1i. Dev Contract, Lake Susan Hills West CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
n `N 1 1,'. yam.. _ T
MEMORANDUM
T0: Don Ashworth, City Manager ._,`\ k° '
Rejected._`
FROM: Gary Warren, City EngineerG Date _��?
Date Subm t..
DATE: June 24, 1988
Date Subn•:,, _ 1-'
SUBJ: Approval of Development Contract
' Lake Susan Hills West , Phase II2L
' Attached please find the Development Contract for Lake Susan
Hills West, Phase II. I recommend that the City Council approve
this development contract and authorize its execution.
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements )
LAKE SUSAN HILLS WEST 1
(PHASE II)
SPECIAL PROVISIONS ,
AGREEMENT dated , 19 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation , ( "the
City") , and ARGUS DEVELOPMENT, (the "Developer" ) .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for Lake Susan Hills West (referred to
in this Contract as the "plat" ) . The land is legally described
on the attached Exhibit "A" . The Developer is developing the
plat in two phases as follows (see Exhibit "B" ) :
Phase I - Blocks 1 , 2 , 3 and 4 '
Phase II - Blocks 5 , 6 , 7 and Outlot A
This development contract covers the installation of the Phase II
improvements.
2. Conditions of Plat Approval. The final plat was
approved by the City Council on June 13 , 1988 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 June 3 , 1988" , prepared by
Probe Engineering Company, Inc.
Plan B--Grading, Drainage, and Erosion Control Plan dated
, 19 , prepared by
Probe Engineering Company, Inc.
Plan C--Plans and Specifications for Improvements dated
, 19 , prepared by
Probe Engineering Company , Inc.
Plan D--Landscaping Plan dated , 19 , I
prepared by Probe Engineering Company, Inc.
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4. Improvements. The Developer shall install and pay
II for the following:
A. Sanitary Sewer System
II B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
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F. Street Signs
G. Street Lights
H. Site Grading ( including Erosion Control)
I. Underground Utilities (e.g. gas , electric ,
telephone, CATV)
J. Setting of Lot and Block Monuments
I K. Surveying and Staking
L. Landscaping
M. Engineering
N. Construction Inspection
I5. Time of Performance. The Developer shall install
all required improvements by November 30 , 1989. The Developer
I 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.
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6. 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" )
II for $ 774, 800 . 00 . The amount of the security was calculated
as 110% of the following:
Sanitary sewer $ 98 , 944 . 00
I Watermain $ 96 , 784. 00
On-site storm sewer $ 62 , 742. 00
Streets and curb and gutter $ 140 ,726 . 00
I Street lights and signs $ 5 ,150. 00
Erosion Control and seeding $ 18 ,000 . 00
Landscaping $ 6 ,500 . 00
I Site Grading $ 215 , 443. 00
Engineering , surveying ,
and inspection $ 60 ,000 . 00
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 704,289. 00
This breakdown is for historical reference; it is not a restric-
I 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 .
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If the required public improvements are not completed at least
thirty ( 30 ) days prior to the expiration of the security, the
City may also draw it down. If the security is drawn down, the
Idraw shall be used to cure the default . With City approval , the
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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 1
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:
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Argus Development
Attn: Joseph M. Miller, President
18133 Cedar Avenue
Farmington, MN 55024
Telephone: (612 ) 431-2001 '
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
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8. Planned Unit Development Agreement. The develop-
ment of this plat is subject to a Planned Unit Development
(PUD) Agreement dated November 16 , 1987 . The terms of the POD
Agreement are incorporated herein by reference (Exhibit "C") . '
9. Other Special Conditions.
A. The applicant shall submit an amended '
landscaping plan which provides for additional landscaping on the
addition of Lake Susan Hills Drive and Pelican Court .
B. The applicant shall obtain an access permit
from Carver County for the proposed access from CR 17 ( Powers
Boulevard) and comply with the conditions of the County.
C. A five foot wide concrete off-street
trail/sidewalk shall be constructed along Lake Susan Hills Drive
and the trail shall be placed on the same side of the street in '
both phases so as to match at the Powers Boulevard intersection.
D. The construction plans shall include a landing
zone being a street grade of 0 . 5% for a minimum distance of 50
feet prior to the intersection of CSAH 17 .
E. A revised grading plan clearly delineating the
limits of area with poor soil conditions shall be submitted for
approval by the City Engineer. '
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F. Plans and specifications indicating details for
installation and supporting utilities in poor soil areas will be
required prior to construction. The revised plans shall address
the comments contained within this report.
' G. A more-pronounced drainage swale shall be
created at the rear of Lots 1 through 7 and Lots 11 through 23 of
Block 1 to convey backlot drainage to the proposed storm sewer.
H. Sidewalk/trails shall be included in the
construction documents as required by the PUD agreement.
I. The road section for Lake Susan Hills Drive and
Heron Drive shall be 35 foot back-to-back.
' J. A 20-foot wide permanent trail easement shall
be provided along Powers Boulevard for Lot 1 , Block 2.
K. Lot 4, Block 3 and Lot 1 , Block 4 shall take
utility service from Lake Susan Hills Drive sewer and water.
' L. A 20-foot utility easement shall be placed
along the storm sewer pipe which runs between Lots 5 and 6 of
Block 1 and Lots 17 and 18 of Block 1.
' M. Trails and Sidewalks. (See PUD Agreement) .
N. Parkland. (See PUD Agreement) .
' 0. Landscaping. The Developer shall provide for
the installation of landscaping in accordance with the
' Landscaping Plan , Plan D, approved by the City. The Developer
shall sod the drainage swales . All trees , grass and sod shall be
warranted to be alive, of good quality and disease free at
installation. All trees shall be warranted for 12 months after
planting.
P. County State Aid Highway (CSAH) 17. An access
' permit shall be obtained by the Developer for connection to CSAH
17 ( Powers Boulevard) . The Developer shall comply with the con-
ditions of this permit . Carver County is anticipating widening
' CSAH 17 in the future. The Developer agrees to work with the
City and the County in providing borrow sites for this widening
at such time as this project moves ahead.
' Q. Existing Assessments/Connection Charges.
Assessments exist against the plat from the Chanhassen Hills
trunk water main Project 86-2. These existing assessments will
be re-spread against the plat in accordance with City standards.
The Developer acknowledges the City' s connection charge policy
and understands that each lot will be charged for its benefit in
usage of the municipal utility trunks. This charge will be made
as a part of each individual building permit .
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R. Off-Site Easements. The Developer, at its
expense , shall acquire all perpetual easements from abutting pro-
perty owners necessary for the installation of sanitary sewer ,
storm sewer and water facilities within the subject property and
thereafter shall promptly assign said easements to the City prior
to the installation of improvements.
S. License. (See PUD Agreement) .
10. General Conditions. The general conditions of this
Contract , approved by the City Council on February 22 , 1988 , are
attached as Exhibit "D" and incorporated herein.
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CITY OF CHANHASSEN
BY: '
Thomas L. Hamilton, Mayor
(SEAL)
BY:
Don Ashworth, City Manager
ARGUS DEVELOPMENT
BY: '
Joseph M. Miller, President
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.
Notary Public '
STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this '
day of , 19 , by
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Notary Public '
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CONSENT
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, fee
I 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-
Iject property owned by them.
Dated this day of , 19
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STATE OF MINNESOTA )
) ss .
ICOUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by .
Notary Public
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