1b Approve Addendum B to Development Contract, Project 98-10
CITY OF
CHANHASSEN
;90 City Center Drive, PO Box 147
Chanharren,A1inn~ota55317
Phone 612.937.1900
General Fax 612.937.5739
Engineering Fax 612.937.9152
Public Safity Fax 612.934.2524
iVeb www.ci.chanhassen.mn.us
1b
-.
MEMORANDUM
TO:
Anita Benson, City Engineer
Charles Folch, Director of Public Works Operations
David Hempel, Assistant City Engineer~'
FROM:
DATE:
May 6, 1998
SUBJ:
Approve Addendum "B" to Development Contract/PUD
Agreement for Arboretum Business Park - Project No. 98-10
The replat of Outlot E, Arboretum Business Park into Arboretum Business Park
Second Addition results in the necessity to amend the original development
contract/PUD Agreement to include the new plat. The public utility and street
improvements for this phase will be installed by the City under Project No. 97-1D.
The attached Addendum B extends the conditions of approval from Phase I to also
apply to the Second Addition. Ir is therefore recommended that the City Council
approve Addendum B to the development contract/PUD Agreement for
Arboretum Business Park conditioned upon the developer supplying the City with
an administration and recording fees in the amount of $143,069.00.
Jms
Attachment:
1. Addendum "B" to Arboretum Business Park Development
Contract/PUD Agreement.
2. Breakdown of Administration Fees.
c:
Fred Richter, Steiner Development
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rhe City of Chanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautifit! parks. A great place to live, work, and play
CITY OF CHANHASSEN
ARBORETUM BUSINESS PARK 2ND ADDITION
PROJECT NO. 98-10
BREAKDOWN OF ADMINISTRATION FEES - 5/5/98
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 ............................... $
b. Plat Filing..... ...... ..... .......... ..... ............. .......... ..................................... ................. $
c. Turnaround Easement. ....... ............... ............ .............. ....... .................. .... ... ........ $
30.00
30.00
30.00
- 113 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).......................:................. $126,614.00
- GIS Fees ($25 per plat and $10 per parcel) ...................................................................... $ 115.00
TOTAL ADMINISTRATION FEES ............................................................................. ~143..(k)9..00
c: Todd Hoffman, Park & Recreation Director
Phillip Elkin, Water Resources Coordinator
Fred Richter, Steiner Development
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ADDENDUM "B"
TO ARBORETUM BUSINESS PARK
DEVELOPMENT CONTRACT/PUD AGREEMENT
SPECIAL PROVISIONS
AGREEMENTS dated May 11, 1998, by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation ("City"), and CHASKA GA TEW A Y 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. Addendum "A" was approved September 22, 1997 and recorded on
February 18, 1998 as Carver County Abstract Document No. 222435. The developer is now
replatting a portion of Arboretum Business Park into Arboretum Business Park 2nd Addition.
2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract
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/PUD agreement, the following amendments shall apply:
a) 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 aright - in/right -out
only at Trunk Highway 41. All lots shall access onto interior streets and not Trunk Highways 41 or 5.
f) The developer shall enter into 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.
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 1 DO-year high water level.
0) 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.
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 41 shall 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 incorporated herein as Exhibit C of the development contract.
u) Full trail fees shall be collected per city ordinance for all lots in the Arboretum
Business Park 2nd Addition.
v) The developer agrees to waive any and all procedural or substantive objections to
the special assessments resulting from Project No. 97-lD 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 1 ~%, then rounded up to the nearest ~%. The assessment payback is not known yet but
will be a minimum of 5 years.
w) The developer shall dedicate to the City a temporary turnaround easement over
Lot 1, Block 1 and Lot 1, Block 2 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).
y) All driveway access points shall be constructed in accordance with the City's
industrial driveway detail plate No. 5207."
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.
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 GA TEW A Y 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
ST ATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrUIrent was acknowledged before me this _ day of , 1998,
~ ,~ ~
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 Coulter Boulevard
Chanhassen, MN 55317
(612) 937-1900
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