1h. Dev Contract for Chan Haven Plaza, 2nd Addition CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900 • FAX (612) 937-5739
MEMORANDUM Action by City A3miriistratt
1/ *
TO: Don Ashworth, City Manager ,"r?
R,u'e°
FROM: Gary Warren, City Engineer
Date Su5mit;e: C,^
DATE: April 18 , 1990
' SUBJ: Approve Development Contract for Date 0.04
Chan Haven Plaza 2nd Addition 14'2-3 ~ g U
File No. 90-6 Land Use Review
On April 4, 1990 , the Planning Commission approved the
' preliminary plat for the Chan Haven Plaza 2nd Addition and the
site plan for McDonald' s Corporation located on Lot 1, Block 1 of
this subdivision . The attached development contract has been
' prepared to incorporate the conditions of approval for the
McDonald' s site. A development contract will not be necessary
for Chanhassen Holding Co. since there are no site improvements
proposed at this time and the required easement dedications will
be made prior to the City signing the plat for recording.
The attached -development contract covering the McDonald' s
' Corporation site improvements on Lot 1, Block 1, Chan Haven Plaza
2nd Addition , is therefore recommended for approval and
execution .
' ktm
Attachment: Development Contract
' c: Gene Borg, McDonald' s
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IICITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements )
ILOT 1 , BLOCK 1, CHAN HAVEN PLAZA 2ND ADDITION
ISPECIAL PROVISIONS
IAGREEMENT dated April 23, 1990 , by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, (the "City" ) ,
and MCDONALD' S CORPORATION, a Delaware corporation, (the
I "Developer") .
1. Request for Plat Approval. The Developer has asked
I the City to approve a plat for CHAN HAVEN PLAZA 2ND ADDITION
( referred to in this Contract as the "plat") . The land is
legally described on the attached Exhibit "A" .
I2. 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.
I3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans, shall not be
I 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
Iwritten terms shall control. The plans are:
Plan A--Plat prepared by Schoell & Madson, Inc.
IPlan B--Site Plan and Grading, Drainage, and Erosion
Control Plan prepared by McDonald' s Corporation
Idated December 12, 1989 , revised April 10 , 1990.
Plan C--Plans and Specifications for Improvements
-- Not Applicable --
' 4. Improvements. The Developer shall install and pay
for the following improvements in accordance with the approved
Isite plan referenced herein as Plan B:
A. Landscaping
I B. Retaining Wall Relocation (Dakota Avenue)
C. On-site Storm Water Drainage System
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5. Time of Performance. With the exception of the
landscaping which shall be completed by July 1, 1991, the
Developer shall install all required improvements by November 30 ,
1990. 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 the costs of all improvements and
construction of all improvements, the Developer shall furnish the I
City with a letter of credit from a bank or cash escrow ( "Security") .
A. Landscape Guarantee (per Zoning Ordinance) $
(150% of estimated landscape value )
B. Other - In addition to the landscape
guarantee, the amount of the security is
calculated as 110% of the following:
On-site Storm Sewer $ 2,530.00
Erosion Control $ 550 .00
Retaining Wall Relocation (Dakota Avenue) $ 4 ,125 .00
TOTAL SECURITY AMOUNT $ '
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 September 30 , 1991. 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 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 10% of the original amount until
all improvements 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:
McDonald' s Corporation
Attn: Real Estate Legal Department
One McDonald Plaza
Oak Brook, Illinois 60521
Copy to:
Chanhassen McDonald's
Attn: Mr. Gene Borg
90 Lake Drive East
Chanhassen, Minnesota 55317
SP-2 '
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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. The Developer shall dedicate on the final plat
the additional right-of-way required for future expansion of
Dakota Avenue as shown on Exhibit "C" attached hereto.
' B. The Developer shall dedicate on the final plat
the additional right-of-way required for future expansion of Lake
Drive East as shown on Exhibit "D" attached hereto.
C. The Developer shall dedicate on the final plat
a drainage and utility easement along the east 10 feet of
proposed Lot 2, Block 1 , Chan Haven Plaza 2nd Addition.
D. The Developer shall provide a conservation
easement over the wetlands in Lots 1 and 2 , Block 1, Chan Haven
Plaza 2nd Addition .
E. The Developer shall revise the plans to
' increase the size of the storm sewer to 12 inches . The Developer
shall also provide an erosion control plan for the site. Project
approval by the Riley-Purgatory-Bluff Creek Watershed District is
required.
F. The Developer , at his expense, shall be
responsible for relocating the retaining wall along Dakota Avenue
' one foot outside of the right-of-way prior to the commencement of
construction of the Dakota Avenue improvements (S.P. 1002-51 ) .
The Developer will adjust the existing and proposed landscaping
' improvements as necessary in this area due to the relocation and
present a plan for staff approval.
G. No additional signage is authorized by this
site plan approval .
H. Approval and filing of the plat is required
' prior to the issuance of building permits.
9. General Conditions. The general conditions of this
Contract are attached as Exhibit "B" and incorporated herein .
SP-3
If
CITY OF CHANHASSEN I
BY: IDonald J. Chmiel , Mayor
(SEAL)
BY:
I
Don Ashworth, City Manager
DEVELOPER: I
MCDONALD' S CORPORATION
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BY : iIts
STATE OF MINNESOTA )
I
ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 1
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
I
pursuant to the authority granted by its City Council.
I
Notary Public
STATE OF MINNESOTA )
I
ss .
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by ,
the of McDonald' s Corporation, a Delaware
I
corporation.
Notary Public I
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SP-4
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LOT 1 , BLOCK 1, CHAN HAVEN PLAZA 2ND ADDITION
(MCDONALD' S CORPORATION)
' 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 agree-
ment 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, 4 ) the City
receives a 200 scale and a 500 scale reproducible mylar copy of
the plat, and 5 ) the City Engineer has issued a written 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.
5. 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.
GC-1
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6. 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
Developer may remove the erosion control measures .
7 . Clean Up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt
and debris , including all blowables, from streets and the
surrounding area that has resulted from construction work by the
Developer , its agents or assigns.
8. Claims. In the event that the City receives claims '
from labor , 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 pro-
ceedings as it pertains to the letters of credit deposited with
the District Court, except that the Court shall retain jurisdic-
tion to determine attorneys ' fees.
9. Park and Trail Dedication. Prior to the issuance '
of building permits for residential construction within the plat,
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 .
GC-2 I
10. Warranty. The Developer warrants all work required
J 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.
11. Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordance
with City standards .
12. 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 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.
B. The Developer shall reimburse the City for
costs incurred in the enforcement of this Contract , including
engineering and attorney ' s fees.
C. The Developer shall pay in full all bills sub-
mitted 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.
D. 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 .
13. 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. When the City does any such work ,
the City may, in addition to its other remedies, assess the cost
in whole or in part.
GC-3