1d. Curry Farms 2nd Addition Dev Contract CITY 'IF -�-----
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f.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900
r ,'
MEMORANDUM
TO: Don Ashworth, City Manager -----
1 FROM: Gary Warren, City Engineer D'`
)ete ;t1:3,nitt2d to Cr-,.,scion
DATE: August 12 , 1988 _ —
SUBJ Approval of Development Contract for 4i7 -2J e
Curry Farms Second Addition
1 File No. 88-5 (private)
The City Council tabeled action on the August 8 , 1988 agenda item
1 concerning approval of this development contract ( see attached
minutes) . Staff was directed to meet with the Kerbers and the
Developer to resolve the remaining issues which were presented at
that meeting. On August 11 , 1988 , a meeting was held on the
Kerber property with John Spiess of Centex, Larry and Kathy
Kerber and me to review the remaining issues.
1 To make a long story short , a revised drainage maintenance
agreement is being prepared by the Kerber ' s attorney which will
be acceptable to the Kerbers and the City. Centex and the
1 Kerbers have agreed on some waiver terminology which will allow
Centex to commence with the grading and drainage improvements on
the Kerber property. Two sets of the grading plan and
1 landscaping plan were presented and reviewed with the Kerbers.
While there are various articles which need to be executed and
exchanged, all parties left the meeting with the understanding
that agreements had been reached on all concerns. The Developer
1 therefore would continue with his work and the development
contract would again be presented to the Council for approval and
execution at the August 22, 1988 meeting.
1 In a late-breaking related matter, staff received the attached
August 11 , 1988 letter from Mr. Donovan concerning his
1 unwillingness to grant a turnaround easement on his property for
the Teton Lane turn-around. I was disappointed to learn of this ,
however, as Council will recall , Mr. Natole had also offered the
utilization of his driveway as a turnaround for this roadway pro-
viding that the driveway be properly maintained. I therefore
have modified Article 8K to direct the Developer to acquire
either the Donovan easement or the Natole driveway easement for
our purposes.
Don Ashworth
August 12, 1988
Page 2
It is therefore recommended that the attached development
contract for Curry Farms Second Addition ( 8/12/88 revision) be
approved and authorized for execution.
Attachments: 1 . August 8 , 1988 City Council minutes .
2 . August 4 , 1988 Staff Report.
3 . Development Contract, 8/12/88 revision.
4 . August 11, 1988 Donovan correspondence.
cc: John Spiess , Centex Real Estate Corporation 1
Larry Kerber
1
1
I
City Council Meeting - August 8, 1988
Councilman Johnson: I see another potential on this particular site is that big
sign out front says wooded lots. By the time they finish the grading, the front
1 half of these lots aren't wooded lots anymore.
Mayor Hamilton: You don't know that until you see the grading.
IICONSENT AGENDA: (H) APPROVE DEVELOPMENT CONTRACT FOR CURRY FARMS 2ND ADDITION.
' Mayor Hamilton: There was a question on this one by the Kerbers. They had not
had an opportunity to review the development contract nor the 2nd Addition of
this development so I would like to add a condition that this would not be
' approved until the Kerbers have given their written approval of the project of
this addition. They were to have met with the developers. The developers have
not met with them, talked with them or told them anything about the 2nd
' Addition. That has been a part of this whole development process that they meet
with the Kerbers and they have not done that on this 2nd Addition. All I'm
saying is that the Kerbers should be informed as to what is taking place in
their neighborhood and that they have the right to sign off on the 2nd Addition
agreement contract.
Councilman Johnson: Was that part of our final plat when we final platted this?
Councilman Geving: They were supposed to have been notified.
Mayor Hamilton: That was agreed by Centex right along that they would meet with
the Kerbers and keep them informed as to what was happening in the development
and they haven't done that.
' Councilman Geving: Is that a motion Tom?
Mayor Hamilton: Yes.
' Councilman Geving: I'll second that motion.
Councilman Horn: I have a question. Are you saying that they have a right to
sign off on it or to be informed?
Mayor Hamilton: I say that they can sign off on it. Centex has said that's
' fine with them.
Councilman Boyt: They're comfortable with that?
Mayor Hamilton: That's my understanding, yes.
Councilman Johnson: Is Centex here?
IMayor Hamilton: Yes.
John Speiss: The City is giving them, the Planning Department) the opportunity
to review the plans with the Kerbers. They reviewed the plans as far as I know. iE7
Mayor Hamilton: My understanding was that they have not and that you have not
talked to them about the 2nd Addition so until that occurs and they are
4
City Council Meeting - August 8, 1988 291 ' I
satisfied with what's happening, I think they have a right to sign off on it.
John Speiss: Does that mean that we don't have the go ahead to do this because
the Kerbers won't sign off?
Mayor Hamilton: Yes, that was my understanding that you had approved that
already. You said it was fine with you if the Kerbers could review the plan and
have an opportunity to sign off on it.
John Speiss: I don't remember that at all. Not only that but I don't know '
whether it's possible by their signing off if there's another approval that
we've never known about.
Mayor Hamilton: Maybe you could clarify this for me Don. '
Don Ashworth: Kerbers do not feel as though anyone has contacted them. The
plans supposedly were submitted on July 14th and yet again, Kerbers have not
looked at it. In terms of signing off, part of the approval is to grade on the
Kerber's property. If you can not get agreement with them, how can you go onto
that property? I would make the assumption that if the two property owners can
not resolve any potential differences, and I don't know that there will be any
because they haven't seen them so how do they know if they have a differnce or
not but I would assume that it would be back in front of you in two weeks if
they can't come to resolution.
Larry Kerber: There's a few complications with this. It's not, I really didn't
see it. I haven't seen the final plan that shows the grading. What I saw was a
sketch proposal by Centex. Talking to John Speiss, as John said, we will not
put any of this fill or do any of this unless you sign off with us saying no
matter what we do, how we leave you after this, you have no recourse against us.
Okay, but I never saw a final plat that was formalized and approved by anybody
here. Now Friday I got a letter from Gary Warren that says, in effect says, I
don't know if you people got this.
Councilman Geving: We have.
Larry Kerber: It says we will not require Centex to put fill in your property
unless you give us a 50 foot wide easement over the creek which emcompasses
about a half acre of my property donated to the City. A 50 foot easement and
then we'll fill your property. Am I correct in that? Is that what that letter
says? That's the way I read it.
Gary Warren: Conditions of approval from the plans and spec review and the
grading and drainage review were that in order to provide the City the control
to deal with the ponding issue that happened in the spring of this year that we
felt that we needed to have access to that drainageway to keep the culvert
basically open and flowing. As a result a condition of approval was that no
improvements or work would be authorized of the developer on the Kerber's
property until we had received that easement from Kerbers.
Dacy: I did hand deliver the plans for the 2nd Phase. I
Larry Kerber: Okay, did it show the grading on our property? I looked and I
couldn't find it on here.
5
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11 "city Council Meeting - August 8, 1988
Dacy: I thought that the grading plan was approved by the Planning Staff...
Gary Warren: There was a grading plan in there and the sketch that you were
sent in a June 20th letter from Centex showing grading, the City then as a
condition of final approval had to incorporate into that grading plan that Barb
says she delivered to you.
Larry Kerber: If it's on that plan I can't find it because I looked at it 2 or
3 times and I can't find it on there. But I guess back to this letter, that's
what this is all about. I'm to give the City almost a half of my land, they
will not take care of the drainage problem, is that correct?
Councilman Johnson: We're not trying to take a half acre of your land.
Larry Kerber: What this says, any trees, shrubs, buildings that are in the way
will be taken down. I'm just not going to do it. Why should I give up this
easement to correct a problem that is not my fault? The drainage problem I feel
should be corrected. If the City needs an easement, we can work something out
and that's what I said all along but now the last I heard, the only thing
I heard other than to talk, I said yes, I will work on an easement because if
you need, is this letter from Gary saying we want 50 feet which is almost a half
acre of land or you don't get the fill and I don't think that's the way this was
supposed to be handled. If it is the way, then I've got a real problem with it.
If that's the way you people feel it should be handled.
Councilman Boyt: It seems to me that this is saying that by the 26th of August,
you have to have something worked out. Isn't that what it's saying? Why does
that mean we now have to stop the process? The 26th of August is several weeks
from now.
Larry Kerber: What happens the 26th of August is Gary Warren or you people say,
give us an easement or we won't fill. There's no way I'm going to allow that.
If there's water on my property, take the water off and I'm perfectly willing to
let them come in if they'll take it off. It shouldn't be tied to something that
had nothing to do with it.
Councilman Boyt: I think the question is that the City Engineer is saying, in
order to assure that the water will drain, we have to have the ability to get to
the drain and that's what they're asking for. Are you saying you won't give the
City the ability to get to the drain?
Larry Kerber: Not presented like this. I can't give us a half acre of my land
for this easement. If something can be worked out. I look at this and this is
what I see. Give us a half acre of land or we won't take care of your problem.
That's what the letter says to me.
Gary Warren: We're saying that part of the problem is on your land which is the
culvert and the freezing of the drainageway and in order to properly keep that
maintained in a free state, we have to get on your land to solve the problem.
That's all we're saying.
[7.7Councilman Geving: Larry, I think you're looking at this totally wrong. This
is really a letter in which we are asking for the maintenance easement agreement
6
City Council Meeting - August 8, 1988
so we can go onto your land legally and resolve this problem. This is not go i ng
to take land from you. It's the only way in which we can legally go onto your
land and perform the necessary work that needs to be done to take care of the
problem. If we were to violate your property by not getting your agreement,
then you have a right to come back to us for damages. We need to have this
agreement. Don't feel that it's a way of getting or losing 50 feet of land or a
half acre or how many acres you mentioned. It's not that at all. This is
strictly a process that we have to have signed by you so we can complete the
work. Don't feel that we're trying in any way to take land from you Larry.
This is to protect your interest. That's how I look at it and I think our
Attorney would verify that that we are only following the process here to keep
us all out of trouble from a city standpoint. You have rights and we're trying
to protect your rights. 1
Kathy Kerber: Earlier this spring when this first came up on the 2nd phase,
Larry and I came here and explained... At that time the Council did say that
this problem...and just before that time I called you Dale and talked to you on
the phone about it and you said also, for this to get approved, these problems
had to be resolved. Now taking down the barn and taking down the shed.. .and
nothing has been done and as far as this letter from Gary, I spoke to Don
earlier this afternoon, we have not seem such a plan. They're coming in here,
they're going to fill our property and at no point have we seen the plan.
There's no consideration for us. 1
Councilman Geving: Maybe our approach wasn't the best here by sending a letter
to you and asking for your signature. I suspect we could have hand carried the
letter and talked to you and showed you the plan.
Larry Kerber: I guess that's what I'm getting at.
Councilman Geving: Is that what your problem is?
Larry Kerber: I didn't have a problem. That creek has been there for drainage
for I don't know how many years, it was never a problem. Now, because it's
developed, the flow has changed. It now runs in winter, there's a problem. Now
to solve the problem you want an easement to maintain it. I can see why you
need one. I do not think that that should be tied to the other problem of
keeping the water off my property. This was a problem created also by putting
this berm up in the back and making my land approximately 8 feet lower than
theirs. 1
Mayor Hamilton: It seems like we've had nothing but problems with this
development and with Kerbers not being satisfied with what Centex is doing and I
don't know why this continues to be a problem. If they can't get it resolved
before they come here, then they shouldn't come here. Let Centex and you Gary
and the Kerbers work it out. If they can't, I don't want to sit here and haggle
over this thing because we can't resolve it. 1
Larry Kerber: Exactly the way I feel. I haven't seen anybody. I just get this
letter saying sign this or we don't fill and I don't think that's the way it
should be handled.
John Speiss: We've met with Kerbers on more than one occasion and it started
out with filling a small area and we've been before the Council at least two
II2 9 zty Council Meeting - August 8, 1988
1 times on this issue and the issue is, the Kerbers have decided that e
th y want us _
to fill the property so their water runs into our pond, which is fine with the
I Watershed and fine with the City and fine with every engineer around. Kerbers
thought that this would be the final solution and now, they have no idea what
we're talking about and I don't know what else to do. We've done everything.
I We've offered everything and still it is not enough. They will not release us
from any liability if we fill their property so that their property does run
into the pond. They have always drained into that drainageway. If in fact
II their property didn't drain onto our property before this. Now, it drains into
our pond which in turn drains back through the drainageway under CR 17. That
drainageway has been there before any of us, probably for centuries, who knows?
That has always been there. The drainageway has always been there and part of
I the reason it flooded out this year was because there was no maintenance on it
and the pipe froze solid. There are weeds growing and it just hasn't been
maintained. We've have offered to, three different occasions, three different
I ways to solve the problem and here is what we call the last thing that will
satisfy the Kerbers as long as 2 1/2 months ago, if we were to fill that up so
that their property would drain into that pond, they would be satisfied. Now
they can't recall that and that's what our letters have stated. The first time.
I The second time and now that they're going to fill that so it can drain into our
pond, that held us up for a month with the Watershed District. They didn't know
what we were planning because Kerbers hadn't been able to decide. Now they've
I decided and we got the permit to go ahead and grade. If we just fill up to
Kerber's, that's fine with the Watershed. That water can come into the pond.
II Mayor Hamilton: The fact is that the Kerber's didn't have any problem until
your development came along and now there's seems to be problems existing and
that's not right. They had no problem before. You altered the land
considerably in that area and now they've got a problem with drainage.
IJohn Speiss: We didn't alter their property at all.
I Mayor Hamilton: But you altered the property around them which altered the
drainage onto their property. You should be able to figure that out. What I'd
like to do is see this resolved prior to it's coming to us so I think that's
going to make it tabled.
ICouncilman Johnson: Yes, I would go rather to table it rather than to set a
precedence of allowing a neighbor actual sign off on the City development
II contract. I think this would be a dangerous precedence to set to require their
signature on the development contract. I would far rather table this until the
22nd.
IIMayor Hamilton: Is that a motion?
II Councilman Hoyt: I have a question. It seems to me that the issue is between
the Kerbers and the City. Is that where the issue is now? On the 50 foot
easement?
II Larry Kerber: No, I've still got a problem with Centex. All the while they
talked of filling this up. Getting right down to it in the end and it says they
[E.
will not fill or do anything for you. Fix the drainage problem on the south
II where they break up that run. I talked to Tom Boyce and he said we will not do
anything to help you unless you sign a waiver saying that we're done. That's
1 8
295
City Council Meeting - August 8, 1988
what you're going to be satisfied with and
Y g g you sign that before we start. I
said, I will sign it after you're done and I can see everything is working. I'll
have no problem with it and I don't think that's unreasonable. '
Councilman Boyt: So there's two issues. One of than is with the City on the 50
foot easement and the other one is with when do you have to sign off on the
grading?
Larry Kerber: Exactly.
Councilman Horn: I think there's another issue and that is, is the City going
to be the arbitrater in this case to determine what is going to work or are the
Kerbers going to be the arbitraters in deciding what is going to work? The way '
I see this, it should be our City Engineering Department who decides, gets an
agreement from Centex as to what they have to do to make it work. That's the
way I see this. ,
Mayor Hamilton: That's right. It hasn't been resolved yet so I wish we didn't
have it here.
Councilman Horn: Do you agree with what Centex has proposed to make this work
with the easement?
Gary Warren: The condition of approval said that they had to prepare a plan
satisfactory to the City Engineer and that is what they reviewed and presented
to me and that's what I approved.
Councilman Horn: And you believe it will work?
Gary Warren: I believe with the filling on the property and the maintenance ,
easements and the new culverts that are proposed, it will work.
Councilman Horn: Now the Kerbers apparently don't believe that or they'd be
willing to sign that off.
Gary Warren: What he's saying, if I'm interpretting him right, that he wants to
wait and see.
Councilman Horn: See if it works? So we've got a chicken and egg situation
that won't work. '
Councilman Boyt: I think we can resolve this because if the City is requiring
it and if you're approving it, then why do they need to sign off on it at all? '
Gary Warren: The City has no condition that the Kerbers sign any waivers of any
sorts except to give the contractor access maybe to the property. We are not
making it a condition that the Kerbers waive their rights as far as any
recourse.
Councilman Horn: Except for easement.
Gary Warren: We're saying we need an easement to be able to solve the problem
or maintain the drainageway to prevent any easement so we have control over the
drainageway but that's all we're asking.
9
906
City Council Meeting - August 8, 1988
Councilman Boyt: I'd like to see us resolve this.
Councilman Horn: So would I.
' Larry Kerber: So would I but Gary, when did you come out and talk to me about
this easement? About this 50 foot easement?
Gary Warren: I haven't talked to you about the 50 foot easement. We talked
' about the need for the easement out there.
Larry Kerber: Exactly. You said you'd like an easement. I said fine. We can
' work something out. That was what, 2 months ago? 3 months ago?
Gary Warren: What size easement would you be willing to give?
' Larry Kerber: Let's talk about this.
Councilman Geving: Let's not negotiate here tonight.
Mayor Hamilton moved, Councilman Geving seconded to table the development
contract for Curry Farms 2nd Addition. All voted in favor except Councilman
Boyt who opposed and the motion carried.
' CONSENT AGENDA: (K) APPROVAL OF OBJECTIVES FOR SITE SELECTION OF PARK IN
SOUTHERN CHANHASSEN.
' Councilman Geving: I just wanted to say I commend the Park and Rec Commission
for moving ahead on this southern park selection criteria. I think they've done
a lot of homework here with their musts and wants. I would like to discuss
' however item 11. I'd really like to change that want to a must and at least
talk about it. The reason I say that, when we picked up the additional 20 acres
at Lake Ann, I thought it would be relatively easy to construct and redevelop
that area so we could put some ball diamonds and tennis courts there. The first
' estimate that we got for reconstruction was several hundred thousand dollars.
It was considerable so I would like to recommend in 1(k) that that w be changed
from a want to a must. That it's very desirable that the land that's selected
' accomodate ball diamonds, tennis courts, whatever else is planned. Soccer
fields and that we consider the cost of alteration in that area. So my only
suggestion here is to change that w to an m and consider the cost and the
possibility for some topography that will be conducive to that. Otherwise,
I like what they're doing and I commend them and want them to move ahead. Any
comments on that?
' Councilman Johnson: If you're going to move that to an m, I'd like to remove
the numbers of 4 ball diamonds and 2 soccer fields and just say, it's getting
too concrete there.
Councilman Geving: We don't know what we're going to put there.
[71
Councilman Johnson: Exactly so there's no reason to say, it's a must that we
have to have 4 baseball or softball fields or whatever. Being a soccer fanatic,
t 10
, 1
CITY OF 1-. -
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t 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 s..airn ty t . .,;.,
�, I
i
MEMORANDUM i:duuif1,c1_..___-._ ___
i, jEc L_l, _ 1
TO: Don Ashworth, City Manager 1; ,,._,___8_'�f_� ___
FROM: Gary Warren , City Engineer _ i
DATE: August 4, 1988 Z . i- qi
SUBJ: Approval of Development Contract for Curry Farms 2nd Addition 1
File No. 88-5 (private)
Attached is the development contract for Curry Farms 2nd Addition II
which has been reviewed with the Developer. The conditions of
approval of the platting process have been incorporated into this
II
agreement.
I call your attention to item 8j on page SP-4. As will be
recalled, the Developer has agreed to various grading , drainage
II
and landscaping improvements on the Kerber property. In order to
avoid any further flooding problems on the Kerber property, the
City has requested that a drainageway maintenance easement be II
provided to the City by the Kerbers for the creekbed area on his
property. Since the rest of the improvements , including grading ,
are contingent on the City receiving this easement, and since the
IIsite grading is anticipated to be completed by the first week in
September, it will be necessary to receive this drainageway main-
tenance easement no later than August 26, 1988 . This will allow
the Developer sufficient time to complete the grading improve- 1
ments on the Kerber property prior to finishing the site grading
on Curry Farms 2nd Addition. We have therefore written this time
restriction into the development contract and made Mr . and Mrs . II
Kerber aware of this as evidenced by the attached August 3 , 1988
correspondence.
It is therefore recommended that the attached development
II
contract for Curry Farms 2nd Addition be approved and authorized
for execution.
1
Attachments
1. Draft development contract dated 8/3/88 . 1
2 . August 3 , 1988 letter to Larry Kerber.
I
I
MEM
1
CITY OF
AN EN
N1/4
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
August 3 , 1988
1
1 Mr. Larry Kerber
6420 Powers Boulevard
1 Chanhassen, MN 55317
Re: Drainageway Maintenance Easement
Curry Farms 2nd Addition
File No. 88-5 (private)
Dear Mr . Kerber:
As you are aware, the construction plans and specifications for
Curry Farms 2nd Addition include grading and drainage culvert
improvements on your property. In order for this to occur, as
1 stated in the conditions of approval by the City Council, the
City must be provided a Drainageway Maintenance Easement across
your property along the alignment of the existing creek bed.
1 Enclosed you will find 3 copies of the Drainageway Maintenance
Easement which I have prepared for your review and execution.
1 Also attached, please find a copy of the draft Development
Contract between the City and Centex Real Estate Corporation for
Curry Farms 2nd Addition which will be on Monday night ' s City
Council meeting agenda. I call your attention to item 8J on page
1 SP-4 which requires the Developer to provide the fill, grading
and drainage improvements on your property in accordance with the
plans , providing that the City receives the attached Drainageway
' Maintenance Easement prior to August 26 , 1988.
The reason for the deadline is not to pressure you, however, the
1 Developer has approval to commence with the grading work the week
of August 8 , 1988. He expects to be completed with the grading
work within four week' s time, weather permitting. If the proper
easements are not provided by you as required prior to completing
1 the site grading , he obviously will have to make other provisions
for disposal of the fill material in which case it would not be
available for grading on your property. I hope this can be
1 avoided, however, it should be clear to you that , as stated, the
Developer will not be obligated to perform this work unless we
have received executed copies of the attached easement no later
than August 26 , 1988.
1
1
Larry and Kathy Kerber II August 3 , 1988
Page 2
If you have any questions, please call. I
Sincerely ,
II
CITY OF CHANHASSEN
I II
Ga :rren , P.E.
Ci eer '
GGW:ktm
Attachments: 1. Drainageway Maintenance Easement ( 3 copies) . I
2 . Draft Development Contract.
cc: John Spiess , Centex Real Estate Corporation
II
Roger Knutson, City Attorney
II
II
II
II
II
II
II
II
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II
1
' CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements )
CURRY FARMS SECOND ADDITION
' SPECIAL PROVISIONS
AGREEMENT dated , 19 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, ( the
' "City") , and CENTER REAL ESTATE CORPORATION, ( the "Developer" ) .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for Curry Farms Second Addition
' ( referred to in this Contract as the "plat" ) . The land is
legally described on the attached Exhibit "A" .
' 2. Conditions of Plat Approval. The City hereby
approves the plat on condition that the Developer enter into this
Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract . With the exception of Plan A, the
' plans may be prepared, subject to City approval, after entering
the Contract , but before commencement of any work in the plat .
If the plans vary from the written terms of this Contract , the
' written terms shall control. The plans are:
Plan A--Plat dated "Received April 18, 1988" , prepared by
Westwood Surveying Company.
' Plan B--Grading , Drainage, and Erosion Control Plan dated
May 18 , 1988 , with revisions dated July 14 , 1988 ,
and also dated "Received July 22 , 1988" , prepared
by Westwood Planning and Engineering Company.
' Plan C--Plans and Specifications for Improvements dated
May 31 , 1988 , and also dated "Received June 22 ,
1988" , prepared by Westwood Planning and
Engineering Company.
' Plan D--Landscaping Plan for Kerber Property dated
July 21 , 1988, prepared by the Chanhassen
' Planning Department.
Plan E--Registered Land Survey for Tracts A, B and C
' dated July 25 , 1988 , prepared by Westwood
Surveying Company.
Plan F--Kerber Property Grading and Drainage Improvement
Plan ( included in Plan B above) .
' 8/12/88 SP-1
4. Improvements. The Developer shall install and pay
for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading
I . Underground Utilities (e.g. gas , electric ,
telephone, CATV)
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
M. Construction, Engineering and Inspection
5. Time of Performance. The Developer shall install
all required improvements by November 30 , 1989. 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.
6. 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 $ 385 ,000 ( $514,690 less $129 ,690 ) *. The amount of the
security was calculated as 110% of the following:
Sanitary sewer $ 51 ,700
Watermain $ 76 ,000 '
On-site storm sewer $ 44 , 600
Streets $ 124 , 300
Street lights and signs $ 2 ,600
Erosion Control $ 11 , 475
Engineering, surveying ,
and inspection $ 29 ,600
Landscaping $ 12 ,500
Site Grading $ 115 ,100
TOTAL COST OF PUBLIC IMPROVEMENTS $ 467 , 875
*Developer has provided the City with a separate letter of
credit in the amount of $129, 690 for site grading and engi-
neering
as a part of the grading permit issued 7/15/88 .
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
ending December 31 , 1989. 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
SP-2 1
1
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 obliga-
tions are paid, but in no case shall the security be reduced to a
point less than 25% of the original amount until all improvements
' are complete and accepted by the City.
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:
' Centex Real Estate Corporation
Attn: Mr. Thomas Boyce
5959 Baker Road, Suite 300
Minnetonka, MN 55345
' Telephone: ( 612) 936-7833
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. Installation of 18 eight-foot and 17 six-foot
Black Hills Spruce and other landscaping referenced in Plan D.
All landscape plantings shall be guaranteed for a period of one
year and replaced as necessary within this guarantee period at
the Developer ' s expense.
B. The Developer shall be responsible for
' notifying prospective buyers of property in Curry Farms Second
Addition of the presence of the contractor ' s yard on the Kerber ' s
property and advise these potential lot owners that the City of
Chanhassen has required the Developer to provide the additional
landscaping to screen the property as noted in the attached Plan
D which has not typically been required in other plat applica-
tions. This notification shall be recorded as covenants of
restriction against all lots in Blocks 3 and 4 , Curry Farms
Second Addition.
C. All existing City utilities such as manholes,
fire hydrants and gate valves which are impacted by the
Developer 's grading , shall be raised at the Developer ' s expense
to the finished grade elevation.
SP-3
D. Grading along the Reamer property ( 6280 Teton
Lane) shall be done to properly convey any drainage from the
Reamer property away from adjoining property structures and
homes.
E. A conservation easement shall be provided at
the 992-foot contour along the northerly side of the park area
before the City signs the final plat. '
F. All outlots shall be considered unbuildable.
G. The Developer shall arrange for the testing of ,
surface runoff from the site with the Watershed District to docu-
ment the water quality impacts to Christmas Lake (see Exhibit ) .
H. Sanitary sewer and watermain stubs shall be
provided for the Reamer and Loris residences stubbed to the pro-
perty line at the locations designated by the City Engineer. '
I. The Developer agrees to upgrade Teton Lane in
accordance with the approved feasibility study and plans and spe-
cifications
at the Developer ' s expense. It is further agreed
that the Developer shall reimburse the City for its consultant ' s
expenses in preparation of the Teton Lane feasibility study in
the amount of $3 ,700 . This fee shall be paid prior to the
signing of the final plat.
J. The Developer agrees to provide fill,
landscaping, grading and drainage improvements on the Kerber pro-
perty in accordance with Plan F providing the City receives a
satisfactory drainage-way maintenance easement from the Kerbers
prior to August 26 , 1988. I
K. The Developer shall obtain, on behalf of the
City, a 12 ' x 15 ' roadway easement to accommodate the Teton Lane
turnaround on the Donovan property as shown on Plan C or a dri-
veway turnaround easement from the Natole property prior to the
City signing the final plat .
L. Conveyance of the easterly 222 feet along
Devonshire Drive of Lot 1 , Block 3 , Curry Farms to the City with
a roadway, drainage, and utility easement dedicated over its
entirety.
M. The Developer has been issued a grading permit
dated July 15 , 1988 authorizing proceeding with grading work as
of that date.
N. The City ' s inspector shall supply the Developer '
with utility tie sheets , location of buried fabric and utility
stub locations for use in meeting General Condition No. 4 of this
agreement. '
0. Park and trail fee requirements were fulfilled
in Curry Farms 1st Addition , therefore the City agrees to waive
the park land and trail fees for Curry Farms 2nd Addition.
SP-4
1,
9. General Conditions. The general conditions of this
Contract , approved by the City Council on February 22 , 1988, are
attached as Exhibit "B" and incorporated herein.
CITY OF CHANHASSEN
' BY:
Thomas L. Hamilton , Mayor
(SEAL)
' BY:
Don Ashworth , City Manager
1
CENTEX REAL ESTATE CORPORATION
BY:
1 Its
STATE OF MINNESOTA )
' ) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , 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 pursuant to the authority granted by its City
Council.
I
Notary Public
STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by _
Notary Public
_ SP-5
i
,,
CONSENT
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
1
STATE OF MINNESOTA )
ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by '
Notary Public 1
I
I
1
I
11
SP-6
' 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
agreement 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 conditions have been satisfied and then the Developer
may proceed.
' 2 . Phased Development. If the plat is a phase of a
multi-phased preliminary plat, the City may refuse to approve
final plats of subsequent phases if the Developer has breached
this Contract and the breach has not been remedied. Development
' of subsequent phases may not proceed until Development Contracts
for such phases are approved by the City.
3 . Effect of Subdivision Approval. For two ( 2 ) years
from the date of this Contract, no amendments to the City' s
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to
or affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the
' Developer. Thereafter, notwithstanding anything in this Contract
to the contrary, to the full extent permitted by state law the
City may require compliance with any amendments to the City' s
' Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4 . Improvements. The improvements specified in the
Special Provisions of this Contract shall be installed in accor-
dance with City standards , ordinances , and plans and specifica-
tions 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
Revised 2/18/88 .
Approved by the
City Council on
2/22/88. GC-1
in
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 sche-
dule 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,
Y (4 ) location
of buried fabric used for soil stabilization, (5) location sta-
tioning of all utility stubs, and (6 ) bench mark network.
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 per-
mits are issued, the erosion control plan, Plan B, shall be
implemented by the Developer and inspected and approved by the
City. The City may impose additional erosion control require-
ments 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 other-
wise provided in the erosion control plan, seed shall be certi-
fied
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 of the improvements has been
completed and accepted. After the site has been stabilized to
where in the opinion of the City there is no longer a need for
erosion control , the City will remove the erosion control
measures . Before the City signs the final plat, the Developer
shall pay the City a fee of $1.00 per foot of erosion control
that is required to be constructed in accordance with the erosion
control plan for the plat, Plan B, to cover the City' s cost for
the removal.
7. Clean up. The Developer shall maintain a neat and
GC-2
11
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
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 residential construction within the plat,
the Developer, its successors or assigns , shall pay to the City
the park and trail dedication fees then in force pursuant to
Chanhassen City Ordinances and City Council resolutions .
' 11. Landscaping. Unless the lot already has one
on it, the Developer shall plant a tree on every lot in the plat.
' Suitable trees include:
Maples Ash
Linden Basswood
Green Ash Birch
Honeylocust Ginko (male only)
Hackberry Kentucky Coffee Tree
Oak
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
' GC-3
bark, are prohibited. The minimum tree size shall be two ( 2 ) '
inches caliper, either bare root in season , or balled and
burlapped. The trees may not be planted in the boulevard. In
addition to any sod required as a part of the Erosion Control
Plan (Plan B) , the Developer shall sod the boulevard area and all
drainage ways on each lot utilizing a minimum of four inches of
topsoil as a base. Weather permitting, the trees , sod, and seed
shall be planted before Certificates of Occupancy are issued for
a lot.
12. Warranty. The Developer warrants all work required
to be performed by it against poor material and faulty work-
manship for a period of one (1) year 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 for each lot 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 that tree removal is consistent with City
Ordinance. '
14 . Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordance
with City standards .
15 . Street Lighting. Before the City signs the final
plat, the Developer shall pay the City a fee of $200 . 00 for each
street light installed in the plat. The fee shall be used by the
City for furnishing electricity for each light for twenty ( 20 )
months . ,
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
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: '
GC-4 '
IF
' i ) if the cost of the construction of public
improvements is less than $500 , 000 , three
precent ( 3%) of construction costs;
' ii) if the cost of the construction of public
improvements is between $500 ,000 and
$1 , 000 ,000 , two percent ( 2%) of construction
' costs;
iii) if the cost of the construction of public
' improvements is over $1,000 ,000 , one and one-
half percent (12%) of construction costs .
' 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 inspec-
tions. 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 offi-
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 attor-
neys ' fees .
E. The Developer shall pay in full all bills sub-
mitted to it by the City for obligations incurred under this 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
GC-5
•
the Developer as to any of the work to be performed by it '
hereunder, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense
incurred by the City, provided the Developer is first given
notice of the work in default, not less than four ( 4 ) days in
advance. This Contract is a license for the City to act, and it
shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work,
the City may, in addition to its other remedies, assess the cost
in whole or in part.
19. Miscellaneous.
A. Construction Trailers. Placement of on-site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre-construction
meeting for installation of public improvements. Trailers shall
be removed from the subject property within thirty ( 30 ) days
following the acceptance of the public improvements unless other-
wise approved by the City Engineer.
B . Postal Service. The Developer shall provide '
for the maintenance of postal service in accordance with the
local Postmaster' s request.
C. Third Parties. Third parties shall have no
recourse against the City under this Contract.
D. Breach of Contract. Beach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits , including lots sold to third parties . ,
E . Severability. If any portion, section, subsec-
tion, sentence, clause, paragraph, or phrase of this Contract is
for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
F. Delays. If building permits are issued prior
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
by written resolution of the City Council . The City' s failure to
promptly take legal action to enforce this Contract shall not be
GC-6 '
II
a waiver or release.
I . Release. This Contract shall run with the land
and may 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 will execute and
deliver to the Developer a release.
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 m
q � 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. Access. All access to the plat prior to the
City accepting the roadway improvements shall be the respon-
sibility of the Developer regardless if the City has issued
building permits or occupancy permits for lots within the plat.
0. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
GC-7
subdivision are accepted by the City. Warning signs shall be '
placed by the Developer when hazards develop in streets to pre-
vent the public from traveling on same and directing attention to
detours . If streets become impassable, the City may order that
such streets shall be barricaded and closed. The Developer shall
maintain a smooth roadway surface and provide proper surface
drainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the
streets . The City shall have complete discretion to approve or
reject the request. The City shall not be responsible for
reshaping or damage to the street base or utilities because of
snow plowing operations . The provision of City snow plowing ser-
vice does not constitute final acceptance of the streets by the
City. '
P. Soil Treatment Systems. If soil treatment
systems are required, the Developer shall clearly identify in the
field and protect from alteration, unless suitable alternative
sites are first provided, the two soil treatment sites identified
during the platting process for each lot. This shall be done
prior to the issuance of a Grading Permit. Any
violation/disturbance of these sites shall render them as unac-
ceptable and replacement sites will need to be located for each
violated site in order to obtain a building permit.
- - END OF GENERAL CONDITIONS - - -
1
GC-8 '
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DEAN WITTER REYNOLDS INC. o;r rl '�j7(2
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8300 Norman Center Drive,Bloomington,MN 55437 `9'
AUG 12 1988 _.,E -�
I ENGINEERING'� i+ q �-'
JAMES H.DONOVAN ! EE.J DEPT.
Senior Vice President,Investments
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DEAN WITTER REYNOLDS INC.
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JAMES H.DONOVAN
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IJAMES H.DONOVAN
Senior Vice President,Investments
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