1b. Approve Revised Addendum B to Arboretum Business Park DC MORANDUM
CITYOF To:* Anita Benson,City Engineer
CHANHASSEN FROM: Dave Hempel,Assistant City Engineer j
Ulltll111tI►JU Bob Generous, Senior Planner
)0 City Center Drive,PO Box 14' DATE: June 16, 1998 '
Chanhassen,Minnesota 55317
Phone 612.9371900 SUBJ: Approve Revised Addendum B to Development Contract/PUD Agreement for s•f
General Fax 612.9375739 Arboretum Business Park-Project No. 98-10 - _
Engineering Far 6129379152 ``
'rrblic Safk Fax 612.93-.2324 =
Web uuu:ci.clrauhassen.mnus On May 11, 1998, the City Council approved final plat for Arboretum Business Park 2nd
Addition and Addendum B to the Development Contract/PUD Agreement for Arboretum
y
Business Park. Since that time,the developer has requested some changes in the addendum _
thus requiring the agreement to come back before the City Council for approval again.
-IA_ Changes in the addendum are highlighted in bold or deleted in strikeout. The attached
Addendum B extends the conditions of approval from Phase Ito also apply to the second
phase.
There is one additional request on behalf of the developer which staff is requesting City
Council clarification. This request resulted from the city's review of the site plans for All
About Lights and On the Level which are also in front of City Council for review tonight. The
design standards for Arboretum Business Park specify showroom as an ancillary use and
- define it as"showroom type display area for products stored or manufactured on-site provided
that no more than 20 percent of the floor area is used for such display and sales". Staff
interprets this to mean that no more than 20 percent of an individual building may be
"showroom". The developer believes and has prepared language to clarify this point that the -
r '. - 20 percent should be applied to the entire approved development exclusive of the approved
commercial area.
t ': r• '` , ; If City Council concurs with the developer's interpretation of showroom,then Council need
' _- only approve the proposed revisions to Addendum B. If City Council concurs with staff s
ter..'vr
interpretation of showroom, then City Council must pull this item to delete the proposed y�
'- language on Page 5,Item"2"regarding showrooms. a
T` It is therefore recommended that the City Council approve Addendum B to the Development
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Contract/PUD Agreement for Arboretum Business Park conditioned upon the developer t`
supplying the City with a letter of credit in the amount of$66,000 and administration and
recording fees in the amount of$16,455.
EN-,1, , c, idG COPY
ved ktmon No.
Attachments: 1. Revised Addendum B to Arboretum Business Park Development _,
)'oved by City Engineer Contract/PUD Agreement.
to 4%�t 1 i 5i E h 2. Breakdown of Administration Fees dated May 18, 1998. .. tom;
proved by Cite Council s
c: Fred Richter,Steiner Development s _ _
3t2 _ r_ m ects'arboreturMa mve revised addendum b.doc
-he City of Chanhassen.A growing community with dean lakes,quality school,a charming downtown,thriving businesses,and beaut f it parks.A great place to live,work,and play:
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ADDENDUM "B"
TO ARBORETUM BUSINESS PARK
DEVELOPMENT CONTRACT/PUD AGREEMENT
SPECIAL PROVISIONS
E • AGREEMENTS dated May 11, 1998, by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation ("City"), and CHASKA GATEWAY PARTNERS
LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Developer").
• 1. BACKGROUND. The parties have previously entered into a development
contract/PUD agreement for Arboretum Business Park dated August 25, 1997 (the "Development
Contract"). The Development Contract was recorded on September 12, 1997 as Carver County
Abstract Document No. 215748 and on September 12, 1997 as Carver County Torrens
Document No. T98262. The Development Contract was amended by Addendum "A" dated
September 22, 1997 ("Addendum A"). Addendum A was recorded on February 16, 1998 as -;
Carver County Abstract Document No. 222435 and Torrens Document No. T100332. The
r ;
# developer is now replatting a portion of Arboretum Business Park into Arboretum Business Park
2nd Addition.
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2. EXTENSION OF DEVELOPMENT CONTRACT, The Development Contract
= and Addendum A shall remain in full force and effect with the modifications listed in the special
conditions below.
3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the
Development Contract and Addendum A, the following amendments shall apply:
'S -'. .v. S''�. �"t }i -j cal •q. •4- tf
x 5
a) For the Arboretum Business Park 2°d Addition improvements, Plan "B"
Grading, Drainage and Erosion Control Plans dated April 4, 1997 shall be replaced with Grading,
Drainage and Erosion Control plans dated May 5, 1998,prepared by Schoell &Madson, Inc.
b) The applicant built NURP ponds for the entire site with the first phase of the
development. Credits from these NURP ponds provided the applicant with a surplus of SWMP
credits. The applicant is responsible for a water quantity fee of$126,614.00 with this phase of the
development.
c) The grading plan shall be revised to incorporate the following items: MnDOT's review
comments shall be incorporated into the final grading and development plan.
d) Final plat approval shall be conditioned upon the City awarding a bid for construction
of Public Improvement Project 97-1-D.
e) Coulter Boulevard,west of Century Boulevard, will be restricted to a right-in/right-out
only at Trunk Highway 41. All lots in Arboretum Business Park 2"d Addition shall access onto
interior streets and not Trunk Highways 41 or 5.
f) The developer shall enter into this Addendum B to the Development
Contract/PUD Agreement for Arboretum Business Park and provide a financial security in the
form of a letter of credit to guarantee site grading of Century and Coulter Boulevards,
administration fees,erosion control measures,and site restoration. Upon execution of the
addendum and receipt of the necessary fees and permits, i.e. Watershed, NPDES, the developer
may proceed with site grading operations.
g) Type III erosion control fencing will be required adjacent to wetland areas. Additional
erosion control fence may be necessary at the toe of steep slope areas and adjacent to storm water
ponds after the grading has been completed.
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h) Erosion control blankets will be required on all slopes greater than 3:1. Revegetation
of the exposed slopes shall occur immediately after grading is completed.
i) All areas disturbed as a result of construction activities shall be immediately
restored with seed and disc-mulched or wood fiber blanket or sod after completion of each
activity in accordance with the City's Best Management Practice Handbook.
j) The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission,
Health Department, Minnesota Pollution control Agency, Minnesota Department of Natural
Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply
with their conditions of approval.
k) Fire hydrants shall be incorporated per the Fire Marshal's recommendations.
1) The appropriate drainage and utility easements shall be dedicated on the final plat
for all utilities and ponding areas lying outside the right-of-way. The easement width shall be a
minimum of 20 feet wide. Consideration should also be given for access for maintenance of the
ponding areas.
m) No berming or landscaping will be allowed within the right-of-way except
landscaping along the frontage road in accordance with the Trunk Highway 5 Corridor Study.
n) The lowest floor or opening elevation of all buildings shall be a minimum of 2 feet
above the 100-year high water level.
o) The Developer shall report to the City Engineer the location of any drain tiles
found during construction and shall relocate or abandon the drain-tile as directed by the City
Engineer.
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p) Final grades adjacent to Trunk Highways 41 and 5 will be subject to review and
approval of MnDOT for compatibility with the future widening of Trunk Highway 5 and Trunk
Highway 41.
q) Landscaping along Highway 4lshall comply with Buffer yard standard C (as per city
code). Century Boulevard shall comply with Buffer yard standard B. The master landscape plan for
the Arboretum Business Park PUD shall be the design guide for all of the specific site landscape
developments. Each lot must present a landscape plan for approval with the site plan review process.
r) A 10' clear space must be maintained around fire hydrants, i.e.,street lamps, trees,
shrubs, bushes,NSP, US West, Cable TV, and transformer boxes. This is to ensure that fire
hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City
Ordinance 9-1.
s) Existing structures on the property which may be demolished require a demolition
permit. Proof of septic and well systems that are abandoned are required.
t) The project and individual site users must comply with the development design
standards attached as Exhibit C to the Development Contract.
u) Full trail fees shall be collected per city ordinance for all lots in the Arboretum
Business Park 2"Addition.
v) The developer agrees to waive any and all procedural or substantive objections to
the special assessments resulting from Project No. 97-1D improvements including, but not limited
to,hearing requirements and that the assessments as outlined in the feasibility study for Phase III
improvements of Project No. 97-1 (Coulter Boulevard Phase III)exceeds the benefit to the
property platted as Arboretum Business Park. The assessment interest rate will be bond sale rate
plus 11%, then rounded up to the nearest/%. The assessment payback is not known yet but
will be a minimum of 5 years.
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w) The developer shall dedicate to the City a temporary turnaround easement over
Lot 1, Block 1 and Lot 1,Block 2, Arboretum Business Park 2"d Addition to construct a
turnaround with a 43-foot radius at the end of Coulter Boulevard. The easement shall
automatically expire with the connection of Coulter Boulevard to Trunk Highway 41.
x) A cross-access easement shall be dedicated to the City over Lots 1 and 2, Block 2
for access to the water tower site (Outlot A). The said easement shall be thirty (30) feet wide
and centered upon the common lot line of lots 1 and 2,Block 2,Arboretum Business Park.
Said easement shall be a non-exclusive easement to be used in common with the owners and
occupants of said Lots 1 and 2.
y) All driveway access points shall be constructed in accordance with the City's
industrial driveway detail plate No. 5207.
z) For purposes of clarification, Paragraph 3 on Page 3 of Exhibit C to the
Development Contract is amended to read:
3. Showroom - Showroom type display for products stored,available for order or
manufactured on-site provided no more than 20 percent of the floor area of all of the non-
commercial uses within the PUD is used for such use.
4. RECORDING. The Development Contract and this Addendum"B" shall be recorded
against all lots and blocks and outlots in Arboretum Business Park 2nd Addition.
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IN WITNESS WHEREOF this Addendum "B" was executed by the parties the day and
year first above written.
CITY OF CHANHASSEN
BY:
Nancy K. Mancino,Mayor
(SEAL)
AND
Don Ashworth,City Manager
DEVELOPER:
CHASKA GATEWAY PARTNERS
LIMITED PARTNERSHIP
BY: STEINER DEVELOPMENT, INC.
Its General Partner
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
1998, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and 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 , 1998,
by ,the of
Steiner Development, Inc., a Minnesota corporation and the general partner of Chaska Gateway
Partners Limited Partnership, a Minnesota limited partnership on behalf of the limited partnership.
Drafted by:
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
(612) 937-1900
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CITY OF CHANHASSEN
ARBORETUM BUSINESS PARK 2r1D ADDITION
PROJECT NO. 98-10
BREAKDOWN OF ADMINISTRATION FEES -5/5/98 Revised 5/18/98
Estimated Total Cost of Public Improvements $60,000.00
- 3% of Public Improvement Costs (Under$500,000) $ 1,800.00
- Final Plat Process (Escrow For Attorney Fee for Review and Recording of Plat
and Development Contract) $ 400.00
- Recording Fees
a. Addendum"B"to Development Contract/PUD Agreement $ 30.00
b. Plat Filing $ 30.00
c. Turnaround Easement $ 30.00
- 1/3 Trail Fees(28.1 acres at$1,500 per acre/3) $ 14,050.00
- SWMP Fees (Water Quantity- 29.04 Acres x 4,360 per acre) $0
(Developer used SWMP Quantity Credits)
- GIS Fees ($25 per plat and$10 per parcel) $ 115.00
TOTAL ADMINISTRATION FEES S16,4-75.011
c: Todd Hoffman, Park&Recreation Director
Phillip Elkin,Water Resources Coordinator
Fred Richter, Steiner Development
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