E-4. Boulder Cove DC for GradingCITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.2271125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
s
MEMORANDUM J
I
TO: Paul Oehme, PE, Director of Public Works/City
� E Engineer t
FROM: Alyson Fauske, PE, Assistant City Engineer Q'/
DATE: May 12, 2104 O
SUBJ: Boulder Cove Development Contract for Grading
PROPOSED MOTION
"The City Council approves the Development Contract for Grading for Boulder
Cove."
City Council approval requires a simple majority vote of the City Council
present.
On April 14, 2014 the City Council approved Lennar's proposal for the Boulder
Cove preliminary plat, which includes 31 single family lots and 3 outlots. As the
construction plans and specifications are being finalized the developer has
requested permission to begin site grading. To facilitate this request staff
recommends that the City Council enter into a development contract for grading
purposes, subject to the following conditions:
Before grading operations can begin the Development Contract for
Grading Purposes must be fully executed and the security amount
listed in Paragraph 2 of the document must be submitted.
2. More detail is required for the proposed grading and retaining wall on
Lot 14, Block 3, including:
a. Indicate the beginning and end of the wall as this is difficult to discem
with the linetypes used on the drawing.
b. The top and bottom of wall elevations must be shown.
C. Ensure that there is adequate separation from the building pad to the
proposed wall to allow for construction of the wall (including fabric, if
any).
3. An encroachment agreement is required for the retaining walls
within Outlot A and Lots 5 through 9, Block 2, and Lots 13 and 14,
Block 3.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
Boulder Cove Development Contract for Grading Purposes
May 12, 2014
Page 2
4. Before grading operations can begin this document must be fully executed and the
security amount listed in Paragraph 2 of this document.
5. More detail is required for the proposed grading and retaining wall on Lot 14, Block 3,
including:
a. Indicate the beginning and end of the wall as this is difficult to discern with the
linetypes used on the drawing.
b. The top and bottom of wall elevations must be shown.
C. Ensure that there is adequate separation from the building pad to the proposed wall to
allow for construction of the wall (including fabric, if any).
6. An encroachment agreement is required for the retaining walls within Outlot A and
Lots 5 through 9, Block 2, and Lots 13 and 14, Block 3.
7. The proposed retaining walls shall be owned and maintained by the Homeowners'
Association.
8. Show proposed spot elevations on the side yards.
9. The plan must be revised to include the 978' contour between Station 1 +00 and
3 +50.
10. Before any clearing and grabbing or other earth disturbing activity, the SWPPP
narrative shall be provided to the City and include all information required under
the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination
System/State Disposal System including, but not limited to, the chain of
responsibility and all other items within Part III.
11. The city must be notified no less than 24 hours prior to commencement of any
dewatering activity and shown a plan as to how the dewatering will occur to prevent
sediment laden waters from leaving the site.
Attachment: Boulder Cove Development Contract for Grading Purposes
gAwg \projects\a -e \boulder cove \05 -12 -2014 approve grading de.dm
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
BOULDER COVE
DEVELOPMENT CONTRACT FOR
GRADING PURPOSES
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
BOULDER COVE
AGREEMENT dated MAY 12, 2014 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, US HOME CORPORATION D/B /A LENNAR,
(the "Developer ").
1. Development Plans. The plan shall be developed in accordance with the following
plans: Grading Plan and Storm Water Pollution Prevention Plan (SWPPP) approved MAY 12,
2014, prepared by Otto Associates Engineers & Land Surveyors, Inc.
2. Security. To guarantee compliance with the plans the Developer shall furnish the
City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash
escrow ( "security") for $56,772.38, which is 110% of the estimated erosion control and pond
excavation costs.
The City may draw down the security, without notice, for any violation of the terms of this
Contract. If the security is drawn down, the draw shall be used to cure the default.
3. Notice. 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:
US HOME CORPORATION D/B /A LENNAR
ATTN: PAUL TABONE
1630536TH AVE, SUITE 600
PLYMOUTH, MN 55446
Phone: 952- 249 -3086
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Telephone: (952) 227 -1100
1
4. Other Special Conditions.
A. Before grading operations can begin this document must be fully executed and the
security amount listed in Paragraph 2 of this document.
B. More detail is required for the proposed grading and retaining wall on Lot 14, Block
3, including:
a. hidicate the beginning and end of the wall as this is difficult to discern with the
linetypes used on the drawing.
b. The top and bottom of wall elevations must be shown.
c. Ensure that there is adequate separation from the building pad to the proposed
wall to allow for construction of the wall (including fabric, if any).
C. An encroachment agreement is required for the retaining walls within Outlot A
and Lots 5 through 9, Block 2, and Lots 13 and 14, Block 3.
D. The proposed retaining walls shall be owned and maintained by the Homeowners'
Association.
E. Show proposed spot elevations on the side yards.
F. The plan must be revised to include the 978' contour between Station 1 +00 and
3 +50.
G. Before any clearing and grubbing or other earth disturbing activity, the SWPPP
narrative shall be provided to the City and include all information required under
the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination
System/State Disposal System including, but not limited to, the chain of
responsibility and all other items within Part III.
H. The city must be notified no less than 24 hours prior to commencement of any
dewatering activity and shown a plan as to how the dewatering will occur to prevent
sediment laden waters from leaving the site.
[Remainder of page intentionally left blank]
2
111 • .: h . 41KIl
(SEAL)
.4101
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
US HOME CORPORATION DB /A LENNAR:
Fra
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
Joe Jablonski
The foregoing instrument was acknowledged before me this day of
2014, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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
2014, by Joe Jablonski of US Home Corporation DB /A Lennar, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
EXHIBIT "A" TO DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the following described parcel lying Easterly of R.L.S. No. 15, according to the
Registrar of Titles, Carver County Minnesota.
All that part of Section 5, Township 116 North, Range 23 West described as follows, to wit:
Commencing at the Southwest comer of the Southeast Quarter of Section 32, Townshipl 17 North,
Range 23 West; thence Easterly along the North line of said Section 5, Township 116, Range 23, a
distance of 478.50 feet; thence South585.20 feet; thence South 62 degrees 00 minutes 00 seconds
West 687.50 feet; thence North 16 degrees 30 minutes 00 second West 196.60 feet; thence South 73
degrees 18 minutes 00 seconds West 198.50 feet; thence North 16 degrees 20 minutes 00 seconds
West 795.80 feet to the North line of said Section 5; thence Easterly along said North line of said
Section 5, a distance of 598.20 feet to point of beginning, the East line of said property above
described runs in a North and South direction.
ME
That part of the following described parcel lying Westerly of Line A:
All that part of Section 5, Township 116 North, Range 23 West, described as follows:
Beginning at a judicial landmark on the North line of said Section 5, a distance of 487.50 feet East
of the South Quarter Corner of Section 32, Township 117 North of Range 23 West; thence East
along the North line of said Section 5 to the Northwesterly line of the right -of -way of State Trunk
highway No. 7 which right -of -way is set forth and described in Case No. 9902 on file in the office
of the Clerk of District Court, Carver County, Minnesota; thence Southwesterly along said right -of-
way to its intersection with a line drawn through the point of beginning and forming an interior
angle of 90 degrees 35 minutes 00 seconds with the North line of said Section 5; thence North to
beginning, according to the United States Government Survey thereof and situated in Carver
County, Minnesota.
Line A is described as follows:
Commencing at the Southwest corner of the Southeast Quarter of Section 32, Township 117, Range
23, Hennepin County, Minnesota; thence on an assumed bearing of North 89 degrees 17 minutes 04
seconds East, along the south line of said Southeast Quarter, a distance of 885.18 feet to the point of
beginning of said Line A; thence South 05 degrees 25 minutes 46 second West, a distance of 154.44
feet; thence 165.71 feet Southerly on a non - tangential curve, concave Westerly, having a central
angle of 158 degrees 14 minutes 39 seconds a radius of 60.00 feet, a chord bearing of South 03
degrees 48 minutes 07 seconds West and a chord distance of 117.84 feet; thence South 30 degrees
22 minutes 28 seconds East to the Northwesterly right -of -way line of State Highway No. 7 and said
Line A there terminating.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this day of 20_.
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by
NOTARY PUBLIC
DRAF'T'ED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
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 subject property owned by
them.
Dated this day of 20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
HtREVOCABLE LETTER OF CREDIT
No. _
Date:
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and m your favor, our
Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight
on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. dated
2. of (Name of Bank) ;
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30,
2
This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty -
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN
55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
ffim
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