1a-2. Approval of Development Contract and Construction Plans, The OaksCITY OF la, �
�8AN8ASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
' TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer'lk
DATE: July 20, 1995
' SUBJ: Approve Development Contract and Construction Plans and Specifications for
Oaks of Minnewashta - Project No. 94 -14
The attached development contract incorporates the conditions of approval from the final platting
and construction plans and specifications review process. Staff has calculated the required
financial security to guarantee compliance with the terms of the development contract at
$1,223,000 and the development contract administration fees total $29,245. The administration
fee does not include the applicant's SWMP fees. These fees will be calculated after the review
of the construction plans have been completed.
' The applicant has also submitted detailed construction plans and specifications for staff review
and City Council approval. Staff has reviewed the construction plans and specifications and find
the documents in general conformance to the City standards. However, the plans still require
some modifications which the applicant's engineer is in the process of revising. The revised
plans were not available at time of writing this item. The revised construction plans and
specifications will be available for review in the Engineering Department on Monday, July 24,
1995. It is therefore recommended that the construction plans and specifications for Oaks of
Minnewashta dated July 10, 1995, revised July 24, 1995 prepared by Loucks & Associates, and
the development contract dated July 24, 1995 be approved conditioned upon the following:
'
1. pp The applicant enter into the development contract and supply the City with a cash escrow
or letter of credit in the amount of $1,223,000 and pay an administration fee of $29,245
' and SWMP connection fees. OffiCIAL ENG1NEMING COP'le
Received
' Attachments: 1. Development contract dated July 24, 1995. Revision too.
2. Breakdown of administration fees dated July 19, 1995. Approved by i � ty Engineer
Date
' c: Paul Harstad, Harstad Co. A ppMv W CCouncil g \eng \projects \oaksminn \devcon.cc by City
Date
CITY OF CHANHASSEN I
CARVER AND HENNEPIN COUNTIES, MINNESOTA
OAKS OF MINNEWASHTA
DEVELOPMENT CONTRACT '
(Developer Installed Improvements) 1
L
i
TABLE OF CONTENTS
GC -1
1.
PAGE
SPECIAL PROVISIONS
1.
REQUEST FOR PLAT APPROVAL . . . . . . . . . .
. . . . SP -1
SP -1
' 2.
CONDITIONS OF PLAT APPROVAL . . . . . . . . .
. . . .
SP -1
3.
DEVELOPMENT PLANS . . . .
SP-2
4.
IMPROVEMENTS . . . . . . . . . . . . . . . . .
. . . .
SP -2
' S.
TIME OF PERFORMANCE . . . . . . . . . . . . .
. . . .
SP -2
6.
SECURITY •
SP -3
7.
NOTICES . . . . . . . .
SP -3
8.
OTHER SPECIAL CONDITIONS . . . . . . . . . . .
. . . .
SP -9
' 9.
GENERAL CONDITIONS . . . . . . . . . . . . . .
. . . .
GENERAL CONDITIONS
GC -1
1.
RIGHT TO PROCEED . . . . . -
GC -1
2.
PHASE DEVELOPMENT . . . . . . . . . . . . . . . .
. .
GC -1
'
3.
EFFECT OF SUBDIVISION APPROVAL . . . . . . . . . .
. .
GC -1
4.
IMPROVEMENTS •
GC -2
5.
IRON MONUMENTS . . . . . . . . . . . . . . . . . .
. .
GC -2
6.
LICENSE . . . . . . . . . . . . . . . . . . . . .
. .
GC-2
7.
7A.
SITE EROSION CONTROL . . . . . . . . . . . . . . .
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
. .
OR OTHER
GC -3
8.
BUILDING . . . . . . . . . . . . . . . . . . . . .
CLEAN UP . . . . . . . .
. .
GC -3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS . . .
. . . GC -3
GC -3
10.
CLAIMS . . . . . . . . . . . . . . . . . . . . .
. . .
GC -3
11.
PARK AND TRAIL DEDICATION . . . . . . . . . . .
. . .
GC -3
12.
LANDSCAPING .
GC -4
13.
WARRANTY . . . . . . . . . . . . . . . . . . . .
. . .
GC-4
14.
LOT PLANS . . . . . . . . . . . . . . . . . . .
. . .
GC -5
'
15.
EXISTING ASSESSMENTS . . . . . . . . . . . . . .
. . .
GC -5
16.
STREET LIGHTING . . . . . . . . . . .
GC -5
'
17.
18.
SIGNAGE . . . . . . . . . . . . . . . . . . . .
HOUSE PADS . . . . . . . . . . . . . . . . . . .
. . .
. . . GC -5
GC -5
19.
RESPONSIBILITY FOR COSTS
GC -6
20.
DEVELOPER'S DEFAULT . . . . . . . . . . . . . .
. . .
21.
MISCELLANEOUS
GC -7
A. Construction Trailers .
GC -7
B. Postal Service . . . . . . . . . . . . . .
. . .
GC -7
'
C. Third Parties . . . . . . . . . . . . . . .
D. Breach of Contract . . . . . . . . . . . .
. . .
. . . GC -7
GC -7
E. Severability . . . .
GC -7
F. Building Permits . . . . . . . . . . . . .
. . .
GC -7
G. Waivers /Amendments . . . . . . . . . . . .
. . .
'
GC -7
H. Release
GC -7
I . Insurance . . . . . . . . . . . . . . . . .
. . .
GC -8
J. Remedies . . . . . . . . . . . . . . . . .
. . .
GC -8
'
K. Assignability . . . . . . . . . . . . . . .
. . .
GC -8
L. Construction Hours . . . . . . . . . . . .
GC -8
'
M. Access . . . . . . . . . . . . . . . . . .
N. Street Maintenance . . . . . . . . . . . .
. . .
. . . GC -8
0. Storm Sewer Maintenance . . . . .
P. Soil Treatment Systems . . . . .
Q. Variances . . . . . . . . . . . .
R. Compliance with Laws, Ordinances,
S. Proof of Title . . . . . . . . .
T. Soil Conditions . . . . . . . . .
U. Soil Correction . . . . . . . . .
. . . . . . . . GC -9
. . . . . . . . GC -9
. . . . . . . . GC -9
and Regulations GC -9
. . . . . . . . GC -9
. . . . . . . . GC -9
. . . . . . . . GC -10
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
OAKS OF MINNEWASHTA
SPECIAL PROVISIONS,
AGREEMENT dated July 24, 1995, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
HARSTAD COMPANIES, a Minnesota corporation (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for OAKS OF MINNEWASHTA (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
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
' terms shall control. The plans are:
Plan A: Final plat prepared by Loucks & Associates, Inc. and
approved by the Chanhassen City Council on July 24, 1995.
'
Plan B: Grading, Drainage and Erosion Control Plan dated July 10,
g
1995, revised July 24, 1995, prepared by Loucks &
' Associates, Inc.
Plan C: Construction Plans and Specifications for Improvements
' dated July 10, 1995, revised July 24, 1995, prepared Y
Loucks & Associates, Inc.
Plan D: Landscape Plan (Tree Preservation Plan) dated July 10,
' 1995, prepared by Loucks & Associates, Inc.
I Revised 3/22/94
I SP -1
4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets and Sidewalks
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
M. Wetland Monumentation
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1996. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$1,223,000.00. The amount of the security was calculated as 110%
of the following:
Site grading . . . . . . . . . . . . . . $ 210,000
Sanitary sewer /lift station . . . . . . . $ 231,350
Watermain . . . . . . . . . . . . . . . . $ 125,880
Storm Sewer, Drainage System,
including cleaning and maintenance . . . $ 110,000
Streets /sidewalks . . . . . . . . . . . . $ 279,000
Street lights and signs . . . . . . . . . $ 4,100
Erosion control /site restoration . . . . $ 41,000
Engineering, surveying, and inspection . $ 75,000
Landscaping . . . . . . . . . . . . . . . $ 35,000
Wetland Monuments . . . . . . . . . . . . $ 200
TOTAL COST OF PUBLIC IMPROVEMENTS . . . . $ 1,111,530
SP -2
' This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1996. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
' reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 100 of
the original amount until all improvements are complete and
accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
' employees or agents, or mailed to the Developer by registered mail
at the following address:
' Mr. Paul Harstad
Harstad Companies
2191 Silver Lake Road
New Brighton, MN 55112
' Telephone: (612) 636 -3751
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.
8. Other Special Conditions.
' A. All areas disturbed during site grading shall be immediately
restored with seed and disc mulched or wood fiber blanket or
sod within two weeks of completing site grading unless the
' City's Best Management Practice Handbook planting dates
dictate otherwise. All areas disturbed with slopes of 3:1 or
greater shall be restored with sod or seed and wood fiber
blanket.
B. All utility and street improvements shall be constructed in
accordance with the latest edition of the City's Standard
' Specifications and Detailed Plates. Detailed street and
utility plans and specifications shall be submitted for staff
review and City Council approval in conjunction with final
plat approval.
C. The applicant shall apply for and obtain permits from the
appropriate regulatory agencies (i.e. Watershed District,
MWCC, Health Department, DNR) and comply with their conditions
of approval.
I SP -3
D. The applicant shall enter into a development contract with the ,
City and provide the necessary financial security to guarantee
compliance with the terms of the development contract. ,
E. Storm drainage discharge from the site shall maintain the
predeveloped runoff conditions. The applicant shall provide
detailed storm sewer and ponding calculations for a 10 -year '
and 100 -year storm event of a 24 -hour duration. Water quality
and quantity ponding calculations shall be submitted in
accordance with the City's SWMP for the City Engineer to '
review and approve.
F. The applicant shall have soil borings performed on the site
and submit a soils report to the City for review prior to '
issuance of building permits.
G. Lot 32, Block 3 shall take direct access from Country Oaks '
Lane and not Kings Road unless Kings Road has been upgraded to
City standards.
H. Wetlands on the site shall be staked, surveyed and included on ,
the grading and drainage plan. In addition, a buffer strip
shall be incorporated per City ordinance. _
I. The proposed development shall be responsible for SWMP water
quality and quantity connection fees. SWMP water quality and
quantity connection fees may be credited/ reduced depending on
the applicant's contribution to on -site storm drainage
improvements according to the City's SWMP design parameters.
Staff will generate a breakdown of the appropriate SWMP fee
after approval of the construction plans. Credits shall be
given for the additional storm sewer required over and above
what would have been required for Kings Road improvements.
J. Outlot A shall be dedicated to the City by warranty deed for
construction of a sediment basin and parkland.
K. Staff recommends granting a variance to the City's ordinance
regarding street grades. Street grades on Kings Road shall be
permitted up to 100.
L. Detailed grading, drainage, erosion control and tree removal
plans shall be submitted for review and approval by the city
prior to issuance of building permits on Lots 4 through 8,
Block 3.
M. All private driveways shall be built in accordance to the
City's Ordinance No. 209.
N. Erosion control fence adjacent to all wetland areas shall be
the City's Type III. Erosion control fence on the entire site
shall be maintained by the applicant until the entire site has
been revegetated and removal is authorized by the City.
SP -4 '
0. Barricades shall be placed at the east end of the temporary
cul -de -sac on White Oak Lane and County Oaks Road and a sign
indicating that "THIS STREET WILL BE EXTENDED IN THE FUTURE.
P. Park
' The plat shall include a 8+ acre park at the northwest
intersection of where Kings Road currently is located and
Minnewashta Parkway. The acquisition of the park to be
' accomplished through park dedication (1.8+ acres) and purchase
(6.2 acres) . This acquisition shall be — a condition of final
plat approval. A purchase agreement shall be negotiated by
the city contingent upon city council approval. Full park fee
' credit shall be granted as a part of these negotiations. The
purchase agreement for the park property shall be signed
before the plat is recorded.
' Trail
Acceptance of full trail dedication fees in force upon
building permit application is recommended. Current trail
fees are $300 per single family residential unit,with 1/3 of
these fees to be paid at the time of final plat.
'
Q. The applicant shall escrow with the city their fair share of
the costs to extend Kings Road west of Country Oaks Road or a
conveyance placed on the deed of Outlot B that these future
lots will be responsible for 50% of the costs to upgrade Kings
Road west of Country Oaks Road.
' R. A woodland management plan shall has been prepared as per city
ordinance Section 18.61. The staff is recommending
modifications to the Woodland plan acceptable and approved by
' staff prior to recording. Surety for the landscaping shall be
specified in the development contract. The landscaping plan
shall be signed by a landscape architect.
• Sugar Maples in the wet soils shall be modified to other
species including Swamp White Oak, Linden, River Birch,
Silver Maple or Red Maple.
• Tree conservation easements are required on Lots 4 -8,
Block 3. In addition, tree removal plans for these lots
shall be provided. At the time of building permit, the
' builder shall provide canopy removal calculations and
tree removal /preservation plan. If trees removed in
these lots exceed the original canopy coverage, trees
shall be replaced at a 2 to 1 ratio.
The developer shall provide accounting of the trees being
utilized. They shall also provide a matrix of the block, lot,
number and type of trees being placed on lots. The trees
shall be placed on the site within the following ranges:
I SP -5
Species Range
American Linden 49 - 65
Littleleaf Linden
Sugar Maple 49 - 65
Red Oak 19-49
White Oak
Black Hills Spruce 39 - 49
Norway Spruce
Red Cedar
Weeping Willow 0 - 11
S. Within 3 years after final plat approval, Outlot B must be
subdivided consistent with the approved plat (shown with 7
lots). After that time, Outlot B will subject to city
ordinances in effect.
T. Lots 8 and 9, Block 1 and future Lot 7 ( Outlot B) adjacent to
the two ag /urban wetlands shall maintain the ordinance
requirements of a 40' setback and 10' buffer strip.
U. Compliance Table
Block 1
Lot Area
Street Frontage
Lot Depth
(15,000 sT required)
(90' required)
(125' required)
Lot 1
15,590
90
169
Lot 2
15,727
93
169
Lot 3
17,221
100
176
Lot 4
18,246
110
155
Lot 5
15,799
90
193
Lot 6
15,222
106
182
Lot 7
15,004
101
150
Lot 8
15,002
100
150
Lot 9
15,002
100
150
Block 2
Lot 1
Lot 2
Lot 3
Lot 4
Block 3
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
I Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
I Lot 17
Lot 18
Lot 19
I Lot 20
Lot 21
Lot Area
(15,000 s.f. required)
16,529
16,003
16,529
18,112
Lot Area
(15,000 s.f. required)
15,904
15,865
15,827
15,747
16,005
18,007
26,213
30,739
19,065
15,022
15,193
15,042
15,107
15,001
15,001
16,496
18,302
15,062
15,249
15,325
1 5,967
Street Frontage
(90' required)
90
90
100
114
Street Frontage
(90' required)
100
100
100
100
96
100
106
136
136
106
90
90
102
100
100
110
107
100
100
100
118
SP -7
Lot Depth
(125' required)
171
162
151
150
Lot Depth
(125' required)
150
150
150
150
137
137
220
220
140
140
140
141
145
150
150
150
150
150
152
147
147
Lot 22
17,887
116
142
Lot 23
21,453
90
128
Lot 24
18,466
90
128
Lot 25
21,765
90
157
Lot 26
15,264
117
137
Lot 27
15,154
100
151
Lot 28
15,341
100
152
Lot 29
15,716
105
145
Lot 30
15,225
105
145
Lot 31
15,225
105
145
Lot 32
15,150
105
144
V. The City Council grants staff the flexibility to
administratively approve the construction plans and
specifications.
W. The applicant's Surface Water Management connection fees will
be calculated upon final review and approval of the
construction plan documents. The City will credit the
applicant for the additional storm sewer required to reroute
the stormwater easterly along Kings Road to Outlot A over and
above what would normally be necessary to convey the drainage
from Kings Road. The City will be participating in a 50 -50
cost sharing with the applicant for the construction of the
street, utilities, and storm drainage structures for Kings
Road adjacent to the parkland. The City's share will also
include a 50 -50 cost split of the engineering inspection and
legal fees specifically associated with the improvements on
Kings Road adjacent to the parkland. The engineering,
inspection and legal fees associated with the improvements on
Kings Road adjacent to the parkland shall be determined as an
equivalent ratio of the specific construction cost divided by
the total construction cost for Kings Road. The City shall
also compensate the applicant for the oversizing cost of the
lift station and a prorated share of the telemetry system.
The final compensation amount will be determined upon
completion of the project improvements.
X. The landscape plan shall be revised to locate plant materials
so they are not placed over any utility lines or within I
drainage swales.
SP -8 1
' Y. The applicant shall dedicate on the final plat a 20 ft. x 20
ft. area for a drainage and utility easement for the lift
station over the southwest corner of Outlot B.
Z. It will be the applicant's responsibility to remove the
existing structures from the site and disconnect the utility
' services from each dwelling. In addition, the applicant shall
be responsible for the abandonment of the existing wells and
septic systems in accordance with local and state health
' codes. Upon razing of the structures on the park property,
all debris shall be removed off site and the basements
backfilled with clean fill material. The City will reseed the
areas where the structures existed. The demolition of these
existing structures on the park property shall be completed
within 30 days after the final plat has been recorded.
' AA. The applicant may commence site grading contingent upon the
applicant entering into the development contract and supplying
the City with a financial security to guarantee site grading,
erosion control, and site restoration.
9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
' attached as Exhibit "B" and incorporated herein.
L
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1 SP -9
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER: HARSTAD COMPANIES
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
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
SP -10
' EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Southeast Quarter of the Southeast Quarter of
Section 6, Township 116 North, Range 23 West of the 5th Principal
Meridian described as follows:
' Beginning at a point on the East line of said Southeast
Quarter of the Southeast Quarter a distance of 704.93
feet Northerly from the Southeast corner of said
' Southeast Quarter of the Southeast Quarter; thence
Westerly, a distance of 1306.86 feet, to a point of the
West line of said Southeast Quarter of the Southeast
Quarter a distance of 695.56 feet Northerly from the
' Southwest Corner of said Southeast Quarter of the
Southeast Quarter; thence Northerly, along said West
line, a distance of 218.56 feet, to a point on said
West line a distance of 395.90 feet Southerly from the
Northwest corner of said Southeast Quarter of the
Southeast Quarter; thence Easterly, a distance of
1308.03 feet, to o point on the East line of said
Southeast Quarter of the Southeast Quarter a distance
of 389.40 feet Southerly from the Northeast corner of
' said Southeast Quarter of the Southeast Quarter; thence
Southerly, along said East line, a distance of 214.40
feet, to the point of beginning, Carver County,
Minnesota.
Together with that part of the Southeast Quarter of the Southeast
Quarter of Section 6, Township 116 North, Range 23 West of the
5th Principal Meridian, described as follows:
' Beginning at a point on the East lint; of said Section 6
a distance of 624.93 feet northerly from the Southeast
corner thereof; thence Northerly along the said East
line 80 feet; thence North 89 degrees 53 minutes 42
seconds West (bearing not to control) 1307.49 feet more
or less to a point on the West line of the said
Southeast Quarter of the Southeast Quarter a distance
of 695.56 feet Northerly from the Southwest corner
thereof; thence Southerly along said West line 237.26
feet; thence South 89 degrees 47 minutes 44 seconds
East (bearing not to control) 1306.06 feet more or less
to a point on the East line of ::aid Section 6 a
distance of 465.42 feet from the Southeast corner
thereof; thence Northerly along sai:• Fast line 159.51
feet to the point of beginning.
' The bearing of the East line of said S�ct,ion 6 in the above
described description is assumed to be North 00 degrees 16
minutes 30 seconds West for the basis of the bearings within the
description. Said East line being a straight line run from a
stone monument in the Southeast corner of Section 6 to a stone
monument in the Northeast corner of Section 6. Said stone
monument as of record in the Carver County Courthouse, Carver,
Minnesota.
SP -11
Together with that part of Government Lot 1, Section 8, Township
116 North, Range 23 West, of the 5th Principal Meridian,
beginning at the Northwest corner of sold Section 8; thence
running East on the North line of said Section 8 a distance of
6.00 rods; thence South, parallel with the West line of said
Section 8 to the shoreline of Lake St. Joe thence Westerly along
said shoreline to said West line; thence Northerly to the place
of beginning.
Together with that part of Government Lot 1, Section 8, Township
116 North, Range 23 West, of the 5th Principal Meridian,
described as follows:
Commencing at the Northwest corner of said Section 8;
thence Easterly, along the North line of said Section 8
a distance of 6 rods, to the point of beginning of the
parcel to be described; thence Southerly, parallel with
the West line of said Section 8, a distance of 550.00
feet; thence Southeasterly to a point 580.00 feet South
of said North line, measured parallel with said West
line and 199.00 feet East of said West line, measured
parallel with said North line; thence Northerly,
parallel with said West line, 580.00 feet to said North
line; thence Westerly 100.00 feet to the point of
beginning.
Township I1ro North, Range 23 West and of the Southeast Quarter of
the Southeast Quarter of Section 6, Township 116 North, Range 23
West, both of the 5th Principal Meridian, described as follows:
Beginning at the intersection of the Westerly shoreline
of Lake Minnewashto and the South line of said
Government Lot 6, Section 5; thence Westerly to the
Southwest Corner of said Section 5; thence Westerly
along the South line of said Section 6 a distance of
80.00 rods; thence North at a right angle, 29.00 rods;
thence East, parallel with said South line of Section
6, a distance of 80.00 rods to the East line of said
Section 6; thence continue East along the production of
the last described course, to the shoreline of said
Lake Minnewashta; thence Southerly along said
shoreline, to the point of beginning and there
terminating.
Excepting therefrom that part of Government Lot 6, Section 5,
Township 116 North, Range 23 West, of the 5th Principal Meridian
lying North of the following described line:
Commencing at the Southeast corner of Section 6, said
Township 116 North, Range 23 West; thence Northerly
along the east line of said Section 6 a distance of
465.42 feet to the point of beginning of the line to be
described; thence North 89 degrees 55 minutes 20
seconds East 615.00 feet more or less to the shoreline
of Lake Minnewashta and there terminating.
The bearing of the East line of said Section 6 in the above
described exception is assumed to be North 00 degrees 16 minutes
30 seconds West for the basis of the bearings within the
description. Said East line being a straight line run from a
stone monument in the Southeast corner of Section 6 to a stone
monument in the Northeast corner of Section 6. Said stone
monument as of record in the Carver County Courthouse.
SP -12
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
SP -13
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 -14
CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
' GENERAL CONDITIONS,
1. Right to Proceed. Within the plat or land to be platted,
the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the
' following conditions have been satisfied: 1) this agreement has
been fully executed by both parties and filed with the City Clerk,
2) the necessary security and fees have been received by the City,
3) the plat has been recorded with the County Recorder's office of
the County where the plat is located, and 4) the City Engineer has
issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
' are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
' the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
' contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
' City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
' The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
' engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
' submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
' GC -1
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. Within sixty (60) days after the
completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a
complete set of reproducible Mylar as -built plans, (2) two complete
sets of blue line 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, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
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 for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for
erosion control, the City will authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
GC -2
' 7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
' cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code § 20 -94.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
' that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of the
improvements, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same with
' appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
' the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
' authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
' of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
' Council resolutions. One -third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
' 12. Landscaping. Unless the lot already has one tree in the
front yard of suitable species, the Developer or lot purchaser
GC -3
shall plant a tree in the front yard of every lot in the plat.
Suitable trees include:
Maples Birch
Linden Ginkgo
Locust Kentucky Coffee Tree
Hackberry Hawthorn
Oak Hickory
Ash
Other species of trees may be approved by the building inspector.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, 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). In addition to any sod required
as a part of the erosion 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 four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee of
$750.00 in the form of cash or letter of credit shall be provided
to the City. These conditions must then be complied with within two
(2) months after the certificate of occupancy issued, except that
if the certificate of occupancy is issued between October 1 through
May 1 these conditions must be complied with by the following July
lst. Upon expiration of the time period, inspections will be
conducted by City staff to verify satisfactory completion of all
conditions. City 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 returned. If the requirements are not
satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20 -94
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.
13. Warranty. The Developer warrants all work required to be
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free at the time of planting. All
landscape plantings shall be warranted for twelve (12) months from
the time of planting. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to
secure the warranties at the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an
acceptable Grading, Drainage, Erosion Control including silt
fences, and Tree Removal Plan shall be submitted for each lot for
GC -4
' review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
' removal is consistent with development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
' standards.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. 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 $200.00 for each street light installed
' in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street name,
monumentation required by the City
improvements shall be furnished and i
sole expense of the Developer.
18. House Pads. The Developer
' City "as- built" plans indicating the
fill on any house pad location.
traffic signs, and wetland
as a part of the public
nstalled by the City at the
shall promptly furnish the
amount, type and limits of
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
t fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
' of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
ii) if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3 %) of
construction costs for the first $500,000
and two percent (2 %) of construction
' costs over $500,000;
if the cost of the construction of public
improvements is over $1,000,000, two and
one -half percent (2 of construction
costs for the first $1,000,000 and one
and one -half percent (1 of
construction costs over $1,000,000.
I GC -5
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all out -of- pocket costs incurred by
the City for providing resident construction inspections. This
cost will be periodically billed directly to the Developer based on
the actual progress of the construction. Payment shall be due in
accordance with Article 19E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. Developer's Default. In the event of default by the
Developer as to any of the work to be performed by it hereunder,
the City may, at 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 of the work in
default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
GC -6
' When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
' 21. Miscellaneous.
A. Construction Trailers. Placement of on -site
t construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre- construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
' B. Postal Service. The Developer shall provide
for the maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties. Third parties shall have no
recourse against the City under this Contract.
D. Breach of Contract. Breach of the terms of
this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
E. Severability. If any portion, section,
subsection, sentence, clause, paragraph, or phrase of this Contract
is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
F. Building Permits. Building permits will not be
' issued in the plat until sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface
' and the site graded and revegetated in accordance with Plan B of
the development plans.
' G. Waivers /Amendments. The action or inaction of
the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written
' resolution of the City Council. The City's failure to promptly
take legal action to enforce this Contract shall not be a waiver or
release.
H. Release. This Contract shall run with the land
and may be recorded against the title to the property . After the
' Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
' I. Insurance. Developer shall take out and
maintain until six (6) months after the City has accepted the
GC -7
public improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign
this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction 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.
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.
Any approved work performed after dark shall be adequately
illuminated.
M. Access. All access to the plat prior to the
City accepting the roadway improvements shall be the responsibility
of the Developer regardless if the City has issued building permits
or occupancy permits for lots within the plat.
N. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
GC -8
' shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
' base or utilities because of snow plowing operations. The provision
of City snow plowing service does not constitute final acceptance
of the streets by the City.
O, Storm Sewer Maintenance. The Developer shall
be responsible for cleaning and maintenance of the storm sewer
system (including ponds, pipes, catch basins, culverts and swales)
' within the plat and the adjacent off -site storm sewer system that
receives storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
1 maintenance of the storm sewer system. The Developer's obligations
under this paragraph shall end two (2) years after the public
improvements in the plat have been accepted by the City.
' P. Soil Treatment Systems. If soil treatment
systems are required, the Developer shall clearly identify in the
field and protect from alteration, unless suitable alternative
' sites are first provided, the two soil treatment sites identified
during the platting process for each lot. This shall be done prior
to the issuance of a Grading Permit. Any violation /disturbance of
these sites shall render them as unacceptable and replacement sites
will need to be located for each violated site in order to obtain
a building permit.
Q. 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.
' R. Compliance with Laws, Ordinances, and
Regulations. In the development of the plat the Developer shall
comply with all laws, ordinances, and regulations of the following
authorities:
1.
City of Chanhassen;
'
2.
State of Minnesota, its agencies, departments
and commissions;
3.
United States Army Corps of Engineers;
4.
Watershed District(s);
5.
Metropolitan Government, its agencies,
departments and commissions.
'
S.
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.
T.
Soil Conditions. The Developer acknowledges
that the City
makes no representations or warranties as to the
its fitness for
condition of
the soils on the property or
'
GC -9
construction of the improvements or any other purpose for which the
Developer may make use of such property. The Developer further
agrees that it will indemnify, defend, and hold harmless the City,
its governing body members, officers, and employees from any claims
or actions arising out of the presence, if any, of hazardous wastes
or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
U. Soil Correction. The Developer shall be
responsible for soil correction work on the property. The City
makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
GC -10
t
CITY OF CHANHASSEN
OAKS OF MINNEWASHTA
PROJECT NO. 94 -14
BREAKDOWN OF ADMINISTRATION FEES - 7/19/95
Estimated Total Cost of Public Improvements ........................ $885,280.00*
- 3% of Public Improvement Costs (Under $500,000) ................... $ 15,000.00
- 2% of Public Improvement Costs (Over $500,000) ..................... $ 7,705.00
- Street Lighting Charge (for electricity)
8 @ $200 ............... ............................... $ 1,600.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
$ 350.00
and Development Contract)
.. ...............................
- Recording Fees
a. Development Contract .... ........................... ...... $ 30.00
b. Plat Filing ... $ 30.00
c. Tree Conservati ............................. on Easements .............................. $ CITY
d. Deeds for Outlots A & D $ CITY
. ...............................
- Trail Fees (1/3) [45 lots x 300/3] $ 4,500.00
.. ...............................
- SWMP Fees (DELAY PAYMENT UNTIL CREDITS RESOLVED) ....... $ PENDING
TOTAL ADMINISTRATION FEES DUE AT FINAL PLAT RECORDING .... $29.245.00
*This figure does not include landscaping costs and 50% of Kings Road improvement costs
($191,250).
c: Todd Hoffman, Park & Recreation Director