1f. Market Square, Dev Contract, Plans & Specs, PUD CITY OF
CHANHASSEN
1 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739 by Cy A6n�nisl�eto►
' Endorsee
tit)Fr
Mod'rfi•i
Reject --
MEMORANDUM De,e 2
TO: Gary Warren, City Engineer Des Correa ien
FROM: Dave Hempel, Sr. Engineering Technician Uete s� mr !a C�axxii
1 •
DATE: August 8, 1990
' SUBJ: Approve Development Contract for Market Square Addition
Land Use File No. 89-16
The final plat for Market Square was approved by the City Council
on July 23, 1990. The attached Development Contract reflects the
' conditions and stipulations of approval contained in the final
plat and site plan review process. Therefore, it is recommended
that the City Council approve the attached Development Contract
for Market Square Development with the following condition:
1 1 . The developer shall submit to the City Engineer for app roval
construction plans and specifications for the installation of
1 the public improvements within Market Square development,
i .e. sanitary sewer, watermain, bituminous trail and sidewalk.
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Attachments: 1. Development Contract
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IICITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
I FOR
MARKET SQUARE
ISPECIAL PROVISIONS
AGREEMENT dated August 13 , 1990, by and between
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the CITY OF CHANHASSEN, a Minnesota municipal corporation,
( "City" ) , and MARKET SQUARE ASSOCIATES LIMITED PARTNERSHIP, a
Minnesota Corporation , ( the "Developer" ) .
II1. Request for Plat Approval. The Developer has asked
the City to approve a plat for MARKET SQUARE (referred to in this
I Contract as the "plat" ) . The land is legally described on the
attached Exhibit "A" .
2 . Planned Unit Development. The development of the
I plat is subject to a Planned Unit Development Agreement dated
August 13 , 1990, on file with the City Clerk.
I 3. 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.
I4. 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
I 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
IIwritten terms shall control. The plans are:
Plan A--Plat prepared by Peters, Price & Samson Land
Surveyors, Ltd. , Savage, Minnesota, approved by
I * the City Council on July 23 , 1990 .
Plan B--Grading, Drainage, and Erosion Control Plan dated
I May 29 , 1990, prepared by
Amcon, Burnsville, Minnesota.
I Plan C--Plans and Specifications for Improvements dated
, 19 , prepared by
Amcon, Burnsville, Minnesota.
I Plan D--Site Plan dated May 5 , 1990,
prepared by Amcon, Burnsville, Minnesota.
I Plan E--Landscape Plan dated October 13 ,
1989, prepared by Amcon, Burnsville, Minnesota.
I Plan F--Elevations Plan dated October 13 ,
1989, prepared by Amcon, Burnsville, Minnesota.
Plan G--Architectural Plan dated October 13 ,
I1989, prepared by Amcon, ,Burnsville, Minnesota.
Plan H--Site Lighting Plan dated October 13 , I
1989, revised August , 1990 prepared by
Amcon, Burnsville, Minnesota .
Plan I--Parking Plan dated October 13
1989, prepared by Amcon, Burnsville, MN
5. Required Plan Revisions. The plans referred to in '
paragraph 4 of this Agreement shall be modified in accordance
with the Special Conditions of this contract.
6. Improvements. The Developer shall install and pay
for the following:
A. Sanitary Sewer System ,
B. Water System
C. Storm Water Drainage System
D. Parking Lot
E. Street Signs
F. Site Grading
G. Underground Utilities (gas , electric, phone, CATV)
H. Setting of Lot and Block Monuments
I . Surveying and Staking
J . Site Lighting
K. Bus Shelter Relocation
L. Bituminous Trails and Concrete Sidewalk
M. Landscaping
The City shall install and assess the costs back to
the Developer for the following:
A. Street Lighting '
B. Auxilary Turn Lanes on West 78th Street
C. Auxilary Turn Lane on Market Boulevard
D. Extension of the 72" Storm Sewer
7. Time of Performance. The Developer shall install
all required improvements by November 30 , 1991. 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.
8. Security. To guarantee compliance with the terms
of this Contract, payment of special assessments, payment of the
costs of all public improvements and construction of all public
improvements, the Developer shall furnish the City with a letter
of credit from a bank, cash escrow, or equivalent ( "Security" )
for $395 ,529 . 20. The amount of the security was calculated as
110% of the following:
Sanitary sewer $ 9 ,450. 00 '
Watermain $ 62,825. 00
Storm sewer $140 ,000.00
Auxilary Turn Lane on '
West 78th Street $ 27,400.00
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II Auxilary Turn Lane on $ 8 ,681. 00
Market Boulevard
Street lights and signs $ 11,500. 00
Erosion Control $ 2 ,000. 00
' Engineering, surveying,
and inspection $ 18,832 . 00
Bituminous Trails and
' Concrete Sidewalk and
Stripping $ 10,884. 00
Bus Shelter Relocation $ 8 ,000.00
' Landscaping $ 60, 000. 00
TOTAL COST OF PUBLIC IMPROVEMENTS $359,572.00
' 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 an initial
term ending December 31, 1991 and shall remain in force until all
improvements are completed and special assessments paid. 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 ten percent
( 10%) of the original amount until all improvements are complete
and accepted by the City. In no case shall the security be
reduced beyond the value of the outstanding assessments on this
project.
9. 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 :
' Amcon Corporation
200 W. Highway 13
Burnsville, Minnesota 55337
' 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
10. Other Special Conditions. The special conditions
are set forth as follows:
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A. Enter into a PUD agreement with the City that will con-
tain all of the conditions of approval and which will be recorded
against all lots platted in the subdivision. The PUD agreement
should provide for a landscape bond as outlined in the staff
report.
B. Obtain final plat approval and record the plat for the
site prior to requesting building permits. ,
C. Enter into a development contract with the City that
requires financial sureties with construction plans to be
approved by the City Engineer and City Council for all public
improvements.
D. Revise architectural plans as needed to: ,
- confirm that the Vet Clinic will have windows on the
north and west elevations; '
- trash enclosures are to be constructed from rock faced
block compatible with the main building;
- relocate the trash enclosure serving the dry cleaner to
the west side of the building or incorporate it into
the structure; I
- outdoor storage areas are to be enclosed by a rock
faced block wall; I
- the trash compactor is to be provided with a rock faced
block screen wall and relocated to the north to provide 11 a 24 ' wide drive aisle; and
- the addition of any drive-up windows will require site
plan approval wherein it will be the applicant' s re-
sponsibility to demonstrate that internal circulation
patterns and parking provisions will not be impacted.
E. Outlot A is required to have buildings designed to ,
utilize architecture compatible with the shopping center. No
additional street access will be provided to serve Outlot A.
Only one additional monument sign is to be allowed when the
outlot is developed. The sign must be identical to monument
signage allowed elsewhere on the PUD. Until development occurs,
the owner will establish ground cover over the site and keep it
in a maintained condition. Parking requirements for the outlot
should be satisfied on it.
F. Modify and/or regulate access parking as follows: '
- provide a triangular traffic island in the West 78th
Street curb cut; '
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- a six foot wide concrete sidewalk shall be constructed
by the developer along the west side of Market
Boulevard from West 78th Street to the most southerly
site access across from Bowling Alley Road.
- pedestrian crosswalks shall be installed on Market
Boulevard at West 78th Street and at Bowling Alley Rd.
' The crosswalks shall be painted and signed in
accordance with the requirements of Minnesota Manual
on Traffic Controls.
' - eliminate the nine ( 9 ) northern stalls located on the
east side of the supermarket expansion and modify the
' Vet Clinic parking area to provide a turning space at
the end of the aisle;
- all leases for the main building should require that
' employee parking by located at the rear of the center;
- any restaurants proposed in the center are subject to a
' site plan review procedure. It will be the applicant' s
responsibility to demonstrate parking adequacy if it is
to be approved. The restaurant spaces illustrated in
the two northern tenant spaces in the main building are
exempt from this requirement; and
- all parking lot curbing shall be B-612 concrete.
' G. The landscaping plan should be modified as follows:
' - increase the size of conifers along the south property
line from 6 ' to 10-12 ' ;
' - remove the snow storage area along Market Boulevard and
landscape the space; and
- cooperate with City staff in providing a relocation
plan for the existing landscaping along Market
Boulevard and West 78th Street.
' H. Provide final grading and drainage plans for approval.
The plans should incorporate the following:
- storm sewers shall be sized for a ten (10) year storm.
' Revised drainage calculations shall be submitted to the
City Engineer for approval;
' - grading over the City' s 72" storm sewer improvements;
- common borrow for use in backfilling the 72" storm
' sewer will be "on-site" material to be supplied by the
developer at no cost to the City at a site location to
be agreed upon. The site location shall be proximate
to the storm sewer installation so that trucking or
' hauling of the material will not be required by the
public contract;
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- final backfilling over the pipe, grading and shaping I
around the storm structure, grading and shaping over
the pipe and within the railroad ditch shall be the
responsibility of the developer. Final shaping of the
railroad ditches shall provide for positive drainage
and shall be approved by the City Engineer;
- work within the railroad right-of-way will require a '
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Railroad Permit. The developer shall be responsible
for applying for and obtaining any and all
permits/agreements from the appropriate railroad
authority. All costs associated with the railroad
approval shall be the responsibility of the developer.
Any delays in the project schedule resulting from
delays in permit issuance shall not be the
responsibility of the City;
- the City of Chanhassen will proceed with the '
improvements upon receipt of all necessary approvals,
payment of all security amounts by the developer and
final approval and execution of the development
contract by the City and the developer;
- the developer shall provide at no cost to the City all
necessary construction easements or right of entry
permits to allow construction of the city contract to
be completed;
- the City will reasonably allow building permits to be
issued with the understanding that the 72" storm sewer,
together with the other public roadway and utility
improvements , will be installed simultaneously with the
construction of the buildings providing no construction
conflicts occur or interruptions to the City' s utility
service.
- the existing catch basin adjacent to Manhole #21 in
Market Boulevard should be relocated into the new curb
radius;
- project approval by the Watershed District is required
prior to building permit issuance; and
- an erosion control plan acceptable to the City should
be submitted prior to requesting building permits.
I . Provide final roadway and utility plans for approval.
The existing 10" PVC sanitary sewer shall be placed in an
oversized ductile iron casing acceptable to the City. Existing
watermains to be abandoned shall be removed but not until a new
watermain loop is in service and approved by the City Engineer.
The applicant will submit detailed construction plans and speci-
fications for approval by the City Engineer and provide as-built
Mylar plans upon completion of construction.
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II J. Provide written and graphic sign convenants consistent
with the description in the October 23, 1989, staff report. The
convenants will be filed with the Planned Unit Development
Agreement.
K. The site lighting plan shall be submitted for appeal by
the City. It shall be amended to incorporate existing and
' proposed boulevard/street lighting along Monterey, West 78th
Street and Market Boulevard. As a part of the City' s turn lane
improvements along West 78th Street and Marketing Boulevard, the
' City shall relocate two existing Type 'B' decora tive lights from
the bowling alley entrance off Market Boulevard and move to the
proposed entrance to Market Square on West 78th Street. In
addition, the City shall install four Type 'A' street lights at
the following locations:
1. SW corner of the southerly entrance to Market Square
' on Market Boulevard.
2 . SW and NW corner of the northerly entrance to Market
Square on Market Boulevard.
' 3 . NE corner of the northerly entrance to Market Square
on Monterey Boulevard.
' 4 . Costs associated with these lighting improvements
shall be the responsibility of the developer.
' L. All conditions must be completed as a part of the general
construction of the project and shall not be left to tenants ,
i .e. rear outdoor storage areas, etc.
M. The bus shelter located on Market Boulevard shall be
relocated to another location as determined by the staff of the
Southwest Metro Transit Commission. The developer shall
negotiate with Southwest Metro Transit Commission for said
relocation and undertake this work at no cost to the City.
' N. The developer shall construct and dedicate
trails/sidewalks along West 78th Street and Market boulevard in
accordance with plans and specifications to be approved by the
City Engineer. The trails/sidewalks shall be constructed when
street improvements are constructed.
' O. Auxilary turn lanes on West 78th Street and Market
Boulevard shall be constructed by the City and assessed back to
the developer.
' P. The developer understands' and agrees that the public
improvements proposed within this contract are for the sole bene-
fit of the Market Square plat and, therefore, agrees to waive any
' and all procedural and substantive objections to the proposed
improvements and special assessments, including but not limited
to, hearing requirements and any claim that the assessments
' exceed the benefit to the property. The developer waives any
appeal rights otherwise available pursuant to M.S.A. §429.081.
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Q. The developer shall be responsible for adjustment of all
existing and proposed utilities to final grade, i .e. sanitary
manholes, catch basins, hydrants and gate valves.
R. The final plat shall reflect the utility and drainage '
easements for existing and proposed City utilities ( sanitary and
storm sewer and watermain) .
S . The following section of the General Conditions (Exhibit
"C" ) shall not apply in this development contract:
1 . Item No. 11 - Landscaping
T. Installation and type of erosion control shall be coor-
dinated
with the city improvements along Market Boulevard and the
extention of the 72" storm sewer. Specific placement shall be
determined by staff in the field.
U. The developer agrees to waive his rights as provided in
M.S.A. §429 . 031, Sub. 1 to the public hearing on the feasibility
study for improvement project 90-13.
11. General Conditions. The general provisions of this
contract are attached as Exhibit "B" and incorporated herein.
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11 CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
( SEAL)
' BY:
Don Ashworth, City Manager
DEVELOPER:
MARKET SQUARE ASSOCIATES LIMITED
PARTNERSHIP
' BY:
A partner
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
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
The foregoing instrument was acknowledged before me this
day of , 19 , by
Notary Public
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CONSENT I.
, 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 the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the sub-
ject property owned by them.
Dated this day of , 19 '
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
Notary Public
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'I CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
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, 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
' 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. The Developer shall obtain all
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
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
performed to an acceptable level of quality in accordance with
the engineer' s design. The Developer or his engineer shall
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schedule a preconstruction meeting at a mutually agreeable time
at the City Council chambers with all parties concerned,
including the City staff, to review the program for the
construction work. Within sixty ( 60) days after the completion
of the improvements and before the security is released, the
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
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.
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.
6. 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 completion of construction the Developer shall remove and
dispose of erosion control , i .e. hay bales and silt fence.
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. Upon ,
completion and acceptance by the City of the work and construc-
tion required by this contract, the improvements lying within
public easements shall become City property. After completion of
the improvements, a representative of the contractor, and a
representative of the Developer' s engineer will make a final
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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 public
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 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.
10. Park and Trail Dedication. Prior to the issuance
of building permits for 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
Other species of trees may be approved by the building inspector.
' 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
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
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guarantee shall be returned. The City has established the It
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 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 follows the approved grading and drainage plan (Plan B) .
14. Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordance
with City standards.
15. Street Lighting. The Developer shall have installed '
and pay for street lights in accordance with City standards. A
plan shall be submitted for the City Engineer' s approval prior to
the installation. Before the City signs the final plat, the
Developer shall pay the City a fee of $200.00 for each street
. light installed within the boulevards of the plat. The fee shall
be used by the City for furnishing electricity for each light for '
twenty ( 20) months or until retail stores/businesses have been
built on each lot in the plat, whichever first occurs.
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.
17. Responsibility for Costs.
A. The Developer shall pay an administrative fee 1
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;
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ii) if the cost of the construction of public improvements
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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 °M-
' 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 pay Developer shall a in full all bills sub-
mitted P
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.
' 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
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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 i
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 I
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.
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 bituminous
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 II
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
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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 public
' improvements, public liability and property damage insurance
covering personal injury, including death, and claims for pro-
perty 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 can-
' cellation 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
' entire plat, or any part of it.
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. 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 Goverment, its agencies , departments and
commissions.
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0. Proof of Title. Upon request, the Developer . -
shall furnish the City with evidence satisfactory to the City 1[7
that it has the authority of the fee owners and contract for deed
purchasers to enter into this Development Contract.
P. Soil Conditions. The Developer acknowledges 1
that the City makes no representations or warranties as to the
condition of the soils on the property or its fitnes for
construction of the improvements of 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.
Q. Soil Correction. The Developer shall be
responsible for soil correction work on the property except under
turn lanes and the 72" storm sewer constructed by the City. 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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CITY of if g -5--
,....._......
I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739 6 mu% by City A"'"s"''''
foamed V LiA/P.
I MEMORANDUM liochtert_
A*cte�_
TO: Don Ashworth, City Manager tati--i-=9`q 2._
e5p
I Del Subc,=d ; cti—,-,sslon.
FROM: Gary Warren, City Engineer
Des tubmit._ rc ;c,ur,cil
DATE: August 8 , 1990 '- t3- g0
ISUBJ: Authorize Feasibility Study for Installation of 72-inch
Storm Sewer on Market Square Addition, Accept Feasibility
I Study, Waive Public Hearing and Authorize Preparation of
Plans and Specifications
Project No. 90-13
IIn order to accommodate the site development of Market Square,
the developers are in need of eliminating the drainage swale on
I the south end of this site where the City' s 72-inch storm sewer
discharges storm water. This storm water is picked up again in a
72-inch pipe which goes underneath the Soo Line Railroad tracks
I to the City' s large storm water retention pond just north of
Highway 5 . The developers have requested that they be allowed to
eliminate this drainage swale by connecting a 72-inch storm sewer
pipe to the pipe underneath the railroad tracks and filling this
I area. This is addressed in the development contract with the
developers and they will be responsible for reimbursing the City
for the cost of these improvements.
IConstruction of the 72-inch storm sewer does not lend itself to
your typical smaller site developers. The 10-foot by 10-foot
I junction chamber alone weighs approximately 8,000 pounds. It was
therefore felt that to assure the proper installation of this
utility and since the utility will remain in the ownership of the
City, that the City would undertake this element of the
I construction as a public improvement project providing that the
developer waives his rights to contest any assessments and agrees
to pay for the improvements. As noted, this will be accomplished
Iwith execution of the development contract.
The developer is concerned at what little time remains in this
II year' s construction season and therefore has requested the City
to expedite our process on this matter. We have therefore
prepared the attached feasibility study which addresses the
specifics of the project. The engineer 's construction cost
Iestimate is $99 ,500 . 00 and the cost of the improvements would be
II
Don Ashworth
August 8 , 1990
Page 2
totally assessed against the Market Square Addition. A
construction schedule has been proposed in the feasibility study
which , based on a 10-day advertising period, shows contract award
for September 10 , 1990 and construction completion by mid-October
of 1990. '
This office finds the attached feasibility study to be in order
and recommends that the City Council authorize the preparation of
the feasibility study, accept the feasibility study, waive the
public hearing and authorize preparation of plans and
specifications for this Improvement Project No. 90-13.
ktm
Attachment: Feasibility Study '
c: Market Square Associates Limited Partnership
Gary Ehret, BRW
Jean Meuwissen, Treasurer
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CITYOF
I 1 -P
CHANHASSEN
1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739 Action by Gil( Adminkt ator
✓ �
Endorse
1 MEMORANDUM
Rejcrcte
TO: Don Ashworth, City Manager °"z -9
1t.eo SznolitI,d to Cc rmtsSIOr
FROM: Gary Warren , City Engineer
Oats 3ubnsi4 d to Council
DATE: August 8, 1990 g - 13 -74)
SUBJ: Accept Plans and Specifications and Authorize Advertising
for Bids for Market Square 72-inch Diameter Storm Sewer
Improvements - Project No. 90-13
1 The attached construction plans have been prepared based on the
feasibility study for the installation of 270 feet of 72-inch
storm sewer and the construction of a 10 foot by 10 foot junction
manhole. Due to the poor soils encountered in this area, the
1 storm sewer construction is requiring the use of geotextile
fabric and special pipe subgrade correction to adequately support
the weight of this pipe and structure. A portion of the work
1 which connects to the existing 72-inch storm sewer under the Soo
Line Railroad tracks will be done in the railroad right-of-way
and a permit for this work is being acquired by the developers of
Market Square as a part of the permit they need for their site
1 grading in the railroad right-of-way.
I find the enclosed construction plans are acceptable and
' therefore recommend that the City Council approve the enclosed
construction plans as prepared by BRW and authorize advertising
for bids.
ktm
Attachment: Construction Plans
c: Market Square Associates Limited Partnership
Gary Ehret, BRW
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CITY OF
1
Ikkh. CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
.`°c ko by City r`li'i,ntst;af:.'
MEMORANDUM ✓ b idh
i
' TO: Don Ashworth, City Manager � :q�r �jV
ate SubmMad to C.:n; F,EK,
FROM: Jo Ann Olsen, Senior Planner ,:
' Date Submitted to Card!DATE: August 9, 1990
SUBJ: PUD Contract - Market Square
On July 23, 1990, the City Council approved the final plat for
' Market Square PUD. A condition of approval was the applicant
entering into a development contract and PUD contract with the
City. The PUD and development contract provide for all conditions
of approval for the PUD and plat.
' RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves of the PUD contract for Market Square
dated August 9, 1990, as attached. "
' ATTACHMENT
1. PUD contract.
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PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
MARKET SQUARE
AGREEMENT dated August 13, 1990, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, ("City") , and MARKET
' SQUARE ASSOCIATES LIMITED PARTNERSHIP, (the "Developer") .
' 1. Request for Planned Unit Development Approval. The
Developer has asked the City to approve a Planned Unit Development on the
Iland legally described on the attached Exhibit "A" ("subject property") .
2. Conditions of Approval. The City hereby approves the
IPlanned Unit Development on condition that the Developer enter into this
IAgreement and comply with its terms and conditions.
3. Development Plans. The subject property shall be developed
IIin accordance with the following plans. The plans shall not be attached
to this Agreement. If the plans vary from the written terms of this
IAgreement, the written terms shall control. The plans are:
' Plan A--Site Plan, dated May 5, 1990, prepared by AMCOM.
Plan B--Grading, Drainage and Erosion Control Plan dated May
29, 1990, prepared by AMCOM.
Plan C--Landscape Plan dated October 13, 1989, prepared by
AMCOM.
' Plan D--Elevations Plan dated October 13, 1989, prepared by
AMCOM.
' Plan E--Architectural Plan dated October 13, 1989,
prepared by AMCOM.
Plan F--Lighting Plan dated October 13, 1989,
prepared by AMCOM. Revised August , 1990.
' Plan G--Parking Plan dated October 13, 1989,
prepared by AMCOM.
Plan H--Plat dated August 10, 1990, prepared by Peters,
Price & Samson Land Surveyors, Ltd.
8/9/90
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4. Final Plat Approval. The Developer shall obtain final plat
approval for the Market Square plat prior to requesting issuance of ,
building permits.
5. Outlot A. Outlot A shall not be developed until it is
replatted. Any buildings on Outlot A shall be designed and use building '
materials so as to be architecturally compatible with the shopping
center. No additional access shall be provided to serve Outlot A. Only
one additional monument sign shall be allowed when Outlot A is developed,
and the sign must be identical to monument signage allowed elsewhere in •
the Planned Unit Development. Developer shall establish suitable ground
cover, and keep it well maintained, until Outlot A develops. Parking
requirements to Outlot A development shall be satisfied within the ,
boundaries of Outlot A.
6. Signage. The Developer shall file for record written and
graphic sign covenants governing the subject property consistent with the I
City's October 23, 1989 Planning Staff report. The covenants are as fully
a part of this Agreement as if they had been reproduced in full herein.
7. Developer's Responsibility. The Developer shall be solely
responsible for completion of all of the requirements of each of the 1
approved plans.
8. Security. To guarantee compliance with the terms of this
Agreement, the City and Developer agree that the security furnished by
the Developer pursuant to the Development Contract for Market Square
shall also be used as security for this Agreement. The terms and ,
conditions governing the security shall be the same as those in the
Market Square Development Contract.
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9. Zoning. The property is being rezoned to Planned Unit
' Development. Except as specifically modified herein, the uses,
requirements and standards of the "BG", General Business District, as may
be amended, shall apply to the subject property.
' 10. License. The Developer hereby grants the City, its agents,
employees, officers and contractors a license to enter the subject
property to perform all work and inspections deemed appropriate by the
City in conjunction with the rezoning.
' 11. 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 plantings shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any
' replacements shall be warranted for twelve (12) months from the time of
planting.
' 12. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer
shall pay all costs incurred by it or the City in conjunction with the
development of the P.U.D. , including but not limited to legal,
engineering and planning expenses incurred in connection with approval
' and acceptance of the P.U.D. , the preparation of this Agreement, and all
' reasonable costs and expenses incurred by the City in monitoring and
inspecting development of the P.U.D.
' B. 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 P.U.D. approval and
development. The Developer shall indemnify the City and its officers and
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employees for all costs, damages, or expenses which the City may pay or
incur in consequence of such claims, including attorneys' fees. '
C. The Developer shall reimburse the City for costs
incurred in the enforcement of this Agreement, including attorneys' fees. II
D. The Developer shall pay in full all bills submitted to ,
it by the City for obligations incurred under this Agreement within
thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all P.U.D. development work and construction, including but
not limited to the issuance of building permits, until the bills are paid 1
in full. Bills not paid within thirty (30) days shall accrue interest at
the rate of eighteen percent (18%) per year.
13. 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 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 48
hours in advance. This Agreement is a license for the City to act, and it II
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.
14. Miscellaneous.
A. The Developer represents to the City that the P.U.D. ,
complies with all city, county, metropolitan, state, and federal laws and
regulations, including but not limited to zoning ordinances and I
environmental regulations. If the City determines that the P.U.D. does
not comply, the City may, at its option, refuse to allow construction or
I
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11 development work in the P.U.D. until the Developer does comply. Upon the
P P
City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City
under this Agreement.
C. Breach of the terms of this Agreement by the Developer
' shall be grounds for denial of building permits, including lots sold to
' third parties.
D. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of
' this Agreement.
' E. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this Agreement. 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
Ipromptly take legal action to enforce this Agreement shall not be a
' waiver or release.
F. This Agreement shall run with the land and may be
recorded against the title to the property.
G. 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 exer-
cised 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.
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15. Notices. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its 1
employees or agents, or mailed to the Developer by registered mail at the
following address: 200 West Highway 13, Burnsville, Minnesota 55337.
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, Box 147, Chanhassen, Minnesota 55317, Attention:
City Manager. I
CITY OF CHANHASSEN '
BY: 1(SEAL) Donald J. Chmiel, Mayor
AND ,
Don Ashworth, City Manager
MARKET SQUARE ASSOCIATES
LIMITED PARTNERSHIP
BY:
A partner
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STATE OF MINNESOTA )
I ( ss.
COUNTY OF DAKOTA )
I The foregoing instrument was acknowledged before me this
day of , 1990, by Donald J. Chmiel, Mayor, and by Don
Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal
I corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
1 '
NOTARY PUBLIC
I STATE OF MINNESOTA )
( ss.
COUNTY OF )
I The foregoing instrument was acknowledged before me this
day of , 1990, by a partner
of Market Square Associates Limited Partnership, on its behalf.
1
NOTARY PUBLIC
IDRAFTED BY:
Campbell, Knutson, Scott
I & Fuchs, P.A.
3460 Washington Drive
Suite 202
Eagan, Minnesota 55122
II (612) 456-9539
I
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CONSENT
1
, fee
owners of all or part of the subject property, the development of which
is governed by the foregoing Planned Unit Development Agreement, affirm
and consent to 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. •
Dated this day of , 1990.
•
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STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1990, by
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 1
day of , 1990, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, Minnesota 55122
(612) 456-9539
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