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2i. Extend letter of Credit & exp date for installing Seven-Fourty One Crossing 1 It CITYOF -- 1 CHANHASSEN i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Charles Folch, Assistant City Enginer FROM: Dave Hempel, Sr. Engineering Technic , . 11 Paul Krauss, Director of Planning ,,• (� DATE: January 9, 1991 SUBJ: Extend Letter of Credit and Expiration Date for Installation of Improvements for Seven Forty -One Crossing, HSZ Development, Project No. 88 -18 (pvt) The developers of Seven Forty -One Crossing retail center, located at the intersection of Trunk Highways 7 and 41, are requesting the City to consider ' granting another extension of time to complete installation of the required improvements for this development and modify the security requirements stipulated in the development contract. The remaining improvements consist of installing the final wear course on 64th Court and repairs to the retention pond lying south of the retail center (Outlot A). At the December 6, 1989 City Council meeting, the Council granted a previous request to extend the completion date to July 1, 1990 for the installation of improvements on Seven Forty -One Crossing together with reducing the Letter of Credit by the maximum allowed to the amount of $74,250 which is 25% of the ' original security amount. The letter of credit was scheduled to expire December 31, 1990 and was recently extended by the developer until January 31, 1991. The Seven Forty -One partnership has undergone a change in the partnership structure whereby the previous partner, Mr. Roger Zahn who was managing this project, is no longer involved. The project is now managed by Mr. Timothy Whitten and Mr. Richard Heise. On August 29, 1990 staff sent a letter concerning the completion of the remaining required improvements in the development (see attachment No. 3). With the exception of repairs to the retention pond lying south of the retail center (Outlot A) and construction of the final wear course on 64th Court the required site improvements have been completed. Due to undetermined ground water seepage, repairs to the retention pond have been delayed until further ' investigations and remedial actions could be prescribed. These corrective actions have now been provided and it appears advantageous to perform these during the frozen conditions of winter. The remaining street and storm sewer improvements on 64th Court, except the final wear course, were completed in November 1990. It is the City's policy to wait one freeze /thaw cycle to allow for any settlements to occur prior to constructing the final wear course. Therefore, this necessitates spring 1991 construction. Charles Folch i January 9, 1991 Page 2 Both Mr. Whitten and Mr. Heise have been very cooperative with staff in pursuing ' completion of the outstanding items addressed in staff's August 29, 1990 letter. Staff estimates the total cost to complete the remaining items to be approximately $31,500. Staff would also like to point out the development contract for Seven Forty -One Crossing also included installation of the street and utility improvements for Reed's Orchard Ridge Addition (64th Court). The developer has successfully installed the required improvements in both Seven Forty -One Crossing site and Reed's Orchard Ridge with the exception of the ' above-mentioned items; however, the final plat for Reed's Orchard Ridge has not been recorded at the County. The Seven Forty -One partnership and Mr. Gary Reed, owner of Reed's Orchard Ridge Addition, apparently are at a discrepancy of whose responsibility it is to file the plat and pay for the filing fees associated with recording. It is therefore recammeded that the City Council grant the requests to extend ' the time of performance to install the remaining improvements to July 1, 1991 together with a reduction in the letter of credit by $39,250 to leave in force a letter of credit in the amount of $35,000. The letter of credit should be for a ' term ending July 31, 1991 contingent upon the following items being resolved first: ' 1. Final plat of Reed's Orchard Ridge be recorded at the County. 2. Detail construction plans for repairs to the retention pond be submitted to the City and Watershed District for approval. 3. The City be reimbursed for all development inspection fees and street light installation. DIRECTOR OF PLANNING COMMENT We do not oppose the extension of the letter of credit and expiration date for installation of improvements for Seven Forty -One Crossing as is being requested. However, a letter dated December 17, 1990 from the developer, Tim Whitten, asks that it "is important that we be assured that the City is not withholding the Certificate of Occupancy for PJ's Restaurant based upon the outstanding issues ( wearcourse and repairs to the detention pond)." The City Council may recall that completion of all outstanding conditions previously attached to other ' approvals concerning the Seven Forty -One Center was a condition of approval for PJ's Restaurant. We are willing to accept the fact that the wearcourse for the street cannot be laid until spring and, in fact, from an engineering standpoint should not be laid; however, improvements to the pond must be completed prior to ' the issuance of any certificates of occupancy for PJ's Restaurant. The owners of the shopping center were aware of this condition since PJ's was approved last fall. On a further note, it is our belief that work on the pond can continue ' during the winter. It should further be noted that PJ's Restaurant owner has not yet applied for a building permit to develop the establishment. A copy of the certified conditions for approval of this conditional use permit for PJ's ' Restaurant is attached. lap Charles Folch January 9, 1991 ' Page 3 Attachments: 1. Location map. 2. Excerpt fran development contract. ' 3. Letter from Dave Hempel dated August 29, 1990. 4. Letter from Richard Heise dated December 13, 1990. 5. Letter from Tim Whitten dated December 17, 1990. 6. Letter fran Tim Whitten dated December 21, 1990. 7. Conditional Use Permit for PJ's Restaurant and Bar. c: Mr. Robert Heise Rai Quanbeck, P.E. Minnehaha Creek Watershed District 1 1 1 1 . _ . .. , ... . .,....,.--;g•.---4-4, 1-1- ' - .. -. - '-' _ . , : . _ _ Al 1 C 0 0 0 . . 0 0 8 8 0 8 ...... ,, 8 3 0 8 0 es 0 in N N Ole N 01 iv co cv 1. 01 I 4 d1,1 = & 1 ."1 N WIN =ft ■ glir digirlft&% MVO ir.11111111 , **\ 1 a . 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(:•••"' 0 il III Y • 1 '--- • 1 A z • CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) SEVEN FORTY -ONE CROSSING 11 SPECIAL PROVISIONS AGREEMENT dated al4CADI 2JJ) , 19E6 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City "), and HSZ DEVELOPMENT, LTD., a Minnesota corporation (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for SEVEN FORTY -ONE CROSSING (referred to in this Contract as the "plat "). The land is legally described on the attached Exhibit "A ". 1 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 - -Plat dated "Received July 13, 1988 ", prepared by , Peters, Price & Samson Land Surveyors, Ltd. Plan B -- Grading, Drainage, and Erosion Control Plan dated II November 10, 1988, prepared by Barrientos & Associates, Inc. Plan C- -Plans and Specifications for Improvements dated ' November 10, 1988, prepared by Barrientos & Associates, Inc. 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System on 64th Street , B. Water System on 64th Street C. 64th Street including Cul -de -sac D. Concrete Curb and Gutter E. Street Sign F. Street Light G. Site Grading H. Setting of Lot and Block Monuments I. Surveying and Stakin r10/13/88 SP -1 I� ►TT CHMENT 2 1 Pr / L , :a • 7) I /2/ J. Construction of Turn Lane for Westbound TH 7 , K. Construction of 8 -foot Bituminous Trail from I 64th Street to TH 41 L. Storm Sewer System from the site to Herman Field Park M. Erosion Control 1 N. Landscaping 5. Time of Performance. The Developer shall install II all required improvements by November 30, 1989. 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 II the extended completion date. 6. Security. To guarantee compliance with the terms I of this Contract and the Development Contract for the Reed Addition dated the 19th day of October, 1988; payment of special assessments; payment of the costs of all public improvements and I construction of all public improvements; the Developer shall fur- nish the City with a letter of credit from a bank, cash escrow, or equivalent ( "Security ") for $ 297,000.00 . The amount of the security was calculated as 110% of the following: 1 Sanitary sewer $ 13,398.00 Watermain $ 29,912.00 1 Storm sewer $ 67,000.00 Street light and sign $ 300.00 Erosion Control $ 2,500.00 Engineering, surveying, and inspection $ 13,511.00 Turn Lane on TH 7 $ 22,000.00 Landscaping $ 55,000.00 1 Reed Addition $ 66,241.74 TOTAL COST OF PUBLIC IMPROVEMENTS $ 269,862.74 II This breakdown is for historical reference; it is not a restric- tion on the use of the security. The security shall Abe subject to the approval of the City. The security shall be for a term I ending December 31, 1989. The City may draw down the security, without notice, for any violation of the terms of the Contract. If the required public improvements are not completed at least II 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 II security may be reduced from time to time as financial obliga- -- tions are paid, but in no case shall the security be reduced to a point less that 25% of the original amount until all improvements II are complete and accepted by the City. 7. Notices. 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: I SP -2 d sO sPa� s0 10 0C R St 11111 • ITY OF c C. 0, oe CHANHASSEN 1111:! - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II (612)937-1900* FAX(612)937-5739 August 29, 1990 CERTIFIED ' Mr. Roger Zahn Seven -Forty One Partnership 1010 Pleasant View Road Chanhassen, MN 55317 Re: Expiration Date for Installation of Improvements for Seven -Forty One Cross dig and Reed's Orchard Ridge Project No. 88 -17 (pvt)\, 1 Dear Mr. Zahn: On December 6, 1989, the City Council granted your request to ' extend the expiration date to July 1, 1990 for the installation of improvements on Seven -Forty One Crossing together with reducing your Letter of Credit. As this date has come and gone, and this year's construction season is nearing an end, the City is very concerned as to your schedule for completing the required improvements on both Reed's Orchard Ridge and the retail center. ' We are therefore requesting that you provide us with a letter outlining your schedule for completing the remaining improvements on both projects. 1 Listed below_ &e the items remaining to be completed prior to November 15, 1990. If the City does not receive a letter with your intentions by September 10, 1990, the City will proceed in drawing on your Letter of Credit to complete the improvements as outlined herein. The outstanding items to be completed by November 1990 are as follows: 1. Finish street and storm sewer construction on 64th Street (Reeds Orchard Ridge). 2. Repair erosion damage in pond lying south of retail center. ' 3. Replace dead landscaping on retail site. 4. Remove weeds around retail site (west and south sides) and ' replace with sod or seed to stabilize slopes. ATTACHMENT 3 • r. Roger Zahn g August 29, 1990 Page 2 ' S. Complete landscaping as shown on the approved plans dated November 9, 1989 (i.e. sumac, etc.). On a closing note, the City has authorized the installation of a street light along the turn lane on T.H. 7 into the retail center, as well as, your main entrance on T.H. 41. The costs associated with installation of these lights will be your respon- 1 sibility. The City will assume the cost of electricity. If you have questions, please contact me. Sincerely, CITY OF CHANHASSEN 1 •� David C. Hempel Sr. Engineering Technician ' DCH:jms c: JoAnn Olsen, Sr. Planner Gary Warren, City Engineer ' Don Ashworth, City Manager Roger Knutson, Attorney Ron Quanbeck, Minnehaha Creek Watershed District Administrative Packet sent 9/10/90 1 1 1 1 1 1 1 r, Le_ ' d H RMA 5 B �J ' H E . I S E CITY OF CHANUASSEN M A R A E WARM I ASSOCIATES SEP 1''� 1990 RECEIVE ENGINEERING DEPT. SEP 1 4 1990 1 • 13 September 1990 CITY OF CHANHASSEN 1 Mr. David C. Hempel Senior Engineering Technician I City of Chanhassen 690 Coulter Drive P.O. Box 147 I nhanhf^ce MN 55'217 Dear David: 1 Persuant to your letter of 29 August 1990, I'd like to apologize on behalf of Seven Forty One Partnership for the tardiness of this response. 1 The following is an item by item response to your concerns in the same order as your letter: 1 . We are currently taking bids on the remaining work and will 1 notify you as soon as we are to award. 2. Kraus Anderson has been contacted by me regarding this matter. It ' will be repaired. 3 - 5. Clem Springer of Weis Management, our center's manager, is I handling these items immediately with either our landscape subcontractor or our maintenance contractor. Please be assured that these items will be handled correctly and in a timely manner consistent with the 1 15 November 1990 date so stated in your letter. >ir;r:ereiy, ri SEVEN F* ' ONE PARTNERSHIP ` A 1 Richard A. Heise RAH:lah 1 cc: Rick Scskin, Seven Forty One Partnership Clem Springer, Weis Management 1 HRMA, 123 North Third Street, Suite 808 Minneapolis, Minnesota 55401 Telephone 612/339 -2722 FAX 612/337 -5468 1 .. ATTACHMENT 4 HRMA UR ClikiiiASSEE H E I S E Pri4Par3rwmil MA DEC :'01990 ASSOCIATES ENGINEERING DEPT, 1 17 December 1990 ' Mr. David C. Hempel Sr. Engineering Technician City of Chanhassen 690 Coulter Drive P. O. Box 147 Chanhassen, MN 55317 1 RE: Seven Forty-One- Crossing Project No. 88 -17 (pvt) Dear Mr. Hempel: 1 We are in the process of getting the letter of credit extension you requested in your letter of December 10, 1990 and will forward this to you as soon as we receive it. ' It is important that we be assured that the City is not withholding the Certificate of Occupancy for PJ's based upon the outstanding issues (wear course and repairs to retention pond). As you know, these issues are being finalized. 1 Please call me if you have any questions, and thank you for your cooperation. Sincerely, 1 HEI E REINEN MACRAE.& ASSOCIATES, INC. 1 Timothy M. Whitten, AIA Vice President 1 TMW:msp cc: Dick Heise 1 - 1 RECEIVED DEC201990 CITY ut- uh s'4 ASSE1. 1 1 HRMA, 123 North Third Street, Suite 808 Minneapolis, Minnesota 55401 Telephone 612/339-2722 FAX 612/337 -5 , ATTACHMENT HRMA H E I S E MA ASSOCIATES 1 21 December 1990 1 Mr. David C. Hempel Sr. Engineering Technician Cnv of Chanhassen 696 r Pr Dri P. O. Box 147 Chanhassen, MN 55317 RE: Seven Forty -One Crossing - 1 Project No. 88 -17 (pvt; Dear Mr. Hempel: HRMA, as agents for the developer HSZ Partnership. is requesting an extension of the 1 remaining development issues regarding the 741 Crossing Shopping Center. As you know, we have made every effort to finalize these issues and have completed finishing the storm sewer, curb, and road construction on 64th Street, replacing dead landscaping, trimming grass around retail site, and completing and adding landscape. The remaining issues are the wear coat on 64th Street. which we agree should not be installed until next spring. The other issue is the repairing of the pond , of which we are bidding an alternative as per request by the City. The contractors are also suggesting a mid - February schedule for the frost to stabilize the ground around and within the pond. We appreciate the relationship with the City on these issues and request your continued support on the remaining issues. Please feel free to call me if you have any questions. 1 Sincerely, HEISE REINEN MACRAE & ASSOCIATES, INC. * 00.0.404 0 0000 Timothy M. Whitten, Vice President TMW:msp DEC 1990 1 cc: Dick Heise 44 51P 1 HRMA, 123 North Third Street, Suite 808 Minneapolis, Minnesota 55401 ° Telephone 612/339 -2722 FAX 612/337 -5468 ATTACHMENT CITY OF CHANHASSEN RECEIVED CARVER AND HENNEPIN COUNTIES, MINNESOTA DEC ? 0 1990 I/ CONDITIONAL USE PERMIT C_Tr `, ur ` r-. - ° . I 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: PJ's Restaurant and Bar I 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: 1 Lot 2, Block 1, Seven Forty -one Crossing 3. Conditions. The permit is issued subject to the following I conditions: 1. A revised landscaping plan shall be submitted providing additional coniferous trees and other vegetation south of the I shopping center and a letter of credit covering the cost and installation of the trees will be required and held for one year after planting. It is understood that the object here is II to provide a visual buffer to the south. 2. The proof of parking plan is accepted with the following conditions: II a. Calculations shall be provided verifying internal parking lot landscaping meets the parking ordinance requirements. b. A revised landscaping plan shall be submitted providing description of internal parking lot landscaping. 1 c. No additional restaurants will be permitted in the Seven- Forty One Crossing Shopping Center. 1 d. The additional parking shown on the proof of parking plan will be constructed within 6 months of being required by Planning Staff. II 3 . All trash shall be stored internally. I 4. Prior to the issuance of a Certificate of Occupancy, there shall be compliance with all conditions previously attached to other approvals on this site. I 4. Termination of Permit. The City may revoke the permit following a public hearing under any of the following circumstances: material change of condition of the neighborhood I where the use is located and /or violation of the terms of this permit. I 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. ATTACHMENT 7 1 PAGE r � PAGES .�_ / ' 1 1 / Date: October 22, 1990 CITY OF CHANHASSEN By : _,, / ` ' ayor /' - 1 c By: 42 1 City Clerk STATE OF MINNESOTA) II SS COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this I(o II day of ' 6 , 19q o, , by Donald J. Chmiel, Mayor and Don Ashworth, City Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. II Nou'ary Pup is This instrument drafted by: I of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 , (612)937 -1900 1 y ''''it``:: Khr'c J. E`=r.�' unr z . ----) --. NOTi ",Y PL 7 - 'yip. [ r 7 �r -�/ My co:rmiss; r e r_ of ! 1 1 OFFICE OF COUNTY RECORDER I STATE OF MINNESOTA COUNTY CARV I Filing Fee This is to cer fy t at this doc ment wa f'I •n tlbi office (A theday of�19A.D.at `7 o'clock I M. and was duly recorded as ' document no. 119762 C . : LJHANSON JR. ' i y Record= .� b 4 M - / G n PA r E f -r. r.y PAGES 1