1n. Dev Contract fo Zimmerman Farm CITYOF / /y‘i
A.
iw
ry
V CHANHASSEN
Ar 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
er (612) 937-1900 • FAX (612) 937-5739
Wm by City Admlrti5tt
indorse
' MEMORANDUM Nod itie
TO: Gary Warren, City Engineer
Date Submvtt to C,'1"11tsierd
FROM: Dave Hempel, Sr. Engineering Technician
n _r..,
' a Date 7■ 1r
i!
DATE: June 7, 1990 6.-11-9
SUBJ: Approve Development Contract for Zimmerman Farm
Project No. 90-12 (pvt)
On June 4, 1990, the City Council approved the final plat for
Zimmerman Farm. The attached development contract has been
' prepared to incorporate the conditions of approval of the final
plat.
' Therefore, it is recommended that the City Council approve the
attached development contract for Zimmerman Farm and authorize
its execution.
' ktm
Attachment: Development Contract
c: Peter & Deanna Brandt
Kurt Laughinghouse
Jerry Steiner
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SPECIAL PROVISIONS
AGREEMENT dated June 11 , 1990 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
"City" ) , and PETER T. and DEANNA L. BRANDT, husband and wife (the
' "Developer") .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for ZIMMERMAN FARM (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--Plat prepared by James R. Hill, Inc. , approved
' by the City Council on June 4, 1990.
Plan B--Final Grading, Erosion Control and Roadway Plan
dated May 5 , 1990 , prepared by James R. Hill , Inc.
4. Improvements. The Developer shall install and pay
for the following:
A. Setting of Lot and Block Monuments
B. Surveying and Staking
C. Temporary Turnaround (Alternate #2 )
5. Time of Performance. 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.
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6. Security. To guarantee compliance with the terms
of this Contract, payment of special assessments, payment of the
costs of all improvements and construction of all improvements,
the Developer shall furnish the City with a letter of credit from
a bank, cash escrow, or equivalent ( "Security" ) for $ 5 ,252. 00
The amount of the security was calculated as 110% of the
following:
Erosion Control $ 540 .00 '
Engineering, surveying,
and inspection $ 434. 00
Temporary Turnaround $ 3,800 .00 1
TOTAL COST OF PUBLIC IMPROVEMENTS $ 4,774.00
This breakdown is for historical reference; it is not a restric- '
tion 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 , 1990. 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 obliga-
tions
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:
Peter T. and Deanna L. Brandt
5200 Beacon Hill Road
Minnetonka, MN 55345
Telephone: (612 ) 931-0721
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 '
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8. Other Special Conditions.
IIA. The City Comprehensive Plan, Transportation
Element, shall include the road alignment illustrated by Exhibit
I 2 dated April 4, 1990 . The purpose of this inclusion is to aid
in protecting the right-of-way and eventually constructing the
street at such time that further subdivision occurs .
IB. Erosion control shall be Type II.
C. The applicant shall receive and comply with any
I necessary permits from the Watershed District and Department of
Natural Resources.
D. The two approved septic sites on Lots 1 and 2,
Block 1, Zimmerman Farm shall be staked and preserved.
E. Any access , including a dock or boardwalk, to
I Lake Minnewashta from Lot 2, Block 1 would require a wetland
permit as would any dredging or removal of vegetation in the area
of the shoreline.
IF. The turnaround shall be built in accordance
with Alternative No. 2 shown on Plan B to the City ' s rural road
I design ( 7 ton) . The grade for the turnaround should be reduced
to 3%. The turnaround section shall be maintained at all times
to the 7 ton standard with a minimum of 17 inches of crushed
rock.
IG. The applicant shall extend the description of
the trail easement westerly 25 feet to be continuous with the
Iextension of Crimson Bay Road.
H. The applicant shall dedicate to the City Y a
temporary roadway easement for the proposed turnaround.
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CITY OF CHANHASSEN I
BY:
Donald J. Chmiel , Mayor
(SEAL)
BY:
Don Ashworth, City Manager
DEVELOPER: I
BY: I
Peter T. Brandt
BY:
Deanna L. Brandt
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STATE OF MINNESOTA )
ss .
COUNTY OF CARVER ) I
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 ) I
The foregoing instrument was acknowledged before me this
day of , 19 , by Peter t. and Deanna L.
Brandt, husband and wife.
Notary Public
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IICONSENT
, fee
I 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
I the provisions as the same may apply to that portion of the sub-
ject property owned by them.
Dated this day of , 19
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STATE OF MINNESOTA )
) ss .
I
COUNTY OF )
The foregoing instrument was acknowledged before me this
Iday of , 19 , by .
II Notary Public
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B" i
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, and 4) the City
Engineer has issued a written letter that the foregoing con-
ditions 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
Approved by the '
City Council on
2/22/88.
REVISED 8/8/88 - 19Q, R and S Added.
REVISED 9/20/88 - 191 Revised.
REVISED 3/22/89 - 12 and 17 Revised.
REVISED 4/20/89 - 19T and U Added.
REVISED 6/12/89 - 6 Revised.
REVISED 8/8/89 - 15 Revised.
REVISED 4/3/90 - 11 and 19I Revised.
REVISED 5/10/90 - 19T Revised.
GC-1
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accordance with City standards , ordinances, and plans and
II 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
I 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
I part-time basis . The Developer shall instruct its engineer to
respond to questions from the City Inspector(s) and to make
periodic site visits to satisfy that the construction is being
I 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
I at the City Council chambers with all parties concerned,
including the City staff, to review the program tor the
construction work. Within sixty ( 60 ) days after the completion
of the improvements and before the security is released, the
I 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
I of utility tie sheets, ( 4) location of buried fabric used for
soil stabilization, ( 5) location stationing of all utility stubs ,
( 6) bench mark network, and ( 7) a 200 scale and a 500 scale
reproducible mylar copy of the plat.
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5. License. The Developer hereby grants the City, its
agents , employees , officers and contractors a license to enter
I the plat to perform all work and inspections deemed appropriate
by the City in conjunction with plat development.
I 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
I 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
I 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.
I 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
I 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
I 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
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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.
IAfter the site has been stabilized to where, in the opinion of
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the City, there is no longer a need for erosion control, the
Developer will remove the erosion control measures. I
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. Acceptance and Ownership of Improvements. 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 improvements shall be by City Council
resolution.
9. 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 ..ontract 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 .
10 . 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.
11. Landscaping. Unless the lot already has one tree
in the front yard of suitable species , the Developer or lot
purchaser shall plant a tree in the front yard of every lot in
the plat. Suitable trees include:
Maples Honeylocust Ash Ginko (male only) '
Linden Hackberry Basswood Kentucky Coffee Tree
Green Ash Oak Birch
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Other species of trees may be approved by the building inspector.
11 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 ( 2i) inches caliper, either bare root in season, or
1 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 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 in the form of cash or letter of credit shall
be provided to the City. Improvements are to be completed during
' the first growing season after issuance of the Certificate of
Occupancy. After satisfactory inspection , the financial
guarantee shall be returned. The City has established the
' financial guarantee at $1,000; however, this may be increased
annually based upon cost. These requirements supplement but do
not replace specific landscaping conditions that may have been
required by the City Council for project approval.
12. Warranty. The Developer warrants all work required
to be performed by it against poor material and faulty work-
manship 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.
13. Lot Plans. Prior to the issuance of building per-
mits an acceptable Grading, Drainage, Erosion Control, and Tree
Removal Plan 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.
14. Existing Assessments. Any existing assessments
' against the plat will be respread against the plat in accordance
with City standards.
' 15. SECTION DELETED.
16. 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.
GC-4
17. Responsibility for Costs.
A. The Developer shall pay an administrative fee I
in conjunction with the installation of the plat improvements.
This 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 , pro-
cessing 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
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 ;
iii ) if the cost of the construction of public improvements
is over $1 ,000 ,000 , two and one-half percent ( 2i%) of
construction costs for the first $1 ,000 ,000 and one and
one-half percent (1i%) of construction costs over $1 ,000 ,000 .
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 impro-
vements 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 17E of this agreement.
C. The Developer shall hold the City and its offi- '
cers 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 attorney' s
fees.
E. The Developer shall pay in full all bills sub- '
mitted to it by the ity 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 '
GC-5
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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.
' 18. 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.
' 19. 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 subject property within thirty (30 ) days
' following the acceptance of the public improvements unless other-
wise 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. Beach 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, subsec-
tion, 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 im-
provements caused by the City, Developer, its contractors , sub-
contractors, materialmen, employees, agents, or third parties.
GC-6
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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 constructed and approved
by the City.
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 this Contract shall not be
a waiver or release.
I. Release. This Contract shall run with the land
and shall 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 written request for a
certificate applicable to an individual lot allowing a minimum of
ten (10 ) days for processing.
J. Insurance. Developer shall take out and main-
tain until six (6) months after the City has accepted the
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 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.
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 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 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 11 entire plat, or any part of it.
GC-7
11 M. Construction Hours. Construction equipment may
only be operated in the plat between 7:00 a.m. and 6: 00 p.m. ,
Monday through Saturday. Operation of construction equipment is
also prohibited on the following holidays: New Year ' s Day,
' Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas
Eve Day, and Christmas Day.
N. Access. All access to the plat prior to the
City accepting the roadway improvements shall be the respon-
sibility of the Developer regardless if the City has issued
building permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be
responsible for all street maintenance within the subdivision.
' 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 shall be
barricaded and closed. The Developer shall maintain a smooth
roadway surface and provide proper surface drainage. The City
shall not be responsible for reshaping or damage to the street
base or utilities because of public use.
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 to enter into this Development Contract.
GC-8
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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, 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.
- - - END OF GENERAL CONDITIONS - - -
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I3221 Dartmouth Drive \
Excelsior, MN 55331
June 8, 1990 ‘!:
Q
City of Chanhassen
690 Coulter Drive (
IChanhassen, MN 55317
Attention: Lori Seitsema, Park and Recreation
IDear Ms. Seitsema:
This letter is written in support of having the City of
I Chanhassen remove the Canadian geese from Lake Minnewashta and
other lakes which have an overpopulation of geese.
II am continually chasing flocks of geese in numbers from 30 to
60 from my lakefront property. It has become even more of a
problem (and dangerous because of the adults' protection of the ,\
I young) since the breeding season is once again upon us. These \\
messey, noisy creatures create not only an unpleasant atmosphere
for lake owners and users, but are unsanitary and are polluting
our lakes and properties.
IIMay I also suggest, that these geese be removed and processed as
food for the homeless and hungry. We have two problems which
Iwould be alleviated immediately.
Please present my concerns and my request for removal to the
I Council for immediate action before the geese take over the
entire lake communities. CI
Sincerely,1 �I
04r7 -,- =e" -tb --....- %
• :ymond F. • •ettger
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' Jim & Fran Borchart June 8, 1990
7331 Minnewashta Parkway
Chanhassen
Excelsior, Minn . 55331
Chanhassen Park and Recreation ,
Due to the large reproducing amount of geese on Lake
Minnewashta every year, we feel it very necessary to
remove as many geese as possible again this year. In
' order to control their Population, there is no other
w y . If we were to leave these geese without removal ,
we could have up to 500 geese by seasons end . This
'
is not healthy for anyone. You would not be able to
wait- in uour yards or swim in your lake , due to the
amount of their waste droppings. They also have a
' problem with their tempers , if you try to shoo them
away they often turn on you to attack. Please do not
let the people of Minnewashta down this year on the
goose removal , due to one persons love of a dream that
geese are tolerable in huge amounts.
1 9-?4;v1 XM-41A-21-
Fran & Jim Borchart
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JUN 1990
t;ITY OF CHANHASSEN
1
June 11 , 1990
Chanhassen City Hall - Council
690 Coulter Drive
Chanhassen, MN 55317
Attention: Lori Sietsema/Todd Hoffman
Subject: Goose Removal Program
We strongly support the Goose Removal Program on Lake Minnewashta. There have
' been as many as 120 geese at a time in our back yard and they come several
times a day. The mess and stench prohibits our family and six grandchildren
from even walking near the lake. This is a very unhealthy and unsightly
situation and very disgusting when you can't even enjoy your own back yard.
We have lived on Lake Minnewashta for over 25 years. There have been a lot of
changes during that time. There will never be a shortage of geese on the lake
since their introduction several years ago. Without the Goose Removal Program
their numbers would be intollerable.
' As for the suggestions by Peggy Greer in the newspaper to discourage the geese
from coming in yards, none of these work. The only thing that does work is to
chase them away. It would be very nice if someone would watch our back yard
all day and keep them out. That, of course, is not possible and so we have
' to keep cleaning up the mess (which fills several bags every week).
The wildlife in the area is a constant joy to us. However, when the numbers
' of geese become excessive it is not a joy when it threatens the health and
safety of the family. People have rights, too.
Sincerely,
I Q�saoxJ
Marilyn J. Hanson
3241 Dartmouth Drive
Excelsior, MN 55331
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CITYOF 1
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! 690 COULTER DRIVE • P.O.BOX 147• CHANHASSEN, MINNESOTA 55317
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�: (612)937-1900• FAX(612)937-5739
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June 7, 1990
I
Dear Lake Resident: 1
This is to inform you that the City has received a letter from a 1
Chanhassen resident who has asked that the Goose Removal Program be
eliminated. The City Council will be discussing this item on
Monday, June 11, 1990, at 7:30 p.m. If you have comments, concerns 1
or questions regarding Goose Removal Program, you are invited to
attend this meeting.
Sincerely, 1
aTexoia:, r • ..rrt.e..t4i.c....pyt.A.,
ri Sietsema . "(A (� 4 1
Park and Recreation Coordinator /
s� o Ly
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JUN 111990
CITY OF CHANHASSEN 1
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CITY OF CHANHASSEN ...
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3231 Dartmouth Drive
Excelsior, MN 55331
8 June 1990
' City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Attention: Lori Seitsema, Park and Recreation Department
Dear Ms . Seitsema:
' As a resident of Chanhassen and lakeshore owner on Lake
Minnewashta, I would like to request that the City of Chanhassen
remove the geese from the lakes again this year. The population
of Canadian geese continues to grow at an exceeding rate. One
day there were 30 gooslings and two adult geese on my lawn. If
30 is an average offspring count and they reproduce a couple of
' times per year, we are in for severe problems.
These geese (at one time a flock of 63 was on my lawn - early
spring and all adults) leave feces all over the lawn, beach and
lake. It is extremely unsanitary not to mention the pollution
it causes in the lakes . I have strung a line completely around
the lake front of my property, however, this does not appear to
' deter them. The young ones go under the line and the adults
either step on or over the line. Several times it has actually
been torn down. When I try to chase the geese, they will turn
' on me in an attack mode. It is extremely unsettling!
In addition to the mess created by this creatures, they are very
' noisy at night with what I call a "bark" . If my neighbors' dogs
were this bad, a citation would be issued for disturbing the
peace.
Please submit my request to the City Council for approval to
remove the geese.
' Sincerely,
72174Mary
11/ 2/•ore