1c2. Bluff Creek Corporate Center Approve DC .gila
CITY OF MEMORANDUM
CIIANHASSEN TO: Anita Benson, City Engineer
City Center Drive,PO Box 147 FROM: David Hempel, Assistant City Engineer
anhassen,Minnesota 55317 ._
Phone 612.937.1900
DATE: June 16, 1998
general Fax 612.937.5739 SUBJ: Approve PUD Agreement/Development Contract for Bluff Creek
;ineering Fax 612,937.9152 Corporate Center- Project No. 98-13
lic Safety Fax 612.934.2524 -
.b uvow.ci.chanbassen.am.us
The attached PUD Agreement/Development Contract incorporates the conditions of
approval from the final platting review process. There are no utility or street
improvements involved in this subdivision proposal. The final plat contains three outlots
and right-of-way dedication for Coulter Boulevard and Stone Creek Drive. No further
development of the site will be permitted without the final platting of the outlots into lots
and blocks and preparation of detailed construction plans and specifications for City
Council approval. There is no financial security required with this phase. The
administration fees total $595.00 for review and recording of the final plat, Development
Contract/PUD Agreement and GIS fees.
• It is therefore recommended that the PUD Agreement/Development Contract dated
June 22, 1998 be approved conditioned upon the following:
1. The applicant shall enter into the PUD Agreement/Development Contract and pay
the City an administration fee of$595.00
jms
Attachments: 1. PUD Agreement/Development Contract dated June 22, 1998. _:
2. Breakdown of administration fees dated June 16, 1998. ---
c: Liv Homeland, Landgroup, Inc.
\'cfsl\vol2\eng'projects\btuff creek corp.ctr\approve do memo.doc t
FICIAL ENGINEERING COPY
;eived
ision No.
approved by City Enginee
Date 6 `I(o -918 7�� 115
Approved by Cty Council
Date
;ty of Chanhassen.A growing connnun4 with clean lakes,quality sch ols,a thanningdowtuown,thrivingbusinesses,and beautiful ales Agreat place to live,work,and play
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING CERTAIN PROPERTY
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby
amended by rezoning all property within the following plat from Agricultural Estates (A2) to
Planned Unit Development(PUD):
Bluff Creek Corporate Center
Section 2. The rezoning of this property is subject to the plans dated stamped received June
5, 1998.
Section 3. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning,but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations, references, and other information shown thereon are hereby incorporated by reference
and made a part of this ordinance.
Section 4. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 22nd day of June, 1998.
ATTEST:
Don Ashworth,City Manager Nancy K. Mancino, Mayor
(Publish in the Chanhassen Villager on
City Council Meeting- April 27, 1998
Surface Water Management Plan for the City Engineer to review and approve. The developer shall
provide detailed pre-developed and post developed stormwater calculations for 100-year storm events
and normal water level and high water level calculations in existing basins,created basins,and or
creeks. Individual storm sewer calculations between each catch basin segment will also be required to
determine if sufficient catch basins are being utilized. In addition,water quality ponding design
calculations shall be based on Walker's Pondnet model.
24. The developer will meet wetland rules and regulations as stated in Corps of Engineers section 404
permit,the State Wetland Conservation Act,and the City's Wetland Ordinance. Mitigation work shall
be implemented prior to or concurrent with wetland fill activity in all phases of the project.
25. The developer 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.
26. The applicant 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."
27. The applicant shall comply with the Bluff Creek ordinance as interpreted by the planning staff,
specifically 100 foot setbacks with 50 foot buffer area from the creek.
28. A cellular antenna connected onto the building or building structures will be reviewed as a Conditional
Use Permit.
29. The issue regarding food service being available in a industrial office building shall come back to the
City Council at a future date for review.
All voted in favor and the motion carried unanimously.
Mayor Mancino: Also I think another thing«e'd like to see Bob is kind of a clean cut. I mean what is the
difference between a deli,a restaurant...
COUNCIL PRESENTATIONS:
Councilman Mason: I move approval of resolution authorizing acquisition of property for the 1998 trail
project.
Councilman Senn: I'll second it on the basis that...
Mayor Mancino: Go ahead.
Councilman Senn: I'd second it on the basis that before we actually...into it,we figure out some good way
to communicate with the people rather than through a court notice.
Councilman Mason: A personal note from the Mayor.
Councilman Senn: Well maybe our attorney should...explain to them what's going on...and Hoffman
should go along with them as kind of.
38
City Council Meeting- April 27, 1998
13. The developer shall notify the Federal Emergency Management Agency(FEMA)regarding
amendment to the existing floor plain boundary. The developer will be responsible for providing
FEMA the necessary documentation to have the Federal Flood Plain maps changed to reflect
developed conditions.
14. The developer shall work with MnDOT in coordinating site grading and access to the site to be
compatible with MnDOT's upgrading of Trunk Highway 5 construction plans. In addition,the
developer shall coordinate the adjustment,relocation,and cost of the power lines with MnDOT.
15. The developer shall dedicate on the final plat public drainage and utility easements over the existing
and proposed utilities and drainageways(creeks).
16. No building shall be permitted to encroach upon drainage or utility easements or impede access to
perform maintenance functions to the utility system.
17. Individual driveway access points as well as sidewalks/crosswalks along Stone Creek Drive shall be
re-evaluated with the individual site plans. There are numerous access points onto Stone Creek
Drive which staff believes can be reduced and spaced further apart to improve and minimize turning
movements into the site. It may also be appropriate to construct sidewalks on both sides of Stone
Creek Drive to direct pedestrian traffic to a safe crossing point along Stone Creek Drive.
18. Depending on MnDOT's construction schedule and phasing of this project,the right-in/right-out
access onto Trunk Highway 5 may have to be constructed by the developer. Security and/or
language in the development contract will be required to guarantee construction of the right-in/right-
out access and right turn lanes on Trunk Highway 5.
19. Grading,drainage, and erosion control plan needs to be revised in accordance with the City's Best
Management Practice Handbook. Erosion control fence needs to be added throughout the site. Type
III erosion control fence shall be installed adjacent to the wetlands,creeks at the base of slopes in
areas exceeding 3:1 slopes. The plans should also include temporary sediment basins to
accommodate site runoff during the grading operation. Additional erosion control fence will be
required adjacent to the pond once the pond has been constructed.
20. Upon completion,the developer shall dedicate to the City the utility and street improvements within the
, public right-of-way and drainage and utility easements for permanent ownership.
21. All areas disturbed as a result of construction activities shall be immediately restored with seed and
disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in
accordance with the City's Best Management Practice Handbook.
22. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance.
The City will install wetland buffer edge signs before accepting the utilities and will charge the
developer$20 per sign. Wetland buffer areas shall be surveyed and staked in accordance with the City's
wetland ordinance. The City will provide wetland buffer edge signs and charge the developer$20 per
sign. The developer shall verify the location of these signs with the City's Water Resources
Coordinator and shall install these signs before the utilities are accepted.
23. The developer shall provide detailed storm sewer calculations for 10-year and 100-year storm events
and provide ponding calculations for stormwater quality/quantity ponds in accordance with the City's
37
City Council Meeting-April 27, 1998
• Additional native overstory trees and shrubs selected from the Bluff Creek Management Plan
shall incorporated into the landscaping around the proposed pond and western parking lots
between the church and the building fronting Highway 5.
3. The development shall pay full park and trail fees pursuant to city ordinance. The developer shall
dedicate to the City an easement for trail purposes,20-foot wide over all existing and proposed trail
segments.
4. The proposed industrial development of 19.33 net developable acres is responsible for a water quality
connection charge of$89,556 and a water quantity fee of$84,279. The developer will be eligible for
credit to the water quality fee based on stormwater treatment designs. These fees are payable to the
City prior to the City filing the final plat.
5. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. Fire hydrants shall placed
a maximum of 300 feet apart. A 10 foot 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.
6. All 34 boulevard trees along Coulter Boulevard shall be preserved and guaranteed by the applicant.
Where trees need to be removed for entrances,they must be replaced elsewhere along Coulter
Boulevard. Protective tree fencing shall be installed around all boulevard trees prior to any grading
activity. No landscaping or berming shall be placed within Stone Creek Drive right-of-way.
7. The developer shall supply the City with a detailed haul route for review and approval by staff for
materials imported to or exported from the site. If the material is proposed to be hauled off-site to
another location in Chanhassen,that property owner will be required to obtain an earthwork permit
from the City
8. All ponding basin side slopes shall be 4:1 overall or 3:1 with a 10:1 bench at the normal water
elevation. Consideration for maintenance access shall also be incorporated into the design.
9. The public street and utility improvements throughout the development will require detailed
construction plans and specifications in accordance with the City's latest edition of standard
specifications and detail plates. Final construction plans and specifications shall be submitted to
staff for review and City Council approval a minimum of three weeks prior to final plat
consideration. The private utilities shall also be constructed in accordance with City's Standard
Specifications and Detail Plates and/or state plumbing codes.
10. The developer will be required to enter into a PUD Agreement/Development Contract with the City
and provide the necessary financial security to guarantee utility and street construction as well as the
final plat conditions of approval.
11. The proposed wet tap on the watermain near the trail in the southeasterly corner of the site shall be
relocated to avoid interference with the existing trail.
12. The City's standards for boulevard street lighting shall be incorporated in the public portion of the
street improvements.
36
City Council Meeting-April 27, 1998
Mayor Mancino: ...office/industrial park because again if we open it up,I want to know what precedent it
sets. What fairness issues we get into,etc. And I want to know,I think it's been the feeling of the Council
not to have it be a restaurant. I get that from everybody....
Councilman Mason: Oh,absolutely. Absolutely. Absolutely. Absolutely.
Mayor Mancino: What happens if this becomes...more specific to an office building for that office
building,for the employees that work there. Some research on when that happens. Does it draw from the
other industrial parks around it. Certainly does downtown,everybody goes to the Pillsbury building,goes to
the cafeteria there. So it will draw, and what it does to parking. I have some now concerns if we are giving
a preliminary PUD approval,are we giving site plan approval? We aren't are we. Okay. So also what
affect that it will have on parking. I mean are those the...
Councilman Senn: Yeah.
Mayor Mancino: So we'll go with the original motion.
Councilman Senn: Motion and I'll amend it to take out the determination on the cafeteria for now on the
basis that staff come back with some recommendations and we'll revisit it at a future meeting.
Councilman Engel: I'll second that.
Councilman Senn moved,Councilman Engel seconded to grant preliminary approval of PUD#97-2,
including the Wetland Alteration Permit to fill the small wetland located in the northern portion of
the site and Conditional Use Permit for grading and filling in the flood plain,subject to the following
conditions:
1. The church facility shall commit to provide approximately 153 parking stalls for the industrial office
users of the property. In addition,the office and industrial site shall provide parking facilities for the
church. A document acceptable to the city,protecting the joint use of the parking facilities,shall be
recorded.
2. The landscape plan shall be revised as follows:
• The developer shall add understory trees to the landscaping along Highway 5.
• The developer shall add native overstory trees to the proposed plantings with the Bluff Creek
corridor. Recommended species can be found in the Bluff Creek Management Plan.
• All Amur maples shall be removed from the Bluff Creek planting plan and replaced with an
understory species recommended by the Bluff Creek Management Plan.
• All landscape islands shall be a minimum of 10 feet wide. If islands do not meet minimum
width,aeration tubes will be required.
• The developer shall revise the landscape plan to include overstory boulevard trees every 30'
along Stone Creek Drive. If 30' is not possible because of lighting or access points,the
closest spacing will be accepted(i.e.40 feet,etc.).
35
City Council Meeting-April 27, 1998
Mayor Mancino: Well let's go ahead with a new motion then. If you want to give a motion. That motion
didn't,or is there,or does the old motion want to come back up again?
Councilman Senn: Well I mean, Steve? Mike? I mean give me some alternatives. I mean what are you
talking about? Something including seating area,less than 500 square feet?
Councilman Berquist: Well,I'm looking at practically,to my way of thinking...number but really 1,500
square feet including service area,including storage,including freezers or the cooler,as well as seating,
you're not going to,I mean you're going to have maybe 25 to 30 people in there. Otherwise they're going
to be right on top of each other and the hours of 7:30 to 5:00 are very restrictive....What is served. It has to
be prepared food and brought in that way. It can't be prepared on site and... Perhaps with those sorts of
restrictions they would choose not to even do it. It may not be viable. I look at it as an amenity for the
district. I look at it as a method by which...the tenancy can be enhanced. I don't see,what I'm envisioning
as being a threat to the downtown. I see it.
Councilman Engel: Roger,what's your take on all this? Can we do this?
Roger Knutson: ...sure.
Councilman Senn: But you say 1,500 square feet. I mean that's a Bruegger's. That's a Caribou. That's
whatever. I mean just to put it into perspective to you,that's what you're talking about.
Councilman Mason: Okay,that's why I'm suggesting changing it because I'm not conversant enough in
sizes and restaurants and this and anything to put any kind of square footage on it right now. But I think it
is something worth visiting. But I'm not,like I say, 1,500, 1,000,2,000,500,I don't know.
Mayor Mancino: Remember we also have an industrial office park coming into the east of this too.
Councilman Senn: Well and you have one coming to the west where there's already restaurant uses and
these type of uses approved too.
Mayor Mancino: Well,you can certainly make a motion.
Councilman Senn: I mean if everybody's more comfortable I'll just take the cafeteria element out of it for
now,but I don't think it's going to be an easy issue to resolve.
Councilman Mason: Well it may not be and ultimately I might say I don't want it. I'd like to have,quite
honestly I very possibly may say I don't want it but I would like to see what some options are.
Councilman Senn: Okay,let's just pull it out right now and say that issue's got to be re-visited then.
Mayor Mancino: And direct staff to come back.
Councilman Senn: Yeah,with some options for us.
Councilman Mason: And I think that both staff and the applicant knows our concerns...
34
City Council Meeting- April 27, 1998
Councilman Berquist: If that's the.
Mayor Mancino: Should we revote?
Councilman Berquist: If it's as simple as that...
Councilman Mason: Mayor. I wonder if it would be,if anyone would consider dealing with everything
with the exception of the,leaving the cafeteria question open at this point and just see what staff and the
applicant could come up with. I feel like,I'm not going to say I'm caught in the middle here but I do think I
understand exactly what Councilman Senn is saying and I agree with what he's saying 100%. However if
we could come up with something that our attorney would consider full proof,well. Well,I know...with
this group fording anything fool proof is at best a risky venture,but something that would give us some solid
ground. Because I do share Mayor Mancino's and Councilman Senn's concern. But I also think if we can
figure out some way,and I don't even know if we need 60 people in there quite honestly. And I don't even
know if you need those long of hours in there. Well,so maybe we don't need 60 people. What I'm saying
is,can we move on everything else tonight and leave that cafeteria question open?
Councilman Senn: Let me attempt to respond to that,okay?
Councilman Mason: Sure.
Councilman Senn: If you're going to move on everything else tonight,how are you going to fix your
parking when you agree to where the cafeteria goes because the parking requirements for a cafeteria are
going to be much higher than the office are.
Councilman Engel: I think the cafeteria that he's considering is a walk to thing...
Councilman Senn: But what I'm saying,in reality you can't look at it that way.
Councilman Mason: Okay,I guess and I'm just shooting from the hip now but I'm looking at something so
small that you come in and buy a cup of coffee and a muffin and that's it. Maybe there aren't even seats.
Maybe they're just stools. Not even stools. You know the high tables or what,or maybe there's no seating
at all.
Councilman Engel: What if the hours are 7:30 to 3:00?
Councilman Mason: Yeah,maybe there's no seating. Maybe it's just something where you can,you know
there's the refrigerator deal with some sandwiches and the pop and that's it.
Councilman Senn: ...but from my standpoint if a person wants most of the things you've described,it can
be handled in vending.
Councilman Mason: True.
Councilman Senn: If they want a fresh product or something like that,they can stop at all the existing
places in the future planned places we have that are going to deliver those services. Again,you're talking
now about kind of starting to create hybrids of land use you know that are outside effectively of what.
33
City Council Meeting-April 27, 1998
21. All areas disturbed as a result of construction activities shall be immediately restored with seed and
disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in
accordance with the City's Best Management Practice Handbook.
22. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance.
The City will install wetland buffer edge signs before accepting the utilities and will charge the
developer$20 per sign. Wetland buffer areas shall be surveyed and staked in accordance with the City's
wetland ordinance. The City will provide wetland buffer edge signs and charge the developer$20 per
sign. The developer shall verify the location of these signs with the City's Water Resources
Coordinator and shall install these signs before the utilities are accepted.
23. The developer shall provide detailed storm sewer calculations for 10-year and 100-year storm events
and provide ponding calculations for stormwater quality/quantity ponds in accordance with the City's
Surface Water Management Plan for the City Engineer to review and approve. The developer shall
provide detailed pre-developed and post developed stormwater calculations for 100-year storm events
and normal water level and high water level calculations in existing basins,created basins,and or
creeks. Individual storm sewer calculations between each catch basin segment will also be required to
determine if sufficient catch basins are being utilized. In addition,water quality ponding design
calculations shall be based on Walker's Pondnet model.
24. The developer will meet wetland rules and regulations as stated in Corps of Engineers section 404
permit,the State Wetland Conservation Act,and the City's Wetland Ordinance. Mitigation work shall
be implemented prior to or concurrent with wetland fill activity in all phases of the project.
25. The developer 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.
26. The applicant 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."
27. The applicant shall comply with the Bluff Creek ordinance as interpreted by the planning staff,
specifically 100 foot setbacks with 50 foot buffer area from the creek.
28. A cellular antenna connected onto the building or building structures will be reviewed as a Conditional
Use Permit.
29. No food service shall be allowed in any of the industrial buildings.
All voted in favor except Councilman Berquist who opposed,and Councilman Mason who abstained.
The motion failed,needing a 4/5 vote to pass.
Roger Knutson: Mayor,it takes a 4/5 vote to pass.
Councilman Senn: On all of them?
Roger Knutson: On the PUD.
32
City Council Meeting-April 27, 1998
consideration. The private utilities shall also be constructed in accordance with City's Standard
Specifications and Detail Plates and/or state plumbing codes.
10. The developer will be required to enter into a PUD Agreement/Development Contract with the City
and provide the necessary financial security to guarantee utility and street construction as well as the
final plat conditions of approval.
11. The proposed wet tap on the watermain near the trail in the southeasterly corner of the site shall be
relocated to avoid interference with the existing trail.
12. The City's standards for boulevard street lighting shall be incorporated in the public portion of the
street improvements.
13. The developer shall notify the Federal Emergency Management Agency(FEMA)regarding
amendment to the existing floor plain boundary. The developer will be responsible for providing
FEMA the necessary documentation to have the Federal Flood Plain maps changed to reflect
developed conditions.
14. The developer shall work with MnDOT in coordinating site grading and access to the site to be
compatible with MnDOT's upgrading of Trunk Highway 5 construction plans. In addition,the
developer shall coordinate the adjustment,relocation,and cost of the power lines with MnDOT.
15. The developer shall dedicate on the final plat public drainage and utility easements over the existing
and proposed utilities and drainageways(creeks).
16. No building shall be permitted to encroach upon drainage or utility easements or impede access to
perform maintenance functions to the utility system.
17. Individual driveway access points as well as sidewalks/crosswalks along Stone Creek Drive shall be
re-evaluated with the individual site plans. There are numerous access points onto Stone Creek
Drive which staff believes can be reduced and spaced further apart to improve and minimize turning
movements into the site. It may also be appropriate to construct sidewalks on both sides of Stone
Creek Drive to direct pedestrian traffic to a safe crossing point along Stone Creek Drive.
1.8. Depending on MnDOT's construction schedule and phasing of this project,the right-in/right-out
access onto Trunk Highway 5 may have to be constructed by the developer. Security and/or
language in the development contract will be required to guarantee construction of the right-in/right-
out access and right turn lanes on Trunk Highway 5.
19. Grading,drainage,and erosion control plan needs to be revised in accordance with the City's Best
Management Practice Handbook. Erosion control fence needs to be added throughout the site. Type
III erosion control fence shall be installed adjacent to the wetlands,creeks at the base of slopes in
areas exceeding 3:1 slopes. The plans should also include temporary sediment basins to
accommodate site runoff during the grading operation. Additional erosion control fence will be
required adjacent to the pond once the pond has been constructed.
20. Upon completion,the developer shall dedicate to the City the utility and street improvements within the
public right-of-way and drainage and utility easements for permanent ownership.
31
City Council Meeting-April 27, 1998
• The developer shall add native overstory trees to the proposed plantings with the Bluff Creek
corridor. Recommended species can be found in the Bluff Creek Management Plan.
• All Amur maples shall be removed from the Bluff Creek planting plan and replaced with an
understory species recommended by the Bluff Creek Management Plan.
• All landscape islands shall be a minimum of 10 feet wide. If islands do not meet minimum
width,aeration tubes will be required.
• The developer shall revise the landscape plan to include overstory boulevard trees every 30'
along Stone Creek Drive. If 30' is not possible because of lighting or access points, the
closest spacing will be accepted(i.e.40 feet,etc.).
• Additional native overstory trees and shrubs selected from the Bluff Creek Management Plan
shall incorporated into the landscaping around the proposed pond and western parking lots
between the church and the building fronting Highway 5.
3. The development shall pay full park and trail fees pursuant to city ordinance. The developer shall
dedicate to the City an easement for trail purposes,20-foot wide over all existing and proposed trail
segments.
4. The proposed industrial development of 19.33 net developable acres is responsible for a water quality
connection charge of$89,556 and a water quantity fee of$84,279. The developer will be eligible for
credit to the water quality fee based on stormwater treatment designs. These fees are payable to the
City prior to the City filing the final plat.
5. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. Fire hydrants shall placed
a maximum of 300 feet apart. A 10 foot 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.
6. All 34 boulevard trees along Coulter Boulevard shall be preserved and guaranteed by the applicant.
Where trees need to be removed for entrances,they must be replaced elsewhere along Coulter
Boulevard. Protective tree fencing shall be installed around all boulevard trees prior to any grading
activity. No landscaping or beaming shall be placed within Stone Creek Drive right-of-way.
7. The developer shall supply the City with a detailed haul route for review and approval by staff for
materials imported to or exported from the site. If the material is proposed to be hauled off-site to
another location in Chanhassen,that property owner will be required to obtain an earthwork permit
from the City
8. All ponding basin side slopes shall be 4:1 overall or 3:1 with a 10:1 bench at the normal water
elevation. Consideration for maintenance access shall also be incorporated into the design.
9. The public street and utility improvements throughout the development will require detailed
construction plans and specifications in accordance with the City's latest edition of standard
specifications and detail plates. Final construction plans and specifications shall be submitted to
staff for review and City Council approval a minimum of three weeks prior to final plat
30
City Council Meeting-April 27, 1998
the business day,not on weekends. Maybe 7:30 in the morning until 5:00 so you could come and get
coffee on the way into their office. We would be willing to suggest that the size be limited to let's say
1,500 square feet so it might be 60-70 people. Those two would be excellent options for us. We would
agree with you Councilman Berquist that business parks or office buildings that we have done that have
been by themselves,where you've had to get into your car and drive away,are not as desirable as one
where you can simply walk to or be part of a building that does have the food service. That's simply why
we're doing this. We do not intend,obviously to pull people from the downtown. That's not our
suggestion here so we'd be pleased to abide by those two suggestions.
Councilman Berquist: Hang on, forgive me Mr. Krank. You said that the conditions on the footage and
what did you say?
Ron Krank: Right. Hours. 7:30 to 5:00. And let's say 1,500 square feet. 1,200 for kitchen and
dishwashing and maybe 60 seats. 70 seats. Something like that.
Councilman Berquist: And practically, one building or the other? I mean that's something that would be
amenable?
Ron Krank: Yes. Only one building.
Councilman Berquist: Slippery slope.
Mayor Mancino: Can I have a motion?
Councilman Senn: I'll move approval of preliminary PUD,preliminary plat approval for wetland
alternation permit, conditional use permit to excavate fill and grade,based on the conditions in the staff
report with the following clarifications and/or changes. The 100 feet would be a measurement from the
creek versus the pond. There'd be no waiver on park dedication. Park and trail dedication fees. An
antenna,CUP may be applied for and it would be considered as a CUP as long as it's incorporated into
the design of the building. Let's see here. And let's see,no food service use in the multi-tenant
buildings.
Mayor Mancino: Okay,is there a second to the motion? I'll second it.
Councilman Senn moved,Mayor Mancino seconded to approve preliminary approval of PUD #97-
2,including the Wetland Alteration Permit to fill the small wetland located in the northern portion
of the site and Conditional Use Permit for grading and filling in the flood plain,subject to the
following conditions:
1. The church facility shall commit to provide approximately 153 parking stalls for the industrial office
users of the property. In addition,the office and industrial site shall provide parking facilities for the
church. A document acceptable to the city,protecting the joint use of the parking facilities,shall be
recorded.
2. The landscape plan shall be revised as follows:
• The developer shall add understory trees to the landscaping along Highway 5.
29
City Council Meeting-April 27, 1998
whatever. What you're really talking about is the non-single use or the multi-tenant buildings. Okay,
and if you effectively reflect back on what our philosophy's been,not only as it relates to downtown but
as we've zoned property for specific uses,you know and separated those out and spread them around
effectively through the corridor and elsewhere else to service those people,I think that's,I mean as soon
as you start departing from that,you're going to end up with this building's going to have a Bruegger's in
it. You know,this one's going to have a Caribou in it. You know whatever,and I don't know how we're
going to control that. I mean I think that's going to very,very difficult to do once you effectively break
the floodgates so to speak. I understand what you're saying by trying to limit it by square footage or
something like that but to me that's going to be difficult at best to define and then I mean if you define it
by the food service. Do you define it by the seating? You know if you define it by the food service,well
then you can just abuse the hell out of it on seating. I mean I don't know. I mean to me it's just kind of
like,you know it's an area,do you want to go there and kind of the better part of my judgment says no.
Let's not go there. Let's stick with the philosophy we've had and also allow the businesses who are
effectively invested greater dollars in the property for those types of uses,to enjoy you know the
potential or the benefits of those versus using you know effectively you know lower priced land or
whatever to do it.
Mayor Mancino: Once Highway 5 gets upgraded and you go underneath Highway 5,there may be...
Councilman Senn: Well there's one zoned for there so. So I mean there should be stuff.
Councilman Berquist: The answer is vending machines are going to be it for,that's what's going to
happen. There's going to be a series of.
Councilman Senn: That's what happens at most multi-tenant buildings,correct.
Councilman Berquist: Long Lake just went through this and they chose to look at it from a...as to how
large an area it could be. I look at it from a standpoint that,do we really want, if I'm a worker, if I'm in
here doing work and I want a sandwich, is it in anybody's best interest to...jump in my car and drive into
town to pick the sandwich up,get back in my car and drive all the way back.
Councilman Mason: Of course I've been bringing my lunch to work for about 10 years now so.
Councilman Berquist: Well,you're anomaly.
Councilman Senn: Maybe the easiest way for me to answer that is I'll throw you in my car and I'll take
you over to a place on Washington Avenue in Eden Prairie where somebody came into literally an open
warehouse building, started out with about a 500 square foot restaurant to service the industrial
employees in the area. That restaurant I believe is now probably somewhere in the neighborhood of
5,000 square feet. Inside an industrial building. Taking up industrial space. Now attracting and
servicing a crowd which it has no parking to service and a whole bunch of other things. And I even
frequent the place so I mean. But I'm just saying, Steve that's the problem. I mean how do you get into
it. How do you control those things?You know how do you,you know. How do you keep your thumb
on it and how do you police it? And so again we've tried to lay those services. Yeah,lay those services
out where we plan on services on servicing those areas and people have made their land decisions based
on that. I don't feel like kind of,how would I say it,reinventing the wheel on it at this point.
Ron Krank: We are proposing the food service operations simply to enhance the users of the park,the
office park. We really feel it makes a lot of sense. We're willing to suggest that the hours be only during
28
City Council Meeting-April 27, 1998
want one,I don't want one in both of them necessarily but I would be amenable to one in one building,
tied to square footage...with the goal being to be protective of the downtown.
Mayor Mancino: Okay. This is,number one this has come a long way. I think it has worked very
well... position,etc. So I'm really happy with it. A couple of comments is I just want to make sure that
on Highway 5 that the parking,as we've done the Highway 5 corridor,we were not going to have parking
abutting Highway 5 so I just want to make sure that that's screened. And not just from Coulter
Boulevard but from Highway 5 also. Secondly,as far as the 100 feet from the creek, I'm fine with that. I
wanted to make sure that that is what we had set up and said from the very beginning in January. Park
and trail fees. No,I would not waive those. And I certainly wouldn't waive height restrictions for
signage at this point. If you came in and showed where you want the sign and if it was in a lower area,
we could certainly look at that for a variance. But I am not even in favor,under signage,of having a sign
on Highway 5 that's 20 feet in height. In fact you'll find in most,in Chanhassen in our business parks
that are abutting Highway 5, I don't think there is a 20 foot sign. Now there is in our CBD, in our central
business district, but in our office park I don't think we have any 20 foot signs on Highway 5. Do we
Bob at this point?
Bob Generous: Not that I can remember.
Mayor Mancino: And this being a very classy,really nice office park,I would not be in favor of a 20
foot sign on TH 5. I think we've handled it very well. Now if in case, as Jim brought up,the land,the
contour of the land is down and it's not level with Highway 5,then I can understand it being a little
tougher but you know mostly monument signage. The amending the design standards to allow antennas,
again that's a conditional use permit which is fine with me. If it comes in and it's just... I do have a
problem with a restaurant. I would not be in favor... What else? I also just wanted to commend the
developer and the church on what you're going to add to Bluff Creek and I think it will be exciting. The
prairie grasses and sticking with some of the indigenous native area that we have. So I think it will be
wonderful for the church and hopefully your industrial park people that come and are in the offices will
enjoy the creek also. You need to know that Pillsbury,they have very,very active environmental group
at Pillsbury and they do clean-up on the creek and have also been very interested in the trails and what
they can do. They actually,one of the people that work at Pillsbury has decided to live in Chanhassen
and decided to be a member of the Environmental Commission so we do want to pull in our corporate
users into what we're doing,the amenities in our city so that not only our residents but those that are
working here can...
Councilman Berquist: Can I ask a question?
Mayor Mancino: Yes.
Councilman Berquist: Regarding your reluctance to accept a restaurant... Is it your belief that, since you
spend a lot more time in these types of buildings than I do,is it your belief that the services,the snack
services,the soda,sandwich,chili, sorts of services,that could be provided to occupants of buildings like
these,can be done well via vending machines? Because that's what's going to end up happening.
Mayor Mancino: Well restaurant is very different than an area in an office complex where you can go
down and buy a coke or you can go down and buy a packaged goods. A restaurant.
Councilman Senn: I agree. I mean you know because essentially you have to separate two types of
buildings here. Okay,where you have a single user,they can put in their own employee cafeteria or
27
City Council Meeting-April 27, 1998
Councilman Senn: That's it?
Steve Edwins: Yeah. Just to summarize,the amount of parking on the site is planned to be 15 plus 55
which adds up to 70 spaces. Over and above the shared parking requirement.
Mayor Mancino: Is that helpful for you?
Councilman Senn: Yes.
Councilman Mason: I agree with Councilman Senn about the 100 foot line. I don't have any trouble
with that. I also agree with,I think they need to pay the park and trail fees. The tower deal I'm also okay
with. Well we do differ,no. I'm not going to say we differ on the deli,but I'm not as opposed as
Councilman Senn is to that. I think if it's something small,no more than x number of people or
whatever,I can see some kind of need for something like that there. I don't see that as a restaurant
drawing things off downtown so much as I do a quick snack kind of thing.
Mayor Mancino: So you would...deli restaurant into a square footage then?
Councilman Mason: Whatever formula, yeah. Yeah. But other than that I think Mark and I are in
pretty much agreement with everything else.
Mayor Mancino: Okay. Councilman Engel.
Councilman Engel: Yeah, I think I'm probably just going to echo some of the things they said. I'm
alright with the setback variance. I have no problem with that. The cafeteria, initially I'm a little chilly
to, to be honest with you but it depends on the size. If it's small. If it's small,pardon the pun right. If
it's small, I would not have a problem with that. I'd just like to see the size. So I would like to see the
size projected. Number of people. Square footage dedicated to it. I can be convinced on that one.
Tower okay. No waiver on park and trail. I don't think we do that for anybody. Parking spots on the
lower expansion, if we can't come up with,work around there. Perhaps a circle drive thru, something
like St. Hubert's has for drop off and pick up. But...hard and fast on that one either.
Mayor Mancino: Councilman Berquist.
Councilman Berquist: Well, if we're not going to let a restaurant go in there,we should let a lumber
yard.
Councilman Engel: Where'd that one come out of?
Councilman Berquist: I think we're all pretty much thinking along the same lines, at least the four men.
Simply the fact that we are four men that happen to be thinking alike at this point...
Councilman Mason: How does that fillet of sole taste Councilman Berquist?
Councilman Berquist: ...I'm okay with the line that we're talking about. I'm okay with the footprint. I
want park and trail fees I'm afraid. I have no problems with the bell tower or something similar being
used for a telecommunications facility. So that's 3 of the 4. The sign issue we do not need to address.
The restaurant issue, I've been at a lot of office buildings. Not too many office/warehouse buildings but
a lot of warehouse buildings that have some form of a deli or restaurant or coffee shop. I don't think I'd
26
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES , MINNESOTA
BLUFF CREEK CORPORATE CENTER
DEVELOPMENT CONTRACT/PUD AGREEMENT
( Developer Installed Improvements )
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1 . REQUEST FOR PLAT APPROVAL SP-1
2 . CONDITIONS OF PLAT APPROVAL SP-1
3 . DEVELOPMENT PLANS SP-1
4 . IMPROVEMENTS SP-1
5 . TIME OF PERFORMANCE SP-1
6 . NOTICES SP-2
7 . OTHER SPECIAL CONDITIONS SP-2
8 . GENERAL CONDITIONS SP-3
GENERAL CONDITIONS
1 . PHASED DEVELOPMENT GC-1
2 . EFFECT OF SUBDIVISION APPROVAL GC-1
3 . IMPROVEMENTS GC-1
4 . IRON MONUMENTS GC-1
5 . LICENSE GC-1
6 . PARK AND TRAIL DEDICATION GC-1
7 . EXISTING ASSESSMENTS GC-2
8 . RESPONSIBILITY FOR COSTS GC-2
9 . MISCELLANEOUS
A. Third Parties GC-2
B. Severability GC-3
C. Waivers/Amendments GC-3
D. Release GC-3
E. Remedies GC-3
F . Assignability GC-3
G. Variances GC-3
H. Compliance with Laws, Ordinances, and Regulations GC-3
I . Proof of Title GC-4
i
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BLUFF CREEK CORPORATE CENTER
SPECIAL PROVISIONS
AGREEMENT dated June 22, 1998, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City" ) , and,
BLUFF CREEK PARTNERSHIP, a Minnesota corporation (the "Developer" ) .
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for BLUFF CREEK CORPORATE CENTER (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 .
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 coi►uiencement 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: Final plat approved June 22 , 1998, prepared by Schoell &
Madson, Inc .
4. Improvements. The Developer shall install and pay for
the following:
A. Setting of Property Corner Monuments
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1998. 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.
Revised 2/21/90
SP-1
6. 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:
Land Group, Inc. and Bluff Creek Partners
123 North Third Street
Minneapolis, MN 55401
Telephone: (612) 330-3300
Facsimile: (612) 334-5675
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 City Center Drive, P.O. Box 147,
Chanhassen, Minnesota 55317 , Telephone ( 612 ) 937-1900 .
7 . Other Special Conditions.
A. The developer shall dedicate to the City an
easement for trail purposes, 20-foot wide over all existing trail
segments .
B. The public street and utility improvements
throughout the development will require detailed construction
plans and specifications in accordance with the City' s latest
edition of standard specifications and detail plates. Final
construction plans and specifications shall be submitted to staff
for review and City Council approval a minimum of three weeks
prior to final plat consideration. The private utilities shall
also be constructed in accordance with City' s Standard
Specifications and Detail Plates and/or state plumbing codes . No
further subdivision of the outlots may occur unless the developer
executes the development contract and provides the necessary
security for the installation of the public utilities and streets
needed to service the individual parcels and the construction
plans are approved by the city or the city is petitioned for said
improvements and the City Council authorizes a project to provide
said street and utility improvements .
C. The developer shall notify the Federal Emergency
Management Agency (FEMA) regarding amendment to the existing
floor plain boundary. The developer will be responsible for
providing FEMA the necessary documentation to have the Federal
Flood Plain maps changed to reflect developed conditions .
D. The developer shall work with MnDOT in
coordinating the final alignment and construction limits of
Highway 5 and site grading and access to the site to be
compatible with MnDOT' s upgrading of Trunk Highway 5 construction
SP-2
plans . In addition, the developer shall coordinate the
adjustment, relocation, and cost of the power lines with MnDOT.
E. The developer shall dedicate on the final plat
public drainage and utility easements over the existing utilities
and drainageways (creeks) .
F. No building permit shall be issued within Bluff
Creek Corporate Center until final platting of the outlot (s) into
block and lot designations and the developer executes a
development contract and provides the necessary security for the
installation of the public improvements (Stone Creek Drive, water
and sewer) or the City awards a public improvement project for
the construction of the street and utility improvements.
G. The project and individual site users must comply
with the Development Design Standards for Bluff Creek Corporate
Center incorporated herein as Exhibit C of the Develop
Contract/PUD Agreement .
H. Any existing or deferred assessments against the
parcel shall be redistributed over Outlots B and C, Bluff Creek
Corporate Center, on an area basis .
8. General Conditions. The general conditions of this
Contract, approved by the City Council on February 23, 1998 are
attached as Exhibit "B" and incorporated herein.
SP-3
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
BLUFF CREEK PARTNERSHIP, INC.
BY:
Its
STATE OF MINNESOTA )
( ss .
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
day of , 19 , by Nancy K. Mancino, 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
The foregoing instrument was acknowledged before me this
day of , 19 , by , the
of Bluff Creek Partnership, Inc. , a Minnesota
corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-4
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the North Half of the NW 1% and the NW 1% of the NE 14 of
Section 15, Township 116 North, Range 23 West of the 5tb Principal
Meridian, lying Southeasterly of the centerline of County State Aid
Highway No. 19 as traveled and southerly of the centerline of State
Trunk Highway No. 5 as traveled, described as follows:
Commencing at the southwest corner of the above described property
(being the intersection of the centerline of Co. Rd. No. 19 and the
south line of North half of Northwest Quarter of said Section 15) ,
thence on an assumed bearing of North 89 degrees 30 minutes 44
seconds East, along the south line of said North Half, a distance
of -1809 .45 feet, thence North 10 degrees 59 minutes 16 seconds West
a distance of 285 . 00 feet; to the point of beginning of the parcel
of land to be described; thence North 10 degrees 59 minutes 16
seconds West, a distance of 310. 00 feet; thence North 43 degrees 30
minutes 44 seconds East, a distance of 438. 00 feet; thence North 43
degrees 59 minutes 16 seconds West, a distance of 425 .36 feet to
the centerline of State Trunk Highway No. 5; thence Northeasterly
along the centerline of said Highway 5 along a spiral curve to the
left with a Chord Bearing of North 80 degrees 43 minutes 00 seconds
East, and a Chord** 20 minutes 31 seconds East, a distance of
562 . 90 feet; thence along a spiral curve to the left with a Chord
Bearing of North 80 degrees 25 minutes 38 seconds East, and Chord
Distance of 71. 04 feet to the East line of the North 1/2 of the NW 14
of said Section 15; thence North 02 degrees 26 minutes 25 seconds
West, along said East line a distance of 6. 19 feet; thence North 89
degrees 28 minutes 31 seconds East, along the North line of said
Section 15 a distance of 315.34 feet; thence South 02 degrees 29
minutes 16 seconds East, a distance of 398.42 feet; thence South 70
degrees 59 minutes 16 seconds East, a distance of 125. 00 feet;
thence South 20 degrees 59 minutes 16 seconds East, a distance of
510.00 feet; thence South 21 degrees 00 minutes 44 seconds West, a
distance of 350. 00 feet; thence North 78 degrees 29 minutes 16
seconds West, a distance of 954. 64 feet; thence along a curve to
the left, having a radius of 500 . 00 feet, a delta angle of 22
degrees 30 minutes 00 seconds, a distance of 196. 35 feet; thence
South 79 degrees 00 minutes 44 seconds West, a distance of 45. 90
feet to the point of beginning.
**Distance of 97 . 10 feet; thence along said centerline, North 80
degrees .
SP-5
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 , 19
STATE OF MINNESOTA }
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-6
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 , 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 ,
•
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-7
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. 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.
2 . 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 .
3 . Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
4 . Iron Monuments. All monuments must be correctly placed
in the ground in accordance with Minn. Stat . § 505 . 02 , Subd. 1 .
The Developer' s surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
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. Park and Trail Dedication. At the time of issuance of
building permits for construction, 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 . One-third (1/3 ) of the park and trail cash
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contribution shall be paid contemporaneously with the City' s
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
7. Existing Assessments. Any existing assessments against
the plat will be re-spread against the plat in accordance with City
standards.
8. Responsibility for Costs.
A. The Developer shall pay to the City an
administrative fee in conjunction with the review and recording of
the final plat. 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, and City Attorney time for
review and recording of the final plat documents.
B. The Developer shall hold the City and its officers
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.
C. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys ' fees.
D. 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.
E. The developer shall pay the City a fee established
by City Council resolution, to reimburse the City for the cost of
updating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format .
9 . Miscellaneous.
A. Third Parties. Third parties shall have no recourse
against the City under this Contract. The City is not a guarantor
of the Developer's obligations under this Contract. The City shall
have no responsibility or liability to lot purchasers or others for
the City's failure to enforce this Contract or for allowing
deviations from it.
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B. Severability. If any portion, section, subsection,
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 .
C. 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 a waiver or release.
D. 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 Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
E. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed 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.
F. Assignability. The Developer may not assign this
Contract without the written peLmission 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 .
G. Variances. By approving the plat, the Developer
represents that all outlots in the plat are not buildable without
final platting the outlots into Lots and Blocks in accordance with
City ordinances.
H. Compliance with Laws, Ordinances, and Regulations .
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities :
1 . City of Chanhassen;
2 . State of Minnesota, its agencies, departments
and commissions;
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3 . United States Army Corps of Engineers;
4. Watershed District (s) ;
5 . Metropolitan Government, its agencies,
departments and commissions.
I . Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
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