2a.2. Chanhassen East Business Center: Development Contract, Plans & Specs.C..
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Charles Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer., A 10o", DATE: May 2, 1996
SUBJ: Approve Development Contract and Construction Plans and Specifications for Chanhassen East
Business Center - Project No. 95 -23
The attached development contract incorporates conditions of approval from the final plat and construction plans
and specifications review process. Staff has been working extensively with the applicant (CSM Investors, Inc. and
Dataserv) to define project responsibilities accordingly. Tiresults into a very unusual development contract
whereby Datasery is only responsible for signing and fili g tffb4inal plat of Chanhassen East Business Center. All
of the site improvements which includes a regional pond on Lota, Block 2, Dell Road upgrade and site plan
improvements on Lots 1 and 2, Block 1, will be the responsibili�j,of CSM Investors, Inc. The site plan permit for
CSM is also on the May 6, 1996 City Council agenda for review "end approval. Staff has calculated the Surface
Water Management Fees (SWMP) for the final plat., Assuming that CSM Investors, Inc. will be constructing the
regional storm water pond and Dell Road improvements, CSM is *itled to the full SWMP credits. Staff has
calculated the credits at $197,302. After applying fie SWMP fees for Lots 1 and 2, Block 1, the net result is the
City will owe CSM Investors, Inc. approximat4y,$87,468 upon completion and acceptance of the regional pond on
Lot 2, Block 1.,`
Given the unusual development prop
construction plans and specifications
staff and City Council approval. �,Sta
general conformance with City tand
Engineering DepartmetttY It is therel
the regional storm water pond on Lo
dated April 15, 199(, ie�iare'& y RI
approved conditioned uan the fotlo`
1.
2.
tween the parties, CSM In
regional pond on Lot 1, Blc
reviewed the construction I
The construction plans and
CSM Investors, Inc. shall enter into al
security to guarantee installation of the
Dataserv, Inc. shall enter into a development
$470.00.
irs, Inc. has submitted detailed
and Dell Road improvements for City
And specifications and finds them in
fications are available for review in the
ans and specifications for Dell Road and
at of Chanhassen East Business Center
quefir contract dated y 6, 1996 be
y the necessary financial
with the City and pay an administration fee of
ktm
c: Tom Rocheford, CSM Investors, Inc.
' Bill Kowalski, Dataserv, Inc.
g leng\projectsVhaneast\approve .cc
a
Date, .d
Apr;roved "y
�. ate
MEMORANDUM
CITY OF CHANHASSEN
CHANHASSEN EAST BUSINESS CENTER
PROJECT NO. 95-23
BREAKDOWN OF ADMINISTRATION FEES - 5/1/96
DataSery will pay for the following upon execution of the Development Contract between City
of Chanhassen and DataServ:
1. Final Plat Review and Recording .................................................... ............................... $ 350.00
2. Recording Fees ............................................................................... ............................... $ 120.00
TotalDataSery Fees ........................................................................... .............................. 470.11(1
NOTES
1. Park and Trail fees are being paid by CSM for Lots 1 and 2, Block 1 and Outlot A.
2. Lot 1, Block 2 will be subject to Park and Trail fees upon future subdivision of the property.
g:NcngNJc\chaneas2Xee
r
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CHANHASSEN EAST BUSINESS
CENTER
Revised 5/1/96
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE 1
1.
REQUEST FOR PLAT APPROVAL ..............................
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2.
CONDITIONS OF PLAT APPROVAL ............................
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3.
DEVELOPMENT PLANS ....... ...............................
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4.
IMPROVEMENTS ............ ...............................
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5 .
NOTICE .................. ...............................
SP -2
6.
OTHER SPECIAL CONDITIONS ...............................
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7.
GENERAL CONDITIONS ...... ...............................
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GENERAL CONDITIONS
1.
RIGHT TO PROCEED ........ ...............................
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2.
PHASE DEVELOPMENT ....... ...............................
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3.
EFFECT OF SUBDIVISION APPROVAL .........................
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4.
LICENSE ................. ...............................
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5 .
CLAIMS .................. ...............................
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6.
EXISTING ASSESSMENTS .... ...............................
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7.
MISCELLANEOUS
A. Third Parties ...... ...
> ...........................
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B. Severability ....... ...............................
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C. Waivers /Amendments . ...............................
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D. Release ............ ...............................
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E. Remedies ........... ...............................
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F. Assignability ...... ...............................
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G. Construction Hours . ...............................
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H. Variances .......... ...............................
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I. Compliance with Laws,
Ordinances, and Regulations .
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J. Proof of Title ..... ...............................
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K. Soil Conditions .... ...............................
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L. Soil Correction .... ...............................
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i
CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT
(Developer Installed Improvements)
' CHANHASSEN EAST BUSINESS CENTER
' SPECIAL PROVISIONS
AGREEMENT dated May 6, 1996, by and between the CITY OF
' CHANHASSEN, a Minnesota municipal corporation (the "City ") , and
DATASERV, INC., a Minnesota Corporation (the "Developer ").
L
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for CHANHASSEN EAST BUSINESS CENTER
(referred to in this Contract as the "plat "). The land is legally
described on the attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract.
3. Development Plans. The plat shall be recorded in the
form of Plan A. The plan shall not be attached to this contract.
Plan A: Final plat prepared by Sunde Land Surveying and approved
by the Chanhassen City Council on May 6, 1996.
SP -1
C
4. Improvements.
The Developer shall install and pay for
writing, and shall be either hand delivered to the Developer, its
the following:
employees or agents, or mailed to the Developer by registered mail
at the following address:
A.
Setting of
Lot and Block Monuments
19011 Lake Drive East
B.
Surveying
and Staking
Phone: 829 -5055
C.
Prorated
Share of Future Traffic Signals at Dell
'
Road and
Lake Drive East
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
5. Notice. Required notices to the Developer shall be in
'I
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
'I
DataServ, Inc.
19011 Lake Drive East
Chanhassen, MN 55317
'I
Phone: 829 -5055
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
6. Other Special Conditions.
A. Park and trail dedication fees to be collected per
city ordinance. Lot 1, Block 2 shall be subject to park and
trail fees upon future subdivision of the property,
B. The applicant shall enter into a development
contract with the City.
C. A temporary drainage easement shall be dedicated
to the city over the proposed southerly drainage ditch on Lot 1,
Block 2. The temporary easement shall run until the permanent
storm drainage system can be incorporated with the replatting of
Lot 1, Block 2. Final grading shall be in accordance with the
plans prepared by RLK and Associates dated April 15, 1996 for the
regional pond on Lot 1, Block 2.
D. The lowest floor elevation of all buildings
adjacent to wetlands and storm ponds shall be a minimum of 2 feet
above the 100 -year high water level. �I
E. The applicant shall dedicate to the City a trail
easement over the east 5 feet of Lot 1, Block 1.
F. The developer shall be responsible for a share of
the local cost participation of this traffic signal on a percentage
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' basis based upon traffic generation from full development of this
site in relation to the total traffic volume of Dell Road.
' Security to guarantee payment for the developer's share of this
traffic signal for the entire development (Phase I and II) may be
required or the applicant shall agree to waive any and all
' procedural or substantive objections to the special assessments for
their share of the traffic signal at Dell Road and Lake Drive East
including, but not limited to, hearing requirements and any claim
' that the assessment exceeds benefit to the property.
G. Final plat approval is contingent upon CSM
' Investors, Inc. entering into the site plan agreement for Lots 1
and 2, Block 1, Chanhassen East Business Center with the city.
' H. The developer acknowledges that CSM will be
constructing a regional pond on Lot 1, Block 2 in accordance with
the plans prepared by RLK and Associates dated April 15, 1996.
' 7. General Conditions. The general conditions of this
Contract, approved by the City Council on May 6, 1996 are attached
as Exhibit "B" and incorporated herein.
i
n
1 SP -3
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
DATASERV, INC.
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
t ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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EXHIBIT "A"
L
L
L
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
KNOW ALL MEN BY THESE PRESENTS: That DATASERV COMPUTER MAINTENANCE, INC., A Minnesota Corporation,
owner and proprietor of the following described property situated in the County of Hennepin, State of
Minnesota, to wit:
The North Half of the Northwest Quarte° of Section 18, Township 116 North, Range 22 West, of the 5 *_h
Principal Meridian, except that part lying and being within the right -of -way of State Highway #5 and
except the following described tracts:
1.) The East 60.0 feet of that part of the North Half of the Northwest Quarter of Section 18,
Township 116, Range 22, Hennepin County, Minnesota lying Southerly of line segments between
points B10 and Ell and point Ell to B12, as shown on Parcel 202A., MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT -OF -WAY PLAT NO. 27 -48, Hennepin County, Minnessta.
2.) A strip of land 60.00 feet in width over and across that part of the North Half of the
Northwest Quarter of Section 18, Township 116 North, Range 22 West, Hennepin County,
Minnesota. The centerline of said strip of land is described as follows:
Commencing at the Northwest corner of said Section 18; thence South 00 degrees 02 minutes 58
seconds East, assumed bearing, along the west line of said North Half of Northwest Quarter
61.4.34 feet to the point of beginning of the centerline to be described; thence Northeasterly
113.62 feet along a nontangential curve, concave to the Northwest, having a radius of 300.00
feet, a central angle of 21 degrees 41 minutes 58 seconds, and the chord of said curve bears
North 51 degrees 32 minutes 47 seconds East; thence Northeasterly and Easterly 264.37 feet
along a reverse curve, concave to the Southeast, having a radius of 300.00 feet and a central
angle of 50 degrees 29 minutes 25 seconds; thence South 88 degrees 48 minutes 48 seconds East
360.00 feet; thence Easterly and Southeasterly 419.22 feet along a tangential curve, concave
to the Southwest, having a radius of 750.00 feet and a central angle of 32 degrees 01 minutes
33 seconds; thence Southeaterly and Easterly 415.65 feet along a reverse curve concave to the
Northeast, having a radius of 750.00 feet and a central angle of 31 degrees 45 minutes 12
seconds; thence South 88 degrees 32 minutes 27 seconds East 984.42 feet to a point of the East
line of said North Half of the Northwest Quarter distant 671.45 feet South of the Northeast
corner thereof and said centerline there terminating.
and including the following described tract:
The North 317 feet of the East 360 feet of the West 1429.34 feet of the North Half of the Northwest
quarter of Section 18, Township 116 North, Range 22 West, Hennepin Counr_y, Minnesota; which lies
southerly of the following described line:
Beginning at Right -of -Way Boundary Corner B21 as shown on Minnesota Department of Transportation
Right -of -way Plat No. 27 -48 as the same is on file and of record in the office of the County Recorder
in and for said County; thence run Westerly, along the boundary of said plat, on an azimuth of 271
degrees 27 minutes 33 seconds for 183.96 feet to Right -of -Way Boundary Corner B22; thence on an
azimuth of 271 degrees 27 minutes 33 seconds for 360.13 feet to Right -of -way Boundary Corner B25 and
there terminating.
In witness whereof said DATASERV COMPUTER MAINTENANCE, INC., a Minnesota Corporation, has caused these
presents to be signed by its proper officers this day of , 19
SP -5
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this day of , 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of , 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
' Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -7
2. Phased Development. If the plat is a phase of a multi -
License.
CITY OF CHANHASSEN
its
DEVELOPMENT CONTRACT
agents,
(Developer Installed Improvements)
officers and contractors a license to enter
EXHIBIT "B"
'
GENERAL CONDITIONS
perform all
3. Effect of Subdivision Approval. For two (2) years from
'I
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
'I
earth, remove trees, construct sewer lines, water lines, streets,
'I
utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this agreement
Claims.
has been fully executed by both parties and filed with the City
'I
Clerk, 2) the necessary security and fees have been received by the
City, 3) the plat has been recorded with the County Recorder's
materialmen, or others that
Office of the County where the plat is located, and 4) the City
'I
Engineer has issued a letter that the foregoing conditions have
Contract
been satisfied and then the Developer may proceed.
'I
2. Phased Development. If the plat is a phase of a multi -
License.
phased preliminary plat, the City may refuse to approve final plats
its
of subsequent phases if the Developer has breached this Contract
agents,
and the breach has not been remedied. Development of subsequent
officers and contractors a license to enter
phases may not proceed until Development Contracts for such phases
II
are approved by the City.
perform all
3. Effect of Subdivision Approval. For two (2) years from
'I
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
'I
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
Claims.
federal law or agreed to in writing by the City and the Developer.
'I
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
materialmen, or others that
require compliance with any amendments to the City's Comprehensive
'I
Plan, official controls, platting or dedication requirements
Contract
enacted after the date of this Contract.
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4.
License.
The Developer hereby grants the City,
its
agents,
employees,
officers and contractors a license to enter
the
II
plat to
perform all
work and inspections
deemed appropriate by
the
City in
conjunction
with plat development.
5.
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,
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I
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 1250
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
6. Existing Assessments.
the plat will be re- spread against
standards.
Any existing assessments against
the plat in accordance with City
7. Miscellaneous.
A. Third Parties Third parties shall have no recourse
against the City under this Contract.
B. Severability If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
' C. Waivers /Amendments The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
' writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
D. Release This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
E. 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
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H. 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.
I. Compliance with Laws, Ordinances, and Regulations
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
F. Assignability The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
II
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
too enter into this Development Contract.
G. Construction Hours The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 p.m. on
weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
�I
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. Under emergency conditions, this limitation
may be waived by the consent of the City Engineer.
a
Any approved work performed after dark shall be adequately
illuminated.
H. 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.
I. Compliance with Laws, Ordinances, and Regulations
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
II
J. Proof of Title Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
K. Soil Conditions The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
�I
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
a
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,
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'
material
that have been mass graded as part of a
multi -lot grading
'
project,
L. Soil Correction
The
Developer shall
be responsible
shall be provided before the City issues
for soil correction
work on the property. The
City makes no
t
representation to
the Developer
concerning the
nature of
suitability of soils
nor the cost of
correcting any
unsuitable soil
conditions which may
exist. On lots
which have no
fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
L
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material
that have been mass graded as part of a
multi -lot grading
'
project,
a satisfactory soils report from a
qualified soils
engineer
shall be provided before the City issues
a building permit
'
for the
graded, a
lot. On lots with fill material that have been custom
satisfactory soils report from a qualified soils engineer
shall be
provided before the City inspects the
foundation for a
building
on the lot.
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