ofCommerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY
Its
'IO:
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Dcveloper Installcd Improl'ements)
EXHIBIT ''B''
GENERAI.g)NDIIIONS
l. Right to Procecd. 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 tbllowing conditions have been satisfied: l)
this agreement has been fully executed by both parries and filed with the Clity Clerk,2) the necessary
security and fees have been received by the City. 3) the plat has been recorded with the County
Recorder's Olfice or Registrar of 'Iitle's Office olthe County where the plat is located, and 4) the CiIy
Engineer has issued a letter lhat 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 ofsubsequent phases may not proceed
until Development Contracts for such phases are approved bytheCity. Park charges and area charges
for sewer and water referred to in this Conffact are not being imposed on outlots. iiany. in the plat
that are designated in an approved preliminary plat for luture 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. Ilthe plat is a phase ofa multi-phased preliminary plat, the
prelirninary plat approval fbr all phases not final platled shall lapse and be void unless final platted
into lots and blocks. not outlots. within two (2) years after preliminary plat approval.
1. Changes in Official Controls. For two (2) years from the date ofthis 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 an)4hing in this Contracl to the
contrary, 1o the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, oflicial controls, platting or dedication requirements
enacted alter the date ofthis Contract.
5. Improvements. 'lhe improvements specified in the Special Provisions of this
Contract shallbe installed in accordance with City standards, ordinances, and plans and specitications
which have been prepared and signed by a competent registered professional engineer fumished to
the City and approved by the City Engineer. The Developer shall obtain all necessary permits I'rom
the Metropolitan Council Environmental Services and other pertinent agencies before proceeding
with construction. The City will. at the DevelopeCs expense. have one or more construction inspectors
CC-1
and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a
qualified inspector to perlorm site inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Deve loper shall instruct its project engineer/inspector
to respond to questions from the City Inspecto(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 concemed, including the City staff, to
review the program for the construction work.
6. Iron Monuments. Before the security fbr the completion of utilities is released. all
monuments rrust be correctly placed in the ground in accordance with Minn. Stat. $ 505.021. 'lhe
Developer's surveyor shall submit a written noticc to the City certifying that the monuments havc
been installed.
7. License. The Developer hereby grants the City. its agents. employees, officers and
contractors a license to enter the plat to perlbrm allwork and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Belore the site is rough graded. and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose
additional erosion and sediment control requiremenls ifthey would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded forthwith after the completion olthe
work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall
be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall
be fertilized. mulched, and disc anchored as necessary lbr seed retention. The parties recognize that
time is ofthe essence in controlling erosion and sediment transport. Ifthe Developer does not comply
with the erosion and sediment 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 Develope/s expense. The City will endeavor to notify the Developer in advance of
any proposed action. but failure ofthe 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 ofthe
City, there is no longer a need for erosion and sediment control. the City will authorize the removal
ofthe erosion and sediment control, i.e. hay bales and silt t'ence. The Developer shall remove and
dispose ofthe erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Belbre a
building permit is issued for construction ol'a dwclling or othcr building on a lot. a $500.00 cash
escrow or letter of credit per lot shall also bc I'umished to thc City to guarantee compliance with City
Code { 7-22.
GC-2
9. Clean up. The Developer shall maintain a neat and orderly work site and shalldaily
clean. on and offsite. dirt and debris. including blowables. fiom streets and thc surounding area that
has resulted from constructiolr work by the Developer. its agents or assigns.
10. Acceptance and Ownership of Improvements. Except for streets and utilities
identified as private under the terms of this Agreement. all other improvements lying within
public easements shall become City property upon completion and acceptance by the City ofthe
work and construction required by this contract. After completion ofthe improvements. a
representative ofthe contractor. and a representative ofthe Developer's engineer willmake a final
inspection of the work with the City Engineer. Belbre 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. 'lhe appropriate contractor waivers shall also be provided. f-inal acceptance of
the public improvements shall be by City Council resolution.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation ofthe plat improvements. I'he park dedication fees shall be the current amount
in fbrce at the time ol'tinal platting pulsuant 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%) 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).
ln addition to any sod required as a part of the erosion and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a
minimum of six (6) inches oftopsoil as a base. Seed or sod shallalso be placed on all disturbed areas
ofthe lot. Ifthese improvements are not in placc at the time a certificate ofoccupancy is requested,
a financial guarantee of$750.00 in the form ofcash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months afterthe certificate of occupancy
issued. except that if the certificate ofoccupancy is issued between October I through May I these
conditions must be complied u'ith by the following July lst. Upon expiration of the time period.
inspections will be conducted by City staff to verify satisfactory completion ofall conditions. City
ll. Claims. In the event that the City receives claims from laborers, materialmen. or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen. or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety (90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an lnterpleader
action pursuant to Rule 22, Minnesota Rules ofCivil Procedure for the District Courts, to draw upon
the letters of credit in an amount up to 1257o 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 lrom
any further proceedings as it pertains to the letters olcredit deposited with the District Court, except
that the Court shall retainjurisdiction to determine attorneys'fees.
GC-3
staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
retumed. 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 oferosion conlrol 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 materialand fau lty workmanship. The Develope r shall subm it
either I ) a warranty/maintenance bond for 100% ofthe cost ofthe improvement, or 2) a letter olcredit
for twenty-five percenl (25%) ofthe amount ofthe original cost ofthe 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 ofthe work.
B. Thc required warranty period for all work relating to street construction. including
concrete curb and guttcr, sidewalks arrd trails. materials and equipment shall be subject to two (2)
years I'rom the date offinal written acceptance.
C. T'he required warranty period for sod. trees, and landscaping is one full growing
season following acceptance by the City.
15. LotPlans. Prior to the issuance ofbuilding 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 thal tree rerroval 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 offinal plat approval the Developer shall pay
30% ofthe City Sewer Hook-up charge and 307o ofthe City Water hook up charge for each lot
in the plat in the amount specified in Special Provision. Paragraph 8. of this Development
Contract. The balance ofthe 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 ofapplication.
18. Public Street Lighting. The Developershall have installed and pay for public street
lights in accordance withCity standards. The public street lights shall be accepted for C ity ownersh ip
and maintenance at the same time that the public street is accepted for ownership and maintenance.
A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City
signs the final plat. the Developer shall pay the City a fee of $300.00 for each street light installed in
the plat. The f'ee shall be used by the City for furnishing electricity and maintaining each public street
GC-4
light for nventy (20) months. The Developer shall select Standard Service for the agreement with the
utility.
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 fumish the City "as-built" plans
indicating the amount. type and limits of fill on any house pad location.
21. Responsibilitl for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
olthe plat improvements. This f'ce is to cover the cost of City Stalf time and overhead for items such
as review ol construction documents, preparation of the Development Contract, monitoring
construction progress, processing pay requests. processing security reductions, and flnal acceptance
of improvements. This tbe 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 percenl (30lo) of construction costs:
ii) ifthe cost ofthe construction ofpublic improvements is between $500.000 and
$1,000,000. three percent (37o) of construction costs for the firs $500,000 and
two percent (2%) of construction costs over $500.000;
iii) if the cost of the construction of public improvements is over $ I ,000.000, two
and one-half percent (ZVt%o) of construction costs lbr the fi rst $ I ,000,000 and
one and one-hall'percent (l%o%) of construction costs over $1.000,000.
Befbre the City signs the final plat. the Developer shall deposit with the City a fee based upon
construction estimates. Afler construction is completed. the final fee shall be determined based upon
actual construction costs. The cost ofpublic improvements is dellned in paragraph 6 ofthe Special
Prov isions.
B. In addition to the administrative fee, the Developer shall reimbune 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 ofthe
construction. Payment shall be due in accordance with Article 2lE of this Agreement.
GC-5
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties lor damages sustained or costs incurred resulting from plat
approval and development. The Devcloper shall indemnify the City and its officers and employees
fbl all costs, damages. or expenses which the City may pay or incur in consequence of such claims.
includ ing attomeys' fees.
D. In addition to the administrative fee. the Developcr shall reimburse the City for
cosls incuned in the enforcement of this Contract. including engineering and attomeys'fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incuned under this Contract within thirty (30) days after receipt. lf 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
lull. Bills notpaid within thirty (30)days shall accrue interest at the rate of87o 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.
C. Private Utilities. l'he Developer shall have installed and pay for the installation of
electrical. natural gas, telephone, and cable television service in coniunction with the overall
development improvements. 'fhese services shall be provided in accordance with each of the
respective franchise agreements held with the City.
22. Developer's Default. In the event ofdefault by the Developer as to any ofthe work
to be performed by it hereunder. the City may, a1 its option. perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice ofthe work in default, not less than four (4) days in advance. -fhis Contract is a license
for the City to act, and it shall not bc necessary for the City to seek a Court order for permission to
cnter 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.
24. Miscellaneous.
A. Construction 'l'railers. Placement ofon-site construction trailers and temporary job
site olTices shall be approved by the City Engineer as a parl of the pre-construction meeting for
installation of public improvements. l'railersshallbe removed t'rom the subject property within thirty
cc-6
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost ofupdating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format. Record drawings must be submifted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
23. Public Improvements Beyond Plat Boundaries. The Developer will be
reconstructing portions of Peaceful Lane and Nez Perce Drive. which are outside the boundaries of
the Pleasant View Pointe Plat. for the benefit ofthe public and which are beyond the extent to which
those roads would have been constructed as a result of the realignment of public right-of-way as
requested by the Developer. As a result. the cost of those public improvements outside the plat
boundaries has been credited against applicable development fees in Section 8.A.2.
(30) days following the acceptance ofthe public improvements unless otherwise approved by the C ity
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 recoulse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under tliis Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or fol allowing deviations from it.
E. Severabilitv. lf an y podion, section. subsection, sentence. clause. paragraph. or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity ofthe
remaining portion of this Contract.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions ofthis Contract. Tobe binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution ofthe 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 propefty . After the Developer has completed the work required of it under this Contract,
at the DevelopeCs request the City Manager will issue a Cerlificate 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 ( l0) days for processing.
l. Insurance. Developer shall take outand 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 properly 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 occurrencel 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)
cc-7
D. Breach ofContract. Breach ofthe terms of this Contract by the Developer shall
be grounds for denial of building permits. including lots sold to third parties. 'fhe City may also issue
a stop work order halting all plat development until the breach has been cured and the Cit), has
received satisfactory assurance that the breach will not reoccur.
F. Building Permits. Building pennits will not be issued in the plat until sanitary
sewer, watermain. and storm sewer have been installed, testcd, 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 ofthe development plans.
days advance written nolice ofthe cancellation ofthe insurance. The certificate may not contain any
disclaimer lor 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
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
ofthe right to exercise at any time thereafter any other right, power or remedy.
K. Assisnabilit),. The Developer may not assign this Contract without the written
permission ofthe City Counci[. The DevelopeCs obligation hereunder shall continue in full force and
effect even ifthe Developer sells one or more lots. the entire plat. or any parr of it.
ction H urs Construction hours. including pick-up and deliveries of
material and equipment and the operation of any intemal 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 Iimitation may be waived by the written consent
of the City Engineer. lf 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, bullhoms. intercoms. and
similar devices is prohibited in conjunction with the construction of homes. buildings. and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation ofthe provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility olthe Developer regardless if the City has issued building
pennits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible lor all street maintenance
until streets within the plal are accepted by the City. Waming 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. Ifstreets become impassable. the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surlace and provide proper surface drainage.
The Developer may requesl. in writing, that the City plow snow on the streets priorto final acceptance
ofthe streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for rcshaping or damage to the street base or utilities because of snow plowing
L. Co
GC-8
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 responsiblc fbr 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.
'fhe Developer shall follow all instructions it receives from the City conceming the cleaning and
maintenance of the storm sewer system. the Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20%) ofthe storm sewer costs. shown under section 6 ofthe special
provisions of this contract. will be held by the City for the duration ofthe 2-year maintenance period.
a . Soil 'l're nts tems. If soil treatment s ystems are required. the Developer
shallclearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided. the two soil treatment siles identified during the platting process fbr each lot. This shall be
done prior to the issuance ofa Grading Permit. Any v iolation/disturbance ofthese 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 Reeulations ln the development ol'the
plat the Developer shall comply with all Iaws. ordinances. and regulations ofthe follo*'ing authorities
T. Proof of Title. Upon request. the Developer shall fumish 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. l h e Developer acknowledges that the City makes no
representations or warranties as to the condition of thc soils on the prope(y or its fitness lbr
construction of the improvements or any other purpose for which the Developer may nrake use of
such property. The Developer fu(her agrees that it will indemnify. detcrtd, and hold harmless the
City, its governing body members. officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible tbr soil correction work on
the property. The City makes no representation to the Developer conceming the nature of suitability
GC-9
l. City ofChanhassen:
2. State of Minnesota, its agencies. departments and commissionsl
3. United States Army Corps of Engineers;
4. Watenhed District(s):
5. Metropolitan Govemment, its agencies. depar[nents and commissions.
of soils nor the cost ofcorrecting any unsuitable soil conditions which mayexist. 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 ofa rnulti-lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided belore the City issues a building permit for the lot.
On lots with fill material that have been custom graded. a satisfactory soils report lrom a qualified
soils engineer shall be provided before the City inspects the foundation for a building on the lot.
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the irnport or expo( of soil. construction material,
construction equipment or construction debris. or any other purpose. All haul routes musl be
approved by the City Engineer
X. Development Sisns. The Develo per shall post a six lbot 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 ofthe required improvements commences and shall
be removed when the required improvements are completed. except for the final lift of asphalt on
streels. The signs shall contain the following infbrmation: project name, name of developer,
developer's telephone number and designated contact person, allowed construclion hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of lull-size construction plans and lour sets of Il"xI7" 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 ofas-built plans in
both .dxf & .tif format (he .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 oflineal footage ofall 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 surv ey 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 suwey is completed. lfthe weather conditions at the time ofthe as-built are not conducive
to paving the driveway and/or installing sod. a temporary Certificate ofOccupancy may be issued and
the as-built escrow withheld until all work is complete.
GC-10
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