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2b. Dev Contract for Valvoline Rapid Oil • 1 C ITYOF ft....wt.. e:::/ ..6 4 1 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 I I MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: _ , Jo Ann Olsen, Senior Planner XL�..J DATE: March 7, 1991 1 SUBJ: Development Contract for Valvoline Rapid Oil, Inc. II Attached is a draft development contract for the Valvoline Rapid Oil subdivision and site plan (Attachment #1). As the City Council may recall, the Valvoline site will be administratively subdivided I by a metes and bounds description (Attachment #2). The metes and bounds subdivision will allow the Valvoline site to move forward with the Rapid Oil facility while the city plats the subject parcel 1 and surrounding parcels. The proposed development contract provides specific conditions to ensure the subject site will be included in the overall plat, that the two remnant parcels are combined with adjoining parcels and provides conditions of site 1 plan approval. The development contract also provides financial sureties to cover the cost of landscaping and other site improvements. The development contract will be filed at Carver II County along with the metes and bounds subdivision. Recommendation II Staff recommends the City Council approve the development contract as provided in Attachment #2. 1 Attachments 1. City Council Minutes dated February 25, 1991. II 2. Proposed Development Contract 1 1 1 1 . i CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law I Thomas J. Campbell Roger N. Knutson (612) 456.9539 1 Thomas M. Scott Fax (612) 456 9542 Gary C. Fuchs James R Walston Elliott B. Knecsch 1 gory D. Lewis March 7 , 19 91 Dennis J. Unger II Ms. Jo Ann Olsen Chanhassen City Hall ' 690 Coulter Drive, Box 147 I Chanhassen, Minnesota 55317 1RE: Brad Johnson /Valvoline Instant Oil Subdivision 1 (Gateway 1st Addition) I Dear Jo Ann: ' Enclosed please find revised development contract and site plan approval for the above subdivision. Changes from previous _ II draft dated 3/6/91 are in paragraphs 1, 2, 3, 4, adding new paragraph 6 regarding security, and in paragraph 8 by adding subparagraphs I through O. Changes were also made in paragraphs 1 and 8 of the General Conditions. Please call if you have any III questions. • Very truly yours, Il CAMP= LL, KNUTSON, SCOTT & r1 . i l I i BY: `_ ' Roger N. Knutson RNK:ern Enclosure - '' . 1 i 1 I . 1 II Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 ;; ;;. - .. , .:; - .�. . ? - *` a - '43Ql�1.° 7r � =i W. '. 4 _f LS .L kh .,^ ,a;fi -i CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Mar 7,91 15:58 No.009 P.07 11 CITY OF CHANRASSEN DEVELOPMENT CONTRACT AND SITE PLAN APPROVAL (Developer Installed. Improvements) SPECIAL PROVISIONS , AGREEMENT dated , 1991, by and between the CITY 1 OF CHANHASSEN, a Minnesota municipal corporation, (the "City "), and VALVOLINE INSTANT OIL CHANGE, INC., a Delaware corporation, (the ' "Developer "). 1. Request for Subdivision and Site Plan Approval. The Developer has asked the City to approve a site plan and subdivision of land into three (3) lots (referred to in this Contract as the "subdivision "). The land is legally described on the attached Exhibit "An 2. Conditions of Approval. The City hereby approves the site plan and subdivision on condition that the Developer enter into this 1 Contract, abide by its terms, and furnish the security required by it. 3. Development Plans. The subdivision shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. 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: i Plan A --Site, Grading, Drainage, and Erosion Control Plan dated , 19 , prepared by II Plan B--Landscape Plan 1 r03/07/91 1 4 Improvements. The Developer shall install and pay for the following: A. Site Grading r B. Landscaping C. Underground Utilities (e.g. gas, electric, telephone, ' CATV ) D. Setting of Lot and Block Monuments • E. Surveying and Staking 1 5. Time of Performance. The Developer shall install all required improvements by November 30, 1991. The Developer may, however, 1 request an extension of time from the City. If an extension is ranted g , ' it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 1 6. Security. To guarantee compliance with the terms of this II contract, payment of the costs of all improvements and construction of all improvements, the Developer shall furnish the City with a letter of I credit from a bank or cash escrow ( "Security "). A. Landscape Guarantee ' (120% of estimated landscape value) $_ B. Other - In addition to the landscape guarantee, the amount of the security has been calculated as 110% of the estimated value of the following: ' On-site Storm Sewer $ Erosion Control $ Parking Lot /Site Grading TOTAL SECURITY $ 1 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, 1991. 11 -2- :, .. - =:= :r_._ gip' y . 1 - - I. '� zi::;F ` - : =:ri±: - � '£iSWii2'�', °s7 -2...1 ,�'. . ! " - 7 The City may draw down the security, without notice, for any violation II of the terms of this Contract. If the required 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 seourity is drawn down, II 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 II paid, but in no case shall the security be reduced to a point less than 10% of the original amount until all improvements are complete and accepted by the City. 1 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 trail at the .following address: 4 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. 1 A. Parcels A and B described on the attached Exhibit "A" shall be merged into the property titles of the adjoining parcels and such parcels shall be combined with such adjoining II parcels into single tax parcels concurrent with recording the subdivision. The applicant is responsible for providing the City Attorney with all documentation and agreements required to II complete the transaction. B. Five (5) foot drainage and utility easements shall be provided along the easterly lot line of parcel A and the westerly lot line of parcel B. C. Developer shall agree to petition for public ' improvements pursuant to Minnesota Statutes Chapter 429. 3 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Mar 7,91 16:00 No.009 P.10 II • D. Cash in lieu of park land dedication shall be required at the time of building permit issuance. ' E. The sale of the two lots behind the "Manus building" and of the parcel containing 79th Street to the HRA shall be ' concluded prior to subdivision approval. F. The Developer shall enter into an agreement with the Chanhassen HRA which will ensure the timely construction of improvements to West 79th Street. G. Appropriate language shall be recorded against parcels 1 A and 8 to prohibit storage of automobiles and other refuse, except upon appropriate City review and permit process. H. The Developer agrees to join in the plat for the adjoining area being prepared by the City and to dedicate on the plat necessary easements for public improvements. ' I. Trash receptacles and enclosures shall be relocated to meet zoning setback requirements. J. Exterior storage is prohibited. K. The Developer shall install a standard width concrete apron at the driveway entrance. 1 L. The Developer shall coordinate and provide detailed information on the storm sewer connection to the proposed storm ' sewer along 79th Street. Refinement of the site drainage scheme shall be performed, particularly near the driveway access to ensure that the flow is directed towards the private catch basin. Runoff calculations prepared by a professional engineer 1 and a contributing drainage area map are required. M. All roof top equipment shall be screened. Screening shall be provided by elevated parapets or by screens constructed with materials compatible with the building. Exterior wood slat fences are not acceptable. N. only one pylon sign not to exceed 64 square feet in I area and 20 feet in height is permitted. The following additional signs are permitted: four (4) directional signs not exceeding 4 square feet in area and 5 feet in height, one (1) wall sign not to exceed 15% of the wall area of the wall on which it is located. Any lettering or symbols on the backlit "barrel" shall be considered wall signage. 0. All deciduous trees shall have a minimum size of 2 1/2 inch caliper four feet from the ground and coniferous trees shall be a minimum of six feet in height when planted. 1' -4- LHMFbLLL, KNUIUN, SLUI1 FULHS, F'.H Mar 7,91 16:00 No.009 P.11 1 9. General Conditions. The general conditions of this Contract, approved by the City Council on February 22, 1988, are attached as Exhibit "B" and incorporated herein. 1 ( CITY OF CHANHASSEN BY: Donald J. Chidel, Mayor (SEAL) AND: Don Ashworth, City Manager �. DEVELOPER: VALVOLINE INSTANT OIL CHANGE, INC. ' BY: Its 1 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1991, by Donald J. Chmiel, Mayor, and by Don 11 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 ) ( es. COUNTY OF ) The foregoing instrument was acknowled ed before me 1 day of , 1991, by g this the of Valvoline Instant Oil Change, Inc., a Delaware corporation, on its behalf. NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 3460 Washington Drive, Suite 202 Eagan, Minnesota 55122 (612) 456 -9539 1 { -5- 1 II II CONSENT II , 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 I 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. II Dated this day of 1991. II II STATE OF MINNESOTA ) I COUNTY OF ( ss. ) I The foregoing instrument was acknowledged before me this , 1991, by II NOTARY PUBLIC II DRAFTED BY: I Campbell, Knutson, Scott & Fuchs, P.A. 3460 Washington Drive, Suite 202 Eagan, Minnesota 55122 I (612) 456 -9539 1 II 1 II II II 1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B. GENERAL CONDITIONS 1. Right to Proceed. Within the subdivision, the Developer may not grade or otherwise disturb the earth, remove trees, construct , sewer lines, water lines, streets, utilities, public or private improve- ments, 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 subdivision has been recorded with the II County Recorder's Office of the County where the subdivision is located, and 3) the City Engineer has issued a letter that the foregoing condi- tions have been satisfied and then the Developer may proceed. ' 2. Phased Development. If the subdivision is a multiphased subdivision, the City may refuse to approve subsequent subdivisions if ' the Developer has breached this Contract and the breach has not been remedied. Development of subsequent subdivisions 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 subdivision in the current urban service area, or official controls shall apply to or affect the use, development II density, lot size, lot layout or dedications of the approved subdivision ' 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 GC -1 1 1 City may require compliance with any amendments to the City's Compre- hensive Plan, official controls, subdivision or dedication requirements enacted after the date of this Contract. ' 4. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the subdivision to perform all work and inspections deemed appropriate by the City in conjunction with the subdivision. 5. Erosion Control. Before the site is rough graded, and ' before any utility construction is commenced or building permits are issued, the erosion control plan 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 1 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 1 and schedule or 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 1 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 subdivision is in full compliance with the erosion control requirements. Erosion control needs to be maintained until vegetative GC -2 1 cover has been restored, even if construction as 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 remove the erosion control measures. Before the City approves the ' subdivision, the Developer shall pay the City a fee of $1.00 per foot of erosion control that is required to be constructed in accordance with the erosion control plan for the subdivision, Plan B, to cover the City's cost for removal. 6. .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. 7. 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 II 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 II a written statement attesting to same with appropriate contractor waivers. Final acceptance of the public improvements shall be by City ' Council resolution. 8. Park and Trail Dedication. Prior to the issuance of building permits for residential construction within the subdivision, ' the Developer, its successors or assigns, shall pay to the City the park GC -3 ' 1 and trail dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions. 1 9. Landscaping. Landscaping shall be planted in accordance ' with the site plan approved by the City Council. 10. 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 trees shall be ' warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 11. Lot Plans. Prior to the issuance of building permits an 1 acceptable Grading, Drainage, Erosion Control, and Tree Removal Plan 1 shall be submitted for each lot as required in the Special Provisions, for 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 City Ordinance. 1 12. Existing Assessments. Any existing assessments against the ' subdivision will be respread against the subdivision in accordance with City standards. 13. Street Lighting. The Developer shall have installed and pay for street lights in accordance with City standards. A plan shall be 1 submitted for the City Engineer's approval prior to the installation. 1 Before the City approves the subdivision, the Developer shall pay the City a fee of $200.00 for each street light installed in the 1 GC -4 1 subdivision. The fee shall be used by the City for furnishing Y Y g electricity for each light for twenty (20) months. ' 14. Street Signs. All street name and traffic signs required by the City as a part of the public improvements shall be furnished and ' installed by the City at the sole expense of the Developer. 15. Responsibility for Costs. A. 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 subdivision 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 II or incur in consequence of such claims, including attorneys' fees. ' B. 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. C. 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 subdivision 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. D. In addition to the charges and special assessments 1 referred to herein, other charges and spacial assessments may be imposed such as, but not limited to, sewer availability charges ( "SAC "), City , GC -5 1 1 water connection charges, City sewer connection charges, and building permit fees. ' 16. Developer's Default. In the event of default by the 1 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 1 promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not 1 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. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 1 17. Miscellaneous. ' A. Construction Trailers. Placement of on -site 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 1 subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. 1 B. Postal Service. The Developer shall provide for the 1 maintenance of postal service in accordance with the local Postmaster's request. 1 C. Third Parties. Third parties shall have no recourse against the City under this Contract. 1 D. Breach of Contract. Breach of the terms of this 1 Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. 1 GC -6 1 1 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. Delays. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes ' all resulting liability and costs from delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, ' agents, or third parties. G. Occupancy. Unless approved in writing by the City , Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bi tuminous surface. , H. 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 1 this Contract shall not be a waiver or release. I. Release. This Contract shall run with the land and may I 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. 11 GC -7 ' J. 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 1 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 more. The City shall be named as an additional insured on the policy, 11 and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the subdivision. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the in surance. The certificate may not 1 contain any disclaimer for failure to give the required notice. K. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and 1 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. L. Assignability. The Developer may not assign this 1 Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect 1 GC -8 II even if the Developer sells one or more lots, the entire subdivision, or II any part of it. II M. Construction Hours. Construction equipment may only be operated in the subdivision between 7:00 a.m. and 6:00 p.m., Monday II through Saturday. Operation of construction equipment is also prohibited on the following holidays: New Year's Day, Memorial Day, July 4th, Labor II . Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day. I N. Access. All access to the subdivision prior to the City accepting the roadway improvements shall be the responsibility of I the Developer regardless if the City has issued building permits or occupancy permits for lots within the subdivision. .' O. Street Maintenance. The Developer shall be responsible , for all street maintenance until streets within the subdivision are accepted by the City. Warning signs shall be placed by the Developer 1 when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, II the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper I surface drainage. The Developer may request, in writing, that the City I plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. II The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of II City snow plowing service does not constitute final acceptance of the II streets by the City. P. Soil Treatment Systems. If soil treatment systems are 1 required, the Developer shall clearly identify in the field and protect II GC -9 II from alteration, unless suitable alternative sites are first provided, 1 the two soil treatment sites identified during the subdivision 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 1 violated site in order to obtain a building permit. Q. Variances. By approving the subdivision, the Developer 1 represents that all lots in the subdivision are buildable without the 1 need for variances from the City's ordinances. R. Compliance with Laws, Ordinances, and Regulations. In the development of the subdivision the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1 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 1 furnish the City with evidence satisfactory to the City that it has the ' authority of the fee owners and contract for deed purchasers to enter into this Development Contract. ' T. 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 improvements or any other purpose for which the Developer may make use ' of such property. The Developer further agrees that it will indemnify, 1 defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the 1 GC -10 • • 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 1 for soil correction work on the property. The City makes no represen- tation to the Developer concerning the nature of suitability of soils 1 nor the cost of correcting any unsuitable soil conditions which may exist. 1 1 1 1 1 1 1 1 1 1 1 1 GC -11