1c. Dev Contract for Chan Lakes Buss Park •
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
u4, (612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Gary Warren, City Engineer
FROM: Dave Hempel, Sr. Engineering Technician
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DATE: May 9, 1990
' SUBJ: Approve Development Contract for Chanhassen Lakes
Business Park 6th Addition
File No. 90-7 Land Use Review
On April 9, 1990, the City Council approved the preliminary and
' final plat for Chanhassen Lakes Business Park 6th Addition and
the site plan for the Roberts Automatic Products building located
on Lot 1, Block 1 of the proposed subdivision. The attached
' development contract has been prepared to incorporate the
conditions of approval of the Roberts Automatic Products site. A
development contract will not be necessary for the remaining lots
at this time since there are no site improvements proposed and
' the required easement dedications will be made prior to the City
signing the final plat.
' Therefore, it is recommended that the City Council approve the
attached development contract for Chanhassen Lakes Business Park
6th Addition.
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Attachment: Development Contract '
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements)
LOT 1, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 6TH ADDITION
SPECIAL PROVISIONS
' AGREEMENT dated May 14, 1990 by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, (the "City" ) , and
ALSCOR JOINT VENTURE NO. 2, a Minnesota general partnerhsip (the
"Developer" ) .
1. Request for Plat Approval. The Developer has asked
' the City to approve a plat for CHANHASSEN LAKES BUSINESS PARK 6TH
ADDITION (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 Sunde Land Surveying, Inc.
Plan B--Site Plan and Grading, Drainage, Landscape and
Erosion Control Plan prepared by Alscor Investors
Joint Venture No. 2 dated February 19 , 1990 .
Plan C--Plans and Specifications for Improvements
I -- Not Applicable --
4. Improvements. The Developer shall install and pay
for the following improvements in accordance with the approved
site plan referenced herein as Plan B:
A. Landscaping
' B. On-site Storm Water Drainage System
' C. Driveway Aprons
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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
Ifrom 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 I
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) $
(120% of estimated landscape value)
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B. Other - In addition to the landscape
guarantee, the amount of the security is I
calculated as 110% of the following:
On-site Storm Sewer $ 5 ,200 .00
IErosion Control $ 5 ,300 .00
Driveway Aprons $ 7,000 .00
TOTAL SECURITY AMOUNT $
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This breakdown is for historical reference; it is not a
restriction on the use of the security. The security shall be II 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
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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
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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 I
all improvements are complete and accepted by the City.
7. Notices. Required notices to the Developer shall
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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:
Opus Corporation I
Attn: Mr. Robert Worthington
9900 Bren Road East I
P.O. Box 15
Minnetonka, MN 55343
Copy to:
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Lutheran Church of the Living Christ
800 Lake Drive II Chanhassen, MN 55317
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I 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
Iaddress:
Chanhassen City Hall
690 Coulter Drive
I P .O. Box 147
Chanhassen , Minnesota 55317
Telephone: (612 ) 937-1900
I8. Other Special Conditions.
A. Revise the landscape plans as recommended in
I the report to improve screening of the truck loading area.
Provide staff with a detailed cost estimate of landscaping to be
used in calculating the required financial guarantees . These
Iguarantees must be posted prior to building permit issuance.
B. The Developer shall obtain and comply with all
Iconditions of the Watershed District permit.
C. The westerly driveway access shall be widened
36 feet and the apron area shall be concrete instead of
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bituminous. Revise internal circulation as required to
facilitate access by City fire equipment, for approval by the
City Fire Marshal.
IID. The Developer shall add additional catch basins
to intercept storm runoff before draining out onto Lake Drive and
at the entrance to the truck loading dock area. The storm sewer
Isystem shall be redesigned for a 10-year storm frequency and
revised drainage calculations provided to the City. B-612
concrete ccurb and gutter shall be constructed around all parking
Ilots and driveways.
E. Type III erosion control shall be used along
I Lake Drive and added to the northeast and east corner of the
front parking lot. Straw bales and silt fence shall be deployed
to protect CB-2 from silt and sediment. Wood-fiber blankets
shall be installed along the disturbed side slopes in the
I northeast corner of the site. After sodding, the erosion control
shall be relocated to the sod/seed line. The southwest corner of
the site should be sodded to the north edge of the parking lot.
IF. Revise the plat to designate Lot 3 as an outlot
and provide an access easement over the church driveway. An
I additional 25-foot wide drainage and utility easement over the
west side of Lot 1, Block 1 is required. The Roberts Automatic
site shall pay the required park dedication fee at the time
building permits are requested.
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G. The Developer shall enter into an agreement
with the City to allow construction of the parking lot and
landscaping within the City' s 25-foot drainage and utility
easement on the west side of the property and releasing the City
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from any restoration obligation for the parking lot and
landscaping in the event sewer repairs are necessary.
H. Appropriate gas and power company permits shall
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be obtained prior to grading within the utility easements along
the north and east corner of the site.
I. No utility cuts shall be allowed to Lake Drive
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without the approval of the City Engineer.
J. The dripline around the 30-inch oak tree shall
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be staked off prior to any construction or grading on the site.
K. Revise and improve the exterior buiding I
elevations to the satisfaction of City staff .
9. General Conditions. The general conditions of this
IContract are attached as Exhibit "B" and incorporated herein .
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CITY OF CHANHASSEN
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BY:
Donald J. Chmiel, Mayor
(SEAL)
1 BY:
Don Ashworth, City Manager
' DEVELOPER:
ALSCOR INVESTORS JOINT VENTURE NO. 2
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BY:
Its
STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
1 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
1 Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council .
Notary Public
1 STATE OF MINNESOTA )
ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by
1 the of Alscor Investors Joint Venture No.
2 , a Minnesota general partnership.
Notary Public
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CITY OF CHANHASSEN I
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LOT 1, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 6TH ADDITION
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 II 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.
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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.
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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.
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. I
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14. 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. 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 bituminous
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G. Waivers/Amendments. The action or inaction of
the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or
waivers shall be in writing, signed by the parties and approved
by written resolution of the City Council. The City' s failure to
' promptly take legal action to enforce this Contract shall not be
a waiver or release.
' H. Release. This Contract shall run with the land
and 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.
I. 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
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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.
J. 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
entire plat, or any part of it. U
K. 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. t
L. 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.
M. 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. I
N. 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.
O. 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.
P. 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.
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