2c Wheatstone Restaurant Group, Approve Addendum B, Project 98-11
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CITY OF
CHANHASSEN
MEMORANDUM
90 City Center Drive, PO Box 147 TO:
Chanhassen, Minnesota 55317
Phone 612.937.1900 FROM:
General Fax 612.937.5739
Engineering Fax 612.937.9152 DATE:
eublic Safety Fax 612.934.2524
W'eb www.ci.cha/lhassen.mn.us SUBJ:
Anita Benson, City Engineer ,^V
David He~pel, Assistant City Engineer ~
May 6, 1998
Approve Addendum "B" to Development Contract for Villages on
the Ponds Third Addition - Project No. 98-10
The replat of Outlots D and E, Villages on the Ponds, into Villages on the Ponds
Third Addition for Houlihan's Restaurant results in the necessity to amend the
original development contract to include the new plat. No additional public utility
or street improvements will be necessary in conjunction with this replat. The
attached Addendum B extends the conditions of approval from Phase I to also
apply to the Third Addition.
It is therefore recommended that the City Council approve Addendum B to the
development contract for Villages on the Ponds conditioned upon the developer
supplying the City with administration and recording fees in the amount of
$9,259.00.
ktm
Attachments: 1.
Addendum B to Villages on the Ponds Development
Contract/PUD Agreement.
Breakdown of Administration Fees.
2.
c: Wheatstone Restaurant Group
\'dsI\vol2\eng\dave'cc\villages addendum b memo.doc
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he City of ClJanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ADDENDUM "B"
TO VILLAGES ON THE PONDS
DEVELOPMENT CONTRACT/PUD AGREEMENT
SPECIAL PROVISIONS
AGREEMENTS dated May 11, 1998, by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation ("City"), and WHEATSTONE RESTAURANT GROUP, a
Minnesota Corporation (the "Developer").
1. BACKGROUND. The City of Chanhassen has previously entered into a
Development Contract/PUD Agreement for Villages on the Ponds dated September 23, 1996.
The Development Contract/PUD Agreement was recorded at 3:30 p.m. on December 31, 1996 as
Carver County Abstract Document No. 205417. The developer is now platting Villages on the
Ponds Third Addition, a portion of which property was originally located in Villages on the
Ponds.
2. EXTENSION OF DEVELOPMENT CONTRACT. The Development
Contract/PUD Agreement shall remain in full force and effect and shall also apply to Villages on
the Ponds Third Addition.
3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the
Development, Contract/PUD Agreement, the following conditions shall apply:
a. Plan "B" Grading, Drainage and Erosion Control plans dated July 23, 1997,
prepared by BRW, Inc., shall be replaced with the Grading, Drainage and Erosion Control plans
dated April 20, 1998 prepared by HKS Associates, Inc.
b. Provide cross access easements and maintenance agreements for utilities and
parking facilities to be shared between the subject site and the AmericInn motel site.
c. The applicant shall pay the City administration fees for review and recording of the
final plat documents.
d. The proposed commercial development of 1.37 net developable acres is
responsible for a water quantity fee of $5,974.00. This fee is due payable to the city prior to the
city signing the final plat.
e. Lot 1, Block 1, Villages on the Ponds Third Addition, is subject to full park and
trail fees per city ordinance. One third of these fees will be paid prior to recording the fmal plat.
The remaining two thirds shall be paid at the time the building permit is granted.
f. 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.
g. The sanitary sewer and water lines and storm sewer on the site will be privately
owned and maintained by the property owner and not the city. The contractor will be responsible
for obtaining the appropriate sewer, water, and plumbing permits from the City's building
Department.
h. Construction Hours. Construction hours for required improvements under this
contract and for home and building construction in the plat, except for work that cannot be heard
outside the home or building, shall be from 7:00 a.m to 6:00 p.m on weekdays, from 9:00 a.m to
5:00 p.m on Saturdays with no such activity allowed on Sundays or any recognized legal holidays.
Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside of
the permitted construction hours, the Development shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$
$
500.00
1,000.00
All site developnent and
constroction must cease
for seven (1) calendar days
similar devices is prohibited in conjunction with the construCtion of horres. buildings. and the
1. Noise Amolification. The use of outdoor loudspeakers, bullhorns, intercoms, and
improverrents required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
4. RECORDING. The Development Contract/PUD Agreement and this Addendum "B"
shall be recorded against all lots and blocks and outlots in Villages on the Ponds Third Addition.
IN WITNESS WHEREOF this Addendum "B" was executed by the parties the day and
year first above written.
CITY OF CHANHASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
AND
Don Ashworth, City Manager
DEVELOPER: WHEATSTONE
RESTAURANT GROUP
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 Wheatstone
Restaurant Group, a Minnesota Corporation, on behalf of said corporation.
Notary Public
Drafted by:
City of Chanhassen
690 Coulter Boulevard
Chanhassen, MN 55317
(612) 937-1900
g:\eng\dave'cc\villages addendum b.doc
CITY OF CHANHASSEN
VILLAGES ON THE POND THIRD ADDITION
PROJECT NO. 98-9
BREAKDOWN OF ADMINISTRATION FEES - 5/6/98
Estimated Total Cost of Public Improvements .................. ............ ....... .............................. $
-0-
_ Final Plat Process (Attorney Fee Escrow for Review and Recording of Plat
and Development Contract)................................... ....... ...... ........ ....... ........... ......... $
450.00
- Recording Fees
a. Addendum "B" to Development Contract/PUD Agreement ............................ $
b. Plat Filing.......................................................................................................... $
30.00
30.00
_ One-third Park and Trail Fees (1.37 acres x $6,000/acre + 3) ........................................ $ 2,740.00
_ SWMP Fees (water quantity) .......................................................................................... $ 5,974.00
_ GIS Fees... ......................... ........ ........ ....... ......... ............. ..... ........ ........ ....... ...... ............... $ 35.00
TOT AL ADMINISTRATION FEES ............................................................................. $ 9.259.00
c: Todd Hoffman, Park & Recreation Director
Phillip Elkin, Water Resources Coordinators
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