1b. Approve Addendum to Dev Contract for Sever Fourty-One Crossing I CITY OF I b ,
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' .. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
I •` hem by city Administrator
MEMORANDUM fridorse Wp-
IITO: Gary Warren, City Engineer R �
bk. i l - 1 c s.AJW FROM: Dave Hempel, Sr. Engineering Technician Submitted to Commission
IDATE: October 31 , 1989 Site Submitted to Co„„uncu
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SUBS: Approve Addendum to Development Contract for ,,,,„„..... � 'f
Seven Forty-One Crossing
Project No. 88-17 (pvt)
IAs you may recall , the initial grading plan for this development
proposed ponding off-site on Reed' s Orchard Ridge Addition . The
II pond was constructed according to plan but failed to achieve its
desired function. Due to design flaws, high water table and
steep slopes , the pond suffered severe erosion problems . The
I developer has since hired a new engineer who has successfully re-
designed the pond which now appears to be functioning properly.
With this new pond design slight modifications to the original
grading and erosion control plan were necessary. These new plans
I should be incorporated into the Seven Forty-One Crossing develop-
ment contract.
I According to the development contract under the general con-
ditions, item 19 , Miscellaneous, paragraph H, Waivers and
Amendments; to be binding, amendments or waivers shall be in
writing signed by the parties and approved by written resolution
I
of the City Council. Therefore, it is recommended that the City
Council adopt a resolution amending the Seven Forty-One Crossing
development contract with the attached addendum.
I
Attachment: Addendum "A"
II
OFFICIAL ENGINEERING COPY
I Received
•
Revision No
I Approved y ity Erre;ne rr
Date U % 9
I Approv Couta
Date
I
CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT ADDENDUM "A"
SEVEN FORTY-ONE CROSSING
This agreement, made and entered into this day of
, 1989 , by and between HSZ DEVELOPMENT, LTD. , a
Minnesota corporation (hereinafter referred to as the
"Developer") , and the City of Chanhassen, a Minnesota municipal
corporation (hereinafter referred to as the "City") ;
WITNESSETH, that the City in the exercise of its powers
pursuant to MSA Section 462 . 358 and other applicable state laws ,
and the Developer, in consideration of the mutual covenants
' herein contained, recite and agree as follows:
Section 1. Recitals.
1 . 01 Seven Forty-One Crossing Approvals:
Whereas, the City has reviewed and approved the following
modified plans for the Seven Forty-One Crossing
development:
' - Erosion Control Plan dated July 28 , 1989, prepared by
Rehder-Wenzel , Inc.
- Grading Plan dated August 18 , 1989 , prepared by
Rehder-Wenzel , Inc.
The City ' s approval incorporated conditions of approval
which are listed below.
Section 2. Conditions.
1 2 . 01 The width of the bituminous trail from the 20 ' X 20 '
turnaround to Trunk Highway 41 shall be 10 feet wide with a
' 15-foot radii at Trunk Highway 41 .
2. 02 A new landscaping plan shall be submitted showing the new
12-foot high scotch pines along the west berm. These
' scotch pines should be staggered instead of planted in a
straight line. This will provide a better screening
effect.
2. 03 All disturbed areas shall be restored within one week after
grading operations are completed. According to MnDOT
' specifications, September 15 , 1989 is the end of the
planting season for seed. Since the grading is to continue
beyond this date, winter seed and mulch will be required
along with appropriate measures taken to see that the
' erosion control measures are adequately maintained and in
place prior to spring runoff.
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Section 2. Conditions (continued) .
2. 04 The City requires all erosion control measures to be in ,
place and maintained throughout the project. Hay bales and
silt fence shall be staked around all catch basin inlets
once the grading has been completed . '
2. 05 All approvals and conditions herein shall be subject to the
terms and conditions of the original Development Contract
dated October 20 , 1988 , as well as the within agreement and
on the further condition that the Developer and the City
enter into this agreement.
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t
I
CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT ADDENDUM "A"
SEVEN FORTY-ONE CROSSING
This agreement, made and entered into this day of
, 1989 , by and between HSZ DEVELOPMENT, LTD. , a
' Minnesota corporation (hereinafter referred to as the
"Developer" ) , and the City of Chanhassen, a Minnesota municipal
corporation (hereinafter referred to as the "City") ;
' WITNESSETH, that the City in the exercise of its powers
pursuant to MSA Section 462. 358 and other applicable state laws ,
and the Developer , in consideration of the mutual covenants
' herein contained, recite and agree as follows:
Section 1 . Recitals.
1 . 01 Seven Forty-One Crossing Approvals:
Whereas , the City has reviewed and approved the following
modified plans for the Seven Forty-One Crossing
development:
- Erosion Control Plan dated July 28 , 1989 , prepared by
Rehder-Wenzel , Inc.
' - Grading Plan dated August 18 , 1989 , prepared by
Rehder-Wenzel , Inc.
The City ' s approval incorporated conditions of approval
which are listed below.
Section 2. Conditions.
' 2. 01 The width of the bituminous trail from the 20 ' X 20 '
turnaround to Trunk Highway 41 shall be 10 feet wide with a
' 15-foot radii at Trunk Highway 41.
2 . 02 A new landscaping plan shall be submitted showing the new
12-foot high scotch pines along the west berm. These
' scotch pines should be staggered instead of planted in a
straight line. This will provide a better screening
effect.
' 2. 03 All disturbed areas shall be restored within one week after
grading operations are completed. According to MnDOT
' specifications, September 15 , 1989 is the end of the
planting season for seed. Since the grading is to continue
beyond this date, winter seed and mulch will be required
along with appropriate measures taken to see that the
erosion control measures are adequately maintained and in
place prior to spring runoff.
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I
II
IN WITNESS WHEREOF, the parties hereto have caused these
presence to be executed on the day and year first above written.
CITY OF CHANHASSEN
I
BY:
I Donald J. Chmiel , Mayor
(SEAL)
I BY:
Don Ashworth, City Manager
IDEVELOPER:
HSZ DEVELOPMENT, LTD.
I
BY:
I Its
STATE OF MINNESOTA )
ICOUNTY OF CARVER () ss .
I The foregoing instrument was acknowledged before me this
day of , 1989 , 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
Ipursuant to the authority granted by its City Council .
INOTARY PUBLIC
STATE OF MINNESOTA )
Iss .
COUNTY OF )
I The foregoing instrument was acknowledged before me this
day of , 19 , by
the of HSZ Development, Ltd. , a Minnesota
Icorporation, on its behalf.
I Notary Public
DRAFTED BY:
City of Chanhassen
I 690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
I ( 612 ) 937-1900
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