Consent Agenda Corrections i a re vt-
F.Y. s.
1 JUNE 14, 1993 CONSENT AGENDA CORRECTIONS
1 ITEM 1B - WINDMILL RUN
I Development Contract, Page SP -2, Section 5: Delete the words "in Phase I"
Development Contract, Page GC -7, Section F, Sentence No. 2: "...the City may issue one
I building permit for a model home if the lot is adjacent to Galpin Boulevard..."
Development Contract, Page GC -7, Section F, Sentence No. 3: Delete "for Lot 1, Block 2"
1 and change "Lake Drive West" to "Galpin Boulevard ".
I ITEM 1C -2 - OAK PONDS /OAK HILL
Development Contract, Page SP -3, Section 8E: Delete this section as it is non - applicable.
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ITEM 1G - CHANHASSEN BUSINESS CENTER
I Development Contract, Page SP -4, Section 8F: Change "Phase I" to "Phase II ".
I ITEM 1T - CHANGE ORDER NO. 3 TO PROJECT NO. 91 -17A
1 Staff Report, Page 2, last sentence: Change amount from $75,816.00 to $74,816.00.
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(MAID m ILL- Ruti
. 2772F7P7 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
' 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. Trails and Sidewalks
M. Landscaping
1 N. Auxiliary Turn Lanes on Gaipin Blvd. (C.R. 117)
5. Time of Performance. The Developer shall install all
' required improvements by October 31, 1994. 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
1 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
110% of the cost of constructing the following improvements as
determined by the City:
' Sanitary sewer
Watermain
Auxiliary Turn Lanes on Gaipin Blvd. (C.R. 117)
' On -site storm sewer
Streets
Street lights and signs
' Erosion control
Engineering, surveying, and inspection
Landscaping
Site Grading
1 Trails and Sidewalks
This breakdown is for historical reference; it is not a restriction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, 1994. 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
1 used to cure the default. With City approval, the security may be
SP -2
272; 16_2
1 W/nlDM I I2 UN
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
1 the remaining portion of this Contract.
F. Building Permits. Building permits will not be
' issued until the plat is recorded and the sanitary sewer,
watermain, and storm sewer improvements have been installed,
tested, and accepted by the City, and the streets needed for access
have been paved with a bituminous surface. Once the plat is
' recorded, the City may issue one building permit for a model home
if the lot is adjacent to Galpin Boulevard and access to the site
meets the City Fire Marshal's conditions for ingress and egress at
all times. However, no Certificate of Occupancy will be issued
until the City has formally accepted the public utility
improvements and Gaipin Boulevard is paved with a bituminous
surface.
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.
1 I. Insurance. Developer shall take out and 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 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 $200,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
1 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
1 other right, power or remedy, expressed or implied, now or
GC -7
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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:
' Dean R. Johnson Construction Co.
Attn: Mr. Dean R. Johnson
1 8984 Zachary Lane
Maple Grove, MN 55369
Telephone: (612) 420 -4589
Notices to the City shall be i
y 11 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. A "No Parking" restriction shall be designated along
the entire north side of Oak Pond Road. Appropriate "No Parking"
restrictions /signs shall be placed on the private service drives
and northerly side of Oak Pond Road. A "No Parking" resolution
' should be adopted by the City Council restricting parking along the
entire north side of Santa Vera Drive. Appropriate "No Parking"
restrictions /signs shall also be placed on the private service
' drives.
B. The grading and drainage plan shall be in accordance
' with the City's Best Management Practice Handbook.
C. Park and trail dedication fees shall be paid in lieu
of park land dedication, to be paid at the time of building
1 application.
D. Fencing shall be placed around the oak trees to
minimize impact during construction. Protected trees lost due to
construction must be replaced on a caliper inch basis in accordance
with a plan approved by staff.
1 E. Item deleted.
F. Compliance with the Fire Marshal's conditions as
shown in his memorandum dated October 21, 1992.
G. The applicant shall enter into a PUD agreement and
' development contract and submit the necessary financial securities.
H. The color of brick and vinyl siding shall be grays
and browns.
SP -3
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I shall be built to "NURP" standards. Design standards shall be
submitted for A temporary retention pond for Phase I and shall be
created on Lot G Outlot ”Cu until Phase II is developed.
1 E. If only Phase I of the site is graded, erosion
control fence shall be incorporated along the perimeter of the
construction limits. Type I erosion control fence shall be
' installed and maintained along the entire westerly perimeter of
Phase I construction limits. Phase II construction will require the
perimeter of the construction limits shall be Type III erosion
control. All areas disturbed during site grading shall be
immediately restored with seed and disc mulched, sod or wood -fiber
blanket within two weeks of site grading or before November 15,
' 1993, except in areas where utilities and streets will be
constructed yet that year. Areas disturbed with a slope of 3:1 or
greater must be restored with sod or wood -fiber blanket. As a part
of the erosion control measures, the applicant shall be required to
remove any materials (sediment) that enter into Bluff Creek.
F. The proposed watermain loop shown between Lots 8 and
9, Block 1 of the preliminary plat dated October 21, 1991 shall be
extended to the southerly property line of the development with
Phase II.
' G. The developer shall construct the utility and street
improvements in accordance with the latest edition of the city's
standard specifications and shall prepare final plans and
' specifications and submit for city approval. A 6 foot wide
concrete sidewalk /trail shall be included along one side of Lake
Drive West (Phase I and Phase II). The developer shall acquire
utility construction permission /permits from the PCA and Minnesota
Department of Health.
H. The developer shall obtain all necessary permits
' from the Watershed District, DNR and Army Corps of Engineers and
comply with all conditions of the permits. Drainage plans shall be
revised as outlined in the approved staff report and shall be
' resubmitted to City staff for approval. The applicant shall obtain
permission /permit from the railroad authority for all grading
activities within the railroad property.
I. The developer shall incorporate street lights into
the street construction plans. The street lights should be
installed at 150 to 200 foot intervals. The street lights shall be
' designed consistent with existing lighting on Audubon Road. A 250 -
watt contemporary low - profile rectilinear - rectangular style
lighting fixture with pressure lamps mounted on a 25 -foot high
cortin steel pole. Three street lights shall be installed with
Phase I and the remainder of the lights shall be installed with
Phase II. Location of the three lights will be determined by the
City.
J. The entire tract of land development (Lot 1, Block
1 and Lot 1, Block 2 and Outlots A, B, C and D) shall be assessed
1 for the Upper Bluff Creek Trunk Sewer and Water Improvement Project
SP -4
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