1h. Readvertising for Bids, Minnewashta Meadows 1 _T■
nANHAssEN
I
690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 •
, Lei-
MEMORANDUM
TO: Don Ashworth, City Manager -
FROM: Gary Warren, City Engineer )(S
DATE: April 5 , 1989 tV'i�
SUBJ: Authorize Readvertising for Bids, Minnewashta Meadows
Project No. 88-2
The Minnewashta Meadows subdivision is located in the northwest
corner of the City. As shown on the attached map, it is located
in the northwest quadrant of the intersection of Church Road and
Trunk Highway 7 . Last year the City authorized the installation
of improvements for this subdivision as a public improvement pro-
ject. As such, plans and specifications were approved and bids
were opened for the project. Unfortunately the Developer, Gary
Carlson , was unable to provide the City with the necessary finan-
cial security to proceed with an award of contract. The bids
were subsequently rejected by the City as a result.
As stated in the attached March 27 , 1989 corresponaence, Mr.
Carlson now has obtained the necessary financial security and is
interested in the City reinitiating this project. As this was
the last requirement needed to be met, we are now prepared and
able to proceed with readvertising of the project for bids. The
plans and specifications were prepared by William R. Engelhardt
and Associates.
It is therefore recommended that the City Council approve reini-
tiating Project No. 88-2 and that staff be authorized to adver-
tise for bids .
Attachments
1 . March 27 , 1989 correspondence from Gary Carlson.
2 . Letter of Credit No. 70 .
3 . Development Contract.
4 . Map.
cc: Gary Carlson
Bill Engelhardt
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..._. CHNIUSSEN
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MA R 27 1,989
. ENGINEERING DEPT. • -
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I CHANHASSEN
BANK
March 27, 1989
Irrevocable Letter of Credit No. 70
Mr. Gary Warren
City Engineer
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Mr. Warren:
' We hereby authorize you to draw on us, after March 27, 1989, for the
account of Gary D. and Maureen G. Carlson, up to an aggregate amount of ONE
' HUNDRED THIRTY THOUSAND SEVEN HUNDRED NINETY AND NO/100 U. S. DOLLARS
($130, 790.00) , available by your draft(s) at sight. This Letter of Credit
is issued to comply with the Development Contract on file with the City of
Chanhassen for the Minnewashta Meadows Development.
We agree that this Letter of Credit shall expire no sooner than March 27,
1990 unless sooner released by the City of Chanhassen. In the event that
' this Letter of Credit is not released by the City of Chanhassen prior to
March 27, 1990, this Letter of Credit shall be replaced or renewed by a
Letter of Credit in the same amount with an expiration date of March 27,
1991.
All drafts must bear on their face "drawn under Letter of Credit No. 70
dated March 27, 1989" and must be presented to the State Bank of Chanhassen
no later than 2:00 P. M. (CST) on March 27, 1990, when this Letter of
Credit will expire, and must be accompanied by this Letter of Credit and a
certification by the City Clerk that the funds are due either by reason of
default under the terms of the above mentioned Development Contract or by
reason of a failure to replace this Letter of Credit as described in the
preceding paragraph.
' This Letter of Credit is subject to the Uniform Customs and practices for
Commercial Documentary Credits, 1984 revision, International Chamber of
Commerce publication number 400.
STATE BANK OF CHANHASSEN
By: CITY OF CHANHASSEN
Kevin P. McShane FM RED
President
MAR 27 1?89
600 West 78th Street a Chanhassen, MN 55317 ,i1612) 937-BANK ENGINEERING DEPT.
. 1
CITY OF CHANHASSEN '
DEVELOPMENT CONTRACT
(City Installed Improvements) '
MINNEWASHTA MEADOWS
SPECIAL PROVISIONS '
AGREEMENT datedcembc.r 198a, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
"City" ) , and GARY D. CARLSON and MAUREEN G. CARLSON , husband and
wife ( the "Developer") .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for MINNEWASHTA MEADOWS (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 - "NOT APPROVED YET"
Plan B--Grading, Drainage , and Erosion Control Plan dated
June 6 , 1988 , prepared by Engelhardt &
Associates . I
Plan C--Plans and Specifications for Improvements dated
June 6 , 1988 , prepared by Engelhardt &
Associates.
4 . Private Improvements. The Developer shall install
in accordance with City ordinances and standards and pay for the
following:
A. Street Lights
B . Underground Utilities (e.g. gas , electric ,
telephone , CATV)
C. Setting of Lot and Block Monuments
D . Surveying and Staking
--• / C _ _
SP-1 ,
I 5. Public Improvements. The City shall design and
construct the following public improvements within the plat :
IA. Site Grading
B. water System
C. Sanitary Sewer
Storm Sewer Drainage System
ID.
E. Streets
F. Concrete Curb and Gutter
G. Street Signs
II6. Assessment of Costs. The City shall assess the cost
of the public improvements referred to in paragraph 5 above
I together with administrative, planning, engineering, capitalized
interest , legal and bonding costs against the plat . The
assessments shall be deemed adopted on the date this Contract is
signed by the City. The assessments shall be paid over an 8-year
I period without deferment , together with interest at a rate set by
the City. Before the City issues a Certificate of Occupancy for
a structure built on a lot , all of the aforementioned assessments
II against the lot must be paid in full. The Developer waives any
and all procedural and substantive objections to the installation
of the public improvements and the special assessments , including
I 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.
I7. Time of Performance. The Developer shall install
all required improvements referred to in paragraph 4 above by
I November 30 , 1988 . The Developer may, however , request an exten-
sion of time from the City. If an extension is granted, it shall
be conditioned upon updating the security posted by the Developer
reflect cost increases and the extended completion date.
Ito
8. Security. To guarantee compliance with the terms
of this Contract , payment of special assessments, payment of the
I 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 $ 130 , 790 . 00 . The amount of the security was calculated
as 110% of the following:
Estimated principal amount
II of special assessments for
public improvements together
with one year of interest $ 105 , 900
IIEngineering , surveying ,
and inspection $ 13 ,000
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 118, 900
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
I SP-2
4
ending December 31 , 1997 . In the alternative , the security may
be for a one-year term provided it is automatically renewable for
successive one-year periods from the present or any future
expiration dates with a final expiration date of December 31 ,
1997 , unless sixty ( 60 ) days prior to an expiration date the bank
notifies the City that it elects not to renew for an additional
period. The City may draw down the security , without notice, for
any violation of the terms of this Contract or upon receiving
notice that the security will be allowed to lapse before December
31 , 1997 . If any installment of special assessments is not paid
on any lot when due , and in any event before any penalty is
attached, the City may draw down the security to pay off the
balance, whether due or not , on all special assessments in the
plat . 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 25% of
the original amount until all special assessments have been paid.
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:
Gary D. and Maureen G. Carlson '
3831 - 62nd Street West
Excelsior , MN 55331
Telephone: ( 612 ) 474-3354 '
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager , or mailed to the City by
registered mail in care of the City Manager at the following
address:
Chanhassen City Hall
690 Coulter Drive
P. O. Box 147
Chanhassen, Minnesota 55317
Telephone: ( 612) 937-1900
8. Other Special Conditions.
A. The two sheds on Lot 14 , Block 1 and the street
right-of-way and the small one-story single family residence on
Lot 15 , Block 1 , shall be removed prior to street construction
and installation of utilities. The demolition debris from the
home and sheds shall be properly disposed of off site.
B. A 20-foot trail easement shall be dedicated '
along the west side of Church Road in a form suitable for
recording against the property.
C. All utility improvements shall conform to the
City' s standards for urban construction.
SP-3
I
PD. The Developer shall obtain and comply with all
conditions required by the Minnesota Department of Natural
Resources , Watershed District , and any other regulatory agencies.
IE. A gate valve shall be located three feet behind
each hydrant in accordance with the City ' s detail for hydrant
construction.
IF. Wood-fiber blankets or equivalent shall be used
on all slopes greater than 3 :1 .
IG. Utility and drainage easements shall be pro-
vided on the plat for the proposed retention/sedimentation basin
Ilocated at the south of Lots 9 and 10 of Block 1 .
H. The sanitary sewer along Church Road shall be
installed at a sufficient depth to provide gravity service to the
IFrizzell and Kerber property.
I. Construction of sanitary sewer and watermain
I along Church Road shall take all necessary precautions to protect
existing City utility and roadway improvements.
I J. The driveway located on Lot 16 , Block 1 , shall
be located at the most northerly location.
K. In accordance with the conditions of the
I wetland alteration permit , there shall be no construction acti-
vity beyond the erosion control fence adjacent to the Class B
wetland as shown on Plan B.
I9. General Conditions. The general provisions of this
Contract , approved by the City Council on February 22 , 1988 , are
attached as Exhibit "B" and incorporated herein.
II
CIT i HANHASSEN
1 .k. (/,/:__
BY : ,sI// i.. . / ,--
I Thomas L. Hamilton , Mayor
(SEAL)
BY: /./_::
IDon Ashworth, City Manager
I DEVELOPER
g
BY:
I �., rum
Gary D. Carlson
IMaureen G. Carlson �„.
SP-4
STATE OF MINNESOTA )
II
( ss .
COUNTY OF CARVER )
The fore-,..1..,oing instrument was acknowledged before me this II 42,c, day of : ,.% Y;,,mac .J 1988 , by Thomas L. Hamilton , Mayor ,
and by Don Ashworth , City Manager , of the City of Chanhassen , a
Minnesota municipal corporation , on behalf of the corporation and
II
pursuant to the authority granted by its City Council.
[,cam ` � t ( ./L.z_<
NOTARY PUBLIC i STATE OF MINNESOTA ) �> . + hor:=:f > )TA
..'� G C.
( ss . 1 My cer-c_.ri e 1 -13--91
COUNTY OF CARVER ) II
The foregoing instrument was acknowledged before me this
".-( day of L-t.r,,,m,c___T: , 1988 , by Gary D. Carlson .a II
iieurieetx=xX mbicomxix bAltA x>bf -----, /i
'=����.,�, Bradley i�/.colh?im 3 ! .','. _ •C- } t'- _'
til_ :,`
X1411 ?otary Public-Minnesota NOTARY PUBLIC
'a;er County a
II
DRAFTED BY: II City of Chanhassen
690 Coulter Drive
P. O. Box 147
Chanhassen , MN 55317
II
( 612 ) 937-1900
STATE OF MINNESOTA ) II
ss.
COUNTY OF CARVER )
II
4-it The foregoing instrument was acknowledged klefore me this
� day of ( A"/,„..,./-
A" , 1988 , Maureen G. Ca ')son.
II
l vre re.wv Onp( ,(i/!t P radley W.Solhelm a ��7$.; ; *. Notary Pub!!c-Mlnnescta 1 NOTAUBLIC II
b' Garver County
s'.. My Comm. Exp.1-25-90 ,t
II
1
SP-5 1l{'
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-
I . . ,
11 CONSENT
I Gary D. Carlson and Maureen G. Carlson , fee
ll or part of the subject property, the development of
which is governed by the foregoing Development Contract , affirm
I 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.
IDated this .1 r7L day of !1{_,�---� _ , 19 rS ;.
II .../!te, 2
, ///e.a. (_1, - __ /..Y_,
II
STATE OF MINNESOTA )
II ) ss.
COUNTY OF .) )
I J ' day Tho e f foregoing instrument was acknowledged before me this
, 19 = ' , by ;,
Notary Pub±-c
II
I STATE OF MINNESOTA )
ss.
COUNTY OF CJ11Lc/ry )
II The foregoing instrrument was acksnowledged before me this
day of C4.--,-1.---4/1--
,4.--,. _/ , 19=_,x, y Maureen G. Car/so ,
/ `, f
..,-,-„(/, ' 6/ - .,
Notary gublicr'
(IR. 3radloy W.Solhelm i
I • ''1 Notary Public-Minnesota
'" �,_',,. :ewer County g
4'y Comm. Exp. 1-25-CO s
%. : wor+.n..:.r�wn0.4.w1.0r.-::.+4w•.0-e•
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SP-6
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\ \-\\N PREPARED BY
": ' ; , WILLIAM R. ENGELHARDT ASSOCIAll
CONSULTING ENGINEERS
— 1107 HAZELTINE BLVD., SUITE 481
CHASKA, MINNESOTA 55318
(612) 448-8838