A development contract is required if the applicant will be performing work on behalf of the City. The development contract shall contain statutory guarantees and other guarantees as required by the City Council. The development contract shall be in form approved by the City Attorney. The development contract shall be executed by the applicant, by the owners, by the encumbrances, and by any other party having a record interest in the lands to be subdivided.
A. General Provisions. The approval of the final plat shall be conditioned upon applicant entering into a written development contract with the City requiring the applicant to furnish and construct the required improvements at her/his sole cost and in accordance with plans and specifications and other contract conditions approved by the City Council. The applicant shall enter into a development contract prior to constructing any such improvements, which includes the following provisions:
1. Authority of City Engineer. The contract shall include provisions for supervision of construction details by the City Engineer and shall grant authority to the City Engineer to coordinate the work to be done under the contract by any subcontractors authorized to proceed thereunder and with any other work being done or contracted by the City in the vicinity of the subdivision.
2. Performance Deposit. The agreement shall require the applicant to make a cash deposit or deliver an irrevocable bank letter of credit as security for applicant's performance under the agreement. In the agreement, applicant shall guarantee performance of the development contract and shall guarantee payment to all persons who supply labor or materials to the work contemplated by the contract. These guarantees shall be separately secured and funded or bonded. The amount of the contract for the purposes of the financial guarantees shall be 125% of the City Engineer's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection by the City Engineer, and expenses or damages incurred by the City incurred by the City for completion of the work in case of default of the applicant. The guarantee for the payment of all persons who may supply labor and material to the development shall be 100% of the contract amount, as estimated by the City Engineer.
3. Completion. On request of the applicant, the contract may provide provisions for completion of part or all of the improvements prior to acceptance of the plat by the City Council. This provision shall allow for a reduction in the amount of guarantees to a sum equal to the estimated cost of the improvements completed prior to acceptance of the plat. This provision shall require the amount of the guarantees to be equal to the estimated cost of the improvements to be completed after the acceptance of the plat by the City Council and an amount sufficient to guarantee completion of the contract. The time for completion of the work and the several parts shall be determined by the City Council upon recommendation of the City Engineer, after consultation with the applicant. The time for completion shall be reasonable in relation to the work to be done, the seasons of the year, and proper coordination with constructive activities in the subdivision.
4. Inspections. The development contract shall include a provision requiring all improvements to be inspected by the City Engineer during construction at the expense of the applicant. The City Engineer shall provide a completion report to the City Council and the City Council shall either note its preliminary acceptance or rejection of the improvements. The performance guarantee may be reduced by the City Council after preliminary acceptance to an amount determined by the City Engineer to be sufficient to repair any required improvements which fail after the first winter and spring thaw following the completion report and which will guarantee completion of any unperformed obligations.
5. Wetland Banking. The development contract shall require that all deeds and other instruments conveying interests in all or a portion of the property included within the subdivision (including the conveyance of each individual lot) shall include such conditions and covenants as the City Council deems necessary to put the grantees of such interests on notice of material restrictions or encumbrances against the property (e.g. wetland restrictions, ditch maintenance, drainage easements, etc.).
B. Hazardous Waste Indemnity. The development contract for a plat shall include the landowner's and applicant's indemnification of the City for hazardous waste liability occurring on the lands described in the plat. The indemnification shall be substantially in the form of the Hazardous Waste Indemnity Agreement included within the contract forms shown in appendix D1 to this Chapter 8 of the City Code, incorporated by reference. The development contract shall be accompanied by an Owner's Affidavit (and by an Applicant's Affidavit if the Applicant is not the same as the Owner) substantially in the form shown at appendix D2 to this Chapter 8 of the City Code, incorporated by reference. The form of the Hazardous Waste Indemnity Agreement may be modified by resolution of the City Council.
C. Other Required Plans or Work. The development contract and the financial guarantees shall also serve to guarantee compliance with approved plans and construction of required elements such as a Wetlands Mitigation or Replacement Plan or Stormwater Management Plan or a similar environmental plan which may be required by this City Code or by the regulations of any other government agency having jurisdiction over the land affected by the development.
[§ 8-807, formerly §8-902, amended by Ord. No. 89-3, effective April 21, 1989, Ord. No. 89-11, effective November 3, 1989, Ord. No. 89-16, effective July 19, 1991, Ord. No. 94-4, effective March 17, 1995, and Ord. No. 01-08, effective January 17, 2002, amended by Ord. No. 07-02, effective March 1, 2007.]